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Agenda 07-13-21 d BEACK�,,,,,,CRA OWN= COMMU N FTY REDEVELOPMENT AGENCY Community Redevelopment Agency Board Meeting Tuesday, July 13, 2021 -5:30 PM GoToWebinar Online Meeting and City Hall Chambers, 100 E. Ocean Avenue 561-737-3256 AGENDA 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Roll Call 5. Agenda Approval A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda 6. Legal 7. 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 8. Announcements and Awards A. Rock the Plaza at One Boynton on July 17, 2021 from 5:00 p.m. to 8:00 p.m. B. Night Market on July 31, 2021 to be held at Centennial Park Amphitheater from 6:00 p.m. to 10:00 p.m. 9. Information Only A. Executive Director's Letter of Resignation B. Public Relations Articles Associated with the CRA 10. Public Comments 11. CRAAdvisory Board A. CRAAdvisory Board Meeting Minutes- June 3, 2021 B. Reports on Pending Assignments 1. Review of Commercial Properties within the CRAArea 12. Consent Agenda A. CRA Financial Report Period Ending June 30, 2021 B. Approval of CRA Board Meeting Minutes- June 8, 2021 C. Approval of Commercial Property Improvement Grant Program in the Amount of$7,694.72 for Shade Tree Music Studio, LLC located at 410 W. Industrial Avenue, Unit 1 13. Pulled Consent Agenda Items 14. CRA Projects in Progress A. Rock the Block Recap B. Rock the Marina & Lionfish Derby Recap C. Marketing and Social Media Update D. Social Media Outreach Program 3rd Quarterly Report (April - June 2021) E. CRA's Small Business Disaster Relief Forgivable Loan Program Close-out F. CRA Economic& Business Development Grant Program Update G. Neighborhood Officer Program 2nd Quarter Report Update 15. Public Hearing 16. Old Business A. Consideration and Discussion of Fiscal Year 2021-2022 Project Fund Budget B. Consideration of Second Amendment to Contract with Lewis, Longman & Walker, P.A. (LLW)for Legal Services C. Discussion and Consideration of a Purchase and Development Agreement between the CRA and Habitat for Humanity of South Palm Beach County, Inc. for the CRA Owned Property located at 545 NW 11th Avenue D. Discussion and Consideration of a Letter of Intent Submitted by Hyperion Development Group for the CRA Owned Property Located at 115 N. Federal Highway E. Discussion and Consideration of a Draft RFP/RFQ for the CRA Project (TABLED Located at 115 N. Federal Highway 6/8/21) F. Discussion and Consideration of the Purchase of the Property located at 115 N E 4th Avenue G. Cottage District Infill Housing Redevelopment Project Update of Discussion and Contract Negotiations with Azur Equities, LLC H. Discussion and Consideration of a Letter of Intent from the Barber Family (TABLED Companies LLC for CRA-Owned Property Located at 211 E. Ocean 6/8/21) Avenue I. Consideration of the Economic Development Grant Program Guidelines and Applications for FY 2021-2022 17. New Business A. Discussion and Consideration of the Purchase of the Properties Located at 511, 515 and 529 E. Ocean Avenue B. Discussion and Consideration of the Purchase of the Property Located at 1017 N. Federal Highway C. Consideration of Award and Contract for Proposals to the Request for Proposals for Event Management Services for the Boynton Beach Haunted Pirate Fest& Mermaid Splash D. Consideration of Award and Contract for Responses to the Request for Proposals (RFP) to Provide Marketing, Social Media, and Graphic Design Services for the Boynton Beach for the Haunted Pirate Fest& Mermaid Splash E. Approval of the FY 2021 - 2023 Boynton Harbor Marina Dockage Lease Agreement and Fees 18. Future Agenda Items A. Consideration of Award and Contract for Responses for the Management of the Boynton Harbor Marina B. MLK Jr. Boulevard Corridor Commercial Redevelopment and Affordable Multi-Family Rental Apartment Project Update C. 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 D. Additional Information on 3377 and 3315 N. Federal Highway E. Ocean Breeze East Affordable Multi-Family Rental Apartment Project U pdate F. Considerations of Revisions to the CRA Letter of Intent to Purchase Property Policy 19. 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, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: July 13, 2021 ANNOUNCEMENTS AND AWARDS AGENDAITEM: 8.A. SUBJECT: Rock the Plaza at One Boynton on July 17, 2021 from 5:00 p.m. to 8:00 p.m. SUMMARY: On Saturday, July 17, 2021, the CRA will host Rock the Plaza at the One Boynton property, which is located at 1351 South Federal Highway. Free parking will be available in the One Boynton parking garage. The free event, which will take place from 5:00 p.m. to 8:00 p.m., will spotlight the One Boynton residential offerings and the businesses within the shopping plaza. To maximize customer outreach, CRA staff will also provide social media assistance to interested businesses in the Plaza prior to the event to increase marketing and cross promotional opportunities with the hashtags#RockThePlaza and #HitTheBiz. The event will feature live music from the band Spred the Dub, cocktails, and special promotions from restaurants and businesses within the plaza. Please see Attachment I for the branded promotional poster that was distributed to businesses throughout the BBCRA area, Boynton Beach breweries, and at City of Boynton Beach municipal buildings. The next Rock the Plaza event will be held at Ocean Palm Plaza on August 21, 2021. FISCAL IMPACT: FY 2020 - 2021 Budget, Project Fund, Line Item 02-58500-480 - $10,000 for the event and $663.75 for marketing. CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action is required from the CRA Board at this time. ATTACHMENTS: Description D Attachment I - Promotional Poster rr r 11 11 1 ' 11 1' 66 1 son son on BOYNTON BEACH PRESENTED BY BOYNTON MBEACCR,H COMMUNITY REDEVELOPMENT AGENCY 1 01 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: July 13, 2021 ANNOUNCEMENTS AND AWARDS AGENDAITEM: 8.13. SUBJECT: Night Market on July 31, 2021 to be held at Centennial Park Amphitheater from 6:00 p.m. to 10:00 P.M. SUMMARY: On Saturday, July 31, 2021, the CRA will host the Boynton Beach Night Market at the newly constructed Centennial Park Amphitheater, which is located at 100 E. Ocean Avenue. The free event, which will take place from 6:00 p.m. to 10:00 p.m., will feature a variety of Boynton Beach restaurants, retailers, and professional service providers that will be exhibiting their goods and services to event attendees. This family-friendly event will also feature fun games and live music from The Valerie Tyson Band. Free parking will be available along East Ocean Avenue and in the City Hall parking lots. Vendor applications will be accepted through July 26, 2021. Interested vendors should email hussaina2@bbfl.us for additional information. Please see Attachment I for the branded promotional poster that will be distributed to businesses throughout the BBCRA area, Boynton Beach breweries, and at City of Boynton Beach municipal buildings. FISCAL IMPACT: FY 20210 Budget, Project Fund, Line Item 02-58500-480 $30,000 event and $5,200 for marketing CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action is required from the CRA Board at this time. ATTACHMENTS: Description D Attachment I - Promotional Poster - itr7rt�`\;J,�� 'u1 s �:.+- .Y: .. i 1...# \ 3 �di64z\my'Awa\'Sra'Awa'Awa'Awa'Awa�.w%'Awa'Awa\�.wa\�.orals.wzl�.wa\�.wa\�.wa\�.wa\lNt�=tit l r {� ",44, NI �� {� --Sif �" i / � �u Av�ins�T».,me.;r�t✓ v,.� aw€vk�� rr. 'rugr�.�nr(_,�. � sw...r, )x at x nvfsa`, .rf r.a�is'�fti' SHOP UNDER THE STARS t' R y # at f 1%N� vq�� ST1 [] 1 r JULY 31 6 - PM CFANTFANNIA ' . 4 � �� ' 4 —"-� MH HEATER r 100 E. OCEAN AVE. i vq V li 11 Vi {4 {ti f I_. {u 1 `71� of �r PRESENTED BY � 0 BOYN TO N BEACHCRA COMMUNITY REDEYE,.oPMENT AGENCY Learn More 1�, 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: July 13, 2021 INFORMATION ONLY AGENDAITEM: 9.A. SUBJECT: Executive Director's Letter of Resignation SUMMARY: On June 17, 2021 the CRA Executive Director provided his letter of resignation to the CRA Board with an amendment letter submitted to the Board on July 9, 2021, revising the last date of employment (see Attachment 1). CRA BOARD OPTIONS: No action required by the CRA Board. ATTACHMENTS: Description D Attachment I - Resignation and Amendment Letter Roy Michael Simon jr. 157 Lakeland Ridge g Chelsea,AL 35043 561-706-6657 rmichaelsimonjr@yahoo.com July 9,2021 CRA Board Chair and Board Members Boynton Beach CRA 100 E. Ocean Avenue, Fourth Floor Boynton Beach, FL 33435 Re: Amendment to Letter of Resignation dated June 17,2021 Dear Board Chair Grant,Vice Chair Hay,Board Members Katz,Romelus and Penserga: Please accept this as an amendment to my Letter of Resignation submittedto you on June 17, 2021 (attached), revising my departure timeline from September 30, 2021 to the amended date of August 12, 2021. In order to best serve the agency and provide staff with any transitional assistance needed,I will continue to fulfill the duties and responsibilities of my position until the date referenced above. As we previously agreed, I will be working remotely during this period and will be attending the August 10,2021,CRA Board meeting in person. Again,words cannot express to you the level of gratitude I feel toward the CRA Board for allowing me the opportunity of working at the Boynton Beach CRA over the past 15 years. The current team of staff at the CRA are the best in the business and we are very fortunate to have them working for the CRA. The Agency has a great deal to be proud of and many more wonderful things to accomplish. Wishing you all the very best in your personal and professional endeavors. Thank you for your many years of leadership and support. Very truly yours, Michael Simon cc: Thuy Shutt,Assistant Director,Boynton Beach CRA Staff,Boynton Beach CRA Tara Duhy, Legal Counsel,Boynton Beach CRA Roy Michael Simon Jr. 157 Lakeland Ridge Chelsea,AL 35043 561-706-6657 rmichaelsimonjr@yahoo.com won June 17,2021 CRA Board Chair and Board Members Boynton Beach CRA 100 E. Ocean Avenue, Fourth Floor Boynton Beach,FL 33435 Dear Board Chair Grant,Vice Chair Hay,Board Members Katz,Romelus and Penserga: Please accept this letter as my formal resignation as the Executive Director of the Boynton Beach CPA The decision to leave this incredible position, staff,company and community for which I have sincerely loved working, was made based on my family's desire to relocate to an area outside of Birmingham, Alabama in order to be closer to our children and grandchildren. In order to best serve the agency and staff,I will continue to fulfill all of the duties and responsibilities of my position throughout my remaining contract period until September 30, 2021. This will provide staff and the agency with any transitional assistance needed. During this period, I will be working remotely and attending the CRA Board meetings in person. My last day of agency employment will be at the expiration of my accumulated vacation and sick leave. Words cannot express to you the level of gratitude I feel toward the CRA Board for allowing me the opportunity of working at the Boynton Beach CRA over the past 15 years. The Boynton Beach CRA has grown and matured during this time period and I am proud to have had a part in guiding that growth, maturity and redevelopment. I look forward to watching all of the agency's future success and wish you all the very best in your endeavors. Thank you for your many years of leadership and support. Very truly yours, Michael Simon cc: Thuy Shutt,Assistant Director,Boynton Beach CRA Staff,Boynton Beach CRA Tara Duhy,Legal Counsel,Boynton Beach CRA 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: July 13, 2021 INFORMATION ONLY AGENDAITEM: 9.13. SUBJECT: Public Relations Articles Associated with the CRA SUMMARY: WPTV: • Boynton Beach to Look at Development Ideas for Federal Highway: • https://www.wptv.com/news/region-s-palm-beach-county/boynton-beach/boynton-beach-to- Iook-at-development-ideas-for-federal-highway Boca Raton Tribune • Message from the CEO: • https://www.bocaratontribune.com/bocaratonnews/2021/06/message-from-the-ceo- moving-business-forward-86/ 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. 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: July 13, 2021 CRAADVISORY BOARD AGENDAITEM: 11.A. SUBJECT: CRA Advisory Board Meeting Minutes -June 3, 2021 SUMMARY: See attached minutes. CRAAB RECOMMENDATION: Approved June 3, 2021 CRA Advisory Board meeting minutes. ATTACHMENTS: Description D June 3, 2021 CRAAdvisory Board Meeting Minutes Y I MINUTES OF THE CRA ADVISORY BOARD MEETING 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA 33435 HELD ON THURSDAY, JUNE 3, 2021 AT 6:30 PM PRESENT: STAFF: Naomi Cobb Michael Simon, CRA Executive Director Joe Josemond Bonnie Nicklien, CRA Grants & Project Manager Sharon Grcevic Vanessa Mutchnik, Prototype, Inc. Angela Cruz Yonnne Skovron Golene Gordon ABSENT: Aimee Kelley 1. Call to Order— The meeting was called to order Michael Simon, at 6:33 PM. 2. Roll Call - Roll was called, and it was determined a quorum was present. Mr. Simon stated that the Board should select a Chair and Vice Chairperson for the City Commission to ratify. Motion was made by Ms. Grcevic, seconded by Ms. Cruz, to select Ms. Gordon as Board Chair. In a voice vote, the motion passed unanimously (6-0). Motion was made by Ms. Grcevic, seconded by Ms. Gordon, to select Ms. Cruz as Board Vice Chairperson. In a voice vote, the motion passed unanimously (6-0). 3. Agenda Approval A. Additions, Deletions, Corrections to the Agenda — None B. Adoption of Agenda Motion was made by Ms. Cobb, seconded by Ms. Skovron, to adopt the agenda. Ina voice vote, the motion passed unanimously (6-0). 4. Information Only Meeting Minutes CRA Advisory Board June 3, 2021 Boynton Beach, Florida Mr. Simon stated that the City will be holding the following upcoming events; "Rock the Block" on June 12th, "Rock the Marina" on June 26th, "Rock the Plaza" on July 17th and "Night Market" celebrating the new amphitheater on July 31St 5. Public Comment Bishop Bernard Wright stated that he would like to see the Board add an invocation and pledge to the agenda. The Board discussed the option of rotating the invocation. Motion was made by Ms. Cobb, seconded by Ms. Cruz, to amend future agendas and include a pledge and an invocation. In a voice vote, the motion passed (5-1, with Ms. Grcevic opposed). 6. Consent A. Approval of CRA Advisory Board Meeting Minutes — May 6, 2021 Motion was made by Ms. Cruz, seconded by Ms. Skovron, to approve the minutes of the May 6, 2021 Board meeting. In a voice vote, the motion passed unanimously (6-0). 7. Assignments A. Pending Assignments 1. Review of Commercial Properties within CRA Area From the Notice Agenda (see attached), the following properties were presented: • 417 NE 6Th AVENUE o North of Boynton Beach Boulevard, industrial area 0 8-minute drive to Boynton Beach Commuter Rail (Tri-County Commuter) and 23-minute drive Palm Beach International Airport o Currently an auto body and towing company 0 1,609 SF o Listing price $529,000 Board Comments: Mr. Josemond stated that the property is overprice and would recommend placing the property in "Does not Fit the CRA Mission". 2 Meeting Minutes CRA Advisory Board June 3, 2021 Boynton Beach, Florida Chair Gordon and Vice Chair Cruz stated that they both agreed with Mr. Josemond. Ms. Cobb stated that she would place the property in "Pursue at a Future Date". Ms. Skovron and Ms. Grcevic both stated that they would place the property in "Does not Fit the CRA Mission". Motion was made by Ms. Grcevic, seconded by Ms. Skovron, to place property 417 NE 6t" Avenue in "Does not Fit the CRA Mission". In a voice vote, the motion passed (5-1, with Ms. Cobb opposed). • 609 N. RAILROAD AVENUE o Industrial area in the heart of Boynton Beach 0 8-minute drive to Boynton Beach Commuter Rail (Tri-County Commuter) and 23-minute drive Palm Beach International Airport 0 9,627 SF 0 0.42 AC o Listing price $1,699,999 Board Comments: Ms. Grcevic stated that when she drove by the property, it looked like work was being performed on the property. Ms. Grcevic stated that she would not want to interfere with that work right now. Ms. Cobb questioned if the work was being done by the property owner. Mr. Simon stated that he did not have that information. Ms. Skovron stated that she would recommend placing the property in "Does not Fit the CRA Mission". Ms. Cobb and Vice Chair Cruz stated that they would place the property in "Does not Fit CRA Mission". Chair Gordon stated that after visiting the site, she would place the property in "Pursue at a Future Date". Mr. Josemond stated that he would recommend placing the property in "Does not Fit the CRA Mission". 3 Meeting Minutes CRA Advisory Board June 3, 2021 Boynton Beach, Florida Motion was made by Mr. Josemond, seconded by Ms. Skovron, to place property 609 N. Railroad Avenue in "Does not Fit the CRA Mission" at the time. In a voice vote, the motion passed unanimously (6-0). • 3377 NORTH FEDERAL HIGHWAY 0 1,220 SF 0 12-minute drive to Delray Beach Commuter Rail (Tri-County Commuter) and 25-minute drive to Palm Beach International Airport o Listing price $599,000 Board Comments: Ms. Skovron questioned the current zoning for this property. Mr. Simon stated that it is currently zone for commercial 3, but added that in the future CRA plan, it would be mix use low density zone. Ms. Skovron stated that she would place the property in "Pursue Now as a Land Banking Opportunity". Ms. Cobb stated that she would agree with Ms. Skovron. Ms. Grcevic stated that she would recommend placing the property in either "Pursue at a Future Date" or "Pursue Now as a Land Banking Opportunity". Vice Chair Cruz stated that she agreed with Ms. Grcevic. Mr. Josemond stated that the price is high for this property but added that he would recommend placing the property in "Pursue Now as a Land Banking Opportunity". He added that the property could be a little cafe or doctor's office. Motion was made by Mr. Grcevic, seconded by Ms. Skovron, to place property 3377 N. Federal Highway in "Pursue Now as a Land Banking Opportunity". In a voice vote, the motion passed unanimously (6-0). • 3351 NORTH FEDERAL HIGHWAY o Currently Wicker & Rattan Furniture 0 5,000 SF 0 12-minute drive to Delray Beach Commuter Rail (Tri-County Commuter) and 26-minute drive to Palm Beach International Airport o Listing price $1,499,000 Ms. Grcevic stated that this property has a great historical Boynton Beach charm. 4 Meeting Minutes CRA Advisory Board June 3, 2021 Boynton Beach, Florida Ms. Cobb stated that she would recommend placing the property in the "Pursue Now as a Land Banking Opportunity". Chair Gordon stated that she agreed with Ms. Cobb. Ms. Skovron stated that she would put this property in "Pursue at a Future Date". Mr. Simon stated that from a staff level, this would be a great property to pursue. It gets the property out of the County and accomplishes the City's annexation goal. He added that it is next to the previous property discussed and having both properties would make them more desirable to developers in the private sector. Ms. Grcevic questioned if the Board could make a condition; to only pursue this property if the City is able to purchase the previous one. Mr. Simon stated that the Board could put that condition in the recommendation. The Board discussed both property 3377 N. Federal Highway and 3351 N. Federal Highway. Motion was made by Ms. Cobb, seconded by Mr. Josemond, to place property 3351 N. Federal Highway in "Pursue Now as a Land Banking Opportunity". In a voice vote, the motion passed unanimously (6-0). B. New Assignments — No new assignments Ms. Cobb questioned if she missed a meeting. She stated that she thought there were more properties for the Board to discuss. Mr. Simon stated that, at the last meeting, the Board decided to move forward the four properties discussed tonight. He stated that at the next meeting, he will have new properties for the Board to discuss. 8. Adjournment Motion was made by Vice Chair Cruz, seconded by Ms. Cobb, to adjourn the meeting. In a voice vote, the motion passed unanimously (6-0). The meeting was adjourned at 7:34 PM. Attachments: Presentation of Commercial Properties within CRA Area [Minutes transcribed by V. Mutchnik, Inc.] 5 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: July 13, 2021 REPORTS ON 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" or properties where the CRA has been presented an opportunity to purchase by the property owners or their representatives. 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 FISCAL IMPACT: To be determined. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRAAB RECOMMENDATION: Pursue Now as a pursue at a Future Does not Fit the Property Address Land Banking Date CRAMission Opportunity 220-224 E. MLK Jr. X Blvd 409 NE 1st Avenue X 1017 N. Federal X Highway 1022 N. Federal X Highway CRA BOARD OPTIONS: To be determined ATTACHMENTS: Description D Attachment 1 -220-224 E. MILK Jr. Blvd D Attachment II -409 NE 1st Street D Attachment III - 1017-1022 N. Federal Highway 1 t t , �1 3 Ssi1 fiR�R n � t -LU§ 1- S 4 ti . t is tt] P E}7 P�4 t J � z�s � x s_ 1 1 tS ttf��, t 1 ) v r ,t �u '�41y ,41 „ t,'Q {i tff�}1}Ft'uS}i t tF r sits', �1 !i tf f4t tt tt� li t s li yl ii'tltAx t� tl_ s tPA19"" 6/21/2021 PAPA-Property Detail ADJUST FONT SIZE: + RESET Website Search Q D 0 R(0 D TH"'y'J A C K S CFA, AAS o s Palm Beach County Property Appraiser 91 © IM Tube O Real Property Search by Owner Name(Last Name first)or Address or PCN Search ,= Classic PAPA * MyPAPA Print This Page ® Save as PDF Print Property Summary 2020 Proposed Notice Property Detail Owner Information Sales Information Exemption Information Property Information Appraisals Assessed and Taxable Values Taxes Full Property Detail Property Detail LShow Full Map a.a.a.a.a.a.a.a.a.a.a.a.a.a.a.a.a.a.a.a.a.a. 220 E MARTIN LUTHER F l , Location Address KING JR BLVD 1 Municipality BOYNTON BEACH Parcel Control Number 08-43-45-21-04-000-0170 Subdivision WELLS ROBERT SUB Official Records Book/Page 28859/29 a Sale Date JAN-2017 ROBERT WELLS SUB Legal Description LOTS 17&18 (LESS N 10 FT RD R/W) -t w....................................................................................................................... .� Nearby Sales Search https://www.pbcgov.com/papa/Asps/PropertyDetail/Pro pe rty Detail.aspx?parcel=08434521 0400001 70&srchtype=map 1/4 6/21/2021 PAPA-Property Detail uwner inrormation Change of Address -------------------------------- Owner(s) Mailing Address 220 EAST LLC 455 NE 5TH AVE DELRAY BEACH FL 33483 5658 Sales Information Sales Date Price OR Book/Page Sale Type Owner JAN-2017 $10 28859/ 00029 ' . QUIT CLAIM 220 EAST LLC DEC-1992 $130,000 07496/ 01042 WARRANTY DEED FITZPATRICK B J & JAN-1979 $45,000 03180/ 01352' . JAN-1975 $100 02447/ 01632 EXECUTOR'S DEED JAN-1971 $50,000 01944/ 01092 WARRANTY DEED NOTE: Sales do not generally appear in the PAPA database until approximately 1 to 3 weeks after the closing date. If a recent sale does not show up in this list, please allow more time for the sale record to be processed. Exemption Information Portability Calculator ---------------------------------------- No Exemption Information Available. Property Information https://www.pbcgov.com/papa/Asps/PropertyDetail/Pro pe rty Detail.aspx?parcel=08434521 0400001 70&srchtype=map 2/4 6/21/2021 PAPA-Property Detail Subarea and Sq. Footage for Building 1 Structural Element for Building 1 Sketch for Building 1 Code Description Sq. 1. Year Built 1961 9 Footage '2 APARTMENTS 1834 APARTMENT 1834 Total Square Footage: 1834 H n ,o .Number �...............................................................z of Units 10 [View Building Details Tota Square 6220 Feet* Acres 0.3559 Property Use Code 0300-MULTIFAMILY 10 UNITS OR MORE Zoning R2-R2 DUPLEX,10 DU/AC(08 BOYNTON BEACH) May indicate living area in residential properties. Request Structural Details Change ------------------------------------------------------------- Appraisals Show 5 year I Show 10 year Tax Year 2020 2019 2018 2017 2016 Improvement Value $378,017 $352,897 $307,697 $212,787 $198,647 Land Value $270,380 $257,500 $250,000 $198,450 $189,000 Total Market Value $648,397 $610,397 $557,697 $411,237 $387,647 All values are as of January 1 st each year Assessed and Taxable Values Show 5 year I Show 10 year Tax Year 2020 2019 2018 2017 2016 Assessed Value $648,397 $610,397 $557,697 $411,237 $387,647 Exemption Amount $0 $0 $0 $0 $0 Taxable Value $648,397 $610,397 $557,697 $411,237 $387,647 Taxes Show 5 year I Show 10 year Tax Year 2020 2019 2018 2017 2016 Ad Valorem $13,874 $13,190 $11,746 $8,781 $8,462 Non Ad Valorem $2,150 $2,170 $2,180 $2,180 $1,970 Total tax $16,024 $15,360 $13,926 $10,961 $^43 https://www.pbcgov.com/papa/Asps/PropertyDetail/Pro pe rty Detail.aspx?parcel=08434521 0400001 70&srchtype=map 3/4 6/21/2021 PAPA-Property Detail .............................................................................................................................. *Buyers take note: Taxes will change and often increase y g Property Tax Calculator substantially when a property sells. The seller's exemption benefits ----------------------------------------I .a.a.a.a.a.a.a.a.a.a.a.a.a.a.a.a.a.a.a.a............................... will GO AWAY the year after they sell and this may result in higher Property Tax Detail taxes for a buyer. Please use the Property Tax Calculator to get a --------------- --` better annual tax estimate if you are purchasing this property. Tax Collector 0 HOM E CONTACT US ID RECORDS CUSTODIAN Disclaimer: The information contained herein is for ad valorem tax assessment purposes only. The Property Appraiser exercises strict auditing procedures to ensure validity of any transaction received and posted by this office, but cannot be responsible for errors or omissions in the information received from external sources. Due to the elapsed time between transactions in the marketplace, and the time that those transactions are received from the public and/or other jurisdictions, some transactions will not be reflected. Information collected at this site, including email addresses, becomes public record and may be subject to inspection and copy by the public unless prohibited by exception or exemption in the law. This site is designed to work best with the Internet Explorer 10 or higher and other proprietary browsers like Google Chrome, Mozilla Firefox and Safari. Please contact us if you need additional information or assistance with browser settings. ADA Access The Palm Beach County Property Appraiser's Office is committed to compliance with the Americans with Disabilities Act(ADA) and WCAG 2.0 and WCAG 2.1. It does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services,programs or activities. Upon request, reasonable accommodation will be made to allow individuals with disabilities access to the communications regarding our services,programs or activities set forth on the Palm Beach County Property Appraiser's Office website. Please contact our public records custodian at 561.355.2881 or e- mail your request to pa-pubsvc@pbcgov.org. ©2019 Palm Beach County Property Appraiser. Designed and maintained by Palm Beach County, Information Systems Services. https://www.pbcgov.com/papa/Asps/PropertyDetail/Pro pe rty Detail.aspx?parcel=08434521 0400001 70&srchtype=map 4/4 6/21/2021 PAPA-Property Detail ADJUST FONT SIZE: + RESET Website Search Q D 0 R(0 D TH"'y'J A C K S CFA, AAS o s Palm Beach County Property Appraiser 91 © IM Tube O Real Property Search by Owner Name(Last Name first)or Address or PCN Search ,= Classic PAPA * MyPAPA Print This Page ® Save as PDF Print Property Summary 2020 Proposed Notice Property Detail Owner Information Sales Information Exemption Information Property Information Appraisals Assessed and Taxable Values Taxes Full Property Detail Property Detail ...................................................... M' Show Full Map `" '_' c Location Address 224 E MARTIN LUTHER KING JR BLVD A Municipality BOYNTON BEACH Parcel Control Number 08-43-45-21-04-000-0160 Subdivision WELLS ROBERT SUB Official Records Book/Page 28606/640 Sale Date SEP-20161 . j ROBERT WELLS SUB LOT Legal Description 16 (LESS N 10 FT RD R/W) ............................. ... Nearby Sales Search https://www.pbcgov.com/PAPA/Asps/PropertyDetaiI/PropertyDetai1.aspx?parcel=08434521040000160 1/4 6/21/2021 PAPA-Property Detail uwner inrormation Change of Address -------------------------------- Owner(s) Mailing Address FITZPATRICK BRIAN J& PO BOX 524 FITZPATRICK JACQUELINE S BOYNTON BEACH FL 33425 0524 Sales Information Sales Date Price OR Book/Page Sale Type Owner SEP-2016 $10 28606/ 00640 QUIT CLAIM FITZPATRICK BRIAN J & MAR-2007 $100,000 21655/ 01359 WARRANTY DEED FITZPATRICK BRIAN J MAR-2001 $10 12374/ 00874 QUIT CLAIM RAHMING GEORGE C OCT-1999 $10 11870/ 00199 QUIT CLAIM JUN-1999 $10 11870/ 00201 QUIT CLAIM JUN-1999 $10 11870/ 00197 QUIT CLAIM JUN-1999 $10 11870/ 00195 QUIT CLAIM JAN-1998 $100 10190/ 01423 DEED OF TRUST RAHMING CHARLES NOTE: Sales do not generally appear in the PAPA database until approximately 1 to 3 weeks after the closing date. If a recent sale does not show up in this list, please allow more time for the sale record to be processed. Exemption Information PortabilityCalculator ---------------------------------------- No Exemption Information Available. Property Information https://www.pbcgov.com/PAPA/Asps/PropertyDetaiI/PropertyDetai1.aspx?parcel=08434521040000160 2/4 6/21/2021 PAPA-Property Detail Subarea and Sq. Footage for Building 1 Structural Element for Building 1 Sketch for Building 1 Code Description Sq. 1. Exterior Wall 1 MSY:CONC. BLOCK Footage 2. Year Built 1964 FOP Finished Open Porch 64 3 Air Condition AC ONLY I ��4r,� 5a , FOP Finished Open Porch 64 Desc. BAS Base Area 1248 4. Heat Type NONE Total Square Footage: 1376 5. Heat Fuel NONE (1248j "' Total Area Under Air: 1248 6. Bed Rooms 4 7. Full Baths 2 s s� 8. Half Baths 0 sa, Number of9. Exterior Wall 2 NONE Units 2 �View Building Details ------------� 110. Roof Structure GABLE/HIP Total BUILT-UP Square 1376 11. Roof Cover TAR/GRAVEL Feet* 12. Interior Wall 1 DRYWALL Acres 0.1779 Property 13. Interior Wall 2 N/A Use Code 0800-MULTIFAMILY< 10 UNITS 14. Floor Type 1 VINYL ASBESTOS 15. Floor Type 2 N/A Zoning R2-R2 DUPLEX, 10 DU/AC(08- 16. Stories 1 BOYNTON BEACH) *May indicate living area in residential properties. e........................................................................................................................... Request Structural Details Change Appraisals Show 5 year I Show 10 year Tax Year 2020 2019 2018 2017 2016 Improvement Value $84,916 $89,785 $64,474 $64,474 $52,568 Land Value $15,400 $14,280 $14,300 $13,000 $10,000 Total Market Value $100,316 $104,065 $78,774 $77,474 $62,568 All values are as of January 1 st each year Assessed and Taxable Values Show 5 year I Show 10 year Tax Year 2020 2019 2018 2017 2016 Assessed Value $91,607 $83,279 $75,708 $68,825 $62,568 Exemption Amount $0 $0 $0 $0 $0 Taxable Value $91,607 $83,279 $75,708 $68,825 $62,568 Taxes https://www.pbcgov.com/PAPA/Asps/PropertyDetaiI/PropertyDetai1.aspx?parcel=08434521040000160 3/4 6/21/2021 PAPA-Property Detail Show 5 year I Show 10 year Tax Year 2020 2019 2018 2017 2016 Ad Valorem $2,021 $1,949 $1,615 $1,528 $1,366 Non Ad Valorem $430 $434 $436 $436 $394 Total tax $2,451 $2,383 $2,051 $1,964 $1,760 .......................................................................................................................................... *Buyers take note: Taxes will change and often increase Property Tax Calculator substantially when a property sells. The seller's exemption benefits ,m;m;m;m;,m;m;m;m;,m;m;m;m;,m;m;m;m;,m;m;m;m;,m;m;m;m;,m °' will GO AWAY the year a er they sell this may result in higher �Property Tax Detail ................. ....... taxes for a buyer. Please use the Property Tax Calculator to get a ..-..--- ---. better annual tax estimate if you are purchasing this property. Tax Collector HOM E CONTACT US ID RECORDS CUSTODIAN Disclaimer: The information contained herein is for ad valorem tax assessment purposes only. The Property Appraiser exercises strict auditing procedures to ensure validity of any transaction received and posted by this office, but cannot be responsible for errors or omissions in the information received from external sources. Due to the elapsed time between transactions in the marketplace, and the time that those transactions are received from the public and/or other jurisdictions, some transactions will not be reflected. Information collected at this site, including email addresses, becomes public record and may be subject to inspection and copy by the public unless prohibited by exception or exemption in the law. This site is designed to work best with the Internet Explorer 10 or higher and other proprietary browsers like Google Chrome, Mozilla Firefox and Safari. Please contact us if you need additional information or assistance with browser settings. ADA Access The Palm Beach County Property Appraiser's Office is committed to compliance with the Americans with Disabilities Act(ADA) and WCAG 2.0 and WCAG 2.1. It does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services,programs or activities. Upon request, reasonable accommodation will be made to allow individuals with disabilities access to the communications regarding our services,programs or activities set forth on the Palm Beach County Property Appraiser's Office website. Please contact our public records custodian at 561.355.2881 or e- mail your request to pa-pubsvc@p6cgov.org. ©2019 Palm Beach County Property Appraiser. Designed and maintained by Palm Beach County, Information Systems Services. https://www.pbcgov.com/PAPA/Asps/PropertyDetaiI/PropertyDetai1.aspx?parcel=08434521040000160 4/4 r 1 p p r t s i r i �s I�s A , ur "EY s 6r�� z ,r a. — ti , 1�f4� 6/21/2021 PAPA-Property Detail ADJUST FONT SIZE: + RESET Website Search Q D 0 R(0 D TH"'y'J A C K S CFA, AAS o s Palm Beach County Property Appraiser 91 © IM Tube O Real Property Search by Owner Name(Last Name first)or Address or PCN Search ,= Classic PAPA * MyPAPA Print This Page ® Save as PDF Print Property Summary 2020 Proposed Notice Property Detail Owner Information Sales Information Exemption Information Property Information Appraisals Assessed and Taxable Values Taxes Full Property Detail Property Detail sShow Full Map p Location Address 409 NE 1 ST ST Municipality BOYNTON BEACH Parcel Control Number 08-43-45-21-30-002-0012 SHEPARD FUNK ADD TO � Subdivision TOWN OF BOYNTON IN Official Records Book/Page 28606/632 Sale Date SEP-2016 SHEPARD FUNK ADD S a i I Legal Description 33.90 FT OF LTS 1 &2 f BLK 2 � ............................................................................................ Nearby Sales Search https://www.pbcgov.com/papa/Asps/PropertyDetail/Pro pe rty Detail.aspx?parcel=08434521 30002001 2&srchtype=map 1/4 6/21/2021 PAPA-Property Detail uwner inrormation Change of Address -------------------------------- Owner(s) Mailing Address FITZPATRICK BRIAN J& PO BOX 524 FITZPATRICK JACQUELINE S BOYNTON BEACH FL 33425 0524 Sales Information Sales Date Price OR Book/Page Sale Type Owner SEP-2016 $10 28606/ 00632 QUIT CLAIM FITZPATRICK BRIAN J & JAN-2003 $5,500 14729/ 01761 WARRANTY DEED FITZPATRICK BRIAN DEC-2002 $1,000 14548/ 01819 QUIT CLAIM PRIME PROPERTY OF THE PALM BEACHES INC MAR-1998 $1,000 10285/ 01204" CERT OF TITLE ABEL BLANCHE APR-1991 $24,00006834/ 01675 WARRANTY DEED JAN-1990 $100 06365/ 01835, QUIT CLAIM JAN-1985 $1,000 04448/ 01009 WARRANTY DEED MAR-1978 $100 02829/ 00999 QUIT CLAIM NOTE: Sales do not generally appear in the PAPA database until approximately 1 to 3 weeks after the closing date. If a recent sale does not show up in this list, please allow more time for the sale record to be processed. Exemption Information PortabilityCalculator ---------------------------------------- No Exemption Information Available. Property Information https://www.pbcgov.com/papa/Asps/PropertyDetail/Pro pe rty Detail.aspx?parcel=08434521 30002001 2&srchtype=map 2/4 6/21/2021 PAPA-Property Detail Subarea and Sq. Footage for Building 0 Structural Element for Building 0 Sketch for Building 0 Code Description Sq. Footage No Imege Found; No Data Found. Number of 0 View Building Details Units Tota Square 0 Feet* Acres 0.0904 Property Use Code 0000-VACANT Zoning R2-R2 DUPLEX,10 DU/AC(08- BOYNTON BEACH) May indicate living area in residential properties. R 11 eq11 u 11 e 11 st S 11 t 11 ru11 ct11 u 11 ra11 l D 11 etails C 11 ha11 ng11 e 11 11 11 Appraisals Show 5 year I Show 10 year Tax Year 2020 2019 2018 2017 2016 Improvement Value $0 $0 $0 $0 $0 Land Value $30,000 $21,000 $20,117 $13,874 $12,613 Total Market Value $30,000 $21,000 $20,117 $13,874 $12,613 All values are as of January 1 st each year Assessed and Taxable Values Show 5 year I Show 10 year Tax Year 2020 2019 2018 2017 2016 Assessed Value $12,862 $11,693 $10,630 $9,664 $8,785 Exemption Amount $0 $0 $0 $0 $0 Taxable Value $12,862 $11,693 $10,630 $9,664 $8,785 Taxes Show 5 year I Show 10 year Tax Year 2020 2019 2018 2017 2016 Ad Valorem $395 $319 $286 $235 $219 Non Ad Valorem $0 $0 $0 $0 $0 Total tax $395 $319 $286 $235 $219 https://www.pbcgov.com/papa/Asps/PropertyDetail/Pro pe rty Detail.aspx?parcel=08434521 30002001 2&srchtype=map 3/4 6/21/2021 PAPA-Property Detail .............................................................................................................................. *Buyers take note: Taxes will change and often increase y g Property Tax Calculator substantially when a property sells. The seller's exemption benefits ----------------------------------------I .a.a.a.a.a.a.a.a.a.a.a.a.a.a.a.a.a.a.a.a............................... will GO AWAY the year after they sell and this may result in higher Property Tax Detail taxes for a buyer. Please use the Property Tax Calculator to get a --------------- --` better annual tax estimate if you are purchasing this property. Tax Collector 0 HOM E CONTACT US ID RECORDS CUSTODIAN Disclaimer: The information contained herein is for ad valorem tax assessment purposes only. The Property Appraiser exercises strict auditing procedures to ensure validity of any transaction received and posted by this office, but cannot be responsible for errors or omissions in the information received from external sources. Due to the elapsed time between transactions in the marketplace, and the time that those transactions are received from the public and/or other jurisdictions, some transactions will not be reflected. Information collected at this site, including email addresses, becomes public record and may be subject to inspection and copy by the public unless prohibited by exception or exemption in the law. This site is designed to work best with the Internet Explorer 10 or higher and other proprietary browsers like Google Chrome, Mozilla Firefox and Safari. Please contact us if you need additional information or assistance with browser settings. ADA Access The Palm Beach County Property Appraiser's Office is committed to compliance with the Americans with Disabilities Act(ADA) and WCAG 2.0 and WCAG 2.1. It does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services,programs or activities. Upon request, reasonable accommodation will be made to allow individuals with disabilities access to the communications regarding our services,programs or activities set forth on the Palm Beach County Property Appraiser's Office website. Please contact our public records custodian at 561.355.2881 or e- mail your request to pa-pubsvc@pbcgov.org. ©2019 Palm Beach County Property Appraiser. Designed and maintained by Palm Beach County, Information Systems Services. https://www.pbcgov.com/papa/Asps/PropertyDetail/Pro pe rty Detail.aspx?parcel=08434521 30002001 2&srchtype=map 4/4 6/21/2021 PAPA-Property Detail ADJUST FONT SIZE: + RESET Website Search Q D 0 R(0 D TH"'y'J A C K S CFA, AAS o s Palm Beach County Property Appraiser 91 © IM Tube O Real Property Search by Owner Name(Last Name first)or Address or PCN Search ,= Classic PAPA * MyPAPA Print This Page ® Save as PDF Print Property Summary 2020 Proposed Notice Property Detail Owner Information Sales Information Exemption Information Property Information Appraisals Assessed and Taxable Values Taxes Full Property Detail Property Detail Show Full Map ai, i, --------------------------- Location ----------------- .-Location Address NE 1ST ST Municipality BOYNTON BEACH1i Parcel Control Number 08-43-45-21-30-002-0011 Subdivision SHEPARD FUNK ADD TO TOWN OF BOYNTON IN Official Records Book/Page 28606/634 Sale Date SEP-2016 , y SHEPARD FUNK ADD N Legal Description 109.10 FT OF LTS 1 &2 BLK 2 h„ r �............................. Nearby Sales Search https://www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetail.aspx?parcel=08434521300020011&srchtype=map 1/4 6/21/2021 PAPA-Property Detail uwner inrormation Change of Address -------------------------------- Owner(s) Mailing Address FITZPATRICK BRIAN J& PO BOX 524 FITZPATRICK JACQUELINE S BOYNTON BEACH FL 33425 0524 Sales Information Sales Date Price OR Book/Page Sale Type Owner SEP-2016 $10 28606/ 00634 QUIT CLAIM FITZPATRICK BRIAN J & NOV-2002 $20,000 14392/ 00523"":,,, WARRANTY DEED FITZPATRICK BRIAN JAN-1985 $1,000 04448/ 01009 WARRANTY DEED MAR-1984 $100 04193/ 00377' .. QUIT CLAIM JAN-1972 $85,000 02139/ 01525 NOTE: Sales do not generally appear in the PAPA database until approximately 1 to 3 weeks after the closing date. If a recent sale does not show up in this list, please allow more time for the sale record to be processed. Exemption Information Portability Calculator ---------------------------------------- No Exemption Information Available. Property Information https://www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetail.aspx?parcel=08434521300020011&srchtype=map 2/4 6/21/2021 PAPA-Property Detail Subarea and Sq. Footage for Building 0 Structural Element for Building 0 Sketch for Building 0 Code Description Sq. Footage No Imege Found; No Data Found. Number of 0 View Building Details Units Tota Square 0 Feet* Acres 0.2909 Property Use Code 0000-VACANT Zoning R2-R2 DUPLEX,10 DU/AC(08- BOYNTON BEACH) May indicate living area in residential properties. R 11 eq11 u 11 e 11 st S 11 t 11 ru11 ct11 u 11 ra11 l D 11 etails C 11 ha11 ng11 e 11 11 11 Appraisals Show 5 year I Show 10 year Tax Year 2020 2019 2018 2017 2016 Improvement Value $0 $0 $0 $0 $0 Land Value $33,000 $23,100 $21,931 $15,125 $12,500 Total Market Value $33,000 $23,100 $21,931 $15,125 $12,500 All values are as of January 1 st each year Assessed and Taxable Values Show 5 year I Show 10 year Tax Year 2020 2019 2018 2017 2016 Assessed Value $18,302 $16,638 $15,125 $13,750 $12,500 Exemption Amount $0 $0 $0 $0 $0 Taxable Value $18,302 $16,638 $15,125 $13,750 $12,500 Taxes Show 5 year I Show 10 year Tax Year 2020 2019 2018 2017 2016 Ad Valorem $495 $406 $363 $303 $273 Non Ad Valorem $0 $0 $0 $0 $0 Total tax $495 $406 $363 $303 $273 https://www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetail.aspx?parcel=08434521300020011&srchtype=map 3/4 6/21/2021 PAPA-Property Detail .............................................................................................................................. *Buyers take note: Taxes will change and often increase y g Property Tax Calculator substantially when a property sells. The seller's exemption benefits ----------------------------------------I .a.a.a.a.a.a.a.a.a.a.a.a.a.a.a.a.a.a.a.a............................... will GO AWAY the year after they sell and this may result in higher Property Tax Detail taxes for a buyer. Please use the Property Tax Calculator to get a --------------- --` better annual tax estimate if you are purchasing this property. Tax Collector 0 HOM E CONTACT US ID RECORDS CUSTODIAN Disclaimer: The information contained herein is for ad valorem tax assessment purposes only. The Property Appraiser exercises strict auditing procedures to ensure validity of any transaction received and posted by this office, but cannot be responsible for errors or omissions in the information received from external sources. Due to the elapsed time between transactions in the marketplace, and the time that those transactions are received from the public and/or other jurisdictions, some transactions will not be reflected. Information collected at this site, including email addresses, becomes public record and may be subject to inspection and copy by the public unless prohibited by exception or exemption in the law. This site is designed to work best with the Internet Explorer 10 or higher and other proprietary browsers like Google Chrome, Mozilla Firefox and Safari. Please contact us if you need additional information or assistance with browser settings. ADA Access The Palm Beach County Property Appraiser's Office is committed to compliance with the Americans with Disabilities Act(ADA) and WCAG 2.0 and WCAG 2.1. It does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services,programs or activities. Upon request, reasonable accommodation will be made to allow individuals with disabilities access to the communications regarding our services,programs or activities set forth on the Palm Beach County Property Appraiser's Office website. Please contact our public records custodian at 561.355.2881 or e- mail your request to pa-pubsvc@pbcgov.org. ©2019 Palm Beach County Property Appraiser. Designed and maintained by Palm Beach County, Information Systems Services. https://www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetail.aspx?parcel=08434521300020011&srchtype=map 4/4 St � H ) e + + J a ii kds — (F2�� 4 w.s � i t`- -*��r - �� ei 9 m LLJ . , r ' 1 k ,T- ts_ 1 p W .€ � _ + �)., +++�}} (t �+ 1 ,+ ...,. .., ,..,,,, 5 ..,.:1 _.i.. � ,-. � o-lo-$, e. ,�,+, �,.:,�ti�l��tr,�{. +,F•=ek-�t „ t, -' flF*.�,ry�; �� ,»ttVr,;:: I'L Al - ,{,f6,., � +,. (tt ) "�I� '.F ,i€:- ,,,1' t.i "A Yu- '! ,1,,i, ,'++F)' e, ,_,`l`.4,,�,�s _h},t{"+I t �� +I�t`u�1 gq�tit t -•+f � �'�„ ��� �� N£hCr +1 s t i t , t t r � r„ I VP t� F '- stili {,i E�;tlii�� t t d told J S 4�(13, � ” S 3} +� �- 6/21/2021 PAPA-Property Detail ADJUST FONT SIZE: + RESET Website Search Q D 0 R(0 D TH"'y'J A C K S CFA, AAS o s Palm Beach County Property Appraiser 91 © IM Tube O Real Property Search by Owner Name(Last Name first)or Address or PCN Search ,= Classic PAPA * MyPAPA Print This Page ® Save as PDF Print Property Summary 2020 Proposed Notice Property Detail Owner Information Sales Information Exemption Information Property Information Appraisals Assessed and Taxable Values Taxes Full Property Detail Property Detail ...................................................... ................... Show Full Map Location Address 1017 N FEDERAL HWY Municipality BOYNTON BEACH Parcel Control Number 08-43-45-21-32-001-0010 Subdivision LAKE ADD TO BOYNTON Official Records Book/Page 13742/1376 Sale Date MAY-2002 tip= LAKE ADD TO BOYNTON Legal Description LTS 1 &2 (LESS E 17 FT N ; FEDERAL HWY R/W) BLK =1 � ................... Nearby Sales Search M1 https://www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetail.aspx?parcel=08434521320010010&srchtype=map 1/4 6/21/2021 PAPA-Property Detail uwner inrormation Change of Address -------------------------------- Owner(s) Mailing Address BARRERA LUCILA 3675 N FEDERAL HWY BARRERA MARIA L& DELRAY BEACH FL 33483 6332 Sales Information Sales Date Price OR Book/Page Sale Type Owner MAY-2002 $108,000 13742/ 01376 WARRANTY DEED BARRERA MARIA L & NOV-2001 $95,000 13117/ 00668 WARRANTY DEED KHATCHIKIAN GARABET APR-1996 $34,100 09208/ 01043 WARRANTY DEED JAN-1991 $80,000 06710/ 00300 WARRANTY DEED JAN-1986 $100 04767/ 00014 ' WARRANTY DEED SEP-1981 $210,000 03608/ 013025' WARRANTY DEED NOTE: Sales do not generally appear in the PAPA database until approximately 1 to 3 weeks after the closing date. If a recent sale does not show up in this list, please allow more time for the sale record to be processed. Exemption Information Portability Calculator ------------------------------------------ No Exemption Information Available. Property Information Tangible Account(s)M� I I https://www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetail.aspx?parcel=08434521320010010&srchtype=map 2/4 6/21/2021 PAPA-Property Detail Subarea and Sq. Footage for Building 1 Structural Element for Building 1 Sketch for Building 1 Code Description Sq. 1. Year Built 1959 Footage 2. FRANCHISE FOOD 364 FOOD FRANCHISE 364 28 Total Square Footage: 364 14 14 Number of r Units o View Building Details ---------------------------------------- Tota Square 364 Feet* Acres 0.2114 Property Use Code 2200-RESTAURANT, DRIVE IN C4-C4 GENERAL Zoning COMMERCIAL(08-BOYNTON BEACH) May indicate living area in residential properties. R 11 eq11 u 11 e 11 st S 11 t 11 ru11 ct11 u 11 ra11 l D 11 etails C 11 ha11 ng11 e 11 11 11 Appraisals Show 5 year I Show 10 year Tax Year 2020 2019 2018 2017 2016 Improvement Value $28,803 $28,303 $20,859 $21,226 $13,488 Land Value $175,689 $167,309 $162,429 $154,694 $141,568 Total Market Value $204,492 $195,612 $183,288 $175,920 $155,056 All values are as of January 1 st each year Assessed and Taxable Values Show 5 year I Show 10 year Tax Year 2020 2019 2018 2017 2016 Assessed Value $204,492 $195,612 $183,288 $170,562 $155,056 Exemption Amount $0 $0 $0 $0 $0 Taxable Value $204,492 $195,612 $183,288 $170,562 $155,056 Taxes Show 5 year I Show 10 year Tax Year 2020 2019 2018 2017 2016 Ad Valorem $4,376 $4,227 $3,860 $3,678 $3,385 Non Ad Valorem $478 $487 $487 $497 Total tax $4,854 $4,714 $4,347 $4,175 53,84 https://www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetail.aspx?parcel=08434521320010010&srchtype=map 3/4 6/21/2021 PAPA-Property Detail .............................................................................................................................. *Buyers take note: Taxes will change and often increase y g Property Tax Calculator substantially when a property sells. The seller's exemption benefits ----------------------------------------I .a.a.a.a.a.a.a.a.a.a.a.a.a.a.a.a.a.a.a.a............................... will GO AWAY the year after they sell and this may result in higher Property Tax Detail taxes for a buyer. Please use the Property Tax Calculator to get a --------------- --` better annual tax estimate if you are purchasing this property. Tax Collector 0 HOM E CONTACT US ID RECORDS CUSTODIAN Disclaimer: The information contained herein is for ad valorem tax assessment purposes only. The Property Appraiser exercises strict auditing procedures to ensure validity of any transaction received and posted by this office, but cannot be responsible for errors or omissions in the information received from external sources. Due to the elapsed time between transactions in the marketplace, and the time that those transactions are received from the public and/or other jurisdictions, some transactions will not be reflected. Information collected at this site, including email addresses, becomes public record and may be subject to inspection and copy by the public unless prohibited by exception or exemption in the law. This site is designed to work best with the Internet Explorer 10 or higher and other proprietary browsers like Google Chrome, Mozilla Firefox and Safari. Please contact us if you need additional information or assistance with browser settings. ADA Access The Palm Beach County Property Appraiser's Office is committed to compliance with the Americans with Disabilities Act(ADA) and WCAG 2.0 and WCAG 2.1. It does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services,programs or activities. Upon request, reasonable accommodation will be made to allow individuals with disabilities access to the communications regarding our services,programs or activities set forth on the Palm Beach County Property Appraiser's Office website. Please contact our public records custodian at 561.355.2881 or e- mail your request to pa-pubsvc@pbcgov.org. ©2019 Palm Beach County Property Appraiser. Designed and maintained by Palm Beach County, Information Systems Services. https://www.pbcgov.com/papa/Asps/PropertyDetail/Pro pertyDetail.aspx?parcel=08434521320010010&srchtype=map 4/4 6/21/2021 PAPA-Property Detail ADJUST FONT SIZE: + RESET Website Search Q D 0 R(0 D TH"'y'J A C K S CFA, AAS o s Palm Beach County Property Appraiser 91 © IM Tube O Real Property Search by Owner Name(Last Name first)or Address or PCN Search ,= Classic PAPA * MyPAPA Print This Page ® Save as PDF Print Property Summary 2020 Proposed Notice Property Detail Owner Information Sales Information Exemption Information Property Information Appraisals Assessed and Taxable Values Taxes Full Property Detail Property Detail Show Full Map } -------------------- Location Address 1022 N FEDERAL HWY Municipality BOYNTON BEACH Parcel Control Number 08-43-45-21-32-003-0200 Subdivision LAKE ADD TO BOYNTON Official Records Book/Page 14453/321 Sale Date NOV-2002 LAKE ADD TO BOYNTON LTS 20 THRU 22 (LESS Legal Description WLY 17 FT FEDERAL HWY ` R/W)&20 FT ABND ALLEY LYG E OF&ADJ TO BLK 3 Nearby h_. _Sales_Search ____________ __________ ___________- https://www.pbcgov.com/PAPA/Asps/PropertyDetaiI/PropertyDetai1.aspx?parcel=08434521320030200 1/4 6/21/2021 PAPA-Property Detail Owner Information ............................................... Chane of Address L----------------------------------- Owner(s) Mailing Address YELLOWBEARD INC 707 SW 28TH RD MIAMI FL 33129 2525 Sales Information Sales Date Price OR Book/Page Sale Type Owner NOV-2002 $200,000 14453/ 00321 WARRANTY DEED YELLOWBEARD INC JUN-1996 $72,500 09309/ 00376 WARRANTY DEED APR-1984 $250,000 04217/ 00534 REP DEED MAR-1982 $253,000 03703/ 01308 WARRANTY DEED JAN-1971 $85,000 01908/ 01595 NOTE: Sales do not generally appear in the PAPA database until approximately 1 to 3 weeks after the closing date. If a recent sale does not show up in this list, please allow more time for the sale record to be processed. Exemption Information ['11 P 11 o 11 rt11 a 11 b 11 ility C 11 a 11 l 11 cul11 a 11 tor No Exemption Information Available. Property Information Tangible Accounts) ------------------------------------- I ------------------------------n https://www.pbcgov.com/PAPA/Asps/PropertyDetaiI/PropertyDetai1.aspx?parcel=08434521320030200 2/4 6/21/2021 PAPA-Property Detail Subarea and Sq. Footage for Building 1 Structural Element for Building 1 Sketch for Building 1 Code Description Sq. 1. Year Built 1938 Footage 2 RETAIL SINGLE 2049 RETAIL STORE 1116 OCCUP 20 s SUPPORT 258 RETAIL STORE 300 01W 4 25 A3 (3F5} MULTI OFFICE 375 g is Total Square Footage: 2049I_ v' 25 Number of r Units o View Building Details Tota Square 2049 Feet* Acres 0.3805 Property Use Code 1100-STORES C4-C4 GENERAL Zoning COMMERCIAL(08-BOYNTON BEACH) May indicate living area in residential properties. Request Structural Details Change Appraisals Show 5 year I Show 10 year Tax Year 2020 2019 2018 2017 2016 Improvement Value $59,211 $66,128 $69,103 $69,494 $64,231 Land Value $286,582 $272,990 $265,034 $252,437 $240,338 Total Market Value $345,793 $339,118 $334,137 $321,931 $304,569 All values are as of January 1 st each year Assessed and Taxable Values Show 5 year I Show 10 year Tax Year 2020 2019 2018 2017 2016 Assessed Value $345,793 $339,118 $334,137 $321,931 $304,569 Exemption Amount $0 $0 $0 $0 $0 Taxable Value $345,793 $339,118 $334,137 $321,931 $304,569 Taxes https://www.pbcgov.com/PAPA/Asps/PropertyDetaiI/PropertyDetai1.aspx?parcel=08434521320030200 3/4 6/21/2021 PAPA-Property Detail Show 5 year I Show 10 year Tax Year 2020 2019 2018 2017 2016 Ad Valorem $7,399 $7,328 $7,038 $6,874 $6,649 Non Ad Valorem $2,688 $2,742 $2,742 $2,797 $2,598 Total tax $10,087 $10,070 $9,780 $9,671 $9,247 .......................................................................................................................................... *Buyers take note: Taxes will change and often increase Property Tax Calculator substantially when a property sells. The seller's exemption benefits ,m;m;m;m;,m;m;m;m;,m;m;m;m;,m;m;m;m;,m;m;m;m;,m;m;m;m;,m °' will GO AWAY the year a er they sell this may result in higher �Property Tax Detail ................. ....... taxes for a buyer. Please use the Property Tax Calculator to get a ..-..--- ---. better annual tax estimate if you are purchasing this property. Tax Collector HOM E CONTACT US ID RECORDS CUSTODIAN Disclaimer: The information contained herein is for ad valorem tax assessment purposes only. The Property Appraiser exercises strict auditing procedures to ensure validity of any transaction received and posted by this office, but cannot be responsible for errors or omissions in the information received from external sources. Due to the elapsed time between transactions in the marketplace, and the time that those transactions are received from the public and/or other jurisdictions, some transactions will not be reflected. 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Please contact our public records custodian at 561.355.2881 or e- mail your request to pa-pubsvc@p6cgov.org. ©2019 Palm Beach County Property Appraiser. Designed and maintained by Palm Beach County, Information Systems Services. https://www.pbcgov.com/PAPA/Asps/PropertyDetaiI/PropertyDetai1.aspx?parcel=08434521320030200 4/4 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: July 13, 2021 CONSENT AGENDA AGENDAITEM: 12.A. SUBJECT: CRA Financial Report Period Ending June 30, 2021 SUMMARY: CRA Financial Services staff is providing the CRA Board with the monthly financial and budget reports for the period ending June 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 June 30, 2021. ATTACHMENTS: Description D Attachment I - Monthly Financial Report for Period Ending June 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-June 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 1,121,857 1,121,857 Contributions and donations - - - - Interest and other income 113,072 70,243 1,629 184,944 Total revenues 16,163,093 70,243 1,629 16,234,965 EXPENDITURES General government 2,525,610 - - 2,525,610 Redevelopment projects - 6,971,870 6,971,870 Debt service: - Principal - - - Interest and other charges - - 163,453 163,453 Total expenditures 2,525,610 6,971,870 163,453 9,660,933 Excess(deficiency)of revenues over expenditures 13,637,483 (6,901,627) (161,823) 6,574,032 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 1,568,361 3,029,673 1,975,999 6,574,032 Fund balances-beginning of year 3,182,928 11,040,801 116,097 14,339,826 Fund balances-end of year 4,751,289 14,070,474 2,092,096 20,913,858 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 - June 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 1,121,857 Interest and other income - - 113,072 Other financing sources(uses) 100,000 545,561 - Total revenues 15,952,192 16,397,753 16,163,093 EXPENDITURES General government 3,883,070 3,883,070 2,525,610 Total expenditures 3,883,070 3,883,070 2,525,610 Excess of revenues over expenditures 12,069,122 12,514,683 13,637,483 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 $ - $ - 1,568,361 Fund balances-beginning of year 3,182,928 Fund balances-end of year 4,751,289 The notes to the basic financial statements are an integral part of this statement. 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 V7 L0 N ti Ln O N O O O O O m Moo O � Mc �o O �o �o r` a Mm Ln N ti O O n Mc Ln M0 .� Ln m O ac 0 0 0 0 v Ln r` O N ac �o a ti a r` a Ln co O �o a co O r` r` O -Zi- co ti O O O 7 O O O O O rl W o6 O O 7 4 M to N m r` N m to -i O o6 to O r` to Lf1 o6 o6 0 E N N O r` M O W Ln M 7 r` N W m oo oo Ln oo r` M N M W m oo r` to ill A+ M Y/ Eo� O wO O O to m oo to to O Ln Ln O O oo M c-I r` to O 7c oo N r` O to O oo O N Ln O oo O O M O l0 LQ -! 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O O O O O N \ 09 N /' � O N m .� O E E a N N N w Ln N N T O c m m o a N C M a 00 N m m m m E oc oc m n �o a vi N O m o LL y r N c tD ci to no v m m ma u m tNo tNo R Q Nr N oo N m m �o m o N Ln n f1 O m L/1 6 N M N tD W O a a o m r, m N oo a ti N u N N n 4l1 'jjm is m oo m c °° u O� moo vat of r, �o m oo oo N o T r, m oc IR Lroo Ln O to oo m Lrr C N M N d m O O O o 09 O O O O -p O O O o 3 m f6 u H LL Ln O O V1 u n n O O N N O O 7 n N oo 7w E M M T 3 in a u C W f6 0 0 F t O G d 00 Z Z D U_ W W n w Q u W W W n W Q CO W � W CL C LL O O O O w d �- 1= w b 0 > tV m N N 0 h 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: July 13, 2021 CONSENT AGENDA AGENDAITEM: 12.13. SUBJECT: Approval of CRA Board Meeting Minutes -June 8, 2021 SUMMARY: See attached minutes. CRA BOARD OPTIONS: Approve the June 8, 2021 CRA Board Meeting Minutes ATTACHMENTS: Description D June 8, 2021 CRA Board Meeting Minutes Minutes of the Community Redevelopment Agency Board Meeting Held on Tuesday, June 8, 2021, at 5:30 p.m. Online Via GoToWebinar Meeting and In-Person in the City Hall Commission Chambers 100 E. Ocean Avenue, Boynton Beach, Florida Present: Steven B. Grant, Chair Mike Simon, Executive Director Woodrow Hay, Vice Chair Thuy Shutt, Assistant Director Justin Katz, Board Member Attorney Duhy, Board Counsel Christina Romelus, Board Member Ty Penserga, Board Member 1.Call to Order Chair Grant called meeting to order at 5:31 p.m. Alan Karjalainen, ITS, read a statement explaining how the meeting would proceed and how the public could participate. 2. Invocation The Invocation was given by Vice Chair Hay. 3. Roll Call A quorum was present. 4. Agenda Approval A. Additions, Deletions, Corrections to the Agenda Chair Grant announced a Letter of Intent (LOI) was received from Hyperion (Robert Vecsler) and he wanted to hear the item before the Request for Proposal/Request for Qualifications (RFP/RFQ) for 115 N. Federal. After discussion, there was agreement this item would be heard before the beginning of Old Business. B. Adoption of Agenda Motion Board Member Romelus moved to approve. Vice Chair Hay seconded the motion. The motion passed unanimously. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 8, 2021 5. Legal None, 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 spoke to Anthony Barber regarding the Magnusen House and to Davis Camalier and his team regarding 114 and 115 N. Federal Highway. Board Member Romelus spoke to Hyperion Group and Mr. Camalier Board Member Penserga spoke to the same as well as Kim Kelly and Attorney Bonnie Miskel, Board Member Romelus spoke to Hyperion, Attorney Miskel, and Mr. Camalier. Vice Chair Hay spoke to Mr. Camalier regarding 114 and 115 N. Federal Highway. Chair Grant spoke to all of the above, and Attorney Miskel and Brian Fitzpatrick. 7. Announcements and Awards 8. Information Only 9. Public Comments None. 10. CRA Advisory Board Mr. Simon reviewed the items below. A. CRA Advisory Board Meeting Minutes - May 6, 2021 B. Pending Assignments C. Reports on Pending Assignments 1. Review of Commercial Properties within the CRA Area The CRA Advisory Board reviewed the four properties at their last meeting and provided the Board with their recommendations. Per the agenda item, the property at 417 NW 6th 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 8, 2021 Avenue and 609 N. Railroad Avenue did not fit the CRA's mission. The properties at 3377 and 3351 N. Federal Highway were worth pursuing for land banking. Chair Grant thanked the Advisory Board and commented the recommended land to pursue is not in the City of Boynton Beach. It was land that could hopefully be annexed in the future as was done with the Seaborne Cove Development because it is in the CRA District. Board Member Penserga would like the information on the property, which Mr. Simon offered to provide. Chair Grant requested an appraisal be provided as they may be able to make an offer. Board Member Katz noted the properties shape and location and was unsure what type of development would be. He was curious about the anticipated use other than cleaning up the property and selling it. Mr. Simon explained when he gets the appraisal and they meet with City staff, they could discuss potential uses, the current condition of the property and how they fit the CRA's plan and mission. Chair Grant pointed out the CRA received a lot of interest in smaller commercial properties. Chair Grant requested a motion to review the properties after staff got more information Motion Board Member Penserga so moved. Vice Chair Hay seconded the motion. The motion passed unanimously. 11. Consent Agenda A. CRA Financial Report Period Ending May 31, 2021 B. Approval of CRA Board Meeting Minutes - May 11, 2021 C. Approval of Increase in the Commercial Property Improvement Grant Funding in the Amount of$11,500 for S. Solloway Acupuncture, P.A. Located in Colonial Center at 1200 S. Federal Highway, Unit 202 D. Approval of Commercial Rent Reimbursement Grant Program in the Amount of $6,900 for Shade Tree Music Studio LLC located at 410 W. Industrial Avenue, Unit 1 E. Approval of Commercial Rent Reimbursement Grant Program in the Amount of $15,450 to Go French Concept LLC d/b/a Le Petit Pains located at 410 E. Boynton Beach Boulevard, Units A & B F. Approval of Commercial Rent Reimbursement Grant Program in the Amount 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 8, 2021 of $6,150 to Art-Sea Living, Inc. located at 412 E. Ocean Avenue, Unit 1 Motion Vice Chair Hay moved to approve the Consent Agenda. Board Member Penserga seconded the motion. The motion passed unanimously. 12. Pulled Consent Agenda Items None. 13. CRA Projects in Progress A. Cottage District Infill Housing Redevelopment Project Update of Discussion and Contract Negotiations with Azur Equities, LLC Mr. Simon explained this was an update, and staff would like to continue to bring the Board updates until such time as Azure Equities and staff present a Purchase and Development Agreement with a revised site plan. After the Board selected Azure Equities for the Cottage District Single-Family Infill Housing project, there has been much positive movement occurring . The project is a single-family homeownership/ workforce housing development, targeting between 38 and 39 homes on the site plan. The negotiations are going well. Azure has a Purchase and Development Agreement in hand and he hoped to bring it forward at the July meeting with comments and presentation of items that may need to be negotiated by the Board. B. Neighborhood Officer Program 2nd Quarter Report for FY 2020-2021 Mr. Simon presented the report. Board Member Penserga noted the data is presented as a list of crimes. He requested the next time the information was given, they provide comparable data and a baseline. Captain Diehl, Boynton Beach Neighborhood Officer Program, agreed to forward the information. He also advised there were a lot of events planned for the summer within the CRA. Outside of the CRA they have the Swim with a Cop on the 26th at Denson Pool. They finished up with the Gun Buy-Back resulting in 127 guns being bought back. Some people were turned away and they are planning ask the City Commission for funds to hold a similar event tentatively in November. Other events were Rock the Block with CRA staff, then the June 19th event at Sara Sims, Captain Diehl advised they are just getting started with events for the summer and they will do what they can to facilitate summer camp. The schools are shut down to them according to the school superintendent so they are shut out there, but he hoped things would move forward better in the future. 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 8, 2021 C. CRA Economic & Business Development Grant Program Update Bonnie Nicklien, Grants and Project Manager, explained after tonight's agenda, the program will have a balance $91,912. A list of Business Tax Receipts for new business in the CRA District issued in May was included in the meeting materials. She has five businesses in the queue and more calling quite frequently. D. Marketing, Business Promotions, and Social Media Update Rene Roberts, Social Media and Communications Specialist, gave a presentation which reviewed social media business posts, social media project posts and print ads as contained in the meeting materials. Mercedes Coppin, Business Promotions and Events Manager, announced on Saturday June 12th, from 5 to 9 P.M., the CRA is hosting the Rock the Block in Downtown Boynton Beach in Dewey Park between NE 3rd and Federal Highway. Free parking is on NE 4th Street between Boynton Beach Boulevard and E Ocean Avenue and the City Hall parking lots. There are family-friendly activities, free music by The Flyers and Boynton Beach Bucks opportunities. Participants can take a short survey redeemable at participating restaurants during the event. In addition to downtown businesses, there are four additional CRA businesses that will be exhibitors onsite, which she listed. Rock the Marina and Lion Fish Derby will take place on June 26th from 2 to 5 p.m. at the Marina. Free parking is available on the NE corner of E Ocean Avenue and Federal Highway and paid parking in the Marina Village garage. The event will feature live music and patrons are encouraged to visit local eateries as there will be no outside food vendors on site, although Two Georges will have a tent to the rear of the business to sell food and beverages. Ms. Coppin advised registrations are still being accepted for the Lion Fish Derby. All certified divers are invited to register. The cost is $75 and includes breakfast at the Marina Cafe and a two-tank dive on a participating charter. Those interested in participating should contact the Boynton Dive Center to register. 14. Public Hearing None. Letter of Intent from Hyperion. Attorney Bonnie Miskel, representing Hyperion was present with Mr. Robert Vecsler. She requested the Board consider Hyperion's LOI and pause the RFP/RFQ to allow them to meet with staff, show them Hyperion's financials and within 30 days come back with a progress report and within 60 days, come back with a site plan. She explained Hyperion is the buyer of Mr. Camalier's property. They are under contract and they intend to buy and develop the site. Mr. Camalier also owns property on the west side of Federal Highway and they have a significant plan to unify the east and west side, and with the CRA's property, Mr. Camalier's property and the property to the east, the 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 8, 2021 project would be particularly spectacular for the downtown. Mr. Vecsler was present to speak about the company if the Board had questions. Attorney Miskel explained they would operate on an expedited plan. Chair Grant inquired if the Board accepted the LOI, if they could issue a notice so they could make a ruling by the August meeting and learned they could. Attorney Duhy explained the Notice to Dispose has to be published. The CRA does not have to say when it will be brought back. It is only published for 30 days as required, by the Statute. Chair Grant wanted to work with adjacent property owners and noted Mr. Camalier is the adjacent property owner. He thought having adjacent property owners buy-in makes things go faster and further thought the LOI of just having multi-family, with retail on the first floor did not necessarily encompass the survey results, but this proposal did. The Board has been able to discuss what they want. He wanted to hear from Hyperion and other developers about what they want to do because a LOI process is faster than the RFP process. He wants to see what they could do via a LOI versus the RFP. Vice Chair Hay supported going forward with the LOI. A big concern of his was finance. and he wanted to ensure the developer could handle what they were saying they could. The other issue was those two properties being developed concurrently. He could see great things putting Boynton Beach on the map. He did not think another 60 days would make a difference, because whatever they do will last a long time and they want to make the best decision they could with what they know at this time. Board Member Katz met with the group, but had personal ethical concerns going through months and months of a process for the property and then delaying it. He thought they were abandoning it and turning away opportunities from other qualified outfits that could make a proposal. He has no issue with an extended time frame if they made a deal with Mr. Camalier, but if delaying it to engage one project, they may as well award it and tell other developers to go away. Some provisions they included in the RFP included the use of local labor, not subcontracting work out, and ensuring an apprenticeship program in Boynton Beach was used. He worried if they control the process through an RFP and then enter into a sole negotiation without any preconceived conditions. If he could give all what they want, it would be to issue an RFP with extended 60 to 90-day response time so due diligence of extra work needed to catch up with other developers is afforded. Board Member Penserga felt this intersection needs something phenomenal and this needs to be a destination. To make that happen, they cannot have more of the same product and another traditional cube. He supports a mega project on both side of the street. He commented they have been through the process with the Cottage District and they delayed it and delayed it and some applicants backed out. It is a balancing act to get the best possible deal with best product without sending a message to the development community that there is any type of favoritism. What makes this group different is they have an exclusive agreement with the property owner across the street, 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 8, 2021 which lets them develop a mega project on both sides of the road. He only just met the developer and is open and interested in learning about them. He agreed financing is a big deal, and he would need to be convinced the project and vision is realistic. He is open to at least a 30-day extension, but he needs to see proof of financing, a cost breakdown, if it includes an apprenticeship programs, what the timeline and what the ask to the CRA and what are they offering for 115 N Federal Highway was. If they can come back and blow the Board out of the park, he would be interested. He favored an extension for the information he requested to be provided, which was a plan and proof of financing and should it not occur, he will move forward with the RFP. Board Member Romelus agreed with Board Member Katz. This is a project they are invested in. They were nit-picking the language in the RFP and what it would do. She thought it was time to let the RFP take its course and allow individuals to come before the Board. She has no issue with this developer bidding and thought due to the level of interest he has with the adjoining property owner, he will have a preference in the RFP due to the controlling factors he has. For the process to be fair, the RFP process would be better to show what the market has to offer and dictate how they move forward. She wanted to ensure they conduct due diligence. They have been burned in the past thinking a developer will deliver, and the bottom falls out. She preferred an RFP and if the developer is interested in the RFP, he could bid on it. Chair Grant noted the comment made by Board Member Katz it was unethical to accept the LOI. Board Member Katz stated it was only his opinion. Chair Grant opened the floor to the public. Kim Kelly, Owner, Hurricane Alley, explained they never had a developer come to them with a proposal for both properties and thought 30 days more to explore the proposal was a small price to pay. She appreciated all that everyone has done and thought the Downtown could be a major destination. Board Member Katz asked if the sale agreement of the property east of Federal Highway was contingent on also being selected for the property the CRA owns west of Federal. Mr. Vecsler, Principal and Chief Executive Officer, Hyperion, explained it was not. They have a purchase agreement. He advised he was sensitive to the questions. They are happy in the future to provide whatever comfort level they could, from a project execution and financial standpoint, the Board needed. The sale was not contingent. They have a contract on the east site and will close on the site. Attorney Duhy reviewed the Board received a LOI. The Board can accept it or direct staff to go back and give further direction to bring back more information to decide if they want to accept it at the next meeting. If choosing that option, she would not recommend publishing a Notice because they would get other potential LOI's. If unsure the Board wants to accept the LOI, the Board should wait until they decide if they do and then publish the Notice which will trigger other interested parties to submit their 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 8, 2021 LOI's. If this did not work and the Board wanted to issue the RFP, the instructions would keep the transaction clean. Board Member Katz thought the LOI is to purchase the property and not engage with the partnership. He queried, by accepting the LOI, the issue was not about negotiating parameters around the development, it included the sale of the property. Attorney Duhy explained if the Board decided to take the next step and accept it, there would still be negotiation of a Purchase and Development Agreement that would require negotiating the terms as dictated by the Board in-line with what was proposed. Accepting the LOI does not require them to dispose of the project and agree to the purchase and development if they cannot reach agreement on the contract. Board Member Katz understood the purpose of the LOI was to acquire the 115 property and then move forward. Bonnie Miskel explained during the next 30 days, after meeting with the staff, they will make a presentation, but they would like to acquire the property and combine it with the site next to it and develop in a uniform manner. Board Member Katz summarized the goal is to present a plan the Board would accept and move forward without going to RFP, which is his biggest fear. The plan could be amazing, but they would have nothing to compare it to because they would never see any other plans. It was a concern to him. Board Member Romelus agreed. She wanted Mr. Simon to reiterate to the Board, the time frame if they keep pushing out the RFP. Mr. Simon recalled their discussion about Item 16 B, which has not yet been heard, would provide a timeframe under the RFP a release date of June 18 and allow 90 days for respondents to submit proposals by September 21St. This would give the CRA and City staff time to provide input and bring it before the CRA Advisory Board at the November 4th meeting and to the Board at the November 9th meeting for presentations by each respondent. At the meeting, the Board could ask questions and decide how to proceed. The issue could go into December, the Board could narrow responses down, then create a short list, but the time would push it out. Right now, they will have a Purchase and Development agreement by the February meeting. Any other push would extend it out before the release of an RFP. Chair Grant thought they have 209 N. Federal Highway, there is no other developer who would get a better project without that property and he thought the property was essential for the development. He can wait for the future, noted with the Cottage District, the first and second developer backed out and the Board still does not have a Purchase and Development Agreement with the third developer. That could wait until the next Commission. He noted when the CRA had the option to buy Family Dollar for $1.3M, they waited and that opportunity was taken away and now they could have had 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 8, 2021 a huge project with the MLK Jr. Corridor. Now, it will be a Dollar General, which would not economically add to the community. The CRA does not want two multi-family developments next to each other and they want the option for condos. He thought it would be wise to delay because he did not think they would get a better offer than one developer, developing both parcels which is seven or eight acres, because the CRA only has a little over two acres. He thought the Board should go forward, accept the LOI, issue the Notice, get an update in July and make a decision in August. If the Board does not decide in August, they can issue an RFP and pick the top developer, but the current Board Members will not be able to finalize the agreement, which is also fair. Chair Grant favored accepting the LOI, receiving an update in July and deciding in August. Stafford Shealy, 640 E. Ocean Avenue, commented his friend, Tony Morrow, told him this developer has a fantastic reputation, and if they do not move on this, they may not get a solid developer again. Mr. Shealy, a structural engineer, commented this group has what it takes right now. People will continue to move to Boynton. He thought things may look a lot different in February, and maybe now is the time to put hard capital into real estate. Vice Chair Hay agreed with Chair Grant. He had spoken to them if they could cover each item on the Board's list and they are still willing to work with them. He pointed out, if they issue an RFP, they have to adhere to the cone of silence and they cannot discuss it. Now is the time to move. There are dynamic projects that he has seen, that they would be glad to have in Boynton Beach and he has been waiting for something to happen on the east side of the City. They have an opportunity with a developer to move forward. He has done his research and he supported moving forward. Board Member Penserga advised he would support an extension because what made this developer unique is they have an exclusive agreement with the property owner. He understood, if they accept the LOI and there is a Notice, other developers could come in, but this developer is the only one with the agreement with the property owner. Chair Grant thought the reason they should accept the LOI was so staff could move forward with discussion. Discussion followed about directing staff to come back with further information in 30 days. Attorney Duhy explained the Board can accept the LOI and direct staff to publish Notice. After 30 days, it is likely the Board will receive other LOI's to be heard in July. The Board can also direct staff to sit down with the submitter of the letter over the next 30 days, have them bring back the Board's recommendations and a presentation with more details, and then at the July or whatever meeting the Board decides on, decide whether or not to accept the LOI and publish the Notice. The Board does not have to accept the LOI tonight. 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 8, 2021 Chair Grant commented if the Board does not issue the LOI tonight, they cannot hear it until September. Attorney Dully clarified, the Board can hear more information to see if the LOI is something the Board wants to accept in July. If the Board directs staff to issue a NOI, staff would have to publish the Notice of Intent which will expire after the August date so the soonest the Purchase and Development Agreement could be brought back would be September. Mr. Simon pointed out it would be highly unlikely a Purchase and Development agreement would be brought forward in any form that quickly. The Board would need the August meeting for any realistic amount of information for a presentation by September. The Board is giving people 90 days for a much smaller project. He did not think it could be accomplished that quickly. He was more comfortable with staff bringing the results of the information to the August meeting. Board Member Katz commented no matter what is presented, it could be 12 months before a deal is negotiated, even if they decided who they wanted to work with tonight. He did not agree that not issuing an RFP would speed up the process. He would not be comfortable if they paused the RFP, had a 60 or 90-day discussion, and then decided to see what the RFP would yield, and it coming in after they leave office. He would refuse to issue an RFP because he would not want to craft an RFP to produce responses based on his preferences, and hand them off to the new Board. Attorney Miskel took notes and commented Board Member Penserga mentioned he had seven items he wanted to see responses too. She offered to get with staff in two to four weeks, give a progress report and respond to all sent items. Then in 30 days, the Board could choose to consider the LOI or not, but she thought they could provide enough information on the key points that will make it easier to decide whether to proceed or not. Motion Board Member Penserga moved to direct staff to begin discussion with Mr. Camalier and Hyperion to bring back to the next meeting the seven items discussed. Mr. Simon requested not to hamstring the staff and to give them the freedom to bring back enough information for the Board to decide on, including those seven items. Board Member Katz reiterated his prior concerns. Board Member Penserga explained the difference is this group has an exclusive agreement with that property owner. If they move forward with an RFP today, it is only for 115 and not both properties. This group and has an exclusive agreement. Board Member Romelus opined the Board was hamstringing themselves as there is a still a possibility for all to get what they want and it was to the developer's benefit as well to work with the Board as they can still maintain control over the property at 115 N. Federal Highway. She thought they were giving the cart away moving forward in this 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 8, 2021 manner. She saw the presentation and was not impressed. It did not put into play anything the Board said in their RFP. She thought the developer could have done a better job in their presentation. She deferred to staff to do their job and ensure the Board does not end up in a situation as they have with the Town Square and other entities, where they have lots of promises and wind up with nothing. Board Member Katz noted there was lots of reference regarding a sale agreement between the two parties. He asked if they would share the agreement between the two parties so the Board would be privy to it. Attorney Miskel explained it is a private contract and they do not want it to be a public record, but they can have one-on-one with staff and non-disclosure language. Vice Chair Hay asked if the acquisition of other properties on Boynton Beach Boulevard and Federal Highway was a consideration. Mr. Vecsler responded the goal was to complete both blocks to be part of a cohesive master plan and work with whatever local business owners there are, being sensitive with a goal of keeping a lot of them in the development. Chair Grant requested a motion to approve Option 2. Motion Vice Chair Hay so moved. Board Member Penserga seconded the motion. The motion passed 3-2, (Board Members Katz and Romelus dissenting.) 15. Old Business A. 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 Mr. Simon presented the item. At the last meeting, the Board negotiated terms to be added to the previous contract that involved insurance and the lease providing three months of free rent at the beginning of that term. Tim Collins, C Life C Food, announced he received the revised lease back 48 hours before the deadline and explained the parking lot was an issue and was very expensive, but he has been in touch with the State. Since the building was being demolished, they have a new design for parking at a fraction of the cost. Once the building is torn down, they can extend the parking forward with a pitch for drainage. He commented the original LOI requested grants for renovations and such, which were put aside as the Board did not want to invest grant money in a building that would eventually be torn down. He advised he still does not have approval for the new proposed parking situation, but he wanted to move forward with the lease. Chair Grant suggested when getting more information from the City, they contact the Board members individually, so if they have questions, they can discuss them and hopefully at the July meeting, get the 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 8, 2021 lease up and running. Chair Grant as how far away the CRA was from demolition of one of the buildings. Theresa Utterback, Development Services Manager, explained they are in permit for demolition, and she did not know the status. Chair Grant hoped to get all the answers at the July meeting because the CRA is going to have to do something to help with the parking lot. There was one small revision on the parking plan which will negate the need for a parking space on 3rd. Mr. Simon asked if all were on the same page with the terms discussed at the last meeting, which was the fourth month of the first year, rent would be due as months one through three were free, the Board reduced the annual percent increase from 5% to 2%, and the prorated real and property taxes due as part of the rent would not exceed $500 for the first year, and after that, years two through 10 the lease would move to a full triple net lease with the tenant responsible for all the pro- rated real and personal property taxes and insurance due on the property. Staff discussed insurance requirements from the CRA's perspective and the estimate they have for them was $2K a year passed through to the tenants, and not including his required insurance as a tenant for the items inside the building for liability. Mr. Collins noted there are three lots and they are demolishing a building and parking. He asked if it incorporated all three lots into one lot and learned it would not, just the one building and the parking lot next door. Whatever square footage Mr. Collins uses, he would pay taxes on. B. Discussion and Consideration of a Draft RFP/RFQ for the CRA Project Located at 115 N. Federal Highway Motion Vice Chair Hay moved to table. Board Member Penserga seconded the motion. The motion passed 3-2, (Board Members Katz and Romelus dissenting.) C. Consideration of Approval of System Audit Reports and Payments Release to Seabourn Cove Holdings LLC for the Properties known as Seabourn Cove - Phase I & Phase II Jobara Jenkins, Accounting and Finance Manager, reviewed on May 16, 2021, the CRA received the above request and verification. The system audit is in compliance with the agreement. The increment revenue calculation worksheets are attached. The amount of the reimbursement for Phase I is $425,009 for year eight of 10, and $173,955 for year seven of 10 consecutive payments. Staff recommends acceptance of the system audit reports and payments as listed for above Phases I and II.. Motion Board Member Romelus moved to approve. Board Member Penserga seconded the motion. The motion passed unanimously. 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 8, 2021 D. Discussion and Consideration of an Interlocal Agreement between the City and CRA for the CRA District Streetscape/Lighting Improvements Ms. Shutt reviewed the item as contained in the meeting materials. Motion Board Member Katz moved to approve. Board Member Romelus seconded the motion. The motion passed unanimously. E. Palm Beach County Housing Authority Project Update Mr. Simon reviewed this item regarding vacant lots in Cherry Hill and behind Poinciana Elementary School. Since the October meeting, the City assisted the Palm Beach County Housing Authority with submittal of their disposition application to HUD which will allow them to dispose of the property. The Housing Authority and the CRA have both conducted appraisals of the properties. On May 11th, CRA staff has been in touch with the Palm Beach County Housing Authority. The disposal seems to be going through some type of an auction for disposal. Staff does not know when it would occur such as through a computer system, be similar to the tax deed sales, or if done in a room with an auctioneer. Staff wanted to be prepared if an auction occurs between now and the next meeting, as he would need approval to enter the auction for those properties with the approved $500K limit for the property. Motion Board Member Katz moved to approve. Vice Chair Hay seconded the motion. Board Member Katz praised Chair Grant as did the rest of the Board. Chair Grant noted tax deed auctions are going into a new system. The motion passed unanimously. Staff is prepared for the new auction system. 16. New Business A. Discussion and Consideration of a Purchase and Sale Agreement for 133 NE 4th Avenue Mr. Simon reviewed the item. He noted they had been unable to acquire the property but Theresa Utterback made the right connection and they reached a very fair agreement. The property is an owner-occupied home and they will have a post occupancy agreement. Staff is requesting $312K. The closing costs would come from the Cottage District line item and they will request it be replenished with the new budget. Motion 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 8, 2021 Board Member Romelus moved to approve. Vice Chair Hay seconded the motion. The motion passed unanimously. Board Member Romelus asked if staff considered a counter offer for the property. Mr. Simon explained they did, but the Board voted to stay at the $275K. Regarding the 115 N 4t" Avenue, a counter offer was made and the Board wanted the cap to be $275K. Buying the property would add two additional units. The park is inside the project, but there are two or three homes to the west of Ms. McIntosh and an entrance road to the east of the homes. The price offering is above appraised value, but within a reasonable and previously approved amount. They are fair prices. This property is 2,500 square foot bigger and the house is about 300 square feet larger. B. Discussion and Consideration of a Letter of Intent from the Barber Family Companies LLC for CRA-Owned Property Located at 211 E. Ocean Avenue Chair Grant did not want to accept the Letter of Intent because of all the requests for outdoor kitchens next to residences. He would rather have a barbeque-themed event in the CRA District to help promote the restaurants. Mr. Simon explained they would bring plans to the Board during the budget in July. Board Member Katz thought they should direct staff to reach out and advised he supports looking into this because the applicant has a good track record, but they have to think of what to do with the building. He wanted to explore it noting the building would not be demolished and it is too expensive to move. The applicant has been inside the building and has plans for restaurant renovation. He had copied Planning and Development on the LOI and met with them previously to convert the house in a similar matter to what Shovel Ready had proposed in the past. When he got the LOI with the included shipping container idea, Mr. Breese contacted him and asked if he was aware of the idea and Mr. Simon was not. Staff can begin to have a discussion with city staff if they do not want to tie it to the property at 211 E. Ocean Ave. It was noted Mr. Barber is no longer on the CRA Advisory Board. Board Member Romelus noted the LOI indicated he would not cook or food prep and learned it would not be done in the house. A lot of what would typically have to be been redone on the interior would not be done, avoiding a lot of Code and LDR upgrades to the building. There was a lot of information he would like to get. Chair Grant wanted to direct staff to explore the proposal more and get more information needed from the City to see if new LDRs were needed. Motion 14 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 8, 2021 Board Member Penserga moved to table the item for staff to bring back more information. Board Member Romelus seconded the motion. The motion passed unanimously. C. Consideration of Award and Contract for Responses to the Invitation to Bid to Perform Landscape Maintenance Services on Properties Owned by the CRA Ms. Utterback explained the current contract is up at the end of June. They went out to bid and received three responses. She reviewed the lowest bid was Vincent and Sons who is the current contractor. Motion Vice Chair Hay moved to approve. Board Member Katz seconded the motion. The motion passed unanimously. 17. Future Agenda Items A. Discussion and Consideration of a Purchase and Development Agreement between the CRA and 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 for the Management of the Boynton Harbor Marina C. Approval of the FY 2021 - 2023 Boynton Harbor Marina Dockage Lease Agreement D. MLK Jr. Boulevard Corridor Commercial Redevelopment and Affordable Multi-Family Rental Apartment Project Update E. Ocean Breeze East Affordable Multi-Family Rental Apartment Project Update 18. Adjournment Mr. Karjalainen read a closing statement explaining how the public could access the video. There being no further business to discuss, Chair Grant adjourned the meeting at 7:30 p.m. � Po tu Catherine Cherry Minutes Specialist 15 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: July 13, 2021 CONSENT AGENDA AGENDAITEM: 12.C. SUBJECT: Approval of Commercial Property Improvement Grant Program in the Amount of $7,694.72 for Shade Tree Music Studio, LLC located at 410 W. Industrial Avenue, Unit 1 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 Shade Tree Music Studio, LLC located at 410 W. I ndustrial Avenue, Unit 1, Boynton Beach, FL 33435 (see Attachments I - 111). Shade Tree Music Studio's mission is to provide professional and amateur musicians in the Boynton Beach Arts District and beyond with an encouraging place to create, record, rehearse and be educated through a diverse and well-rounded music platform. As the tenant of an arts studio, the applicant falls under the terms of a Tier I I business, as outlined in the grant application. The applicant is seeking reimbursement for property improvements including a new exterior awning, exterior mural, HVAC repair, interior paint and flooring and landscaping. The total cost of eligible property improvements is approximately $12,824.53 (see Attachment 111). If approved, the applicant is eligible to receive a maximum grant of $7,694.72 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, $7,694.72 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 $7,694.72 to Shade Tree Music Studio, LLC located at 410 W. Industrial Avenue, Unit 1, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I -Commercial Property Improvement Grant Application D Attachment II - Location Map D Attachment III - Lease D Attachment IV - Project Quotes rY MV" BOYNTON _.. REDEVELOPMENT=BEACHiiCR COMMUNffY October 1, 2020 ® September 30, 2021 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERICAL PROPERTY IMPROVEMENT GRANTPROGRAM Program I 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 2of17 Property Improvement 100 East Ocean Avenue,41h Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com • Improvements to non-profit and residentially zoned properties are NOT eligible expenses. • Applicant must have an executed multi-year lease with at least two years remaining on the lease at the time of BBCRA Board approval • Proposed leases must be executed within 30 days of BBCRA Board approval or the grant award is terminated. • The Applicant's Experian consumer credit report must reflect an acceptable level of financial stability, as determined in the sole discretion of the BBCRA. A copy of the consumer report will be provided to the applicant upon request. Applicants must have an Experian credit score of 601 or higher and have no listed history of bankruptcy to be eligible. If there is more than one business owner, the majority of the business owners must have credit scores of 601 or higher to be eligible. • All work must be done in compliance with applicable City of Boynton Beach Building Codes and Land Development Regulations. All contractors must be licensed as required to work in Boynton Beach and/or Palm Beach County. For any projects valued more than $250,000 (based on the project's construction value as it appears on the Palm Beach County-Wide/Municipal Building Permit Application Form submitted to the City of Boynton Beach), preference will be given to projects that will use contractors with an office in Palm Beach County. Please contact the City of Boynton Beach Development Department regarding the proposed work to be performed prior to submitting a grant application. • Grant funding amounts will be based on the applicant's project budget, specified at the time of the BBCRA Board approval, plus an added 20% contingency funding amount. • Grant funds will be reimbursed exclusively for approved work and approved change orders. • The Commercial Property Improvement Grant Program may only be used one time in any five year period for any one property. Entities hoping to improve properties that were previously improved using a BBCRA improvement grant may apply for additional grants any time after five years from previous grant approval. • In order to qualify for the grant, the subject property may not have any outstanding City of Boynton Beach liens at the time the applicant seeks reimbursement. To ensure that the property does not have any outstanding liens, violations or monies owed for utilities, the BBCRA will perform a lien search on the property at a cost of $115.00, which will be deducted from any grant funding awarded to the recipient. Initials Page 3 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com In the event that there is an outstanding lien against the property, the grant will not be awarded until the complete satisfaction of the lien. • 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 Page 4 of 17 Property Improvement 100 East Ocean Avenue,4th 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 came ras/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 Initialsma-M Page 5 of 17 Property Improvement 100 East Ocean Avenue,4t" 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,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: (Facade • 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,41 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,4th 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 WA 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,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com i� 3 a ow BOYNTO ' ' =BEAC RA APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (d/b/a if applicable): Current Business Address: Fed ID#: -3171135 Business Phone Number:(`) Cell: I>004+1 J „ Website: (..sr,bc.T�u r ts%k.S ILIO.oan�. se•s ng. c r�,tit 5 5 ivy a6 Existing Business: Yes No Number of years in existence: Time at Current Location: 1-0' 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: Mv 5 iL Tier 1 Business: ❑ Tier 2 Business: ❑ Tier 3 Business: ❑ (Tier Classification subject to BBCRA Board Approval) Number of Employees: 7 Hours of Operation: ALo✓% — 4-1 — IZ Ate_ List of improvements seeking reimbursement for: Evr, f>U&rr We2K, landscaping, awning, exterior mural interior paint Requested grant amount: I 1 . Page 12 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com BOYNTON r BEACK� COMMUNP REDEVELOPMENT AG.ENCY APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: N C tM ' t-Ar Date of Birth: Z w Email r.� o cU.�✓ i 1.c�-..x Residential Address: Or- �_ lug ov. i P�tL `33 3� Cell Phone Number: SG 2. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 3. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 4. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: Are you ap,dying for grant assistant under any other program offered by the BBCRA? Yes ` No If yes, what additional programs are you applying for: Page 13 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com M4. > BOYNTO� 9=BEAcHi C, RA COMMUN1CY REDEVELOPMENT AGENCY 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: t Landlord Name: Landlord's M 'ling Aod srs: -` Landlord's Phon umb r: 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 �f BOYNTO '" BEAC ic, , RAmomCOMMUNrTY 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,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com BOYNTOW, ww"BEACH i RA me" C COMMUN11Y REDEVELOPMEW1 APPLICANT INFORMATION APPLICANT SIGNATURES: Principal/Owner's Signature Date kA I-L eoLe- 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 ►La W-1 IDA— COUNTY OF 9At-Nl H BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared who is/are _ersonally known t me or produced as identification,ation, 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 an tc I seal in Sate an County aforesaid on this iy� �� ril A iuttTlay o YAr= State of Florida Notary Publi 20� �`= Commission N GG 166776 My Comm.ExpirQs 12-25-2021 Bonded TMtllugh American Aasocistion phflotariq. y Commission xpires: Page 16 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435-Phone: (561)600-9090 www.boyntonbeachcra.com 6 A,E 17 n BOYNTO �{ , � BEAC 'IC".' RA REDEVELOPMENT AGENCY LANDLORD INFORMATION LANDLORD SIG L for ' S' u, 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 L&I COUNTY OF a BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements. personally appeared 2 - -Zwho is/ _ ersonally kno x 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 t my hand and official seal in the State and County aforesaid o �'I ay of kl , 20-2—f. y,,,, LA J HUNT State of Florida-Notary Public Commission N GG 168776 ,� My Comm.Expirds 12-25-2021 °f Milo*� Bonded TR , OTA I C Americen Aesotei6'tion.o�YtQtariea M Co ission Expires: Page 17 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435–Phone: (561)600-9090 www.boyntonbeachcra.com 5/5/2021 PAPA Maps DOROTHYJACKS - -= --•CFA,AAS 5 Palm Bach Co tyP p rty Appraiser A}giFrfiiL } ir RTr ae44 4; ,.ho"''? 1 , yak e uc Search by Owner,Address or Parcel ,his i , OQ ; ,.t J ,- c View Property Record NNf-lth Ave r JTA Owners t T 1 MKBcoRP ......... ........................................... 1"i1 11Y,' � e = i i� Ilii{� �,�a t,�F� �4 Property Detail p Y Loxcaoiorl 402 W INDUSTRIAL AVEi`- �[ I - Muii BOYNTON BEACH a..ce..No. 084 345 201 70000 360 BOYNTON INDUSTRIAL PARK Book 02656 Page 0596 r tr f s\ 99 t Sale Date'.JAN 1977 5160 LAKE OSBORNE DRliol - d e,,,� LAKE WORTH FL 33461 6050 Jse y pe.4800-WAREH/DIST TERMotal S r, 7037 u� ' e= e e �> Sales Information �� a�� lii ;�'��° ii, =_ sndustrtalAue Sales Date Price [,,; •i[ lJ iii JAN-1977 14500 JAN 1973 9500 { - - SKIM oynt Appraisdl5on'BeachBlvdi` °_ NfBoyntan' �aeh: lyd Tax Year 2020 :MP ,e.._e.rl"V'a.:ue=. $314,783 - .. Value $225,42311 .()�ai Market Value=. $540,206:,', All values are as of January 1 st ;,,i -_= each year < NW 'lst•Ae - w7 Assessed/Taxable values I, Tax Year 2020 1'J. d .,i _ - - ><• is A^sessed ,ta.lue=. $540,206 1 -xerorootiorl Amount axabl r e Value $540,206.,n - m „ 'ot�,, v• u, for v• yr rn• yr v• 4iV c>]cean-Aue ca a , { s Taxes in Tax Year 2020 �� � — Ad . .e.M $11,559Ii' - Norl Ad Valorem $1,759 https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434520000000082 1/1 COMMERCIAL LEASE AGREEMENT THIS LEASE (this "Lease") dated this 27th day of April,2021 Location: shared warehouse studio space at 410 West Industrial Ave,Unit 1,Boynton Beach,F133426. BETWEEN: Florida Arts Association of 811 Belvedere Road,West Palm Beach,FL 33405 Telephone: (786) 521-1199 Fax: (the "Landlord") OF THE FIRST PART -AND - -Michael McCleary of_Shade Tree Music Studio,LLC_,_2600 Lake Drive N.,Boynton Beach,Florida Telephone: 561-271-1776_ (the "Tenant") OF THE SECOND PART IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant,the Tenant leasing those premises from the Landlord and the mutual benefits and obligations set forth in this Lease,the receipt and sufficiency of which consideration is hereby acknowledged,the Parties to this Lease (the "Parties") agree as follows: Basic Terms 1. The following basic terms are hereby approved by the Parties and each reference in this Lease to any of the basic terms will be construed to include the provisions set forth below as well as all of the additional terms and conditions of the applicable sections of this Lease where such basic terms are more fully set forth: a. Landlord: Florida Arts Association , 501 C 3 b. Address of Florida Arts Association: 811 Belvedere Road,West Palm Beach,FL 33405 c. Tenant: Shade Tree Music Studio,LLC Address of : _2600 Lake Drive N.,Boynton Beach,Florida d. Term of Lease: Ends on April 30, 2024/ annual renewal. e. Commencement Date of Lease:April 27, 2021 f. Base Rent: * $1150.00,payable per month on the 1st day of the month. ( *increment rate $50 annual increase beginning April 30, 2022 ) g. Permitted Use of Premises: Art studio,Art Creation,hobby craft,non- retail use. h. Advance rent: First and Last Month i. Security/Damage Deposit: $1150 j. Definitions 2. When used in this Lease,the following expressions will have the meanings indicated: a. "Additional Rent" means all amounts payable by the Tenant under this Lease except Base Rent,whether or not specifically designated as Additional Rent elsewhere in this Lease; b. "Building" means all buildings,improvements,equipment, fixtures, property and facilities from time to time located at shared warehouse studio space at 406 West Industrial Ave,Unit 1,Boynton Beach,F133426. c. , as from time to time altered,expanded or reduced by the Landlord in its sole discretion; d. "Common Areas and Facilities" mean: i. those portions of the Building areas,buildings,improvements, facilities,utilities,equipment and installations in or forming part of the Building which from time to time are not designated or intended by the Landlord to be leased to tenants of the Building including,without limitation,exterior weather walls,roofs, entrances and exits,parking areas,driveways,loading docks and area, storage,mechanical and electrical rooms, areas above and below leasable premises and not included within leasable premises, security and alarm equipment,grassed and landscaped areas, retaining walls and maintenance,cleaning and operating equipment serving the Building; and ii. those lands, areas,buildings,improvements,facilities,utilities, equipment and installations which serve or are for the useful benefit of the Building,the tenants of the Building or the Landlord and those having business with them,whether or not located within, adjacent to or near the Building and which are designated from time to time by the Landlord as part of the Common Areas and Facilities; e. "Leasable Area" means with respect to any rentable premises,the area expressed in square feet of all floor space including floor space of mezzanines,if any,determined,calculated and certified by the Landlord and measured from the exterior face of all exterior walls,doors and windows,including walls,doors and windows separating the rentable premises from enclosed Common Areas and Facilities,if any, and from the center line of all interior walls separating the rentable premises from adjoining rentable premises. There will be no deduction or exclusion for any space occupied by or used for columns,ducts or other structural elements; f. "Premises" means the shared warehouse studio space at 410 West Industrial Ave,Unit 1,Boynton Beach,F133426. g. "Proportionate Share" means a fraction,the numerator of which is the Leasable Area of the Premises and the denominator of which is the aggregate of the Leasable Area of all rentable premises in the Building. Leased Premises 3. The Landlord agrees to rent to the Tenant the Premises for only the permitted use (the "Permitted Use") of:Art studio,Art Creation,hobby craft,non-retail use.Neither the Premises nor any part of the Premises will be used at any time during the term of this Lease by Tenant for any purpose other than the Permitted Use. 4. No pets or animals are allowed to be kept in or about the Premises or in any common areas in the building containing the Premises. Upon thirty (30) days notice,the Landlord may revoke any consent previously given under this clause. 5. Subject to the provisions of this Lease,the Tenant is entitled to the non-exclusive use of the following 1 parking space on or about the Premises: 1 assigned parking space per unit will be available. (the "Parking"). Only properly insured motor vehicles may be parked in the Tenant's space. 6. The Landlord reserves the right in its reasonable discretion to alter,reconstruct, expand,withdraw from or add to the Building from time to time. In the exercise of those rights,the Landlord undertakes to use reasonable efforts to minimize any interference with the visibility of the Premises and to use reasonable efforts to ensure that direct entrance to and exit from the Premises is maintained. 7. The Landlord reserves the right for itself and for all persons authorized by it,to erect,use and maintain wiring,mains,pipes and conduits and other means of distributing services in and through the Premises, and at all reasonable times to enter upon the Premises for the purpose of installation,maintenance or repair, and such entry will not be an interference with the Tenant's possession under this Lease. 8. The Landlord reserves the right,when necessary by reason of accident or in order to make repairs, alterations or improvements relating to the Premises or to other portions of the Building to cause temporary obstruction to the Common Areas and Facilities as reasonably necessary and to interrupt or suspend the supply of electricity,water and other services to the Premises until the repairs, alterations or improvements have been completed.There will be no abatement in rent because of such obstruction,interruption or suspension provided that the repairs, alterations or improvements are made expeditiously as is reasonably possible. 9. Subject to this Lease,the Tenant and its employees,customers and invitees will have the non-exclusive right to use for their proper and intended purposes,during business hours in common with all others entitled thereto those parts of the Common Areas and Facilities from time to time permitted by the Landlord. The Common Areas and Facilities and the Building will at all times be subject to the exclusive control and management of the Landlord. The Landlord will operate and maintain the Common Areas and Facilities and the Building in such manner as the Landlord determines from time to time. Term 10. The term of the Lease commences at 12:00 noon on April 27, 2021 and ends at 12:00 noon on April 30, 2024. 11. Notwithstanding that the term of this Lease commences on April 27, 2021,the Tenant is entitled to possession of the Premises at 12:00 noon on April 27, 2021. 12. Should the Tenant remain in possession of the Premises with the consent of the Landlord after the natural expiration of this Lease, a new tenancy from month to month will be created between the Landlord and the Tenant which will be subject to all the terms and conditions of this Lease but will be terminable upon either party giving one month's notice to the other party. Rent 13. Subject to the provisions of this Lease,the Tenant will pay a base rent of $1150.00,payable per month,for the Premises (the "Base Rent"). 14. The Tenant will pay the Base Rent on or before the First of each and every month of the term of this Lease to the Landlord. 15. The Base Rent for the Premises will increase over the Term of the Lease as follows: First Year move in with 1 year lease at$1150 per month, Second Year with Lease$1200,Third year with lease$1250. 16. The Tenant will be charged an additional amount of 10% of rent plus $20.00 per day for any Rent that is received after the due date which is the 7th day of each month. 17. In the event that this Lease commences,expires or is terminated before the end of the period for which any item of Additional Rent or Base Rent would otherwise be payable or other than at the commencement or end of a calendar month, such amounts payable by the Tenant will be apportioned and adjusted pro rata on the basis of a thirty (30) day month in order to calculate the amount payable for such irregular period. Operating Costs 18. In addition to the Base Rent,the Tenant is responsible for directly paying to the appropriate suppliers the following operating costs: a. all insurance relating to the Building as placed by the Landlord from time to time, acting prudently; b. provision,repair,replacement and maintenance of heating,cooling, ventilation and air conditioning equipment throughout the Building; c. all outdoor maintenance including landscaping and trash removal; d. operation and maintenance of parking areas; and e. preventive maintenance and inspection. 19. In addition to the Base Rent,the Tenant is responsible for paying to the Landlord its Proportionate Share of all of the following operating costs incurred by the Landlord in respect to the Building,Common Areas and Facilities and Premises: a. cleaning and janitorial services; and b. repairs and replacements to the Building and any component of the Building. 20. For any rent review negotiation,the basic rent will be calculated as being the higher of the Base Rent payable immediately before the date of review and the Open Market Rent on the date of review. Use and Occupation 21. The Tenant will use and occupy the Premises only for the Permitted Use and for no other purpose whatsoever as allowable by license for the City of Boynton Beach. The Tenant will carry on business under the name of Shade Tree Music Studio LLC_ and will not change such name without the prior written consent of the Landlord, such consent not to be unreasonably withheld.The Tenant will open the whole of the Premises for business to the public fully fixtured, stocked and staffed on the date of commencement of the term and throughout the term,will continuously occupy and utilize the entire Premises in the active conduct of its business in a reputable manner on such days and during such hours of business as may be determined from time to time by the Landlord. 22. The Tenant covenants that the Tenant will carry on and conduct its business from time to time carried on upon the Premises in such manner as to comply with all statutes,bylaws,rules and regulations of any federal,provincial,municipal or other competent authority and will not do anything on or in the Premises in contravention of any of them. Quiet Enjoy 23. The Landlord covenants that on paying the Rent and performing the covenants contained in this Lease,the Tenant will peacefully and quietly have,hold, and enjoy the Premises for the agreed term. Default 24. If the Tenant is in default in the payment of any money,whether hereby expressly reserved or deemed as rent,or any part of the rent, and such default continues following any specific due date on which the Tenant is to make such payment,or in the absence of such specific due date,for the 3 days following written notice by the Landlord requiring the Tenant to pay the same then, at the option of the Landlord,this Lease may be terminated upon 3 days notice and the term will then immediately become forfeited and void, and the Landlord may without further notice or any form of legal process immediately reenter the Premises or any part of the Premises and in the name of the whole repossess and enjoy the same as of its former state anything contained in this Lease or in any statute or law to the contrary notwithstanding. 25. Unless otherwise provided for in this Lease,if the Tenant does not observe, perform and keep each and every of the non-monetary covenants, agreements, stipulations,obligations,conditions and other provisions of this Lease to be observed,performed and kept by the Tenant and persists in such default, after 3 days following written notice from the Landlord requiring that the Tenant remedy, correct or comply or,in the case of such default which would reasonably require more than 3 days to rectify,unless the Tenant will commence rectification within the said 3 days notice period and thereafter promptly and diligently and continuously proceed with the rectification of any such defaults then, at the option of the Landlord,this Lease may be terminated upon 3 days notice and the term will then immediately become forfeited and void, and the Landlord may without further notice or any form of legal process immediately reenter the Premises or any part of the Premises and in the name of the whole repossess and enjoy the same as of its former state anything contained in this Lease or in any statute or law to the contrary notwithstanding. 26. If and whenever: a. the Tenant's leasehold interest hereunder,or any goods,chattels or equipment of the Tenant located in the Premises will be taken or seized in execution or attachment,or if any writ of execution will issue against the Tenant or the Tenant will become insolvent or commit an act of bankruptcy or become bankrupt or take the benefit of any legislation that may be in force for bankrupt or insolvent debtor or become involved in voluntary or involuntary winding up,dissolution or liquidation proceedings,or if a receiver will be appointed for the affairs,business, property or revenues of the Tenant; or b. the Tenant fails to commence,diligently pursue and complete the Tenant's work to be performed under any agreement to lease pertaining to the Premises or vacate or abandon the Premises,or fail or cease to operate or otherwise cease to conduct business from the Premises,or use or permit or suffer the use of the Premises for any purpose other than as permitted in this clause,or make a bulk sale of its goods and assets which has not been consented to by the Landlord,or move or commence, attempt or threaten to move its goods,chattels and equipment out of the Premises other than in the routine course of its business; then, and in each such case, at the option of the Landlord,this Lease may be terminated without notice and the term will then immediately become forfeited and void, and the Landlord may without notice or any form of legal process immediately reenter the Premises or any part of the Premises and in the name of the whole repossess and enjoy the same as of its former state anything contained in this Lease or in any statute or law to the contrary notwithstanding. 27. In the event that the Landlord has terminated the Lease pursuant to this section, on the expiration of the time fixed in the notice,if any,this Lease and the right, title, and interest of the Tenant under this Lease will terminate in the same manner and with the same force and effect,except as to the Tenant's liability, as if the date fixed in the notice of cancellation and termination were the end of the Lease. Distress 28. If and whenever the Tenant is in default in payment of any money,whether hereby expressly reserved or deemed as rent,or any part of the rent,the Landlord may, without notice or any form of legal process,enter upon the Premises and seize, remove and sell the Tenant's goods,chattels and equipment from the Premises or seize,remove and sell any goods,chattels and equipment at any place to which the Tenant or any other person may have removed them,in the same manner as if they had remained and been distrained upon the Premises, all notwithstanding any rule of law or equity to the contrary, and the Tenant hereby waives and renounces the benefit of any present or future statute or law limiting or eliminating the Landlord's right of distress. Overholding 29. If the Tenant continues to occupy the Premises without the written consent of the Landlord after the expiration or other termination of the term,then,without any further written agreement,the Tenant will be a month-to-month tenant at a minimum monthly rental equal to twice the Base Rent and subject always to all of the other provisions of this Lease insofar as the same are applicable to a month-to- month tenancy and a tenancy from year to year will not be created by implication of law. Additional Rights on Reentry 30. If the Landlord reenters the Premises or terminates this Lease,then: a. notwithstanding any such termination or the term thereby becoming forfeited and void,the provisions of this Lease relating to the consequences of termination will survive; b. the Landlord may use such reasonable force as it may deem necessary for the purpose of gaining admittance to and retaking possession of the Premises and the Tenant hereby releases the Landlord from all actions, proceedings,claims and demands whatsoever for and in respect of any such forcible entry or any loss or damage in connection therewith or consequential thereupon; c. the Landlord may expel and remove,forcibly,if necessary,the Tenant, those claiming under the Tenant and their effects, as allowed by law, without being taken or deemed to be guilty of any manner of trespass; d. in the event that the Landlord has removed the property of the Tenant,the Landlord may store such property in a public warehouse or at a place selected by the Landlord, at the expense of the Tenant. If the Landlord feels that it is not worth storing such property given its value and the cost to store it,then the Landlord may dispose of such property in its sole discretion and use such funds,if any,towards any indebtedness of the Tenant to the Landlord. The Landlord will not be responsible to the Tenant for the disposal of such property other than to provide any balance of the proceeds to the Tenant after paying any storage costs and any amounts owed by the Tenant to the Landlord; e. the Landlord may relet the Premises or any part of the Premises for a term or terms which may be less or greater than the balance of the term of this Lease remaining and may grant reasonable concessions in connection with such reletting including any alterations and improvements to the Premises; f. after reentry,the Landlord may procure the appointment of a receiver to take possession and collect rents and profits of the business of the Tenant, and,if necessary to collect the rents and profits the receiver may carry on the business of the Tenant and take possession of the personal property used in the business of the Tenant,including inventory,trade fixtures, and furnishings, and use them in the business without compensating the Tenant; g. after reentry,the Landlord may terminate the Lease on giving 5 days written notice of termination to the Tenant. Without this notice,reentry of the Premises by the Landlord or its agents will not terminate this Lease; h. the Tenant will pay to the Landlord on demand: i. all rent,Additional Rent and other amounts payable under this Lease up to the time of reentry or termination,whichever is later; ii. reasonable expenses as the Landlord incurs or has incurred in connection with the reentering,terminating,reletting,collecting sums due or payable by the Tenant,realizing upon assets seized; including without limitation,brokerage,fees and expenses and legal fees and disbursements and the expenses of keeping the Premises in good order,repairing the same and preparing them for reletting; and iii. as liquidated damages for the loss of rent and other income of the Landlord expected to be derived from this Lease during the period which would have constituted the unexpired portion of the term had it not been terminated, at the option of the Landlord,either: 1. an amount determined by reducing to present worth at an assumed interest rate of twelve percent(12%)per annum all Base Rent and estimated Additional Rent to become payable during the period which would have constituted the unexpired portion of the term, such determination to be made by the Landlord,who may make reasonable estimates of when any such other amounts would have become payable and may make such other assumptions of the facts as may be reasonable in the circumstances; or 2. an amount equal to the Base Rent and estimated Additional Rent for a period of six (6) months. 31. During the Term and any renewal of this Lease,the Landlord and its agents may enter the Premises to make inspections or repairs at all reasonable times. However,except where the Landlord or its agents consider it is an emergency,the Landlord must have given not less than 24 hours prior written notice to the Tenant. 32. The Tenant acknowledges that the Landlord or its agent will have the right to enter the Premises at all reasonable times to show them to prospective purchasers, encumbrancers,lessees or assignees, and may also during the ninety days preceding the termination of the terms of this Lease,place upon the Premises the usual type of notice to the effect that the Premises are for rent,which notice the Tenant will permit to remain on them. Renewal of Lease 33. Upon giving written notice no later than 60 days before the expiration of the term of this Lease,the Tenant may renew this Lease for an additional term. All terms of the renewed lease will be the same except for this renewal clause and the amount of the rent. If the Landlord and the Tenant can not agree as to the amount of the Rent,the amount of the Rent will be determined by mediation. Landlord Improvements 34. The Landlord will make the following improvements to the Premises: a. Landlord will not be liable for any improvements to property, Tenant accepts property as is. 35. All improvements provided by the Landlord will revert back to the Landlord at the end of the Lease except for the following: Unit is to be retuned in same condition as the day it was leased. Landlord reserves the right to All leasehold improvements are assumed to revert to the Landlord when the Tenant vacates the space at the end of the lease. Tenant Improvements 36. The Tenant will make the following improvements to the Premises: a. Any and all changes and modifications must adhere to Florida Building Codes,or will be retuned to original state by tenet upon request,or termination of lease. Landlord is not responsible for any fines,levys,taxes that may result from any/all modification. Utilities and Other Costs 37. The Tenant is responsible for the direct payment of the following utilities and other charges in relation to the Premises:All utilities and maintenance of A/C. 38. The Tenant is responsible for paying to the Landlord the following utilities and other charges: 39. Signs 40. The Tenant may not erect,install and maintain a sign of a kind and size in any location,unless in accordance with the Landlord's design criteria for the Building and as first approved in writing by the Landlord, and approved by the City of Boynton Beach.All other signs, as well as the advertising practices of the Tenant, will comply with all applicable rules and regulations of the Landlord and the City of Boynton Beach.The Tenant will not erect,install or maintain any sign other than in accordance with this section. Insurance 41. The Tenant is hereby advised and understands that the personal property of the Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss.The Tenant is advised that,if insurance coverage is desired by the Tenant,the Tenant should inquire of Tenant's insurance agent regarding a Tenant's Policy of Insurance. Tenant's Insurance 42. The Tenant will,during the whole of the term and during such other time as the Tenant occupies the Premises,take out and maintain the following insurance, at the Tenant's sole expense,in such form as used by solvent insurance companies in the State of Florida: a. Comprehensive general liability insurance against claims for bodily injury, including death, and property damage or loss arising out of the use or occupation of the Premises,or the Tenant's business on or about the Premises; such insurance to be in the joint name of the Tenant and the Landlord so as to indemnify and protect both the Tenant and the Landlord and to contain a 'cross liability' and'severability of interest' clause so that the Landlord and the Tenant may be insured in the same manner and to the same extent as if individual policies had been issued to each, and will be for the amount of not less than $1,000,000.00 combined single limit or such other amount as may be reasonably required by the Landlord from time to time; such comprehensive general liability insurance will for the Tenant's benefit only include contractual liability insurance in a form and of a nature broad enough to insure the obligations imposed upon the Tenant under the terms of this Lease. b. All risks insurance upon its merchandise, stock-in-trade,furniture, fixtures and improvements and upon all other property in the Premises owned by the Tenant or for which the Tenant is legally liable, and insurance upon all glass and plate glass in the Premises against breakage and damage from any cause, all in an amount equal to the full replacement value of such items,which amount in the event of a dispute will be determined by the decision of the Landlord. In the event the Tenant does not obtain such insurance,it is liable for the full costs of repair or replacement of such damage or breakage. c. Boiler, air-conditioning and machinery insurance on such boilers and pressure vessels as may be installed by,or under the exclusive control of, the Tenant in the Premises. d. Owned automobile insurance with respect to all motor vehicles owned by the Tenant and operated in its business. 43. The Tenant's policies of insurance hereinbefore referred to will contain the following: a. provisions that the Landlord is protected notwithstanding any act,neglect or misrepresentation of the Tenant which might otherwise result in the avoidance of claim under such policies will not be affected or invalidated by any act,omission or negligence of any third party which is not within the knowledge or control of the insured(s); b. provisions that such policies and the coverage evidenced thereby will be primary and noncontributing with respect to any policies carried by the Landlord and that any coverage carried by the Landlord will be excess coverage; c. all insurance referred to above will provide for waiver of the insurer's rights of subrogation as against the Landlord; and d. provisions that such policies of insurance will not be cancelled without the insurer providing the Landlord thirty (30) days written notice stating when such cancellation will be effective. 44. The Tenant will further during the whole of the term maintain such other insurance in such amounts and in such sums as the Landlord may reasonably determine from time to time. Evidence satisfactory to the Landlord of all such policies of insurance will be provided to the Landlord upon request. 45. The Tenant will not do,omit or permit to be done or omitted upon the Premises anything which will cause any rate of insurance upon the Building or any part of the Building to be increased or cause such insurance to be cancelled. If any such rate of insurance will be increased as previously mentioned,the Tenant will pay to the Landlord the amount of the increase as Additional Rent. If any insurance policy upon the Building or any part of the Building is cancelled or threatened to be cancelled by reason of the use or occupancy by the Tenant or any such act or omission,the Tenant will immediately remedy or rectify such use,occupation, act or omission upon being requested to do so by the Landlord, and if the tenant fails to so remedy or rectify,the Landlord may at its option terminate this Lease and the Tenant will immediately deliver up possession of the Premises to the Landlord. 46. The Tenant will not at any time during the term of this Lease use,exercise,carry on or permit or suffer to be used,exercised,carried on,in or upon the Premises or any part of the Premises, any noxious,noisome or offensive act,trade business occupation or calling, and no act,matter or thing whatsoever will at any time during the said term be done in or upon the Premises,or any part Premises,which will or may be or grow to the annoyance,nuisance,grievance,damage or disturbance of the occupiers or owners of the Building,or adjoining lands or premises. Landlord's Insurance 47. The Landlord will take out or cause tenant to be taken out and keep or cause to be kept in full force and effect during the whole of the term: a. extended fire and extended coverage insurance on the Building,except foundations,on a replacement cost basis, subject to such deductions and exceptions as the Landlord may determine; such insurance will be in a form or forms normally in use from time to time for buildings and improvements of a similar nature similarly situate,including, should the Landlord so elect,insurance to cover any loss of rental income which may be sustained by the Landlord; b. boiler and machinery insurance of such boilers and pressure vessels as may be installed by,or under the exclusive control of,the Landlord in the Building (other than such boilers and pressure vessels to be insured by the Tenant hereunder); and c. comprehensive general liability insurance against claims for bodily injury, including death and property damage in such form and subject to such deductions and exceptions as the Landlord may determine;provided that nothing in this clause will prevent the Landlord from providing or maintaining such lesser, additional or broader coverage as the Landlord may elect in its discretion. 48. The Landlord agrees to request its insurers,upon written request of the Tenant,to have all insurance taken out and maintained by the Landlord provide for waiver of the Landlord's insurers' rights of subrogation as against the Tenant when and to the extent permitted from time to time by its insurers. Abandonment 49. If at any time during the term of this Lease,the Tenant abandons the Premises or any part of the Premises,the Landlord may, at its option,enter the Premises by any means without being liable for any prosecution for such entering, and without becoming liable to the Tenant for damages or for any payment of any kind whatever, and may, at the Landlord's discretion, as agent for the Tenant,relet the Premises,or any part of the Premises,for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, at the Landlord's option,hold the Tenant liable for any difference between the Rent that would have been payable under this Lease during the balance of the unexpired term,if this Lease had continued in force, and the net rent for such period realized by the Landlord by means of the reletting. If the Landlord's right of reentry is exercised following abandonment of the premises by the Tenant,then the Landlord may consider any personal property belonging to the Tenant and left on the Premises to also have been abandoned,in which case the Landlord may dispose of all such personal property in any manner the Landlord will deem proper and is relieved of all liability for doing so. Subordination and Attornment 50. This Lease and the Tenant's rights under this Lease will automatically be subordinate to any mortgage or mortgages,or encumbrance resulting from any other method of financing or refinancing,now or afterwards in force against the Lands or Building or any part of the Lands or Building, as now or later constituted, and to all advances made or afterwards made upon such security; and, upon the request of the Landlord,the Tenant will execute such documentation as may be required by the Landlord in order to confirm and evidence such subordination. 51. The Tenant will,in the event any proceedings are brought,whether in foreclosure or by way of the exercise of the power of sale or otherwise,under any other mortgage or other method of financing or refinancing made by the Landlord in respect of the Building,or any portion of the Building, attorn to the encumbrancer upon any such foreclosure or sale and recognize such encumbrancer as the Landlord under this Lease,but only if such encumbrancer will so elect and require. 52. Upon the written request of the Tenant,the Landlord agrees to request any mortgagee or encumbrancer of the Lands (present or future) to enter into a non- disturbance covenant in favor of the Tenant,whereby such mortgagee or encumbrancer will agree not to disturb the Tenant in its possession and enjoyment of the Premises for so long as the Tenant is not in default under this Lease. Registration of Caveat 53. The Tenant will not register this Lease,provided,however,that: a. The Tenant may file a caveat respecting this Lease but will not be entitled to attach this Lease, and,in any event,will not file such caveat prior to the commencement date of the term. The caveat will not state the Base Rent or any other financial provisions contained in this Lease. b. If the Landlord's permanent financing has not been fully advanced,the Tenant covenants and agrees not to file a caveat until such time as the Landlord's permanent financing has been fully advanced. Estoppel Certificate and Acknowledgement 54.Whenever requested by the Landlord, a mortgagee or any other encumbrance holder or other third party having an interest in the Building or any part of the Building,the Tenant will,within ten (10) days of the request,execute and deliver an estoppel certificate or other form of certified acknowledgement as to the Commencement Date,the status and the validity of this Lease,the state of the rental account for this Lease, any incurred defaults on the part of the Landlord alleged by the Tenant, and such other information as may reasonably be required. Sale by Landlord 55. In the event of any sale,transfer or lease by the Landlord of the Building or any interest in the Building or portion of the Building containing the Premises or assignment by the Landlord of this Lease or any interest of the Landlord in the Lease to the extent that the purchaser,transferee,tenant or assignee assumes the covenants and obligations of the Landlord under this Lease,the Landlord will without further written agreement be freed and relieved of liability under such covenants and obligations. This Lease may be assigned by the Landlord to any mortgagee or encumbrancee of the Building as security. Tenant's Indemnity 56. The Tenant will and does hereby indemnify and save harmless the Landlord of and from all loss and damage and all actions,claims,costs,demands,expenses, fines,liabilities and suits of any nature whatsoever for which the Landlord will or may become liable,incur or suffer by reason of a breach,violation or nonperformance by the Tenant of any covenant,term or provision hereof or by reason of any builders' or other liens for any work done or materials provided or services rendered for alterations,improvements or repairs,made by or on behalf of the Tenant to the Premises,or by reason of any injury occasioned to or suffered by any person or damage to any property,or by reason of any wrongful act or omission,default or negligence on the part of the Tenant or any of its agents, concessionaires,contractors,customers,employees,invitees or licensees in or about the Building. 57. It is agreed between the Landlord and the Tenant that the Landlord will not be liable for any loss,injury,or damage to persons or property resulting from falling plaster, steam,electricity,water,rain, snow or dampness,or from any other cause. 58. It is agreed between the Landlord and the Tenant that the Landlord will not be liable for any loss or damage caused by acts or omissions of other tenants or occupants,their employees or agents or any persons not the employees or agents of the Landlord,or for any damage caused by the construction of any public or quasi-public works, and in no event will the Landlord be liable for any consequential or indirect damages suffered by the Tenant. 59. It is agreed between the Landlord and the Tenant that the Landlord will not be liable for any loss,injury or damage caused to persons using the Common Areas and Facilities or to vehicles or their contents or any other property on them,or for any damage to property entrusted to its or their employees,or for the loss of any property by theft or otherwise, and all property kept or stored in the Premises will be at the sole risk of the Tenant. Liens 60. The Tenant will immediately upon demand by the Landlord remove or cause to be removed and afterwards institute and diligently prosecute any action pertinent to it, any builders' or other lien or claim of lien noted or filed against or otherwise constituting an encumbrance on any title of the Landlord. Without limiting the foregoing obligations of the Tenant,the Landlord may cause the same to be removed,in which case the Tenant will pay to the Landlord as Additional Rent, such cost including the Landlord's legal costs. Attorney Fees 61. All costs,expenses and expenditures including and without limitation,complete legal costs incurred by the Landlord on a solicitor/client basis as a result of unlawful detainer of the Premises,the recovery of any rent due under the Lease, or any breach by the Tenant of any other condition contained in the Lease,will forthwith upon demand be paid by the Tenant as Additional Rent. All rents including the Base Rent and Additional Rent will bear interest at the rate of Twelve (12%)per cent per annum from the due date until paid. Governing Law 62. It is the intention of the Parties to this Lease that the tenancy created by this Lease and the performance under this Lease, and all suits and special proceedings under this Lease,be construed in accordance with and governed,to the exclusion of the law of any other forum,by the laws of the State of Florida,without regard to the jurisdiction in which any action or special proceeding may be instituted. Severability 63. If there is a conflict between any provision of this Lease and the applicable legislation of the State of Florida (the 'Act'),the Act will prevail and such provisions of the Lease will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Lease. 64. If there is a conflict between any provision of this Lease and any form of lease prescribed by the Act,that prescribed form will prevail and such provisions of the lease will be amended or deleted as necessary in order to comply with that prescribed form. Further, any provisions that are required by that prescribed form are incorporated into this Lease. Amendment of Lease 65. Any amendment or modification of this Lease or additional obligation assumed by either party to this Lease in connection with this Lease will only be binding if evidenced in writing signed by each party or an authorized representative of each party. Assignment and Subletting 66. The Tenant will not assign this Lease,or sublet or grant any concession or license to use the Premises or any part of the Premises. An assignment, subletting, concession,or license,whether by operation of law or otherwise,will be void and will, at Landlord's option,terminate this Lease. Damage to Premises 67. If the Premises,or any part of the Premises,will be partially damaged by fire or other casualty not due to the Tenant's negligence or willful act or that of the Tenant's employee,family, agent,or visitor,the Premises will be promptly repaired by the Landlord and there will be an abatement of rent corresponding with the time during which, and the extent to which,the Premises may have been untenantable. However,if the Premises should be damaged other than by the Tenant's negligence or willful act or that of the Tenant's employee,family, agent, or visitor to the extent that the Landlord will decide not to rebuild or repair,the term of this Lease will end and the Rent will be prorated up to the time of the damage. Force Majeure 68. In the event that the Landlord or the Tenant will be unable to fulfill,or shall be delayed or prevented from the fulfillment of, any obligation in this Lease by reason of municipal delays in providing necessary approvals or permits,the other party's delay in providing approvals as required in this Lease, strikes,third party lockouts, fire, flood,earthquake,lightning, storm, acts of God or our Country's enemies,riots,insurrections or other reasons of like nature beyond the reasonable control of the party delayed or prevented from fulfilling any obligation in this Lease (excepting any delay or prevention from such fulfillment caused by a lack of funds or other financial reasons) and provided that such party uses all reasonable diligence to overcome such unavoidable delay,then the time period for performance of such an obligation will be extended for a period equivalent to the duration of such unavoidable delay. Eminent Domain and Expropriation 69. If during the term of this Lease,title is taken to the whole or any part of the Building by any competent authority under the power of eminent domain or by expropriation,which taking,in the reasonable opinion of the Landlord,does not leave a sufficient remainder to constitute an economically viable building,the Landlord may at its option,terminate this Lease on the date possession is taken by or on behalf of such authority. Upon such termination,the Tenant will immediately deliver up possession of the Premises,Base Rent and any Additional Rent will be payable up to the date of such termination, and the Tenant will be entitled to be repaid by the Landlord any rent paid in advance and unearned or an appropriate portion of that rent. In the event of any such taking,the Tenant will have no claim upon the Landlord for the value of its property or the unexpired portion of the term of this Lease,but the Parties will each be entitled to separately advance their claims for compensation for the loss of their respective interests and to receive and retain such compensation as may be awarded to each respectively. If an award of compensation made to the Landlord specifically includes an award for the Tenant,the Landlord will account for that award to the Tenant and vice versa. Condemnation 70. A condemnation of the Building or any portion of the Premises will result in termination of this Lease. The Landlord will receive the total of any consequential damages awarded as a result of the condemnation proceedings. All future rent installments to be paid by the Tenant under this Lease will be terminated. Tenant's Repairs and Alterations 71. The Tenant covenants with the Landlord to occupy the Premises in a tenant-like manner and not to permit waste.The Tenant will at all times and at its sole expense, subject to the Landlord's repair,maintain and keep the Premises, reasonable wear and tear,damage by fire,lightning,tempest, structural repairs, and repairs necessitated from hazards and perils against which the Landlord is required to insure excepted.Without limiting the generality of the foregoing,the Tenant will keep,repair,replace and maintain all glass,wiring,pipes and mechanical apparatus in,upon or serving the Premises in good and tenantable repair at its sole expense.When it becomes (or, acting reasonably, should have become) aware of same,the Tenant will notify the Landlord of any damage to or deficiency or defect in any part of the Premises or the Building. 72. The Tenant covenants with the Landlord that the Landlord,its servants, agents and workmen may enter and view the state of repair of the Premises and that the Tenant will repair the Premises according to notice in writing received from the Landlord, subject to the Landlord's repair obligations. If the Tenant refuses or neglects to repair as soon as reasonably possible after written demand,the Landlord may,but will not be obligated to,undertake such repairs without liability to the Tenant for any loss or damage that may occur to the Tenant's merchandise, fixtures or other property or to the Tenant's business by such reason, and upon such completion,the Tenant will pay,upon demand, as Additional Rent, the Landlord's cost of making such repairs plus fifteen percent(15%) of such cost for overhead and supervision. 73. The Tenant will keep in good order,condition and repair the non-structural portions of the interior of the Premises and every part of those Premises, including,without limiting the generality of the foregoing, all equipment within the Premises, fixtures,walls,ceilings, floors,windows,doors,plate glass and skylights located within the Premises.Without limiting the generality of the foregoing,the Tenant will keep,repair,replace and maintain all glass,wiring, pipes and mechanical apparatus in,upon or serving the Premises in good and tenantable repair at its sole expense. When it becomes (or, acting reasonably, should have become) aware of same,the Tenant will notify the Landlord of any damage to or deficiency or defect in any part of the Premises or the Building. The Tenant will not use or keep any device which might overload the capacity of any floor,wall,utility,electrical or mechanical facility or service in the Premises or the Building. 74. The Tenant will not make or have others make alterations, additions or improvements or erect or have others erect any partitions or install or have others install any trade fixtures,exterior signs, floor covering,interior or exterior lighting,plumbing fixtures, shades, awnings,exterior decorations or make any changes to the Premises or otherwise without first obtaining the Landlord's written approval thereto, such written approval not to be unreasonably withheld in the case of alterations, additions or improvements to the interior of the Premises. 75. The Tenant will not install in or for the Premises any special locks, safes or apparatus for air-conditioning,cooling,heating,illuminating,refrigerating or ventilating the Premises without first obtaining the Landlord's written approval thereto. Locks may not be added or changed without the prior written agreement of both the Landlord and the Tenant. 76.When seeking any approval of the Landlord for Tenant repairs as required in this Lease,the Tenant will present to the Landlord plans and specifications of the proposed work which will be subject to the prior approval of the Landlord,not to be unreasonably withheld or delayed. 77. The Tenant will promptly pay all contractors,material suppliers and workmen so as to minimize the possibility of a lien attaching to the Premises or the Building. Should any claim of lien be made or filed the Tenant will promptly cause the same to be discharged. Landlord's Repairs 78. The Landlord covenants and agrees to effect at its expense repairs of a structural nature to the structural elements of the roof,foundation and outside walls of the Building,whether occasioned or necessitated by faulty workmanship,materials, improper installation,construction defects or settling,or otherwise,unless such repair is necessitated by the negligence of the Tenant,its servants, agents, employees or invitees,in which event the cost of such repairs will be paid by the Tenant together with an administration fee of fifteen percent(15%) for the Landlord's overhead and supervision. also,Any additions previous made by former tents which may or may not be up to code are the whole responsibility of the tenet. (ie air-conditioners,fans,electrical changes,light fixtures etc.The art studios are accepted in "as is" conditions. Care and Use of Premises 79. The Tenant will promptly notify the Landlord of any damage,or of any situation that may significantly interfere with the normal use of the Premises. 80. Vehicles which the Landlord reasonably considers unsightly,noisy,dangerous, improperly insured,inoperable or unlicensed are not permitted in the Tenant's parking stall(s), and such vehicles may be towed away at the Tenant's expense. Parking facilities are provided at the Tenant's own risk. The Tenant is required to park in only the space allotted to them. 81. The Tenant will not make (or allow to be made) any noise or nuisance which,in the reasonable opinion of the Landlord,disturbs the comfort or convenience of other tenants. 82. The Tenant will dispose of its trash in a timely,tidy,proper and sanitary manner. 83. The Tenant will not engage in any illegal trade or activity on or about the Premises. 84. The Landlord and Tenant will comply with standards of health, sanitation, fire, housing and safety as required by law. 85. The hallways,passages and stairs of the building in which the Premises are situated will be used for no purpose other than going to and from the Premises and the Tenant will not in any way encumber those areas with boxes,furniture or other material or place or leave rubbish in those areas and other areas used in common with any other tenant. Surrender of Premises 86. The Tenant covenants to surrender the Premises, at the expiration of the tenancy created in this Lease,in the same condition as the Premises were in upon delivery of possession under this Lease,reasonable wear and tear,damage by fire or the elements, and unavoidable casualty excepted, and agrees to surrender all keys for the Premises to the Landlord at the place then fixed for payment of rent and will inform the Landlord of all combinations to locks, safes and vaults,if any. All alterations, additions and improvements constructed or installed in the Premises and attached in any manner to the floor,walls or ceiling,including any leasehold improvements,equipment, floor covering or fixtures (including trade fixtures), will remain upon and be surrendered with the Premises and will become the absolute property of the Landlord except to the extent that the Landlord requires removal of such items. If the Tenant abandons the Premises or if this Lease is terminated before the proper expiration of the term due to a default on the part of the Tenant then,in such event, as of the moment of default of the Tenant all trade fixtures and furnishings of the Tenant(whether or not attached in any manner to the Premises) will,except to the extent the Landlord requires the removal of such items,become and be deemed to be the property of the Landlord without indemnity to the Tenant and as liquidated damages in respect of such default but without prejudice to any other righter remedy of the Landlord. Notwithstanding that any trade fixtures,furnishings, alterations, additions,improvements or fixtures are or may become the property of the Landlord,the Tenant will immediately remove all or part of the same and will make good any damage caused to the Premises resulting from the installation or removal of such fixtures, all at the Tenant's expense, should the Landlord so require by notice to the Tenant. If the Tenant, after receipt of such notice from the Landlord,fails to promptly remove any trade fixtures,furnishings, alterations,improvements and fixtures in accordance with such notice,the Landlord may enter into the Premises and remove from the Premises all or part of such trade fixtures,furnishings, alterations, additions,improvements and fixtures without any liability and at the expense of the Tenant,which expense will immediately be paid by the Tenant to the Landlord. The Tenant's obligation to observe or perform the covenants contained in this Lease will survive the expiration or other termination of the term of this Lease. Hazardous Materials 87. The Tenant will not keep or have on the Premises any article or thing of a dangerous, flammable,or explosive character that might unreasonably increase the danger of fire on the Premises or that might be considered hazardous by any responsible insurance company. Rules and Regulations 88. The Tenant will obey all rules and regulations posted by the Landlord regarding the use and care of the Building,parking lot,laundry room and other common facilities that are provided for the use of the Tenant in and around the Building on the Premises. Address for Notice 89. For any matter relating to this tenancy,whether during or after this tenancy has been terminated: a. the address for service of the Tenant is the Premises during this tenancy, and , ,Florida after this tenancy is terminated. The phone number of the Tenant is (561) 271-1776, and the fax number of the Tenant is ; and b. the address for service of the Landlord is 811 Belvedere Road,West Palm Beach,FL 33405,both during this tenancy and after it is terminated. The Landlord or the Tenant may,on written notice to each other,change their respective addresses for notice under this Lease. No Waiver 90. No provision of this Lease will be deemed to have been waived by the Landlord unless a written waiver from the Landlord has first been obtained and,without limiting the generality of the foregoing,no acceptance of rent subsequent to any default and no condoning,excusing or overlooking by the Landlord on previous occasions of any default nor any earlier written waiver will be taken to operate as a waiver by the Landlord or in any way to defeat or affect the rights and remedies of the Landlord. Landlord's Performance 91. Notwithstanding anything to the contrary contained in this Lease,if the Landlord is delayed or hindered or prevented from the performance of any term,covenant or act required under this Lease by reason of strikes,labor troubles,inability to procure materials or services,power failure,restrictive governmental laws or regulations,riots,insurrection, sabotage,rebellion,war, act of God or other reason,whether of a like nature or not,which is not the fault of the Landlord,then performance of such term,covenant or act will be excused for the period of the delay and the Landlord will be entitled to perform such term,covenant or act within the appropriate time period after the expiration of the period of such delay. Remedies Cumulative 92. No reference to or exercise of any specific right or remedy by the Landlord will prejudice or preclude the Landlord from any other remedy whether allowed at law or in equity or expressly provided for in this Lease. No such remedy will be exclusive or dependent upon any other such remedy,but the Landlord may from time to time exercise any one or more of such remedies independently or in combination. Landlord May Perform 93. If the Tenant fails to observe,perform or keep any of the provisions of this Lease to be observed,performed or kept by it and such failure is not rectified within the time limits specified in this Lease,the Landlord may,but will not be obliged to, at its discretion and without prejudice,rectify the default of the Tenant. The Landlord will have the right to enter the Premises for the purpose of correcting or remedying any default of the Tenant and to remain until the default has been corrected or remedied. However, any expenditure by the Landlord incurred in any correction of a default of the Tenant will not be deemed to waive or release the Tenant's default or the Landlord's right to take any action as may be otherwise permissible under this Lease in the case of any default. General Provisions 94. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs,executors, administrators, successors and assigns, as the case may be,of each party to this Lease. All covenants are to be construed as conditions of this Lease. 95. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be Additional Rent and will be recovered by the Landlord as rental arrears. 96.Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other's acts,omissions and liabilities pursuant to this Lease. 97. The Tenant will be charged an additional amount of$25.00 for each N.S.F. check or check returned by the Tenant's financial institution. 98. All schedules to this Lease are incorporated into and form an integral part of this Lease. 99. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa. 100.This Lease may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures. 101.Time is of the essence in this Lease. 102.This Lease will constitute the entire agreement between the Landlord and the Tenant. Any prior understanding or representation of any kind preceding the date of this Lease will not be binding on either party to this Lease except to the extent incorporated in this Lease. In particular,no warranties of the Landlord not expressed in this Lease are to be implied. IN WITNESS WHEREOF the Parties to this Lease have duly affixed their signatures under hand and seal,or by a duly authorized officer under seal,on this 4th day of December, 2017. Florida Arts Association, (Landlord) Per: (SEAL) (Witness) (Tenant) Per: (SEAL) (Witness) ©2002-2014 LawDepot.comTM 100.This Lease may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures. 101.Time is of the essence in this Lease. 102.This Lease will constitute the entire agreement between the Landlord and the Tenant. Any prior understanding or representation of any kind preceding the date of this Lease will not be binding on either party to this Lease except to the extent incorporated in this Lease.In particular,no warranties of the Landlord not expressed in this Lease are to be implied. IN WITNESS WHEREOF the Parties to this Lease have duly affixed their signatures under hand and seal,or by a duly authorized officer under seal,on this 4th day of December,2017. Florida Arts Association,(Landlord) Per: (SEAL) (Witness) (Tenant) Per: (SEAL) (Witness) 02002-2014 LawDepot.comTM L/ Project Item Quote Awning $ 833.53 Exterior Mural $ 2,000.00 AC Repair $ 2,200.00 Misc Repairs:Toliet, tile $ 5,550.00 *less $500 bench ineligible interior paint, interior flooring sealant Landscaping $ 2,241.00 Total Project Costs $ 12,824.53 50%CRA Reimbursement $ 6,412.27 Plus 20%Contingency $ 1,282.45 Total Grant Request $ 7,694.72 Awi 5028 N. Federal Hwy Lighthouse Point, FL 33064 Sales Representative: Jim ODonnell Phone Number: (954) 415-4504 hi . ti il. r r PRICE QUOTE CUSTOMER: Mike McCleary DATE: June 16, 2 2'1 MANUFACTURER SunSetter AWNING TYPE Fabric Replacement FABRIC/MATERIAL Laminated FABRIC COLOR TBD VALANCE TYPE TBD SIZE -WIDTH 18' PROJECTION 10' ,QUANTITY 1 AWNING FABRIC PRICE $529.00 INSTALLATION $250.00 SUBTOTAL $779.00 Freight Shi in Cha a $0.00 TAX 7% $54.53 PRICE TOTAL $833.53' Notes: From: ALEX LANAU ART, 561-779-4945 To: Shade Tree Studio, Michael McCleary 410 W. Industrial Ave. Boynton Beach FL, 33426 (561)271-1776 A quick note about the artist: Alex's art has been exhibited in major cities coast to coast, including Los Angeles, San Diego (CA), Seattle (WA), San Antonio (TX), Wrightsville Beach (NC), and Belmar(NJ). His work has been showcased in popular magazines including Sports Illustrated, Maxim, Surfer, and Surfing; he was a regular guest of San Diego's CBS Morning Show. His large-scale murals decorate the walls of public and private buildings and surf-charter boats around the globe and his paintings hang in a house on every continent. South Florida occasionally plays home to Alex and his work can be seen around the region. Some of his most notable large-scale works in the area include the mural outside Grandview Public's Gypsy Life Surf Shop, located at 1401 Clare Ave in West Palm Beach, and the entire inside of SURF TACO in Jupiter FL. We believe Alex's work would be a treasure for the city of Boynton Beach, and be a welcomed sight on the walls in the blooming Boynton Beach Arts District! Proposed Mural: s � rte' £ 5 j b a r Location: 410 W. Industrial Ave, Boynton Beach FL, 33426 uote ■ rice■ $200OChecks payable to Alex Lanau The first image is a picture of the proposed mural space as it looks currently. 1 i a (q—Z-'Ib m e` Ex `a, I m t ` r T ^'f a a s Below is a sketch mock-up of the new mural Alex is proposing for the south facing bay doors at 410 W. Industrial Ave. r: _gym Here are examples of some of Alex's large scale works. ffiJ n: ka ° r A � Ll � a } W� PF R-ii �t u mow. . -�._,._.._..n.._ .. ,� ^�� maim.,x9 _,��m„ e-�•�„- ,mm�r Nom,} �- ° �•ri � � 6 lzi Lai ME 1 t' 4 � Mt h � j flJlll�lll�I ! N Rif iIs i`r n tm�; Proposal/ Quote All Dea Air Conditioning LLC. INVOICE#358 CAC 1820305 DATE: 5/24/2021 121 SW 2511 Ave Boynton Beach, FL 33435 Phone (561) 306-7794 AttDeaHVAC@gmaii.com TO Mike McCleary Boynton Beach Studio TECHNICIAN/SALESMAN JOB PAYMENT TERMS DUE DATE o Aaron McCleary Studio � 1/2 payment on Final On Completion approval/signature QTY DESCRIPTION UNIT PRICE LINE TOTAL Remove all existing ductwork and replace with flex, I (14 drops) mixing boxes, cans/ diffusers, collars and grilles. All ductwork will be UL181 sealed/ taped, Panduit and wE, . mastic. Ductwork will be hung/strapped. -Build/install new plenum. «00 SUBTOTAL SALES TAX (tax included) TOTAL 2,200,00 This is a quotation on the goods named,subject to the conditions noted below: All parts and labor have 1-year warranty by All Dea Air Conditioning and all other warranties are thru manufactures of parts. 1-year warranty does NOT include drain line clogs/repairs. Customer is responsible to register unit and is aware that unit(s)installed is/are permitted by the city/county/state. To accept this quotation,sign here and return: THANK YOU FOR YOUR BUSINESS! HOME ANGELS PL8mmi I imin ammE I Moto Home Angels Shade Tree Music Studio, LLC 410 W Industrial Ave Boynton Beach,FL 33426 (561) 271-1776 mangodrums@yahoo.com ESTIMATE #2886 ESTIMATE DATE Jul 03, 2021 TOTAL $6,050.00 CONTACT US 1300 W Industrial, 107 Boynton Beach,FL 33426 (855) 938-2374 operations@homeangelsfl.com ESTIMATE Services qty unit price amount CONSTRUCTION:PAINT-Paint(Up to 1000SF):Upfront Price 1.0 $1,600.00 $1,600.00 Paint all walls (2 coats) Client responsible for moving personal property CONSTRUCTIOMPAINT - Coat Flooring with Rexthane Industrial 1.0 $2,000.00 $2,000.00 Coating Includes prep, labor and materials CONSTRUCTION:CARPENTRY-Carpenter 1.0 $500.00 $500.00 Rebuild outside bench PLUMBiNG:TOILET REPAIRS & REPLACEMENTS - Install New 1.0 $450.00 $450.00 Toilet Includes toilet,labor and materials CONSTRUCTION:TILE-Tile(Custom Price) 1.0 $1,500.00 $1,500.00 Tile bathroom,4' up around perimeter,excludes tile. Subtotal $6,050.00 Tax(Palm Beach County 7%) $0.00 Total $60050,00 APPROVE DECLINE Only amazing people choose Home Angels;thank you for being amazing!! Home Angels I CGC1519390, https:flhomeangelsfi.com CFC1428482,MRSR2409 (https://www.housecal I pro.com/features/estimating-software/?utm_source=esti mate&utm_med ium=in- product&utm_content=logo- 1&utm_campaign=estimate&mc=product&msc=estimate&email=mangodrums@yahoo.com) r INVOICE Green Queen's Garden LLC 1118 N L St, � Lake Worth Beach, FL 33460Na ' Phone: 716-341-3248 Email:Greenqueensgarden@gmail.com INVOICE#002 DATE: 6/30/2021 - U11IN QUEEN 1 1 GA'TIN TO: Mike McCleary Shade Tree Studios COMMENTS OR SPECIAL INSTRUCTIONS: Labor: Clean up trash/waste, Demo current plants, Mulch, Install Plants, Design QUANTITY DESCRIPTION UNIT PRICE TOTAL 20 Labor Hours $60.00 $1,200.00 1 Mulch, Soil,Amendments $200.00 $200.00 1 Remove Invasive Brazilian Pepper $250.00 $250.00 (Quantity Noted) Fruit Trees 3g: Mango,Avocado, Papaya, Strawberry Tree, $355.00 $355.00 Mulberry, Barbados Cherry, Monstera, Banana(3) (Quantity Noted) Bamboo Wall (6), Mexican Sunflower(7) $190.00 $190.00 Other Plants: Moringa, Longevity Spinach, Cranberry (Quantity Noted) Hibiscus (2) $46.00 $46.00 SUBTOTAL $2,241.00 SALES TAX N/A SHIPPING & HANDLING N/A TOTAL DUE $2,241.00 Make all checks payable to Green Queen's Garden LLC If you have any questions concerning this invoice, contact Shannon Lalime, 716-341-3248 THANK YOU FOR YOUR BUSINESSI 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: July 13, 2021 CRA PROJECTS IN PROGRESS AGENDAITEM: 14.A. SUBJECT: Rock the Block Recap SUMMARY: EVENT DETAILS On Saturday, June 12, 2021, the Boynton Beach CRA hosted the Rock the Block event in Downtown Boynton Beach along East Ocean Avenue between NE 31d Street and Federal Highway. Event details are as follows: The multi-block event featured live music from the band The Flyers, food from downtown restaurants, kids'activities, and exhibits from local Boynton Beach businesses. Event attendees were encouraged enjoy the festivities, stroll the avenue, shop with merchants, and dine at restaurants. Participating businesses included: Artsy Living, Boardwalk Italian Ice & Creamery, Dr. Archacki, D.D.S, P.A., E&C Beauty Salon Experience, East Ocean Cafe, Guaca Go, Pio Pio, Property Damage Consultants, The Butcher & The Bar, The Sol Oasis, and Your CBD Store. For the event, we launched a special Boynton Beach Bucks promotion where event attendees could receive a $5 voucher that was redeemable at Hurricane Alley, Guaca Go, Pio Pio, The Butcher & The Bar, and East Ocean Cafe. In total, 158 vouchers were redeemed during the event. In an effort to engage the community and obtain demographic information, event patrons were encouraged to complete a short feedback survey. The results (Attachment 1) from the 234 surveys collected indicate the following: o Are you a Boynton Beach resident? ■ Yes -67% ■ No - 33% o Have you dined in downtown Boynton Beach before this event? If so, please select all of the restaurants that you have previously visited. ■ I have never dined at a Downtown Boynton Beach restaurant—25% ■ Hurricane Alley— 68% ■ Guaca Go—26% ■ Pio Pio—21% ■ The Butcher& The Bar— 32% ■ East Ocean Cafe — 35% o How did you hear about the Rock the Block event? ■ Social Media -44% ■ Email -2% ■ Poster/Street Sign -22% ■ Newspaper/Magazine -3% ■ USPS Mailed Flyer-2% ■ From a friend/family member-27% Event photos can be viewed at www.flickr.com/photos/boyntonbeachcra EVENT MARKETING PLAN Posters - One hundred and fifty (150) 12.5" x 18.5" branded posters were distributed to businesses throughout the BBCRA area, Boynton Beach breweries, and at City of Boynton Beach municipal buildings to assist with promoting the event. (see Exhibit A). Cost: $84.50 Postcards — An 8.5" x 11" Every Door Direct Mailer promoting each of the five (5) BBC RA summer events was created and distributed to 11,000 homes in Boynton Beach, Delray Beach, and Greenacres. In attempt to reach the western community of Boynton Beach and other surrounding cities, the mailer was sent to the following zip codes: 33463, 33473, 33467, and 33483. (see Exhibit B). Overall Cost: $2,896.27 (cost per event$579.25) Signage — Street signs for the Rock the Block event were installed in 6 locations in Boynton Beach to inform the community about the event (See Exhibit C). Cost: $860.00 Coastal Star- In June, a full-page ad featuring both the Rock the Marina and Rock the Block events was published. The Coastal Star newspaper serves the eastern community of Hypoluxo Island, South Palm Beach, Manalapan, Ocean Ridge, Briny Breezes, Gulf Stream and coastal Delray which reaches out to that specific demographic. (See Exhibit D). Cost: $525.00 Gateway Gazette- In June, a full-page ad featuring both the Rock the Marina and Rock the Block events was published. The Gateway Gazette is a publication serving Boynton Beach, Lantana, Hypoluxo, Atlantis, South Palm Beach, Manalapan, Ocean Ridge and Briny Breezes. (See Exhibit E). Cost: $329.00 Social Media - Staff created graphics, custom content, and social media ads to promote the event on the CRA's Facebook, Instagram, and Twitter pages. Two paid Facebook ads were created for the CRA Facebook page to promote the event and attract certified divers to participate in the Lionfish Derby. (See Exhibit F) Cost: $150 FISCAL IMPACT: FY 2020-2021 Budget, Project Fund, Line Item 02-58500-480 $10,000 and $3,000 for marketing CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action is required from the CRA Board at this time. ATTACHMENTS: Description D Attachment I -Survey Results D Exhibits A- F Boynton Beach Bucks - Rock the Block Q1 Are you a Boynton Beach resident? Answered: 232 Skipped: 2 Yes No a 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Yes 66.81% 155 No 33.19% 77 TOTAL 232 1 /4 Boynton Beach Bucks - Rock the Block Q2 Have you dined in Downtown Boynton Beach before this event? If so, please select all the restaurants that you have previously visited. Answered: 231 Skipped: 3 I have never dined at a... HurricaneAlle Guaca Go \1�.. Pio Pio ;l } The Butcher& The Bar I East Ocean Cafe 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES I have never dined at a Downtown Boynton Beach restaurant. 25.11% 58 Hurricane Alley 67.97% 157 Guaca Go 25.54% 59 Pio Pio 21.21% 49 The Butcher&The Bar 31.60% 73 East Ocean Cafe 35.06% 81 Total Respondents: 231 2 /4 Boynton Beach Bucks - Rock the Block Q3 How did you hear about the Rock the Block event? Answered: 234 Skipped: 0 Social Media Email Poster/Street Sign Newspaper/Magazu{JQ i n e�\+tti t4 USPS Mailed Flyer s From friend/famil 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Social Media 44.44% 104 Email 1.71% 4 Poster/Street Sign 21.79% 51 Newspaper/Magazine 2.99% 7 USPS Mailed Flyer 1.71% 4 From a friend/family member 27.35% 64 TOTAL 234 3 /4 Boynton Beach Bucks - Rock the Block Q4 If you would like to be entered into a drawing to receive gift certificates to Rock the Block businesses, and subscribe to the BBCRA email list for future Boynton Beach Bucks deals please enter your email below. Answered: 130 Skipped: 104 4/4 Exhibit A - Event Poster Mill LIM OYNTON BEACH ' a Exhibit B — Postcards JOIN US FOR1 'EK KK k h� �` , I)i3i ?�, ��� '��1�� ,, Rgli I IIHIM THE € i t BOYNTON BEACH BBYNTBN BEACH JUNE lZnl JULY 17TH 5 - 9 PM 5 - BPM MUSIC BY MUSIC BY THE FLYERS SPRED THE DUB EXPLOREDINTO NE S � u � r� . I; EXPLORE ONE BOYNTON PLAN t SO SS SUPPORT LOCA BUSINESSES LEARN MORE ABOUTAT R9LTK ■ WISEB11Y AUGUST 2F 3 - 6PM II I640 E. OCEAN AVE. @ MUSIC BY REGGAE SOULANS EXPLORE OCEAN PLAZA 6 SUPPORT LOCAL BUSINESSES •••••••••,EGfltiYSS.E�dM:••• Interpreter available upon request. Contact CoppinM@bbfl.us or 561.600.9097. ` P oc�©mei Exhibit C — Signage r P it C. 91I6I1 I�IkE�I III��II 11 11 11; �,! , 1 11 11 11 11 11 11 ■ 8DYNT [IN BEACH VIII IIIIII Re Itlllll 11 11 � iii'� 11 11 i BOYNTON BEACH Exhibit D — Coastal Star F R"WAE l l��� 1 Y � �y� iC33 J{� BTiYNTLIN FNEA.C'N4 ( BUYNTNlN BEACH JUNE 12'm JULY 17TH 5 - 9PM 5 - 8P1100 , ® a 01 u d FEDERAL! .. ■ USE By M SIE By THE FLYERS SPRED NE DUB EXPLORE DO NTO N �r j° ` '' ` u� �7 'f ,�,���¢ EXPLE1�RE PIKE BOYNTO PLAZA 6 SUPPORT LO6AC BUSINESSES � 'V , .4 1��L SUPPORT LOCAL BUSINESSES ■ ■Mit K .t BNIYNNTON BEACH` AUGUST 218T 3 - 6PM' E. OCEAN AVE. Music B1y, RESSM SUMAHS EXPLORE OCEAN PLAZA Cr SUPPORT LOCAL BUSINESSES Exhibit E — Gateway Gazette 7,,""�,�itr Y l IIIA h r' s. ,€ — 1s �is�ly}��»�ih� f 4�M1 1 1 l I 1 ? �,��v '�{t X111{Vq 1" MARINA tt MEN I 1� {{�•t�� �,all��- �� r���`�}.����+ BOYNTHN BEACH JUNE 12TIl 5 - 9P 100 N.E. music BY THE FLYERS l } EXPLORE OOWNTNWN SUPPORT LOCAL BUSINESSES LEARN MORE ABOUT THESE FEE EVENTS AT Y T EACH + ��U�s�Prow"'. III, PRESENTED B�yY�/ BOY I\ 1T 1../ b� ^nidoSS{��jY �4(�1 E`er tYY =BE �'H CRA � t COMMUNITY REDEVELOPMENT AGENCY Exhibit F — Social Media Performance far Y.-Pos#. y i3on Beach CRA ••• ... 1— t4 925 Rock 4he 8{ Y tan3n &- e h s a family-{ d y event and ?4 vi 1174atu net,)oC FREE W aclivites.in:udrg fa.e-Painting.a bounce houea.�and sidevralk art. ,loin us Ih' Saturday and bring the a n.le family' 18 7 11 1 t 7 6 i 0 © 0 °r 2 2 0 y r 4 nurN,r�w ®Exce 19 NETiATIVE FEEL1Li.CK t, 7 apY Get M.-Likes,tamments and Shares When you boost Ibis D.,yeu':I mew Ata mere people. 826 .I.c..l 49 Vvinc Past Shares Se=NOwics fer All Wd:=os Pe€for7nance for'youl Post Boyr i Beach CPA a-Ive. ^ 4 _1 0 706 Rock.the BI r Downimn Bcyrion Beach,has begun- 463 .. Ge,to#r`a f ,nBv,,P n2 hto­Ili Rhe funl 1E 0 t q 9 4 0 i. ._. 0 , B 8 0 724 sa s sa 1 Is r Che,, NEGATIVE FEESEf+.t;.K E; Get NroeLva..es,GonmeMe and Shares. b .. 6 till: Moen; roast the Fe i Ishr,w•itt •ire Pea➢;e. 798 189 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: July 13, 2021 CRA PROJECTS IN PROGRESS AGENDAITEM: 14.13. SUBJECT: Rock the Marina& Lionfish Derby Recap SUMMARY: EVENT DETAILS On Saturday, June 26, 2021, the Boynton Beach CRA hosted the Rock the Marina & Lionfish Derby at the Boynton Harbor Marina. Event details are as follows: The twenty-eight divers that participated in the Lionfish Derby removed 145 lionfish from the waterways. For the event we partnered with seven businesses that are located within the CRA area: Boynton Beach Dive Center, Splashdown Divers, Starfish Water Sports, Driftwood, Organic Kitchen and Mercantile (OK&M), The Boardwalk Italian Ice & Creamery, and Marina Cafe. To provide additional exposure for local restaurants the event featured a lionfish cleaning and preparation presentation from Driftwood and a lionfish cooking demonstration from Organic Kitchen and Mercantile (OK&M). In an effort to engage the community and obtain demographic information, event patrons were encouraged to complete a short feedback survey. The results (Attachment 1)from the 30 surveys collected indicate the following: o Are you a Boynton Beach resident? ■ Yes -63% ■ No - 37% o Have you visited the Boynton Harbor Marina before this event? ■ Yes -73% ■ No -27% o Have you eaten at any of the Boynton Harbor Marina restaurants before this event? ■ I have not eaten at any Boynton Harbor Marina restaurant-7% ■ Banana Boat- 83% ■ Two Georges - 83% ■ Marina Cafe - 33% o Have you ever booked a charter from the Boynton Harbor Marina? Please select all that apply. ■ I have never booked a charter-62% ■ Fishing -24% ■ Diving - 10% ■ Boat Rental -7% ■ Jet Ski Rental - 14% ■ Parasailing - 3% ■ Pleasure Cruise - 0% o How did you hear about the Rock the Block event? ■ Social Media -23% ■ Email - 17% ■ Poster/Street Sign -20% ■ Newspaper/Magazine - 10% ■ USPS Mailed Flyer- 7% ■ From a friend/family member-23% Event photos can be viewed at www.flickr.com/photos/boyntonbeachcra EVENT MARKETING PLAN Posters - One hundred and fifty (150) 12.5" x 18.5" branded posters were distributed to businesses throughout the BBCRA area, Boynton Beach breweries, and at City of Boynton Beach municipal buildings to assist with promoting the event. (see Exhibit A). Cost: $84.50 Postcards — An 8.5" x 11" Every Door Direct Mailer promoting each of the five (5) BBC RA summer events was created and distributed to 11,000 homes in Boynton Beach, Delray Beach, and Greenacres. In attempt to reach the western community of Boynton Beach and other surrounding cities, the mailer was sent to the following zip codes: 33463, 33473, 33467, and 33483. (see Exhibit B). Overall Cost: $2,896.27 (cost per event$579.25). Signage — Street signs for the Rock the Marina event were installed in six (6) locations in Boynton Beach to inform the community about the event (See Exhibit C). Cost: $860.00 Coastal Star- In June, a full-page ad featuring both the Rock the Marina and Rock the Block events was published. The Coastal Star newspaper serves the eastern community of Hypoluxo Island, South Palm Beach, Manalapan, Ocean Ridge, Briny Breezes, Gulf Stream and coastal Delray which reaches out to that specific demographic. (See Exhibit D). Cost: $525.00 Coastal Angler - In June, a quarter-page ad was published to promote the Rock the 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 issues in circulation monthly, the magazine's audience includes Palm Beach, Broward, Dade, and Monroe Counties. (See Exhibit E). Cost: $300.00 Gateway Gazette- In June, a full-page ad featuring both the Rock the Marina and Rock the Block events was published. The Gateway Gazette is a publication serving Boynton Beach, Lantana, Hypoluxo, Atlantis, South Palm Beach, Manalapan, Ocean Ridge and Briny Breezes. (See Exhibit F). Cost: $329.00 Social Media - Staff created graphics, custom content, and social media ads to promote the event on the CRA's Facebook, Instagram, and Twitter pages. Three paid Facebook ads were created for the CRA Facebook page to promote the event and attract certified divers to participate in the Lionfish Derby. (See Exhibit G) Cost: $200 FISCAL IMPACT: FY 2020 - 2021 Budget, Project Fund, Line Item 02-58500-480, $25,000 for the event and $2,877.75 for marketing. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action is required from the CRA Board at this time. ATTACHMENTS: Description D Attachment I D Exhibits A-G Rock the Marina Q1 Are you a Boynton Beach resident? Answered: 30 Skipped: 0 Yes No a 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Yes 63.33% 19 No 36.67% 11 TOTAL 30 1 /6 Rock the Marina Q2 Have you visited the Boynton Harbor Marina before this event? Answered: 30 Skipped: 0 l4 Yes No. 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Yes. 73.33% 22 No. 26.67% 8 TOTAL 30 2 /6 Rock the Marina Q3 Have you eaten at any of the Boynton Harbor Marina Restaurants before this event? Please select all that apply. Answered: 30 Skipped: 0 1 have no eaten at any.. E A Banana Boat SEEM Two Georges Sl 01I'll) Marina Cafes3s1is1 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES I have not eaten at any Boynton Harbor Marina restaurant. 6.67% 2 Banana Boat 83.33% 25 Two Georges 83.33% 25 Marina Cafe 33.33% 10 Total Respondents: 30 3 /6 Rock the Marina Q4 Have you ever booked a charter from the Boynton Harbor Marina? Please select all that apply. Answered: 29 Skipped: I Ihavenever - -P j booked a... Fishing Diving Boat Rental Jet Ski Renta , Parasailing Pleasure Cruise 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES I have never booked a charter. 62.07% 18 Fishing 24.14% 7 Diving 10.34% 3 Boat Rental 6.90% 2 Jet Ski Rental 13.79% 4 P aras ai I i ng 3.45% 1 Pleasure Cruise 0.00% 0 Total Respondents: 29 4/6 Rock the Marina Q5 How did you hear about the Rock the Marina event? Answered: 30 Skipped: 0 Social Media � u-�,� s Email Poster/Street Sign pl i, Newspaper/Magazjk w��f ine, �,� �t\ �` ' USPS Mailed " Flyer ! §IFrom friend/famil 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Social Media 23.33% 7 Email 16.67% 5 Poster/Street Sign 20.00% 6 Newspaper/Magazine 10.00% 3 USPS Mailed Flyer 6.67% 2 From a friend/family member 23.33% 7 TOTAL 30 5 /6 Rock the Marina Q6 If you would like to subscribe to the BBCRA email list for future Boynton Beach Events and Promotions please enter your email below. Answered: 12 Skipped: 18 6/6 Exhibit A - Event Poster trt�r� ( -IEF , ® i Exhibit B — Postcards JOIN US FOR1 'EK KK k h� �` , I)i3i ?�, ��� '��1�� ,, Rgli I IIHIM THE € i t BOYNTON BEACH BBYNTBN BEACH JUNE lZnl JULY 17TH 5 - 9 PM 5 - BPM MUSIC BY MUSIC BY THE FLYERS SPRED THE DUB EXPLOREDINTO NE S � u � r� . I; EXPLORE ONE BOYNTON PLAN t SO SS SUPPORT LOCA BUSINESSES LEARN MORE ABOUTAT R9LTK ■ WISEB11Y AUGUST 2F 3 - 6PM II I640 E. OCEAN AVE. @ MUSIC BY REGGAE SOULANS EXPLORE OCEAN PLAZA 6 SUPPORT LOCAL BUSINESSES •••••••••,EGfltiYSS.E�dM:••• Interpreter available upon request. Contact CoppinM@bbfl.us or 561.600.9097. ` P oc�©mei Exhibit C — Signage ,,,,,,,,,,,, mv 2�1 i'i g Mm wIJy � fj{£ ROCK 'r sTHE { }k } c � yi ■■ (,, -1� l� �- (�lA � it 41) ik I � �E�11 �E 1y� tf. 1 i CILIUM I Iry riffial �11t tit �{ m e r ��.t THEr tt}Eti� t t. l R ut v+ k 4�{{mug iti t�It Exhibit D — Coastal Star F R"WAE l l��� 1 Y � �y� iC33 J{� BTiYNTLIN FNEA.C'N4 ( BUYNTNlN BEACH JUNE 12'm JULY 17TH 5 - 9PM 5 - 8P1100 , ® a 01 u d FEDERAL! .. ■ USE By M SIE By THE FLYERS SPRED NE DUB EXPLORE DO NTO N �r j° ` '' ` u� �7 'f ,�,���¢ EXPLE1�RE PIKE BOYNTO PLAZA 6 SUPPORT LO6AC BUSINESSES � 'V , .4 1��L SUPPORT LOCAL BUSINESSES ■ ■Mit K .t BNIYNNTON BEACH` AUGUST 218T 3 - 6PM' E. OCEAN AVE. Music B1y, RESSM SUMAHS EXPLORE OCEAN PLAZA Cr SUPPORT LOCAL BUSINESSES Exhibit E — Coastal Angler ROC THE 11011 M Exhibit F — Gateway Gazette 7,,""�,�itr Y l IIIA h r' s. ,€ — 1s �is�ly}��»�ih� f 4�M1 1 1 l I 1 ? �,��v '�{t X111{Vq 1" MARINA tt MEN I 1� {{�•t�� �,all��- �� r���`�}.����+ BOYNTHN BEACH JUNE 12TIl 5 - 9P 100 N.E. music BY THE FLYERS l } EXPLORE OOWNTNWN SUPPORT LOCAL BUSINESSES LEARN MORE ABOUT THESE FREE EVENTS AT Y T EACH + ��U�s�Prow"'. III, PRESENTED B�yY�/ BOY I\ 1T 1../ b� ^nidoSS{��jY �4(�1 E`er tYY =BE �'H CRA � t COMMUNITY REDEVELOPMENT AGENCY Exhibit G — Social Media Performance for Your Post Boynton Beach CRA 1,872 Gong ratulations to the.vinner,of the Lionfish Derby! 111 145 lionfish wee successfully eradicated from She Boynton Beach w aoersi 89 68 20 0"1", 9 9 0 1 0 1 5 4 1 122 24 0 91, Get M-Likes; ­1 Shil­ Wh.en y—b-.t ihi.,post-y..'il h..,t to m.,.people. NEGATIVE FEEDBACK 1,872 233 Fl�­.Fl­h,J Perforrinance for Your Post Boynton Beach CRA 621 The honfish are arriving and RoCkIlle Marina Ltonfis li Derb,,is about to 19 begin, Visit the Sonon Harbor Miami-,Iouay to rook out to some great music enjoy some Honfish asfings.and leam about in Boynton 19 19 0 R_'h 0 0 0 0 to 0 P, 29 ti rf� 11 6 12 NEGATIVE FEEDBACK 0arr 16 Q ,,dO Get M.r.Lakes.Camanemais and Sh.... VJh..,y—b.—u,i.post.y..11.,.w a t7.n,.,.people:. 621 48 r`aIpie R­cr­,i mg aga)­'n Performance for Your Post B oyn ton Beach C Ra.was live as Qj 870 Rock the IIanra&I-Ionfish Derby is happening now at the Brynlon Harbor 562 ecu,lvm- Manna Enoy live music fon n 2-5 from Vbe4 Farm and Spider C•bew� 2 9 20 15 5 DOs'l 158 4 101 rj��Aj-i,, 4 IN,r NEGA71VE FEEDEACK 0 '0 Get M Likes Co-.—t. nd Sh— At—V-coos tp t.yo sh wit t s as 'e.p. 8170 187 �,gge rs I Comment SShare, 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: July 13, 2021 CRA PROJECTS IN PROGRESS AGENDAITEM: 14.C. SUBJECT: Marketing and Social Media Update SUMMARY: SOCIAL MEDIA INITIATIVES The BBCRA social media platforms were utilized to promote local business offerings and provide updates about BBCRA initiatives 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: Mak Lash & Beauty, Sushi Jo, and The Zoo Health Club. See Attachment I for a full listing of the Facebook posts that were published in June. PRINT MARKETING BDB Profile - In June, a full-page ad was published to the Business Development Board's Profile magazine to promote some of the incentives that are available to new and existing businesses located within the BBCRA area. Profile magazine is a professional business publication that features information about the local economy, industry overviews, and a directory to showcase participating Palm Beach county businesses. Cost: $1,800 (Exhibit A) Coastal Star - In June, a full-page ad was published to promote the commercial marine charters located at the Boynton Harbor Marina. The Coastal Star newspaper serves the eastern community of Hypoluxo Island, South Palm Beach, Manalapan, Ocean Ridge, Briny Breezes, Gulf Stream, and coastal Delray which reaches out to that specific demographic. Cost: $1,900 (Exhibit B) Florida Sport Fishing - In June, a quarter-page ad was published to promote the commercial dockage availability at the Boynton Harbor Marina. Florida Sport Fishing is a multimedia resource for fishing and boating. The bi-monthly magazine connects fishing and boating related businesses with millions of residents and visiting anglers looking to enjoy natural resources in Florida. Cost: $737 (Exhibit C) Funfare Magazine - In June, a full-page ad was published to promote the commercial diving, fishing, boating, jet ski, and parasailing charters that operate out of the Boynton Harbor Marina. The Funfare magazine is a quarterly publication that is produced by the City of Boynton Beach Parks & Recreation Department. Cost: $0 (Exhibit D) Gateway Gazette - A full-page ad was published in the publication, the week of June 14th, to encourage residents to consider a marine-based activity as a way to celebrate Father's Day. The ad featured contact information for the following marine categories: Fishing charters, boat rentals, drift fishing, parasailing trips, jet ski rentals, scuba diving charters, and pleasure cruises. Cost: $452 (Exhibit E) Neighborhood News - In June, a full-page ad was published to encourage residents to consider a marine-based activity as a way to celebrate Father's Day. The ad featured contact information for the following marine categories: Fishing charters, boat rentals, drift fishing, parasailing trips, jet ski rentals, scuba diving charters, and pleasure cruises. Cost: $450 (Exhibit F) FISCAL IMPACT: FY 2020- 2021 Budget, Project Fund, Line Item 02-58400-445, Marketing $2,702; General Fund, Line Item 01-57400-216, Marina Marketing $2,637. CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action required unless otherwise determined by the CRA Board. ATTACHMENTS: Description D Attachment I - Facebook Posts D Exhibits A-F June Facebook Posts 0&30/2022 1 Seat the Summer heat vvtt 250 +s.r carne detzus acai f"orr i 05.'29;2021 Ef ective;y rtrmer,stely th* vd 475 5ayntcn mss&CR.u.,-ws sary 9 05 a9u 21 Don't mi t^e C ty cf191 7 � 3 sys � �"�, syn?rn s I 0151V2021 A4,re Oonns need a b,gger1 1 K 79 B. 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Ch]Ws AhPW Charfin Loggertmad Entmpir e (w)w- Fal, S�`s"h1�+s�a�11t1a�s���1 n1sat�es�l�s,zr�a� �k4� ha}ra����ral k� Sa�ihs�dChr�aT> �,[ias Gummkirown 11i Clams 1r*qcw4QI jet Ski kwrrtcah Fish Envy Spkabdown DN*rs (661) 644 IS&II"S.0612 (SO)4Si.76Ab JS"f)7 0712 GUmik"m36tAcfiUb.f0ffl, auN Iu rs. as ru hocagatenfidwingChaders.,con hdanwn[)fas,r„aaava 100co(M 11 B044 ROOM$ Ham'f Tlrrae Spert (66 1)73S-0612 Fishing Cherry Sidtfish sewlo wnrrelsarra rsrom SaeAIM INDPWIPikhlra (S41)4W.TZ07 p4t)312•219 lSb#1732.,�p7# Hanidbrumthadium-rom Siarflmhscioba.caarrc Moot HMO FIANINO Ciaw MOM Und rwefasc impiwoti Found of 511 @a 1 73 .3547 iFraar�,r s j6di1703419 1�c7 a 1stlta a�9a 15411$5777rMU (561)735-1433 iaua lS aCfwr�l rs. a,r mtre4ay ton&ecjc a. am killubw Hours C rs (9611448,3366 60VnIvirt Beach 1`0103ae g tl�l iaf llaawcs rs.ccm (ru1.)agq®a q b± h� �cf �1 � 15.�r4 � Sira ,ttirl Exhibit C — Florida Sports Fishing A k A jk I j , Exhibit D — Funfare If 60 No, Like a Local Like, a Local T LAV Like a Like a Local ............ ........... V, Boynton Beach Boat Rentals Boynton Beach Jet Ski Rentals Chip's Ahoy Charter Loggerhead Enterprise (561)735-2149 (561)735-2149 (561)436-1417 (561)588-8686 BoynionBoutRentals.com BoyntonBoatRenta[s.com ChipsAhoyCharters.com LoggerHeadCharters.corn Gutistrearn,Boat Club Intracoastal Jet Ski Rentals Fish Envy Splashdown Divers (561)865-7797 (561)735-0612 (561)451-7646 (561)736-0712 GutlstreamBoatClub.com WaveJumpers.corn BocaRatonFishingCharters.com SplashdownDivers.com Intracoastal Boat Rentals Ham'r Time Sport (561)735-0612 Fishing Charters Starfish Scuba WaveJumpers.com Sea Mist III Drift Fishing (561)685A207 (561)212-2754 (561)732-9974 HamrrimeCharters.com StarfishScuba,com WestPaImBeachFIshlngFI.com MillerTime Fishing Charters Underwater Explorers Limbo Charters Found of Sea (561)732-3597 (561)577-3326 (561)735-1433 (561)703-8190 MillerTimeFishing.com DiveBGynionBeach.com FoundAtSeaCharters.com LlmboCharters.com Billable Hours Charters (561)866-3366 Boynton Beach Parosailing BillableHoursCharters.com (561)359-8359 BoyntonBeachParasailingi.com AVSs i pynton BOYNTO CD A 71drbor =BE I\t-\ �au COMMU NITY REDEVELOPMENT AGENCYMwl Aarina SHIP STORE FUEL INFORMATION - �561-735-7955 0 735 CASA LOMA BLVD, vvww. Boynton HarborM ari na.cQm Exhibit E — Gateway Gazette Will O. w s r ` � s44�1�.Ca �iVa 14, n 48 s, 1 .. e ti � FISHING CHARTERS BOAT MENTALS TET SISI RENTALS Billable Hours Charters Boynton Beach Boat Dentals Boynton Beach Jet:Ski Rental 561-866-3366 561-735-2149 561.735.2149 hsJlablehm arters_ t3nBoat entat: nBoa[Renlat.cern Chirs Ahoy Charter GLAIstrearn Brat Club Intracoastal Jet Ski Rentals 561.43614 17 561.665.7797' 561.735.06612 aha a corn gulfstBarnboatclub.00m WaVEULIMPOPS.COM Fists Envy Intracoastal Boat Rental, SCUBA DIVING CHARTERS 561.45'1.7648 561.735.0612laslr Divers at�atDnFishing arters.com Wav urnpers.com I 36.0712 splashivers.c Harn'rTime Sport Fshing Charters DRI:ETFISHING Starfish trn trftstScxr6a S 56x1_6851207' Seamist III 5tta ' t hameait s,c n 561.732.9974 StaTfishScuba-com seamist1ccIrn MllerTffne Fishing Charters 561.732.3597 or 561.789.9376 PARASAILINC TRIPS Lm erhead Enterprise rrrillertimefishftig.com Boynbn Beach Parasa ting 561-M&Wal] 561-359-8359 loggerheadcharters-corn Found,At Seal Charters boyntanbeachparasaffing.com' PLEASURE C:RLlI E 561-703 8190 ibund stseactaarters corn Umbo Charters 5617351433 lim a t corn Exhibit F — Neighborhood News f t SYS h , FISHING CHARTERS BOAT RENTALS JET SKI RENTALS Billable Hours Charters Boynton Beach Boat Rentals BDyntDn Beach stet Ski Rental 561.1166.3366 561.735.2149 561.735.2149 biflablehourscharters.carn BoyntonBoatRerit2l.ccim BoyntonBoatRentals.coni Chip's Ahoy Charter GLAIstream Boat Ctu6 Intracoastal,tet Ski RentaFs 561.436.1417 5611 865.7797' 561-735-0612 ripsahoycharters coo gu xboatdub ' veejrr�r�pars com Fish Envy Intracoastal Boat Rental SCUBA DIVING CHARTERS 561.4517646 561.735.[16'12 �plash [Avers 213alonFlshingCharlers_corrr wawejurnpers.corn 56173611712 splash vers_corrr 1larrr'r7-rwR Sport Fishing Charters DRIFT FISHING rfitsh 561'68512117' Searnist III Sta rha 212'2951 harrrrtirrrechartr .corrr 561.732.9974 searnrsl3. St�fisla8ctrtta_conr Miller Tirne Fishing Charters Loggerhead Enterprise 5617323597.or 56'1.7$9 93.76 PARA AILING TRIPS null imetrshing_carn Boynton Beach Parasailing 561.588.86B6 561.3.54.6359 Bert earicharters:carn Found,At Sea Charters boyntonbeachparasaffing-corn PLEASURE CRUISE 561;7113.81 ibun latseacha€fers_c rl Limbo Charters 5617351433 limbocharters,cont' 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: July 13, 2021 CRA PROJECTS IN PROGRESS AGENDAITEM: 14.D. SUBJECT: Social Media Outreach Program 3rd Quarterly Report (April -June 2021) SUMMARY: The following is a list of the Social Media Outreach Program (SMOP) business development activities from April 1, 2021 to June 30, 2021 (see Attachment 1): • 69 Businesses are currently registered in the Social Media Outreach Program (102 have registered since program inception) • 3 New businesses added this quarter • 76 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 BBCRA Special Events Social Media Kits)with various social media platforms such as Google, Facebook, and I nstagram. • Please refer to item 13.A. Marketing and Business Promotions Update for a full recap of monthly social media marketing initiatives. • 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): • "A Summer of Rockin' Events in Boynton Beach" was published on April 30, 2021 https://boyntonbeachinsider.wordpress.com/2021/04/30/a-summer-of-rockin-events- in-boynton-beach/ • "Are you Ready to Rock the Block?" was published on June 10, 2021. https://boyntonbeachinsider.wordpress.com/2021/06/1 0/are-you-ready-to-rock-the- block/ • "An I nsider's Guide to Rock the Marina" was published on June 24, 2021 https://boyntonbeachinsider.wordpress.com/2021/06/24/an-insiders-guide-to-rock- the-marina/ 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 127 followers since last quarter (from 6,083 to 6,210) • Twitter has over 17,500 impressions in the last quarter • I nstagram has reached over 4,000 users in the last quarter Compared to April 2020, the BBCRA's Facebook has grown by 638 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: • Continue the 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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The goal is to provide businesses with branded graphics, and provide instruction on the different digital marketing platforms to utilize the graphics. The social media kits are designed to help promote the participating businesses, while creating a unified, branded campaign for the BBCRA Events. Post Details Performance ance for Your Post Boynton Beach CRA 1,824 t o s ready 10#RockTheBlack this Saturday in Dolar own Boynton 4 q Beach? Make su.1re you visit these talaulous local reslaurawnts while r kir cult dunrig 32 Rock the Flack-rTovmlo�ran Bc°s° 1ow^I Beach- 1 1T Keep an eye out tour special Boynton Beach Bucks,deals that tAll eaciusively be available during the event, Hurricane Allay.. :lee More 0 t I�} 11 4T Ifu cKi ROO: l T ._ MIT1 MITw low 12114°5-fu Jaw 1 TR-5-VV NEGAfit EFEEDBACK t . E Kr� l �h i I} 04rmliwx REACH MITUR It* "PO ............. tI Get More bikes,Con ii7ents and shares men you bansr»this press,your II show,r to nioe paopw. 1,820 13 lll�i 1 III}1�llll The participating business is given their personalized social media graphic, a digital copy of the event logo, a digital copy of the event poster, all links to all the BBCRA Event Pages, an event hashtag, along with the option to book a SMOP Appointment for personalized instruction on how to best market themselves leading up to the event date. 4i...,LIDNFISH DERBY logo-€:I Jp9 .... .... Final pdf.. i9B KB 5542 KB — — — — — Starfish png 2 Georges png LJ 471 KB { r'Ga KB Banana Boat png BB Dive Center,png phiahAlerF + Gaetmmoreadd- Hello! Weare so excited for Rock the Marina,this Saturday,June 26th1 Thank you for your partiicipation in this event. The BBCRA wants to make sure we make the most of the event for every participating business.please let us know by responding to this email if you plan on having specials during the event. This its year social mediia marketing kit.included,you will hind: 1 custom branded image compatible across all social platforms, a digital copy of the event poster, a digital copy of the event logo We want toflood'social media with a unified group campaign and we want your business to join usl Use the hashtag#RocktheMarina to help advertise your specials for the event. Join our Facebook event!page at ihttps://vivww facel)ook com/events/1.243951119371394/?active tali=disvussion Make sure and tag the event in your posts using @Rock the Manna&Lonfwsh Derby Have questions on haw to make the most of your social media marketing?Contact Renee atthe BBCRA by either replying to this email,or by calling 561-327-6154 and sign up for the Social Media Outreach program(https,//www.boyntanbeachcra,com/business-development/social-media-outreach-p rag raim-smog j today Forqu!estions regarding the event details,please contact Mercedes Coppin at CoppilaMbbfl.us or by calling 561-600-9097.. Thank you again for participating with us to make our event even better! -Renee Utilizing the provided Social Media Kit, businesses are able to easily share BBCRA Event information with their fans. Q, t !urge 11. a 4-8 P1A, �rJ,,,It r S =YI.' The wh+o!e r,elghb r� 4d is earl'rg jp for our big evert torrorroM here wi be be Ir ous reed„drink spec a;s, 1 Ane music and r�,r fL n f.r! D Crt,„'t rn l s s 7omorrow from,5p-913. iii i t1C s:� � I t ( N B6YNT0N BEACH VISIT HH - IN DOWNTOWN BOYNTON BEACH 4Cor ,Prs Oldest , Charlie Crawford !fey i'm d nrg protos fer rhe CRAror°te is It o' to grab a few inside spats':? Like Peps v, r•,r. Aloha, Guaca Go Yes def:rte,y Lime Rapty 2o, Dune Chrchester Socoo fur!!;, Live Love Herb how are you doirg Like RepVy' 2v,, The BBCRA also uses the Social Media Kits to help inform our audience on which businesses to expect at the upcoming event. Post Details Performance for Your Post Boynton Beach CRA ... ]_-S H-0 449 Rock the Marina& Ljonfish Derbrq is this Saturday froni 2-5PIM! We ca n't wait to see al I the lionfish the dive boats,bring in. star-Esh Scuba a 3; -55 Splas,,,hdoI,,.,n Divers... See More C,, 140Ah", TM TM Nallla , 21 51 I'll I V -, mi W, P PhIM1,611s,All Pos. o,5 ;1;:J; 2 11 VAOM"f�\,\\ NEGATIVE FEED&CICK JlI,Ii b 01 0 All 41(� C 3, 0 e c,o- Ec r Get More Likes,Comments and Shares 'When you bzcsf this post you'll show-it to more peope. 449- 31 Commer- 3 Share The Social Media Kits utilize participating business logos to assist with brand recognition. Post Delafts Perforrnance for Your Post Boynton Beach CRA 474 Don't miss the fabulous local B51-'RA business vendors at Rock the Btock- 26 Dovvntovm Bo,�Mon Beach' Tte Boardvva*i1saii an lce S,Crearnery- Bqynlon Beadi, FL 19 4 15 Paul,,Amhacki CJU�-- PA. Propert',se Damage Consultants- S;ee More 2 0 2 0 4 4 0 N' 9 TM V FJM NfA C IF 17 VISIT USI VISITO 4 3 10, ME 12TR-5-YU 09,ARICINICIa D"O's, IV*12TH-S-VU —a-"po'A �aa op KM -1-111", " I n�r oft"ON M"11110MA" UWAMAN wow KAW ------------- NEGATIVE FEFOBACK RIKKI10 t I' 0 J* 11 -1 - , I JQTW011 111ACIN I " ...... A'1E'-" VISIT UP VISIT US] ME t.V tl 12M°6-1110 DAM 4' Get More Ukes,Com ruts and Shares Afheri you boos!this past'y oul I s h ow 4 to rnc�e peop - 474 43 '�eccir-' ReacKe'l C)'v1,4.j 411 an,:3 "es SMOP has provided ArtSea Living, Boardwalk Italian Ice & Creamery, Dr. Archacki D.D.S., E&C's Beauty Salon Experience, East Ocean Caf6, Guaca Go, Hurricane Alley, Pio Pio, Property Damage Consultants, The Butcher & The Bar, Sol Oasis, Your CBD Store, 2 Georges, Seamist III, Banana Boat, Boynton Beach Dive Center, Billable hours Charters, Boynton Beach Boat Rental, Boynton Beach Jet Ski Rental, Chips Ahoy Charters, Driftwood, Fish Envy Charters, Found at Sea Charters, Great Day Sportfishing Charter, Gulfstream Boat Club, Ham'r Time Charter, Intracoastal Jet Ski Rental, Limbo Charter, Loggerhead Dive Charter, Marina Caf6, Miller Time Charter, OK&M, Boynton Beach Parasailing, Splashdown Divers, and Starfish Scuba with customized social media kits. Attachment III Boynton Beach Insider Blog Posts April 2021 through July 2021 April 30, 2021 A Summer of Rockin' Events in Boynton Beach The Boynton Beach Community Redevelopment Agency (BBCRA) is excited to announce the return of business promotional events in Downtown Boynton Beach and throughout the BBCRA area during the summer months. The BBCRA typically hosts about 10 events each year to highlight the local goods and services that are available to residents and visitors but had to suspend these activities in 2020 due to safety concerns for group gatherings during the COVID-19 pandemic. At their April 13, 2021 meeting, the BBCRA Board approved utilizing existing funds for five business promotional events to be held during the summer months. In an effort to encourage community members and guests to patronize local businesses, the agency will host business promotional events at five different locations throughout the BBCRA area. To help safeguard the health and safety of event goers, staff, and volunteers, the BBCRA will implement appropriate measures in an effort to prevent the spread of COVID-19. Each event will feature a layout to allow for social distancing and there will be multiple hand sanitizing stations throughout the event sites. Additionally, event goers will be asked to wear a mask or facial covering when they are unable to distance from other guests. Here are five family-friendly events that will take place in Boynton Beach during the summer: V lyS "t t 5{I1G1�i���t )A Rock the Block — This event will take place in Downtown Boynton Beach within the 500 block of East Ocean Avenue on June 12, 2021, between the hours of 5 p.m. and 9 p.m. and will feature live music and entertainment. Event patrons will be encouraged to stroll the avenue and visit Downtown merchants and restaurants. Some of the participating businesses located in the area include- Hurricane Alley, 500 Ocean Cafe, Guaca Go, Pio Pio, E&C Beauty Salon, and The Butcher& The Bar. Guests will also be able to visit with other participating vendors and can enjoy the new permanent light installation that was recently added to the Banyan trees in Dewey Park. Additional details about the event will be available on the BBCRA website and designated Facebook event page in the coming weeks. Rock the Marina & Lionfish Derby — This event will take place at the Boynton Harbor Marina, located at 735 Casa Loma Boulevard, on June 26, 2021, between the hours of 2 p.m. and 5 p.m. Event patrons will be encouraged to explore the marina including the open space, green space, restaurants, and marine businesses. The event will feature live music, educational sessions on how to prep and cook lionfish, as well as a sustainability and marine conservation component. Event goers will be encouraged to purchase food and cocktails from one of the three restaurants located at the Marina; Two Georges Waterfront Grille, Banana Boat, and Marina Cafe. r, r{ NHSH 1 t t €_ F t i ri��71i`tiV�1l{t��t{rY11Stit ti I rr, slr�tit rir�3}�{�sr3 sri ¢s j. ri 1� �IiP 'v n rl st;3 i �S I r S31 l rll .rr I I e Isr. ......l... ,�t}`tl��jsliss �{ t{�t�i2;(s�}{ ��.rrlrll The Lionfish Derby will take place earlier in the day from 8 a.m. to 2 p.m. This portion of the event will further promote three of the commercial scuba diving charters that are located at the Marina; Loggerhead Enterprise, Splashdown Divers, and Starfish Scuba. Thirty-eight certified divers will have the opportunity to register for the Lionfish Derby and hunt the waterways for invasive lionfish. The registration form and additional details about the event will be released in May. Rock the Plaza at One Boynton — This event will be held at the One Boynton Plaza, located at 1351 S. Federal Highway, on July 17, 2021, between the hours of 5 p.m. and 8 p.m and will feature live music and family-friendly games. Event goers will be encouraged to enjoy the night of music and walk through the shopping plaza to dine or grab a drink at one of the eateries or restaurants- Baciami, Sweetwater, Tsunami Subs, Tokio Ramen, or Soulvaki Fast. The Rock the Plaza event will spotlight the participating businesses located within the plaza. Boynton Beach Night Market— This event will be held at the newly constructed Boynton Beach Amphitheater, located at 100 E. Ocean Avenue, on July 31, 2021, between the hours of 6 p.m. and 10 p.m. Event goers can stroll the green space and visit with local Boynton Beach restaurants, retailers, and professional service providers that will be exhibiting their goods and services. This family-friendly event would also feature live music and entertainment. Vendor applications will be accepted from businesses that have a Boynton Beach Business Tax Receipt. For applications or space availability, email coppin bbfl.us. f c 4 — n t r, Y t I d y, Rock the Plaza at Ocean Plaza — This event will be held at the Ocean Plaza, located at 640 E. Ocean Avenue, on August 21, 2021, between the hours of 3 p.m. and 6 p.m. The event will feature live music, family-friendly games, and exhibits from the businesses located within the shopping plaza. Event goers will be encouraged to enjoy the music, and walk through the shopping plaza to visit with nearly 20 participating retailers and providers. Each of the aforementioned events will be promoted as "rain or shine". Every effort will be made to host each event, however if inclement weather poses a potential danger to event patrons, staff, or vendors, cancellation will be considered. Updates regarding each event will be posted to the BBCRA website and Facebook page. June 10, 2021 Are You Ready to Rock the Block? Events are back in Downtown Boynton Beach, and we are kicking off the summer with a brand-new event Rock the Block this Saturday! I L I � I YNR N BEACH What is Rock the Block? Rock the Block is a multi-block party that will be held in Downtown Boynton Beach along East Ocean Avenue that features live music, food, kids' activities and exhibits from local Boynton Beach businesses. Event attendees are encouraged to stroll the avenue and visit Downtown merchants and restaurants. Attendees can also enjoy the new permanent light installation that was recently added to the Banyan trees in Dewey Park. How much are tickets? Zero —zilch- not a penny! You won't spend a dime to enter this FREE event! Not only will you enter Rock the Block for free, but you'll be able to enjoy the majority of the entertainment and attractions without exchanging any green. When exactly is Rock the Block? The event will take place on Saturday, June 12th, from 5:00 pm to 9:00 pm. Where is the event located? The event will take place in Downtown Boynton Beach along East Ocean Avenue, between NE 3rd Street and Federal Highway. The exact point of reference for the event is Dewey Park. Just plug 100 NE 4th Street, Boynton Beach, FL 33435, into your GPS and you should have no problem finding the event. What roads will be closed for the event? The road closure will be in effect on Saturday from 12:00 pm until midnight along East Ocean Avenue from NE 3rd Street to Federal Highway, and along portions of NE 4th Street. Where can I park for the event? Parking is available at: • 501 NE 1St Avenue (the parking lots behind Hurricane Alley and beside The Boardwalk Italian Ice & Creamery) • 129 E. Ocean Avenue (next to the Schoolhouse Children's Museum) • Limited on-street parking is available throughout the Downtown area Will there be vendors at the event? Yes! The BBCRA is proud to #SupportLocal. All the participating vendors are local Boynton Beach CRA Area businesses! What type of food and beverages will be available at the event? As a part of our mission to #SupportLocal, all the food and beverages will be provided from Downtown Boynton Beach restaurants, including: Hurricane Alley Guaca Go Pio Pio The Butcher & The Bar East Ocean Cafe The Boardwalk Italian Ice & Creamery Can I bring my pet to the event? Due to the high energy nature of the event, which includes lively music and possible crowds of people, we highly recommend leaving your beloved pets at home. What else can I expect at Rock the Block? The BBCRA is excited to debut Boynton Beach Bucks that will exclusively be available to event attendees. 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 BBCRA's Area. Customers that would like to claim the Boynton Beach Bucks will be asked to fill out a brief online survey that can be accessed via your mobile device. Visit the information booth during the event to learn more! What about the Artisan Fair? If you want to start the party a little early check out the Artsy Living Artisan Fair, which will start at 4:00 pm. The event will be held in the space between Artsy Living and The Sol Oasis (412 E. Ocean Avenue). The event, which runs parallel to Rock the Block, will feature a variety of local artists, jewelry, Boho clothing, a DJ, yoga class, pottery painting, and much more! Check out the Artsy Living Facebook page to learn more. Still have questions about Rock the Block? Visit our Facebook event page for additional details. Be sure to like and follow @BoyntonBeachCRA on Facebook and Instagram to receive the latest updates about the event and use #RockTheBlock when posting to your favorite socials. June 24, 2021 An Insider's Guide to Rock the Marina Are you looking for a cool way to kick-off your summer? Join in on the fun and festivities that will take place this weekend at the Rock the Marina & Lionfish Derby event. tai t >$rt t 101<'}, ))1 k d � {{ 1 t t 1t f100 wow �u u ) t y( qgk t ROCK tt, 1 t4 ))r } d t� THE MARI 3 {1 l}lt i-:g { { 1 t, What exactly is Rock the Marina? To showcase all of the fun activities that the Boynton Harbor Marina has to offer, the Boynton Beach Community Redevelopment Agency (BBCRA) will host Rock the Marina & Lionfish Derby on June 26, 2021, from 2:00 p.m. to 5:00 p.m. Sip a cocktail while enjoying music on the water from two popular local bands, Spider Cherry and Vibes Farm, learn how to clean, prep, and cook lionfish, and learn about marine conservation and sustainability efforts that are taking place throughout Boynton Beach and Palm Beach County. What is a Lionfish Derby? Forty certified divers will participate in the Lionfish Derby, which will take place earlier in the day from 8:00 a.m. to 2:00 p.m. Divers, who will be chartered by Loggerhead Dive Charters, Splashdown Divers, and Starfish Scuba, will hunt for invasive lionfish for approximately four hours. Prizes will be awarded in three categories: most fish, largest fish, and smallest fish. The divers will return to the Boynton Harbor Marina at approximately 1:00 pm to weigh-in and measure the collected lionfish. Interested parties are invited to watch the judging process from 1:00 p.m. — 2:00 p.m. and the awards ceremony at 3:00 p.m. 9y ;Y {t 1 1 s — �s IN How much are tickets? This event is completely FREE! Where is the event located? This event will take place at the Boynton Harbor Marina at 735 Casa Loma Boulevard, Boynton Beach, FL 33435. Where can I park for the event? Parking is available at- • Self-parking is available in the lot located at 114 N. Federal Highway • Marina Village Parking Garage located at 625 Casa Loma Boulevard (Public parking available for $5) • Valet parking is available at Two Georges, which is located at 728 Casa Loma Boulevard What type of food and beverages will be available at the event? As a part of our mission to #SupportLocal, all the food and beverages will be provided from local Boynton Harbor Marina restaurants. Two Georges Waterfront Grille will have a tent set-up on the exterior of their restaurant to serve light bites and libations and Boardwalk Italian Ice & Creamery will be serving Italian ice, however there will be no additional outside food sales, so event patrons are encouraged to enjoy waterfront dining at Two Georges, Banana Boat, or Marina Cafe. �rr k s � + What type of exhibitors will the event feature? Chef Jimmy Everett, from Driftwood restaurant, located at 2005 S. Federal Highway, will conduct presentations throughout the event on how to clean and prepare lionfish. Complimentary lionfish dip Castings will be available after each presentation. A second demonstration on how to prepare mini lionfish tacos will be provided by Chef Robert Mastrosimone from Organic Kitchen and Mercantile (OK&M), located at 640 E. Ocean Avenue, Suite 6. The event will also highlight marine conservation and sustainability efforts that are taking place throughout the county with Sea Turtle Adventures, The Reef Institute, Lionfish Extermination Corp, and the City of Boynton Beach Sustainability Department. Additional exhibitors include Boynton Beach Dive Center, Starfish Scuba, and Macaroni Kids. What time will the bands perform? Event goers can relax and enjoy feel good music from two popular South Florida bands — Spider Cherry and Vibes Farm. The bands will play concurrent shows on two separate stages between 2.00 p.m. and 5.00 p.m. Is this a family-friendly event? Yes, the Rock the Marina & Lionfish Derby is a family friendly event. We encourage families to explore the marina and visit with the participating exhibitors. Sea Turtle Adventures and Macaroni Kids will both offer kid-friendly activities at their designated booths. ttrl4� ,� � M t k�£' s #tib S� k zl1k � 511 c 2} F i4 icf 1T ) Can I bring my pet to the event? The Boynton Harbor Marina is pet-friendly, however due to the high energy nature of the event, which includes lively music and possible crowds of people, we highly recommend leaving your beloved pets at home. What happens if it rains? The Rock the Marina & Lionfish Derby is a rain or shine event. Every effort will be made to host the event, however if inclement weather poses a potential danger to event patrons, staff, or vendors, cancellation will be considered. Updates regarding the event will be posted to the BBCRA website and Facebook page. Still have questions? Visit our Facebook event page for additional details. Be sure to like and follow @BoyntonBeachCRA on Facebook and Instagram to receive the latest updates about the event and use #RockTheMarina when posting to your favorite socials. X Fr 3a ti - ° lY 1 A 1 � i nr S1i�iSt i}- i r• �t `}` i)?3 I;• t,1t� 11 N{1�1ti11111jzty(S41 ty t is it�}i �iS SSt�(,� �}rP S Attachment IV BBCRA Social Media Top Business Promotional Posts (4/1 /21 - 6/30/21 ) E.,ack Post Detabs VI(Jeo Post Shares See Metrj�s for Al I Wdew,� Performance for Your Post Boynton Beach CRA posted a video to playlist Boynton Beach ... Buckq 2,341 ,fir J Have you tried Guaca Go' 1,679 Try this tasty eatery in Downlown Boynton each wday� IN . .....( 70 32 18 14 LIkE 8 6 3 �rl po"'A Cl-n f v W 'g, r F ha 23, 10 13 I- "S On P C.n S h a, 6 6 0 E I�im I-s �11 P",-A OntA,ame� 2341 453 3 8 3 Feop,E ReachQ ed Eragarents 312 3 68 :'J""Jrs P'k:v, 0 �'i :5c,o ve i on Apr 5.20 1 CcnpIeaed Re-,ep-Mc ,aIle Ro,,,jcriNIEGATTVE,FEEDBACK &0 pe 0 Ffid,,, 0 11 a-, R 1. Th,r,,j F",a y-q, 975 V414, 21 7.Coriiments, 6 Shares Post Details Performance for Your Post Boynton Beach CRA Ap"H 2S 5,444 Get ready for a summer of RGckin'Events in Boynton Beach' 221 Read more about the events scheduled its summer. https lAvviry boyintonbeacchcra conv 151 46 10:5 18 8 10 Sh2,E-s 29 12 17 2'4 19 5 894 26 549 319 NEGATIVE FEEDBACK Get More Likes,Comments and Shares 'When you boost ihs post-you'll shoe to moTe people- 0: 5,444 1 1116 1, peoc"Ie 00 I-D—�s Robels, Stepi-aris Enc-user-Ard 49 CJ,�i-s 8 fl1 Sha,�� 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 Perforriiaroc e for Your Post Boynton Beach CRA 22 700 Its#hwsformahontuesday! 12 Take a look.at Afavemax Bo, rnion Beach- 1550 Nlodfi Federal Hvq beautiful transformation' 9 9 0 01'-, h E,e,, 0 �n 7" 0 64 a 0 5,6 (:�l-J-"' a 7' NEGATNE FEEDBACK 0 0 10 211 t f,.it... C,- Get More Likes,Comments and Shares When yo.�LmostJ-,is cost, yon II sncvi,,!to more peopw 700 76 Pecp4 Reache-:,� E-Engageme ntr (DO''cu,,Ef,Stevc-, Hili ard-,uL" s 1 '--,'rxnrnerr 1 Share RI boynfonbea hicra rlt� Sushi Jc r, boyntonb-eachcra Were gonna need a bigger boat r r Order a delicious sushi beat from US11i Jo Boynton Beach fOF Your 4th G of July festivities! �iBoyntonEeach#boyntonbeacheats x i fi, + #yyum'eatlikealocal v lacey palma beacher Wait what'1 rtte sl:9ertcl all ice} money t the Lake Clarke location and now tl1e±{are yrt � a onBoynton?Take€-nymoney Vierra Insights 41 Liked by reneedventures and TO others t Add FAi boyntonbeac era .. Tl4c:Georges Waterfront,Grille U o ,x� boyntonbeaehcra�-PTGlF! Its a beautiful day to enjoy Catwogeorgesboyntenbeaeh �tt nboyntonbearheats nboy^n<onharbormarina#twogeorges 7, r 4 � fiatsgrandslam63 Aaaah home chi 1 [Reply aksvat975 Mice dress! Reply a a qO rt_ r , 4s% 1 4 P Y q.• S s f," Liked by reneedventures and 38 others t '�J Boynton Beach CRA @oynto?jBeachCR. • Jun, 16 I Lookingfor a gift for Chad this Father'sDay? Stops by Florida Tackle Company to end pick rip a gift he will II u t s t r GI Boynton Beach CRA @ Fro yntorn' rhCRA Jun 1 �.� Mark your calendar July9th!' Here's the scoop—we're teaming with The Boardwalk for what wiN b the coolest event of the summer. #'bbpc1pride ;LL - y �S, r S i } r The BBCRA Facebook has grown by approximately 127 followers between April 2021 and July 2021 . Total Page Followers: 6,210 Total Page Followers 6083 , 1 a The BBCRA Twitter has over 17,500 impressions between April 2021 and July 2021 . Your Tweets earned 17.5K impressions over this 91 day period -OK 1 94 The BBCRA Instagram reached over 4,000 users between April 2021 and July 2021 . Instagrarn Rdeach l 57 8 2.,O K .; -5K ii-0 K Soo Apr 6 Apr 46 4pr 2.5 May 6 MOY 6 r4 av 2.e Jun 5 Jury '15 Jun 25 BBCRA Social Media Posts (4/1 /21 - 6/30/21 ) The following is a list of all BBCRA social media posts for the 2nd 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 was on posts related to BBCRA Business Promotional Events. • 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. • Approximately 30% of the BBCRA Facebook followers are Boynton Beach residents, while the rest reside in surrounding cities. Date Post Content Type of post Reach Engagement Paid Promotion 03",72,12l:1 r5 .r the244 a eel r FIs.Dw.ft4S,.wry Boynton 013 ,1 202 r Our Sea,,--;r Polies � 12, ' Cp rrmrert Near3hborI'ood, ,"Lt 013«1 x'021 Unr Lz re—e Try Cale RPM, 3 Poy,raar e s,a-h' Lons,ko@r, y, !h as s - 713 e F ne31 B drams^Seact-. 0r 157 6 " Board 1'Meets.9 W, it'll 283 iu rrf, ,G ay SIend l 6 30 5 ssrves rr ger i°aa. �.Y..., 03`t3�"�f1�1 �' rnrg Dac rrs'rr SO Inn H ,y � 743 79 ?ter, mr !-Iernabrll i 38 59 iE,J P t Art Exrin-tit 52 La:r yhsnce t .o ,! your W 1,52 r Bymaafn Essen Picks;^ 0 rte r,rt ra Hartor 10 03 11,20131 tns Soyr;trr, a,nri R,w. �rri 1 r ee-Ir # a (earn nnore_v,u11he Sma, uN�«izau�la��ril`�f�,�rlm rn.�b 7 8 I ,,, SI r,LZI,. &The _ria: 12 Cloirl Your Soyrmer,Beam 3 3 30t h e r r _r re ,rliput or r trre 3 Date Post Content Type of post Reach Engagement Paid Promotion 01125 0 1 �-we ieaw wed Trvpcal i 328 5rand Fe_aurant, isax a!' 03"17"27,021 Look,ywwrbe .t@-@5 C,a-•er3 , 0 �@ T lF-l Sfiaa v r r tend3 0 0 r 'f �t Trm Boynon Sem h CPA s a, 10 3:9 0 20 1 2 th,s�'t`�Y'fiori^l,�t`tSor - 0,,Z 02 t �e a;amu al'+h; 's ner,, J 4 4 Citrin l:'aoners in the,Hertrl 21 0 ;/203,1trr�s; � 3 ;co tom r about �� 03 iera�r���r, it u M pra benefils or SSD Vierr - 30El l 0 0 t 'fz or"t 0 Boy-lon _�_n h,_inw__s i`.t 3 03,N":021 t ;arrw 5ayq 'vvee ter d ...42 var c arr r .ars abgu t ytrt�s 0 J3 E min ,r Yt's atfir ,.wr rye tpv" A 170 0 vv ,en= ttok a.rip Wets0 IS2,,: 021 T's-re S'St C c*10'a14 Ste;- 3. v, ih rr� &F1ova r�Tress 0 0 2021 b �ta St, Day «h aI 65 ._ "r it_ vr,. _ he � "0 i,L �`.� D v 1 ,1t � s a.�Ys nnar �� 10.0 i`:t x,53 03",93021 a pf k me� ^ RV ��� 0 r r'� � ra e� `', 03'"4,'203'@ N.eYl ELS nes�Aartl =rerr'r-r 0 '"r 30 t m op-re @-ink nevo, N Date Post Content Type of post Reach Engagement Paid Promotion '31,2 �` v. kesobasoarfunrif�s^n �a' 4 s ready M,r apirq! it f f . 7 r= like ro cµ w 03''3C,2021 Lr r-Bc 'rpsln Bse Sn CRA. 178 ,. w Iso ra.21 oamrk—5-—,r r1, r , tx, ry'mi 5A5 6,2 0G.aiRd t i?,1_ E Ccaan. a4v" vw+9 -�arr� w�uir Enipw 510; ff a 4:..R c4tas_. 161 -, 12-202 1 11-1- au.e t 1 �& ' , fffi Prc,1 urzl ,�-,:*a ruaR 14,t1:121C:27 a. r.,. c,r _ +1 9 9 , I..R ,'„R�@t.d)A,X12 Cbi'l+ 'e�,/i l �� ^� I. .� ,a,rie rg ✓iTl- X4.. .. V4 T. OWN Lc r ,.I,a,,d CESai a2 24 1 17,9 ec-y=.1-ac F ��cn.._ a - :J4" -:' _.4 ;ra.%"1 14 is - ,» RA,Faro MI, t, g cSY 1 2 - c,o t b-at'n's, +"v a,.» 1-4:.5,'ry <:? „ s . �n lE-ai4 ' ` —” y eatery , � . View Prsvn�taon. 04 KD-,Q-t n r _ t, r, 14 202 t. ,(_o,„ amici fir r.+a.stI,r 1�:�.� B_ ��r.tin,_ �� w _I Date Post Content Type of post Reach Engagement Paid Promotion 5 2 4,2802312 a, Gel redy for a OT « ; RarM,,n e!arts,rr Bcyr`t>w+ 2 1'� F Co s«II rl 17 you dot 0,i r%,vccc SrjV tire" �p sr suss _lasses r.,k a r 2272 � yl�r 1e �st1rrs�� 163; U `� � r tri your EcMy tin Fear"Bt„_5 i tip' 7122 I "0akthe - 233 Qr'e,5 yam.10ve ur Ljnr 04,13"2011 v nr� �t'aal i r�to � 36x;0 1� Sviealwater ior 9 34221`21021 n I'� -nor �grxr 1 144 2 4.Z 1^20 1', sir t� a;-'d ih= 2 '¢tj Treat rout e;f to ec netnirg � 3 1 17 04,1;r2;t2tC�11s' rr��n r R ire 5 7 �fI ^rry L13ckl ,0411 a2021' �. C;o rq ra%JIatD95 To JC�5ie s 2 F5 R g rn,sire=rr team r', 1 ,3417,2321 SC-8 f y arssl` 1"0 Nam tt c ,for s r'asi � 174 5 1 grv"w ng owl cy., pz s 3 wig,15,2021 , P 1ton Beach 1 E,1:412!r1 4 1 5l< le Promotion L,-auiha( 12 '1 '2221 1`03 e t rRIOSt 0i VOL' "D 1 G42 Date Post Content Type of post Reach Engagement Paid Promotion I� 20,5 4 ar tr& 7 Bw,�F-ks and visit jua_s a ,5',,1..21L;d2 T`;IFI Told exp syMi f7ori°e-placrIT.. ', C®1 aka s lij ,a P,rirkjes W spe:ial 4 i w f,o I' a IF�I�NI - 335 05'1`2021 Boy ion Si�scqRASv 182 „ fin. TitY gall s3�,e rlace4v qr a. Loa 2 r tArr,a> war e�,rhe 4 27,9 5 haaltK �:raV0ri' s ti d " r2b2t1 & y lar, .-7 L :D—RA voc 5 r J, i� Ike t. i�psl,air tf�e r w,��.3 � �r J, aye a I)@a1 She4 amury 1 t25'„7:2021 s 11he iav,da,, C r'1e. �aw � 192 � row+t3t2!°1®1 � 1i� testi ct ��� � 1 53 sr,.a.a,e °L"e,,s;ecral menu fa, 2 1>rF_ang v,aifl Iak.w'PI9r_ W a l7h v" 1 HalPlr'F _ }vcd 191, 05":14,,2 '1 e tib # t, ".t a , : Take: -4111" a i Qj k ar e beaux tut 201 5 04r25.21 Let Pflorn phos fr her's,C a1 5 4 1-09 Mc,&* ,' ',tl arm.' i naV 5 f 906 order Our ..rn`Nhi 0 0-5 0+2,24021 1 wap P pl zo -Sunday->:nd�,ca 1=° r , Del mud Raxerk � 1 " 2 05``'2021 e s r °hing E r a r " � 300 5 Date Post Content Type of post Reach Engagement Paid Promotion �`1 11221 hr ar 4 'yc= r SR9Ec 4 2-Mu„ g-r!FNS Soyntor l sc ' &511 12=202 1 er _qtr rrai�<'_�a"airm N & 1 1 ,lli�41, your Boyr—O'.on Be�-;sn,Bucks 10 IJ- 1=021 Fod the Foe-Dcv,,riz,.vn '. 124 014 V% c.r.b __ _ has cagin1 3F., 30-0 V2&21 i � ArrYG.L ra,3cy tRockth10 1 � iry 1 235 tl,n &2 ..111111 I BamrYSan B_a_i--is a.bra's€Iw,'- 24 3� �e"2&2 1 Don't rx a=_� vUou_€ 17 1 4-4 3 &x21321 Dort miss 11,a Art,aa.rr F=sur 10 zyl.Rock the Eco=;. 8. 3F&C 7,2321 `no's-e y:c 1.SK 35x0'2021 Love to ovale?Jolirr By & & Cycle rax &_urrd:ay ara �� 5h2&2i S4a^SL0 ycjr SSIL J Y' �1 7 -�gt.r wits Ilve°mL f-:k,-71.Ahs 1 3&G4,2021 r, Drirnvcc,d Boymon Bea on-1e �i 2S3 1 rinr-g exile erce1 258 ac .hsRos4'Lie N1arn 3F,r&292&2 fi Cry rl' l t imrnec atal. *' S ®cyrtcr Breadl.t�Rr.A.dviiBor; i v &5&223321 �t s 1g,a via,k n da roe t 3� arway amen_lowntc vt �' �& Date Post Content Type of post Reach Engagement Paid Promotion 71-are`a ai firre tc-6nin? 194 1 a j 1101-jrSowslari Be.au E Bucks G 3&24?2321 _,naolkout our t6og for all v. 1= t a 1140 you^re=ed M2,312,321 1 erg:_air nie tc c!ainiti.,''` P , your.BuriLon Ble'son Bucks OF :"232'1 Roo-r,tne 1aqa&Lorooh 13 � e4F 3,t �'7_,�.�. a th_,-aE.?d,dla.f x"3'3 '. 1 313? Z'2,32 i #rarisfornia ont da � ,, r 700 '4 V, ,ake a ick.at��ave rta. 1 re to ime r e er 11 &a2k 35 fL2 1.`321Dng,atu9aticmalc,the v� � irie"s of tme °rack.?he 20 t feV4F'r nwtion OPW2712,2021 C, 259 q I-a of-C r.p N Oeil IDr2321 " Don't mra ,Rocs the -rz. O1-.="2,32fi e Dnd someih ng 59 327 h -daldcioua frorrr Sell Sol 1 ,OF 1&'2,321 , pend tEr,9:1 vis40 4433 Pali er`a 'day a,no book a in, 8, 0&1 7.P20c 6 V e�3ad a eat liana a: ,i, x� 121 Rbov�the Sick last 64 0&17,2021 ahi your Soyinr,EeBonr,t_ 4 oo�d^g for a gft 4br Dae , a� 2 as you ,s 41.3K «moi 1 " me eaharrJba3 ,°ZC3T.e 3P,1..5,2021 ,teet your day startee a', 314 z rM Date Post Content Type of post Reach Engagement Paid Promotion 315 0'?3e 6 Best tuna suninie �-maz%v fl- ���, INA2.53 2 ( Soma del c.oua acai. e, 4:75 35 _ 5c,,r:c°7 Baso CRAA.vw B-Ir 9 312A-232 9 D-ors t n7issi 1.1,a L I:y cF t VIA 1191 a 23�1 donna rear z.s ogee � _9 � aro aYZ3,2'6 on3,at a ions zc the 3. i: 1'2.2 SIMw nre-s of�xne&_jor�fiah �3 3R Y2321 4 the M 9a&L Dr"ssh 4v v 1;HB IMM [IDarby shapo_r,ngrcw z.i 29 3 n31232 6 71-,e�fcrf sh aga aro ng arFt ; 621 29 r. the Ma,na&Lonr3 19 35,'25j'2321 crmorrcw Fock 7he 2, Attachment V BBCRA Facebook 2020 & 2021 Comparison The BBCRA's Facebook has grown by 638 followers between April 1, 2020 and June 30, 2021. Facebook continues to be the BBCRA's #1 performing social media platform. Total Page Followers; 6,21 Total Page Followers BENCHMARK. e'c-ui averace c?'over lirie. T=,taie F Ilr � rs X20 , 569 In a five day comparison of June 12-17, 2020 and June 12-17, 2021, 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 � 1 Ve ad �R ;t at :� rra f� lyt'7' 4 Rook:ha cf_=c°k�a �'� 54' 7T,2021 Claim 7 S rr-crr Bla5ach _7 4, 0 6 !,,,20211 L-Yaking for s gin for Dad 4 €, 021 'Ha re €l- - - �ak handbeauty .atEL: � wP�;: � ( slf '�i� Pars���iaCi�,n 0&'-,,'5,,2021 !yourtay ataihed sT S 14 =+ uvrnrncn C-,rDLr _.f=r_na,3, 4 4,2021 Mark '. y _- 6.h is E* (`..;3€n 2"PIl4 0 :.,2021 7 here's sill.err= t a 11 rr1 �m your E7ynt r Beaor Back 22:2021 ccs tea k 6ckr7iowr X L-cIntc,7Bean"has begun 2020 Date Post Content Type of post Reach Engagement Paid Promotion 0V,x:'2020 _:t VlAhy not hook an riu 37' 2" IF T"ll In;he it:�_,_,r,:a o :h OFA.s 201 0817Z-'22020 7 he Sea � s P.A. 32 , 1 i ; 00 61120M ,r e a t Cad to a spe:e,a I at,_ _ _Ray w h 06;15Y2020 7Pje en'yntor aac�C.Ir° C 4 Lbr=ry dl_ re"wm��C'z—'.: to I I � I I S' I 06'"5t21020 Fats "ay is Sued-aa, R 4' ,reAt� a i ts. _ .. 0 Fathrs Day is air- sP hiara° t,' real�`.il� P a rr�p-. P.,9�� l 06 31-22 0 2 0 S art y- r waa,Kand _ 06 "1:21020 'Iew bu weed =:ou d ,7 _ �_,_ 1w" r�Es i_Inc,ed 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: July 13, 2021 CRA PROJECTS IN PROGRESS AGENDAITEM: 14.E. SUBJECT: CRA's Small Business Disaster Relief Forgivable Loan Program Close-out SUMMARY: At the April 21, 2020 meeting, the CRA Board approved the Boynton Beach CRA's Small Business Disaster Relief Forgivable Loan Program (Program) in response to the direct effects of the COV I D-19 pandemic (see Attachment 1). Through the Program, the CRA provided COVI D-19 relief to businesses with 50 or fewer employees in the form of $10,000 interest-free loans to assist with the costs incurred during this economic crisis. If the business demonstrates that the funds were spent on payroll, utilities, or inventory within one year of the loan date, the CRA will forgive the loan and the business will not be required to repay it. The CRA began accepting applications for the Program at 8:30 am on Thursday, April 22, 2020. By June 4th, the $1,000,000 in Program funding was dispersed to one hundred one (101) CRA area businesses. The Program's loan recipients included sole proprietors, restaurants, hair/nail salons, real estate offices, engineering firms, medical offices, a childcare facility, a fitness center, Boynton Harbor Marina marine-related businesses, industrial/service industry businesses, florists, bakeries, and retail. For a full list of loan recipients, please see Attachment 11. As of June 16, 2021, all 101 loan-to-grant release requests have been processed and approved. The past year and a half was a true testament to the resiliency of Boynton Beach's small business community and their commitment to persevere through the pandemic. As a result of the close out of the Small Business Disaster Relief Forgivable Loan Program, the following statistics are provided.As of July 2021, • 96 business remain open and operating • One business grew and expanded their business to a larger space within the CRA boundaries • One business grew and relocated their business outside the CRA boundaries • One business relocated their business outside the CRA boundaries to future CRA redevelopment/acquisition • Four businesses permanently closed • One business closed due to death in the business ownership The CRA also created the Commercial Rent Reimbursement Relief Grant Program for Previously Approved Rent Reimbursement Recipients. Only businesses that had already received rental assistance from the CRA were eligible to receive this grant. During March-August 2020, an additional $289,118 was disbursed in monthly rent reimbursements to 42 businesses. As of June 16, 2021, • 40 businesses remain open and operating • One business remains open and operating but relocated outside the CRA boundaries due to the commercial building being sold • One business permanently closed; • One business closed due to death in the business ownership FISCAL IMPACT: FY 2019 -2020 Budget, Project Fund, Line Item #02-58500-470, $1,289,118 CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan (Goals and Principles) CRA BOARD OPTIONS: No action required by the Board at this time. ATTACHMENTS: Description D Attachment I -Small Business Disaster Relief Forgivable Loan Program D Attachment II - Program Recipients }At {J B ' JT1 B EACH COMMUMTY REDEVELOPMENT April 23, 2020 — September 30, 2020 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY SMALL BUSINESS DISASTER RELIEF FORGIVABLE LOAN PROGRAM Program Rules and Regulations The Boynton Beach Community Redevelopment Agency (BBCRA) recognizes that small businesses suffered substantial financial loss due to the adverse economic impacts caused by the COVID-19 pandemic. In response to the negative economic impacts on our local businesses and the City of Boynton Beach's economy, and to prevent the creation of slum and blight, the BBCRA has created the BBCRA Small Business Disaster Relief Forgivable Loan Program (the "Program"). The Program is intended to provide direct financial relief to businesses located within the BBCRA area (see attached map). Through the Program, the BBCRA will provide businesses with 50 or fewer employees up to $10,000 in an interest free loan. If the business can show compliance with the Program and that the loan was used towards payroll, utilities, or inventory expenses within 1 year of the loan date, the loan will be forgiven and the business will not be required to repay the loan. The loans will be awarded on a first-come, first-serve basis. Loan recipients will be required to sign a promissory note to ensure compliance with the Program and loan terms and conditions. The BBCRA has sole discretion to determine compliance with the Program and loan terms and conditions sufficient to allow forgiveness of the loan. BBCRA is a public agency and is governed by the Florida Public Records Law under Chapter 119, Florida Statutes. The BBCRA may produce any documents provided by applicants upon receipt of a public records request, subject to any exemptions provided Initials Page 1 of 12 Small Business Disaster Relief Forgivable Loan Program 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.boyntonbeachcra.com by Florida law. If applicant believes that any information is propriety and exempt from public records such as a trade secret, the applicant should indicate that in the application. Funding Assistance The BBCRA Small Business Disaster Relief Forgivable Loan Program offers financial assistance to the business in the form of a forgivable loan for eligible expenses, up to $10,000, associated with payroll support, inventory purchases and/or utility expenses. Funding Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive loan funding: • Applicant must be a business that was or becomes operational (as evidenced by a Certificate of Occupancy or City of Boynton Beach Business Tax Receipt) prior to September 30, 2020. • Applicant must be the business entity (or d/b/a) named on the corporate documents, and the application must be executed by the principal/owner(s) named on the corporate documents. • Must be a for-profit, privately held business or sole proprietor with no more than 50 employees. • Must be located within the BBCRA area (see attached map). Businesses operating out of the Boynton Harbor Marina are eligible. • Must be able to provide proof that the business is properly licensed by all necessary levels of government and professional associations or agencies (including copies of City and County licenses). • If any individual is the Principal/Owner for more than one eligible business, the Principal/owner may only sign the application on behalf of one business. (Note: this means that if one or more eligible businesses have a Principal/Owner in common, only one of those businesses may apply for the Program, even if the business(es) has(have) more than one Principal/Owner). Ineligible Businesses The following businesses are considered ineligible for assistance under the BBCRA Small Business Disaster Relief Forgivable Loan Program: Initials Page 2 of 12 Small Business Disaster Relief Forgivable Loan Program 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.boyntonbeachcra.com • Firearm Sales/Shooting Ranges • Convenience Stores • Religion-Affiliated Retail Stores • Churches/places of worships • Non-Profit Organizations • Alcohol and/or Drug Rehabilitation • Adult Gambling Arcades Centers/Housing • Check Cashing Stores • Home-based business or • Adult Entertainment business registered with a • Medical Research Centers/Housing residential address • Massage/Personal Services • Vapor Cigarette, E Cigarette Stores • Any other use that the BBCRA staff or BBCRA Board determine will not support the redevelopment of the BBCRA area Loan Terms and Conditions The maximum amount of loan to any one business under this program is $10,000. Applicants may apply multiple times if loaned less than the maximum amount, but no applicant will receive more than the maximum amount in total. If the maximum amount of funding is later increased, applicants that had been loaned $10,000 may reapply for additional funding until the new maximum is reached. Loans shall be interest-free, and the loan amount shall be due to repaid to the BBCRA one year from the date of the loan. Loan recipients will be required to sign a promissory note to ensure compliance with the loan and program terms and conditions. However, if the loan recipient provides evidence acceptable to the BBCRA that an amount equivalent to the loan, or any part thereof, has been paid by the loan recipient to employees in the form of payroll, to inventory providers, or to utility providers, that amount may be forgiven, in which case the loan recipient would not be required to repay such amount to the BBCRA. Loan funds may not be used towards bonuses. Evidence to support loan and promissory note forgiveness includes but is not limited to: invoices, receipts, paystubs, utility bills or other acceptable evidence of payment or expenses associated with the loan request. Applicants may redact sensitive information such as employee names, addresses, identification numbers, etc. No cash payments will be accepted as evidence in support of a request for loan forgiveness. Loan applicants may request loan forgiveness at any time between BBCRA loan check date and the loan repayment date by submitting a request and the required evidence to the BBCRA up to three weeks before the loan repayment date. All evidence must be submitted to the Initials Page 3 of 12 Small Business Disaster Relief Forgivable Loan Program 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.boyntonbeachcra.com BBCRA three weeks prior to the loan repayment date electronically to Bonnie Nicklien, Administrative Services and Grants Manager, at nicklienb@bbfl.us or by mailing a hard copy to 710 North Federal Highway, Boynton Beach, FL 33435, attention to Bonnie Nicklien. The BBCRA will review the evidence and determine whether the loan is eligible to be forgiven. The BBCRA has sole discretion to determine what evidence is acceptable and to ask for more information or different evidence to support any loan application or any request for loan forgiveness. The BBCRA will notify the loan applicant the determination as to whether the loan is deemed forgiven within 30 days of receipt of the evidence supporting the request for forgiveness. The loan may be prepaid, in whole or in part, without penalty, at any time prior to the date on which repayment is due. All loan checks from the BBCRA to the successful applicant will be made out to the applicant business entity. The types of businesses eligible to receive funding include, but are not limited to: • Restaurants • Boutiques — clothing, shoes & • Bakeries accessories • Insurance Offices • Accounting Offices • Gourmet Food Markets • Real Estate Offices • Home D6cor/Design businesses— • Tattoo Parlor/Body Piercing/Body home furnishings, art galleries, Art Shops kitchen wares • Law Offices • Bed and Breakfasts • Hair/Nail Salons • Marketing Offices • Take Out Restaurants • Fitness Facilities — yoga, dance • Florists exercise, martial arts, etc. • Medical Offices • Specialty Retail Businesses — • Other commercial businesses stationary, gifts, sporting goods Application Process Applications can be downloaded from the BBCRA website at www.boyntonbeachcra.com or obtained by mail. Applicants may call (561) 600-9090 to request a mailed application. All applicants are required to speak 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 by sending the application electronically to Bonnie Nicklien at nicklienb@bbfl.us or by mailing a hard copy to 710 North Federal Initials Page 4 of 12 Small Business Disaster Relief Forgivable Loan Program 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.boyntonbeachcra.com Highway, Boynton Beach, FL 33435, attention to Bonnie Nicklien. Applicants are STRONGLY encouraged to submit applications electronically. Application to this program is not a guarantee of funding. Funding is at the sole discretion of the BBCRA Executive Director, within parameters set by the BBCRA Board, and subject to available funds from the BBCRA budget. Applicant will be notified of loan approval in writing by email. Loan funding must be used for payment of utility bills, employee payroll (excluding bonuses), or inventory. Applicants must submit an application with all materials to the BBCRA for review and approval by the BBCRA Executive Director (or designee). Applications will be considered on a first-come, first-serve basis. Applications are not considered submitted until all materials have been submitted. Application packets must include- 1. nclude:1. Copy of the corporate documents for the applying business entity. 2. Copy of City of Boynton Beach and Palm Beach County licenses (Business Tax Receipts). 3. Documentation to support the applicant's request for funding payroll, inventory, and/or utility expenses. Examples include, but are not limited to: invoices, receipts, paystubs, utility bills or other acceptable evidence of payment or expenses associated with the loan request. Applicants may redact sensitive information such as employee names, addresses, identification numbers, etc. 4. Completed and signed application (attached). 5. Promissory Note (attached). 6. W9 Form and BBCRA Vendor Application Form (attached). 7. Other proof as necessary to evidence compliance with the Funding Eligibility Requirements. 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 Program and this application. NOTICE TO THIRD PARTIES: The loan application and loan do not create any rights for any third parties. Nor shall issuance of a loan 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. Initials Page 5 of 12 Small Business Disaster Relief Forgivable Loan Program 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNKY REDEVEI„OPMENTAGENCY APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (d/b/a if applicable): Current Business Address: Fed I D#: Business Phone Number: Cell: Website: Type of Business: Number of Employees: Hours of Operation: List of expenses seeking loan funding for: Requested loan amount: Please estimate the total cost (physical and economic) to your business due to this emergency/disaster: How many employees (Full Time and Part Time) did you have prior to the disaster: Have you or will you lay off or furlough employees as a result of this emergency/disaster? Li YES a NO If yes, how many? Page 6 of 12 Initials Small Business Disaster Relief Forgivable Loan Program 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNKY REDEVEI„OPMENTAGENCY APPLICANT INFORMATION Do you have business interruption insurance? If applicable, what is the percentage difference of your business revenues during the disaster period compared to the same time of the prior year? In terms of dollar value, how much inventory have you lost or has been spoiled as a result of the disaster? Page 7 of 12 Initials Small Business Disaster Relief Forgivable Loan Program 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNKY REDEVEI„OPMENTAGENCY APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 2. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 3. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 4. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: Page 8 of 12 Initials Small Business Disaster Relief Forgivable Loan Program 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.boyntonbeachcra.com 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 on the Program application individually. By signing and submitting the application to the Program, 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 loan under the BBCRA Small Business Disaster Relief Forgivable Loan 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 BBCRA Small Business Disaster Relief Forgivable Loan Program. I understand that this application is not a guarantee of a loan, and that award of loans is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I understand that the purpose of the loan 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 approving the loan will not further the Community Redevelopment Plan. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency has the sole discretion to determine whether the Program criteria have been met and whether the loan may be forgiven. 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 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 or inaccurate, it will be not processed. Page 9 of 11 Initials Small Business Disaster Relief Forgivable Loan Program 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNKY RE'DEVE1„OPMENTAGENCY APPLICANT SIGNATURES APPLICANT SIGNATURES: All Principal/Owner(s) eligible to sign on behalf of the applicant must sign this application on behalf of the applicant. For purposes of this Program, the term "Principal/Owner” means a principal or owner of a business. 1. Principal/Owner's Signature Date Printed Name Title Witness Date 2. Principal/Owner's Signature Date Printed Name Title Witness Date 3. Principal/Owner's Signature Date Printed Name Title Witness Date 4. Principal/Owner's Signature Date Printed Name Title Witness Date Page 11 of 12 Small Business Disaster Relief Forgivable Loan Program 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNKY RE'DEVEI„OPMENTAGENCY PROMISSORY NOTE April , 2020 Boynton Beach, Palm Beach County, Florida FOR VALUE RECEIVED, the undersigned ("Loan Recipient") promises to pay to the order of the Boynton Beach Community Redevelopment Agency ("CRA") at 710 North Federal Highway, Boynton Beach, FL 33435 or at such other address as may be indicated in writing, in the manner hereinafter specified, the principal sum of dollars ($ )without interest. The said principal shall be payable in lawful money of the United States of America, on (date) and in the following manner: The sum of representing a payment of principal shall be due and payable one year from the date set forth above ("Repayment Date"). If, prior to the Repayment Date, the Loan Recipient provides evidence acceptable to the CRA that an amount equivalent to the principal or any part thereof has been paid by the Loan Recipient towards payroll for employees (excluding bonuses), utility providers, or inventory providers, the CRA, in its sole discretion, may forgive that amount, in which case the Loan Recipient shall not be required to pay such amount to the CRA. Evidence may be provided at any time prior to the Repayment Date, and may be provided on an ongoing basis as such evidence becomes available. Loan Recipient must abide by all terms and conditions of the Boynton Beach Community Redevelopment Agency Disaster Relief Forgivable Loan Program in order to be eligible for the loan forgiveness described in this paragraph. This note may be prepaid, in whole or in part, without penalty, at any time prior to maturity. If payment due under this note is not paid within 10 days of the Repayment Date, a late charge of 5% of the payment due shall be added to the principle. In the event of default in the payment of this note, and if the same is placed in the hands of any attorney for collection, the undersigned hereby agree to pay all costs of collection, including a reasonable attorneys' fee. This note shall be construed and enforced according to the laws of the State of Florida and nothing in this note shall be deemed to waive any rights of the CRA thereunder. Page 11 of 12 Small Business Disaster Relief Forgivable Loan Program 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNKY RE'DEVEI„OPMENTAGENCY PROMISSORY NOTE Makers waive demand, presentment for payment, protest, and notice of nonpayment and dishonor. (Loan Recipient Name, including d/b/a) (Authorized Signature) (Title) (Date) Page 11 of 12 Small Business Disaster Relief Forgivable Loan Program 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.boyntonbeachcra.com Form W-9 Request for Taxpayer Give Form to the (Rev.December 2014) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. N 2 Business name/disregarded entity name,if different from above N 0) M c- 3 Check appropriate box for federal tax classification;check only one of the following seven boxes: 4 Exemptions(codes apply only to � certain entities, not individuals; see H ❑Individual/sole proprietor or ❑ C Corporation ❑S Corporation ❑ Partnership ❑Trust/estate page ): instructions on a e 3 d c single-member LLC a.2 F-1Limited liability company. Enterthe tax classification(C=C corporation,S=S corporation, P=partnership)► Exempt payee code(if any) `o Note.For a single-member LLC that is disregarded,do not check LLC;check the appropriate box in the line above for Exemption from FATCA reporting H the tax classification of the single-member owner. code(if any) a` ❑Other(see instructions)► (Applies to accounts maintained outside the U.S.) 5 Address(number,street,and apt.or suite no.) Requester's name and address(optional) d CL 6 City,state,and ZIP code ) 7 List account number(s)here(optional) Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals,this is generally your social security number(SSN).However,for a resident alien,sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other — — entities, it is your employer identification number(EIN).If you do not have a number, see How to get a L I TIN on page 3. or Note. If the account is in more than one name,see the instructions for line 1 and the chart on page 4 for Employer identification number guidelines on whose number to enter. F7 Mi Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2. I am not subject to backup withholding because:(a) I am exempt from backup withholding, or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends, or(c)the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S.citizen or other U.S.person (defined below);and 4.The FATCA code(s)entered on this form (if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN.See the instructions on page 3. Sign Signature of Here U.S.person► Date► General Instructions -Form 1098(home mortgage interest),1098-E(student loan interest),1098-T (tuition) Section references are to the Internal Revenue Code unless otherwise noted. -Form 1099-C(canceled debt) Future developments.Information about developments affecting Form W-9(such -Form 1099-A(acquisition or abandonment of secured property) as legislation enacted after we release it)is at www.irs.gov/fw9. Use Form W-9 only if you are a U.S.person(including a resident alien),to Purpose of Form provide your correct TIN. An individual or entity(Form W-9 requester)who is required to file an information If you do not return Form W-9 to the requester with a TIN,you might be subject return with the IRS must obtain your correct taxpayer identification number(TIN) to backup withholding. See What is backup withholding?on page 2. which may be your social security number(SSN),individual taxpayer identification By signing the filled-out form,you: number(ITIN),adoption taxpayer identification number(ATIN),or employer 1.Certify that the TIN you are giving is correct (oryou are waiting for a number identification number(EIN),to report on an information return the amount paid to to be issued), you,or other amount reportable on an information return.Examples of information returns include,but are not limited to,the following: 2.Certify that you are not subject to backup withholding,or -Form 1099-INT(interest earned or paid) 3.Claim exemption from backup withholding if you are a U.S.exempt payee.If -Form 1099-DIV(dividends,including those from stocks or mutual funds) applicable,you are also certifying that as a U.S.person,your allocable share of any partnership income from a U.S.trade or business is not subject to the -Form 1099-MISC(various types of income,prizes,awards,or gross proceeds) withholding tax on foreign partners'share of effectively connected income,and -Form 1099-B(stock or mutual fund sales and certain other transactions by 4.Certify that FATCA code(s)entered on this form(if any)indicating that you are brokers) exempt from the FATCA reporting, is correct. See What is FATCA reporting?on -Form 1099-S(proceeds from real estate transactions) page 2 for further information. -Form 1099-K(merchant card and third party network transactions) Cat.No.10231X Form W-9 (Rev. 12-2014) Form W-9(Rev.12-2014) Page 2 Note.If you are a U.S.person and a requester gives you a form other than Form 3.The IRS tells the requester that you furnished an incorrect TIN, W-9 to request your TIN,you must use the requester's form if it is substantially 4.The IRS tells you that you are subject to backup withholding because you did similar to this Form W-9. not report all your interest and dividends on your tax return(for reportable interest Definition of a U.S.person.For federal tax purposes,you are considered a U.S. and dividends only),or person if you are: 5.You do not certify to the requester that you are not subject to backup -An individual who is a U.S.citizen or U.S.resident alien; withholding under 4 above(for reportable interest and dividend accounts opened -A partnership,corporation, company,or association created or organized in the after 1983 only). United States or under the laws of the United States; Certain payees and payments are exempt from backup withholding.See Exempt -An estate(other than a foreign estate);or payee code on page 3 and the separate Instructions for the Requester of Form W-9 for more information. -A domestic trust(asdefined in Regulations section 301.7701-7). Also see Special rules for partnerships above. Special rules for partnerships.Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section What is FATCA reporting? 1446 on any foreign partners'share of effectively connected taxable income from such business.Further,in certain cases where a Form W-9 has not been received, The Foreign Account Tax Compliance Act(FATCA)requires a participating foreign the rules under section 1446 require a partnership to presume that a partner is a financial institution to report all United States account holders that are specified foreign person,and pay the section 1446 withholding tax.Therefore,if you are a United States persons.Certain payees are exempt from FATCA reporting.See U.S.person that is a partner in a partnership conducting a trade or business in the Exemption from FATCA reporting code on page 3 and the Instructions for the United States,provide Form W-9 to the partnership to establish your U.S.status Requester of Form W-9 for more information. and avoid section 1446 withholding on your share of partnership income. In the cases below,the following person must give Form W-9 to the partnership Updating Your Information for purposes of establishing its U.S.status and avoiding withholding on its You must provide updated information to any person to whom you claimed to be allocable share of net income from the partnership conducting a trade or business an exempt payee if you are no longer an exempt payee and anticipate receiving in the United States: reportable payments in the future from this person.For example,you may need to -In the case of a disregarded entity with a U.S.owner,the U.S.owner of the provide updated information if you are a C corporation that elects to be an S disregarded entity and not the entity; corporation,or if you no longer are tax exempt. In addition,you must furnish a new Form W-9 if the name or TIN changes for the account;for example,if the grantor -In the case of a grantor trust with a U.S.grantor or other U.S.owner,generally, of a grantor trust dies. the U.S.grantor or other U.S.owner of the grantor trust and not the trust;and -In the case of a U.S.trust(otherthan a grantor trust),the U.S.trust(otherthan a Penalties grantor trust)and not the beneficiaries of the trust. Failure to furnish TIN.If you fail to furnish your correct TIN to a requester,you are Foreign person.If you are a foreign person or the U.S.branch of a foreign bank subject to a penalty of$50 for each such failure unless your failure is due to that has elected to be treated as a U.S.person,do not use Form W-9.Instead,use reasonable cause and not to willful neglect. the appropriate Form W-8 or Form 8233(see Publication 515,Withholding of Tax Civil penalty for false information with respect to withholding.If you make a on Nonresident Aliens and Foreign Entities). false statement with no reasonable basis that results in no backup withholding, Nonresident alien who becomes a resident alien.Generally,only a nonresident you are subject to a$500 penalty. alien individual may use the terms of a tax treaty to reduce or eliminate U.S.tax on Criminal penalty for falsifying information.Willfully falsifying certifications or certain types of income.However,most tax treaties contain a provision known as affirmations may subject you to criminal penalties including fines and/or a"saving clause."Exceptions specified in the saving clause may permit an imprisonment. exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S.resident alien for tax purposes. Misuse of TINS.If the requester discloses or uses TINs in violation of federal law, If you are a U.S.resident alien who is relying on an exception contained in the the requester may be subject to civil and criminal penalties. saving clause of a tax treaty to claim an exemption from U.S.tax on certain types of income,you must attach a statement to Form W-9 that specifies the following Specific Instructions five items: 1.The treaty country.Generally,this must be the same treaty under which you Line 1 claimed exemption from tax as a nonresident alien. You must enter one of the following on this line;do not leave this line blank.The 2.The treaty article addressing the income. name should match the name on your tax return. 3.The article number(or location)in the tax treaty that contains the saving If this Form W-9 is for a joint account, list first,and then circle,the name of the clause and its exceptions. person or entity whose number you entered in Part I of Form W-9. 4.The type and amount of income that qualifies for the exemption from tax. a. Individual.Generally,enter the name shown on your tax return.If you have changed your last name without informing the Social Security Administration (SSA) 5.Sufficient facts to justify the exemption from tax under the terms of the treaty of the name change,enter your first name,the last name as shown on your social article. security card,and your new last name. Example.Article 20 of the U.S.-China income tax treaty allows an exemption Note.ITIN applicant:Enter your individual name as it was entered on your Form from tax for scholarship income received by a Chinese student temporarily present W-7 application, line 1a.This should also be the same as the name you entered on in the United States.Under U.S.law,this student will become a resident alien for the Form 1040/1040A/1040EZ you filed with your application. tax purposes if his or her stay in the United States exceeds 5 calendar years. However,paragraph 2 of the first Protocol to the U.S.-China treaty(dated April 30, b. Sole proprietor or single-member LLC.Enteryour individual name as 1984)allows the provisions of Article 20 to continue to apply even after the shown on your 1040/1040A/1040EZ on line 1.You may enter your business,trade, Chinese student becomes a resident alien of the United States.A Chinese student or"doing business as"(DBA)name on line 2. who qualifies for this exception (under paragraph 2 of the first protocol)and is c. Partnership,LLC that is not a single-member LLC,C Corporation,or S relying on this exception to claim an exemption from tax on his or her scholarship Corporation.Enterthe entity's name as shown on the entity's tax return on line 1 or fellowship income would attach to Form W-9 a statement that includes the and any business,trade,or DBA name on line 2. information described above to support that exemption. d. Other entities.Enter your name as shown on required U.S.federal tax If you are a nonresident alien or a foreign entity,give the requester the documents on line 1.This name should match the name shown on the charter or appropriate completed Form W-8 or Form 8233. other legal document creating the entity.You may enter any business,trade,or DBA name on line 2. Backup Withholding e. Disregarded entity.For U.S.federal tax purposes,an entity that is What is backup withholding?Persons making certain payments to you must disregarded as an entity separate from its owner is treated as a"disregarded under certain conditions withhold and pay to the IRS 28%of such payments.This entity." See Regulations section 301.7701-2(c)(2)(iii).Enter the owner's name on is called"backup withholding." Payments that may be subject to backup line 1.The name of the entity entered on line 1 should never be a disregarded withholding include interest,tax-exempt interest,dividends, broker and barter entity.The name on line 1 should be the name shown on the income tax return on exchange transactions,rents,royalties,nonemployee pay,payments made in which the income should be reported.For example,if a foreign LLC that is treated settlement of payment card and third party network transactions,and certain as a disregarded entity for U.S.federal tax purposes has a single owner that is a payments from fishing boat operators.Real estate transactions are not subject to U.S.person,the U.S.owner's name is required to be provided on line 1.If the backup withholding. direct owner of the entity is also a disregarded entity,enter the first owner that is You will not be subject to backup withholding on payments you receive if you not disregarded for federal tax purposes.Enter the disregarded entity's name on give the requester your correct TIN,make the proper certifications, and report all line 2,"Business name/disregarded entity name."If the owner of the disregarded your taxable interest and dividends on your tax return. entity is a foreign person,the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S.TIN. Payments you receive will be subject to backup withholding if: 1.You do not furnish your TIN to the requester, 2.You do not certify your TIN when required(see the Part II instructions on page 3 for details), Form W-9(Rev.12-2014) Page 3 Line 2 2 However,the following payments made to a corporation and reportable on Form If you have a business name,trade name,DBA name,or disregarded entity name, 1099-MISC are not exempt from backup withholding: medical and health care you may enter it on line 2. payments,attorneys'fees,gross proceeds paid to an attorney reportable under section 6045(f),and payments for services paid by a federal executive agency. Line 3 Exemption from FATCA reporting code.The following codes identify payees Check the appropriate box in line 3 for the U.S.federal tax classification of the that are exempt from reporting under FATCA.These codes apply to persons person whose name is entered on line 1.Check only one box in line 3. submitting this form for accounts maintained outside of the United States by certain foreign financial institutions.Therefore,if you are only submitting this form Limited Liability Company(LLC).If the name on line 1 is an LLC treated as a for an account you hold in the United States,you may leave this field blank. partnership for U.S.federal tax purposes,check the"Limited Liability Company" Consult with the person requesting this form if you are uncertain if the financial box and enter"P" in the space provided. If the LLC has filed Form 8832 or 2553 to institution is subject to these requirements.A requester may indicate that a code is be taxed as a corporation, check the"Limited Liability Company" box and in the not required by providing you with a Form W-9 with"Not Applicable" (or any space provided enter"C"for C corporation or"S"for S corporation. If it is a similar indication)written or printed on the line for a FATCA exemption code. single-member LLC that is a disregarded entity,do not check the"Limited Liability Company" box;instead check the first box in line 3"Individual/sole proprietor or A—An organization exempt from tax under section 501(a)or any individual single-member LLC." retirement plan as defined in section 7701(a)(37) Line 4, Exemptions B—The United States or any of its agencies or instrumentalities If you are exempt from backup withholding and/or FATCA reporting,enter in the C—A state,the District of Columbia,a U.S.commonwealth or possession,or appropriate s ace in line 4 an code(s)that n apply to you. any of their political subdivisions or instrumentalities p y () y pp y y D—A corporation the stock of which is regularly traded on one or more Exempt payee code. established securities markets,as described in Regulations section - Generally,individuals(including sole proprietors)are not exempt from backup 1.1472-1(c)(1)(i) withholding. E—A corporation that is a member of the same expanded affiliated group as a - Except as provided below,corporations are exempt from backup withholding corporation described in Regulations section 1.1472-1(c)(1)(i) for certain payments,including interest and dividends. F—A dealer in securities,commodities, or derivative financial instruments - Corporations are not exempt from backup withholding for payments made in (including notional principal contracts, futures,forwards, and options)that is settlement of payment card or third party network transactions. registered as such under the laws of the United States or any state - Corporations are not exempt from backup withholding with respect to attorneys' G—A real estate investment trust fees or gross proceeds paid to attorneys,and corporations that provide medical or H—A regulated investment company as defined in section 851 or an entity health care services are not exempt with respect to payments reportable on Form registered at all times during the tax year under the Investment Company Act of 1099-MISC. 1940 The following codes identify payees that are exempt from backup withholding. I—A common trust fund as defined in section 584(a) Enter the appropriate code in the space in line 4. 1—An organization exempt from tax under section 501(a),any IRA,or a J—A bank as defined in section 581 custodial account under section 403(b)(7)if the account satisfies the requirements K—A broker of section 401(f)(2) L—A trust exempt from tax under section 664 or described in section 4947(a)(1) 2—The United States or any of its agencies or instrumentalities M—A tax exempt trust under a section 403(b)plan or section 457(g)plan 3—A state,the District of Columbia,a U.S.commonwealth or possession,or Note.You may wish to consult with the financial institution requesting this form to any of their political subdivisions or instrumentalities determine whether the FATCA code and/or exempt payee code should be 4—A foreign government or any of its political subdivisions,agencies,or completed. instrumentalities Line 5 5—A corporation 6—A dealer in securities or commodities required to register in the United Enteryour address(number,street,and apartment or suite number).This is where States,the District of Columbia,or a U.S.commonwealth or possession the requester of this Form W-9 will mail your information returns. 7—A futures commission merchant registered with the Commodity Futures Line 6 Trading Commission Enter your city,state,and ZIP code. 8—A real estate investment trust 9—An entity registered at all times during the tax year under the Investment Part I. Taxpayer Identification Number(TIN) Company Act of 1940 Enter your TIN in the appropriate box.If you are a resident alien and you do not 10—A common trust fund operated by a bank under section 584(a) have and are not eligible to get an SSN,your TIN is your IRS individual taxpayer identification number(ITIN).Enter it in the social security number box.If you do not 11—A financial institution have an ITIN,see How to get a TIN below. 12—A middleman known in the investment community as a nominee or If you are a sole proprietor and you have an EIN,you may enter either your SSN custodian or EIN.However,the IRS prefers that you use your SSN. 13—A trust exempt from tax under section 664 or described in section 4947 If you are a single-member LLC that is disregarded as an entity separate from its The following chart shows types of payments that may be exempt from backup owner(see Limited Liability Company(LLC)on this page),enter the owner's SSN withholding. The chart applies to the exempt payees listed above,1 through 13. (or EIN,if the owner has one).Do not enter the disregarded entity's EIN.If the LLC is classified as a corporation or partnership,enter the entity's EIN. IF the payment is for... THEN the payment is exempt for... Note.See the chart on page 4 for further clarification of name and TIN combinations. Interest and dividend payments All exempt payees except How to get a TIN.If you do not have a TIN,apply for one immediately.To apply for for 7 an SSN,get Form SS-5,Application for a Social Security Card,from your local SSA office or get this form online at wvvw.ssa.gov.You may also get this form by calling Broker transactions Exempt payees 1 through 4 and 6 1-800-772-1213. Use Form W-7,Application for IRS Individual Taxpayer through 11 and all C corporations. S Identification Number,to apply for an ITIN,or Form SS-4,Application for Employer corporations must not enter an exempt Identification Number,to apply for an EIN.You can apply for an EIN online by payee code because they are exempt accessing the IRS website at www.irs.gou/businesses and clicking on Employer only for sales of noncovered securities Identification Number(EIN)under Starting a Business.You can get Forms W-7 and acquired prior to 2012. SS-4 from the IRS by visiting IRS.gov or by calling 1-800-TAX-FORM (1-800-829-3676). Barter exchange transactions and Exempt payees 1 through 4 If you are asked to complete Form W-9 but do not have a TIN,apply for a TIN patronage dividends and write"Applied For"in the space for the TIN,sign and date the form,and give it Payments over$600 required to be Generally,exempt payees to the requester.For interest and dividend payments,and certain payments made reported and direct sales over o be 1 through 5z with respect to readily tradable instruments,generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments.The 60-day rule does not apply to other types of payments.You will be Payments made in settlement of Exempt payees 1 through 4 subject to backup withholding on all such payments until you provide your TIN to payment card or third party network the requester. transactions Note.Entering"Applied For"means that you have already applied for a TIN or that 1 See Form 1099-MISC,Miscellaneous Income,and its instructions. you intend to apply for one soon. Caution:A disregarded U.S.entity that has a foreign owner must use the appropriate Form W-8. Form W-9(Rev.12-2014) Page 4 Part II. Certification 3You must show your individual name and you may also enter your business or DBA name on the"Business name/disregarded entity"name line.You may use either your SSN or EIN(if you To establish to the withholding agent that you are a U.S.person,or resident alien, have one),but the IRSencourages you to use your SSN. sign Form W-9.You may be requested to sign by the withholding agent even if 4 items 1,4,or 5 below indicate otherwise. List first and circle the name of the trust,estate,or pension trust.(Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account For ajoint account,only the person whose TIN is shown in Part I should sign title.)Also see Special rules for partnerships on page 2. (when required).In the case of a disregarded entity,the person identified on line 1 *Note.Grantor also must provide a Form W-9 to trustee of trust. must sign.Exempt payees,see Exempt payee code earlier. Note.If no name is circled when more than one name is listed,the number will be Signature requirements.Complete the certification as indicated in items 1 considered to be that of the first name listed. through 5 below. Secure Your Tax Records from Identity Theft 1.Interest,dividend,and barter exchange accounts opened before 1984 and broker accounts considered active during 1983.You must give your Identity theft occurs when someone uses your personal information such as your correct TIN,but you do not have to sign the certification. name,SSN,or other identifying information,without your permission,to commit 2.Interest,dividend,broker,and barter exchange accounts opened after fraud or other crimes.An identity thief may use your SSN to get a job or may file a 1983 and broker accounts considered inactive during 1983.You must sign the tax return using your SSN to receive a refund. certification or backup withholding will apply.If you are subject to backup To reduce your risk: withholding and you are merely providing your correct TIN to the requester,you -Protect your SSN, must cross out item 2 in the certification before signing the form. -Ensure your employer is protecting your SSN,and 3.Real estate transactions.You must sign the certification.You may cross out item 2 of the certification. -Be careful when choosing a tax preparer. 4.Other payments.You must give your correct TIN,but you do not have to sign If your tax records are affected by identity theft and you receive a notice from the certification unless you have been notified that you have previously given an the IRS,respond right away to the name and phone number printed on the IRS incorrect TIN."Other payments" include payments made in the course of the notice or letter. requester's trade or business for rents,royalties,goods(other than bills for If your tax records are not currently affected by identity theft but you think you merchandise),medical and health care services(including payments to are at risk due to a lost or stolen purse or wallet,questionable credit card activity corporations),payments to a nonemployee for services,payments made in or credit report,contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit settlement of payment card and third party network transactions,payments to Form 14039. certain fishing boat crew members and fishermen,and gross proceeds paid to attorneys(including payments to corporations). For more information,see Publication 4535,Identity Theft Prevention and Victim Assistance. 5.Mortgage interest paid by you,acquisition or abandonment of secured Victims of identity theft who are experiencing economic harm or a system property,cancellation of debt,qualified tuition program payments(under problem,or are seeking help in resolving tax problems that have not been resolved section 52ns IRA,pensioCovern ESA,Archer MSA u HSA contributions IN through normal channels,may be eligible for Taxpayer Advocate Service(TAS) distributions,and pension distributions.You must give your correct TIN,but you assistance.You can reach TAS by calling the TAS toll-free case intake line at do not have to sign the certification. 1-877-777-4778 or TTY/TDD 1-800-829-4059. What Name and Number To Give the Requester Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business For this type of account: Give name and SSN of: emails and websites.The most common act is sending an email to a user falsely 1.Individual The individual claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. 2.Two or more individuals(joint The actual owner of the account or, account) if combined funds,the first The IRS does not initiate contacts with taxpayers via emails.Also,the IRS does individual on the account' not request personal detailed information through email or ask taxpayers for the PIN numbers,passwords,or similar secret access information for their credit card, 3.Custodian account of a minor The minor` bank,or other financial accounts. (Uniform Gift to Minors Act) If you receive an unsolicited email claiming to be from the IRS,forward this 4.a.The usual revocable savings The grantor-trustee' message to phishing@irs.gov.You may also report misuse of the IRS name,logo, trust(grantor is also trustee) or other IRS property to the Treasury Inspector Generalfor Tax Administration b.So-called trust account that is The actual owner' (TIGTA)at 1-800-366-4484.You can forward suspicious emails to the Federal not a legal or valid trust under Trade Commission at:spam@uce.gov or contact them at www.ftc.gov/idtheft or state law 1-877-IDTHEFT(1-877-438-4338). 5.Sole proprietorship or disregarded The owner' Visit IRS.gov to learn more about identity theft and how to reduce your risk. entity owned by an individual 6.Grantor trust filing under Optional The grantor* Privacy Act Notice Form 1099 Filing Method 1 (see Regulations section 1.671-4(b)(2)(i) Section 6109 of the Internal Revenue Code requires you to provide your correct TIN (A)) to persons(including federal agencies)who are required to file information returns with the IRS to report interest,dividends,or certain other income paid to you; For this type of account: Give name and EIN of: mortgage interest you paid;the acquisition or abandonment of secured property; 7.Disregarded entity not owned by an The owner the cancellation of debt;or contributions you made to an IRA,Archer MSA,or HSA. individual The person collecting this form uses the information on the form to file information 8.A valid trust,estate,or pension trust Legal entity° returns with the IRS,reporting the above information.Routine uses of this information include giving it to the Department of Justice for civil and criminal 9.Corporation or LLC electing The corporation litigation and to cities,states,the District of Columbia,and U.S.commonwealths corporate status on Form 8832 or and possessions for use in administering their laws.The information also may be Form 2553 disclosed to other countries under a treaty,to federal and state agencies to enforce 10.Association,club, religious, The organization civil and criminal laws,or to federal law enforcement and intelligence agencies to charitable,educational,or other tax- combat terrorism.You must provide your TIN whether or not you are required to file exempt organization a tax return.Under section 3406,payers must generally withhold a percentage of 11.Partnership or multi-member LLC The partnership taxable interest,dividend,and certain other payments to a payee who does not give a TIN to the payer.Certain penalties may also apply for providing false or 12.A broker or registered nominee The broker or nominee fraudulent information. 13.Account with the Department of The public entity Agriculture in the name of a public entity(such as a state or local government,school district, or prison)that receives agricultural program payments 14.Grantor trust filing under the Form The trust 1041 Filing Method or the Optional Form 1099 Filing Method 2(see Regulations section 1.671-4(b)(2)(i) (B)) 1 List first and circle the name of the person whose number you furnish.If only one person on a joint account has an SSN,that person's number must be furnished. 2 Circle the minor's name and furnish the minor's SSN. Fft C`( '; UNBEACH,l {CRA Vendor ID: COMMUNffY REDEVELOPMENT A Office use only Vendor Application • Submit a current W-9 with application The CRA's Vendor List is updated periodically. An updated W-9 is required whenever there is a change in address, and must be submitted to the CRA Finance Department. Phone number is 561-600-9092 or 561-600-9095. All the *fields are required Apply Date* Federal ID#* Company Type* ❑Corporation ❑ Individual/Sole Proprietor ❑ Joint Venture ❑ LLC ❑l Partnership/Limited Partnership ❑ Non Profit* Company Name* D.B.A Email Address* Address* Suite/Unit# City* State/Province* Zip Code* Phone No_ Ext. Fax# Contact Person* Title Mobile# ❑ Check this box if the Billing Address is same as Company Address. Otherwise please complete the following: Address* Suite/Unit# City* State/Province* Zip Code* Phone No_ Ext. Fax# Contact Person* Title Mobile# Principal line of business: PLEASE NOTE:THE STATE OF FLORIDA HAS A BROAD PUBLIC RECORDS LAW.ALL RECORDS OF THE STATE OR POLITICAL SUBDIVISIONS OF THE STATE ARE OPEN FOR PUBLIC INSPECTION AND COPYING,SUBJECT TO CERTAIN STATUTORY EXEMPTIONS. IF YOU CHOOSE TO PROVIDE PERSONAL INFORMATION SUCH AS YOUR NAME, EMAIL ADDRESS,PHONE NUMBER(S),ADDRESS OR ANY OTHER PERSONAL INFORMATION IN THIS CONTACT FORM OR OTHER FORM ON THIS SITE,UNLESS EXEMPTED BY FLORIDA STATUTES,THIS INFORMATION IS A PUBLIC RECORD UNDER FLORIDA'S GOVERNMENT IN THE SUNSHINE LAWS AND IS AVAILABLE FOR PUBLIC INSPECTION UPON REQUEST.IF YOU DO NOT WANT THIS INFORMATION RELEASED IN RESPONSE TO A PUBLIC RECORDS REQUEST,PLEASE DO NOT SUBMIT THIS INFORMATION.IF YOU HAVE QUESTIONS ABOUT OUR WEBSITE'S PRIVACY POLICIES,PLEASE CONTACT US AT 561-600-9092 or 561-600-9095. Small Business Disaster Relief Forgivable Loan Program Recipients Business Name Address Business Type 4 Reel Services 332 W. Boynton Beach Boulevard Service A Step Above Learning Center 1114 SE 2nd Street Childcare ABC Rentals 401 E. Boynton Beach Boulevard Equipment Rental AK Architects 100 NE 6th Street,Unit 102 Architect Alchemy Eco Salon 640 E.Ocean Avenue,Unit 5 Hair Salon Anchors Away Travel Cruises and Tours,Inc. 112 S. Federal Highway,Unit 3 Travel Agency Angel's Secrets 640 E.Ocean Avenue,Unit 9 Retail Apex Network Physical Therapy 906 S. Federal Highway Medical Office Appliance King 224 NE 3rd Street Retail Baciami 1415 S. Federal Highway Restaurant Bailey's Blendz 640 E.Ocean Avenue,Unit 16 Restaurant Beach Tennis 625 S. Federal Highway Retail Beacon Engineering 625 Casa Loma Boulevard, Unit 106 Professional Office Big City Towing* 510 NE 3rd Street Automotive Boardwalk 209 N. Federal Highway Restaurant Boca Babes OBGYN 625 Casa Loma Boulevard, unit 102 Medical Office Bon Zouti 1600 N. Federal Highway,Unit 6 Restaurant Bond Street Ale and Coffee 1626 S. Federal Highway Restaurant Borino Enterprises,Inc. * 518 Industrial Avenue Auto Dent Repair Boulevard Paints 618 E.Ocean Avenue Retail Boynton Auto Repair and Transmission, LLC* 409 N. Railroad Avenue Auto Repair Boynton Beach Dive Center 212 S. Federal Highway Retail Boynton Beach Florist 640 E.Ocean Avenue,Unit 3 Florist Boynton Beach Parasailing 735 Casa Loma Boulevard,Slip 16 Marina Boynton Billiards 1950 S. Federal Highway Retail Boynton Diner 500 E.Woolbright Road Restaurant Bridal by Marly 1100 Federal Highway,Unit 7 Bridal Boutique Bruno's Auto Body 217 NE 3rd Street Auto Body By Cycle 640 E.Ocean Avenue,Unit 21 Retail Cafe Frankies 640 E.Ocean Avenue,Unit 12 Restaurant Chez Andrea 480 E.Ocean Avenue Restaurant CK's Lockshop&Security Center 301 SE 4th Street Retail Clear Copy 1304 N. Federal Highway Service Common Grounds 1517 S. Federal Highway Restaurant Custom Lawn Service, Inc. 314 NE 3rd Street Lawn Service Del Sol Bakery 1600 N. Federal Highway,Unit 15 Bakery Dr.Beth Frosch,P.A. 112S. Federal Highway,Unit 2 Medical Office Dr.Timothy Keurig 1815 S. Federal Highway Medical Office Driftwood 2005 S. Federal Highway Restaurant Dunkin'Donuts 1317 S. Federal Highway Bakery East Coast Insurance 612 N. Federal Highway Professional Office East Side Creative Hair Salon 614 N. Federal Highway Hair Salon Eye&Ear 514 E.Woolbright Road Medical Office FICE Design 488 N. Federal Highway Professional Office Fish Envy 735 Casa Loma Boulevard Marina Florida Health Care Associates, P.L 709 S. Federal Highway,Suite 5 Medical Office Florida Professional Business Systems, Inc. 1240 S. Federal Highway Accounting Office Florida Tackle Company 1550 N. Federal Highway,Unit 11 Retail Florida Technical Consultants, LLC 533 E.Ocean Avenue,Unit 2 Engineering Fly&Flow Fitness 640 E.Ocean Avenue,Unit 20 Fitness Health Zoo 538 E.Woolbright Avenue Fitness Home with Help of Florida 1220 S. Federal Highway Nurse Registry Hour Cucina 411 S. Federal Highway Commissary Kitchen Hudson Realty 300 S. Federal Highway Realty Hurricane Alley Raw Bar&Restaurant 529 E.Ocean Avenue Restaurant Intracoastal Jet Ski Rentals 700 Casa Loma Boulevard Marina Jackie's Grooming Spa and Hotel 640 E.Ocean Avenue,Unit 18 Retail/Service Jamerican 324 N. Federal Highway Restaurant Law Office of Gary Susser 2755 S. Federal Highway,Unit 13 Law Office LG Auto Sales* 724 N. Federal Highway Auto Sales Main Street Car Wash* 201 E. Boynton Beach Boulevard Auto Detailing Marina Cafe 100 NE 6th St, Unit 108 Restaurant Mario Ferazzoli&Sons,Inc. 419 NE 4th Avenue Tile and Stone Retail Mattlin Fish 735 Casa Loma Boulevard Marina Monarch Pet Memorial 805 N. Federal Highway Service Newco Warranty Services,Inc. 1200 S. Federal Highway,Unit 304 Services Nothnagle Ent. 222 NE 3rd Street Plumbing Novus Escape Room 458 N. Federal Highway Specialty Nutrition Cottage 1815 S. Federal Highway Retail Ocean Architectural Sheet Metal Supply, Inc. 870 W. Industrial Ave,Unit 5 Industrial Ocean OutBoard Inc. 1220 W. Industrial Avenue, Unit 7 Boat Repair Ocean Ridge Chiropractic, Inc. 639 E.Ocean Avenue,Unit 107 Medical Office One Price Dry Cleaner 409 S. Federal Highway Dry Cleaner Organic Kitchen and Mercantile 640 E.Ocean Avenue,Unit 6 Gourmet Food Market Paige Morris,MD 906 S. Federal Highway Medical Office Penn Nails&Spa 640 E.Ocean Avenue Nail Salon Phairis Luxury 413 S. Federal Highway Hair Salon Pioneer Auto Care* 401 N. Railroad Avenue Auto Repair Posh Properties 101 S. Federal Highway Realty Office Precision Auto Body,Inc.* 400 W. Industrial Avenue Auto Body Repair Primary Care Solutions 625 SE 2nd Avenue,Unit C Medical Office Pugh Pools 313 N. Railroad Avenue Service Reel Rival Charters 728 Casa Loma Boulevard Marina RichmenLooks 474 N. Federal Highway Retail Rightchoice Pharmacy 709 S. Federal Highway,Unit 1 Pharmacy Rustic Retreat 1120 N. Federal Highway Assisted Living Sea Mist III 700 Casa Loma Boulevard Marina Seal-Tite Plumbing 406 NE 3rd Avenue Service Service First Processing 1315 N. Federal Highway Professional Office South Florida Marine 725 N. Federal Highway Retail Stain Away 625 Industrial Avenue Carpet Cleaning Starfish Scuba 735 Casa Loma Boulevard Marina Steven Siebert Architectures,Inc. 466 N. Federal Highway Professional Office Sushi Jo 640 E.Ocean Avenue,Unit 4 Restaurant That's Amore 308 N. Federal Highway Restaurant The Blossom Shop 402 E.Ocean Avenue Florist The King's Learning Center 101 NE 5th Avenue Child Care Tokio Ramen 307 E.Woolbright Road Restaurant Tropical Island Restaurant 400 E. Boynton Beach Boulevard Restaurant Troy's BBQ 1920 S. Federal Highway Restaurant Unity Medical Consultants 2755 S. Federal Highway,Unit 1 Advertising * Pending Tier III Approval for Automotive Services 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: July 13, 2021 CRA PROJECTS IN PROGRESS AGENDAITEM: 14.F. 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 and Reallocations $647,905 Grants Awarded since October 1, 2020 ($492,687) Remaining Fund Balance as of 5/7/21: $155,218 List of CRA Board approved Economic Development Program Grantees since October 1. 2020: s s s s d 't H. Longo Insurance 500 Gulfstream Professional Rent Associates, Inc. dba Boulevard Office Reimbursement $11,568 $5,784 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 ApexNetwork 906 S. Federal Medical Rent $15,000 $7,500 Physical Therapy Highway Office Reimbursement N&D Cafes, LLC dba Rent Tropical Smoothie 512 E. Woolbright Restaurant Reimbursement $71,000 $64,000 Cafe Road Property I mprovement Boynton Beach 1102 N. Federal Professional Property Office Condominium, Highway Office I mprovement $50,000 $0 LLC Tokio, Inc. 307 E. Woolbright Restaurant Rent $15,000 $5,308.32 Road Reimbursement Premier Medical 326 W. Boynton Medical Rent Center of Boynton Beach Boulevard Office Reimbursement $11,400 $3,800 Beach, LLC Raj Properties, Inc. 109 E. Boynton Commercial Property $23,057.67 $0 Beach Boulevard Plaza I mprovement AMS Acquisitions, 517 NE 5th Commercial Property LLC Avenue Building Improvements $21,205.80 $10,602.90 Loufranco 609 N. Federal Commercial Property Management Corp Highway Building I mprovement $8,930.40 $3,720.75 Rent Appliance King of 622 N. Federal Reimbursement Retail $15,000 $0 America, I nc. Highway Property I mprovement Yellowbeard, Inc. 1022 N. Federal Fish Market Property $50,000 Withdrawn Highway I mprovement Boynton Beach 1022 N. Federal Rent Seafood Company, Highway Fish Market Reimbursement $21,000 Withdrawn LLC Bud's Ventures, Inc. 509 E. Boynton Property dba Bud's Chicken & Beach Boulevard Restaurant I mprovement $50,000 $0 Seafood Boardwalk Italian Ice 209 N. Federal Ice Cream Property $1,569 $1,569 & Creamery, LLC Highway Shop Improvement Rent ManCave for Men 1513 S. Federal Barber Reimbursement $39,748 $0 Boynton Beach, LLC Highway Shop Property I mprovement 409 E A, LLC 409 N. Railroad Industrial Property $25,000 $0 Avenue Property I mprovement 410 E. Boynton Rent Aurora's Mexican Beach Boulevard, Restaurant Reimbursement $30,333.23 $0 Kitchen, Inc. Unit C Property I mprovement Patterson Plaza, 1815 S. Federal Commercial Property $17,535.98 $0 LLC Highway Property Improvement Rent AIMS Marketing 1600 N. Federal Professional Reimbursement Systems, Inc. Highway, Unit 12 Office Property $25,431.90 $2,171 1 mprovement Shade Tree Music 410 W. Industrial Music Rent $6,900 $0 Studio LLC Avenue, Unit 1 Studio Reimbursement Art-Sea Living, Inc. 412 E. Ocean Art Studio Rent $6,150 $1,025 Avenue, Unit 1 Reimbursement Go French Concept 410 E. Boynton Rent LLC dba Le Petit Beach Boulevard, Bakery Reimbursement $15,450 $0 Pain Unit A&B S. Solloway 1200 S. Federal Medical Property $11,500 $0 Acupuncture, P.A. Highway, Unit 202 Office I mprovement Pending July 13, 2021 Approval Shade Tree Music 410 W. Industrial Music Property $7,694.72 $0 Studio, LLC Avenue, Unit 1 Studio Improvement New Business Tax Receipts issued in June 2021 within the CRA boundaries: Rajas Family Investments, Inc. 1305 S. Federal Highway Commercial Plaza Nationwide Loan Consultants 420 W. Boynton Boulevard, Unit 201 Consultants D and D Construction and Remodel 605 NE 3rd Street Contractor Studio Glo Salon and Spa 413 S. Federal Highway Hair Salon Florida Finest Finishes 522 NE 4th Street Contractor The Duke of Normandy, LLC 402 W. Industrial Avenue Retail Carinis Smokeshop Corp 625 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 April 13, 21 Reallocation: $150,000 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: July 13, 2021 CRA PROJECTS IN PROGRESS AGENDAITEM: 14.G. SUBJECT: Neighborhood Officer Program 2nd Quarter Report Update SUMMARY: At the request of CRA Board Member Penserga, the CRA funded Neighborhood Officer Program (NOP), has provided a year-to-year comparison of the crime activity report (see Attachments 1). Sgt. Diehl will be in attendance to provide a brief overview. FISCAL IMPACT: FY 2020-2021 Budget, Project Fund 02-58500-460: $528,657.08 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan, Heart of Boynton District (pages 105- 118) CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board. ATTACHMENTS: Description D Attachment I -Crime Stat Comparison 2020-2021 r-I N O Q o � M Q0 c-I � N c-I c-I N r-I Ma � M O r- N N c-I c-I O N N M O M M \ O r-I N N N c-I � O O 0 O O N N O O c M \ \ dl � M M k.0M N � \ c-I \ \ O r O O N N O O M M Q0L 00 O L N \ \ c-I � O c-I O +-' ++ 0 0 0 O4J 0 0 m E 0 0 E Q L E U 0 U a U E p U 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: July 13, 2021 OLD BUSINESS AGENDAITEM: 16.A. SUBJECT: Consideration and Discussion of Fiscal Year 2021-2022 Project Fund Budget SUMMARY: The Boynton Beach CRA is a quasi-governmental, Special District operating under Title XI, Chapter 163, Part I I I of the Florida Statutes. The agency's annual financial operations run on a fiscal calendar beginning on October 1st and ending on September 30th of each year. The CRA does not obtain its revenue from charging an additional tax. The CRA receives its annual funding based on a percentage share of the existing ad-valorem property taxes paid to the City of Boynton Beach and Palm Beach County. The CRA's annual budget is comprised of three accounting funds: 1. The General Fund which contains the administrative, general operation, insurances, property maintenance and CRA/CRAAB and marina related items; 2. the Debt Service Fund which contains the CRAs financial debt obligations and encumbrances such as bond repayments and developer's tax increment funding agreements; and, 3. the Project Fund which contains all of the capital projects, development projects or initiatives, property acquisitions, local business grant programs or promotional events, as well as eligible innovative policing activities such as the Neighborhood Officer Program; At this first CRA budget meeting, the Board's FY 2021-2022 Project Fund budget allocation discussion will assist in identifying the priority projects for the upcoming fiscal year as well as deciding what funding amounts to provide to each proposed Project (see Attachment 1). The Project Fund and overall budget breakdown will identify bond debt obligations, existing tax increment revenue funding agreements obligations and available funding for priority projects, programs or funding requests such as but not limited to the Neighborhood Officer Police Program, District Improvement Projects, Business Development and Promotional Events and Marketing. The CRA's FY 2021-2022 Budget discussion will occur again at the CRA Advisory Board (CRAAB) meetings being held on August 5th and September 2nd as well as the CRA Board's August 10th and September 14th meetings. Final approval and adoption of the CRA's annual budget for Fiscal Year 2021-2022 by the Boynton Beach City Commission is anticipated to occur at their September 21, 2021 meeting. FISCAL IMPACT: To be determined based on Board discussion and action. CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: To be determined by CRA Board based on discussion and direction. ATTACHMENTS: Description D Attachment I - Fiscal Year 2021-2022 Draft Project Fund Budget Worksheets :a0 tfJ O O O O ;Co O ,O N :O N'�J' N O t0 O O O y t•- to O O O Vf 06 O O M 4 tl b h u> to of O O O > O N O O t19 N (D O to Co :O t+ N 1- 0 r In W G O M t0 '7 'nr O :O O N w 'nO t!9 t0 1- N NLL r r O O O r _ 0 d £ O ) Q a - d U C O J <H ow 49 tR 6A tR 49 to t* 64 -40ti? ow 69 40 ow 49 lA ow b> tf> Co OU) ti O O 41r O h+ O O O O O O Co O M C U -p C O (6 M O OD h 4 -- O uf w to vi to t6 N O ..119 NN O O N O N 0 N t, N Cm h N 04 N O r M Co O r to O w 0 t- r r Q 0 w N to O r R r r N ti 1 0 N 0 wtea` ° a a tts 6F. fol es ut to fa Ok 40 60 60 WW M* 49 - +s 6r9 tfs us +� tfs c 0 0 o U) O O O n O m 0 0 0 )o m O Q > ao to N Oa Co N m O 7 AO O O d' O M O W Z £ O a0 h O O t(} (o O O m h O O 7 r (° O h p )t) M Q O CO m O h h to to d• 7 to O N O N N 0 h Q N Co In N W r-- N Q O = N .� i+ N /0(D w O N LL (n N w Q .O N V a Qr 69 E9 603 69 L% tft 6s 69 (fl 6'3 64 64 (03 69 09 t9 (0 f9 tL J Q 0 o 0 H = o £ Q w N ;_ 4 U) O N O ° 401, `' c _q J N 0 - Ji Q 10 £ m m 0 N .o a a a a+ Q N Yi C 0 0 p N tOco N = a) d a a t_ NN a' O N as c v * '=-j c0 41 Ca +°+ O £ ' o Z O 0 £ ZL O tR N > V c_ O ° `0 0 m N moo. 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() 0 0 0) 0 as o 0 0 0 o 0 w d 1) v v ° ° n a v 0 v "oa m m m m m m m m s "s '. 0 0 0 0 0 0 °o 0 0 asL 15 ` v U m 4) 0 0 0 O O O W to .0 U) 'SU) N. W W •T 4 W N x s s s S m m Co tt. U.' Q O .'0 0 0 C 0. O 0 0 0 0 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: July 13, 2021 OLD BUSINESS AGENDAITEM: 16.13. SUBJECT: Consideration of Second Amendment to Contract with Lewis, Longman & Walker, P.A. (LLW)for Legal Services SUMMARY: The CRA Board entered into an agreement with the law firm of Lewis, Longman & Walker, P.A. (LLW) to act as legal counsel for the CRA Board on November 12, 2013 (see Attachment 1). LLW currently provides legal services in areas including but not limited to those concerning CRA Board and staffing matters, agency operations, competitive procurement processes such as ITBs, RFPs, and RFQs, land disposal and acquisition, contracts for goods and services, special events contracts, public records law, purchase, sale, and/or lease contracts, and compliance with statutory requirements. In 2017, the CRA Board approved the First Amendment approving a new monthly retainer rate of $5,000 for general legal services and an increase of $20 in the hourly rate structure for shareholder counsel and $10 in the hourly rate for associate counsel services on project related items (see Attachment II). The contract rate for legal services provided by LLW had remained the same since November 2013. This Second Amendment is being presented by LLW to the CRA Board for their consideration to approve a monthly retainer rate of $6,000 for general legal services and an increase of $20 in the hourly rate structure for shareholder for shareholder counsel and $20 in the hourly rate for associate counsel services on project related items (see Attachment 111). FISCAL IMPACT: Fiscal Year 2021-2022 Budget General Fund Line Item #01-51420-201, $72,000 and Project Fund Line Item #02-58100-213 -to be determined during budget discussions CRA PLAN/PROJ ECT/PROGRAM: 2016 CRA Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the Second Amendment to the legal services agreement providing for a monthly retainer of $6,000 and an increase of $20 in the hourly rate structure for shareholder counsel and $20 in the hourly rate for associate counsel services on project related items. 2. Do not approve the Second Amendment to the legal services agreement providing for a monthly retainer of $6,000 and an increase of $20 in the hourly rate structure for shareholder counsel and $20 in the hourly rate for associate counsel services on project related items. 3. Consideration of alternate terms as discussed by the Board. ATTACHMENTS: Description D Attachment I - Nov 2013 Contract with LLW for Legal Services D Attachment II - FirstAmendment D Attachment III -Second Amendment AGREEMENT FOR LEGAL SERVICES THIS AGREEMENT, made and entered into this day of 013 by and between: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY(hereinafter referred to as "CRA") AND LEWIS, LONGMAN &WALKER, P.A. (hereinafter referred to as "FIRM") WHEREAS, the CRA Board of Commissioners has retained the law firm of LEWIS, LONGMAN & WALKER, P.A. to serve in the capacity of general counsel to the CRA to provide legal services to assist the CRA in its effort to achieve its stated goals and objectives. NOW, THEREFORE, in consideration of the mutual covenants and undertakings and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties do mutually covenant and agree as follows: Section 1. TERM OF AGREEMENT The FIRM serves at the pleasure of the CRA Board; therefore this Agreement is not for a fixed term. This Agreement shall be deemed renewed and amended annually by CRA Board appropriation of funds for legal services in the CRA budget. Any requests for the adjustment of compensation shall be made once annually during review of the CRA budget. Section 2. DUTIES The FIRM shall be responsible for general legal services for the CRA including, but not limited to attendance at CRA Board meetings, real estate transactions, consultation with the CRA administrative staff; and such other matters as directed by the Board. Section 3. FEES AND PAYMENT FOR SERVICES The FIRM is to be paid by the CRA as follows for the services performed pursuant to this Agreement: A. A monthly retainer in the amount of$4,000.00 which shall cover the legal services of attending the regular CRA Board meetings, preparation for the Board meetings, staff and Board discussion and research. B. Legal services shall include, but not be limited to such services as prosecution or defense of litigation, representation of the Board before other entities, i.e.; the Board of County Commission, the City Planning and Development Board, etc., real estate transactions, drafting or review of agreements, contracts, RFQ's, RFD's, employment matters, and shall be billed at the hourly rate of $230.00 for partners, $190.00 for associates and $150.00 for paralegals. Page 1 of 4 C. In addition, the FIRM may bill the CRA for reasonable and ordinary actual expenses including, but not limited to,telephone, postage and copying costs, facsimiles, messenger services, and court costs, which will include but not be limited to, filing fees, service of summons, service of subpoenas, witness fees (including expert witness fees), court reporter fees, etc. D. The FIRM shall submit monthly invoices with summary description of services rendered or expenses incurred and shall retain records which support all billings. The FIRM shall promptly response to any inquiry by a Board Member or CRA staff regarding the FIRM'S billings. Within forty-five(45) days of the end of the CRA's fiscal year end, the FIRM shall provide to the CRA an accounting of the total actual hours spent for the monthly retainer fee. Section 4. DELEGATION The FIRM shall not delegate any of the duties and obligations undertaken by the FIRM without the CRA Board's prior approval. Section 5. TERMINATION This Agreement may be terminated for any reason, or no reason, by FIRM upon thirty (30) days' notice of termination. When termination is by the FIRM, the FIRM shall arrange for the orderly transition of all legal matters being handled by the FIRM. This Agreement may be terminated for any reason, or no reason, by the majority vote of the CRA Board without notice. Section 6. INSURANCE Within ten (10) days of the execution of this Agreement, the FIRM shall provide the CRA with proof of the FIRM's legal malpractice insurance at a limit of liability not less than $2,000,000 Per Claim, and $2,000,000 Annual Aggregate in a policy acceptable to the CRA and provide 30 day written notice of cancellation Workers compensation insurance is required and evidence shall be provided to the CRA of such insurance coverages. Section 7. PUBLIC RECORDS The CRA is public agency subject to Chapter 119, Florida Statutes. The FIRM shall comply with Florida's Public Records Law. Specifically, the FIRM shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the CRA in order to perform the service; 2. Provide the public with access to such public records on the same terms and conditions that the CRA would provide the records and at a cost that does not exceed that provided in chapter 119,Fla. Stat., or as otherwise provided by law; 3. Ensure that public records that are exempt or that are confidential and exempt Page 2 of 4 from public record requirements are not disclosed except as authorized by law; and 4. Meet all requirements for retaining public records and transfer to the CRA, at no cost, all public records in possession of the contractor 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 CRA in a format that is compatible with the information technology systems of the agency. The failure of FIRM to comply with the provisions set forth in this agreement/contract shall constitute a Default and Breach of this Agreement. If FIRM fails to cure the default within seven(7) days' notice from the CRA, the CRA may terminate the Agreement. Section 8. GOVERNING LAW; VENUE The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Any claim, objection or dispute arising out of the terms of this Agreement shall be litigated in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. In the event of litigation, each party shall pay its own legal fees and litigation related expenses. Section 9. ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties relating to the subject matter hereof superseding all prior communications between the parties whether oral or written. This Agreement may not be altered, amended, modified or otherwise changed nor may any of the terms hereof be waived, except by written instrument executed by both parties. The failure of a party to seek redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall not be construed as a waiver, or relinquishment for the future of any covenant, term, condition or election but the same shall continue and remain in full force and effect. Section 10. SEVERABILITY Should any part, term or provision of this Agreement be by the courts decided to be invalid, illegal or in conflict with any law of this State, the validity of the remaining portions or provisions shall not be affected thereby. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. WI ESS: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY /� Va ?o — ame: % ( Maine: Page 3 of 4 LEWIS, LgNGMAN &WALKER, P.A. Name: Keth G. Spilh4 , Sha e lder acne: Page 4 of 4 � Thi� BKST /\�����DK4[NTTDAGRE[�1CNlFURL[( A[ S[KV|CBS <8rstAmcndmenU is entered into by and between the Boynton Beach C011111ILinity Redevelopment Agency (the CRA) and Lewis, Longmun & YVu|kcc P.A. (the FIRM) (collectively referred toaothe Pm1ico and individuuUYreferred houau Party). VVHEBE/\S, the CRA and the [|KM entered into onAgreement for Legal Services (/\oncconcoi) ooNovember l2. 2O|3; and VVUEK[&S, the Parties desire !o nuukc certain changes |o the /\grccnoenC and YVU[VL[/\8, on October 10, 20\7, the CRA Board, at noticed public meeting. voted 10 approve those certain changes. NOW TFIL',REFORF. in consideration ofthe promises contained herein and in the Agreement, the sufficiency o[whiohboth Parties hereby acknowledge: ) ) luuoryorudoo. The recitals and other information above ishereby incorporated herein asi[FuIN, set forth. 2) Effective Date. This First /\nucndoneni yho1| be deemed {obceffective oxofNovember |, 20l7. 3) /tmooudrncuty. Section 3ofthoAgreement ishereby amended 10read oafollows. Deletions are shown as stricken through. additions are shown as underlined. Section 3. The y|KM is to be paid by the CRA ua [u|\nvvx for the services performed pursuant \othis Agreement: /\, /\ monthly rc{uiour in the un-iouni o[ which shall cover the |cgm| services of attending the regular CRA Board meetings. preparation for Ulc Board nucc1ings, gat[und 8ounj discussion and research. Q. ic(,u| services shall include, but not bclimited toSuch services uaprosecution ordnhcnmz of'litigation, rcpn:scn1odono[(hr Board before other entities, ic., the Board o[[mun1y Connniyxion, 1he [i1y P|unnin000d [)cvc|opxoen( Board. etc., real estate transactions. dnybin , orrcvicv/ n[ugrccrncn1u, contracts. B|�)`s. KpP`y, employment matters. and ubu|\ be billed at the hourly rate of S2230250.00 for partners, $4-40260.00 for associates and S 150.00 for paralegals. C, In addition, the FIRM may hi|| the CRA for ncuxonab|c and onjiu actual cxpconcy including, but not limited to. postage and copying costs. facsimiles, messenger scrviocy` and oom1 costs, which will iuo)odc but not be |icuhcd to, filing fees. service of, surunions, suvicco[sohnocuua.vj\ncaafeea(ioc|odingcxpotvj{oces{eeo).coudrcporter /ccs, ctc. D. The FIRM shall Submit monthly invoices with SUrninary description of services rendered or expenses incurred and shall retain records which support all billings. The FIRM shall promptly responsed to any inquiry, by a Board Member or CRA stall' regarding the FIRM's billings. Within forty-five (45) days of the end of the CRA's fiscal year end, the FIRM shall provide to the CRA an accounting of the total actual hours spent for the monthly retainer fee, 4) Review. The FIRM serves at the pleasure of the CRA Board, therefore this Agrecineiwis not for a fixed term. This Agreement shall be deerned renewed and amended bi-annually by CRA Board appropriation of funds for legal services in the CRA budget. Any requests I'or the adjustment of compensation shall be made bi-annually during revie\\ of the CRA budget. 5) General. Except as expressly set forth in this First Amendment, the Agreement is unmodified and remains in full force and effect, and is hereby ratified and confirmed by the CRA and the FIRM. This First Amendment any be executed in any IlUrnber of counterparts, any one and all of which shall constitute the agreement of the Parties and each of which shall be deemed an original. (SIGNATURES ON FOLLOWING PAGES] IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. WITNESSES Lewis, Lo a & W k , P.A. - - ------- -- By: Print Name: , Print N ie: r m LL7„ Title Print Name. STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE me the undersigned authority on this/ � day of July, 2018 personally appeared Tara W. Duhy, Executive Shareholder of Lewis, Longman & Walker,P.A., on behalf of said corporation, who is personally known to me or who has produced a driver's license as identification and who did(did not) take an oath. NOTARY SEAL LYNNEBURNAFORf) ��,.,N Public .FFpV PV I Notary Public •State of Florida Commission k FF 953992 a`o` My Comm.Expires May 18,2020 --.---- ••`F°,FiV��•, Bonded through National Notary Assn. Print Not ry Name My Commission Expires: (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] ICRA SIGNATURE ON FOLLOWING PAGE] 01009812-2 Wl'T'Nl--'SSI--,S BOYNTON BEACH COMMUNITY REDEVE1,1011"MITEA Bv:, v ri6t Nam Steven B. Grant, CRA Chain-nan -int Na STATE' OF F1 COUNTY OF Bl--*FORI" me the Undersigned authority on this day of 2018 personally appeared Steven.13. Boynton Beach Co11111LInity Redevelop ent Agency, on behalf of said Agency. who Is personallN1 kno,.vn'to-.me or \0io has produced a driver's icense as identification and who did (did n0�t -t NOTARY SEAL Notary Public Print Notary Name My Commission Expires:_-_--_- THERESA UTTERBACK Notary Public-State of Florida Commission;GG 182874 Feb5,2 022 'I Notary ry s', MY COMM.Expires Pab 5,2022 Bonded through National Notary Assn. SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES This SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES (Second Amendment) is entered into by and between the Boynton Beach Community Redevelopment Agency (the CRA) and Lewis, Longman & Walker, P.A. (the FIRM) (collectively referred to as the Parties and individually referred to as a Party). WHEREAS, the CRA and the FIRM entered into an Agreement for Legal Services (Original Agreement) on November 12, 2013; and WHEREAS, the CRA Board approved certain changes to the Original Agreement on October 10, 2017; and WHEREAS, the CRA and the FIRM executed the First Amendment to Agreement for Legal Services (First Amendment) in July, 2018; and WHEREAS, the Parties desire to make certain changes to the Original Agreement as modified by the First Amendment(Agreement); and NOW THEREFORE, in consideration of the promises contained herein and in the Agreement, the sufficiency of which both Parties hereby acknowledge: 1) Incorporation. The recitals and other information above is hereby incorporated herein as if fully set forth. 2) Effective Date. This Second Amendment shall be deemed to be effective as of October 1, 2021. 3) Amendments. Section 3 of the Agreement is hereby amended to read as follows. Deletions are shown as stricken through; additions are shown as underlined. Section 3. The FIRM is to be paid by the CRA as follows for the services performed pursuant to this Agreement: A. A monthly retainer in the amount of$5,000 $6,000 which shall cover the legal services of attending the regular CRA Board meetings,preparation for the Board meetings, staff and Board discussion and research. B. Legal services shall include,but not be limited to such services as prosecution or defense of litigation,representation of the Board before other entities, i.e.;the Board of County Commission, the City Planning and Development Board, etc., real estate transactions, drafting or review of agreements, contracts, RFQ's, RFPs, employment matters, and shall be billed at the hourly rate of $250.00 $270 for partners, $200.00 $220 for associates and $150.00 for paralegals. C. In addition, the FIRM may bill the CRA for reasonable and ordinary actual expenses incurred including, but not limited to , messenger 01505084-1 services and court costs, which will include but not be limited to, filing fees, service of summons,service of subpoenas,witness fees(including expert witness fees),court reporter fees, etc. D. The FIRM shall submit monthly invoices with summary description of services rendered or expenses incurred and shall retain records which support all billings. The FIRM shall promptly respond to any inquiry by a Board Member or CRA staff regarding the FIRM's billings. Within forty-five (45) days of the end of the CRA's fiscal year end, the FIRM shall provide to the CRA an accounting of the total actual hours spent for the monthly retainer fee. 4) Review. The FIRM serves at the pleasure of the CRA Board; therefore this Agreement is not for a fixed term. This Agreement shall be deemed renewed and amended bi-annually by CRA Board appropriation of funds for legal services in the CRA budget. Any requests for the adjustment of compensation shall be made bi-annually during review of the CRA budget. 5) General. Except as expressly set forth in this Second Amendment, the Agreement is unmodified and remains in full force and effect, and is hereby ratified and confirmed by the CRA and the FIRM. This Second Amendment any be executed in any number of counterparts, any one and all of which shall constitute the agreement of the Parties and each of which shall be deemed an original. [SIGNATURES ON FOLLOWING PAGES] 01505084-1 IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year first above written. WITNESSES Lewis, Longman &Walker, P.A. By: Print Name: Print Name: Title: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE me the undersigned authority on this day of July, 2018 personally appeared Tara W. Duhy, Executive Shareholder of Lewis, Longman & Walker, P.A., on behalf of said corporation, who is personally known to me or who has produced a driver's license as identification and who did (did not) take an oath. NOTARY SEAL Notary Public Print Notary Name My Commission Expires: [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [CRA SIGNATURE ON FOLLOWING PAGE] 01505084-1 WITNESSES BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Print Name: Steven B. Grant, CRA Chairman Print Name: STATE OF FLORIDA COUNTY OF BEFORE me the undersigned authority on this day of 2018 personally appeared Steven B. Grant, Chairman of Boynton Beach Community Redevelopment Agency, on behalf of said Agency, who is personally known to me or who has produced a driver's license as identification and who did(did not) take an oath. NOTARY SEAL Notary Public Print Notary Name My Commission Expires: 01505084-1 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: July 13, 2021 OLD BUSINESS AGENDAITEM: 16.C. SUBJECT: Discussion and Consideration of a Purchase and Development Agreement between the CRA and Habitat for Humanity of South Palm Beach County, Inc. for the CRA Owned Property located at 545 NW 11 th Avenue SUMMARY: On January 27, 2021, the CRA acquired a vacant lot located at 545 NW 11th Avenue (see Attachment 1) via the Lands Available List from Palm Beach County in the amount of $21,762.35 and paid to satisfy 15 City code violations and lot mowing liens totaling $15,232.30. The final cost for acquisition of this property was $36,994.65 along with the ongoing costs to clear the lot and remove illegal dumping. On March 29, 2021, the CRA received a Letter of Intent to development a single family affordable housing unit from Habitat for Humanity of South Palm Beach County, Inc. (HFHSPBC) for this CRA-owned property (see Attachment 11). HFHSPBC is requesting the transfer of title and ownership of the vacant property in order to construct an new affordable single- family home. On April 13, 2021 the CRA Board accepted HFHSPBC's Letter of I ntent (see Attachment 111). On April 19, 2021 a Public Notice of Intent to Dispose of Real Property (under Section 163.380 (3)(a), F.S.)was published (see Attachment IV). The CRA received no responses to the Notice of Intent to Dispose. Since the property is being disposed of for less than fair value, the disposition requires the approval of the City Commission. On June 15, 2021 the City Commission approved the disposal of the property to HFHSPBC (see Attachment V). The attached Purchase and Development Agreement approved by CRA legal counsel has been executed by HFHSPBC (see Attachment VI). CRA PLAN/PROJ ECT/PROGRAM: 2016 Community Redevelopment Plan - Heart of Boynton CRA BOARD OPTIONS: 1. Approve the Purchase and Development Agreement between the CRA and HFHSPBC as presented. 2. Do not approve the Purchase and Development Agreement between the CRA and HFHSPBC as presented. 3. Alternative direction as determined by the CRA Board. ATTACHMENTS: Description D Attachment III -April 13, 2021 CRA Board Meeting Minutes D Attachment IV - Public Notice of Intent to Dispose D Attachment V -6.15.21 City Agenda Item D Attachment VI - Purchase & Development Agreement 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: April 13, 2021 NEW BUSINESS AGENDAITEM: 16.C. SUBJECT: Discussion and Consideration of a Letter of Intent from Habitat for Humanity of South Palm Beach County, Inc. for the CRA Owned Property located at 545 NW 11th Avenue SUMMARY: On January 27, 2021, the CRA acquired a vacant lot located at 545 NW 11th Avenue (see Attachment 1) via the Lands Available List from Palm Beach County in the amount of $21,762.35 and paid to satisfy 15 City code violations and lot mowing liens totaling $15,232.30. The final cost for acquisition of this property was $36,994.65 along with the ongoing costs to clear the lot and remove illegal dumping. On March 29, 2021, the CRA received a Letter of Interest from Habitat for Humanity of South Palm Beach County, Inc. (HFHSPBC) for this CRA-owned property (see Attachment I I ). HFHSPBC is requesting the transfer of title and ownership of the vacant property in order to construct an new affordable single-family home consisting of three bedrooms, two bathrooms, and a one-car garage. The house will also feature tile flooring throughout, hurricane impact windows, landscaping, and stainless steel appliances. The CRA has successfully partnered with HFHSPBC in the past on the Ocean Breeze West Project, the Model Block Project, and scattered infill sites including the recently dedicated home located at 110 NW 6th Avenue. Due to the infill characteristics of this parcel, providing opportunities for affordable housing would further the goals and objectives of the CRA Plan. As per the CRA's Letter of Intent (LOI) Policy (see Attachment III), the Board have three options as summarized below: Option I - The CRA Board may accept the Letter of Intent and direct the CRA staff and legal counsel to negotiate the terms and conditions of a Purchase and Development to be presented at a future meeting and direct the CRA staff to issue a thirty (30) day Public Notice to Dispose. If during the Public Notice period, the CRA receives one or more additional Letters of Intent to purchase the same property, the CRA Board will direct the CRA staff and legal counsel to develop a request for proposal document to be presented to the CRA Board for their consideration at the next available meeting; Option 11 - The CRA Board may determine that it is in the best interest of the CRAto solicit additional offers to purchase the property, the CRA Board will direct the CRA staff and legal counsel to develop a request for proposal document to be presented to the CRA Board for their consideration at the next available meeting; or, Option III - The CRA Board may determine that it is in the best interest of the CRA to reject the terms and conditions of the Letter of Intent and elect not to proceed with any further action. FISCAL IMPACT: To be determined by the CRA Board CRA PLAN/PROJECT/PROGRAM: 2016 Community Redevelopment Plan - Heart of Boynton CRA BOARD OPTIONS: 1. Accept HFHSPBC's Letter of Intent to transfer the ownership of the CRA-owned property located at 545 NW 11th Avenue to HFHSPBC for the development of an affordable single-family home as proposed and direct staff to issue a 30-day Public Notice to dispose the property and work with legal counsel to bring back a Purchase and Development Agreement with HFHSPBC for Board consideration at the next available CRA Board meeting after the public notice period. 2. Do not accept HFHSPBC's Letter of I ntent for 545 NW 11th Avenue. 3. Alternative direction as determined by the CRA Board. ATTACHMENTS: Description D Attachment I - Location Map D Attachment II - Habitat for Humanity LOI D Attachment III -CRA Letter of Intent (LOI) Policy t al i y R s 1 I i t � v r tt�t 1 � a Q �3 •= �1lo�il,i z m }S�fy�� rev n Tt, ai 17,,Pi ru c t�w7; i F �"u,.',v viii si tiv it z{ k 2 2 �s is n "n Cw" rv- Ctl SU r9 4� LA ro ft3 Mt 7 g cs T- _ 41, FC! LA © p, CL ( G Li T !S � 4J y Habitat for Humanity' Boynton Beach Community Redevelopment Agency March 11, 2021 Michael Simon, Executive Director 710 N. Federal Hwy. Boynton Beach, FL 33435 Dear Michael, Attached please find a map of a vacant property at 545 NW 11th Ave. (PCN 08-43-45-21-14- 000-3580), which Habitat for Humanity of South Palm Beach County respectfully requests that the City of Boynton Beach Community Redevelopment Authority transfer the title/ownership of the property to Habitat for Humanity of South Palm Beach County. Such transfer would enable us to construct a single-family home consisting of 3 Bedrooms, 2 Bathrooms, a 1 Car Garage, All Tile, Hurricane Impact Windows, Double Truss Strapping, Owen's Corning 20 Year Architectural Shingle Roof, Landscape with Sprinkler System, Stucco Siding to Resemble Hardy Board, Covered Porch lined with Columns and Railings, Whirlpool Appliances, Pastel Color Exterior. The timeline to complete each project would be within 24 months from closing. Pictures of representative homes are attached. As we are now constructing a new single-family home at 560 NW 11th Ave., we feel that with the CRA's help we can continue to enhance the Heart of Boynton Beach and Cherry Hills with our mission to upgrade the community and provide affordable and attainable housing to low-income families who need it the most. Respectfully, jt � D 2I Jeffrey Fengler Director of Construction Habitat For Humanity SPBC � � GRA office: 561-819-6070 ext. 111; mobile: 561-371-2191 jfnr afh oca.or s1�1F»?�,}t\14 } „tssr Aa ass, r ; `h Pictured homes are representative samples of homes that Habitat SPBC builds. Final home design will be determined based on the actual size of the property. �}�S l 4,S k�� jk ,rsp�1}is)�1s4si,�.,, �t i 1�{ >t�sS n�{{ �c Ss�1 i �i ?pt ,{S st{i� '���v�)}r���4f1,�,�`•:att, } -_'— � r k�� �`���tt}�\�k)SJjj3\tr})s� �',�;i}�lr�'�i lik±•'Mmh `;,^$ r - st, + 11 ' ,4• - �yys2 t �y�E "i 4 ((� t s1� ��� s1, Y, 1" _d �"^. _ „7 i �4 :!„-"ato6�� �G1 ,s,,,4'x� �,1: a tt,.•(� v „y: st ,}us s» Y•�1� r 1' s_: y Sf t NbY 949t Ave hRN i99r Ave NW i9tl1 Avg f Property Detail_ s Location Address 545 NW 11 TH AVE Municipality BOYNTON BEACH Parcel Control 08-43-45-21 -14-000-3580 Number Subdivision CHERRY HILLS Official Records Book 32133 Page 1343 Sale Date JAN-2021 Legal Description CHERRY HILLS LTS 358 & 359 Owner Information --- Mailing address Owners BOYNTON BEACH CRA 100 E OCEAN AVE FL 4 BOYNTON BEACH FL 33435 4515 Sales Information. Sales Date Price OR Book/Page Sale Type Owner JAN-2021 $21 ,710 32133 / 01343 TAX DEED BOYNTON BEACH CRA Exemption Information Applicant/Owner Year Detail 2021 Property Information-----Number of Units 0 *Total Square Feet 0 I Acres 0.1 169 Use Code 0000 - VACANT Zoning R2 - R2 DUPLEX, 10 DU/AC ( 08-BOYNTON BEACH ) Appraisals-- Tax ppraisals-Tax Year 2020 2019 2018 Improvement Value $0 $0 $0 Land Value $30,000 $21 ,000 $20,117 Total Market Value $30,000 $21 ,000 $20,117 All values are as of,January 1 st each year Assessed and Taxable Values- ,.: Tax Year 2020 2019 2018 Assessed Value $ 12,862 $11 ,693 $10,630 Exemption Amount $ 12,862 $ 11 ,693 $0 Taxable Value $0 $0 $ 10,630 h Taxes Tax Year 2020 2019 2018 Ad Valorem $0 $0 $286 Non Ad Valorem $0 $0 $0 Total tax $0 $0 $286 Dorothy Jacks, CFA, AAS PALM BEACH COUNTY PROPERTY APPRAISER- ISER .pbcgo .org/ PAPA BOYNTON 'Mg"' {5,i<BEACH �CRA Boynton Beach Community Redevelopment Agency Policy for Processing Letters of Intent to Purchase Property The Boynton Beach CRA ("CRA") will use the process outlined in this Policy for Processing Letters of Intent to Purchase Property ("Policy") to address any Letters of Intent to Purchase Property that the CRA receives that are not the result of a formal request for such letters. The Policy is designed to ensure a fair process for property disposal, furthers the goals and objectives of the 2016 Boynton Beach Community Redevelopment Plan, and acts in the best interest of the CRA. Letter of Intent Policy: When the CRA receives a Letter of Intent to purchase a property owned by the CRA, the CRA staff will add an item to the agenda of the next regularly scheduled CRA Board meeting to discuss the Letter of Intent. However, if the Letter of Intent is received by the CRA less than 5 days before the next regularly scheduled CRA Board meeting, the CRA staff will add the Letter of Intent item to the agenda of the next available regularly scheduled CRA Board meeting. The CRA staff will include the Letter of Intent and all supporting documents as backup to the Letter of Intent agenda item. At the regularly scheduled CRA Board meeting,the CRA Board may consider one of the following options upon receipt of a Letter of Intent to purchase a CRA-owned property: Option I - The CRA Board may accept the Letter of Intent and direct the CRA staff and legal counsel to negotiate the terms and conditions of a Purchase and Development to be presented at a future meeting and direct the CRA staff to issue a thirty(30)day Public Notice to Dispose. If during the Public Notice period, the CRA receives one or more additional Letters of Intent to purchase the same property, the CRA Board will direct the CRA staff and legal counsel to develop a request for proposal document to be presented to the CRA Board for their consideration at the next available meeting. The CRA will then follow its regular procedures for issuing requests for proposals, evaluating responses, and selecting the successful proposal(s); Option II - The CRA Board may determine that it is in the best interest of the CRA to solicit additional offers to purchase the property, the CRA Board will direct the CRA staff and legal counsel to develop a request for proposal document to be presented to the CRA Board for their consideration at the next available meeting. The CRA will then follow its regular procedures for issuing requests for proposals, evaluating responses,and selecting the successful proposal(s); or, Option III -The CRA Board may determine that it is in the best interest of the CRA to reject the terms and conditions of the Letter of Intent and elect not to proceed with any further action. 00849969-1 Beach os tt PROOF OF PUBLICATION STATE OF FLORIDA PUBLIC NOTICE Before the undersigned authority, personally appeared Teal Pontarelli, who on oath, says that he/she is a Legal Advertising Representative of The Palm Beach Post, a daily and Sunday newspaper, published in West Palm Beach and distributed in Palm Beach County, Martin County, and St. Lucie County, Florida; that the attached copy of advertising for a Legal- PublicNotice was published in said newspaper on: first date of Publication 04/19/2021 and last date of Publication 04/19/2021. Affiant further says that the said The Palm Beach Post is a newspaper published in West Palm Beach, in said Palm Beach County, Florida and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in said newspaper. BOYNTON BEACH CRA 100TH EAST OCEAN AVE 4TH FLOOR BOYNTON BEACH, FL 33435-3910 Invoice/Order Number: 0000636231 Ad Cost: $199.52 Paid: $0.00 Balance Due: $199.52 Signed (Legal Advertising Agent) Sworn or affirmed to, and subscribed before me,this 23rd day of April,2021 in Testimony whereof, I have hereunto set my hand and affixed my official seal,the day and year aforesaid. APR U C©NWAY Signed camisim#G01012 Exommay2 20 � .5�� BondedTtwTrorf�nBntta�e�38bd010 Please see Ad on following page(s). Page 1 of 2 BOYNTON BEACH CRA 100TH EAST OCEAN AVE 4TH FLOOR BOYNTON BEACH,FL 33435-3910 Invoice/Order Number: 0000636231 Ad Cost: $199.52 Paid: $0.00 Balance Due: $199.52 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY NOTICE OF INTENT TO DISPOSE OF REAL PROPERTY (Section 163.380,F.S.) This notice is being published to satisfy the procedural requirements for activi- ties to be undertaken by the Boynton Beach Community Redevelopment Agency, a public agency created pur- suant to Chapter 163, Part III, of the Florida Statutes. Pursuant to Section 163.380(3)(a), Flori- da Statutes, the Boynton Beach Com- munity Redevelopment Agency ("CRA") hereby provides notice of its intent to dispose of a parcel of real property to Habitat for Humanity of South Palm Beach County, pursuant to the approval of Boynton Beach Com- munity Redevelopment Agency Board on April 13, 2021, which parcel is more particularly identified as follows: Address: 545 NW 11th Avenue, Boynton Beach,FL 33435 PNC #08-43-45-21-14-000-3580 — Lots 358 and 359, Cherry Hills, according to the map of plat thereof as recorded in Plat Book 4, Page 58, Public Records of Palm Beach County, Florida. This intent to dispose of real property serves, the public purpose of construct- ing an affordable single family home pursuant to the Goals and Principles of the 2016 Boynton Beach Community Redevelopment Plan. The 2016 �Boynton Beach Community Redevelop- ment ed opment Plan may be viewed at the C. website- htt s://www.boynton beach c a.c 0 m/a Eo ut-bbcra/p la n s-a n d- ,documents Par-ties interested in making proposals for the above property must submit a proposal within 30 days of April 19, �2021, which is the publication date of this notice. Additional information re- lated to the intent to dispose may be obtained from the CRA at 100 E.Ocean Avenue,4th Floor, Boynton Beach, Flor- ida, 33435, Telephone Number (561) 600-9094. 4-19/2021 0000636231-01 1 Page 2 of 2 The Palm Beach Post BILLED ACCOUNT NUMBER BILLING DATED INVOICETOTAL AMOUNT DUE I STATEMENT# Palm Beach Daily News 36183 04/19/2021 $199.52 BILLING PERIOD TERMS OF PAYMENT PAGE#__ 04/19/2021 Upon Receipt 1 of 1 ADVERTISER CLIENT# ADVERTISER/CLIENT NAME 36183 BOYNTON BEACH CRA BOYNTON BEACH CRA 100TH EAST OCEAN AVE 4TH FLOOR BOYNTON BEACH,FL 33435-3910 For questions concerning this bill call 866-470-7133,Option 2 If paid,please disregard. Thank You Start/Stop Newspaper Product Description-Other Comments/Charges Ad Size Times Run Gross Amount Net Amount Reference Billed Units 04/19/2021 100636231-04192021 The Palm Beach Post BOYNTON BEACH COMMUNITY 1 x 58 L 1 $199.52 05/18/2021 REDEVELOPMENT AGENCY NOTICE 58 OF INTENT TO DISPOSE OF REAL $199.52 PROPERTY(Section 163.380,F.S.) This notice is being published to satisfy the Legals Page B17 4/1912021 Total Amount Due $199.52 y 1 PLEASE DETACH AND RETURN LOWER PORTION WITH YOUR REMITTANCE PAYMENT COUPON STATEMENT# BILLING DATE TERMS OF PAYMENT ADVERTISER CLIENT# ADVERTISERICLIENT NAME 04/19/2021 Upon Receipt 36183 BOYNTON BEACH CRA Please send your payment to: PBN Remittance Address 36183 GateHouse West Palm Beach-Adv BOYNTON BEACH CRA Dept.0688 100TH EAST OCEAN AVE PO Box 120688 4TH FLOOR Dallas,TX 75312-0688 BOYNTON BEACH,FL 33435-3910 TOTAL AMOUNT AMOUNT ENCLOSED $199.52 0050000036183000003618300000000000000199522 6.K. Consent Agenda 6/15/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/15/2021 Requested Action by Commission: Approve the disposition of land by the Boynton Beach Community Redevelopment Agency to Habitat for Humanity of South Palm Beach County for the property located at 545 NW 11th Avenue. Explanation of Request: On 4/13/21,the CRA Board accepted a letter of intent from Habitat for Humanity of South Palm Beach County and authorized moving forward with the notice of intent to dispose for the vacant lot located at 545 NW 11th Avenue. Florida State Statue 163.380; Disposal of property in community redevelopment area states: "In the event the value of such real property being disposed of is for less than the fair value,such disposition shall require the approval of the governing body, which approval may only be given following a duly noticed public hearing" Pursuant to Florida State Statue 163.380 the City Commission is required to approve the disposition since the property is being given to Habitat and is hence being disposed of for less than appraised/fair market value. Staff has reviewed the request and recommends approval. How will this affect city programs or services? There will be no affect to city programs or services. Fiscal Impact: The transfer of property from the CRA to Habitat for Humanity of South Palm Beach County will generate property taxes upon completion of the transaction and construction of the single family home. Alternatives: Do not approve the disposition and request further consideration by the CRA to: 1.Solict additional offers. 2. Reject the terms and conditions and elect not to proceed with the sale. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description Attachment 4-13-21 CRA Agenda Cover Sheet and Back Up Attachment Excerpt of CRA Meeting Minutes of 4-13-21 PURCHASE AND DEVELOPMENT AGREEMENT This Purchase and Development Agreement (hereinafter "Agreement") is made and entered into as of the Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter"SELLER") and HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY, INC., or its affiliated assignee (hereinafter"PURCHASER", and together with the SELLER,the "Parties"). In consideration of TEN DOLLARS AND 00/100 DOLLARS ($10.00) and the mutual covenants and agreements herein set forth, the receipt and sufficiency of which is hereby acknowledged the Parties hereto agree as follows: 1. PURCHASE AND SALE/PROPERTY. SELLER agrees to sell and conveyto PURCHASER and PURCHASER agrees to purchase and acquire from SELLER, on the terms and conditions hereinafter set forth, the real property legally described in Exhibit "A" attached hereto (hereinafter the "Property"). The Parties intend that the purchase and sale and ensuing redevelopment of the Property will be effected in order to reduce slum and blight and to enable the construction of a single family home that would be made available to low income families (the "Project"). 2. PURCHASE PRICE AND PAYMENT. The Purchase Price for the Property shall be TEN AND 00/100 DOLLARS ($10.00) to be paid in full at Closing. SELLER has complied with Section 163.380, Florida Statutes, in proceeding with the sale of the Property to PURCHASER. 3. DEPOSIT. A Deposit in the amount of Two Thousand Five Hundred AND 00/100 DOLLARS($2,500.00)shall be deposited with Lewis, Longman &Walker, P.A. (hereinafter "Escrow Agent") within five (5) business days following execution hereof by the Parties. The Deposit shall be fully refundable to PURCHASER if prior to the expiration of the Feasibility Period (as hereinafter defined)the PURCHASER advises SELLER in writing that it does not intend to complete the purchase of the Property. The Deposit shall be held by Escrow Agent and released to PURCHASER upon PURCHASER's obtaining of a temporary or permanent Certificate of Occupancy (as required by Section 18d below). 4. EFFECTIVE DATE. The date of this Agreement (the "Effective Date") shall be the date when the last one of the SELLER and PURCHASER has signed this Agreement. S. CLOSING DATE. The purchase and sale transaction contemplated herein shall close no sooner than the issuance of a construction permit as referenced in Paragraph 18 of this agreement. 6. TITLE TO BE CONVEYED. At Closing,SELLER shall convey to PURCHASER, by Special Warranty Deed complying with the requirements of the Title Commitment(hereinafter defined), PURCHASER's Initials: 01505749-2 SELLER's Initials: PURCHASE AND DEVELOPMENT AGREEMENT Page 2 of 14 valid,good, marketable and insurable title in fee simple to the Property,free and clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the following(collectively,the "Permitted Exceptions"): (a)general real estate taxes and special assessments for the year of Closing and subsequent years not yet due and payable; (b) covenants, conditions, easements, dedications, rights-of-way and matters of record included on the Title Commitment or shown on the Survey(defined in Section 7.3), to which PURCHASER fails to object, or which PURCHASER agrees to accept. 7. INVESTIGATION OF THE PROPERTY. Within thirty (30) days of the Effective Date, ("Feasibility Period"), PURCHASER and PURCHASER'S agents, employees, designees, Contractors, surveyors, engineers, architects, attorneys and other consultants (collectively, "Agents"), shall have the right, at PURCHASER'S expense, to make inquiries of, and meet with members of Governmental Authorities regarding the Property and to enter upon the Property, at any time and from time to time with reasonable notice to SELLER and so long as said investigations do not result in a business interruption, to perform any and all physical tests, inspections, and investigations of the Property, including but not limited to Phase I and Phase II environmental investigations, which PURCHASER may deem necessary. During the Feasibility Period, PURCHASER may elect, in PURCHASER'S sole and absolute discretion, to terminate this Agreement. If PURCHASER elects to terminate this Agreement in accordance with this Section, PURCHASER shall: (i) leave the Property in substantially the condition existing on the Effective Date; (ii) shall repair and restore any damage caused to the Property by PURCHASER'S testing and investigation; and (iii) release to SELLER, at no cost, all reports and other work generated as a result of the PURCHASER'S testing and investigation. PURCHASER hereby agrees to indemnify and hold SELLER harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, reasonable attorney's fees, for nonpayment for services rendered to PURCHASER (including, without limitation, any construction liens resulting therefrom) or for damage to persons or property arising out of PURCHASER'S investigation of the Property. PURCHASER'S obligations under this Section shall survive the termination, expiration or Closing of this Agreement. 7.1 Seller's Documents. SELLER shall deliver to PURCHASER the following documents and instruments within five (5) days of the Effective Date of this Agreement: any existing title policies, appraisals, copies of any reports or studies (including environmental, engineering, surveys, soil borings and other physical reports) in SELLER'S possession or control with respect to the physical condition of the Property, copies of all permits, authorizations and approvals issued by Governmental Authorities for the Property and any correspondence which discloses claims, allegations or adverse information regarding the Property or SELLER with respect to the Property. 7.2 Title Review. Within thirty (30) days of the Effective Date, SELLER's counsel, as closing agent for the transaction contemplated herein (the "Closing Agent") shall obtain, at the SELLER'S expense, from a Title Company chosen by SELLER (hereinafter "Title PURCHASER's Initials: 01505749-2 SELLER's Initials: PURCHASE AND DEVELOPMENT AGREEMENT Page 3 of 14 Company"), a Title Commitment covering the Property and proposing to insure PURCHASER in the amount of the Purchase Price subject only to the Permitted Exceptions, together with complete and legible copies of all instruments identified as conditions or exceptions in Schedule B of the Title Commitment. PURCHASER shall examine the Title Commitment and deliver written notice to SELLER no later than twenty (20) days after receipt of the Title Commitment notifying SELLER of any objections PURCHASER has to the condition of title (hereinafter "PURCHASER'S Title Objections"). If PURCHASER fails to deliver PURCHASER'S Title Objections to SELLER within the aforesaid review period,title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If PURCHASER timely delivers the PURCHASER'S Title Objections, then SELLER shall have thirty (30) days to cure and remove the PURCHASER'S Title Objections (hereinafter "Cure Period"). In the event that SELLER is unable or unwilling to cure and remove, or cause to be cured and removed, the PURCHASER'S Title Objections within the Cure Period to the satisfaction of PURCHASER, then PURCHASER, in PURCHASER'S sole and absolute discretion, shall have the option of (i) extending the Cure Period and the Closing for one additional thirty (30) day period at no cost to PURCHASER, or(ii)accepting the Title to the Property as of the time of Closing or (iii) canceling and terminating this Agreement, in which case, any Deposits shall be returned to PURCHASER and the Parties shall have no further obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. Prior to the Closing, PURCHASER shall have the right to cause the Title Company to issue an updated Title Commitment("Title Update")covering the Property. If any Title Update contains any conditions which did not appear in the Title Commitment, and such items render title unmarketable, PURCHASER shall have the right to object to such new or different conditions in writing prior to Closing. All rights and objections of the Parties with respect to objections arising from the Title Update shall be the same as objections to items appearing in the Title Commitment, subject to the provisions of this Section. 7.3 Survev Review. PURCHASER, at PURCHASER'S expense, may obtain a current boundary survey (the "Survey") of the Property, indicating the number of acres comprising the Property to the nearest 1/100th of an acre. If the Survey discloses encroachments on the Property or that improvements located thereon encroach on setback lines, easements, lands of others or violate any restrictions, covenants of this Agreement, or applicable governmental regulations, the same shall constitute a title defect and shall be governed by the provisions of Section 7.2 concerning title objections. 8. CONDITIONS TO CLOSING. PURCHASER shall not be obligated to close on the purchase of the Property unless each of the following conditions (collectively,the "Conditions to Closing") are either fulfilled or waived by PURCHASER in writing: 8.1 Representations and Warranties. All of the representations and warranties of SELLER contained in this Agreement shall be true and correct as of Closing. PURCHASER's Initials: 01505749-2 SELLER's Initials: PURCHASE AND DEVELOPMENT AGREEMENT Page 4 of 14 8.2 Pendine Proceedings. At Closing, there shall be no litigation or administrative agency or other governmental proceeding of any kind whatsoever involving the Property or the SELLER, pending or threatened, which has not been disclosed, prior to closing, and accepted by PURCHASER. 8.3 Compliance with Laws and Regulations. The Property shall be in compliance with all applicable federal,state and local laws, ordinances, rules, regulations, codes, requirements, licenses, permits and authorizations as of the date of Closing. 8.4 Construction Permit Approval. The SELLER will cooperate with the PURCHASER with regard to signing and processing any applications and forms required by the City or other authorities having jurisdiction over the PROPERTY to obtain building permit approval and such other design and construction documents as may be reasonably required by PURCHASER to permit the Project to be constructed and operated. The PURCHASER will be responsible for all costs associated with the formulation of the Project's design and construction documents as well any and all applicable permit fees associated with the Project. 9. CLOSING DOCUMENTS. The SELLER shall prepare, or cause to be prepared, the Closing Documents set forth in this Section, except for documents prepared by the Title Company. At Closing, SELLER shall execute and deliver, or cause to be executed and delivered to PURCHASER the following documents and instruments: 9.1 Deed and Authorizing Resolutions. SELLER shall furnish a Special Warranty Deed (the "Deed") conveying to PURCHASER valid, good, marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances and other conditions of title other than the Permitted Exceptions, together with such resolutions or other applicable authorizing documents evidencing approval of the transaction by the SELLER's governing body as the Closing Agent and the title Company may require. 9.2 Seller's Affidavits. SELLER shall furnish to PURCHASER an owner's affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against the Property under the applicable construction lien law, that the SELLER will not record or enter into documents affecting the Property after the last effective date on the Title Commitment,and that there are no parties in possession of the Property other than SELLER. SELLER shall also furnish to PURCHASER a non-foreign affidavit with respect to the Property. In the event SELLER is unable to deliver its affidavits referenced above,the same shall be deemed an uncured Title Objection. 9.3 Closing Statement. A closing statement setting forth the Purchase Price, all credits, adjustments and prorations between PURCHASER and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, which SELLER shall also execute and deliver at Closing. PURCHASER's Initials: 01505749-2 SELLER's Initials: PURCHASE AND DEVELOPMENT AGREEMENT Page 5 of 14 9.4 Corrective Documents. Documentation required to clear title to the Property of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions. 9.5 Additional Documents. Such other documents as PURCHASER or the Title Company may reasonably request that SELLER execute and deliver, and any other documents required by this Agreement or reasonably necessary in order to close this transaction and effectuate the terms of this Agreement. 10. PRORATIONS CLOSING COSTS AND CLOSING PROCEDURES. 10.1 Prorations. Taxes for the Property shall be prorated through the day before Closing. Cash at Closing shall be increased or decreased as may be required by prorations to be made through the day prior to Closing. Taxes shall be prorated based upon the current year's tax with due allowance made for maximum allowable discount. If Closing occurs at a date when the current year's millage is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If current year's assessment is not available, then taxes will be prorated on prior year's tax. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of tax bill which discloses an actual difference in the amount of the taxes estimated at Closing that exceeds$1,000. 10.2 Closing Costs. SELLER shall pay for documentary stamps on the deed, recording the deed and any cost associated with curing title. Purchaser shall pay all other closing expenses. Each party shall be responsible for their respective attorneys' fees. 10.3 Closing Procedure. PURCHASER shall fund the Purchase Price subject to the credits, offsets and prorations set forth herein. SELLER and PURCHASER (as applicable) shall execute and deliver to the Closing Agent the Closing Documents. The Closing Agent shall, at Closing: (i) disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a "marked-up" Title Commitment to PURCHASER, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. 10.4 Existing Mortgages and Other Liens. At Closing, SELLER shall obtain, or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments applicable to and encumbering the Property. 11. REPRESENTATIONS COVENANTS AND WARRANTIES. SELLER hereby represents, covenants and warrants to PURCHASER, as of the Effective Date and as of the Closing Date, as follows: 11.1 Authority. The execution and delivery of this Agreement by SELLER and the consummation by SELLER of the transaction contemplated by this Agreement are within SELLER'S capacity and all requisite action has been taken to make this Agreement valid and PURCHASER's Initials: 01505749-2 SELLER's Initials: PURCHASE AND DEVELOPMENT AGREEMENT Page 6 of 14 binding on SELLER in accordance with its terms.The person executing this Agreement on behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this Agreement represents a valid and binding obligation of SELLER. 11.2 Title. SELLER is and will be on the Closing Date, the owner of valid, good, marketable and insurable fee simple title to the Property, free and clear of all liens, encumbrances and restrictions of any kind,except the Permitted Exceptions(and encumbrances of record which will be discharged at Closing). 11.3 Litigation. There are no actions, suits, proceedings or investigations pending or threatened against Seller or the Property affecting any portion of the Property, including but not limited to condemnation actions. 11.4 Parties in Possession. There are no parties other than SELLER in possession or with a right to possession of any portion of the Property. 11.5 Acts Affecting Property. From and after the Effective Date, SELLER will refrain from (a) performing any grading, excavation, construction, or making any other change or improvement upon or about the Property; (b) creating or incurring, or suffering to exist, any mortgage, lien, pledge, or other encumbrances in any way affecting the Property other than the Permitted Exceptions (including the mortgages, liens, pledges, and other encumbrances existing on the Effective Date) and (c) committing any waste or nuisance upon the Property. 12. DEFAULT. 12.1 PURCHASER'S Default. In the event that this transaction fails to close due to a wrongful refusal to close or default on the part of PURCHASER, SELLER shall be entitled to retain the Deposit, and neither PURCHASER nor SELLER shall have any further obligation or liabilities under this Agreement, except for those expressly provided to survive the termination of this Agreement; provided, however,that PURCHASER shall also be responsible for the removal of any liens asserted against the Property by persons claiming by,through or under PURCHASER. 12.2 SELLER'S Default. In the event that SELLER fails to fully and timely to perform any of its obligations and covenants hereunder or if SELLER is in breach of any representations herein, PURCHASER may, at its option (i) declare SELLER in default under this Agreement in which event PURCHASER may terminate this Agreement, receive back its Deposit and neither party shall have any further rights hereunder. 15.3 Notice of Default. Prior to declaring a default and exercising the remedies described herein, the non-defaulting Party shall issue a notice of default to the defaulting Party describing the event or condition of default in sufficient detail to enable a reasonable person to determine the action necessary to cure the default. The defaulting Party shall have fifteen (15) PURCHASER's Initials: 01505749-2 SELLER's Initials: PURCHASE AND DEVELOPMENT AGREEMENT Page 7 of 14 days from delivery of the notice during which to cure the default, provided, however, that as to a failure to close,the cure period shall only be three (3) business days from the delivery of notice. If the default has not been cured within the aforesaid period, the non-defaulting Party may exercise the remedies described above. 15.4 Survival. The provisions of this Section 15 shall survive the termination of this Agreement. 16. NOTICES. All notices required in this Agreement must be in writing and shall be considered delivered when received by certified mail, return receipt requested, or personal delivery to the following addresses: If to Seller: Michael Simon, Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4th Floor Boynton Beach, FL 33435 With a copy to: Kenneth Dodge, Esquire Lewis, Longman &Walker, P.A. 360 Rosemary Avenue, Suite 1100 West Palm Beach, FL 33401 If to Purchaser: Jeffrey Fengler, Director of Construction Habitat for Humanity of South Palm Beach County, Inc. 181 S.E. 51h Avenue Delray Beach, FL 33483 With a copy to: 13. BINDING OBLIGATION/ASSIGNMENT. The terms and conditions of this Agreement are hereby made binding on, and shall inure to the benefit of, the successors and permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement without the prior written consent of PURCHASER,which shall not be unreasonably withheld. Itis understood, however, that SELLER may assign its interest to the City of Boynton Beach without the prior written consent of PURCHASER. This Agreement may be freely assigned by PURCHASER to a wholly owned or controlled assignee of PURCHASER, and thereafter PURCHASER'S assignee shall be obligated to close the transaction contemplated herein as if such assignee were the original party to this Agreement. Any assignment by PURCHASER to an unrelated party shall be subject PURCHASER's Initials: 01505749-2 SELLER's Initials: PURCHASE AND DEVELOPMENT AGREEMENT Page 8 of 14 to the written approval of SELLER, which shall not be unreasonably withheld. 14. RISK OF LOSS. In the event the condition of the Property, or any part thereof, is materially altered by an act of God or other natural force beyond the control of SELLER, PURCHASER may elect, as its sole option, to terminate this Agreement and receive a refund of the Deposit and the parties shall have no further obligations under this agreement, or PURCHASER may accept the Property without any reduction in the value of the Property. In the event of the institution of any proceedings by any Governmental Authority which shall relate to the proposed taking of any portion of the Property by eminent domain prior to Closing, or in the event of the taking of any portion of the Property by eminent domain prior to Closing, SELLER shall promptly notify PURCHASER and PURCHASER shall thereafter have the right and option to terminate this Agreement by giving SELLER written notice of PURCHASER's election to terminate within fifteen (15) days after receipt by PURCHASER of the notice from SELLER. SELLER hereby agrees to furnish PURCHASER with written notice of a proposed condemnation within two (2) business days after SELLER's receipt of such notification. Should PURCHASER terminate this Agreement, the Deposit shall immediately be returned to PURCHASER and thereafter the Parties shall be released from their respective obligations and liabilities hereunder. Should PURCHASER elect not to terminate, the parties hereto shall proceed to Closing and SELLER shall assign all of its right, title and interest in all awards in connection with such taking to PURCHASER. 15. BROKER FEES. The Parties hereby confirm that neither of them has dealt with any broker in connection with the transaction contemplated by this Agreement. Each Party shall indemnify, defend and hold harmless the other Party from and against any and all claims, losses, damages, costs or expenses (including, without limitation, attorney's fees) of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by either Party or on its behalf with any broker or finder in connection with this Agreement. However, SELLER'S indemnification obligations shall not exceed the statutory limits provided within Section 768.28, Florida Statutes, and SELLER does not otherwise waive its sovereign immunity rights. The provisions of this Section shall survive Closing or termination of this Agreement. 16. ENVIRONMENTAL CONDITIONS. To the best of SELLER'S knowledge, the Property and the use and operation thereof are in compliance with all applicable county and governmental laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. 17. DEVELOPMENT AND SALE OF THE PROPERTY. SELLER and PURCHASER acknowledge that the Property is being sold to PURCHASER for the sole purpose of developing a single family home that would be made available to low income families . 17.1 SELLER DESIGN APPROVAL. The PURCHASER agrees that the SELLER shall have the right to reasonably approve the design of the Project. PURCHASER shall submit plans PURCHASER's Initials: 01 505749-2 SELLER's Initials: PURCHASE AND DEVELOPMENT AGREEMENT Page 9 of 14 to the SELLER for review prior to submission to the City for approval. SELLER shall provide comments or approval of the design to PURCHASER at its next regularly scheduled Board meeting after PURCHASER submits plans for approval. 18. DEVELOPMENT TIMELINE. The following events must be documented in writing and provided to the SELLER upon completion of each action (collectively the "Project Elements"). a) Submission of application to the City for site plan approval within (_) days following receipt of a b) Achievement of site plan approval from the City by I` C) Submission of construction documents to the City for a building permit by laoLk Proof of permit application fees paid will be provided to the SELLER upon submission to the City. Upon City issuance of the building permit a copy will be provided to SELLER. d) Temporary or permanent certificate of occupancy to be provided within months following building permit issuance. 18.1 Default with Regard to Project Elements. If one or more of the required Project Elements is not achieved as required in this Section and/or if the timeline outlined herein is not strictly met, and PURCHASER has not provided SELLER with a written notice explaining the reason or circumstances not under the control of PURCHASER that have prevented PURCHASER from meeting the timeline, and SELLER has not agreed in writing to the same and which approval shall not be reasonably withheld,then (a) if such events are contemplated to occur following the Closing but fail to occur as required, then the PURCHASER shall be required to reconvey the Property to the SELLER, this Agreement shall be terminated, and SELLER shall be released from any and all obligations under this Agreement and (b) if such events are contemplated to occur prior to Closing but fail to occur as required, then it shall be a default hereunder and treated as provided in Section 12, above. The parties understand and agree that in such instance SELLER shall be entitled to the Deposit in full and final satisfaction of PURCHASER's obligations hereunder. SELLER agrees to work reasonably with PURCHASER in working within the timeframes set forth above, but PURCHASER and SELLER agree that time is of the essence. 19. MISCELLANEOUS. 19.1 General. This Agreement, and any amendment hereto, may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment of this Agreement PURCHASER's Initials: 01505749-2 SELLER's Initials: PURCHASE AND DEVELOPMENT AGREEMENT Page 10 of 14 shall be of any force or effect unless in writing executed by Parties. This Agreement sets forth the entire agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida,or,should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southern District Court of Florida. 19.2 Computation of Time. Any reference herein to time periods which are not measured in business days and which are less than six (6) days, shall exclude Saturdays, Sundays and legal holidays in the computation thereof. Any time period provided for in this Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the next full business day. Time is of the essence in the performance of all obligations under this Agreement. Time periods commencing with the Effective Date shall not include the Effective Date in the calculation thereof. 19.3 Waiver. Neither the failure of a party to insist upon strict performance of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance of any item by a party with knowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder,shall be deemed a waiver of any rights or remedies that a party may have or a waiver of any subsequent breach or default in any of such terms, provisions,covenants,agreements or conditions. This paragraph shall survive termination of this Agreement and the Closing. 19.4 Construction of Agreement. The Parties to this Agreement, through counsel, have participated freely in the negotiation and preparation hereof. Neither this Agreement nor any amendment hereto shall be more strictly construed against any of the Parties. As used in this Agreement, or any amendment hereto,the masculine shall include the feminine, the singular shall include the plural, and the plural shall include the singular, as the context may require. Provisions of this Agreement that expressly provide that they survive the Closing shall not merge into the Deed. 19.5 Severabilitv. If any provision of this Agreement or the application thereof shall,for any reason and to any extent, be invalid or unenforceable,neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.The provisions of this Section shall apply to any amendment of this Agreement. 19.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by SELLER and PURCHASER shall control all printed provisions in conflict therewith. PURCHASER's Initials: y 0]505749-2 SELLER's Initials: PURCHASE AND DEVELOPMENT AGREEMENT Page 11 of 14 19.7 Waiver of Jury Trial. As an inducement to PURCHASER agreeing to enter into this Agreement, PURCHASER and SELLER hereby waive trial by jury in any action or proceeding brought by either party against the other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 19.8 Attorneys Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including those at the appellate level, shall be awarded to the prevailing party. 19.9 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the PURCHASER and SELLER has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. 19.10 No Recording. This Agreement shall not be recorded in the Public Records of Palm Beach County, Florida without the prior approval of both parties. 19.11 Survival. The covenants, warranties, representations, indemnities and undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and recording of the Deed and PURCHASER'S possession of the Property. 19.12 PURCHASER Attorneys' Fees and Costs. PURCHASER acknowledges and agrees that PURCHASER shall be responsible for its own attorneys' fees and all costs, if any, incurred by PURCHASER in connection with the transaction contemplated by this Agreement. 19.13 Public Records. SELLER is public agency subject to Chapter 119, Florida Statutes. The PURCHASER shall comply with Florida's Public Records Law. Specifically, the PURCHASER shall: a. Keep and maintain public records that ordinarily and necessarily would be required by the SELLER in connection with this Agreement; b. Provide the public with access to such public records on the same terms and conditions that the SELLER would provide the records and 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 and providing public records and transfer to the SELLER, at no cost, all public records in possession of the PURCHASER upon termination of the contract and destroy any duplicate public records that are exempt or PURCHASER's Initials: SELLER's Initials: 01505749-2 PURCHASE AND DEVELOPMENT AGREEMENT Page 12 of 14 confidential and exempt. All records stored electronically must be provided to the SELLER in a format that is compatible with the information technology systems of the SELLER. SELLER shall, upon request, provide guidance to PURCHASER as to the public records keeping and reporting duties that are imposed upon PURCHASER as provided above and shall take all steps reasonably required to assist PURCHASER in not violating them. The failure of PURCHASER to comply with the provisions set forth in this Agreement shall constitute a Default and Breach of this Agreement. If PURCHASER fails to cure the default within seven (7) days' notice from the SELLER the SELLER may terminate the Agreement. SIGNATURES APPEAR ON FOLLOWING PAGES PURCHASER's Initials: SELLER's Initials: 01505749-2 PURCHASE AND DEVELOPMENT AGREEMENT Page 14 of 14 EXHIBIT"A" LEGAL DESCRIPTION Lots 358 and 359, Cherry Hills, according to the map or plat thereof as recorded in Plat Book 4, Page 58, Public Records of Palm Beach County, Florida PURCHASER's Initials: 01505749-2 SELLER's Initials: PURCHASE AND DEVELOPMENT AGREEMENT Page 13 of 14 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. PURCHASER: SELLER: HABITAT FOR HUMANITY OF SOUTH BOYNTON BEACH COMMUNITY PALM BEACH CO TY, I f C. REDEVELOPMENT AGENCY Printed Name:] FLInPrinted Name: Steven B. Grant Title: �C�c �� C e Title: Chair Date: ► I l Date: WITNES WITNESS: tlao Printed Name: Russel) Printed Name: Approved as to form and legal sufficiency: CRA Attorney PURCHASER's Initials: SELLER's Initials: 01505749-2 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: July 13, 2021 OLD BUSINESS AGENDAITEM: 16.D. SUBJECT: Discussion and Consideration of a Letter of Intent Submitted by Hyperion Development Group for the CRA Owned Property Located at 115 N. Federal Highway SUMMARY: On June 8, 2021, the CRA received a Letter of Intent (LOI)submitted by Hyperion Development Group (HDG)for the CRA owned properties located at 115 N. Federal Highway (see Attachment I & I I). Because of the late submission, the LOI was not included in the posted agenda released to the public on Friday, June 5, 2021, and was added to the agenda by a Board member during the June 8, 2021, Board meeting. HDG did not present the details of their LOI during the meeting on June 8th but was asked by the CRA Board to provide the CRA staff with additional information detailing the components of the proposed project, site layout, financial breakdown of the project and demonstration of financial capacity of the developer. On June 14, 2021, CRA staff and legal counsel sent a list to Hyperion Development Group outlining the various items being requested as well as a list of items that the CRA Board desired to be included in a project being proposed for this site (see Attachment I I I). On July 7, 2021, members of HDG and their legal counsel met with CRA staff and legal counsel via Zoom to provide further details about their proposed project using a power point presentation (see Attachment IV). The project being proposed by HDG is for the CRA owned parcels including the adjacent parcel located at 209 N. Federal Highway owned by Mr. Davis Camalier. HDG has provided the CRA with a letter outlining some of the details of this exclusive agreement. For the CRA owned parcels, HDG is proposing the develop 30,000 square feet of office space, 23,000 square feet of retail that could accommodate an anchor commercial grocery store such as Whole Foods, Fresh Market or Sprouts, 121 multi-family residential rental units that could be built as workforce housing units and a large structured parking garage. In addition to what is being proposed on the CRA owned parcels, HDG has provided a letter outlining a few of the details of their exclusive agreement to purchase the property owned by Mr. Camalier located at 114-222 N. Federal Highway. HDG is proposing to develop the 114-222 N. Federal Highway site with a 200 room hotel, 19,308 square feet of retail, 388 multi-family residential "rental units" and 152 "for sale" condo units. Page 44 of the power point presentation describes two project funding scenarios. One scenario addresses the CRA and Camalier owned properties and the second scenario addresses the CRA, Camalier and all other private parcels under one development. In both cases, HDG describes them providing a portion of the equity needed with the balance of equity being provided by a private investment firm. Also, both scenarios indicate that the balance of construction funding needed will be supplied by obtaining mortgage financing. FISCAL IMPACT: To be determined. CRA PLAN/PROJ ECT/PROGRAM: Boynton Beach CRA Community Redevelopment Plan CRA BOARD OPTIONS: Under the Board's Letter of Interest Policy, the Board has the following options: 1. Continue discussions with Hyperion Development Group regarding their proposed development plan and financial details of their Letter of Intent for acquisition and redevelopment of the CRA owned properties located at 115 N. Federal Highway. 2. Terminate discussions with Hyperion Development Group regarding their proposed development plan as described in their Letter of Intent for acquisition and redevelopment of the CRA owned properties located at 115 N. Federal Highway and approve the issuance of a Request for Proposal/Request for Qualifications. 3. Terminate discussions with Hyperion Development Group regarding their proposed development plan as described in their Letter of Intent for acquisition and redevelopment of the CRA owned properties located at 115 N. Federal Highway and do not issue a Request for Proposal/Request for Qualifications. 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Federal Highway, the BBCRA Board desires to see the incorporation of the following design and development criteria along with certain information pertaining to Hyperion's development experience and financial capacity, which are listed below: a. Creation of a mixed-use development project providing retail, office, grocery, and residential uses (including workforce housing if applicable); b. Incorporation of public spaces and plazas, publicly accessible WiFi, enhanced green elements into the proposed design including the preservation and enhancement of the City of Boynton's Dewey Park (see Attachment A: Map); c. Providing the opportunity and design consideration for the CRA to fund the construction of approximately one hundred fifty (150) public parking spaces over and above the amount of parking spaces required for the development itself; d. Incorporation of multimodal accommodations and amenities into the Project's design, such as but not limited to shared bicycle, "last mile" vehicle stops such as Uber or Lyft, commuter bus stops and a future commuter rail stop located on the Federal East Coast Railway property on NE 4th Street (see Attachment A: Map); e. Consideration of exterior design and lighting enhancements of proposed parking garage structures to ensure compatibility with the surrounding area; f. Consideration and incorporation of adjacent properties into the overall project by providing evidence of site control or contractual commitment; g. Providing verification that the Hyperion has met with City of Boynton Beach Planning and Development Department staff to review the Land Development Regulation requirements applicable to the Project being proposed; h. Provide experience in completing comparable development projects within markets similar to the project area and provide a list of similar mixed-use projects developed by the currently defined Hyperion development team; i. Provide a breakdown of the proposed financial terms such as but not limited to purchase price for the BBCRA owned parcel, BBCRA assistance or incentives, funding uses and sources for the overall development as well as the overall development and operating proforma. Include a breakdown of all project pre-development costs, construction development costs and post development sales pro forma. Within the list of funding sources, provide the dollar amount of Hyperion's equity contribution as well as any additional proposed equity and investment contributed by other equity investors and proposed amounts provided as mortgages from financial institutions. j. Include a breakdown of any proposed funding assistance being requested of the BBCRA, if applicable, and how those funds will be used when combined with other funding sources. k. Proposed project development timeline,from entitlement to anticipated sales/lease of units and commercial space. 01503423-1 I. Proposed plan or program (including monitoring mechanisms and apprenticeship) to use local contractors, sub-contractors, and laborers in the proposed Project. m. Demonstration of Hyperion's financial capacity to complete the proposed project; 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. If possible,the Hyperion 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. 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SUBJECT: Discussion and Consideration of a Draft RFP/RFQ for the CRA Project Located at 115 N. Federal Highway SUMMARY: At their meeting held on May 11, 2021, the CRA Board directed staff to finalize a draft Request for Proposal/Request for Qualifications (RFP/RFQ)to bring back to them for final approval. 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 for redevelopment of the 115 N. Federal Highway properties include but are not limited to the following (see Attachments I & II): • A mixed-use project providing retail, office, grocery, and residential units (including workforce housing if applicable); • 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; • Incorporation of terms for adherence to development timelines and property exchanges; • Experience in completing comparable development projects within markets similar to the project area as the proposing team; • Proposer's financial terms, purchase price, development and operating proforma; • Proposer's financial capacity to complete the proposed project; and, • Proposed plan or program (including monitoring mechanisms and apprenticeship) to use local contractors, sub-contractors, and laborers in the project. Proposed Schedule for RFP/RFQ: • RFP/RFQ approval by CRA Board (subject to legal review): June 8, 2021 • Issue Date of RFP/RFQ: June 18, 2021 • Voluntary Pre-Submission Meeting: July 15, 2021 • Question/Request for Clarification Deadline: September 2, 2021 • Submission deadline: September 21, 2021 • Presentation to the CRA Advisory Board: November4, 2021 • Presentation of Proposals to the CRA Board: November 9, 2021 • Purchase and Development Agreement: February 8, 2022 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. The CRA Board wanted to gather input from the community as to the future redevelopment project and finalized a list of 10 questions to be incorporated into the community survey at their February 9, 2021. On March 3, 2021, the CRA received 507 responses through the Survey Monkey Platform and a detailed report is provided as Attachment V. FISCAL IMPACT: To be determined by the CRA Board. CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the 115 N. Federal Highway Infill Mixed-Use Redevelopment Project RFP/RFQ and its issuance subject to final CRA legal review. 2. Do not approve the 115 N. Federal Highway Infill Mixed-Use Redevelopment Project RFP/RFQ. 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 - Draft Request for Proposal/Request for Qualifications D Attachment III -CRA Redevelopment Plan - Downtown District D Attachment IV - Public Comment Log for 115 N. Federal Highway Parcels D Attachment V -03.04.21 Community Input Survey Results 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 i 4j A„ „ �4� ' rB_- 0 Y T N " ` ' KwwEAC H „ CRA_ WROAM � COMMUNITY REDEVELOPMENT AGENCY BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY REQUEST FOR PROPOSALS AND DEVELOPER QUALIFICATIONS 115 N. Federal Highway Infill Mixed-Use Redevelopment Project Location: Boynton Beach Community Redevelopment (BBCRA) Owned Properties Issue Date: lune 18, 2021 Submittal Deadline: September 21, 2021, no later than 2:00 p.m. The Boynton Beach Community Redevelopment Agency (BBCRA) is issuing this Request for Proposals and Developer Qualifications (RFP/RFQ) for the acquisition and redevelopment of various BBCRA owned parcels located at 115 N. Federal Highway and adjacent parcels, Boynton Beach, Florida, as referenced and identified on Attachment "A” and hereinafter referred to as the "Project Site". The BBCRA will accept sealed proposals at its office located at 100 E. Ocean Avenue, Boynton Beach, FL 33435 ON OR BEFORE September 21, 2021, no later than 2:00 p.m. Eastern Standard Time, as determined by the time stamp or clock at the BBCRA's reception area. Responses 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. The RFP/RFQ documents, including all related attachments, must be obtained from the BBCRA office or website at www.boyntonbeachcra.com. 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 (1-95)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. 01034473-4 101034473-4 1 Page 1 of 24 i 2. Property Disposal and Project Description This RFP/RFQ is being issued for a project known as the 115 N. Federal Highway Infill Mixed-Use Redevelopment Project (the "Project"), and is seeking proposals for the acquisition and redevelopment of a BBCRA-owned property located at the Project Site. The Project Site is approximately 1.87 acres and located within the Downtown District as described in the 2016 BBCRA Community Redevelopment Plan and carries a recommended Future Land Use of Mixed-Use High with a corresponding Zoning designation of Mixed-Use Core. The recommended land use and zoning designations provide for a density of 80 units per acre with a maximum allowable building height of 150ft. Under defined circumstances, allowable density may be increased by twenty-five percent (25%) if a proposed development meets certain requirements under the City of Boynton Beach's Workforce Housing Ordinance. It is the responsibility of each Proposer to review the City of Boynton Beach Land Development Regulations, applicable site plan and design guidelines and limitations. Additionally, the Project Site is located within the designated Transit Oriented Development (TOD) and Transportation Concurrency Exemption Area (TECA) of the City of Boynton Beach. All proposals and Projects must be in conformance with and in furtherance of the 2016 Boynton Beach Community Redevelopment Plan ("BBCRA Plan").The BBCRA Plan may be accessed on the BBCRA website: www.boyntonbeachBBCRA.com. 3. Survey and Appraisal. An aerial boundary and parcel map along with a copy of the property survey is included with this RFP-RFQ as Attachments "A" and "B." An appraisal of the subject properties that make up the Project Site was completed on January 27, 2020 and August 16, 2020 and are available in electronic form on the BBCRA's website or upon written request to the BBCRA. Proposers should not rely solely on the information in the appraisal when compiling the financial components of a proposal. The appraised value should be considered with all offers and requests for BBCRA incentives. 4. Palm Beach County Impact Fees: Development of the property will be subject to Palm Beach County Impact Fees. Please contact the Planning, Zoning and Building Administration Division of Palm Beach County for specific information regarding impact fees applicable to the Project, or to download relevant information go to www.discover.pbcov.or /pzb/administration . 5. Incentives for the Prosect. 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 potential Tax Increment Revenue(TIR)funding. 01034473-4 101034473-4 1 Page 2 of 24 i 6. Pre-Proposal Meeting. A voluntary pre-proposal meeting has been scheduled for July 14, 2021 at 3:00 p.m. Eastern Standard Time in City Hall Chambers, located at 100 E. Ocean Avenue. All interested proposers are required to attend the meeting and be prepared to ask questions. Proposer's failure to attend the pre-bid meeting and sign in within 10 minutes of the meeting start time will disqualify a proposer's proposal. 7. Proposer Registration. All entities interested in responding to this RFP/RFQ must register with the BBCRA via email by providing their name, address, telephone number, and an email address to Michael Simon, BBCRA 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. 8. Additional Information. After the proposals are received by the BBCRA, the BBCRA may make requests to proposers for clarifications,assurances,orfor 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. 9. Architectural and Design Considerations. The Project should incorporate quality architectural design and site development standards that enhance the downtown area and adjacent properties. Proposers should review the BBCRA Plan for Project development and design guidance. Proposals will be evaluated on their adherence and incorporation of architectural and design elements presented in the BBCRA Plan and the City of Boynton Beach Land Development Regulations. 10. 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 and background of the proposer. 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 01034473-4 101034473-4 1 Page 3 of 24 i 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 mixed-use projects developed by the proposer that were completed within the last three (3) years, 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 residential units and unit types, including number of bedrooms and bathrooms, and square footage for each unit type and conceptual elevations, as well as the items listed in Paragraph 9, "Architectural and Design Considerations," and Paragraph 10, "Requirements for the Proposed Project," of this RFP/RFQ document. g. Provide a proposed breakdown of all project pre-development costs, construction development costs and post development sales pro forma. The pro forma shall include a section that clearly identifies all of the proposed funding sources to pay for the project and all of the identified costs of the Project including those of property acquisition from the BBCRA. Within the list of funding sources, provide the dollar amount of any proposer equity and investment contributed to the proposed Project. Include a breakdown of any proposed funding assistance being requested of the BBCRA, if applicable, and how those funds will be used when combined with other funding sources. h. If the Project is proposed to use funding subsidies from the BBCRA other qualified entities, proposer must provide a list of those entities and demonstrate experience with obtaining such project-based subsidies for workforce housing by listing projects and the amount and type of subsidy utilized. i. 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. j. 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. 01034473-4 101034473-4 1 Page 4 of 24 i 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 as part of the submission packet and not those submitted directly to the BBCRA by an outside entity or institution. k. 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 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. I. 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 Attachment "E & E.1." Disclosure and Authorization to Perform Credit Check forms). m. A list of all civil and criminal legal actions in which each proposer entity(and its parent entity if it is a subsidiary) is currently a named party or was a named party in the past four (4) years, providing the case number, case description, the state of jurisdiction, and disposition (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. n. Provide a PowerPoint presentation of the proposal, consisting of no more than 15 slides. o. All other requirements contained in this RFP/RFQ, including all attachments that request a proposal or information from the Proposer. p. An acknowledgement letter attesting that the proposer has read and understands all procedures and requirements of this RFP/RFQ(see Attachment "D"). 01034473-4 101034473-4 1 Page 5 of 24 i 11. Submittal Package Requirements. a. Location and Deadline. Proposals must be received by the BBCRA at 100 East Ocean Avenue,41h Floor, Boynton Beach, FL 33435 on or before September 21, 2021, no later than 2:00 p.m. Eastern Standard Time (the Deadline), as determined by the time stamp or clock at the BBCRA's reception area. Proposals received after the date and time set forth above will NOT BE ACCEPTED FOR CONSIDERATION. 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 (1) 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 (1) unbound but clipped copy of the proposal and one (1) 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: Request for Proposals and Developer Qualifications for the 115 N. Federal Highway Infill Mixed-Use Redevelopment Project Boynton Beach Community Redevelopment Area City of Boynton Beach, Florida Issue Date: lune 18, 2021 Submittal Deadline: September 21, 2021, no later than 2:00 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. 12. RFP/RFQ Documents Provided. The following planning and site documents may be obtained from the BBCRA office or httl2s://www.boyntonbeachcra.com/business-development/rfi2s-rfgs-itbs Property survey (provided as Attachment B) Phase I and/or Phase II Environmental Report Property Appraisal 01034473-4 101034473-4 1 Page 6 of 24 i 2016 Boynton Beach Community Redevelopment Plan In addition, all proposers are encouraged to walk the area surrounding the Project location and it will be assumed that each proposer has performed all necessary inspections on the property. 13. RFP/RFQ Proposal Evaluation and Selection Process. The BBCRA staff shall review each proposal and provide a determination to the BBCRA Board as to whether or not 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 response submission may result in the submission not being evaluated. The BBCRA Board or designated staff 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. In addition to meeting the minimum requirements of this RFP/RFQ as described in Paragraph 10, each proposal will be evaluated based on the ability of the Proposal to incorporate the following design and development criteria, which are listed below: a. Creation of a mixed-use development project providing retail, office, grocery, and residential uses (including workforce housing if applicable); b. Incorporation of public spaces and plazas, publicly accessible WiFi, enhanced green elements into the proposed design including the preservation and enhancement of the City of Boynton's Dewey Park (see Attachment A); c. Providing the opportunity and design consideration for the CRA to fund the construction of approximately one hundred fifty (150) public parking spaces over and above the amount of parking spaces required for the development itself; d. Incorporation of multimodal accommodations and amenities into the Project's design, such as but not limited to shared bicycle, "last mile" vehicle stops such as Uber or Lyft, commuter bus stops and a future commuter rail stop located on the Federal East Coast Railway property on NE 4th Street (see Attachment A); e. Consideration of exterior design and lighting enhancements of proposed parking garage structures to ensure compatibility with the surrounding area; f. Consideration and incorporation of adjacent properties into the overall project by providing evidence of site control or contractual commitment; g. Providing executed forms verifying that the Proposer has met with City of Boynton Beach Planning and Development Department staff to review the Land Development Regulation requirements applicable to the Project being proposed; h. Experience in completing comparable development projects within markets similar to the project area as the proposing team; i. Proposer's financial terms, purchase price, development and operating proforma; j. Proposer's financial capacity to complete the proposed project; and, 01034473-4 101034473-4 1 Page 7 of 24 i k. Proposed plan or program (including monitoring mechanisms and apprenticeship) to use local contractors, sub-contractors, and laborers in the Project. 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 CRA Advisory Board and BBCRA Board at a public meeting. The Proposers may be asked to present their Proposals and their PowerPoint slide presentations before the BBCRA Advisory Board and CRA Board at their regular scheduled meetings in the City Commission Chambers at City Hall located at 100 E. Ocean Avenue. The BBCRA Advisory Board acts as a recommendation body to the BBCRA Board. The BBCRA Board will then consider all proposals that meet the minimum submission requirements for review, BBCRA staff review, the BBCRA Advisory Board recommendation, and/or any other relevant data in the selection of the successful Proposer. 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. 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. i. Any Purchase and Development Agreement must be 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 ninety (90) days of the selection of the successful Proposer, Proposer shall have the right to terminate the negotiations. The BBCRA may terminate negotiations at any time for any reason. 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 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. 01034473-4 101034473-4 1 Page 8 of 24 i iv. The BBCRA may withdraw its offer of agreement, including a final offer, at any time prior to acceptance of such agreement. Upon termination of negotiations or withdrawal of offer of agreement, the BBCRA may move forward as it deems appropriate, which may include entering into negotiations with another Proposer, re-advertising the RFP/RFQ, electing to terminate the RFP/RFQ process, or any other action it deems to be in the best interest of the BBCRA. Any transfer of the property from the BBCRA to a proposer for less than market value will be subject to approval of the City of Boynton Beach City Commission. 14. 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.com. Issue Date of RFP/RFQ: June 18, 2021 Voluntary Pre-Submission Meeting July 15, 2021 Question/Request for Clarification Deadline: September 2, 2021 Submittal Deadline: September 21, 2021 Presentation to Advisory Board: November 4, 2021 Presentation to BBCRA Board: November 9, 2021 Purchase and Development Agreement: February 8, 2022 (Note: The dates offered above are subject to change — registered interested parties will be notified by email of changes, if any.) 15. 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: Michael Simon, Executive Director Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue, 4th Floor Boynton Beach, Florida 33435 Phone: (561) 600-9091 Fax: (561) 737-3258 Email: simonm@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 August 31, 2021. All answers to questions, clarifications, and interpretations will be issued in the form of addenda, 01034473-4 101034473-4 1 Page 9 of 24 i 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 "H"). 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 responses 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 response. 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, 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 at 1)the time the BBCRA Board selects a proposer, rejects all proposals, or otherwise act 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. 16. 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 anytime; b. Modify the schedule associated with this RFP/RFQ; 01034473-4 101034473-4 1 Page 10 of 24 i 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; i. 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; I. 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 response 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. 17. Protests. The Bid Protest Policy is available upon request. Submittal of a proposal in response to this RFP/RFQ constitutes acceptance of this policy. 18. 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. 19. 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. 01034473-4 101034473-4 1 Page 11 of 24 i 20. 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 response to this ITB to be of non-confidential and or non-proprietary nature and therefore subject to public disclosure under Chapter 119 of the Florida State Statutes. 21. Public Records. The BBCRA is public agency subject to Chapter 119, Florida Statutes.The successful proposer shall comply with Florida's Public Records Law. Specifically, the successful proposer shall: 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. 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)737-3256; 710 North Federal Highway, Boynton Beach, Florida 33435, SimonM@bbfl.us. 22. 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 "I" Public Entity Crimes Statement 23. 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 01034473-4 101034473-4 1 Page 12 of 24 i 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 "J" Drug Free Workplace Certification. 24. E-Verify. In any agreement resulting from this RFP/RFQ, the Proposer will be required to warrant,for itself and its subcontractors, compliance with all federal immigration laws and regulations that relate to their employees. Proposer agrees and acknowledges that the BBCRA is a public employer that is subject to the E-verify requirements as set forth in Section 448.095, Florida Statutes, and that the provisions of F.S. Sec. 448.095 will apply to such an agreement. END OF MAIN DOCUMENT PROCEED TO ATTACHMENTS 01034473-4 101034473-4 1 Page 13 of 24 i List of Attachments: A. Aerial Map/Parcel Map B. Survey C. Proposer Information D. Acknowledgement Letter E. 1. Authorization to Perform a Credit Check (personal) 2. Authorization to Perform a Credit Check (business entity) F. Proposed Project Funding Uses and Sources Information G. Authorization for Release of Information H. Addenda Acknowledgement I. Public Entity Crimes Statement J. Drug Free Workplace Certification K. Certification of Non-Scrutinized Entity L. 01034473-4 101034473-4 1 Page 14 of 24 i 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: 01034473-4 101034473-4 1 Page 15 of 24 i 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 June 18, 2021 115 N. Federal Highway Infill Mixed-Use Redevelopment Project To Whom It May Concern: The undersigned has read the Boynton Beach BBCRA(BBCRA) Request for Proposal/Request for Qualifications (RFP/RFQ) for the 115 N. Federal Highway Infill Mixed-Use Redevelopment Project, dated June 18, 2021. 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 01034473-4 101034473-4 1 Page 16 of 24 i ATTACHMENT "E" DISCLOSURE AND AUTHORIZATION TO PERFORM CREDIT CHECK An authorization to Perform Credit Check will need to be completed by each Principal/Owner. For Principal/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 credit worthiness. 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: 01034473-4 101034473-4 1 Page 17 of 24 i ATTACHMENT "E.1." AUTHORIZATION TO PERFORM CREDIT CHECK For Proposer (Business Entity): The Proposer hereby consents to and authorizes the Boynton Beach Community Redevelopment Agency's ("BBCRA") investigation into the credit worthiness 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: 01034473-4 101034473-4 1 Page 18 of 24 i ATTACHMENT"F" PROPOSED PROJECT FUNDING USES AND SOURCES INFORMATION Project Uses and Sources Land Costs - Soft Costs - Construction Costs - Carrying Cost/Financing Costs - Marketing and Sales Costs - Permit and Impact Fee Costs - Developer Overhead and Profit - Total Project Cost - Capital Stack Proposer/Developer Equity $ - Outside Capital Investor Equity $ - Mortgage or Financed Amount $ - Amount of CRA contribution requested, if any $ - Other funding as identified $E- - Funding Total $ - 01034473-4 101034473-4 1 Page 19 of 24 i ATTACHMENT "G" 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: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH THE FOREGOING INSTRUMENT was acknowledged before me this day of 20 , 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: 01034473-4 101034473-4 1 Page 20 of 24 i ATTACHMENT "H" ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to the The Boynton Beach Community Redevelopment Agency Request for Proposals and Developer Qualifications 115 N. Federal Highway Infill Mixed-Use 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. 5 ❑ Yes ❑ No Date RFP/RFQ INFORMATION WAS OBTAINED FROM: ❑ BBCRA Website ❑ Newspaper Ad ❑ City Hall ❑ Other, please specify: Authorized Signature Print Name Title Date 01034473-4 101034473-4 1 Page 21 of 24 i ATTACHMENT"I" PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not: submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; submit a bid proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; submit bids, proposals, or replies on leases of real property to a public entity; be awarded or perform work as a contractor, supplier,subcontractor or consultant under a contract with any public entity;or transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months 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 01034473-4 101034473-4 1 Page 22 of 24 i ATTACHMENT"1" 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 (5) 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) 01034473-4 101034473-4 1 Page 23 of 24 i ATTACHMENT"K" 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) 01034473-4 101034473-4 1 Page 24 of 24 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 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 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: July 13, 2021 OLD BUSINESS AGENDAITEM: 16.F. SUBJECT: Discussion and Consideration of the Purchase of the Property located at 115 NE 4th Avenue SUMMARY: At their February 9, 2021 meeting, staff provided the CRA Board with information concerning the listing of a privately owned property for sale adjacent to several CRA owned parcels within the Cottage District Project site. The property for sale is located at 115 NE 4th Avenue and was listed in the Multiple Listing Service for the price of$350,000 (see Attachments 1-11). Staff discussed the fact that conversations had occurred with the owner, Valrie Brown-McIntosh about the future Cottage District Project since her acquisition of the property in 2013. In hopes of pursuing acquisition of the parcel, the CRA had an appraisal performed on the property in June 2017 and again in January 2019 (see Attachment III-IV). Both appraisals arrived at a market value of $170,000. During the February 9th meeting, the CRA Board voted to direct the Executive Director to make an offer to purchase the 115 NE 4th Avenue property in the amount of $275,000 with no financing contingency and a closing within thirty days of an Effective Date. Ms. Brown-McIntosh responded to the CRA's offer with a counter offer of $320,000 which was rejected by the Board at their March 9, 2021 meeting. On June 15, 2021, Ms. Brown-McIntosh contact the CRA Executive Director to present a new offer to sale the property for $300,000. The Executive Director was able to negotiate the sales price down to $275,000 with a closing to take place on or before July 30, 2021. The seller has signed a Purchase and Sale Agreement with these terms which is provided as Attachment V. CRA staff had a new appraisal performed and as of July 1, 2021, the estimated market value of the property was $227,000 (see Attachment V 1). Acquisition of this parcel would provide the CRA with contiguous ownership of the properties located on NE 4th Avenue. FISCAL IMPACT: To be determined by the CRA Board. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the Purchase and Sale Agreement with Ms. Valerie Brown McIntosh for the acquisition of the property located at 115 NE 4th Avenue for the amount of $275,000 for use in the Cottage District I nfill Housing Redevelopment Project. 2. Do not approve the Purchase and Sale Agreement with Ms. Valerie Brown McIntosh for the acquisition of the property located at 115 NE 4th Avenue for the amount of $275,000 for use in the Cottage District Infill Housing Redevelopment Project. ATTACHMENTS: Description D Attachment I - Map for 115 NE 4th Avenue D Attachment II - MLS Listing, 115 NE 4th Avenue D Attachment III -January 2019 Appraisal D Attachment IV -June 2017 Appraisal D Attachment V - Purchase and Sale Agreement D Attachment VI -July 2021 Appraisal f } 1 pf < W e � s v Ln 111 td 4'- ♦W♦ Fti �^y ii t� � �y •r, rWr � `^Y, W a..J 4-1 Q� in --+ ® hr a-+ U OCL tu CA O Q cu O s rr 4-d ate-+ %4- cu 4-,cu Pmtm O [� I 75 O 1 � a-+ � � ?! cutw O v� 3/3/2021 PAPA Maps n DOROTHYJACKS CFA AAS .� +P B IC. ty P Perty APP ��S{ t'iGfk + ��� Search by Owner,Address or Parcel - s s 9 i O 0 N05tlnAxe N� View Property Record Owners h„ { BROWN MCINTOSH VALRIE r ££ s Property Detail 11 5 NE 4TH AVE �y ..Murlicioahty BOYNTON BEACH .Parcei No. 08434521290030052 i SHEPARD ADD TO TOWN OF - �°" BOYNTON IN ,c 25924 . ,e.1862 `^a.•e.Date=.APR-2013 115 NE4THAVE Mai iolg i Ade;;;; BOYNTON BEACH FL a 33435 3865 V Jse.iyoe 0100-SINGLE FAMILY r d i - Sales Information : tG Sales Date Price APR-2013 64500 PfYti 4th AveyJ Jy1} 1 P N 4th Ave AUG-2012 10 JUN-201 2 UN-2012 0 £ ` J `,V_- (y e} 1+�51 £J DEC-2009 40400 JAN-1986 38500 r£v£ £ r - a 12 U h - t2 rt +,{IE rs{£s 2tt+1A S G Appraisals \1<< r� Tax Year 2020 ;;;,^. e...e...V .we=. $89,351 V .•e=. $30,000 „d Market Va.ue3 $119,351 1 All values are as of January 1 st each year r,rrrrr...r r r r r Assessed/Taxable values Tax Year 2020 - A^sessed Vaiue $48,537, Y t xei=.i()r1 Amount $25,000 C 1 t. t tV - __ 1t, Ciikr J1�ti m xa,e.�,It we. $23,537,�, +�\ _ , _='' ������t N1D'.rrLl AVt;' Taxes Tax Year 2020 Ad Vaiorem $504 + .u,�..Ad Valorem m $293. $797 https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434521290030052 1/1 115 NE 4th Avenue, Boynton Beach, FL 33435 Backup Residential MLS#: RX-10682220 List Price: 350,000 Area:4330 Subdivision: SHEPARD Lot Sq Ft: 5,001 Geo Area: PB 12 Development Name: List Price Sqft:308.64 County: Palm Beach Model Name: OLP: 350,000 Parcel ID:08434521290030052 Lot Dimensions: Waterfront: No Type:Single Family Detached Dock: Waterfrontage:0 Baths-Total:2 Private Pool: No Short Sale: No REO: No Short Sale Add: No SgFt-Living: 1,134 Sq Ft-Total: 1,134 Guest Hse: Yr Bit: 1930 Pool Size: BD: 3 FB:2 Baths-Half:0 Yr Bit Des: Resale Pets Allowed:Yes Baths-Total:2 Year Built: 1930 Garage Spaces:0 Bldg#: Governing Bodies: None Application Fee: Brand Name: Total Floors/Stories: 1 Land Lease: HOA/POA/COA(Monthly): Taxes: 796.64 Total Units in Bldg: Recreation Lease: Mobile Home Size: Tax Year:2020 Ttl Units in Complex: Min Days to Lease: Decal#: Special Assessment: No Unit Floor#: Lease Times p/Year: Serial#: Membership Fee Required: No Design: <4 Floors Waterfront Details: None Restrict: Lease OK; None Construction: Frame View: Garden Boat Services: Unit Desc: Private Pool Description: Guest House: Flooring:Vinyl Floor;Wood Floor Security: Parking: Driveway Furnished: Unfurnished Membership: No Membership Avail Taxes: City/County Dining Area: Cooling: Ceiling Fan; Central Membership: No Membership Avail Guest House: Heating: Central Roof: Metal Utilities: Public Sewer; Public Water Special Info: Window Treatments: Storm Protection: None Rooms: Florida Master Bedroom/Bath: Mstr Bdrm-Ground Dining Area: Window Treatments: Equip/Appl Included: Hookup; Range-Electric; Refrigerator Private Pool Description: Parking: Driveway Lot Description: < 1/4 Acre Maintenance Fee Incl: Subdiv.Amenities: Park Exterior Features: Fence Interior Features: Split Bedroom Directions:Gateway to Seacrest South to 4th Avenue East. Legal Desc:SHEPARD ADD E 50 FT OF S 100 FT OF LT 5 BILK 3 Public Remarks: Come and be part of the New Boynton Beach Redevelopment initiative within walking distance of your new home!This home is part of Federal "Opportunity Zone"program with many benefits and options to the new Buyer. It is located in the new"Boynton Beach Cottage District."It can be torn down and rebuilt or simply kept as an a future asset!Find out what is happening in the"New"Boynton Beach.This home is available as a PACKAGE along with RX-10681323. Purchase 1 or both properties! Unique investment opportunity to enhance your portfolio! Enjoy the beautiful beaches,and visit the world famous shops and restaurants on Atlantic Avenue only minutes away!NO HOA fees which gives you complete autonomy,and you can bring your pets of all size Sold Dt: DOM:56 Terms: SP: i } it c „r 4 Information is deemed to be reliable,but is not guaranteed.©2021 MLS and FBS.Prepared by Roy M Simon on Thursday,March 04,2021 2:04 PM.The information on this sheet has been made available by the MLS and may not be the listing of the provider. APPRAISAL REPORT SINGLE FAMILY RESIDENCE 115 NORTHEAST 4 AVENUE BOYNTON BEACH,FLORIDA 33435 by Vance Real Estate Service 7481 Northwest Fourth Street Plantation,Florida 33317-2204 for Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, FL 33435 January 9, 2019 Vance Real Estate Service sf, January 9, 2019 t`,'ic'{{ti{cif{�i`°t {ittt`'{tistV� Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, FL 33435 i i RE: Single family residence, 115 NE 4 Avenue, Boynton Beach, FL 33435 (Legal description is in the report) Ladies and Gentlemen: In fulfillment of our agreement, we transmit our Appraisal Report, in which we develop an opinion of market value for the fee simple estate in the referenced real property as of January 9, 2019. The report sets forth our value conclusion, along with data and reasoning supporting our opinion. This report was prepared for and our professional fee billed to Boynton Beach Community Redevelopment Agency. Our analyses have been prepared in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP 2018-2019). This report is for possible acquisition of the appraised property. ! Jesse B. Vance, Jr. and Claudia Vance visited the property. If you have questions or further needs, please contact the undersigned. As a result of our analyses, we have developed the following opinion of the market value of the appraised property, subject to definitions, certifications, and limiting conditions set forth in the attached report. ONE HUNDRED SEVENTY THOUSAND SIX HUNDRED DOLLARS $170,600 I (THIS LETTER MUST REMAINATTACHED TO THE REPORT WTH SEVENTY-FOUR(74)NUMBERED PAGES FOR THE VALUE OPINION SET FORTH TO BE CONSIDERED VALID.) Respectfully submitted, Jesse B. Vance, Jr., MAI, SRA, ASA State-Certified General Real Estate Appraiser RZ-85 Claudia Vance, MAI State-Certified General Real Estate Appraiser RZ-173 MBA REAL ESTATE MANAGEMENT AND DEVELOPMENT 7481 Northwest 41h Street,Plantation,FL 33317-2204 954/583-2116 -- TABLE OF CONTENTS Pate Number Title Page i Letter of Transmittal ii Table of Contents iii INTRODUCTION 4 P otograp s o Subject t eProperty 5 1-3-5 Mile Location Map 8 1-3-5 Mile Summary of Demographic Statistics 9 Summary of Important Facts and Conclusions 11 DESCRIPTIONS ANALYSES & CONCLUSIONS 12 I entity of Client and Intended User 13 Intended Use 13 Identification of Real Estate Appraised 13 Ownership 13 Property Address and Legal Description 13 Real Estate Tax Analysis 14 Market Area Description 14 Zoning 21 Site Description 22 Building Description 22 Real Property Interest Appraised 24 Appraisal Purpose and Definition of Market Value 24 Effective Dates of the Appraisal and Report 25 Scope of the Work 25 Summary of Information Considered 26 Property History 26 Highest and Best Use 27 SALES COMPARISON APPROACH 31 Improved Sales es Location Map 32 Improved Sales Documentation 33 Improved Sales Comparison & Adjustment Chart 43 Valuation by Sales Comparison 44 FINAL VALUE OPINION 48 Certification and Limiting Conditions 49 ADDENDA 51 Acquiring deed 52 Building sketch 54 Copy of"R-2" Zoning Ordinance 55 USPAP Standards Rule 2-2a 63 Qualifications of the Appraisers 65 INTRODUCTION �f qtl —"`- rAll 41 te 1 r tP N' Front(South)Building Elevation East Buildin Elevation ! NMI t TZ' �I r itP y. 1 tug' _ } � 1 f �� %fs£{Q;' � ��,/ V� � rev✓, � � s�.1''-�1 l .: 2 1 1 � { Y �` � r k� Sli r Rear Building Elevation Rear Yard it � Al t t, s r rPi i u: Front Porch Area Y � h SGP ' t1��AG,,Ettrrisk, i Bedroom Living Room PHOTOS OF THE VALUED PROPERTY 115 NE 4 Avenue Boynton Beach,Florida 5 1. APi r4 fy�t� f, Bedroom Bathroom »v mar-..xr.. ,. _ �� _ .:,•�..� t�I, Kitchen Bedroom t�l yst1y11)str (y�f�l s� h ��s` Rest Room Utility Room ADDITIONAL PHOTOS OF THE VALUED PROPERTY 115 NE 4 Avenue Boynton Beach,Florida 6 l s 5 � 1 j 1S � I 44 s 4 t� 4 3 a"`A�18;sa��caS�Ns "`;�`'' hrt�83sa�arsSN 44: ty 4%7 It -4i 41 Ll t@ t iil444S e ttSt`� 4 � n �i 4 ksiaT HII`Gra I iii t {•I�1taEIV'l1o�L itf, ct.yiu c 9 5;6t44t t* nn. L.L.t L.L.t L.imv. 4a l�elr_@Ica FcaT ra,I� �rr� Pi rk L a In Bea,h 1t ;F E f L ow } Pafenp Senn�S �. c L�lll 11 y�.CluLS r m G€eenacres _ s v ti Lake ,1p,t Worth g. h Rd LL �µ 4bvUufrd� -C r"L , &021 LskeI atth Lska kart -hlnla--Ln' �� Sm Rv m 4 LiLE 4S y 11 "North i anWna Rel Larituta Rd r i Lantana t�f Yaluxa Rd -LBS-pal �,t�, RdSy u7 L Old H 11 m15 Rd � } ; W.fieypn.'eorx each Ovid W Bayni �E3-emeh®f�d nton each Quall OIgigC -i q C:oul ux', uL s V dtive `5 Illinl 3'1 I ul G,If �.�d Fic .r�ur.� if (.' eke tJ Beacham S Jmj W�R1Wa tleAa Kings Paint, W 10th St .� Lcr ucn Blvd, '� t1l�rvel L I i nYurl . Blvd 3 � ldl Ilt � �luh Liil= i�ghrand l Beach 1 j .y I 1b C:IL, of Fst�aire Ali C ]ly, I3.:,i R,I ounlrp Ulm Moore Rd C lnt �!".. . 1-3-5 MILE RADII FROM THE VALUED PROPERTY 115 NE 4th Avenue Boynton Beach, Florida 8 • Gesn" 115 NE 4th St, Boynton Beach, Florida, 33435 VANCE REAL ESTATE SERVICE Rings: 1, 3, 5 mile radii 1 mile 3 miles 5 miles Population 2000 Population 11,798 64,669 155,339 2010 Population 12,056 72,404 171,804 2018 Population 14,200 79,922 187,034 2023 Population 15,477 85,366 198,156 2000-2010 Annual Rate 0.22% 1.14% 1.01% 2010-2018 Annual Rate 2.00% 1.20% 1.03% 2018-2023 Annual Rate 1.74% 1.33% 1.16% 2018 Male Population 49.2% 47.8% 47.7% 2018 Female Population 50.8% 52.2% 52.3% 2018 Median Age 42.8 44.3 47.1 In the identified area, the current year population is 187,034. In 2010, the Census count in the area was 171,804. The rate of change since 2010 was 1.03% annually.The five-year projection for the population in the area is 198,156 representing a change of 1.16% annually from 2018 to 2023. Currently, the population is 47.7% male and 52.3%female. Median Age The median age in this area is 42.8, compared to U.S. median age of 38.3. Race and!Ethnicity 2018 White Alone 49.1% 59.9% 64.9% 2018 Black Alone 43.9% 32.0% 26.5% 2018 American Indian/Alaska Native Alone 0.3% 0.3% 0.3% 2018 Asian Alone 1.1% 1.8% 2.2% 2018 Pacific Islander Alone 0.0% 0.0% 0.0% 2018 Other Race 3.1% 3.4% 3.7% 2018 Two or More Races 2.5% 2.7% 2.5% 2018 Hispanic Origin (Any Race) 13.7% 16.5% 16.9% Persons of Hispanic origin represent 16.9% of the population in the identified area compared to 18.3% of the U.S. population. Persons of Hispanic Origin may be of any race.The Diversity Index, which measures the probability that two people from the same area will be from different race/ethnic groups, is 64.7 in the identified area, compared to 64.3 for the U.S. as a whole. Households 2000 Households 4,660 28,143 67,974 2010 Households 4,817 31,117 74,226 2018 Total Households 5,758 34,353 80,394 2023 Total Households 6,313 36,735 85,135 2000-2010 Annual Rate 0.33% 1.01% 0.88% 2010-2018 Annual Rate 2.19% 1.21% 0.97% 2018-2023 Annual Rate 1.86% 1.35% 1.15% 2018 Average Household Size 2.46 2.29 2.30 The household count in this area has changed from 74,226 in 2010 to 80,394 in the current year, a change of 0.97% annually. The five-year projection of households is 85,135, a change of 1.15% annually from the current year total. Average household size is currently 2.30, compared to 2.29 in the year 2010.The number of families in the current year is 45,999 in the specified area. Data Note:Income is expressed in current dollars Source:U.S. Census Bureau,Census 2010 Summary File 1. Esri forecasts for 2018 and 2023. Esri converted Census 2000 data into 2010 geography. December 21, 2018 9 • Gesn" 115 NE 4th St, Boynton Beach, Florida, 33435 VANCE REAL ESTATE SERVICE Rings: 1, 3, 5 mile radii 1 mile 3 miles 5 miles Median Household Income 2018 Median Household Income $45,948 $50,335 $52,721 2023 Median Household Income $54,014 $56,831 $60,202 2018-2023 Annual Rate 3.29% 2.46% 2.69% Average Household Income 2018 Average Household Income $73,783 $72,065 $77,438 2023 Average Household Income $88,518 $85,097 $91,642 2018-2023 Annual Rate 3.71% 3.38% 3.43% Per Capita Income 2018 Per Capita Income $30,717 $31,667 $33,727 2023 Per Capita Income $37,014 $37,301 $39,804 2018-2023 Annual Rate 3.80% 3.33% 3.37% Households by Income Current median household income is$52,721 in the area, compared to $58,100 for all U.S. households. Median household income is projected to be $60,202 in five years, compared to $65,727 for all U.S. households Current average household income is$77,438 in this area, compared to $83,694 for all U.S. households. Average household income is projected to be $91,642 in five years, compared to $96,109 for all U.S. households Current per capita income is $33,727 in the area, compared to the U.S. per capita income of$31,950. The per capita income is projected to be $39,804 in five years, compared to $36,530 for all U.S. households Housing 2000 Total Housing Units 5,756 33,927 81,074 2000 Owner Occupied Housing Units 3,079 20,302 51,403 2000 Renter Occupied Housing Units 1,582 7,840 16,570 2000 Vacant Housing Units 1,095 5,785 13,101 2010 Total Housing Units 6,604 39,919 92,408 2010 Owner Occupied Housing Units 2,899 19,968 51,990 2010 Renter Occupied Housing Units 1,918 11,149 22,236 2010 Vacant Housing Units 1,787 8,802 18,182 2018 Total Housing Units 7,748 43,178 98,449 2018 Owner Occupied Housing Units 3,123 19,968 51,838 2018 Renter Occupied Housing Units 2,635 14,385 28,556 2018 Vacant Housing Units 1,990 8,825 18,055 2023 Total Housing Units 8,428 45,644 103,648 2023 Owner Occupied Housing Units 3,521 21,746 55,798 2023 Renter Occupied Housing Units 2,792 14,988 29,337 2023 Vacant Housing Units 2,115 8,909 18,513 Currently, 52.7% of the 98,449 housing units in the area are owner occupied; 29.0%, renter occupied; and 18.3% are vacant. Currently, in the U.S., 56.0% of the housing units in the area are owner occupied; 32.8% are renter occupied; and 11.2% are vacant. In 2010, there were 92,408 housing units in the area - 56.3% owner occupied, 24.1% renter occupied, and 19.7% vacant. The annual rate of change in housing units since 2010 is 2.85%. Median home value in the area is$217,093, compared to a median home value of$218,492 for the U.S. In five years, median value is projected to change by 2.72% annually to$248,292. Data Note:Income is expressed in current dollars Source:U.S. Census Bureau,Census 2010 Summary File 1. Esri forecasts for 2018 and 2023. Esri converted Census 2000 data into 2010 geography. December 21, 2018 10 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS PROPERTY APPRAISED: Single family residence 115 Northeast 4 Avenue Boynton Beach, FL 33435 OWNERSHIP: Valrie Brown McIntosh 115 Northeast 4 Avenue Boynton Beach, FL 33435 LAND AREA: 5,000 square feet IMPROVEMENTS: Single family residence containing 1,134 square feet of building area, constructed in 1930. There are three bedrooms and two bathrooms, and no enclosed car storage structure. ZONING: "R-2", Single and two-family residential district in the city of Boynton Beach APPRAISAL PURPOSE: To develop an opinion of market value INTEREST APPRAISED: Fee simple CURRENT USE: Single family residence HIGHEST AND BEST USE: As vacant: Single family residence As improved: Single family residence VALUE BY THE SALES COMPARISON APPROACH: ONE HUNDRED SEVENTY THOUSAND SIX HUNDRED DOLLARS 170 600 VALUATION DATE: January 9, 2019 Exposure Time: 6 months prior to selling at the appraised value 11 DESCRIPTIONS, ANALYSES, CONCLUSIONS APPRAISAL REPORT This is an APPRAISAL REPORT that complies with Standard Rule 2-2(a) of the Uniform Standards of Professional Appraisal Practice (USPAP 2018 - 2019) 2-2(a)(i) State the identity of the client and any intended users, by name or type; The client and intended user of this report is the Boynton Beach Community Redevelopment Agency. 2-2(a)(ii) State the intended use of the appraisal; The intended use of the appraisal is for possible acquisition of the appraised property. Any other use is not intended. 2-2(a)(iii) Summarize information sufficient to identify the real involved in the appraisal, including the physical, legal and economic property characteristics relevant to the assignment; Owner: Valrie Brown McIntosh 115 Northeast 4 Avenue Boynton Beach, FL 33435 Property Address: 115 Northeast 4 Avenue Boynton Beach, FL 33435 Legal Description: East 50 feet of the south 100 feet of Lot 5, Block 3, SHEPARD ADDITION TO BOYNTON, Plat Book 2, page 59, Palm Beach County, FL Census Tract No. 61 13 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Real Estate Tax: Parcel Control Number: 08 43 45 2129 003 0052 Land Value: $20,117 Improvement Value: 76,316 Total Value: $96,433 Assessed Value: $46,561 Taxable Value: $21,561 Ad Valorem Tax: $ 454 Non Ad Valorem Tax: $ 295 Total Tax: $ 749 There is a homestead exemption on this property. Properties are assessed in arrears by the county property appraiser. The tax bill is issued in November and a 4% discount is given to a tax payer if the amount is paid in November. The discount diminishes until March, when the tax is due and payable. Market Area Description: Boundaries and Market Composition & Transportation Infrastructure The general market area is the City of Boynton Beach in eastern-central Palm Beach County. Population of the city is about 72,000 residents; land area of the municipality is about 16 square miles situated between Delray Beach on the south and Lake Worth on the north. The town was named for an early developer, Nathan Boynton, a former major in the Union Army in the Civil War. The city was founded in 1898 and incorporated in 1920. Most of the original buildings were destroyed in the hurricane of 1926, though a few remain. Others which were constructed in the early 1920's are still in use with repairs and replacements over the decades. 14 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Time and economic trends take a toll on properties; thus, in 1984 a redevelopment plan was adopted for the Community Redevelopment Area (CRA) in the city. It covers 1,650 acres in the central part of the municipality west of the Intracoastal Waterway. One of the districts in the CRA is the immediate subject market area known as the Heart of Boynton (HOB), containing 380 acres. This area is the historic, older part of the CRA, with the following boundaries: Boynton Beach Canal (C-16) on the north, Florida East Coast (FEC) Railroad on the east, Interstate 95 on the west, and jagged line a few blocks north of Boynton Beach Boulevard as the south boundary, at about NE 3 Avenue. Agriculture and farming had been important activities in past centuries in Boynton Beach. Commerce came to the area when Henry Flagler extended the Florida East Coast Railway (FEC) from West Palm Beach to Miami in 1896. The railroad was the main mode of transportation to bring visitors and manufactured products to the city as well as transporting produce grown in the vicinity out of the area to other cities in the southeastern United States. Now the railroad is primarily used for freight transportation. The new Brightline rapid passenger service was constructed in the FEC corridor; however, there is only one depot in Palm Beach County in West Palm Beach. Boynton Beach Boulevard is the principal east-west artery in the subject market area, having an interchange with Interstate 95 on the west side of the neighborhood. The boulevard continues west through Palm Beach County to its terminus at State Road 7/ U S Highway 441. Two miles east of State Road 7, it has an interchange with Florida's Turnpike. Boynton Beach Boulevard commences on the east at U S Highway 1, just to the east of the FEC Railroad. U S Highway 1 is the main north-south artery through eastern Palm Beach County and extends along the eastern seaboard of the United States. 15 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Seacrest Boulevard is a main north-south artery through the City of Boynton Beach and south into Delray Beach. Martin Luther King, Jr. Boulevard is an east-west thoroughfare through the Heart of Boynton. The immediate subject market area is easily accessible by main roads and Interstate 95. Property types in the Heart of Boynton are smaller commercial establishments along the main roads, light industrial close to the FEC Railroad, municipal facilities, single family residential, small multi-family dwellings, a few apartment buildings and places of worship. As mentioned, some structures date back to the 1920's, but most which are still usable were built in the mid-twentieth century. Municipal facilities in the immediate subject market area include parks, two elementary schools and a community center. Recent projects implemented in the Heart of Boynton are: • Seacrest Boulevard Streetscape • Carolyn Sims Center • Ocean Breeze West - 21 homes joint venture with Habitat for Humanity • Construction of single family residences on Martin Luther King, Jr. Boulevard Future projects are: • Revitalization of Martin Luther King, Jr. Boulevard and surroundings • Redevelopment of the Public Works site • Establishment of mixed use districts of residential and commercial • Expansion of light industrial near the FEC Railroad • Widening and extension of NW 11 Avenue, west of Seacrest Boulevard. Sara Sims Park improvements are being made to the 12 acre park and historic cemetery fronting West Martin Luther King, Jr. Boulevard, on the west side of Seacrest Boulevard. Improvements will include landscaping, pavilions, picnic facilities, lighting and security. 16 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Population Trends The demographic survey in the beginning of the report of 1, 3, and 5 mile radial circles from the appraised property shows the median household income for 2016 in the one-mile radius is $40,663, for three miles it is $46,278, and $49,473 for the five mile circle. All are lower than the median household income for Palm Beach County of $54,400, even though the east part of the circles includes the residents all the way to the Atlantic Ocean. In the one-mile circle, population is 14,200. In three miles, population increases to 79,922; at five miles, it is 187,034. However, about one-third of the three and five mile circles are over the Atlantic Ocean. Annual growth rate is anticipated to be 1.16% to 1.74% in the three circles during the next five years as the economy and job market improves in South Florida, and new multi-family residential complexes are constructed. 53% of the housing units are owner occupied compared to 68% countywide, with 29% rented. The percentage of renters is higher in this market because many of the single family houses are owned by investors who purchased them after the economic crash in 2008. Vacancy is reported to be 18%; however, this amount is high due to the undercount of the other two categories. Median home value in the five-mile area is $217,093, including the highly priced homes fronting the Atlantic Ocean and Intracoastal Waterway, compared to median home value of $218,492 in the United States. The current life cycle stage of the market area is stability, a period of equilibrium without marked gains or losses, after a period of decline. However, the life cycle stage is changing to revitalization, a period of renewal, modernization and increasing demand with the assemblage of lots and construction of mixed use projects as promoted by the Boynton Beach Community Redevelopment Plan. 17 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Economic Trends During 2005-2006, the subject market area was experiencing a rise in property prices due primarily to the availability of financing with adjustable rate mortgages. Interest rates adjusted upward, but rental rates of multi-family properties did not. For single family residences, interest rates on mortgages adjusted upward, but homeowners' incomes did not increase. Scenarios were the same for many property types, all with the same result of owners' inability to make the payments and mortgages foreclosed. This situation was exacerbated by the economic crash in late 2008, followed by the Great Recession. The foreclosure cycle appears to be near the end. Currently, sales are between individuals or investors who previously purchased the properties from foreclosing lenders and private parties who will reside in the properties or hold them in their investment portfolios. Third party lenders are providing financing to investors and residents, at high loan to price ratios. Sale prices for single-family residences in the subject market area and close vicinity are in the range of $85,000 to $180,000, depending on building size, age and condition. New homes are in the range of $180,000 to $220,000. Price range for multi-family dwellings are from about $70,000 to $100,000 per unit based on the same factors. Land unit prices had been from about $4.00 to $7.00 per square foot for small lot. Larger tracts which meet the size requirement for development in the new zoning districts are displaying higher unit prices. Family Dollar Store is an addition to the subject market area; it consists of an 8,100 square foot commercial building at the southeast corner of the signalized intersection of Martin Luther King, Jr. Boulevard and North Seacrest Boulevard. More revitalization in the CRA is taking place along US Highway 1, in the southern part of the corridor near Ocean Avenue and Boynton Beach Boulevard with projects such as 500 Ocean, with 341 residential units, 20,000 square feet of retail space and 6,000 square feet of office. Ocean One at 114 N Federal Highway is planned for 358 apartments, 12,075 square feet of retail, 120 hotel room and 439 parking spaces. The Villages at East Ocean Avenue were approved for 371 dwelling units and 15,757 square feet of commercial space. 18 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Town Square, a major redevelopment project, will take place in three sections extending from the south side of Boynton Beach Boulevard south to SE 2 Avenue, encompassing 16.5 acres of land. The north section covers the area of the old city hall and police station which will be demolished and removed. The project consists of the following: • North parcel —225 residential units, 120 hotel rooms, 65,000 square feet of office/retail space and 927 space parking garage • Middle parcel—200 residential units, 18,887 square feet of retail space • South parcel — 280 residential units, 820 space parking garage, 4,000 public space Included in the project are spaces for a new city hall, police station, fire station and park. Renovation of the historic high school is part of the project. The first phase of the project is underway. Boynton Beach Community Redevelopment Agency (BB CRA) issued a Request for Proposals (RFP) and Developer Qualifications for Commercial and Residential Redevelopment for land in the Heart of Boynton District along East Martin Luther King, Jr. Boulevard and NE 9 Avenue. RFP sections the land into west and east parts. Actual total land size is 5.33 acres. Specific property types for the projects are not specified in the RFP, but they must be consistent with the BB CRA plan for the area. For the most part, the shift in new projects is from single family residential to higher density multi-family. Ocean Breeze East will be a new affordable housing development in the Heart of Boynton at North Seacrest Boulevard and NE 7 Avenue. The Florida Housing Finance Corporation awarded RS Development Corp. tax credits to construct 123 dwelling units on 4.4 acres of land. This developer submitted the successful proposal to the Boynton Beach CRA to purchase the property for the new project. 19 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Demonstrating that there is still a place for single family homes in the Heart of Boynton, the CRA issued an RFP to private parties to redevelop most of a block in what is called the "Cottage District", denoting the area's historical significance. The block is fronts Seacrest Boulevard on its west, NE 1st Street on the east, inbetween NE 4th Avenue and NE 5 Avenue. The plan that is moving forward in the process is called The Cottages at Seacrest. The portion of the block included in this plan contains 4.28 acres, with a proposed use of 34 single family residences. A change of zoning is most probably required. The appraised property is in this block, but not part of the redevelopment plan. The goal of the development projects is to transform Boynton Beach from a retirement community to a vibrant city where residents can enjoy living and working in an attractive setting. Conclusion The immediate subject market area of the Heart of Boynton (HOB) has the components of an appealing neighborhood with schools, parks and recreation. HOB is easily accessible by main roads and Interstate 95. Goods and services are nearby on Boynton Beach Boulevard and U S Highway 1. With the involvement of the City of Boynton Beach and the Community Redevelopment Agency, Heart of Boynton Community Redevelopment Plan can continue to succeed in revitalizing the area. Land Use: Current land use is Medium Density Residential, maximum density 9.58 dwelling units per acre Recommended Land Use is High Density Residential, with a density of 11 dwelling units per acre in multi-story structures. Greater density increases the production of the land. 20 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Zoning: "R-2", Single and Two-family Residential District with the purpose to implement the medium density residential future land use map classification of the comprehensive plan. The intent of the district is to stabilize and protect existing residential neighborhoods with density no greater than 10 dwelling units per acre, and allow limited types of non-residential uses. Minimum lot area is 4,500 square feet per unit for a duplex; minimum lot frontage is 75 feet. However, there is a provision for a site with two lots platted prior to the enacting of the current zoning regulation to be improved with a duplex. Single family dwellings shall be constructed on lots that are no less than 6,000 square feet with a width of at least 60 feet and follow the building and site regulations of the "R-1", Single Family District. Excerpts from the zoning codes are in the Addenda. The appraised site is part of a lot from a plat that dates back to the 1920s, prior to the current code. The subject's size and width are sub-standard, most probably making it a legal non-conformity. Since the site was established prior to the current code, it most likely could be improved with a single family residence, following the regulations of the "R-1" district. However, determination of use and non- conformities of the site are made by Boynton Beach City officials. Parking: Two parking spaces are required for a single family residence. There is driveway covered with pavers on the east side of the site to accommodate two parking spaces. 21 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Site Description: The shape of the site is rectangular. Approximate dimensions and size are from public records. North boundary on adjacent property: 50.00 feet East boundary on adjacent property: 100.00 feet South boundary NE 4 Avenue: 50.00 feet West boundary on adjacent property: 100.00 feet Total: 5,000 square feet or 0.1148 of an acre Utilities: All utilities are available to the site. Access: The site is accessible via NE 4 Avenue, a two-laned, local road with streetlights, but no sidewalks. Easements: Easements are not noted on original plat. If they exist, utility easements would be most probably be around the perimeter of the lot. Encroachments: There is no sketch of survey to review to note if there are encroachments. Improvement Description: The appraised improvement is a one-story, single family residence containing 1,134 square feet of enclosed area, constructed in 1930. Building sketch is in the Addenda. The interior is divided into the following areas: living room, dining area, kitchen, three bedrooms, two bathrooms and laundry area. Originally, there were only two bedrooms and one bathroom. After the purchase of the property in 2013, the owner converted the front porch into a bedroom and the rear porch into the laundry area and bathroom. 22 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Modifications to the house after purchase included: • New central climate control system • Renovated bathrooms • Renovated kitchen with new cabinetry, counter top & appliances • New flooring in some area and refinished wood flooring in others • New site improvements including pavers, irrigation system, fencing & landscaping • Conversion of the front porch to a bedroom Estimated cost was $25,000. The refurbishing extended the useful life of the property. Construction details are: Historical Age: 89 years Condition: Good to average for its age Foundation: Stem wall over concrete footings Exterior Walls: Wood frame covered with vinyl siding Floors: Original wood refinished and laminate flooring Interior Walls: Wall board over wood Roof System: Gable covered with metal sheeting Windows: Aluminum awning windows with storm shutters HVAC: Central system Plumbing: Kitchen, two bathrooms and laundry area 23 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Site Improvements: Concrete paving and pavers for car storage, vinyl fence and gate, irrigation system, sod, shrubs and trees Environmental Assessment: No assessment was available for review. 2-2(a)(iv) State the real property interest appraised; A person who owns all the property rights is said to have fee simple title. A fee simple title implies absolute ownership unencumbered by any other interest or estate. Partial interests in real estate are created by selling, leasing, et cetera. Partial estates include leased fee and leasehold estates. The interest appraised is fee simple. 2-2(a)(v) State the type and definition of value and cite the source of the definition; The purpose of the appraisal is to develop an opinion of market value of the subject property as of January 9, 2019. MARKET VALUE: a type of value, stated as an opinion, that presumes the transfer of a property (i.e., a right of ownership or a bundle of such rights), as of a certain date, under specific conditions set forth in the definition of the term identified by the appraiser as applicable in an appraisal. The conditions included in market value definitions establish market perspectives for development of the opinion. These conditions may vary from definition to definition but generally fall into three categories: 1. the relationship,knowledge, and motivation of the parties(i.e., seller and buyer); 2. the terms of sale(e.g.,cash,cash equivalent,or other terms);and 3. the conditions of sale(e.g., exposure in a competitive market for a reasonable time prior to sale). 24 APPRAISAL REPORT (continued) Market value appraisals are distinct from appraisals completed for other purposes because market value appraisals are based on a market perspective and on a normal or typical premise. These criteria are illustrated in the following definition of Market Value*, provided here only as an example. Market value means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. buyer and seller are tvpically motivated 2. both parties are well informed or well advised and acting in what they consider their own best interests; 3. a reasonable time is allowed for exposure in the open market; 4. payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and S. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. * This example definition is from regulations published by federal regulatory agencies pursuant to Title XI of the Financial Institutions Reform,Recovery, and Enforcement Act(FIRREA)of 1989 between July 5, 1990, and August 24, 1990, by the Federal Reserve System (FRS), National Credit Union Administration(NCUA), Federal Deposit Insurance Corporation (FDIC), the Office of Thrift Supervision (OTS), and the Office of Comptroller of the Currency (OCC). This definition is also referenced in regulations jointly published by the OCC, OTS, FRS, and FDIC on June 7, 1994,and in the Interagency Appraisal and Evaluation Guidelines,dated December,2010. Florida Court Definition: "Market Value is the price that a seller willing, but not compelled to sell, and a buyer willing, but not compelled to buy, would agree to in fair negotiations with knowledge of all the facts." [Source: Fla. Power & LiFht Co., v. dlenniW—S, 518 So.2d 895 (Fla. 1987)] 2-2(a)(vi) State the effective date of the appraisal and the date of the report; A) Effective Date of the Appraisal: January 9, 2019 B) Date of the Report: January 9, 2019 2-2(a)(vii) Summarize the scope of work used to develop the appraisal; The appraisal problem is to develop an opinion of value of the property based on its highest and best use. The appraiser inspected the property and photographed it. A thorough investigation was made into the physical characteristics of the property that could affect its value. The market area was surveyed to determine its stage of the life cycle. Research was conducted to ascertain economic factors that might influence value. 25 APPRAISAL REPORT (continued) Data research consisted of collecting, confirming, and reporting improved sales. The process included searches and analyses, inspections and confirmations, and final reporting. The appraiser examined several sources of sales data, including the multiple listing service, Palm Beach County Appraiser's records, the public records, and data from the appraiser's plant. For Sales Comparison Approach, improved sales are compared to each other and to the property under appraisement to develop a final opinion of value. 2-2(a)(viii) Summarize the information analyzed, the appraisal methods and techniques employed, and the reasoning that supports the analyses, opinions, and conclusions; exclusion of the sales comparison approach, cost approach, or income approach must be explained; The information analyzed and appraisal method used is detailed in the valuation section of the report. Further, the reasoning that supports the analyses, opinions, and conclusions is explained in the valuation section. The Cost Approach is not used because of the age of the improvement. The Income Approach is not employed because single family dwellings are purchased for shelter, not their income producing ability. Exclusion of these approaches to value still produces a creditable report. SR I-5 When the value opinion to be developed is market value, if such information is available in the normal course of business: a) analyze all agreements of sale, options, or listings of the subject property current as of the effective date of the appraisal; and There are no known agreements for sale, options or listings of the appraised property as of the effective date of the appraisal. b) analyze all sales of the subject property that occurred within the three (3) years prior to the effective date of the appraisal. There were no arm's length transactions of the appraised property in the past three years. It was acquired by the current owner in April, 2013 for $64,500 from LARANN, LLC. A copy of the deed is in the Addenda. After the purchase, the owner upgraded the property as previously described. 26 APPRAISAL REPORT (continued) 2-2(a)(ix) State the use of the real estate existing as of the date of value, and the use of the real estate or personal property reflected in the appraisal; The use of the real estate on the date of valuation is a single family residence, and it is this use which is reflected in the appraisal. No personal property is included in the valuation. 2-2(a)(x) When an opinion of highest and best use was developed by the appraiser, summarize the support and rationale for that opinion. HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Physically Possible as Vacant No soil or subsoil tests are available for review. However, the site has been supporting a residential structure since 1930. The land is level and filled to street grade. Land size is approximately 5,000 square feet and rectangular in shape. All utilities are available to the site. The site is accessible via NE 4 Avenue. Physical constraint to develop the site is its size which determines its legal conformity to the zoning code. Legally Permissible as Vacant Legal restrictions to the development of the site consist of land use designation, building and zoning codes, platting restrictions and restrictive covenants. Land use designation is medium density residential, maximum density of 9.58 dwelling units per acre. Zoning is "R-2", Single family and Two-family Residential District in the City of Boynton Beach. Maximum number of dwelling units per lot in "R-2" district is two if the lot size meets current code. The appraised site consists of part of one lot, with frontage of 50 feet and size of 5,000 square feet, both sub-standard to the current code. Most probably, the site could be improved as a legal non-conforming lot with one single family residence. However, Boynton Beach officials make the decisions as to how the site can be improved. The Boynton Beach CRA future land use plan for the appraised land and surrounding blocks is for High Density Residential of 11 dwelling units per acre. A land use change is required for the implementation of such a future plan. 27 HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Financially Feasible as Vacant The third test of Highest and Best Use is economic feasibility. Demand for a certain property type must be evident for it to be feasible. For it to be financially feasible, the use must be marketable and provide the investor with a competitive return when compared with alternate uses. The immediate subject market area has been improved with single-family residences and small multi- family dwellings for almost 100 years. Residences come to the end of their economic lives, improvements are razed and the sites are redeveloped with modern structures. There are examples of this cycle throughout the subject market area. New redevelopment projects in the subject vicinity are Ocean Breeze West with 21 homes, Eastview Park with market rate houses ranging from $255,000 to $300,000 constructed by D R Horton, and four new houses on West Martin Luther King, Jr. Boulevard sold from $166,000 to $195,000. The four houses are the result of the work of the Boynton Beach CRA and Boynton Beach Faith-Based Community Development Corporation. Single family homeownership is encouraged to build the community with permanent residents rather than populate it with transient occupants. As mentioned, community organizations are constructing single family homes and selling them to people who will reside there. Financial assistance to the buyers is facilitating this plan. Financially feasible use of the subject site is to improve it with a single family residence with three bedrooms and two bathrooms to meet current expectations for a home. Such use is compatible with community redevelopment plans for the subject neighborhood. The most likely buyer of the site would be a community agency which would construct the single family residence then sell the land and house to an end-user. Time for this use is now with renewed interest in the subject market area and funds apparently available for redevelopment of the neighborhood. Alternatively, the lot could be assembled with the other land owned by the Boynton Beach CRA, which is being offered for redevelopment in the mentioned RFP. Inclusion of the subject lot might increase the number of single family homes in the project from 34 to 36 or 37. 28 HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Maximally Productive as Vacant In summary, the Highest and Best Use of the property appraised as vacant is for a single family residence. Such use would be physically possible, probably legally permissible, financially feasible and maximally productive. HIGHEST AND BEST USE OF THE PROPERTY AS IMPROVED Physically Possible Improved The improvement appraised is a single family residence constructed in 1930. It was upgraded after the purchase in 2013 to extend its useful life. If necessary or desired, demolition is physically possible. Legally Permissible Improved A single family residence appears to be legally permissible. There is sufficient space to have car storage for two vehicles. Financially Feasible Improved There is an active market for one dwelling residences in the central-eastern Boynton Beach market area in the price range of the appraised value. Exposure time to the market for these properties is short, typically a few months. A few sales are in cash; most are financed by third party lenders at high loan to price mortgages. The appraised property appears to be in average to good condition for its age. The modernizing which took place will prolong its useful life and enhance the comfort of residing in the house. Financial feasibility of the property as improved is to maintain it through repairs and modest upgrades to the end of its useful life. Maximally Productive Improved The maximally productive use of the property as improved is its current use as a single family residence, which use is physically possible, legally permissible, financially feasible, and maximally productive. 29 APPRAISAL REPORT (continued) 2-2(a)(xi) Clearly and Conspicuously: State all extraordinary assumptions and hypothetical conditions; and state that their use might have affected the assignment result. There are no extraordinary assumptions or hypothetical conditions in this report. 2-2(a)(xii) Include a signed certification in accordance with Standards Rule 2-3 See signed certification in report. 30 SALES COMPARISON APPROACH Subject & Single-Family House Sale Locations ~` niw 21sT R'JE i� }' w 20TH AVENEJ._ I II NE 20TH LN $ ff =fir , t; uT ❑ r( xs 1 p NE 17TH AYE :"I `El If p—__._ _ - "':ET a i ( _S k + 17TH AS+E NE 17TH A4E �l .� l` ��r �� ��� y ( + z ' �t Sk ,�-' N W i 6TH LT zl 4y �x 16TH Cr NEI and+'—' t jq} " `�6 `r N'.. z. z. �m +� M1TAhtATEE BA YDiR F „— 72t +r �yV� ti' 16TH AVE NE t rnl zi iwl N MANATEE BAY DR 6 �t u� � m NAN{,TEE aarlDre Fn \ I �h �� �ISTH CINE +1_.�t6� 1' 2 _,J ~ NE 1! Ff A 1+E r —Cng3euxzCn4a IT r 5 It $cyndsin C'a.1 '_SHORE_Dft fll7Ja I . rn z _ — NYd 13THi ET z NE Y_3TH AVE ,- I, +� � x' k➢�'V In ki (�Nh'J i2TH-AVEkT—� + 6 F. ¢-. NIVY i3TH RVE 6— __AVE �I —�N1 mq++�� N W 1____ rJ �I w I r— NFAR'R v K N A z RfDER gp 10TH AVE_ _ i i—_TlE,R 3 f,^ '81-. t N.W__9TH AVE �'`yL S ter' NE 9TH AVE NE STH AVE NE 8TH AVE ( A.'vE-]=__ �i___ �NW i 5T 5T_� � ����+ NE1-1i IF _BTH AL'E— ��nr xf (� �_` .-7�r�lE 'I., ~ �INW7THA E N r+� Ir f �.7 NE�7THA_ NE 7TH AVE z It 1 LE 2 ( �� � N,ESiTH AVE 5I z��J NE STH AW JE � NE STH AVE N W STH AVE '-y, ,( NE 1THIE W 4TH RWE NE AVE 13 m a4 Js �so4 L t E.BornT�r1 eEacH,eLWo i S YST_AVEJC NYST AVE ; —E__ tl W OCEAN'AVE yy- E OCEAN.AVE .. it lS '�___�w .._ .___SWj 15T AVE I�Im rn,. �SE YSTAVE I 1 i 2 �O SE2NDAVE_ 3RDAA VE E._SE 3RD AV,E ( Data use subject to license. R ©DeLorme.DeLorme Street Atlas USAN 2009. f} 460 800 1260 16GO 2660 www.delorme.com MN(6.8°W) Data Zoom 14-6 32 IMPROVED SALE SALE NO. 1 LEGAL DESCRIPTION Lot 9, Block 2, Shepard Funk Addition to the Town of Boynton,Plat Book 2,Page 15,Palm Beach County Records. RECORDED O.R. Book 29683,Page 1131 GRANTOR Marjorie A. Brandner, s/w GRANTEE Bridgette Packer, s/w DATE OF SALE February 28,2018 LOCATION 114 NE 4t'Avenue Boynton Beach,Florida ZONING "R-2",Duplex SALE PRICE $220,000 PROPERTY DESCRIPTION One-story single residence containing 784 square feet base with 2 bedrooms & 2 baths, plus 720 square feet finished, detached garage with efficiency and 1 bathroom, plus 260 square feet semi-finished area for a total 1,764 square feet enclosed living area. Land size is 7,196 square feet. UNITS OF COMPARISON $132.76 per sq.ft.of building&land before adjustments. 4.08:1 Land to Building Ratio PARCEL CONTROL NUMBER 08-43-45-21-30-002-0090 CONDITIONS OF SALE The sale included a 30-year conventional loan for $209,000 (95% Loan-to-Price Ratio) at market rate and terms. Financing did not have a significant effect on the price paid. Arm's length transaction. CONFIRMATION Law offices of Levinson, Gritter&DiGiore,Esq. COMMENTS Detached garage finished into efficiency with one bathroom. Other minor improvements made over the years. 33 4 A.* t• Y� ' � 1 � et' p t s �t i 777 gE QwY #y r711 i PHOTO OF IMPROVED SALE NO. 1 114 NE 4 Avenue Boynton Beach, Florida 34 IMPROVED SALE SALE NO. 2 LEGAL DESCRIPTION Lot 98, Ridgewood Hills, Plat Book 28, Page 50, Palm Beach County Records. RECORDED O.R. Book 29930,Page 743 GRANTOR Royal Oak,LLC GRANTEE Cerberus SFR Holdings H, LP DATE OF SALE June 15,2018 LOCATION 404 NW 5t'Avenue Boynton Beach,Florida ZONING "R-IA", Single-Family SALE PRICE $222,000 PROPERTY DESCRIPTION One-story single residence containing 1,461 square feet base, plus 201 square feet other enclosed areas, for a total 1,662 square feet enclosed living area. Land size is 9,622 square feet. There are 3 bedrooms & 3 baths. UNITS OF COMPARISON $133.57 per sq.ft.of building&land before adjustments. 5.79:1 Land to Building Ratio PARCEL CONTROL NUMBER 08-43-45-21-16-000-0980 CONDITIONS OF SALE The arm's length sale was for all cash. CONFIRMATION Closing attorney office of Harvey Schneider, Esq. COMMENTS Minor changes were made to the building over the years prior to sale. 35 y,a 9 1 ,. Ni:'q s u is 4i �n i} ,i1t}1115>1�����s33 w. ,Ui�ii ( } �' s it){,< 0" 'kir t•,�' {k"�r �, f `7l �'>�s °nda �" "'I'`xa'M''�.^ ca!'rrr' { ,V,' � ............ PHOTO OF IMPROVED SALE NO. 2 404 NW 5 Avenue Boynton Beach, Florida 36 IMPROVED SALE SALE NO. 3 LEGAL DESCRIPTION Lot 163 & the South 22 Feet of Lot 164, Block B, Boynton Hills,Plat Book 4,Page 51,Palm Beach County Records. RECORDED O.R. Book 29993,Page 292,Palm Beach County Records GRANTOR RJ Investment Solution LLC GRANTEE Wilfred Desine,m/m DATE OF SALE July 16,2018 LOCATION 504 NW 2nd Street Boynton Beach,Florida ZONING "R-IA", Single-Family SALE PRICE $150,000 PROPERTY DESCRIPTION One-story single residence containing 1,065 square feet base, plus 150 square feet other enclosed areas, for a total 1,215 square feet enclosed living area. Land size is 6,600 square feet. There are 2 bedrooms and 2 baths. UNITS OF COMPARISON $123.46 per sq.ft.of building&land before adjustments. 5.43:1 Land to Building Ratio PARCEL CONTROL NUMBER 08-43-45-21-07-002-1630 CONDITIONS OF SALE This arm's length sale included a conventional mortgage of $117,000 (78% Loan-to-Price Ratio) at market rate and terms with Equitymax,Inc.,Pension Plan. CONFIRMATION Closing attorney office of Allen Falk, PA, COMMENTS Minor changes were made to the building over the years prior to sale. 37 -— -- .......................................................... ................. 31y fir,, 1-7 T, ..................... PHOTO OF IMPROVED SALE NO. 3 504 NW 2nd Street Boynton Beach, Florida 38 IMPROVED SALE SALE NO. 4 LEGAL DESCRIPTION Lot 4, Block 2, The Meeks and Andrews Addition to Boynton, Florida, Plat Book 5, Page 84, Palm Beach County Records. RECORDED O.R. Book 30106,Page 651,Palm Beach County Records GRANTOR Christopher Graeve, Trustee GRANTEE Francisco and Maria Salles,h/w DATE OF SALE August 17, 2018 LOCATION 227 NE 11 Avenue Boynton Beach,Florida ZONING "R-2",Duplex SALE PRICE $160,000 PROPERTY DESCRIPTION One-story single residence containing 936 square feet base, plus 196 square feet other enclosed areas, for a total 1,132 square feet enclosed living area. Land size is 7,754 square feet. There are 3 bedrooms and 2 baths. UNITS OF COMPARISON $141.34 per sq.ft.of building&land before adjustments. 6.85:1 Land to Building Ratio PARCEL CONTROL NUMBER 08-43-45-21-22-002-0040 CONDITIONS OF SALE This arm's length sale included a conventional mortgage of $157,102 (98.19% Loan-to-Price Ratio) at market rate and terms with Absolute Home Mortgage Corporation at market rate and terms. CONFIRMATION Closing attorney office of Greisy Rodriguez. COMMENTS Minor changes were made to the building over the years prior to sale. 39 1 z 7 4 1 . r _, r ,r rr���'tyr r'r'r�irrrrrrryrrpfrrrrrrrrry�rrrrrrr'tyr'�rrrrrrrryrrpfrrrrrrrrrM�rrrrrrr'tyr�rrrrrrrryripfrrrrrrrrry�rrrrrrrryr'�rrrrrrrryrrPftrrrrrrrrry�rrrrrrr'tyr'�rry€�r' PHOTO OF IMPROVED SALE NO. 4 227 NE 11 Avenue Boynton Beach, Florida 40 IMPROVED SALE SALE NO. 5 LEGAL DESCRIPTION Lot 150, Block A, Boynton Hills, Plat Book 4, Page 51, Palm Beach County Records. RECORDED O.R. Book 30233,Page 715,Palm Beach County Records GRANTOR Alexandra Moises, Trustee GRANTEE Londyn Beck, s/w DATE OF SALE November 2,2018 LOCATION 120 NW 4t'Avenue Boynton Beach,Florida ZONING "R-IA", Single Family SALE PRICE $160,000 PROPERTY DESCRIPTION One-story single residence containing 1,061 square feet base, plus 269 square feet other enclosed areas, for a total 1,330 square feet enclosed living area. Land size is 4,626 square feet. There are 3 bedrooms and 1 Bath.. UNITS OF COMPARISON $120.30 per sq.ft.of building&land before adjustments. 3.48:1 Land to Building Ratio PARCEL CONTROL NUMBER 08-43-45-21-07-001-1500 CONDITIONS OF SALE This arm's length sale included a 30 year conventional mortgage of $146,520 (91.58% Loan-to-Price Ratio) at market rate and terms with Supreme Lending at market rate and terms. CONFIRMATION Closing attorney office of Clerge Law Office,PLLC COMMENTS Minor changes were made to the building over the years prior to sale. 41 ..................................................................................................................................................................................................................................................... r. '7?r" , PHOTO OF IMPROVED SALE NO. 5 120 NW 4th Avenue Boynton Beach, Florida 42 a� }; s 3 LL n � -1 00 00 to >a� 'a N r4 r4 W r-� N > O Q 0) �t Lr) �t l0 a-'+ Ln LL r-I co f1 N LU ii N U a o 0 0 0 0 cl 0) 0 0 0 0 0 4a o ci o 0 0 ii Ln oo 0) 0) N N r-I r-I r-I i/)- i/)- i/)- i/)- Q as C O O O O O O O O O O O O N (J E O i O i O i O i O i 06 3v0- a � Q Q m c " - (,0 Q Ln Q rI - rI Q O - � M X Cal O � O`R I �I Ln Ln m VLLf N m rq Ln N O Ln rq O Q NI l0 l0 n l0 O _ 113 N Ol l0 I� Lr) V J F- z LL Nau N Lr) N O V1 C eco I� + � m N N m m m m W r-I N r-I r-I r-I r-I r-I Q Co m N z O ca O O 00 O 00 O 00 O 00 O 00 O O) V1 0) R O O O O O O O O O O O O O N N N N N lD N Q d ) O 00 ON Ln O l0 O I� O N R O Ol f1 N N (-4 r-I Lr) r-I LA r-I l0 O > ^ O Q (% N r,4 kQ 00O O O O r I O V N J 0) LL LL a+ LL LL LL 0) LL N O C t O t N t O t O t C t O O U O U , U U O U O U J tu ca R Q 0) Q 0)tu �^ 0) Q 0) Q 0) W Q a) LL C ii m N M m M N Co ii Co M m m ri m LL N O z O O z O LLI O O N Z O J Ln, N T- T R' T 0 T N >-tu O >- M ? u ii m m Ln m r4 0 r4 0 N CO ii Co ii m N SALES COMPARISON APPROACH OVERVIEW In the Sales Comparison Approach, the appraiser compares the appraised property to sales of similar properties. This approach to value simulates the actions and attitudes of typical buyers and sellers in the market. The approach is based on the Principle of Substitution that affirms the maximum value of a property is set by the cost of acquisition of an equally desirable and valuable substitute property, assuming no costly delays in making the substitution. The steps of this approach are: 1) Collect information of recent sales of properties most similar to the property being appraised. 2) Verify the sales information from the best available sources. 3) Select relevant units of comparison and develop a comparative analysis for each unit. 4) Adjust the sales to the subject using the significant,market-derived units of comparison. 5) Reconcile value indications from the comparisons into a value opinion by this approach. For the value opinion by this approach to be meaningful,there must be an adequate number of sales of similar properties for comparison to the subject. A reliable Sales Comparison Approach sets a strong foundation for the entire value process for Single-Family real estate. The property appraised is a single-family residence at 115 NE 4 Avenue, Boynton Beach, containing 1,134 square feet of enclosed area, constructed in 1930 and refurbished after 2013. Land size is 5,000 square feet; zoning is "R-2", Single, and Two-family residential district. A search was made for recent sales of single-family residences in central-eastern Boynton Beach. Of transactions reviewed,the five cited in this report provide an overview of this market. Details of the transfers are on the sale sheets and comparison chart. UNITS OF COMPARISON Units of comparison are components into which a property may be divided for comparison. The purpose of using units of comparison is to relate sales of similar properties to the property being appraised on the basis of significant measures such as price per square foot, price per cubic foot, et cetera. The appropriate units of comparison come from the market. For the property appraised and the comparable sales, the pertinent unit of comparison is sale price per square foot of building, including land. 44 SALES COMPARISON APPROACH ELEMENTS OF COMPARISON Elements of comparison are the characteristics ofproperties and transactions that cause the prices paid for real estate to vary. The Appraisal of Real Estate continues by stating that there are ten basic elements ofcomparison that may be considered in sales comparison analysis. The first group is termed transactional elements being: real property rights conveyed,financing terms, conditions of sale, expenditures made immediately after purchase and market conditions. The second group is property elements consisting of location, physical characteristics, economic characteristics, use, and non-realty components ofvalue. Each is hereafter addressed. Real Property Rights Conveyed A transaction price is always predicated on the real property interest conveyed. Property interests conveyed can be either fee simple (without tenants) or leased fee (subject to leases). An adjustment for property rights conveyed is based on whether a leased fee interest was sold with leases at,below, or above market rent. When a property is sold without leases, its value is normally based on the market rent that it can command and the financing that could be obtained. The property interest conveyed for the improved sales is fee simple, the same interest appraised for the subject. No numerical adjustment is warranted for this element of comparison. Financing Terms Financing terms may have a bearing on the price paid for a property. Such terms that may affect price include assuming a mortgage at lower than current interest rates, the seller paying a buydown for the buyer to have a lower interest rate, or the seller providing financing for a transaction at lower than typical institutional rates. In all of these cases, the buyer could have paid higher prices in such transactions to obtain favorable financing. The reverse is also a possibility in which lower sale prices result from above market financing. If financing affected the price paid, a cash equivalency adjustment is warranted. The availability of third parry financing is apparent with the buyers of Improved Sales 1, 3, 4 and 5 giving mortgages at high loan to price ratio. Such financing is facilitating an active market for single-family residences. Only Improved Sale 2 was a cash transaction. The unit prices are similar for the two methods of purchase, suggesting the financing did not affect the price,but rather made it possible since most buyers do not have enough money for a cash purchase. No adjustment is made for this element of comparison. Conditions of Sale Condition of sale addresses the motivation of buyers and sellers. Such motivations include a seller accepting a lower than market price for needed cash, a lender selling a previously foreclosed property to comply with regulations imposed on the institution, or a buyer purchasing an adjacent property. Even arm's length transactions may be the result of atypical motivation, such as lack of exposure time to the market,the result of an eminent domain proceeding, or tax consideration. (Continued) 45 SALES COMPARISON APPROACH (Continued) None of the sales was distressed situations or resales by lenders after the foreclosure of mortgages, which financed prior transactions. All of the sale properties were exposed to the open market for reasonable periods of time. Conditions of sale for the comparable properties were typical for the market; hence,no adjustments made. Expenditures Made Immediately After Purchase No major expenditures were made to the sales immediately after purchase. Market Conditions Comparable sales that occurred under different market conditions than those applicable to the subject on the effective date of the value estimate require adjustment for any differences that affect their value. The most common adjustment for market condition is time; however, the passage of time itself is not the cause of the adjustment. Market conditions, which change over time, are the reason to make the adjustment, such as appreciation or depreciation due to building inventory, changes in tax laws, investor's criteria, building moratoriums, fluctuation in supply and demand, et cetera. It is also possible that there is no change in market condition over time. All of the sales occurred in 2018, during a period when market conditions are similar to those prevalent at the time of valuation. No adjustment is necessary for this element of comparison. Transactional adjustments were considered, but none made. Now,the improved sales are compared to the subject and to each other for the remaining property elements of comparison for possible adjustments. Location The location of a property is a key factor in prompting a buyer to purchase it. Location encompasses many aspects such as road frontage, access, proximity to other competing properties, proximity to a market that will use the goods and services housed in a property, governmental influences, etcetera. Typically, properties in a neighborhood share some of the same location characteristics such as age, condition, and style. However, there may be differences such as corner location,view, and zoning,to name a few. Properties of a similar type may be in different locations, yet the locations may share enough similarities to justify comparison. Factors of similarity between locations include average daily traffic counts, zoning and/or land use, and market composition. (Continued) 46 SALES COMPARISON APPROACH (Continued) There are some minor differences among the sales and subject; however, they are not noteworthy enough to warrant adjustment. Physical Characteristics Physical characteristics to be considered for adjustments are those that cause a difference in price to be paid by the market. A wide range of such items includes property type, building size, land size, land to building ratio, amount of parking, year of construction, current property condition, functional utility, market appeal, complete build-out of interior space, et cetera Through the process of searching for comparable sales, the physical characteristics are of import. From the many possible comparable sales, those that are most similar to the property appraised are presented in the report for analysis and comparison to the subject. The less the number of physical differences, the better. The unadjusted range of prices for the improved sales is from $150,000 to $222,000. The most significant physical characteristic affecting the price of the property is the condition of the sale improvement. The appraisers physically examined the interior of the subject property and noted numerous upgrades and improvements including conversion of the front porch into a bedroom and conversion of the rear porch into a new bathroom and laundry area. Kitchen improvements were also noted. The appraisers adjusted each of the improved single-family residential property sales upward $30,000 to account for the physical condition and improvements in the subject as compared to those in the five sales. Economic Characteristics Economic characteristics of a property include its rental rate, occupancy rate, and expenses, which are the building blocks for the gross income multiplier and overall capitalization rate. Single-family residences are not typically purchased based on their economic characteristics. They are sometimes rented,but the income they can produce is not a determining factor in their transfer. This element of comparison carries little weight in this sales analysis. Use For properties to be comparable, they should have similar Highest and Best Uses. All of the improved sales cited in this report and the subject have the same Highest and Best Use as single- family residences,with no adjustment necessary. Non-Realty Components of Value Non-realty components of value include personalty, business concerns, or other items that do not constitute real property but are included in the sale price of either the comparable or the subject property. These components should be analyzed separately from the realty. There were no non-realty components of value to consider for the property appraised. 47 SALES COMPARISON APPROACH (Continued) FINAL VALUE OPINION The unit of comparison most relevant for the property appraised is the sale price per square foot of enclosed building including land. The element of comparison, which most affects price in the subject market, is condition of the property and degree of modernization. The sales are adjusted to the subject for this element of comparison with an adjusted unit prices for the single-family residential sale properties of$141.72, $151.62, $148.15, $167.84, and$142.86 per square foot of building including land. Giving equal weight to each of the adjusted unit prices, the final unit value for the appraised property is in the mid-range of the adjusted sales unit range at$150.44 per square foot of building including land. The quantity of the comparable data is sufficient to have an overview of the market for smaller single-family residential properties in the central-eastern Boynton Beach. The quality of the data is good in that it provides a sound basis to develop an opinion of value for the property under appraisement. Based on the analysis and conclusions presented within the report, it is our opinion that the Market Value of the Fee Simple Estate of the Subject Property as of January 9, 2019 is: 1,134 square feet x $150.44 per square foot= 170 600 FINAL VALUE BY THE SALES COMPARISON APPROACH: ONE HUNDRED SEVENTY THOUSAND SIX HUNDRED DOLLARS Exposure Time Prior to attaining the appraised value is: Six months 48 CERTIFICATION I certify that, to the best of my knowledge and belief,the statements contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal,unbiased professional analyses, opinions, and conclusions. I have no present or prospective interest in the property that is the subject of this report, and I have no bias or personal interest with the parties involved. The appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan. My compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of,this report. I appraised the property on June 28,2017. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. The analyses, opinions and conclusions were also developed and the report prepared in conformity with the Uniform Standards of Professional Appraisal Practice, which is included in the Appraisal Institute's Standards, and Chapter 475,Part 11 F.S. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. The use of this report is (also) subject to the requirements of the State of Florida relating to review by the Florida Real Estate Appraisal Board. I have visited the property that is the subject of this report on December 19, 2018. Jesse B. Vance, Jr. and Claudia Vance are responsible for the analyses, conclusions and opinions concerning real estate set forth in this report. No one else has provided significant professional service to the persons signing this report. The Appraisal Institute and the American Society of Appraisers each conduct programs of continuing education for their designated members. As of the date of this report, Jesse B. Vance, Jr. and Claudia Vance have completed the requirements of the continuing education program of the Appraisal Institute. Continuing educational requirements are also completed for the American Society of Appraisers and the State of Florida. January9_ 2019 Jesse B. Vance, Jr., MAI, SRA, ASA Florida State-Certified General Real Estate Appraiser No. RZ-85 January 9,2019 Claudia Vance,MAI Florida State-Certified General Real Estate Appraiser No.RZ-173 49 CERTIFICATION AND LIMITING CONDITIONS The statements and conclusions contained in this report,subject to the limiting conditions hereafter cited,are correct to the best of the writers'knowledge. 1. The undersigned have personally visited the subject of this report. No pertinent information has been knowingly withheld. 2. Unless specifically included,the subject is analyzed as though free and clear of liens and encumbrances. 3. No responsibility is assumed for legal matters,nor is an opinion of title rendered. Title is assumed to be good and held in Fee Simple. 4. Legal descriptions and property dimensions have been furnished by others;no responsibility for their correctness is assumed. Sketches which may be in the report are for illustrative purposes only. 5. Possession of any copy of this report does not carry with it the right of publication,duplication,or advertising using the writers' names or professional designations or membership organizations. 6. The writers are not required to testify without prior agreement. 7. Neither the employment to make this appraisal nor compensation therefore is contingent on the value reported. 8. Improvements,if any,are those noted and reported on the date of inspection. 9. The value or values estimated apply ONLY as of the date of valuation stated within the report. 10. The writers certify that they have no present,past or contemplated interest in the subject of this report. 11. This report is the property of the indicated client. It may not be used by any other party for any purpose not consistent with the written function of this report without the express written consent of the writers AND client. 12. The reported analyses,opinions and conclusions were developed,and this report has been prepared,in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Practice and Conduct of the Appraisal Institute. The work also conforms to the Uniform Standards of Professional Appraisal Practice. 13. The existence of potentially hazardous material used in the construction or maintenance of buildings,such as the presence of urea formaldehyde foam insulation,and/or existence of toxic waste,which may or may not be present on the property,has not been considered. Additionally,soil or sub-soil contamination may exist from current or prior users,or users outside the property concerned. The appraisers are not qualified to detect such substances. We urge the client to retain an expert in this field if desired. 14. The appraisers have not been provided a Habitat Survey,Endangered Species Survey,or analysis by a qualified environmental specialist indicating the presence of or proximity to environmentally sensitive and/or protected land or species which could affect the use,and possibly,value of the appraised property. The appraisers are not qualified to identify these factors. We recommend that an expert be hired where there may be reasonable cause to expect the presence of any of the cited elements. 15. Jesse B.Vance,Jr.and Claudia Vance were responsible for the analyses,conclusions,and opinions of real estate set forth in this report. (No one else provided significant professional assistance to the report signers). 16. The Americans with Disabilities Act(ADA)became effective January 26,1992. We have not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property would reveal that the property is not in compliance with one or more of the requirements of the act,which could reduce property value. 17. Prospective value estimates are based on current conditions and trends. The appraisers cannot be held responsible for unforeseeable events that might alter market conditions upon which market value has been estimated. 18. The appraisers certify that they have the knowledge and experience required to perform this appraisal assignment. 19. The appraiser reserves the right to amend or change this report at any time additional market information is obtained which would significantly affect the value opinion. Jesse B.Vance,Jr.,MAI,SRA,ASA State-Certified General Real Estate Appraiser No.RZ 85 January 9,2019 Claudia Vance,MAI State-Certified General Real Estate Appraiser No.RZ 173 January 9,2019 50 ADDENDA ir��ra�r�rrr�rrwi CFN 20130155158 OR BK 25924 PG 1862 RETURN TO: RECORDED 04/04/2013 13:51:04 PREPARED BY: Palo Beach County, Florida ART 64,500.00 Stev L.Craig,Esquire Doc Stamp 451.50 ;kTitle of Florida, Inc. Sharon R. Bock,CLERK i COMPTROLLER 45A Blvd,Ste. 304B Pgo 1862 - 1863; (2pga) Pale , 12h Gardens, FL 33418 FiT �1 0 Propert*raisers Parcel No.: 08-43-45-21-29-003-0052 (Space Above This Line for Recording Data) Q� WARRANTY DEED o ' THIS WA DEED made and executed the day of 2013, by LARANN,LLC,a Flo ' mited liability company,hereinafter called the grantor,to VALRIE BROWN- McINTOSH,a single p whose post office address is as follows: 1 castle Pines Road,Boynton Beach,FL 33437 hereinafter called the grantee: (Wherever used herein the term tor"and"grantee"include all the parties to this instrument and the heirs, legal representatives and asf individuals,and the successors and assigns of corporations) WITNESSETH: That the grant U and in consideration of the sum of$10.00 and other valuable considerations, receipt whereof is here owledged, hereby grants, bargains, sells, aliens, remises, releases, conveys, and confirms unto the an all that certain land situate in PALM BEACH County, Florida,viz: The East 50 feet of the South 100 feet of Lot 5, Block 3, SHEPARD ADDTION TO BOYTON,according to the plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County,Florida,recorded in Plat Book 2,Page 59; said lands situate,lying and being in Palm Beach County,Florida. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. SUBJECT TO restrictions,reservations,covenants,and easements of record, if applicable. F:\WORDDOC\Mae\Closing Docs\4600 files\4612\M-WD-Corp to Ldoc 1 52 Book25924/Page1862 Page 1 of 2 TO HAVE AND TO HOLD,the same in fee simple forever. AND the grantor hereby covenants with said grantee that it is lawfully seized of said land in fee sim •that the grantor has good right and lawful authority to sell and convey said land;that the grantor hereby ants the title to said land and will defend the same against the lawful claims of all persons wl ever;and that said land is free ofall encumbrances,except taxes accruing subsequent to December 31, 201 ( `dN ITNESS WHEREOF,the said grantor has signed and sealed these presents the day and year first abo en. Signed,sealIttd delivered in our presence: O� LARANN,LLC, a Florida limlj liability company (SEM By: FINKELSTEIN,Managing Member � Address: O rs tness Signalure Aol C (Printed Name S and W e (Printed Na STATE OF FLORIDA `= COUNTY OF PALM BEACH § The foregoing instrument was acknowledged before me this 1 day of 0—,2013, by LARRY FINKELSTEIN, as Managing Member for LARANN, LLC, a F ori a limited liability company, who has produced identification as referenced below. LARRY FINKELSTEIN Identification: WITNESS MY HAND AND OFFICIAL SEAL OF OFFICE tpRY PU"k+ C llM SEYBM # * MYCOMMISSIMIEE 2M Notary Public EXPIRES:June 20,2018 printed Na e• � f C3-'L" +– My Commission expires: FAWORDDOC\Mae\Closing Docs\4600 fi1es\4612\M-WD-Corp to Ldoc 2 53 Book25924/Pagel863 Page 2 of 2 - - Homeftad Exemption CFA,OS Palm Beach Cgunty Prop"AWaiser � I Owner Name: BROWN MCINTOSH VALRIE Marcel Control Number: 48-43-4S-21-29-043-4452 Location Address: 115 NE 4TH AVE f Structural Element Sketch for Building 1 for Building 1 to Exterior VINLY/ALUM/CION 1' Wall 1 SIDING 1, B' 2, Year Built 1934144 Air 3. Condition HTG&AC y ' Desc. 22 Heat FORCED AIR 4" Type DUCT S. Beat Fuel ELECTRIC 6. Bed 3 Rooms 7. Full Baths 2 t Half S. Baths 4 Exterior ' Wl'`all2 N/� tri 14, Roof GABLE/HIP Structure Roof 11. Cover MINIMUM l9901d 1 Interior WALL BD./ 12. Wall 1 WOOD Interior 13. Walt 2 N/A Floor 14. Type 1 WOOD FINE/SOFT t Floor 15. Type 2 N/A 1 . Stories 1 i Subarea and Sq. 30 Footage for Building 1 Code Description Sq' Footage BAS BASE,AREA 990 SFB SEMI FINISHED 144 BASE AREA. Total square 1134 Footage i Total Area tinder 1 134 Air: ( Extra Feature I Description Year Built Units No Extra.Feature Available Land Details Land Line Description Zoning Units Acres 54 http://www.co.palm-beach.fl..us/papalAsps/PropertyDetail0 tructuraiDetail.aspx?entity_id... E. R-2 Single and Two-family Residential District. 1. General. The purpose of the R-2 zoning district is to implement the medium density residential (MeDR) future land use map (FLUM)classification of the Comprehensive Plan. The intent of this conventional district is to stabilize and protect existing residential neighborhoods with densities no greater than ten(10)dwelling units per acre, and allowing limited types of non- residential uses. 2. Use(s) Allowed. See "Use Matrix Table 3-28" in Chapter 3,Article IV, Section 3.D. 3. Building and Site Regulations (Table 3-9). Existing and/or planned single-family homes shall conform to the R-1 district requirements; however, for duplex homes, the following lot and building requirements shall be observed: BUILDING/SITE REGULATIONS R-2 District Minimum lot area(per unit): 4,500 s.f.1 Minimum lot frontage: 75 feet Minimum yard setbacks: Front: 25 feet2 Rear: 25 feet3 Interior side: 10 feet2 Corner side: 25 feet 2,3 Minimum living area: 750 s.f. Maximum lot coverage: 40% Maximum Floor Ratio Area (FAR) 0.104 Maximum structure height: 25 feet 1 Single-family dwellings shall be constructed on lots that are no less than six thousand(6,000)square feet. 2 Pursuant to Section 8.B.below,parcels that have frontage on Martin Luther King Jr.Boulevard and are located within the Martin Luther King Boulevard Overlay Zone shall have front,side interior,and side corner setbacks in accordance with the mixed use-low intensity 1 zoning district(see Section 6.11.below). 3 On corner lots,the side setback adjacent to the street shall be not less than one-half(1/2)the front yard setback. However,where orientation of adjacent lots on both street frontages provide typical front yard setbacks,the comer lot shall provide for front yard setbacks along both streets. when two(2)front yard setbacks are provided for on a corner lot,no rear yard setback shall be required,only side yard setbacks shall be imposed. 4 A floor area ratio(FAR)up to 0.10 maybe considered for non-residential uses allowed within the R-2 district (see "Use Matrix"—Chapter 3,Article IV, Section 3),pursuant to the medium density residential land use category of the Comprehensive Plan. 5 Not to exceed two(2)stories. 55 D. R-1 Single-family Residential District. 1. General. The purpose of the R-1 zoning district is to implement the moderate density residential (MoDR) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to encourage single-family dwellings and structures at densities no greater than seven and one-half(7.5) dwelling units per acre, and allowing limited types of non-residential uses. 2. Use(s) Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.1). 3. Building and Site Regulations (Table 3-8). The following lot and setback requirements shall be observed: BUILDING/SITE REGULATIONS R-1 District Minimum lot area: a 6,000 s.f. Minimum lot frontage: 60 feet Front: 25 feet Rear: 20 feet Special rear yard setback reduction for single-story building additions:I Abutting: I-95 or railroad tracks: 50% Abutting: Intracoastal: 50% Abutting: Lakes: 50% Abutting: Golf Course: 50% Abutting: Canals wider than 150 ft 50% Abutting: Canals narrower than 150 ft 33% Abutting: Perimeter walls of community that abut other than residential: Abutting: Commercial or Industrial 50% Abutting: Public or private park: 50% Interior side: 7.5 feet Comer side: 25 feet2 Minimum living area: 1,200 s.f. Maximum lot coverage: 50% Maximum structure height: 30 feet 56 ' 3 J O a x ++ d d d d z z z z to w w z z E U •• a Q YC to YC YC o O to O N [— to O y O c� O c v �1. O o O Q. M y 00 O m � U VI O LO kn o II I C LL W c� �O O O cc 0 `n U •� O OO o ffQ .. ori, "' o O N o d �m r-: z to z x cd W ch U oO o 0 O d to O t d Q rx Q z �o 1:T z z U Qo o ttn z oo r- 1:T z O O o O O DD t Q �� i z 01 01 -- z I O O a0 r. aj Cd Q Qz "O c. Q. $.. c� O fy (� U U Cd p �' Q s .. bD O O Q C/1 tom~" O s. _ _._ U 3 .3u � GTr140. z z z z z z z z 00 w w w w z z z z z • � � d d d d d d d d w w w w z z z z z z 'z z 00 z z z z z z z z co N N N N O z z z z z z z z U O / O O O O O M O O M N r- N N Fri N kn to kn kn M kn kn 44 O O N kn O by o 0 0 0 0 0 0 0 N N O O O O O <cM O O N N v A4 0 0 0 0 0 0 0 0 M N -•� N N �n �n �n �n �n M �n �n Cd �. .-. OCd O V N 4 Cdto to L" . '� o o O .. o a� U 'v C7 U U U w r� r� U rx U ---� EJ Sec. 11. Nonconforming Regulations. A. Lots and Parcels. 1. R-1 District, R-IA District, R-2 District, and R-3 District. A detached single-family dwelling may be constructed on any parcel located in an R-1, R-1 A, R-2, or R-3 district, provided that it meets all of the following requirements: a. The parcel contains at least one (1)whole platted lot,platted prior to August 7, 2001; b. The parcel, or assemblage of platted parcels which individually meet the requirements of paragraph a. above, has a frontage of not less than fifty (50) feet, and a lot area of not less than five thousand(5,000) square feet(irregular, other than rectangle-shaped lots with less than five thousand(5,000) square feet of area may be developed if in conformance with all other lot regulations); c. All such parcels, when developed, shall comply with all provisions of the Land Development Regulations and applicable building code regulations, including without limitation sections of the building code regulations regarding the impact of construction and drainage on or to adjacent properties. -- N 2. R-2 District. Within R-2 districts, in subdivisions platted prior to the effective date of these Regulations, where the platted lots have a frontage of at least forty (40) feet but less than fifty (50)feet,the following rules shall apply: a. A detached single-family dwelling may be constructed on any such parcel,provided that the parcel contains at least one (1)whole platted lot. b. A duplex dwelling may be constructed on any parcel,provided that it meets the following requirements: (1) The parcel contains at least two (2)whole platted lots; (2) Property cannot be acquired from adjacent parcels so as to make the subject parcel conforming, without causing the adjacent parcels to become nonconforming or more nonconforming. c. For any parcel, lot, or combination of lots, where the total frontage is equal or greater than one hundred twenty (120)feet, and the total area is greater than twelve thousand(12,000) square feet, said property shall not be developed except in accordance with the minimum frontage and lot area required in the R-2 zoning district. d. Ownership of parcels shall be determined by the property tax rolls on file in the Palm Beach County Property Appraiser's Office as of the effective date of these Regulations. 3. R-I AA District. A detached single-family dwelling may be constructed on any parcel located in an R-1 AA district,without requiring a variance,provided that it meets the following requirements: a. The parcel contains at least one (1)whole platted lot. b. The parcel has a frontage of not less than sixty (60) feet,and a lot area of not less than six thousand, seven hundred fifty (6,750) square feet in area. c. It would not be possible to acquire property from adjacent parcels so as to make the subject parcel conforming,without causing the adjacent parcels or structures thereon to become nonconforming or more nonconforming. For any parcel or lot, or combination of lots under the same ownership, where the total frontage and the total area is equal to or greater than that which is required by the R-IAA district building and site regulations, said property shall not be developed except in accordance with the minimum frontage and lot area required in the particular zoning district. Not more than one (1)parcel or lot, or combination of lots under the same ownership,that is nonconforming but which meets the requirements under b. above may be developed for a single- family house. 59 ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Page 1 of 3 Sec. 2. Standards. A. General. 1. Rules and Methodology. a. Parking space requirements shall be computed on the basis of the principal use of a structure or lot, and using gross floor area unless stated otherwise in this article. Gross floor area, for the purposes of this subsection, shall include the floor area occupied by the principal use,plus the floor area occupied by all other enclosed spaces, including but not limited to storage rooms,maintenance and mechanical rooms, offices, lounges, restrooms, lobbies, basements, mezzanines, and hallways. b. Where several principal uses exist in one (1) structure or on one (1) lot,parking space requirements shall be computed separately for each principal use,unless stated otherwise in this article. Where parking spaces are required in this article for each of several principal uses that commonly occur together,this is done for the purpose of clarification only, and shall not limit the application of the requirement contained in this paragraph. c. A use shall be considered a principal use, for the purposes of this subsection, if it could exist separately from all other uses in the same structure or on the same lot, and would by itself generate significant parking demand. d. Where several principal uses exist in one (1)building or part of a building, and the floor area of each principal use cannot be clearly delineated,the parking space requirement for the use requiring the greatest number of parking spaces shall apply. e. Where a use is not listed below, parking space requirements shall be determined by the City Commission after review and recommendation by the Director of Planning and Zoning or designee. f. Where the number of required parking spaces as computed includes a fraction,the number of required parking spaces shall be the computed number rounded to the next highest whole number. g. Except as provided in Section 3.E. below,there shall be provided, at the time of the erection of any structure or establishment of any use, a number of off-street parking spaces in accordance with the following minimum requirements,and subject to the parking requirements of this subsection. Where a structure or use is enlarged or increased in capacity by any means, including a change in building occupancy which requires the provision of additional parking spaces, or a change in use to or which requires additional parking spaces,the minimum number of parking spaces shall be computed by applying these requirements to the entire structure or use. 2. Minimum Number of Required Off-Street Spaces for Non-Residential Uses. No fewer than four(4)parking spaces shall be provided for any non-residential use. 3. Location of Off-Street Parking Areas. a. Residential. Required parking spaces for all dwellings shall be located on the same lot as the dwelling to be served. b. Non-residential. Required parking spaces for all non-residential uses shall be owned by the owner of the building or lot to be served,and shall be located on the same lot, or not more than three hundred(300) feet distance,unless the property is located within those areas defined within the adaptive re-use section of the Code (Chapter 4, Article 5, Section 4). In those areas, required parking spaces may be leased within three hundred(300) feet of the use in which they serve, subject to Board and City Commission approval,and the property shall be posted with signage indicating to patrons the location of the leased parking. B. Table 4-17. Residential and Lodging Uses. Residential and Lodging Uses Standard Number of Required Parking Spaces 60 h4://www.amlegal.com/nxt/gateway.dll/Florida/boynton/partiiilanddevelopmentregulation... ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Page 2 of 3 Building area size is based upon gross floor area(in square feet)unless specifically expressed otherwise. Single-family,duplex dwelling,or mobile home: 21 Efficiency or one (1)-bedroom apartment: 1.5 1,2 Within mixed use high district: 1.332 Two (2) or more bedroom apartment: 21,2 Within mixed use high district: 1.661'2 Dormitories: 1 per unit Hotel&motel units containing one (1)-bedroom: 1.25 per unit Within mixed use high district: 1 per unit Hotel& motel suite containing two (2) or more 2 per unit bedrooms: Within mixed use high district: 1 per unit Group home(types 1 through 4): 1 per 3 beds Bed&breakfast: 13 Live/work unit: 1 per 2 units4 1 Residential driveways shall satisfy the parking space requirements for single-family detached dwelling units, duplexes, and multi-family dwelling units containing garages,provided such driveways are of sufficient size to meet the parking space requirements of this subsection. A residential driveway of sufficient size shall be provided prior to the issuance of a certificate of occupancy. For all required parking spaces not located within an enclosed garage, the first parking space shall be the minimum size required for a handicap space, exclusive of public or private rights-of-way, and all other required spaces must be dimensioned in accordance with current city standards. All driveways shall be setback at least two (2) feet from interior side and corner side property lines, and maintained and drained so as to prevent nuisance conditions or a danger to the public and/or adjacent property owners. Any expansion to an existing driveway shall require a zoning permit from the Planning and Zoning Division in accordance with the procedures specified in Chapter 2,Article II, Section S.B.; however, any driveway expansion(or similar impervious surface)that is equal to or greater than eight hundred(800) square feet shall require the approval of a land development permit in accordance with Chapter 2, Article III, Section 3. Any work, such as a driveway,proposed within the swale (right-of-way) shall require a permit from the Engineering Division in accordance with the procedures specified in Chapter 2, Article III, Section 4. 2 Guest parking shall be provided at a rate of 0.15 spaces per unit for residential developments consisting of three (3)or more dwelling units. 3 Required parking shall be calculated on the basis of one (1) space per each employee, manager, or owner and one (1)parking space for each guest unit. Newly created parking may be located only in the rear and side yard. 61 http://www.amlegal.com/nxt/gateway.dll/Florida/boynton/partiiilanddevelopmentregulation... ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Page 3 of 3 4 In addition to the required parking for the residential unit,the city requires that one (1) parking space per two (2) live/work units be provided to meet business activity needs. Parking provided to meet this requirement shall be located on the lot,built into or under the structure, or within three hundred (300) feet of the unit in which the use is located. The distance shall be a straight line measurement from a point on the boundary line of the property of the subject unit to the closest boundary line of the property on which the parking is located. Parking provided to accommodate said space, including driveways of adequate depth in front of the unit's garage, shall not serve as meeting required parking for the unit's residential use. 62 http://www.amlegal.com/nxt/gateway.dll/Florida/boynton/partiiilanddevelopmentregulation... 1/8/2015 SUMMARY OF 2018—2019 USPAP(Uniform Standards of Professional Appraisal Practice) Standard Rule 2: Real Property Appraisal, Reporting In reporting the results of a real property appraisal, an appraiser must communicate each analysis, opinion, and conclusion in a manner that is not misleading. STANDARD 2 addresses the content and level of information required in a report that communicates the results of the real property appraisal. STANDARD 2 does not dictate the form,format, or style of real property appraisal reports. The form, format, and style of the report are functions of the needs of intended users and appraisers. The substantive content of a report determines its compliance. STANDARDS RULE 2-1 Each written or oral real property appraisal report must: (a) clearly and accurately set forth the appraisal in the manner that will not be misleading; (b) contain sufficient information to enable the intended users of the appraisal to understand the report properly; and (c) clearly and accurately disclose all assumptions, extraordinary assumptions, hypothetical conditions, and limiting conditions used in the assignment. STANDARDS R ULE 2-2(a) Each written real property appraisal report must be prepared under one of the following options and prominently state which option is used:Appraisal Report or Restricted Appraisal Report. The content of an Appraisal Report must be consistent with the Intended Use of the appraisal and, at a minimum: (i) state the identity of the client, unless the client has specifically requested otherwise; state the identity of any intended users by name or type; (ii) state the intended use of the appraisal; (iii) summarize information sufficient to idents the real estate involved in the appraisal, including the physical, legal, and economic property characteristics relevant to the assignment; (iv) state the real property interest appraised; (v) state the type and definition of value and cite the source of the definition; (vi) state the effective date of the appraisal and the date of the report; (vii) summarize the scope of work used to develop the appraisal; (viii) summarize the information analyzed, the appraisal methods and techniques employed, and the reasoning that supports the analyses, opinions, and conclusions; exclusion of the sales comparison approach, cost approach or income approach must be explained; (ix) state the use of the real estate existing as of the date of value and the use of the real estate reflected in the appraisal; (x) when an opinion of highest and best use was developed by the appraiser, summarize the support and rationale for that opinion; (xi) clearly and conspicuously: state all extraordinary assumptions and hypothetical conditions: and state that their use might have affected the assignment results; and (xii) include a signed certification in accordance with Standards Rule 2-3. 63 475.611 Florida Statutes: Definitions.-- (1) As used in this part, the term: (a) "Appraisal" or"appraisal services" means the services provided by certified or licensed appraisers or registered trainee appraisers, and includes: 1. "Appraisal assignment" denotes an engagement for which a person is employed or retained to act, or could be perceived by third parties or the public as acting, as an agent or a disinterested third party in rendering an unbiased analysis, opinion, review, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real property. 2. "Analysis assignment" denotes appraisal services that relate to the employer's or client's individual needs or investment objectives and includes specialized marketing, financing, and feasibility studies as well as analyses, opinions, and conclusions given in connection with activities such as real estate brokerage, mortgage banking, real estate counseling, or real estate consulting. 3. "Appraisal review assignment" denotes an engagement for which an appraiser is employed or retained to develop and communicate an opinion about the quality of another appraiser's appraisal, appraisal report, or work. An appraisal review may or may not contain the reviewing appraiser's opinion of value. (b) "Appraisal Foundation" or"foundation" means the Appraisal Foundation established on November 20, 1987, as a not-for-profit corporation under the laws of Illinois. (c) "Appraisal report" means any communication, written or oral, of an appraisal, appraisal review, appraisal consulting service, analysis, opinion, or conclusion relating to the nature, quality, value, or utility of a specified interest in, or aspect of, identified real property, and includes any report communicating an appraisal analysis, opinion, or conclusion of value, regardless of title. However, in order to be recognized in a federally related transaction, an appraisal report must be written. (d) "Appraisal review" means the act or process of developing and communicating an opinion about the quality of another appraiser's appraisal, appraisal report, or work. (e) "Appraisal subcommittee" means the designees of the heads of the federal financial institutions regulatory agencies established by the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. ss. 3301 et seq.), as amended. (f) "Appraiser" means any person who is a registered trainee real estate appraiser, licensed real estate appraiser, or a certified real estate appraiser. An appraiser renders a professional service and is a professional within the meaning of s. 05._1.1_(4)(a). (g) "Board" means the Florida Real Estate Appraisal Board established under this section. (h) "Certified general appraiser" means a person who is certified by the department as qualified to issue appraisal reports for any type of real property. (i) "Certified residential appraiser" means a person who is certified by the department as qualified to issue appraisal reports for residential real property of one to four residential units, without regard to transaction value or complexity, or real property as may be authorized by federal regulation. Q) "Department" means the Department of Business and Professional Regulation. 64 Page 1 of 5 Vance Real Estate Service ANWONNNOMMIL 9 Jesse B. Vance, Jr., MAI, SRA, ASA, MBA Appraiser - Real Estate Analyst - Reviewer - Expert Witness Vance Real Estate Service - 7481 NW 4 Street - Plantation - Florida - 33317 Office: 954.583.2116; Cell: 954.610.2423; Email: vanceval(a,comcast.net Web Page: www.vancerealestateservice.com Vance Real Estate Service is a Veteran-Owned Small Business (VOSB) and Florida Certified SDVBE Minority Business Enterprise specializing in personalized real estate valuation services in Florida for over 35 years. Currently registered in"SAM" (U.S. Government System for Award Management—DUNS 826494957).Designated appraisers perform the appraisal work,no trainees. Jesse B. Vance, Jr., MAI, SRA, ASA, MBA and Claudia Vance, MAI are qualified as expert witnesses for eminent domain, bankruptcies, deficiency judgments, marriage dissolution, and estate valuations. Our firm values most types of real property interests for sale, mortgage loans, litigation and investment reasonably, timely and professionally. As licensed real estate brokers,we perform most other real property functions.We also do"Valuations for Financial Reporting." PROFESSIONAL QUALIFICATIONS A)PROFESSIONAL DESIGNATIONS/DEGREES/LICENSES&CERTIFICATIONS MAI DESIGNATION - APPRAISAL INSTITUTE/Life Member No. 8781 SRA DESIGNATION - APPRAISAL INSTITUTE/Life Member No. 8781 ASA DESIGNATION - AMERICAN SOCIETY OF APPRAISERS(RE-Urban)4003439 MBA DEGREE - REAL ESTATE MANAGEMENT AND DEVELOPMENT STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER 4RZ-85(Florida) FLORIDA STATE LICENSED REAL ESTATE BROKER NO.BK.91050 REGISTERED VETERAN-OWNED SMALL BUSINESS(CCR/Duns 826494957) FLORIDA CERTIFIED SDVBE BUSINESS ENTERPRISE(Minority Business Enterprise-MBE) FLORIDA"D.E.P."APPROVED APPRAISER Currently registered in"SAM"(U.S.Government System for Award Management). B)QUALIFIED AS AN EXPERT WITNESS IN REAL ESTATE VALUATION 1.U.S.Court of Appeals,Eleventh Circuit 2.U.S.District Court,Southern District of South Florida 3.U.S.District Court,New Jersey 4.U.S.Bankruptcy Court,Southern District of Florida 5.U.S.Bankruptcy Court,District of New Jersey 6.U.S.Bankruptcy Court,Western(Pittsburgh)Division of Pennsylvania 7.Florida Circuit Courts:Broward,Dade,Palm Beach,Lee,Collier,Martin,and Okeechobee Counties 8.Appraiser on landmark eminent domain cases:TESSLER,NESS TRAILER PARK,PATEL,SIMPSON v. FILLICHIO,RUBANO,PALM BEACH COUNTY(FL)vs.COVE CLUB INVESTORS,LTD. C)EXPERIENCE Over thirty-five(35)years appraising and analyzing real property interests in South Florida Partial list: RESIDENCES, RESTAURANTS/BARS, APARTMENT BUILDINGS, OFFICE BUILDINGS HOTELS/MOTELS, CHURCHES, CONDOMINIUMS/COOPS, HOSPITALS &NURSING HOMES, VACANT LAND, GOLF COURSES, GOLF CLUBS, GASOLINE SERVICE STATIONS, MARINAS, TRAILER PARKS, SHOPPING CENTERS, BANKS/THRIFT INSTITUTIONS, BOWLING ALLEYS, P.U.D.'S, INDUSTRIAL BUILDINGS, TIME-SHARE DEVELOPMENTS, ROCK PITS, SCHOOLS, AGRICULTURAL PROPERTIES, WATER MANAGEMENT DISTRICT, MARKETABILITY, FEASIBILITY ANALYSES, INVESTMENT ANALYSES, AUTO SALES FACILITIES, LEASE VALUATIONS, TAX & ASSESSMENT APPEALS, CONDEMNATION, EXPERT WITNESS (Member National Forensic Center), BUSINESS ENTERPRISE VALUATIONS (BEV), (VFR) VALUATION FOR FINANCIAL REPORTING, AVIGATION & CLEARANCE EASEMENTS, ESTATES, DIVORCES, PLANNING/LAND USE STUDIES, HIGHEST & BEST USE ANALYSES, DEPRECIATION ANALYSES, COMPONENT APPRAISALS, ENVIRONMENTALLY SENSITIVE LAND, CONTAMINATED PROPERTIES, SUGARCANE & TURFGRASS LAND, DAY CARE CENTERS, SELF-STORAGE FACILITIES, FUNERAL HOMES, ANIMAL HOSPITALS, SUBMERGED LAND, CITY CENTERS,etc. 65 Page 2 of 5 D)PARTIAL LIST OF CLIENTS PRIVATE INDIVIDUALS AND CORPORATIONS, ATTORNEYS, ACCOUNTANTS, TRUST DEPARTMENTS, COMMERCIAL BANKS: Wells Fargo; BankAtlantic; SunTrust; American National Bank; Landmark Bank; City National Bank; BankUnited; Gateway American Bank; State Farm Bank; Englewood Bank & Trust; SAVINGS & LOANS, INSURANCE COMPANIES, REAL ESTATE INVESTMENT TRUSTS, & REAL ESTATE TRANSFER COMPANIES, TITLE INSURANCE COMPANIES; FLORIDA CITIES: FORT LAUDERDALE, PLANTATION, COOPER CITY, TAMARAC, LAUDERHILL, BOCA RATON, DEERFIELD BEACH, OAKLAND PARK, WILTON MANORS, HOLLYWOOD, WEST PALM BEACH, DELRAY BEACH, HALLANDALE, PEMBROKE PINES, COOPER CITY, TOWN OF DAVIE, TOWN OF SOUTHWEST RANCHES, MIRAMAR. FLORIDA COUNTIES: BROWARD, PALM BEACH,COLLIER, OKEECHOBEE;BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS;OKEECHOBEE BOARD OF COUNTY COMMISSIONERS. SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, BROWARD COUNTY HOUSING AUTHORITY,STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION(DOT); STATE OF FLORIDA DIVISION OF GENERAL SERVICES(GSA); N. BROWARD GENERAL HOSPITAL DISTRICT; STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Approved Vendor);U_S. TREASURY DEPARTMENT(General Counsel, I.R.S.);U.S.MARSHAL'S SERVICE—U.S.ATTORNEY'S OFFICE CENTRAL DIVISION—U.S.Dept.of Justice; VETERANS ADMINISTRATION E)EDUCATIONAL BACKGROUND-(Partial List) BACHELOR OF ARTS- Earlham College,Richmond,Indiana(1954) MBA(Nova University) - Real Estate Management&Development(National Dean's List 1991) Course 1 (AIREA) - Basic Principles of Appraising Course 2 (AIREA) - Urban Property Valuation(Income) Course 4 (AIREA) -Condemnation Appraising Course 6 (AIREA) - Income Capitalization&Analysis Course 101(SREA) - Introduction to Appraising Course 201(SREA) - Income Property Valuation,Theory Course 202(SREA) - Applied Income Property Valuation Course 301(SREA) - Applications/Appraisal Analysis Symposium (SREA) - Market Analysis,1978,Virginia Symposium (SREA) - Market Analysis,1979,Arizona Symposium (SREA) - Market Analysis,1980,South Carolina Symposium (SREA) - Market Analysis,1981,Tennessee Symposium (SREA) - Market Analysis,1982,New Mexico Symposium (SREA) - Market Analysis,1983,Pennsylvania Symposium (SREA) - Market Analysis,1984,Georgia Symposium (SREA) - Market Analysis,1985,Vancouver,B.C. Symposium (SREA) - Market Analysis,1986,New Jersey Clinic (SREA) -#201 Instructor,1987,U.of Illinois Clinic (SREA) -#201 Instructor,1988,Illinois Seminar (SREA) - Professional Practice,1988,Florida Symposium(SREA) - Market Analysis, 1988,California Symposium(SREA) - Market Analysis, 1989,Minnesota MBA Graduate School Courses: 1990—1991 Successfully completed the following graduate school courses: - "Regulation of Real Estate Development" - "Real Properties Management" - "Legal Issues In Real Estate" - "Market Analysis and Site Selection" - "Organizational Behavior and Management' - "Human Resource Management" - "Real Estate Economics" -"R.E.Finance:Instruments,Institutions&Investment Analysis" - "Urban Infrastructure&Environmental Analysis" - "Real Estate Accounting" - "Marketing Management for Real Estate" - "Commercial Real Estate Lending" - "Construction Technology and the Building Development Process" SEMINAR (AI) - Cost Approach(1992/Boston) SEMINAR (AI) - Rates&Ratios(1992/Boston) SEMINAR (AI) - International Appraising(1992/Boston) SEMINAR (AI) - Litigation Valuation/Mock Trial(1993) SEMINAR (AI) - ADA ACT(1993/Reno) SEMINAR (AI) - Hotel Valuation(1993) SEMINAR (AI) - Income Capitalization,Methods(1993) SEMINAR (AI) - Powerlines/Electromagnetic Radiation(1994) SEMINAR (AI) - Verifying Market Data(1994) SEMINAR (AI) - Market Studies for Appraisals(1994) SEMINAR (AI) - Florida Appraiser Core Law(USPAP/1994) 66 Page 3 of 5 E)EDUCATIONAL BACKGROUND-(Partial List,continued) SEMINAR (AI) - Limited Appraisals&Reports(USPAP/1994) SEMINAR (AI) - Public Safety&Property Values(1995) SEMINAR (AI) - Outparcel Valuation(1995) SEMINAR (AI) - Computer Technology Video Conference(1995) SEMINAR (AI) - The Internet&the Appraiser(1996) SEMINAR (AI) - Florida Commercial Construction(1996) SEMINAR (AI) - Real Property Rights in Florida(1996) COURSE (AI) - USPAP&Florida Real Estate Core Law(1996) SEMINAR (AI) - Valuation of Trees(199 7) 3-DAY COURSE - Environmental Permitting/Mitigation/Mitigation Banking/Contamination Risk Management- Liability/Wetlands/Hazardous Wastes/LenderLiability(1997/Marco Beach.FL) SEMINAR(AI) -Valuation of Transferable Development Rights[TDR's](1997) COURSE (AI) - Standards of Professional Practice,Part C,15 hour Course#430(1997) SEMINAR(AI) - Non-Conforming Uses(1998) SEMINAR(AI) - The Impact of Contamination on Real Estate Value(1998) COURSE (AI) - USPAP&Florida Real Estate Core Law(1998) SEMINAR(AI) - Econometrics/Statistical Valuation Methods(1999) COURSE (AI) - 14 Hour(2-day)Advanced Spreadsheet Modeling for Valuation Applications SEMINAR(AI) - Globalization of Real Estate/What U.S.Appraisers Need to Know(1999) SEMINAR(AI) - The Role of the Appraiser in Alternative Dispute Resolution(Mediation/Arbitration)(1999) SEMINAR(AI) - Technology Forum Part II/Intermediate(1999) SEMINAR(AI) - Client Satisfaction/Retention/Development(1999) SEMINAR(AI) - Attacking and Defending an Appraisal(1999) SEMINAR(AI) - Federal Appraisal Requirements("Yellow Book')(2000) SEMINAR(AI) - Regression Analysis in Appraisal Practice:Concepts&Applications(2000) SEMINAR(AI) -Analyzing Income Producing Properties(2000) SEMINAR(ATIF) - 1031 Tax Deferred Exchanges(2000) COURSE (AI) -USPAP&Florida Real Estate Core Law(2000) SEMINAR(AI) - Mediation&Alternate Dispute Resolution Seminar(2001) SEMINAR(AI) - State of the Appraisal Profession(2001) 2-Day SEMINAR - Eminent Domain,by CLE International,Tampa,Florida(200 1) SEMINAR(AI) -Ad Valorem Assessment Process in Florida(2002) SEMINAR(AI) -Role of Real Estate Appraisers in Bankruptcy Proceedings(2002) SEMINAR(AI) -Appraisers&the Gramm-Leach-Bliley Federal Privacy Act(2002) SEMINAR(AI) -How to Appraise the Ugly House(2002) COURSE(AI) -2-Day Course#430,Standards of Professional Practice,Part C(2002) SEMINAR(AI) -Market Trends for 2003(2003) SEMINAR(AI) -Update on Code of Professional Ethics(2003) PANEL(AI) -Moderator"Industry,Consumer&Congressional Views on Predatory Lending"D.C.(2003) SEMINAR(AI) -Florida State Law for Real Estate Appraisers(2003) SEMINAR(AI) -Appraisal Agreements(2003) SEMINAR(AI) -Analyzing Distressed Real Estate(2004) SEMINAR(AI) -Valuation for Financial Reporting Purposes(2004) SEMINAR(AI) -7 Hour National USPAP Update Course#1400(2004) SEMINAR(AI) -Inverse Condemnation(2004) SEMINAR(AI) -Appraiser Independence in the Loan Process(2004) SUMMIT (AI) -Moderator at 2-day Appraisal Summit in Washington,D.C.(12/2004) SEMINAR(AI) -Loss Prevention Program for Real Estate Appraisers(2005) SEMINAR(AI) -Valuation of Wetlands(7/2005) SEMINAR(AI) -Tri-County Residential Symposium(8/2005) SEMINAR(AI) -"Cool Tools"Internet Resources and Use for Valuation(2/2006) SEMINAR(AI) -FREAB 7-Hour National USPAP Update(5/2006) SEMINAR(AI) -FREAB 3-Hour Florida State Law for Real Estate Appraisers(5/2006) SEMINAR(AI) -USPAP Scope of Work&New Requirements(8/2006) SEMINAR(AI) -USPAP Reappraising,Readdressing&Reassigning Appraisal Reports(2/2007) SEMINAR(AI) -Al Summary Appraisal Report/Residential(4/07) COURSE(Fla..) -14-Hour Continuing Education(including 3-Hour Florida Core Law)(7/2007) SEMINAR(AI) -Real Estate Fraud:Appraisers Beware!(8/2007) SEMINAR(AI) - Florida Law for Real Estate Appraisers(11/2007) COURSE(AI) -Business Practices and Ethics—8 hours(12/2007) SEMINAR(AI) -Supervisor Trainee Roles and Rules(2/2008) SEMINAR(AI) -7 Hour National USPAP(4/2008) SEMINAR(AI) -USPAP Hypothetical Conditions&Extraordinary Assumptions(5/2008) SEMINAR(AI) -Litigation Skills for the Appraiser—7-Hour Seminar(9/2008) SEMINAR(AI) -Public Sector Appraising(2/2009) 67 Page 4 of 5 E)EDUCATIONAL BACKGROUND-(Partial List,continued) WEBINAR(AI) -Develop an Effective Marketing Plan(3/2009) SEMINAR(AI) -Inspecting the Residential"Green House"(4/2009) SEMINAR(AI) -Property Tax Assessment(5/2010) SEMINAR(AI) -Supervisor Trainee Roles and Rules(7/2010) SEMINAR(AI) -Florida Law for Real Estate Appraisers(7/2010) SEMINAR(AI) -7-Hour Introduction to Valuation for Financial Reporting—Chicago(5/2009) SEMINAR(AI) -Government Regulations&Their Effect on R.E.Appraising(8/2009) SEMINAR(AI) -R.E.Market:How We Got Here,Where We Are,Where We're Going(10/2009) SEMINAR(AI) -7 Hour National USPAP Update Course(10/1/2010) COURSE (AI) -7 Hour Introduction to Conservation Easement Valuation(12/10/2010) SEMINAR(AI) -The Real Estate Market(2/18/2011) COURSE (AI) - 16 Hours Uniform Appraisal Standards for Federal Land Acquisitions("Yellow Boob')(2/25-26/2011) WEBINAR(AI) -Real Estate Industry Perspectives on Lease Accounting(4/7/2011) COURSE (AI) - 15 Hour Appraisal Curriculum Overview(5/19-20/2011) WEBINAR(AI) -2-hour Investment Property Accounting Standards(6/8/2011) SEMINAR(AI) -3 Hour Spotlight on USPAP—Agreement for Services(7/15/2011) COURSE (AI) - 14 Hours(2-day)Advanced Excel Spreadsheet Modeling for Valuation Applications(9/22&9/23/2011) SEMINAR(AI) - Trial Components(11/4/11) SEMINAR(AI) - Lessons from the Old Economy Working in the New(1/20/2012) 7-Hour USPAP -National USPAP Update(3/9/2012) 3-Hour Fla..Law -State Law Update(3/9/2012) SEMINAR(AI) - Appraisal Review for General Appraisers(4/12/2012) SEMINAR(AI) - Land Valuation(4/20/2012) SEMINAR(AI) - The Valuation of Warehouses(6/22/2012) SEMINAR(AI) - Town Hall Meeting:2012 Appraisal Institute Forum(7/12/2012) SEMINAR(AI) - IRS Valuation(7/19/2012) SEMINAR(AI) - 7 Hour Business Practices and Ethics Course(12/7/2012) SEMINAR(AI) - Real Estate Forecast 2013(1/25/2013) COURSE(AI) - 7 Hour Advanced Marketability Studies(5/6/2013) SEMINAR(AI) - Developing a Supportable Workfile(11/15/2013) SEMINAR(AI) - Florida Appraisal Law Course(2/7/2014) SEMINAR(AI) - Liability Issues for Appraisers performing Litigation&Non-Lending Work(2/24/2014) COURSE(AI) - 7 Hour National USPAP Update Course(4/25/2014) SEMINAR(AI) - Economic Conditions(5/16/2014) SEMINAR(AI) - Fundamentals of Going Concerns(7/16/2014) SEMINAR(AI) - Litigation Assignments for Residential Appraisers(7/24/2014) SEMINAR(AI) - Economic Engines of Miami-Dade County,Florida(1/23/2015) SEMINAR(AI) - Economic Engines Driving Broward County,Florida(5/15/2015) 3-Hour Fla.Law - Florida Real Estate Broker 14-hour Continuing Education Course (incl.3 hour core law)with exam(9/2015) SEMINAR(AI) -Drone Technology&its Effect on Real Estate Valuations(11/2015) SEMINAR(AI) -Loss Prevention for Real Estate Appraisers(1/22/2016) COURSE(AI) -7-Hour National USPAP Update Course(4/22/2016) SEMINAR(AI) -3-Hour Florida Appraisal Law(4/22/2016) SEMINAR(AI) -4-Hour Appraisals in the Banking Environment(5/6/2016) SEMINAR(AI) -Appraising the Tough One:Mixed Use Properties(8/19/2016) SEMINAR(AI) -4-Hour Business Practices&Ethics(12/02/2016)5-Year Requirement WEBINAR(AI) -2-Hour Yellow Book Changes—Overview for Appraisers(1/11/2017) SEMINAR(AI) -3-Hours Economic Engines Driving Broward County in 2017(1/27/2017) COURSE(AI) -7-Hours:Introduction to Green Buildings Principles&Concepts(2/24/2017) COURSE(AI) -4 Hours:Another View of the Tough One:Sales Comparison Approach for Mixed-Use Properties(5/19/2017) SEMINAR(AI) -4 Hours:Appraising for Federal Office of Valuation Services&Yellow Book Review(8/18/2017) COURSE(BR) -14 Hours Real Estate Continuing Education,including 3-Hour Florida Real Estate Core Law(9/13/2017) COURSE(AI) - 4-Hours:2-4 Unit Small Residential Income Property Appraisals(11/3/2017) COURSE(AI) - 15 Hours"Yellow Book"Unifonn Appraisal Standards for Federal Land Acquisitions—Passed Exam(11/10/2017) SEMINAR(AI) - 3 Hours"Hot Topics and Myths in Appraiser Liability"(1/26/2018) COURSE(AI) - 7-Hour National USPAP Update Course(2/9/2018) SEMINAR(AI) - 3 Hours Florida Appraisal Law(2/9/2018) SEMINAR(AI) - 3 Hours"Parking Impact on Florida Properties"(5/4/2018) SEMINAR(AI) - 4 Hours"Technology Tips for Real Estate Appraisers"(9/21/2018) 68 Page 5 of 5 F)APPRAISAL TEACHING EXPERIENCE Licensed by the Florida Department of Education to Teach(Certificate No.275236). Authored and taught Residential and Commercial Real Estate Appraisal Courses for Broward County Adult Education Program. Taught Course 101 - Society of Real Estate Appraisers. Taught Course 201 - Society of Real Estate Appraisers. Taught Appraisal Seminars-Board of Realtors,ASA, SREA,and Al (Appraisal Institute). Adjunct Professor, University of Florida Division of Continuing Education: (taught Course 2, "Real Estate Principles and Practices" to prospective Florida Real Estate Brokers). G)PROFESSIONAL OFFICES HELD/AWARDS NATIONAL B.O.D.MEMBER - BOARD OF DIRECTORS of APPRAISAL INSTITUTE (2006-2008) AWARD - Appraisal Institute`NATIONAL PRESIDENTS AWARD"2008 AWARD - Appraisal Institute"LIFETIME ACHIEVEMENT AWARD"2011 For"high ethical standards,contributions to the Appraisal Institute,Community and Appraisal Profession for at least 20 years." CHAIR - REGION X -All of Florida -Appraisal Institute(2008) VICE-CHAIR - REGION X -All of Florida -Appraisal Institute(2007) THIRD DIRECTOR - REGION X -All of Florida -Appraisal Institute(2006) FINANCE OFFICER - REGION X—All of Florida—Appraisal Institute(2006) PRESIDENT - BROWARD COUNTY,SOCIETY OF REAL ESTATE APPRAISERS PRESIDENT - BROWARD COUNTY,AMERICAN SOCIETY OF APPRAISERS CHAIR - FLA.STATE GOVERNMENT RELATIONS SUBCOMMITTEE OF Al CHAIR - FLA.STATE LEGISLATION&REGULATION SUBCOMMITTEE OF Al G)PROFESSIONAL OFFICES HELD/AWARDS CHAIR - FLORIDA REALTORS COMMITTEE ON COMMITTEE REFORMS CHAIR - EDUCATION COMMITTEE,FT.LAUDERDALE CHAPTER Al CHAIR - CANDIDATES GUIDANCE COMMITTEE,FT.LAUDERDALE CHAPTER Al CHAIR - NATIONAL Valuation for Financial Reporting PROJECT TEAM OF Al VICE CHAIR&MEMBER - NATIONAL GOVERNMENT RELATIONS COMMITTEE OF Al(15 Years) MEMBER - NATIONAL LONG RANGE PLANNING COMMITTEE OF Al MEMBER - NATIONAL PUBLIC AFFAIRS COMMITTEE OF Al DIRECTOR - REGION X(Florida)Appraisal Institute MEMBER - REGION X(FLORIDA)ETHICS AND COUNSELING PANEL DIRECTOR - BROWARD COUNTY,FLORIDA SOCIETY OF REAL ESTATE APPRAISERS DIRECTOR - SOUTH FLORIDA CHAPTER AMERICAN SOCIETY OF APPRAISERS MEMBER - NATIONAL EXPERIENCE REVIEW PANEL MEMBER OF Al SPECIAL MASTER - BROWARD COUNTY BOARD OF TAX ADJUSTMENT COMMISSIONER - 17TH JUDICIAL CIRCUIT COURT,Broward County,FL MEMBER - 2013 APPRAISAL INSTITUTE NATIONAL BUSVAL PROJECT TEAM H)PROFESSIONAL PUBLICATIONS&PRESENTATIONS Wrote and taught a basic Residential Appraisal Course for the Broward County Adult Education Div.of the Dept.of Education; Wrote and taught an Income Appraisal Course for the Broward County Adult Education Division of the Department of Education; Co-authored and taught an appraisal course on Mortgage-Equity Capitalization for the American Society of Appraisers. Authored and taught a Florida State and Appraisal Institute 3-hour accredited course in"The Legislation,Regulation and Appraisal of Real Property Rights in Florida September 7,1996. Presentation on"Gramm-Leach-Bliley"Federal Privacy Act of 1999 for South Florida Chapter of American Society of Appraisers on October 24,2001. Presented 3-hour Florida CEU-credit seminar on"Appraisers and the Gramm-Leach-Bliley Act"before the South Florida Chapter of the Appraisal Institute on July 27,2002. Presenter at 6.5 Hour CLE-credit Attorney Seminar on Florida Eminent Domain,"Valuation and Damage Issues" February 2,2006, Fort Lauderdale,Florida P CIVIC INVOLVEMENT MEMBER OF ROTARY INTERNATIONAL/PAUL HARRIS FELLOW MEMBER OF THE GREATER FORT LAUDERDALE OPERA GUILD MEMBER FLORIDA PHILHARMONIC BROWARD TRUSTEES MEMBER OF THE BROWARD COUNTY LIBRARY SUPPORT GROUP("BYBLOS") MEMBER CIRCLE OF FRIENDS—NOVA SOUTHEASTERN LIBRARY FOUNDATION MEMBER NOVA SOUTHEASTERN UNIVERSITY ALUMNI ASSOCIATION MEMBER OF THE FORT LAUDERDALE HISTORICAL SOCIETY MEMBER OF THE BROWARD COUNTY MUSEUM OF THE ARTS MEMBER OF THE FORT LAUDERDALE/BROWARD COUNTY CHAMBER OF COMMERCE MEMBER OF THE BETTER BUSINESS BUREAU OF SOUTH FLORIDA LIFETIME HONORARY MEMBER FLORIDA SHERIFF'S ASSOCIATION MEMBER NATIONAL&FT.LAUDERDALE COUNCILS U.S.NAVY LEAGUE U.S.ARMY VETERAN WWII(RA 1721268 1)-HONORABLE DISCHARGE 1949 69 I of 5 Vance Beal Estate Service ir 01% Claudia Vance, MAI Appraiser - Real Estate Analyst Reviewer Vance Real Estate Service - 7481 NW 4 Street Plantation - FL - 33317 Office: 954.583.2116 Cell: 954.647.7148 Email: vanceval ,att.net Web Site:www.vancerealestateservice.com Vance Real Estate Service is a Veteran-Owned Small Business (VOSB) and Florida Certified SDVBE Minority Business Enterprise specializing in personalized real estate valuation services in Florida for over 35 years. Designated appraisers perform the appraisal work,no trainees. Our appraisals are used for financial/mortgage loan purposes from large mixed use complexes to small owner-occupied properties. We have the qualifications for appraisals submitted to SBA. Jesse B.Vance,Jr.,MAI, SRA,ASA and Claudia Vance,MAI are qualified as expert witnesses for eminent domain,deficiency judgments,marriage dissolution,and estates. Our firm values most types of real property interests,timely,professionally,and at competitive costs. PROFESSIONAL QUALIFICATIONS A)PROFESSIONAL DESIGNATIONS/LICENSES MAI Designation- APPRAISAL INSTITUTE No.9451 State-Certified General Real Estate Appraiser No.RZ-173 Florida State Licensed Real Estate Broker No.BK 0161305 VOSB Veteran-Owned Small Business(CCR/Duns 826494957) B)WORK HISTORY 1983-Current Vice President-Vance Real Estate Service 1981-1983 President-The Appraisal Company,Fort Lauderdale,Florida 1979-1981 Staff Appraiser -Real Property Analysts,Inc.,Fort Lauderdale,Florida 1976-1980 REALTOR-Associate-The Atwood Corporation,Fort Lauderdale,Florida 1973-1975 Teacher of Secondary Language Arts in the Jefferson Parish School in Louisiana C)QUALIFIED AS AN EXPERT WITNESS IN REAL ESTATE VALUATION U.S.Bankruptcy Court,Southern District of Florida Florida Circuit Court:Broward County D)APPRAISER SPECIAL MAGISTRATE FOR THE BROWARD CO VALUE ADJUSTMENT BOARD 2002-2010 E)EXPERIENCE:35+years appraising and analyzing real property interests in South Florida Partial list of real property types valued: High value residences,Condominiums/Co-operatives,Office,Industrial,Multi-family,Restaurants/bars,Auto dealerships,City Centers, Hotels/motels, Houses of worship, Schools, Child care centers, Self-storage, Funeral home, Animal Hospital, Mixed use,Nursing homes, Gas sales stations,Marinas,Mobile home parks, Shopping centers, Country clubs/golf courses, Financial institutions,Bowling centers,Vacant land, Agricultural properties,Environmentally sensitive land Types of Reports: Market Value, Eminent Domain, Marketability, Feasibility, Highest and Best Use, Investment Analyses, Partial Interests, Easement Valuations,Estate planning,Marriage dissolution,Land use studies,Damage/Contamination studies 70 2 of 5 F)PARTIAL LIST OF CLIENTS— PRIVATE: Individuals,Corporations,Attorneys,Accountants,Habitat for Humanity,Seminole Tribe of Florida COMMERCIAL BANKS: Wells Fargo; BankAtlantic; SunTrust Citigroup; Space Coast Credit Union; State Farm Bank; Florida Shores Bank;American National Bank;Landmark Bank;City National Bank;Englewood Bank&Trust SAVINGS & LOANS, INSURANCE COMPANIES, REAL ESTATE INVESTMENT TRUSTS, & REAL ESTATE TRANSFER COMPANIES,TITLE INSURANCE COMPANIES FLORIDA CITIES: Fort Lauderdale, Plantation, Cooper City, Deerfield Beach, Tamarac, Oakland Park, Wilton Manors, Davie,Hollywood,Pembroke Pines,Hallandale Beach,Lauderhill, Southwest Ranches,Miramar,Boca Raton,Boynton Beach, West Palm Beach,Delray Beach FLORIDA COUNTIES and AGENCIES: Broward,Palm Beach,Broward County Board of County Commissioners,School Board of Broward County,Broward County Housing Authority STATE OF FLORIDA Department of Transportation(FDOT),Department of Environmental Protection U.S.Department of Veterans Affairs,U.S.Department of Treasury(IRS),U.S Marshall's Service,U.S.Attorney G)EDUCATIONAL BACKGROUND Academic: Bachelor of Arts Degree—University of New Orleans,New Orleans,LA—Major: English Professional: Course 1-A (AIREA)- Introduction to Appraising Real Property,1977,Passed Exam Course 1-B (AIREA)- Capitalization Theory and Techniques,1978,Passed Exam Course VIII(AIREA)- Residential Appraising,1978,Passed Exam Course SPP (AI) - Standards of Professional Practice,1992,Passed Exam Course 2-1 (AIREA)- Case Studies,1987,Passed Exam Course 2-2 (AIREA)- Report Writing,1987,Passed Exam Course R-2 (SREA) - Report Writing,1978,Passed Exam Course 202 (SREA) - Applied Income Property Valuation,1983,Passed Exam Course 301 (SREA) - Applications/Appraisal Analysis, 1984,No Exam Course SPP (SREA) - Standards of Professional Practice,1989,No Exam Symposium (SREA)- Market Analysis,1983,Philadelphia Symposium (SREA)- Market Analysis,1984,Atlanta Symposium (SREA)- Market Analysis,1985,Vancouver Symposium (SREA)- Market Analysis,1986,Atlantic City Symposium (SREA)- Market Analysis,1988,Los Angeles SEMINAR (AI) - Cost Approach(1992/Boston) SEMINAR (AI) - Rates&Ratios(1992/Boston) SEMINAR (AI) - International Appraising(1992/Boston) SEMINAR (AI) - Litigation Valuation/Mock Trial(1993) SEMINAR (AI) - ADA ACT(1993/Reno) SEMINAR (AI) - Hotel Valuation(1993) SEMINAR (AI) - Income Capitalization,Methods(1993) SEMINAR (AI) - Powerlines/Electromagnetic Radiation(1994) SEMINAR (AI) - Verifying Market Data(1994) SEMINAR (AI) - Market Studies for Appraisals(1994) SEMINAR (AI) - Florida Appraiser Core Law(USPAP/1994) SEMINAR (AI) - Limited Appraisals&Reports(USPAP/1994) SEMINAR (AI) - Public Safety&Property Values(1995) SEMINAR (AI) - Outparcel Valuation(1995) SEMINAR (AI) - Computer Technology Video Conference(1995) SEMINAR (AI) - The Interact&the Appraiser(1996) SEMINAR (AI) - Florida Commercial Construction(1996) SEMINAR (AI) - 1996 Data Exchange(1996) SEMINAR (AI) - Real Property Rights in Florida(1996) COURSE (AI) - USPAP&Florida Real Estate Core Law(1996) SEMINAR (AI) - Valuation of Trees(1997) 71 3 of 5 G)EDUCATIONAL BACKGROUND(Continued) SEMINAR(AI) - Valuation of Transferable Development Rights[TDR's] (1997) COURSE (AI) - Standards of Professional Practice,Part C,15 hour Course#430(1997) SEMINAR(AI) - Non-Conforming Uses(1998) SEMINAR(AI) - The Impact of Contamination on Real Estate Value(1998) COURSE (AI) - USPAP&Florida Real Estate Core Law(1998) SEMINAR(AI) - Econometrics/Statistical Valuation Methods(1999) SEMINAR(AI) - Globalization of Real Estate/RThat U.S.Appraisers Need to Know(1999) SEMINAR(AI) - The Role of the Appraiser in Alternative Dispute Resolution(Mediation/Arbitration)(1999) SEMINAR(AI) - Technology Forum Part II/Intermediate(1999) SEMINAR(AI) - Client Satisfaction/Retention/Development(1999) SEMINAR(AI) - Attacking and Defending an Appraisal(1999) SEMINAR(AI) - Federal Appraisal Requirements(2000) SEMINAR(AI) - Regression Analysis in Appraisal Practice:Concepts&Applications(2000) SEMINAR(AI) -Analyzing Income Producing Properties(2000) COURSE (AI) -USPAP&Florida Real Estate Core Law(2000) SEMINAR(AI) - Mediation&Alternate Dispute Resolution Seminar(2001) SEMINAR(AI) - State of the Appraisal Profession(2001) 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SEMINAR(Al) -Another View of the Tough Ones(2017) SEMINAR(Al) -Appraising for the Office of Valuation Services,Department of the Interior(2017) SEMINAR(Al) -Case Studies in Appraising Green Residential Buildings&passed exam(2017) SEMINAR(Al) -Uniform Appraisal Standards for Federal Land Acquisitions&passed exam(2017) SEMINAR(Al) -Hot Topics&Myths in Appraiser Liability(2018) COURSE(Al) -7 Hour National USPAP Update(2018) SEMINAR(Al) -Florida Law(2018) SEMINAR(Al) -Parking&Its Impact on Florida Properties(2018) SEMINAR(Al) -What's New in Residential Construction(2018) SEMINAR(Al) -Valuation Resources for Solar Photovoltaic Systems(2018) H)PROFESSIONAL INVOLVEMENT Region X Representative of the Appraisal Institute 2006—2009 President of the South Florida Chapter of the Appraisal Institute-2003 First Vice-President of the South Florida Chapter of the Appraisal Institute-2002 Second Vice-President of the South Florida Chapter of the Appraisal Institute-2001 Secretary of the South Florida Chapter of the Appraisal Institute-2000 Treasurer of the South Florida Chapter of the Appraisal Institute-1999 Chair of the Education Committee of the S.Florida Chapter of the Appraisal Institute-1995,1996,1997,1998,2007-2018 Chair of the University Relations Committee of the South Florida Chapter of the Appraisal Institute-2006 Director of the South Florida Chapter of the Appraisal Institute 1996- 1998 Member of Region X(Florida)Ethics and Counseling Panel—Al Graduate of the Florida REALTORS Institute(GRI) Director of the Florida Association of REALTORS (FAR)-1981 Committee Member of the Florida Association of REALTORS,Education Committee 1980&1981 Chairman of the Education Committee of the Fort Lauderdale REALTORS- 1981 and 1982; Member 1978,1979, 1980 Member of the Long Range Planning and Awards Committees of the Fort Lauderdale REALTORS Instructor for the Investment Division of the Fort Lauderdale REALTORS 73 5 of 5 D PROFESSIONAL PUBLICATIONS&PRESENTATION Prepared and taught Mastering Real Estate Mathematics at the Fort Lauderdale Area Board of REALTORS Prepared and taught A Guide to Researching Real Estate Information in Broward County and Working Through the Basic Approaches to Market Value, Fort Lauderdale Area Board of REALTORS .n CIVIC INVOLVEMENT Member of the Navy League of the United States—Fort Lauderdale Council Lifetime Honorary Member-Florida Sheriff s Association Member of Zeta Tau Alpha Alumnae Fraternity 74 APPRAISAL REPORT SINGLE FAMILY RESIDENCE 115 NORTHEAST 4 AVENUE BOYNTON BEACH,FLORIDA 33435 by Vance Real Estate Service 7481 Northwest Fourth Street Plantation,Florida 33317-2204 for Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, FL 33435 June 28, 2017 Vance Real Estate Service sf, June 28 2017 = t E t`,'ic'{{ti{cif{�i`°t {ittt`'{tistV� Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, FL 33435 i i RE: Single family residence, 115 NE 4 Avenue, Boynton Beach, FL 33435 (Legal description is in the report) Ladies and Gentlemen: In fulfillment of our agreement, we transmit our Appraisal Report, in which we develop an opinion of market value for the fee simple estate in the referenced real property as of June 28, 2017. The report sets forth our value conclusion, along with data and reasoning supporting our opinion. This report was prepared for and our professional fee billed to Boynton Beach Community Redevelopment Agency. Our analyses have been prepared in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP 2016-2017). This report is for possible acquisition of the appraised property. ! Jesse B. Vance, Jr. and Claudia Vance visited the property. If you have questions or further needs, please contact the undersigned. As a result of our analyses, we have developed the following opinion of the market value of the appraised property, subject to definitions, certifications, and limiting conditions set forth in the attached report. ONE HUNDRED SEVENTY THOUSAND DOLLARS $170,000 I (THIS LETTER MUST REMAIN ATTACHED TO THE REPORT WTH SIXTY-EIGHT(68)NUMBERED PAGES FOR THE VALUE OPINION SET FORTH TO BE CONSIDERED VALID.) Respectfully submitted, Jesse B. Vance, Jr., MAI, SRA, ASA State-Certified General Real Estate Appraiser RZ-85 Claudia Vance, MAI State-Certified General Real Estate Appraiser RZ-173 MBA REAL ESTATE MANAGEMENT AND DEVELOPMENT 7481 Northwest 41h Street,Plantation,FL 33317-2204 954/583-2116 -- TABLE OF CONTENTS Pate Number Title Page i Letter of Transmittal ii Table of Contents iii INTRODUCTION P otograp s o Subject t eProperty 5 1-3-5 Mile Location Map 9 1-3-5 Mile Summary of Demographic Statistics 10 Summary of Important Facts and Conclusions 12 DESCRIPTIONS ANALYSES & CONCLUSIONS I entity of Client and Intended User 14 Intended Use 14 Identification of Real Estate Appraised 14 Ownership 14 Property Address and Legal Description 14 Real Estate Tax Analysis 15 Market Area Description 15 Zoning 20 Site Description 21 Building Description 21 Real Property Interest Appraised 23 Appraisal Purpose and Definition of Market Value 23 Effective Dates of the Appraisal and Report 24 Scope of the Work 24 Summary of Information Considered 25 Property History 25 Highest and Best Use 26 SALES COMPARISON APPROACH Improved Sales es Location Map 30 Improved Sales Documentation 31 Improved Sales Comparison & Adjustment Chart 37 Valuation by Sales Comparison 38 FINAL VALUE OPINION 42 Certification and Limiting Conditions 44 ADDENDA Acquiring deed 47 Building sketch 49 Copy of"R-2" Zoning Ordinance 50 USPAP Standards Rule 2-2a 58 Qualifications of the Appraisers 60 INTRODUCTION a µ Looking North @ Front of Subject Residence East Fenced Side of Subject Lot 7 75 a _ w4 9M�4 _ `i �� ` n Wig; `u' ,�`" - AIM North Fenced Side of Subject Lot West Fenced Side of Subject Lot Front Elevation showing Storm Shutters East Building Elevation Showing New Siding IF OF r As North Fenced Yard South Building Elevation with Extension PHOTOS OF THE APPRAISED PROPERTY 115 NE 4t"Avenue,Boynton Beach,Florida 5 wf� f�i3I { f ?�f�a Looldng South @ Building West Elevation Building Entry _ w zzC Living Area Enclosed Front Porch Area i p 5 � ti l�. .p{ � v 411 : One of two bathrooms Remodeled Kitchen htn 01 r q , § kill, t+ 2°d View of Kitchenibreakfast eating area Laundry Room ADDITIONAL SUBJECT PHOTOS 6 I z - l� `k Kl �k h f {{ I } One of two bedrooms 2ud Bedroom M �Vy C�.l �a 1,01,0\11 - s k5 ( 1 p a East Porch area used as bedroom 2ud Bathroom - ir<< d i ,. �.� .y tax t {} �•� � � r x� Iv ipY �I r� 4 IL— NE 4th Avenue Looking East NE 4th Avenue Looking West ADDITONAL PHOTOS OF THE SUBJECT AND ENVIRONS 7 l s 5 � 1 j 1S � I 44 s 4 t� 00 All �4 4 l > 4 it IM 'C'A At isl 7-ter tAt ;$Pi ,t{�i 41n S. a"`A�18;sa��caS�Ns "`;�`'' hrt�83sa�arsSN 44: ty 4%7 It -ii 41 Ll t@ t iil444S e iSSt`� IN 4 � n �i 4 �aLakevcsrth �j yak ,,, r'�� :�,b�k�a rda [srrtdcr Worth a Mel are g,CA LA arYtl3 rt ; Palm L an tanak RW � _. ;.... � 6i�� � �,�� `, Beach 1 �� S�a5ll�rolo ,I Manal span Manorantana � s' 5 ' luxo Rd �! Y uax.Rd Voltia€d. el p i rolinw Rd 14 MGot-Amy Blvd dk` 4 4 ' Ocean 01 Boynton Ram Fittf�e 9narah�wanton Iii ,rh 44 �.�...� yr [t.ec �ll Bo nin i l'1 tali Briny Breezes � # ,{ u L. i da F � ''G aIT m b+uaSr fi 1-I}ra ts R€oa Piet IA i� a High DeIcay } Villages Poi rit Beach s of Oriole I 80, 3 it STI tfaa4v Ave ! ; 'y ATA onto Ave —:i sl;'E. 7rr to Kinn T; tlrtll.i yi,' r Point u4 Itth 91 L„EIonBlvd �wJil� t -R Highland Beach 9 • Gesn" BBCRA 115 NE 4 Avenue VANCE REAL ESTATE SERVICE 115 NE 4th Ave, Boynton Beach, Florida, 33435 Rings: 1, 3, 5 mile radii 1 mile 3 miles 5 miles Population 2000 Population 13,790 70,315 159,246 2010 Population 13,664 79,195 177,860 2016 Population 15,200 85,542 188,060 2021 Population 16,483 91,262 198,784 2000-2010 Annual Rate -0.09% 1.20% 1.11% 2010-2016 Annual Rate 1.72% 1.24% 0.90% 2016-2021 Annual Rate 1.63% 1.30% 1.12% 2016 Male Population 48.9% 47.7% 47.8% 2016 Female Population 51.1% 52.3% 52.2% 2016 Median Age 39.7 43.9 46.4 In the identified area, the current year population is 188,060. In 2010, the Census count in the area was 177,860. The rate of change since 2010 was 0.90% annually.The five-year projection for the population in the area is 198,784 representing a change of 1.12% annually from 2016 to 2021. Currently, the population is 47.8% male and 52.2%female. Median Age The median age in this area is 39.7, compared to U.S. median age of 38.0. Race and!Ethnicity 2016 White Alone 41.7% 61.8% 66.2% 2016 Black Alone 51.6% 29.9% 25.1% 2016 American Indian/Alaska Native Alone 0.4% 0.3% 0.3% 2016 Asian Alone 0.9% 2.0% 2.3% 2016 Pacific Islander Alone 0.0% 0.0% 0.0% 2016 Other Race 3.1% 3.4% 3.6% 2016 Two or More Races 2.4% 2.6% 2.5% 2016 Hispanic Origin (Any Race) 13.0% 16.3% 16.9% Persons of Hispanic origin represent 16.9% of the population in the identified area compared to 17.9% of the U.S. population. Persons of Hispanic Origin may be of any race.The Diversity Index, which measures the probability that two people from the same area will be from different race/ethnic groups, is 63.9 in the identified area, compared to 63.5 for the U.S. as a whole. Households 2000 Households 4,964 30,773 69,754 2010 Households 4,902 34,074 76,650 2016 Total Households 5,466 36,554 80,253 2021 Total Households 5,931 38,887 84,463 2000-2010 Annual Rate -0.13% 1.02% 0.95% 2010-2016 Annual Rate 1.76% 1.13% 0.74% 2016-2021 Annual Rate 1.65% 1.25% 1.03% 2016 Average Household Size 2.78 2.31 2.32 The household count in this area has changed from 76,650 in 2010 to 80,253 in the current year, a change of 0.74% annually. The five-year projection of households is 84,463, a change of 1.03% annually from the current year total. Average household size is currently 2.32, compared to 2.30 in the year 2010.The number of families in the current year is 46,374 in the specified area. Data Note:Income is expressed in current dollars Source:U.S. Census Bureau,Census 2010 Summary File 1. Esri forecasts for 2016 and 2021. Esri converted Census 2000 data into 2010 geography. June 26, 2017 10 • Gesn" BBCRA 115 NE 4 Avenue VANCE REAL ESTATE SERVICE 115 NE 4th Ave, Boynton Beach, Florida, 33435 Rings: 1, 3, 5 mile radii 1 mile 3 miles 5 miles Median Household Income 2016 Median Household Income $40,663 $46,278 $49,473 2021 Median Household Income $47,131 $53,280 $55,916 2016-2021 Annual Rate 3.00% 2.86% 2.48% Average Household Income 2016 Average Household Income $59,630 $66,068 $71,794 2021 Average Household Income $65,694 $72,697 $79,304 2016-2021 Annual Rate 1.96% 1.93% 2.01% Per Capita Income 2016 Per Capita Income $22,999 $28,930 $31,004 2021 Per Capita Income $25,376 $31,660 $34,037 2016-2021 Annual Rate 1.99% 1.82% 1.88% Households by Income Current median household income is$49,473 in the area, compared to $54,149 for all U.S. households. Median household income is projected to be $55,916 in five years, compared to $59,476 for all U.S. households Current average household income is$71,794 in this area, compared to $77,008 for all U.S. households. Average household income is projected to be $79,304 in five years, compared to $84,021 for all U.S. households Current per capita income is $31,004 in the area, compared to the U.S. per capita income of$29,472. The per capita income is projected to be $34,037 in five years, compared to $32,025 for all U.S. households Housing 2000 Total Housing Units 5,772 36,939 83,024 2000 Owner Occupied Housing Units 3,249 22,321 53,024 2000 Renter Occupied Housing Units 1,714 8,452 16,731 2000 Vacant Housing Units 809 6,166 13,269 2010 Total Housing Units 6,179 43,418 95,115 2010 Owner Occupied Housing Units 3,085 22,155 54,101 2010 Renter Occupied Housing Units 1,817 11,919 22,549 2010 Vacant Housing Units 1,277 9,344 18,465 2016 Total Housing Units 6,911 46,341 99,774 2016 Owner Occupied Housing Units 3,036 21,480 52,235 2016 Renter Occupied Housing Units 2,430 15,074 28,018 2016 Vacant Housing Units 1,445 9,787 19,521 2021 Total Housing Units 7,481 48,840 104,552 2021 Owner Occupied Housing Units 3,204 22,460 54,331 2021 Renter Occupied Housing Units 2,727 16,427 30,132 2021 Vacant Housing Units 1,550 9,953 20,089 Currently, 52.4% of the 99,774 housing units in the area are owner occupied; 28.1%, renter occupied; and 19.6% are vacant. Currently, in the U.S., 55.4% of the housing units in the area are owner occupied; 32.9% are renter occupied; and 11.7% are vacant. In 2010, there were 95,115 housing units in the area - 56.9% owner occupied, 23.7% renter occupied, and 19.4% vacant. The annual rate of change in housing units since 2010 is 2.15%. Median home value in the area is$191,075, compared to a median home value of$198,891 for the U.S. In five years, median value is projected to change by 3.13% annually to$222,902. Data Note:Income is expressed in current dollars Source:U.S. Census Bureau,Census 2010 Summary File 1. Esri forecasts for 2016 and 2021. Esri converted Census 2000 data into 2010 geography. June 26, 2017 11 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS PROPERTY APPRAISED: Single family residence 115 Northeast 4 Avenue Boynton Beach, FL 33435 OWNERSHIP: Valrie Brown McIntosh 115 Northeast 4 Avenue Boynton Beach, FL 33435 LAND AREA: 5,000 square feet IMPROVEMENTS: Single family residence containing 1,134 square feet of building area, constructed in 1930. There are three bedrooms and two bathrooms, and no enclosed car storage structure. ZONING: "R-2", Single and two-family residential district in the city of Boynton Beach APPRAISAL PURPOSE: To develop an opinion of market value INTEREST APPRAISED: Fee simple CURRENT USE: Single family residence HIGHEST AND BEST USE: As vacant: Single family residence As improved: Single family residence VALUE BY THE SALES COMPARISON APPROACH: ONE HUNDRED SEVENTY THOUSAND DOLLARS 170 000 VALUATION DATE: June 28, 2017 Exposure Time: 6 months prior to selling at the appraised value 12 DESCRIPTIONS, ANALYSES, CONCLUSIONS APPRAISAL REPORT This is an APPRAISAL REPORT that complies with Standard Rule 2-2(a) of the Uniform Standards of Professional Appraisal Practice (USPAP 2016 - 2017) 2-2(a)(i) State the identity of the client and any intended users, by name or type; The client and intended user of this report is the Boynton Beach Community Redevelopment Agency. 2-2(a)(ii) State the intended use of the appraisal; The intended use of the appraisal is for possible acquisition of the appraised property. Any other use is not intended. 2-2(a)(iii) Summarize information sufficient to identify the real involved in the appraisal, including the physical, legal and economic property characteristics relevant to the assignment; Owner: Valrie Brown McIntosh 115 Northeast 4 Avenue Boynton Beach, FL 33435 Property Address: 115 Northeast 4 Avenue Boynton Beach, FL 33435 Legal Description: East 50 feet of the south 100 feet of Lot 5, Block 3, SHEPARD ADDITION TO BOYNTON, Plat Book 2, page 59, Palm Beach County, FL Census Tract No. 61 14 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Real Estate Tax: Parcel Control Number: 08 43 45 2129 003 0052 Land Value: $12,613 Improvement Value: 61,246 Total Value: $73,859 Assessed Value: $44,665 Taxable Value: $19,665 Ad Valorem Tax: $ 429 Non Ad Valorem Tax: $ 270 Total Tax: $ 699 There is a homestead exemption on this property. Properties are assessed in arrears by the county property appraiser. The tax bill is issued in November and a 4% discount is given to a tax payer if the amount is paid in November. The discount diminishes until March, when the tax is due and payable. Market Area Description: Boundaries and Market Composition & Transportation Infrastructure The general market area is the City of Boynton Beach in eastern-central Palm Beach County. Population of the city is about 72,000 residents; land area of the municipality is about 16 square miles situated between Delray Beach on the south and Lake Worth on the north. The town was named for an early developer, Nathan Boynton, a former major in the Union Army in the Civil War. The city was founded in 1898 and incorporated in 1920. Most of the original buildings were destroyed in the hurricane of 1926, though a few remain. 15 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Others which were constructed in the early 1920's are still in use with repairs and replacements over the decades. Time and economic trends take a toll on properties; thus, in 1984 a redevelopment plan was adopted for the Community Redevelopment Area (CRA) in the city. It covers 1,650 acres in the central part of the municipality west of the Intracoastal Waterway. One of the districts in the CRA is the immediate subject market area known as the Heart of Boynton (HOB), containing 380 acres. This area is the historic, older part of the CRA, with the following boundaries: Boynton Beach Canal (C-16) on the north, Florida East Coast (FEC) Railroad on the east, Interstate 95 on the west, and jagged line a few blocks north of Boynton Beach Boulevard as the south boundary, at about NE 3 Avenue. Agriculture and farming had been important activities in past centuries in Boynton Beach. Commerce came to the area when Henry Flagler extended the Florida East Coast Railway from West Palm Beach to Miami in 1896. The railroad was the main mode of transportation to bring visitors and manufactured products to the city as well as transporting produce grown in the vicinity out of the area to other cities in the southeastern United States. Boynton Beach Boulevard is the principal east-west artery in the subject market area, having an interchange with Interstate 95 on the west side of the neighborhood. The boulevard continues west through Palm Beach County to its terminus at State Road 7/ U S Highway 441. Two miles east of State Road 7, it has an interchange with Florida's Turnpike. Boynton Beach Boulevard commences on the east at U S Highway 1, just to the east of the FEC Railroad. U S Highway 1 is the main north-south artery through eastern Palm Beach County and extends along the eastern seaboard of the United States. Seacrest Boulevard is a main north-south artery through the City of Boynton Beach and south into Delray Beach. Martin Luther King, Jr. Boulevard is an east-west thoroughfare through the Heart of Boynton. The immediate subject market area is easily accessible by main roads and Interstate 95. 16 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Property types in the Heart of Boynton are smaller commercial establishments along the main roads, light industrial close to the FEC Railroad, municipal facilities, single family residential, small multi-family dwellings, a few apartment buildings and places of worship. As mentioned, some structures date back to the 1920's, but most which are still usable were built in the mid-twentieth century. Municipal facilities in the immediate subject market area include parks, two elementary schools and a community center. Recent projects implemented in the Heart of Boynton are: • Seacrest Boulevard Streetscape • Carolyn Sims Center • Ocean Breeze West - 21 homes joint venture with Habitat for Humanity • Construction of single family residences on Martin Luther King, Jr. Boulevard Future projects are: • Revitalization of Martin Luther King, Jr. Boulevard and surroundings • Redevelopment of the Public Works site • Establishment of mixed use districts of residential and commercial • Expansion of light industrial near the FEC Railroad • Widening and extension of NW 11 Avenue, west of Seacrest Boulevard. Population Trends The demographic survey in the beginning of the report of 1, 3, and 5 mile radial circles from the appraised property shows the median household income for 2016 in the one-mile radius is $40,663, for three miles it is $46,278, and $49,473 for the five mile circle. All are lower than the median household income for Palm Beach County of $54,400, even though the east part of the circles includes the residents all the way to the Atlantic Ocean. 17 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) In the one-mile circle, population is 15,200. In three miles, population increases to 85,542; at five miles, it is 188,060. However, about one-third of the three and five mile circles are over the Atlantic Ocean. Annual growth rate is anticipated to be 1.12% to 1.63% in the three circles during the next five years as the economy and job market improves in South Florida, and new multi-family residential complexes are constructed. 52% of the housing units are owner occupied, with 28% rented. The percentage of renters is higher in this market because many of the single family houses are owned by investors who purchased them after the economic crash in 2008. Vacancy is reported to be 20%; however, this amount is high due to the undercount of the other two categories. Median home value in the five-mile area is $191,075, including the highly priced homes fronting the Atlantic Ocean and Intracoastal Waterway, compared to median home value of$198,891 in the United States. The life cycle stage of the market area is stability, a period of equilibrium without marked gains or losses, after a period of decline. The purpose of the Heart of Boynton Community Redevelopment Plan is to revitalize the market area with new housing options and business opportunities. There are examples of new houses along Martin Luther King, Jr. Boulevard, with more planned in the immediate vicinity. Economic Trends During 2005-2006, the subject market area was experiencing a rise in property prices due primarily to the availability of financing with adjustable rate mortgages. Interest rates adjusted upward, but rental rates of multi-family properties did not. For single family residences, interest rates on mortgages adjusted upward, but homeowners' incomes did not increase. Scenarios were the same for many property types, all with the same result of owners' inability to make the payments and mortgages foreclosed. This situation was exacerbated by the economic crash in late 2008, followed by the Great Recession. The foreclosure cycle appears to be near the end. Currently, sales are between individuals or investors who previously purchased the properties from foreclosing lenders and private parties who will reside in the properties or hold them in their investment portfolios. 18 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Third parry lenders are providing financing to investors and residents, at high loan to price ratios. Sale prices for single-family residences in the subject market area and close vicinity are in the range of $85,000 to $180,000, depending on building size, age and condition. Price range for multi-family dwellings are from about $50,000 to $100,000 per unit based on the same factors. Land unit prices are from about $4.00 to $7.00 per square foot. Family Dollar Store is an addition to the subject market area; it consists of an 8,100 square foot commercial building at the southeast corner of the signalized intersection of Martin Luther King, Jr. Boulevard and North Seacrest Boulevard. More revitalization in the CRA is taking place along US Highway 1, in the southern part of the corridor near Ocean Avenue and Boynton Beach Boulevard with projects such as 500 Ocean, with 341 residential units, 13,500 square feet of retail space and 6,000 square feet of office. Ocean One at 114 N Federal Highway is planned for 358 apartments, 12,075 square feet of retail, 120 hotel room and 439 parking spaces. Conclusion The immediate subject market area of the Heart of Boynton (HOB) has the components of an appealing neighborhood with schools, parks and recreation. HOB is easily accessible by main roads and Interstate 95. Goods and services are nearby on Boynton Beach Boulevard and U S Highway 1. With the involvement of the City of Boynton Beach and the Community Redevelopment Agency, Heart of Boynton Community Redevelopment Plan can continue to succeed in revitalizing the area. Land Use: Current land use is Medium Density Residential, maximum density 9.58 dwelling units per acre Recommended Land Use is High Density Residential, with a density of 11 dwelling units per acre in multi-story structures. Greater density increases the production of the land. 19 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Zoning: "R-2", Single and Two-family Residential District with the purpose to implement the medium density residential future land use map classification of the comprehensive plan. The intent of the district is to stabilize and protect existing residential neighborhoods with density no greater than 10 dwelling units per acre, and allow limited types of non-residential uses. Minimum lot area is 4,500 square feet per unit for a duplex; minimum lot frontage is 75 feet. However, there is a provision for a site with two lots platted prior to the enacting of the current zoning regulation to be improved with a duplex. Single family dwellings shall be constructed on lots that are no less than 6,000 square feet with a width of at least 60 feet and follow the building and site regulations of the "R-1", Single Family District. Excerpts from the zoning codes are in the Addenda. The appraised site is part of a lot from a plat that dates back to the 1920s, prior to the current code. The subject's size and width are sub-standard, most probably making it a legal non-conformity. Since the site was established prior to the current code, it most likely could be improved with a single family residence, following the regulations of the "R-1" district. However, determination of use and non- conformities of the site are made by Boynton Beach City officials. Parking: Two parking spaces are required for a single family residence. There is driveway covered with pavers on the east side of the site to accommodate two parking spaces. 20 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Site Description: The shape of the site is rectangular. Approximate dimensions and size are from public records. North boundary on adjacent property: 50.00 feet East boundary on adjacent property: 100.00 feet South boundary NE 4 Avenue: 50.00 feet West boundary on adjacent property: 100.00 feet Total: 5,000 square feet or 0.1148 of an acre Utilities: All utilities are available to the site. Access: The site is accessible via NE 4 Avenue, a two-laned, local road with streetlights, but no sidewalks. Easements: Easements are not noted on original plat. If they exist, utility easements would be most probably be around the perimeter of the lot. Encroachments: There is no sketch of survey to review to note if there are encroachments. Improvement Description: The appraised improvement is a one-story, single family residence containing 1,134 square feet of enclosed area, constructed in 1930. Building sketch is in the Addenda. The interior is divided into the following areas: living room, dining area, kitchen, three bedrooms, two bathrooms and laundry area. Originally, there were only two bedrooms and one bathroom. After the purchase of the property in 2013, the owner converted the front porch into a bedroom and the rear porch into the laundry area and bathroom. 21 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Modifications to the house after purchase included: • New central climate control system • Renovated bathrooms • Renovated kitchen with new cabinetry, counter top & appliances • New flooring in some area and refinished wood flooring in others • New site improvements including pavers, irrigation system, fencing & landscaping • Conversion of the front porch to a bedroom Estimated cost was $25,000. The refurbishing extended the useful life of the property. Construction details are: Historical Age: 87 years Condition: Good to average for its age Foundation: Stem wall over concrete footings Exterior Walls: Wood frame covered with vinyl siding Floors: Original wood refinished and laminate flooring Interior Walls: Wall board over wood Roof System: Gable covered with metal sheeting Windows: Aluminum awning windows with storm shutters HVAC: Central system Plumbing: Kitchen, two bathrooms and laundry area 22 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Site Improvements: Concrete paving and pavers for car storage, vinyl fence and gate, irrigation system, sod, shrubs and trees Environmental Assessment: No assessment was available for review. 2-2(a)(iv) State the real property interest appraised; A person who owns all the property rights is said to have fee simple title. A fee simple title implies absolute ownership unencumbered by any other interest or estate. Partial interests in real estate are created by selling, leasing, et cetera. Partial estates include leased fee and leasehold estates. The interest appraised is fee simple. 2-2(a)(v) State the type and definition of value and cite the source of the definition; The purpose of the appraisal is to develop an opinion of market value of the subject property as of June 28, 2017. MARKET VALUE: a type of value, stated as an opinion, that presumes the transfer of a property (i.e., a right of ownership or a bundle of such rights), as of a certain date, under specific conditions set forth in the definition of the term identified by the appraiser as applicable in an appraisal. The conditions included in market value definitions establish market perspectives for development of the opinion. These conditions may vary from definition to definition but generally fall into three categories: 1. the relationship,knowledge, and motivation of the parties(i.e.,seller and buyer); 2. the terms of sale(e.g.,cash,cash equivalent,or other terms);and 3. the conditions of sale(e.g., exposure in a competitive market for a reasonable time prior to sale). 23 APPRAISAL REPORT (continued) Market value appraisals are distinct from appraisals completed for other purposes because market value appraisals are based on a market perspective and on a normal or typical premise. These criteria are illustrated in the following definition of Market Value*, provided here only as an example. Market value means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. buyer and seller are tvpically motivated 2. both parties are well informed or well advised and acting in what they consider their own best interests; 3. a reasonable time is allowed for exposure in the open market; 4. payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and S. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. * This example definition is from regulations published by federal regulatory agencies pursuant to Title XI of the Financial Institutions Reform,Recovery, and Enforcement Act(FIRREA)of 1989 between July 5, 1990, and August 24, 1990, by the Federal Reserve System (FRS), National Credit Union Administration(NCUA), Federal Deposit Insurance Corporation (FDIC), the Office of Thrift Supervision (OTS), and the Office of Comptroller of the Currency (OCC). This definition is also referenced in regulations jointly published by the OCC, OTS, FRS, and FDIC on June 7, 1994,and in the Interagency Appraisal and Evaluation Guidelines,dated December,2010. Florida Court Definition: "Market Value is the price that a seller willing, but not compelled to sell, and a buyer willing, but not compelled to buy, would agree to in fair negotiations with knowledge of all the facts." [Source: Fla. Power & LiFht Co., v. dlenniwl 518 So.2d 895 (Fla. 1987)] 2-2(a)(vi) State the effective date of the appraisal and the date of the report; A) Effective Date of the Appraisal: June 28, 2017 B) Date of the Report: June 28, 2017 2-2(a)(vii) Summarize the scope of work used to develop the appraisal; The appraisal problem is to develop an opinion of value of the property based on its highest and best use. The appraiser inspected the property and photographed it. A thorough investigation was made into the physical characteristics of the property that could affect its value. The market area was surveyed to determine its stage of the life cycle. Research was conducted to ascertain economic factors that might influence value. 24 APPRAISAL REPORT (continued) Data research consisted of collecting, confirming, and reporting improved sales. The process included searches and analyses, inspections and confirmations, and final reporting. The appraiser examined several sources of sales data, including the multiple listing service, Palm Beach County Appraiser's records, the public records, and data from the appraiser's plant. For Sales Comparison Approach, improved sales are compared to each other and to the property under appraisement to develop a final opinion of value. 2-2(a)(viii) Summarize the information analyzed, the appraisal methods and techniques employed, and the reasoning that supports the analyses, opinions, and conclusions; exclusion of the sales comparison approach, cost approach, or income approach must be explained; The information analyzed and appraisal method used is detailed in the valuation section of the report. Further, the reasoning that supports the analyses, opinions, and conclusions is explained in the valuation section. The Cost Approach is not used because of the age of the improvement. The Income Approach is not employed because single family dwellings are purchased for shelter, not their income producing ability. Exclusion of these approaches to value still produces a creditable report. SR I-5 When the value opinion to be developed is market value, if such information is available in the normal course of business: a) analyze all agreements of sale, options, or listings of the subject property current as of the effective date of the appraisal; and There are no known agreements for sale, options or listings of the appraised property as of the effective date of the appraisal. b) analyze all sales of the subject property that occurred within the three (3) years prior to the effective date of the appraisal. There were no arm's length transactions of the appraised property in the past three years. It was acquired by the current owner in April, 2013 for $64,500 from LARANN, LLC. A copy of the deed is in the Addenda. After the purchase, the owner upgraded the property as previously described. 25 APPRAISAL REPORT (continued) 2-2(a)(ix) State the use of the real estate existing as of the date of value, and the use of the real estate or personal property reflected in the appraisal; The use of the real estate on the date of valuation is a single family residence, and it is this use which is reflected in the appraisal. No personal property is included in the valuation. 2-2(a)(x) When an opinion of highest and best use was developed by the appraiser, summarize the support and rationale for that opinion. HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Physically Possible as Vacant No soil or subsoil tests are available for review. However, the site has been supporting a residential structure since 1930. The land is level and filled to street grade. Land size is approximately 5,000 square feet and rectangular in shape. All utilities are available to the site. The site is accessible via NE 4 Avenue. Physical constraint to develop the site is its size which determines its legal conformity to the zoning code. Legally Permissible as Vacant Legal restrictions to the development of the site consist of land use designation, building and zoning codes, platting restrictions and restrictive covenants. Land use designation is medium density residential, maximum density of 9.58 dwelling units per acre. Zoning is "R-2", Single family and Two-family Residential District in the City of Boynton Beach. Maximum number of dwelling units per lot in "R-2" district is two if the lot size meets current code. The appraised site consists of part of one lot, with frontage of 50 feet and size of 5,000 square feet, both sub-standard to the current code. Most probably, the site could be improved as a legal non-conforming lot with one single family residence. However, Boynton Beach officials make the decisions as to how the site can be improved. The Boynton Beach CRA future land use plan for the appraised land and surrounding blocks is for High Density Residential of 11 dwelling units per acre. A land use change is required for the implementation of such a future plan. 26 HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Financially Feasible as Vacant The third test of Highest and Best Use is economic feasibility. Demand for a certain property type must be evident for it to be feasible. For it to be financially feasible, the use must be marketable and provide the investor with a competitive return when compared with alternate uses. The immediate subject market area has been improved with single-family residences and small multi- family dwellings for almost 100 years. Residences come to the end of their economic lives, improvements are razed and the sites are redeveloped with modern structures. There are examples of this cycle throughout the subject market area. New redevelopment projects in the subject vicinity are Ocean Breeze West with 21 homes, Eastview Park with market rate houses ranging from $255,000 to $300,000 constructed by D R Horton, and four new houses on West Martin Luther King, Jr. Boulevard sold from $166,000 to $195,000. The four houses are the result of the work of the Boynton Beach CRA and Boynton Beach Faith-Based Community Development Corporation. Single family homeownership is encouraged to build the community with permanent residents rather than populate it with transient occupants. As mentioned, community organizations are constructing single family homes and selling them to people who will reside there. Financial assistance to the buyers is facilitating this plan. Financially feasible use of the subject site is to improve it with a single family residence with three bedrooms and two bathrooms to meet current expectations for a home. Such use is compatible with community redevelopment plans for the subject neighborhood. The most likely buyer of the site would be a community agency which would construct the single family residence then sell the land and house to an end-user. Time for this use is now with renewed interest in the subject market area and funds apparently available for redevelopment of the neighborhood. Maximally Productive as Vacant In summary, the Highest and Best Use of the property appraised as vacant is for a single family residence. Such use would be physically possible, probably legally permissible, financially feasible and maximally productive. 27 HIGHEST AND BEST USE OF THE PROPERTY AS IMPROVED Physically Possible Improved The improvement appraised is a single family residence constructed in 1930. It was upgraded after the purchase in 2013 to extend its useful life. If necessary or desired, demolition is physically possible. Legally Permissible Improved A single family residence appears to be legally permissible. There is sufficient space to have car storage for two vehicles. Financially Feasible Improved There is an active market for one dwelling residences in the central-eastern Boynton Beach market area in the price range of the appraised value. Exposure time to the market for these properties is short, typically a few months. A few sales are in cash; most are financed by third party lenders at high loan to price mortgages. The appraised property appears to be in average to good condition for its age. The modernizing which took place will prolong its useful life and enhance the comfort of residing in the house. Financial feasibility of the property as improved is to maintain it through repairs and modest upgrades to the end of its useful life. Maximally Productive Improved The maximally productive use of the property as improved is its current use as a single family residence, which use is physically possible, legally permissible, financially feasible, and maximally productive. 2-2(a)(xi) Clearly and Conspicuously: State all extraordinary assumptions and hypothetical conditions; and state that their use might have affected the assignment result. There are no extraordinary assumptions or hypothetical conditions in this report. 2-2(a)(xii) Include a signed certification in accordance with Standards Rule 2-3 See signed certification in report. 28 SALES COMPARISON APPROACH Subject & Improved Sale Locations r l7 z 1 Lr U m 1. '7t�n' S � z (m 2dTH A4fE NE L� Bo-NN EAv CIR�i� to f Est, � 1 E7 ,fl NE 17TH AWE ( l a z �'I, ++f LAKE ST a( 1771-P A Ur Pf4V.__-1 NE.17TH ALE N1e4!Y 6TH Cr F f� 16TH-,-NE-- 16TH{AVE NE —.h�� AN�TEE BAY OR zi E m f ....o rr yr N �. p z L z NE 14TH A LE l tr 1 :J —lam 1 8atm E]m cam£ � SHORE DR DR N 1 h IMPROVED SALE p ( �— £ ._ N1I1 13TH NE 13TH A AWE �t �N1N 12THAVE) FaT--,—NJI i N W 12TH AVE.�L z �o- -- � I''1 (_ j' IM ROVED SALE 9 ) —=z1 � 2i � f ji —a'ti _ j ( w; L- . M1PhRTFN LuEpIKI;YG A.LE— NE 4TH AVE i - =1 - - t -' Yl ... .. _ 1_( — I ~,I �, NE 8TH AVE NE+B_T11 AWE t 1 Nv!azrr k. n .,, �Jjt IN arH AVE 9FiVEL7 SALE 3 tNEsJVD SALE = a( NE77TH.AWE �ti y l� y it. NW 7TH AVE SI�_J � j NE 7TH AVE it LA_ NE fiTH AVE_ NE_5TH AVEi L sj �T 1(.. S�IINE 6TH AVE 99W PROVED SALE 4... N W z STH AVE _��------------ y `�t_SNE SThIAVE L. ( W 4T- YE y,{--N .A ]LNE RTH AVE � � � NE 4TH AVE 3Ft�AJ it n _ T E. . __- am4 ,,orN ---,,,„LVD C r EST AVE ��,_.NE 1ST AVE -I ....—._1 _ II W O€'EAN ALrI E 6C64N A'l1E �I SW,1 .�I '-” N m._�S 5T AVEC _S_T AVE p 1 � l Beach m---� /sW 2111 � ��� SE'-AVE p - $i SE 4THiAVE —er� pti (— i� ;Ii cn SW 4TF AVE � ttt .=AWE— _� �4r Data use subject to license. ft Cdd DeLorrne.DeLorme Street Atlas DSA0 2009. 0 400 800 1200 1600 2000 vwa+W.delorme.com MN(6.6°VV) Data Zoom 14-0 30 t r tci� r »w Improved Sale No. 1 @ 510 NW 9 Avenue Improved Sale No.2 @ 233 NW 5 Court - t i lr i �r ,si Improved Sale No.3 @ 215 NW 6 Avenue Improved Sale No.4 @ 614 NW 5th Street r r i -: .A � ftSE P ".''' ,v)c3,,xl syi ir, a Improved Sale NO. 5 @ 339 NE 11th Avenue PHOTOS OF THE IMPROVED SALES 31 IMPROVED SALE SALE NO. 1 LEGAL DESCRIPTION East 17 feet of Lot 74, Lot 75 and west 10 feet of Lot 76, CHERRY HILLS, Plat Book 4 page 58, Palm Beach County, FL RECORDED O.R. Book 29055,Page 1475 GRANTOR Waldemar Fedorowicz, et al GRANTEE Tiffany Frederick, et al DATE OF SALE April 26,2017 LOCATION 510 NW 9 Avenue Boynton Beach ZONING "R-IA", Single family residential SALE PRICE $154,000 PROPERTY DESCRIPTION One-story single residence containing 1,160 square feet constructed in 1958. Three bedrooms and two bathrooms. No car storage structure. Land size is 6,230 square feet. UNITS OF COMPARISON $132.76 per square foot of building, including land 5.37:1 Land to Building Ratio PARCEL CONTROL NUMBER 08 43 45 21 14 000 0741 CONDITIONS OF SALE Financing provided by Peoples Home Equity Inc. in the amount of$150,228 at the market rate of interest. Financing did not have a significant effect on the price paid. Arm's length transaction. CONFIRMATION Tiffany Frederick, grantee COMMENTS Older house with some upgrades. Single carport and rear patio enclosed for living space. Prior sale in August, 2014 for $137,000. 32 IMPROVED SALE SALE NO. 2 LEGAL DESCRIPTION Lot 115, Block "B", BOYNTON HII,LS, Plat Book 4, page 51,Palm Beach County,FL RECORDED O.R. Book 28998,Page 758 GRANTOR SB TRS LLC GRANTEE Angenette Wright DATE OF SALE March 31,2017 LOCATION 233 NW 5 Court Boynton Beach ZONING "R-IA", Single family residential SALE PRICE $156,000 PROPERTY DESCRIPTION One-story single unit residence containing 1,274 square feet constructed in 1957. Three bedrooms and two bathrooms. No car storage structure. Land size is 7,325 square feet. UNITS OF COMPARISON $122.45 per square foot of building, including land 5.45:1 Land to Building Ratio PARCEL CONTROL NUMBER 08 43 45 2107 002 1150 CONDITIONS OF SALE Financing provided by Freedom Mortgage in the amount of $153,174 at the market rate of interest. Financing did not have a significant effect on the price paid. Arm's length transaction. CONFIRMATION Angenette Wright, grantee COMMENTS There is a covered front porch. Older house with some upgrades. The property has had a number of prior transactions by investor in the market. Most recent prior sale in November,2014 for$130,000. 33 IMPROVED SALE SALE NO. 3 LEGAL DESCRIPTION Lots 111 and 112, Block "C", BOYNTON HII,LS, Plat Book 4,page 51,Palm Beach County,FL RECORDED O.R. Book 28860,Page 1065 GRANTOR Michael Thacker, et al GRANTEE Nornoc LLC DATE OF SALE January 26,2017 LOCATION 215 NW 6 Avenue Boynton Beach ZONING "R-IA", Single family residential SALE PRICE $155,000 PROPERTY DESCRIPTION One-story single unit residence containing 1,190 square feet constructed in 1950. Three bedrooms and two bathrooms. No car storage structure. Land size is 11,247 square feet. UNITS OF COMPARISON $130.25 per square foot of building, including land 9.45:1 Land to Building Ratio PARCEL CONTROL NUMBER 08 43 45 2107 003 1110 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMATION Michael Thacker, grantor COMMENTS Older house with some upgrades. Prior sale in July, 2016 for $105,000. Certificate of title transfer in August, 2015 for $80,100. 34 IMPROVED SALE SALE NO. 4 LEGAL DESCRIPTION Lot 11, RIDGEWOOD MANOR, Plat Book 24 page 175, Palm Beach County,FL RECORDED O.R. Book 29029,Page 1007 GRANTOR Edoris Maddox GRANTEE Fenique Paraison, et al DATE OF SALE April 13,2017 LOCATION 614 NW 5 Street Boynton Beach ZONING "R-IA", Single family residential SALE PRICE $173,000 PROPERTY DESCRIPTION One-story single residence containing 1,217 square feet constructed in 1957. Three bedrooms and two bathrooms. Single carport. Land size is 10,481 square feet. UNITS OF COMPARISON $142.15 per square foot of building, including land 8.61:1 Land to Building Ratio PARCEL CONTROL NUMBER 08 43 45 21 13 000 0110 CONDITIONS OF SALE Financing provided by Primary Residential Mortgage in the amount of$169,866 at the market rate of interest. Financing did not have a significant effect on the price paid. Arm's length transaction. CONFIRMATION Mark Loterstein, attorney for grantee COMMENTS Upgraded, older house with new air condition system, storm impact windows,new flooring, et cetera. 35 IMPROVED SALE SALE NO. 5 LEGAL DESCRIPTION Lot 1 and part of the abandoned alley lying adjacent to Lot 1, Block 1, MEEKS & ANDREWS ADDITION, Plat Book 5 page 84,Palm Beach County,FL RECORDED O.R. Book 28966,Page 1447 GRANTOR Rodney Parker GRANTEE Louis-Charles Ulrick, et al DATE OF SALE March 21,2017 LOCATION 339 NE 11 Avenue Boynton Beach ZONING "R-2", Single and two-family residential district SALE PRICE $175,000 PROPERTY DESCRIPTION One-story single residence containing 1,247 square feet constructed in 2003. Three bedrooms and two bathrooms. Single car garage. Land size is 7,558 square feet. UNITS OF COMPARISON $140.34 per square foot of building, including land 6.06:1 Land to Building Ratio PARCEL CONTROL NUMBER 08 43 45 2122 0010010 CONDITIONS OF SALE Financing provided by Absolute Home Mortgage Corp in the amount of$171,830 at the market rate of interest. Financing did not have a significant effect on the price paid. Arm's length transaction. CONFIRMATION Rodney Parker, grantor COMMENTS More recently constructed house with a garage. Prior sale in September, 2003 for $142,000. Newer structure, but no recent interior improvements. 36 ^� E0 0 � o � C) C) Woo oo 00 C)or om foo s. 4 = , m � o ,Nn acvoi °' � o o o o .00 00 00 ct � o U W � w ci ci o ci o A h on C' � C� o CC M It It Vr o It M C) oc o cr It N 0C)1 W � W C/1 p C) C) o o o 0 0 Qj a t = = j po F" v d' CQ UA d' CQ � CQ d' CgUd' y Z A SALES COMPARISON APPROACH OVERVIEW In the Sales Comparison Approach, the appraiser compares the appraised property to sales of similar properties. This approach to value simulates the actions and attitudes of typical buyers and sellers in the market. The approach is based on the Principle of Substitution that affirms the maximum value of a property is set by the cost of acquisition of an equally desirable and valuable substitute property, assuming no costly delays in making the substitution. The steps of this approach are: 1) Collect information of recent sales of properties most similar to the property being appraised. 2) Verify the sales information from the best available sources. 3) Select relevant units of comparison and develop a comparative analysis for each unit. 4) Adjust the sales to the subject using the significant,market-derived units of comparison. 5) Reconcile value indications from the comparisons into a value opinion by this approach. For the value opinion by this approach to be meaningful, there must be an adequate number of sales of similar properties for comparison to the subject. Data acquired in the Sales Comparison Approach such as rental amounts, vacancy factors, and expense ratios, are used in the Income Approach. A reliable Sales Comparison Approach sets a strong foundation for the entire value process. The property appraised is a single family residence at 115 NE 4 Avenue, Boynton Beach, containing 1,134 square feet of enclosed area, constructed in 1930 and refurbished after 2013. Land size is 5,000 square feet; zoning is "R-2", Single and Two-family residential district. A search was made for recent sales of single family residences in central-eastern Boynton Beach. Of transactions reviewed, the five cited in this report provide an overview of this market. Details of the transfers are on the sale sheets and comparison chart. UNITS OF COMPARISON Units of comparison are components into which a property may be divided for comparison. The purpose of using units of comparison is to relate sales of similar properties to the property being appraised on the basis of significant measures such as price per square foot, price per cubic foot, et cetera. The appropriate units of comparison come from the market. For the property appraised and the comparable sales, the pertinent unit of comparison is sale price per square foot of building, including land. Continued 38 SALES COMPARISON APPROACH (Continued) ELEMENTS OF COMPARISON Elements of comparison are the characteristics ofproperties and transactions that cause the prices paid for real estate to vary. The Appraisal of Real Estate continues by stating that there are ten basic elements of comparison that should be considered in sales comparison analysis. The first group is termed transactional elements being: real property rights conveyed, financing terms, conditions of sale, expenditures made immediately after purchase and market conditions. The second group is property elements consisting of location,physical characteristics, economic characteristics, use, and non-realty components ofvalue. Each is hereafter addressed. Real Property Rights Conveyed A transaction price is always predicated on the real property interest conveyed. Property interests conveyed can either be fee simple (without tenants) or leased fee (subject to leases). An adjustment for property rights conveyed is based on whether a leased fee interest was sold with leases at,below, or above market rent. When a property is sold without leases, its value is normally based on the market rent that it can command and the financing that could be obtained. The property interest conveyed for the improved sales is fee simple, the same interest appraised for the subject. No numerical adjustment is warranted for this element of comparison. Financing Terms Financing terms may have a bearing on the price paid for a property. Such terms that may affect price include assuming a mortgage at lower than current interest rates, the seller paying a buydown for the buyer to have a lower interest rate, or the seller providing financing for a transaction at lower than typical institutional rates. In all of these cases, the buyer could have paid higher prices in such transactions to obtain favorable financing. The reverse is also a possibility in which lower sale prices result from above market financing. If financing affected the price paid, a cash equivalency adjustment is warranted. The availability of third parry financing is apparent with the buyers of Improved Sales 1, 2, 4 and 5 giving mortgages at a 98% loan to price ratio. Such financing is facilitating an active market for single family residences. Only Improved Sale 3 was a cash transaction, which had previously been the norm. The unit prices are similar for the two methods of purchase, suggesting the financing did not affect the price, but rather made it possible since most buyers do not have enough money for a cash purchase. No adjustment is made for this element of comparison. Conditions of Sale Condition of sale addresses the motivation of buyers and sellers. Such motivations include a seller accepting a lower than market price for needed cash, a lender selling a previously foreclosed property to comply with regulations imposed on the institution, or a buyer purchasing an adjacent property. Even arm's length transactions may be the result of atypical motivation, such as lack of exposure time to the market,the result of an eminent domain proceeding, or tax consideration. (Continued) 39 SALES COMPARISON APPROACH (Continued) None of the sales were distressed situations or resales by lenders after the foreclosure of mortgages which financed prior transactions. All of the sale properties were exposed to the open market for reasonable periods of time. Conditions of sale for the comparable properties were typical for the market; hence,no adjustments made. Expenditures Made Immediately After Purchase No major expenditures were made to the sales immediately after purchase. Market Conditions Comparable sales that occurred under different market conditions than those applicable to the subject on the effective date of the value estimate require adjustment for any differences that affect their value. The most common adjustment for market condition is time; however, the passage of time itself is not the cause of the adjustment. Market conditions which change over time are the reason to make the adjustment, such as appreciation or depreciation due to building inventory, changes in tax laws, investor's criteria, building moratoriums, fluctuation in supply and demand, et cetera. It is also possible that there is no change in market condition over time. All of the sales occurred in 2017, during a period when market conditions are similar to those prevalent at the time of valuation. No adjustment is necessary for this element of comparison. Transactional adjustments were considered,but none made. Now,the improved sales are compared to the subject and to each other for the remaining property elements of comparison for possible adjustments. Location The location of a property is a key factor in prompting a buyer to purchase it. Location encompasses many aspects such as road frontage, access, proximity to other competing properties, proximity to a market that will use the goods and services housed in a property, governmental influences, et cetera. Typically, properties in a neighborhood share some of the same location characteristics such as age, condition, and style. However, there may be differences such as comer location, view, and zoning, to name a few. Properties of a similar type may be in different locations, yet the locations may share enough similarities to justify comparison. Factors of similarity between locations include average daily traffic counts,zoning and/or land use, and market composition. (Continued) 40 SALES COMPARISON APPROACH (Continued) The improved sales and appraised property are in the central section of the city of Boynton Beach. Zoning district for Improved Sale 5 and the appraised property is "R-2", permitting single and two- family residential; however,the small site sizes would only permit single family use. Consequently, zoning does not have a significant effect on price. There are some locational differences among the sales and subject; however,they are not noteworthy enough to warrant adjustment. Physical Characteristics Physical characteristics to be considered for adjustments are those that cause a difference in price to be paid by the market. A wide range of such items includes property type, building size, land size, land to building ratio, amount of parking,year of construction, current property condition, functional utility, market appeal, complete build-out of interior space, et cetera. Adjustments for physical characteristics are best derived from the market by paired sales comparison. The value added or lost by the presence or absence of a differing item in a comparable property does not usually equal the cost of installing or removing the item. Through the process of searching for comparable sales, the physical characteristics are of great import. From the universe of possible comparable sales, those that are most similar to the property appraised are presented in the report for analysis and comparison to the subject. The lesser the number of physical differences,the better. The unadjusted range of prices for the improved sales is from $154,000 to $175,000. The most significant physical characteristic affecting the price of the property is the condition of the improvement as to its recent upgrades. Date of construction for of the appraised property is 1930; however,the owner extensively modernized it as previously listed in the report at a conservative cost estimate of$25,000. Improved Sales 1, 2, 3, and 4 have dates of construction in the 1950s; No. 5 is the most recent in 2003. The grantor of No. 1 made some improvements to the property,but reportedly not to the extent of the subject. To account for the difference, Improved Sale 1 is adjusted upward $20,000 to an adjusted price of$174,000. The building size of No. 1 is slightly larger than the appraised house, and the lot is larger. Improved Sale 2 has been maintained over the years,but has had minor upgrades. It is inferior to the subject and adjusted upward by $25,000 for an adjusted price of$181,000. Both the building and land size of No. 2 are larger than the property in question. The comparisons for No. 3 to the subject are similar to those of Improved Sale 2. No. 3 is adjusted upward by$25,000 for an adjusted price of$180,000. The seller of No. 4 modernized the house prior to sale. Its condition is equal to the subject, with no adjustment made. The building and land size of Sale 4 are greater than the property concerned. Improved Sale 5 is the most recently constructed house, but has not been upgraded since then. For this reason, it is adjusted upward $15,000 to an adjusted price of$190,000. No. 5 has a larger house and lot than the subject's. (Continued) 41 SALES COMPARISON APPROACH (Continued) The adjusted unit price range is from $142.07 to $152.37 per square foot of building including land. The condition of the appraised property would put its unit value in the upper end of the range; however, its smaller building and land size bring its unit value back to the middle of the range. The most representative unit value for the appraised property is $150.00 per square foot of building including land. Economic Characteristics Economic characteristics of a property include its rental rate, occupancy rate, and expenses; which are the building blocks for the gross income multiplier and overall capitalization rate. Single family residences are not typically purchased based on their economic characteristics. They are sometimes rented,but the income they can produce is not a determining factor in their transfer. This element of comparison carries little weight in this sales analysis. Use For properties to be comparable, they should have similar Highest and Best Uses. All of the improved sales cited in this report and the subject have the same Highest and Best Use as single family residences,with no adjustment necessary. Non-Realty Components of Value Non-realty components of value include personalty, business concerns, or other items that do not constitute real property but are included in the sale price of either the comparable or the subject property. These components should be analyzed separately from the realty. There were no non-realty components of value to consider for the property appraised. FINAL VALUE OPINION The unit of comparison most relevant for the property appraised is the sale price per square foot of enclosed building including land. The element of comparison which most affects price in the subject market is condition of the property and degree of modernization. The sales are adjusted to the subject for this element of comparison with an adjusted unit price range of$142.07 to $152.37 per square foot of building including land. Considering the foregoing discussion, the unit value for the appraised property is in the mid-range of the adjusted sales unit range at $150.00 per square foot of building including land. (Continued) 42 SALES COMPARISON APPROACH (Continued) The quantity of the comparable data is sufficient to have an overview of the market for smaller single family residential properties in the central-eastern Boynton Beach. The quality of the data is good in that it provides a sound basis to develop an opinion of value for the property under appraisement. Based on the analysis and conclusions presented within the report, it is our opinion that the Market Value of the Fee Simple Estate of the Subject Property as of June 28,2017 is as follows. 1,134 square feet x $150.00 per square foot= (rounded to) $170,000 FINAL VALUE BY THE SALES COMPARISON APPROACH: ONE HUNDRED SEVENTY THOUSAND DOLLARS 43 CERTIFICATION I certify that, to the best of my knowledge and belief,the statements contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal,unbiased professional analyses, opinions, and conclusions. I have no present or prospective interest in the property that is the subject of this report, and I have no bias or personal interest with the parties involved. The appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan. My compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of, this report. I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. The analyses, opinions and conclusions were also developed and the report prepared in conformity with the Uniform Standards of Professional Appraisal Practice, which is included in the Appraisal Institute's Standards, and Chapter 475,Part 11 F.S. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. The use of this report is (also) subject to the requirements of the State of Florida relating to review by the Florida Real Estate Appraisal Board. I have visited the property that is the subject of this report on June 23,2017. Jesse B. Vance, Jr. and Claudia Vance are responsible for the analyses, conclusions and opinions concerning real estate set forth in this report. No one else has provided significant professional service to the persons signing this report. The Appraisal Institute and the American Society of Appraisers each conduct programs of continuing education for their designated members. As of the date of this report, Jesse B. Vance, Jr. and Claudia Vance have completed the requirements of the continuing education program of the Appraisal Institute. Continuing educational requirements are also completed for the American Society of Appraisers and the State of Florida. June 28,2017 Jesse B. Vance, Jr., MAI, SRA, ASA Florida State-Certified General Real Estate Appraiser No. RZ-85 &n���e June 28,2017 Claudia Vance,MAI Florida State-Certified General Real Estate Appraiser No.RZ-173 44 CERTIFICATION AND LIMITING CONDITIONS The statements and conclusions contained in this report,subject to the limiting conditions hereafter cited,are correct to the best of the writers'knowledge. 1. The undersigned have personally visited the subject of this report. No pertinent information has been knowingly withheld. 2. Unless specifically included,the subject is analyzed as though free and clear of liens and encumbrances. 3. No responsibility is assumed for legal matters,nor is an opinion of title rendered. Title is assumed to be good and held in Fee Simple. 4. Legal descriptions and property dimensions have been furnished by others;no responsibility for their correctness is assumed. Sketches which may be in the report are for illustrative purposes only. 5. Possession of any copy of this report does not carry with it the right of publication,duplication,or advertising using the writers' names or professional designations or membership organizations. 6. The writers are not required to testify without prior agreement. 7. Neither the employment to make this appraisal nor compensation therefore is contingent on the value reported. 8. Improvements,if any,are those noted and reported on the date of inspection. 9. The value or values estimated apply ONLY as of the date of valuation stated within the report. 10. The writers certify that they have no present,past or contemplated interest in the subject of this report. 11. This report is the property of the indicated client. It may not be used by any other party for any purpose not consistent with the written function of this report without the express written consent of the writers AND client. 12. The reported analyses,opinions and conclusions were developed,and this report has been prepared,in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Practice and Conduct of the Appraisal Institute. The work also conforms to the Uniform Standards of Professional Appraisal Practice. 13. The existence of potentially hazardous material used in the construction or maintenance of buildings,such as the presence of urea formaldehyde foam insulation,and/or existence of toxic waste,which may or may not be present on the property,has not been considered. Additionally,soil or sub-soil contamination may exist from current or prior users,or users outside the property concerned. The appraisers are not qualified to detect such substances. We urge the client to retain an expert in this field if desired. 14. The appraisers have not been provided a Habitat Survey,Endangered Species Survey,or analysis by a qualified environmental specialist indicating the presence of or proximity to environmentally sensitive and/or protected land or species which could affect the use,and possibly,value of the appraised property. The appraisers are not qualified to identify these factors. We recommend that an expert be hired where there may be reasonable cause to expect the presence of any of the cited elements. 15. Jesse B.Vance,Jr.and Claudia Vance were responsible for the analyses,conclusions,and opinions of real estate set forth in this report. (No one else provided significant professional assistance to the report signers). 16. The Americans with Disabilities Act(ADA)became effective January 26,1992. We have not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property would reveal that the property is not in compliance with one or more of the requirements of the act,which could reduce property value. 17. Prospective value estimates are based on current conditions and trends. The appraisers cannot be held responsible for unforeseeable events that might alter market conditions upon which market value has been estimated. 18. The appraisers certify that they have the knowledge and experience required to perform this appraisal assignment. 19. The appraiser reserves the right to amend or change this report at any time additional market information is obtained which would significantly affect the value opinion. Jesse B.Vance,Jr.,MAI,SRA,ASA State-Certified General Real Estate Appraiser No.RZ 85 June 28,2017 Claudia Vance,MAI State-Certified General Real Estate Appraiser No.RZ 173 June 28,2017 45 ADDENDA ir��ra�r�rrr�rrwi CFN 20130155158 OR BK 25924 PG 1862 RETURN TO: RECORDED 04/04/2013 13:51:04 PREPARED BY: Palo Beach County, Florida ART 64,500.00 Stev L.Craig,Esquire Doc Stamp 451.50 ;kTitle of Florida, Inc. Sharon R. Bock,CLERK i COMPTROLLER 45A Blvd,Ste. 304B Pgo 1862 - 1863; (2pga) Pale , 12h Gardens, FL 33418 FiT �1 0 Propert*raisers Parcel No.: 08-43-45-21-29-003-0052 (Space Above This Line for Recording Data) Q� WARRANTY DEED o ' THIS WA DEED made and executed the day of 2013, by LARANN,LLC,a Flo ' mited liability company,hereinafter called the grantor,to VALRIE BROWN- McINTOSH,a single p whose post office address is as follows: 1 castle Pines Road,Boynton Beach,FL 33437 hereinafter called the grantee: (Wherever used herein the term tor"and"grantee"include all the parties to this instrument and the heirs, legal representatives and asf individuals,and the successors and assigns of corporations) WITNESSETH: That the grant U and in consideration of the sum of$10.00 and other valuable considerations, receipt whereof is here owledged, hereby grants, bargains, sells, aliens, remises, releases, conveys, and confirms unto the an all that certain land situate in PALM BEACH County, Florida,viz: The East 50 feet of the South 100 feet of Lot 5, Block 3, SHEPARD ADDTION TO BOYTON,according to the plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County,Florida,recorded in Plat Book 2,Page 59; said lands situate,lying and being in Palm Beach County,Florida. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. SUBJECT TO restrictions,reservations,covenants,and easements of record, if applicable. F:\WORDDOC\Mae\Closing Docs\4600 files\4612\M-WD-Corp to Ldoc 1 47 Book25924/Page1862 Page 1 of 2 TO HAVE AND TO HOLD,the same in fee simple forever. AND the grantor hereby covenants with said grantee that it is lawfully seized of said land in fee sim •that the grantor has good right and lawful authority to sell and convey said land;that the grantor hereby ants the title to said land and will defend the same against the lawful claims of all persons wl ever;and that said land is free ofall encumbrances,except taxes accruing subsequent to December 31, 201 ( `dN ITNESS WHEREOF,the said grantor has signed and sealed these presents the day and year first abo en. Signed,sealIttd delivered in our presence: O� LARANN,LLC, a Florida limlj liability company (SEM By: FINKELSTEIN,Managing Member � Address: O rs tness Signalure Aol C (Printed Name S and W e (Printed Na STATE OF FLORIDA `= COUNTY OF PALM BEACH § The foregoing instrument was acknowledged before me this 1 day of 0—,2013, by LARRY FINKELSTEIN, as Managing Member for LARANN, LLC, a F ori a limited liability company, who has produced identification as referenced below. LARRY FINKELSTEIN Identification: WITNESS MY HAND AND OFFICIAL SEAL OF OFFICE tpRY PU"k+ C llM SEYBM # * MYCOMMISSIMIEE 2M Notary Public EXPIRES:June 20,2018 printed Na e• � f C3-'L" +– My Commission expires: FAWORDDOC\Mae\Closing Docs\4600 fi1es\4612\M-WD-Corp to Ldoc 2 48 Book25924/Pagel863 Page 2 of 2 - - Homeftad Exemption CFA,OS Palm Beach Cgunty Prop"AWaiser � I Owner Name: BROWN MCINTOSH VALRIE Marcel Control Number: 48-43-4S-21-29-043-4452 Location Address: 115 NE 4TH AVE f Structural Element Sketch for Building 1 for Building 1 to Exterior VINLY/ALUM/CION 1' Wall 1 SIDING 1, B' 2, Year Built 1934144 Air 3. Condition HTG&AC y ' Desc. 22 Heat FORCED AIR 4" Type DUCT S. Beat Fuel ELECTRIC 6. Bed 3 Rooms 7. Full Baths 2 t Half S. Baths 4 Exterior ' Wl'`all2 N/� tri 14, Roof GABLE/HIP Structure Roof 11. Cover MINIMUM l9901d 1 Interior WALL BD./ 12. Wall 1 WOOD Interior 13. Walt 2 N/A Floor 14. Type 1 WOOD FINE/SOFT t Floor 15. Type 2 N/A 1 . Stories 1 i Subarea and Sq. 30 Footage for Building 1 Code Description Sq' Footage BAS BASE,AREA 990 SFB SEMI FINISHED 144 BASE AREA. Total square 1134 Footage i Total Area tinder 1 134 Air: ( Extra Feature I Description Year Built Units No Extra.Feature Available Land Details Land Line Description Zoning Units Acres 49 http://www.co.palm-beach.fl..us/papalAsps/PropertyDetail0 tructuraiDetail.aspx?entity_id... E. R-2 Single and Two-family Residential District. 1. General. The purpose of the R-2 zoning district is to implement the medium density residential (MeDR) future land use map (FLUM)classification of the Comprehensive Plan. The intent of this conventional district is to stabilize and protect existing residential neighborhoods with densities no greater than ten(10)dwelling units per acre, and allowing limited types of non- residential uses. 2. Use(s) Allowed. See "Use Matrix Table 3-28" in Chapter 3,Article IV, Section 3.D. 3. Building and Site Regulations (Table 3-9). Existing and/or planned single-family homes shall conform to the R-1 district requirements; however, for duplex homes, the following lot and building requirements shall be observed: BUILDING/SITE REGULATIONS R-2 District Minimum lot area(per unit): 4,500 s.f.1 Minimum lot frontage: 75 feet Minimum yard setbacks: Front: 25 feet2 Rear: 25 feet3 Interior side: 10 feet2 Corner side: 25 feet 2,3 Minimum living area: 750 s.f. Maximum lot coverage: 40% Maximum Floor Ratio Area (FAR) 0.104 Maximum structure height: 25 feet 1 Single-family dwellings shall be constructed on lots that are no less than six thousand(6,000)square feet. 2 Pursuant to Section 8.B.below,parcels that have frontage on Martin Luther King Jr.Boulevard and are located within the Martin Luther King Boulevard Overlay Zone shall have front,side interior,and side corner setbacks in accordance with the mixed use-low intensity 1 zoning district(see Section 6.11.below). 3 On corner lots,the side setback adjacent to the street shall be not less than one-half(1/2)the front yard setback. However,where orientation of adjacent lots on both street frontages provide typical front yard setbacks,the comer lot shall provide for front yard setbacks along both streets. when two(2)front yard setbacks are provided for on a corner lot,no rear yard setback shall be required,only side yard setbacks shall be imposed. 4 A floor area ratio(FAR)up to 0.10 maybe considered for non-residential uses allowed within the R-2 district (see "Use Matrix"—Chapter 3,Article IV, Section 3),pursuant to the medium density residential land use category of the Comprehensive Plan. 5 Not to exceed two(2)stories. 50 D. R-1 Single-family Residential District. 1. General. The purpose of the R-1 zoning district is to implement the moderate density residential (MoDR) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to encourage single-family dwellings and structures at densities no greater than seven and one-half(7.5) dwelling units per acre, and allowing limited types of non-residential uses. 2. Use(s) Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.1). 3. Building and Site Regulations (Table 3-8). The following lot and setback requirements shall be observed: BUILDING/SITE REGULATIONS R-1 District Minimum lot area: a 6,000 s.f. Minimum lot frontage: 60 feet Front: 25 feet Rear: 20 feet Special rear yard setback reduction for single-story building additions:I Abutting: I-95 or railroad tracks: 50% Abutting: Intracoastal: 50% Abutting: Lakes: 50% Abutting: Golf Course: 50% Abutting: Canals wider than 150 ft 50% Abutting: Canals narrower than 150 ft 33% Abutting: Perimeter walls of community that abut other than residential: Abutting: Commercial or Industrial 50% Abutting: Public or private park: 50% Interior side: 7.5 feet Comer side: 25 feet2 Minimum living area: 1,200 s.f. Maximum lot coverage: 50% Maximum structure height: 30 feet 51 ' 3 J O a x ++ d d d d z z z z to w w z z E U •• a Q YC to YC YC o O to O N [— to O y O c� O c v �1. O o O Q. M y 00 O kn m � O o I LL W N O Q' O tn O O O �cc 0 mo `n U •� O OO o ffQ .. Imo . . ori, "' o o N o d �m a � � r-: z to z W ch U oO o 0 O d to o t d Q rx Q z �o 1:T z z U Qo o ttn z oo r- 1:T z O O o O O DD t Q �� i z 01 01 -- z I O O a0 r. Cd Q Qz "O c. Q. $.. c� O fy (� U U Cd p �' Q s .. bD O O Q C/1 tom~" O s. _ _._ U 3 .3u � GTr140. z z z z z z z z 00 w w w w z z z z z • � � d d d d d d d d w w w w z z z z z 00 z z z z z z z z M N N N N O z z z z z z z z U O / O O O O O M O O M N r- N N Fri N kn to kn kn M kn kn 44 O O N kn O by o 0 0 0 0 0 0 0 N N O O O O O <M O O N N v A4 0 0 0 0 0 0 0 0 M N -•� N N �n �n �n �n �n M �n �n Cd �. .-. OCd O V N 4 Cdto to L" o O .. C7 U U U w r� r� U rx U ---� EJ Sec. 11. Nonconforming Regulations. A. Lots and Parcels. 1. R-1 District, R-IA District, R-2 District, and R-3 District. A detached single-family dwelling may be constructed on any parcel located in an R-1, R-1 A, R-2, or R-3 district, provided that it meets all of the following requirements: a. The parcel contains at least one (1)whole platted lot,platted prior to August 7, 2001; b. The parcel, or assemblage of platted parcels which individually meet the requirements of paragraph a. above, has a frontage of not less than fifty (50) feet, and a lot area of not less than five thousand(5,000) square feet(irregular, other than rectangle-shaped lots with less than five thousand(5,000) square feet of area may be developed if in conformance with all other lot regulations); c. All such parcels, when developed, shall comply with all provisions of the Land Development Regulations and applicable building code regulations, including without limitation sections of the building code regulations regarding the impact of construction and drainage on or to adjacent properties. -- N 2. R-2 District. Within R-2 districts, in subdivisions platted prior to the effective date of these Regulations, where the platted lots have a frontage of at least forty (40) feet but less than fifty (50)feet,the following rules shall apply: a. A detached single-family dwelling may be constructed on any such parcel,provided that the parcel contains at least one (1)whole platted lot. b. A duplex dwelling may be constructed on any parcel,provided that it meets the following requirements: (1) The parcel contains at least two (2)whole platted lots; (2) Property cannot be acquired from adjacent parcels so as to make the subject parcel conforming, without causing the adjacent parcels to become nonconforming or more nonconforming. c. For any parcel, lot, or combination of lots, where the total frontage is equal or greater than one hundred twenty (120)feet, and the total area is greater than twelve thousand(12,000) square feet, said property shall not be developed except in accordance with the minimum frontage and lot area required in the R-2 zoning district. d. Ownership of parcels shall be determined by the property tax rolls on file in the Palm Beach County Property Appraiser's Office as of the effective date of these Regulations. 3. R-I AA District. A detached single-family dwelling may be constructed on any parcel located in an R-1 AA district,without requiring a variance,provided that it meets the following requirements: a. The parcel contains at least one (1)whole platted lot. b. The parcel has a frontage of not less than sixty (60) feet,and a lot area of not less than six thousand, seven hundred fifty (6,750) square feet in area. c. It would not be possible to acquire property from adjacent parcels so as to make the subject parcel conforming,without causing the adjacent parcels or structures thereon to become nonconforming or more nonconforming. For any parcel or lot, or combination of lots under the same ownership, where the total frontage and the total area is equal to or greater than that which is required by the R-IAA district building and site regulations, said property shall not be developed except in accordance with the minimum frontage and lot area required in the particular zoning district. Not more than one (1)parcel or lot, or combination of lots under the same ownership,that is nonconforming but which meets the requirements under b. above may be developed for a single- family house. 54 ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Page 1 of 3 Sec. 2. Standards. A. General. 1. Rules and Methodology. a. Parking space requirements shall be computed on the basis of the principal use of a structure or lot, and using gross floor area unless stated otherwise in this article. Gross floor area, for the purposes of this subsection, shall include the floor area occupied by the principal use,plus the floor area occupied by all other enclosed spaces, including but not limited to storage rooms,maintenance and mechanical rooms, offices, lounges, restrooms, lobbies, basements, mezzanines, and hallways. b. Where several principal uses exist in one (1) structure or on one (1) lot,parking space requirements shall be computed separately for each principal use,unless stated otherwise in this article. Where parking spaces are required in this article for each of several principal uses that commonly occur together,this is done for the purpose of clarification only, and shall not limit the application of the requirement contained in this paragraph. c. A use shall be considered a principal use, for the purposes of this subsection, if it could exist separately from all other uses in the same structure or on the same lot, and would by itself generate significant parking demand. d. Where several principal uses exist in one (1)building or part of a building, and the floor area of each principal use cannot be clearly delineated,the parking space requirement for the use requiring the greatest number of parking spaces shall apply. e. Where a use is not listed below, parking space requirements shall be determined by the City Commission after review and recommendation by the Director of Planning and Zoning or designee. f. Where the number of required parking spaces as computed includes a fraction,the number of required parking spaces shall be the computed number rounded to the next highest whole number. g. Except as provided in Section 3.E. below,there shall be provided, at the time of the erection of any structure or establishment of any use, a number of off-street parking spaces in accordance with the following minimum requirements,and subject to the parking requirements of this subsection. Where a structure or use is enlarged or increased in capacity by any means, including a change in building occupancy which requires the provision of additional parking spaces, or a change in use to or which requires additional parking spaces,the minimum number of parking spaces shall be computed by applying these requirements to the entire structure or use. 2. Minimum Number of Required Off-Street Spaces for Non-Residential Uses. No fewer than four(4)parking spaces shall be provided for any non-residential use. 3. Location of Off-Street Parking Areas. a. Residential. Required parking spaces for all dwellings shall be located on the same lot as the dwelling to be served. b. Non-residential. Required parking spaces for all non-residential uses shall be owned by the owner of the building or lot to be served,and shall be located on the same lot, or not more than three hundred(300) feet distance,unless the property is located within those areas defined within the adaptive re-use section of the Code (Chapter 4, Article 5, Section 4). In those areas, required parking spaces may be leased within three hundred(300) feet of the use in which they serve, subject to Board and City Commission approval,and the property shall be posted with signage indicating to patrons the location of the leased parking. B. Table 4-17. Residential and Lodging Uses. Residential and Lodging Uses Standard Number of Required Parking Spaces 55 http://www.amlegal.com/nxt/gateway.dll/Florida/boynton/partiiilanddevelopmentregulation... ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Page 2 of 3 Building area size is based upon gross floor area(in square feet)unless specifically expressed otherwise. Single-family,duplex dwelling,or mobile home: 21 Efficiency or one (1)-bedroom apartment: 1.5 1,2 Within mixed use high district: 1.332 Two (2) or more bedroom apartment: 21,2 Within mixed use high district: 1.661'2 Dormitories: 1 per unit Hotel&motel units containing one (1)-bedroom: 1.25 per unit Within mixed use high district: 1 per unit Hotel& motel suite containing two (2) or more 2 per unit bedrooms: Within mixed use high district: 1 per unit Group home(types 1 through 4): 1 per 3 beds Bed&breakfast: 13 Live/work unit: 1 per 2 units4 1 Residential driveways shall satisfy the parking space requirements for single-family detached dwelling units, duplexes, and multi-family dwelling units containing garages,provided such driveways are of sufficient size to meet the parking space requirements of this subsection. A residential driveway of sufficient size shall be provided prior to the issuance of a certificate of occupancy. For all required parking spaces not located within an enclosed garage, the first parking space shall be the minimum size required for a handicap space, exclusive of public or private rights-of-way, and all other required spaces must be dimensioned in accordance with current city standards. All driveways shall be setback at least two (2) feet from interior side and corner side property lines, and maintained and drained so as to prevent nuisance conditions or a danger to the public and/or adjacent property owners. Any expansion to an existing driveway shall require a zoning permit from the Planning and Zoning Division in accordance with the procedures specified in Chapter 2,Article II, Section S.B.; however, any driveway expansion(or similar impervious surface)that is equal to or greater than eight hundred(800) square feet shall require the approval of a land development permit in accordance with Chapter 2, Article III, Section 3. Any work, such as a driveway,proposed within the swale (right-of-way) shall require a permit from the Engineering Division in accordance with the procedures specified in Chapter 2, Article III, Section 4. 2 Guest parking shall be provided at a rate of 0.15 spaces per unit for residential developments consisting of three (3)or more dwelling units. 3 Required parking shall be calculated on the basis of one (1) space per each employee, manager, or owner and one (1)parking space for each guest unit. Newly created parking may be located only in the rear and side yard. 56 http://www.amlegal.com/nxt/gateway.dll/Florida/boynton/partiiilanddevelopmentregulation... ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Page 3 of 3 4 In addition to the required parking for the residential unit,the city requires that one (1) parking space per two (2) live/work units be provided to meet business activity needs. Parking provided to meet this requirement shall be located on the lot,built into or under the structure, or within three hundred (300) feet of the unit in which the use is located. The distance shall be a straight line measurement from a point on the boundary line of the property of the subject unit to the closest boundary line of the property on which the parking is located. Parking provided to accommodate said space, including driveways of adequate depth in front of the unit's garage, shall not serve as meeting required parking for the unit's residential use. 57 http://www.amlegal.com/nxt/gateway.dll/Florida/boynton/partiiilanddevelopmentregulation... 1/8/2015 This is an APPRAISAL REPORT that complies with Standard Rule 2-2(a) of Uniform Standards of Professional Appraisal Practice (USPAP: 2016-2017) (a) The content of an Appraisal Report must be consistent with the intended use of the appraisal and, at a minimum: (i) state the identity of the client and any intended users, by name or type; (ii) state the intended use of the appraisal; (iii) summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic property characteristics relevant to the assignment; (iv) state the real property interest appraised; (v) state the type and definition of value and cite the source of the definition; (vi) state the effective date of the appraisal and the date of the report; (vii) summarize the scope of work used to develop the appraisal; (viii) summarize the information analyzed, the appraisal methods and techniques employed, and the reasoning that supports the analyses, opinions, and conclusions; exclusion of the sales comparison approach, cost approach, or income approach must be explained; (ix) state the use of the real estate existing as of the date of value and the use of the real estate reflected in the appraisal; (x) when an opinion of highest and best use was developed by the appraiser, summarize the support and rationale for that opinion; (xi) clearly and conspicuously: ■ state all extraordinary assumptions and hypothetical conditions; and ■ state that their use might have affected the assignment results; (xii) include a signed certification in accordance with Standards Rule 2-3. Standards Rule 1-5 When the value opinion to be developed is market value, an appraiser must, if such information is available to the appraiser in the normal course of business: (a) analyze all agreements of sale, options, and listings of the subject property current as of the effective date of the appraisal; and (b) analyze all sales of the subject property that occurred within the three (3) years prior to the effective date of the appraisal. 58 475.611 Florida Statutes: Definitions.-- (1) As used in this part, the term: (a) "Appraisal" or"appraisal services" means the services provided by certified or licensed appraisers or registered trainee appraisers, and includes: 1. "Appraisal assignment" denotes an engagement for which a person is employed or retained to act, or could be perceived by third parties or the public as acting, as an agent or a disinterested third party in rendering an unbiased analysis, opinion, review, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real property. 2. "Analysis assignment" denotes appraisal services that relate to the employer's or client's individual needs or investment objectives and includes specialized marketing, financing, and feasibility studies as well as analyses, opinions, and conclusions given in connection with activities such as real estate brokerage, mortgage banking, real estate counseling, or real estate consulting. 3. "Appraisal review assignment" denotes an engagement for which an appraiser is employed or retained to develop and communicate an opinion about the quality of another appraiser's appraisal, appraisal report, or work. An appraisal review may or may not contain the reviewing appraiser's opinion of value. (b) "Appraisal Foundation" or"foundation" means the Appraisal Foundation established on November 20, 1987, as a not-for-profit corporation under the laws of Illinois. (c) "Appraisal report" means any communication, written or oral, of an appraisal, appraisal review, appraisal consulting service, analysis, opinion, or conclusion relating to the nature, quality, value, or utility of a specified interest in, or aspect of, identified real property, and includes any report communicating an appraisal analysis, opinion, or conclusion of value, regardless of title. However, in order to be recognized in a federally related transaction, an appraisal report must be written. (d) "Appraisal review" means the act or process of developing and communicating an opinion about the quality of another appraiser's appraisal, appraisal report, or work. (e) "Appraisal subcommittee" means the designees of the heads of the federal financial institutions regulatory agencies established by the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. ss. 3301 et seq.), as amended. (f) "Appraiser" means any person who is a registered trainee real estate appraiser, licensed real estate appraiser, or a certified real estate appraiser. An appraiser renders a professional service and is a professional within the meaning of s. 95.11(4)(a). (g) "Board" means the Florida Real Estate Appraisal Board established under this section. (h) "Certified general appraiser" means a person who is certified by the department as qualified to issue appraisal reports for any type of real property. (i) "Certified residential appraiser" means a person who is certified by the department as qualified to issue appraisal reports for residential real property of one to four residential units, without regard to transaction value or complexity, or real property as may be authorized by federal regulation. Q) "Department" means the Department of Business and Professional Regulation. 59 Page 1 of 5 Vance Real Estate Service ANWONNNOMMIL 9 Jesse B. Vance, Jr., MAI, SRA, ASA, MBA Appraiser - Real Estate Analyst - Reviewer - Expert Witness Vance Real Estate Service - 7481 NW 4 Street - Plantation - Florida - 33317 Office: 954.583.2116; Cell: 954.610.2423; Email: vanceval(a,comcast.net Web Page: www.vancerealestateservice.com Vance Real Estate Service is a Veteran-Owned Small Business (VOSB) and Florida Certified SDVBE Minority Business Enterprise specializing in personalized real estate valuation services in Florida for over 35 years. Currently registered in"SAM" (U.S. Government System for Award Management—DUNS 826494957).Designated appraisers perform the appraisal work,no trainees. Jesse B. Vance, Jr., MAI, SRA, ASA, MBA and Claudia Vance, MAI are qualified as expert witnesses for eminent domain, bankruptcies, deficiency judgments, marriage dissolution, and estate valuations. Our firm values most types of real property interests for sale, mortgage loans, litigation and investment reasonably, timely and professionally. As licensed real estate brokers,we perform most other real property functions.We also do"Valuations for Financial Reporting." PROFESSIONAL QUALIFICATIONS A)PROFESSIONAL DESIGNATIONS/DEGREES/LICENSES&CERTIFICATIONS MAI DESIGNATION - APPRAISAL INSTITUTE/Life Member No. 8781 SRA DESIGNATION - APPRAISAL INSTITUTE/Life Member No. 8781 ASA DESIGNATION - AMERICAN SOCIETY OF APPRAISERS(RE-Urban)4003439 MBA DEGREE - REAL ESTATE MANAGEMENT AND DEVELOPMENT STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER 4RZ-85(Florida) FLORIDA STATE LICENSED REAL ESTATE BROKER NO.BK.91050 REGISTERED VETERAN-OWNED SMALL BUSINESS(CCR/Duns 826494957) FLORIDA CERTIFIED SDVBE BUSINESS ENTERPRISE(Minority Business Enterprise-MBE) FLORIDA"D.E.P."APPROVED APPRAISER Currently registered in"SAM"(U.S.Government System for Award Management). B)QUALIFIED AS AN EXPERT WITNESS IN REAL ESTATE VALUATION 1.U.S.Court of Appeals,Eleventh Circuit 2.U.S.District Court,Southern District of South Florida 3.U.S.District Court,New Jersey 4.U.S.Bankruptcy Court,Southern District of Florida 5.U.S.Bankruptcy Court,District of New Jersey 6.U.S.Bankruptcy Court,Western(Pittsburgh)Division of Pennsylvania 7.Florida Circuit Courts:Broward,Dade,Palm Beach,Lee,Collier,Martin,and Okeechobee Counties 8.Appraiser on landmark eminent domain cases:TESSLER,NESS TRAILER PARK,PATEL,SIMPSON v. FILLICHIO,RUBANO,PALM BEACH COUNTY(FL)vs.COVE CLUB INVESTORS,LTD. C)EXPERIENCE Over thirty-five(35)years appraising and analyzing real property interests in South Florida Partial list: RESIDENCES, RESTAURANTS/BARS, APARTMENT BUILDINGS, OFFICE BUILDINGS HOTELS/MOTELS, CHURCHES, CONDOMINIUMS/COOPS, HOSPITALS &NURSING HOMES, VACANT LAND, GOLF COURSES, GOLF CLUBS, GASOLINE SERVICE STATIONS, MARINAS, TRAILER PARKS, SHOPPING CENTERS, BANKS/THRIFT INSTITUTIONS, BOWLING ALLEYS, P.U.D.'S, INDUSTRIAL BUILDINGS, TIME-SHARE DEVELOPMENTS, ROCK PITS, SCHOOLS, AGRICULTURAL PROPERTIES, WATER MANAGEMENT DISTRICT, MARKETABILITY, FEASIBILITY ANALYSES, INVESTMENT ANALYSES, AUTO SALES FACILITIES, LEASE VALUATIONS, TAX & ASSESSMENT APPEALS, CONDEMNATION, EXPERT WITNESS (Member National Forensic Center), BUSINESS ENTERPRISE VALUATIONS (BEV), (VFR) VALUATION FOR FINANCIAL REPORTING, AVIGATION & CLEARANCE EASEMENTS, ESTATES, DIVORCES, PLANNING/LAND USE STUDIES, HIGHEST & BEST USE ANALYSES, DEPRECIATION ANALYSES, COMPONENT APPRAISALS, ENVIRONMENTALLY SENSITIVE LAND, CONTAMINATED PROPERTIES, SUGARCANE & TURFGRASS LAND, DAY CARE CENTERS, SELF-STORAGE FACILITIES, FUNERAL HOMES, ANIMAL HOSPITALS, SUBMERGED LAND, CITY CENTERS,etc. 60 Page 2 of 5 D)PARTIAL LIST OF CLIENTS PRIVATE INDIVIDUALS AND CORPORATIONS, ATTORNEYS, ACCOUNTANTS, TRUST DEPARTMENTS, COMMERCIAL BANKS: Wells Fargo; BankAtlantic; SunTrust; American National Bank; Landmark Bank; City National Bank; BankUnited; Gateway American Bank; State Farm Bank; Englewood Bank & Trust; SAVINGS & LOANS, INSURANCE COMPANIES, REAL ESTATE INVESTMENT TRUSTS, & REAL ESTATE TRANSFER COMPANIES, TITLE INSURANCE COMPANIES; FLORIDA CITIES: FORT LAUDERDALE, PLANTATION, COOPER CITY, TAMARAC, LAUDERHILL, BOCA RATON, DEERFIELD BEACH, OAKLAND PARK, WILTON MANORS, HOLLYWOOD, WEST PALM BEACH, DELRAY BEACH, HALLANDALE, PEMBROKE PINES, COOPER CITY, TOWN OF DAVIE, TOWN OF SOUTHWEST RANCHES, MIRAMAR. FLORIDA COUNTIES: BROWARD, PALM BEACH,COLLIER, OKEECHOBEE;BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS;OKEECHOBEE BOARD OF COUNTY COMMISSIONERS. SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, BROWARD COUNTY HOUSING AUTHORITY,STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION(DOT); STATE OF FLORIDA DIVISION OF GENERAL SERVICES(GSA); N. BROWARD GENERAL HOSPITAL DISTRICT; STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Approved Vendor);U_S. TREASURY DEPARTMENT(General Counsel, I.R.S.);U.S.MARSHAL'S SERVICE—U.S.ATTORNEY'S OFFICE CENTRAL DIVISION—U.S.Dept.of Justice; VETERANS ADMINISTRATION E)EDUCATIONAL BACKGROUND-(Partial List) BACHELOR OF ARTS- Earlham College,Richmond,Indiana(1954) MBA(Nova University) - Real Estate Management&Development(National Dean's List 1991) Course 1 (AIREA) - Basic Principles of Appraising Course 2 (AIREA) - Urban Property Valuation(Income) Course 4 (AIREA) -Condemnation Appraising Course 6 (AIREA) - Income Capitalization&Analysis Course 101(SREA) - Introduction to Appraising Course 201(SREA) - Income Property Valuation,Theory Course 202(SREA) - Applied Income Property Valuation Course 301(SREA) - Applications/Appraisal Analysis Symposium (SREA) - Market Analysis,1978,Virginia Symposium (SREA) - Market Analysis,1979,Arizona Symposium (SREA) - Market Analysis,1980,South Carolina Symposium (SREA) - Market Analysis,1981,Tennessee Symposium (SREA) - Market Analysis,1982,New Mexico Symposium (SREA) - Market Analysis,1983,Pennsylvania Symposium (SREA) - Market Analysis,1984,Georgia Symposium (SREA) - Market Analysis,1985,Vancouver,B.C. Symposium (SREA) - Market Analysis,1986,New Jersey Clinic (SREA) -#201 Instructor,1987,U.of Illinois Clinic (SREA) -#201 Instructor,1988,Illinois Seminar (SREA) - Professional Practice,1988,Florida Symposium(SREA) - Market Analysis, 1988,California Symposium(SREA) - Market Analysis, 1989,Minnesota MBA Graduate School Courses: 1990—1991 Successfully completed the following graduate school courses: - "Regulation of Real Estate Development" - "Real Properties Management" - "Legal Issues In Real Estate" - "Market Analysis and Site Selection" - "Organizational Behavior and Management' - "Human Resource Management" - "Real Estate Economics" -"R.E.Finance:Instruments,Institutions&Investment Analysis" - "Urban Infrastructure&Environmental Analysis" - "Real Estate Accounting" - "Marketing Management for Real Estate" - "Commercial Real Estate Lending" - "Construction Technology and the Building Development Process" SEMINAR (AI) - Cost Approach(1992/Boston) SEMINAR (AI) - Rates&Ratios(1992/Boston) SEMINAR (AI) - International Appraising(1992/Boston) SEMINAR (AI) - Litigation Valuation/Mock Trial(1993) SEMINAR (AI) - ADA ACT(1993/Reno) SEMINAR (AI) - Hotel Valuation(1993) SEMINAR (AI) - Income Capitalization,Methods(1993) SEMINAR (AI) - Powerlines/Electromagnetic Radiation(1994) SEMINAR (AI) - Verifying Market Data(1994) SEMINAR (AI) - Market Studies for Appraisals(1994) SEMINAR (AI) - Florida Appraiser Core Law(USPAP/1994) 61 Page 3 of 5 E)EDUCATIONAL BACKGROUND-(Partial List,continued) SEMINAR (AI) - Limited Appraisals&Reports(USPAP/1994) SEMINAR (AI) - Public Safety&Property Values(1995) SEMINAR (AI) - Outparcel Valuation(1995) SEMINAR (AI) - Computer Technology Video Conference(1995) SEMINAR (AI) - The Internet&the Appraiser(1996) SEMINAR (AI) - Florida Commercial Construction(1996) SEMINAR (AI) - Real Property Rights in Florida(1996) COURSE (AI) - USPAP&Florida Real Estate Core Law(1996) SEMINAR (AI) - Valuation of Trees(199 7) 3-DAY COURSE - Environmental Permitting/Mitigation/Mitigation Banking/Contamination Risk Management- Liability/Wetlands/Hazardous Wastes/LenderLiability(1997/Marco Beach.FL) SEMINAR(AI) -Valuation of Transferable Development Rights[TDR's](1997) COURSE (AI) - Standards of Professional Practice,Part C,15 hour Course#430(1997) SEMINAR(AI) - Non-Conforming Uses(1998) SEMINAR(AI) - The Impact of Contamination on Real Estate Value(1998) COURSE (AI) - USPAP&Florida Real Estate Core Law(1998) SEMINAR(AI) - Econometrics/Statistical Valuation Methods(1999) COURSE (AI) - 14 Hour(2-day)Advanced Spreadsheet Modeling for Valuation Applications SEMINAR(AI) - Globalization of Real Estate/What U.S.Appraisers Need to Know(1999) SEMINAR(AI) - The Role of the Appraiser in Alternative Dispute Resolution(Mediation/Arbitration)(1999) SEMINAR(AI) - Technology Forum Part II/Intermediate(1999) SEMINAR(AI) - Client Satisfaction/Retention/Development(1999) SEMINAR(AI) - Attacking and Defending an Appraisal(1999) SEMINAR(AI) - Federal Appraisal Requirements("Yellow Book')(2000) SEMINAR(AI) - Regression Analysis in Appraisal Practice:Concepts&Applications(2000) SEMINAR(AI) -Analyzing Income Producing Properties(2000) SEMINAR(ATIF) - 1031 Tax Deferred Exchanges(2000) COURSE (AI) -USPAP&Florida Real Estate Core Law(2000) SEMINAR(AI) - Mediation&Alternate Dispute Resolution Seminar(2001) SEMINAR(AI) - State of the Appraisal Profession(2001) 2-Day SEMINAR - Eminent Domain,by CLE International,Tampa,Florida(200 1) SEMINAR(AI) -Ad Valorem Assessment Process in Florida(2002) SEMINAR(AI) -Role of Real Estate Appraisers in Bankruptcy Proceedings(2002) SEMINAR(AI) -Appraisers&the Gramm-Leach-Bliley Federal Privacy Act(2002) SEMINAR(AI) -How to Appraise the Ugly House(2002) COURSE(AI) -2-Day Course#430,Standards of Professional Practice,Part C(2002) SEMINAR(AI) -Market Trends for 2003(2003) SEMINAR(AI) -Update on Code of Professional Ethics(2003) PANEL(AI) -Moderator"Industry,Consumer&Congressional Views on Predatory Lending"D.C.(2003) SEMINAR(AI) -Florida State Law for Real Estate Appraisers(2003) SEMINAR(AI) -Appraisal Agreements(2003) SEMINAR(AI) -Analyzing Distressed Real Estate(2004) SEMINAR(AI) -Valuation for Financial Reporting Purposes(2004) SEMINAR(AI) -7 Hour National USPAP Update Course#1400(2004) SEMINAR(AI) -Inverse Condemnation(2004) SEMINAR(AI) -Appraiser Independence in the Loan Process(2004) SUMMIT (AI) -Moderator at 2-day Appraisal Summit in Washington,D.C.(12/2004) SEMINAR(AI) -Loss Prevention Program for Real Estate Appraisers(2005) SEMINAR(AI) -Valuation of Wetlands(7/2005) SEMINAR(AI) -Tri-County Residential Symposium(8/2005) SEMINAR(AI) -"Cool Tools"Internet Resources and Use for Valuation(2/2006) SEMINAR(AI) -FREAB 7-Hour National USPAP Update(5/2006) SEMINAR(AI) -FREAB 3-Hour Florida State Law for Real Estate Appraisers(5/2006) SEMINAR(AI) -USPAP Scope of Work&New Requirements(8/2006) SEMINAR(AI) -USPAP Reappraising,Readdressing&Reassigning Appraisal Reports(2/2007) SEMINAR(AI) -Al Summary Appraisal Report/Residential(4/07) COURSE(Fla..) -14-Hour Continuing Education(including 3-Hour Florida Core Law)(7/2007) SEMINAR(AI) -Real Estate Fraud:Appraisers Beware!(8/2007) SEMINAR(AI) - Florida Law for Real Estate Appraisers(11/2007) COURSE(AI) -Business Practices and Ethics—8 hours(12/2007) SEMINAR(AI) -Supervisor Trainee Roles and Rules(2/2008) SEMINAR(AI) -7 Hour National USPAP(4/2008) SEMINAR(AI) -USPAP Hypothetical Conditions&Extraordinary Assumptions(5/2008) SEMINAR(AI) -Litigation Skills for the Appraiser—7-Hour Seminar(9/2008) SEMINAR(AI) -Public Sector Appraising(2/2009) 62 Page 4 of 5 E)EDUCATIONAL BACKGROUND-(Partial List,continued) WEBINAR(AI) -Develop an Effective Marketing Plan(3/2009) SEMINAR(AI) -Inspecting the Residential"Green House"(4/2009) SEMINAR(AI) -Property Tax Assessment(5/2010) SEMINAR(AI) -Supervisor Trainee Roles and Rules(7/2010) SEMINAR(AI) -Florida Law for Real Estate Appraisers(7/2010) SEMINAR(AI) -7-Hour Introduction to Valuation for Financial Reporting—Chicago(5/2009) SEMINAR(AI) -Government Regulations&Their Effect on R.E.Appraising(8/2009) SEMINAR(AI) -R.E.Market:How We Got Here,Where We Are,Where We're Going(10/2009) SEMINAR(AI) -7 Hour National USPAP Update Course(10/1/2010) COURSE (AI) -7 Hour Introduction to Conservation Easement Valuation(12/10/2010) SEMINAR(AI) -The Real Estate Market(2/18/2011) COURSE (AI) - 16 Hours Uniform Appraisal Standards for Federal Land Acquisitions("Yellow Boob')(2/25-26/2011) WEBINAR(AI) -Real Estate Industry Perspectives on Lease Accounting(4/7/2011) COURSE (AI) - 15 Hour Appraisal Curriculum Overview(5/19-20/2011) WEBINAR(AI) -2-hour Investment Property Accounting Standards(6/8/2011) SEMINAR(AI) -3 Hour Spotlight on USPAP—Agreement for Services(7/15/2011) COURSE (AI) - 14 Hours(2-day)Advanced Excel Spreadsheet Modeling for Valuation Applications(9/22&9/23/2011) SEMINAR(AI) - Trial Components(11/4/11) SEMINAR(AI) - Lessons from the Old Economy Working in the New(1/20/2012) 7-Hour USPAP -National USPAP Update(3/9/2012) 3-Hour Fla..Law -State Law Update(3/9/2012) SEMINAR(AI) - Appraisal Review for General Appraisers(4/12/2012) SEMINAR(AI) - Land Valuation(4/20/2012) SEMINAR(AI) - The Valuation of Warehouses(6/22/2012) SEMINAR(AI) - Town Hall Meeting:2012 Appraisal Institute Forum(7/12/2012) SEMINAR(AI) - IRS Valuation(7/19/2012) SEMINAR(AI) - 7 Hour Business Practices and Ethics Course(12/7/2012) SEMINAR(AI) - Real Estate Forecast 2013(1/25/2013) COURSE(AI) - 7 Hour Advanced Marketability Studies(5/6/2013) SEMINAR(AI) - Developing a Supportable Workfile(11/15/2013) SEMINAR(AI) - Florida Appraisal Law Course(2/7/2014) SEMINAR(AI) - Liability Issues for Appraisers performing Litigation&Non-Lending Work(2/24/2014) COURSE(AI) - 7 Hour National USPAP Update Course(4/25/2014) SEMINAR(AI) - Economic Conditions(5/16/2014) SEMINAR(AI) - Fundamentals of Going Concerns(7/16/2014) SEMINAR(AI) - Litigation Assignments for Residential Appraisers(7/24/2014) SEMINAR(AI) - Economic Engines of Miami-Dade County,Florida(1/23/2015) SEMINAR(AI) - Economic Engines Driving Broward County,Florida(5/15/2015) 3-Hour Fla.Law - Florida Real Estate Broker 14-hour Continuing Education Course (incl.3 hour core law)with exam(9/2015) SEMINAR(AI) -Drone Technology&its Effect on Real Estate Valuations(11/2015) SEMINAR(AI) -Loss Prevention for Real Estate Appraisers(1/22/2016) COURSE(AI) -7-Hour National USPAP Update Course(4/22/2016) SEMINAR(AI) -3-Hour Florida Appraisal Law(4/22/2016) SEMINAR(AI) -4-Hour Appraisals in the Banking Environment(5/6/2016) SEMINAR(AI) -Appraising the Tough One:Mixed Use Properties(8/19/2016) SEMINAR(AI) -4-Hour Business Practices&Ethics(12/02/2016)5-Year Requirement WEBINAR(AI) -2-Hour Yellow Book Changes—Overview for Appraisers(1/11/2017) SEMINAR(AI) -3-Hours Economic Engines Driving Broward County in 2017(1/27/2017) COURSE(AI) -7-Hours:Introduction to Green Buildings Principles&Concepts(2/24/2017) 63 Page 5 of 5 F)APPRAISAL TEACHING EXPERIENCE Licensed by the Florida Department of Education to Teach(Certificate No.275236). Authored and taught Residential and Commercial Real Estate Appraisal Courses for Broward County Adult Education Program. Taught Course 101 - Society of Real Estate Appraisers. Taught Course 201 - Society of Real Estate Appraisers. Taught Appraisal Seminars-Board of Realtors,ASA, SREA,and Al (Appraisal Institute). Adjunct Professor, University of Florida Division of Continuing Education: (taught Course 2, "Real Estate Principles and Practices" to prospective Florida Real Estate Brokers). G)PROFESSIONAL OFFICES HELD/AWARDS NATIONAL B.O.D.MEMBER - BOARD OF DIRECTORS of APPRAISAL INSTITUTE (2006-2008) AWARD - Appraisal Institute`NATIONAL PRESIDENTS AWARD"2008 AWARD - Appraisal Institute"LIFETIME ACHIEVEMENT AWARD"2011 For"high ethical standards,contributions to the Appraisal Institute,Community and Appraisal Profession for at least 20 years." CHAIR - REGION X -All of Florida -Appraisal Institute(2008) VICE-CHAIR - REGION X -All of Florida -Appraisal Institute(2007) THIRD DIRECTOR - REGION X -All of Florida -Appraisal Institute(2006) FINANCE OFFICER - REGION X—All of Florida—Appraisal Institute(2006) PRESIDENT - BROWARD COUNTY,SOCIETY OF REAL ESTATE APPRAISERS PRESIDENT - BROWARD COUNTY,AMERICAN SOCIETY OF APPRAISERS CHAIR - FLA.STATE GOVERNMENT RELATIONS SUBCOMMITTEE OF Al CHAIR - FLA.STATE LEGISLATION&REGULATION SUBCOMMITTEE OF Al G)PROFESSIONAL OFFICES HELD/AWARDS CHAIR - FLORIDA REALTORS COMMITTEE ON COMMITTEE REFORMS CHAIR - EDUCATION COMMITTEE,FT.LAUDERDALE CHAPTER Al CHAIR - CANDIDATES GUIDANCE COMMITTEE,FT.LAUDERDALE CHAPTER Al CHAIR - NATIONAL Valuation for Financial Reporting PROJECT TEAM OF Al VICE CHAIR&MEMBER - NATIONAL GOVERNMENT RELATIONS COMMITTEE OF Al(15 Years) MEMBER - NATIONAL LONG RANGE PLANNING COMMITTEE OF Al MEMBER - NATIONAL PUBLIC AFFAIRS COMMITTEE OF Al DIRECTOR - REGION X(Florida)Appraisal Institute MEMBER - REGION X(FLORIDA)ETHICS AND COUNSELING PANEL DIRECTOR - BROWARD COUNTY,FLORIDA SOCIETY OF REAL ESTATE APPRAISERS DIRECTOR - SOUTH FLORIDA CHAPTER AMERICAN SOCIETY OF APPRAISERS MEMBER - NATIONAL EXPERIENCE REVIEW PANEL MEMBER OF Al SPECIAL MASTER - BROWARD COUNTY BOARD OF TAX ADJUSTMENT COMMISSIONER - 17TH JUDICIAL CIRCUIT COURT,Broward County,FL MEMBER - 2013 APPRAISAL INSTITUTE NATIONAL BUSVAL PROJECT TEAM H)PROFESSIONAL PUBLICATIONS&PRESENTATIONS Wrote and taught a basic Residential Appraisal Course for the Broward County Adult Education Div.of the Dept.of Education; Wrote and taught an Income Appraisal Course for the Broward County Adult Education Division of the Department of Education; Co-authored and taught an appraisal course on Mortgage-Equity Capitalization for the American Society of Appraisers. Authored and taught a Florida State and Appraisal Institute 3-hour accredited course in"The Legislation,Regulation and Appraisal of Real Property Rights in Florida September 7,1996. Presentation on"Gramm-Leach-Bliley"Federal Privacy Act of 1999 for South Florida Chapter of American Society of Appraisers on October 24,2001. Presented 3-hour Florida CEU-credit seminar on"Appraisers and the Gramm-Leach-Bliley Act"before the South Florida Chapter of the Appraisal Institute on July 27,2002. Presenter at 6.5 Hour CLE-credit Attorney Seminar on Florida Eminent Domain,"Valuation and Damage Issues" February 2,2006, Fort Lauderdale,Florida P CIVIC INVOLVEMENT MEMBER OF ROTARY INTERNATIONAL/PAUL HARRIS FELLOW MEMBER OF THE GREATER FORT LAUDERDALE OPERA GUILD MEMBER FLORIDA PHILHARMONIC BROWARD TRUSTEES MEMBER OF THE BROWARD COUNTY LIBRARY SUPPORT GROUP("BYBLOS") MEMBER CIRCLE OF FRIENDS—NOVA SOUTHEASTERN LIBRARY FOUNDATION MEMBER NOVA SOUTHEASTERN UNIVERSITY ALUMNI ASSOCIATION MEMBER OF THE FORT LAUDERDALE HISTORICAL SOCIETY MEMBER OF THE BROWARD COUNTY MUSEUM OF THE ARTS MEMBER OF THE FORT LAUDERDALE/BROWARD COUNTY CHAMBER OF COMMERCE MEMBER OF THE BETTER BUSINESS BUREAU OF SOUTH FLORIDA LIFETIME HONORARY MEMBER FLORIDA SHERIFF'S ASSOCIATION MEMBER NATIONAL&FT.LAUDERDALE COUNCILS U.S.NAVY LEAGUE U.S.ARMY VETERAN WWII(RA 1721268 1)-HONORABLE DISCHARGE 1949 64 I of 4 Vance Beal Estate Service ir 01% Claudia Vance, MAI Appraiser - Real Estate Analyst Reviewer Vance Real Estate Service - 7481 NW 4 Street Plantation - FL - 33317 Office: 954.583.2116 Cell: 954.647.7148 Email: vanceval �,att.net Web Site: www.vancerealestateservice.com Vance Real Estate Service is a Veteran-Owned Small Business (VOSB) and Florida Certified SDVBE Minority Business Enterprise specializing in personalized real estate valuation services in Florida for over 35 years. Designated appraisers perform the appraisal work,no trainees. Our appraisals are used for financial/mortgage loan purposes from large mixed use complexes to small owner-occupied properties. We have the qualifications for appraisals submitted to SBA. Jesse B. Vance, Jr., MAI, SRA, ASA and Claudia Vance, MAI are qualified as expert witnesses for eminent domain, deficiency judgments, marriage dissolution, and estates. Our firm values most types of real property interests, timely, professionally,and at competitive costs. PROFESSIONAL QUALIFICATIONS A)PROFESSIONAL DESIGNATIONS/LICENSES MAI Designation- APPRAISAL INSTITUTE No.9451 State-Certified General Real Estate Appraiser No.RZ-173 Florida State Licensed Real Estate Broker No.BK 0161305 VOSB Veteran-Owned Small Business(CCR/Duns 826494957) B)WORK HISTORY 1983 -Current Vice President-Vance Real Estate Service 1981-1983 President-The Appraisal Company,Fort Lauderdale,Florida 1979-1981 Staff Appraiser -Real Property Analysts,Inc.,Fort Lauderdale,Florida 1976-1980 REALTOR-Associate-The Atwood Corporation,Fort Lauderdale,Florida 1973-1975 Teacher of Secondary Language Arts in the Jefferson Parish School in Louisiana C)QUALIFIED AS AN EXPERT WITNESS IN REAL ESTATE VALUATION U.S.Bankruptcy Court,Southern District of Florida Florida Circuit Court:Broward County D)APPRAISER SPECIAL MAGISTRATE FOR THE BROWARD CO VALUE ADJUSTMENT BOARD 2002-2010 E)EXPERIENCE:35+years appraising and analyzing real property interests in South Florida. Partial list of real property types valued: High value residences, Condominiums/ Co-operatives, Office, Industrial, Multi-family, Restaurants/bars, Auto dealerships, City Centers, Hotels/motels, Houses of worship, Schools, Child care centers, Self-storage, Funeral home, Animal Hospital, Mixed use,Nursing homes, Gas sales stations, Marinas, Mobile home parks, Shopping centers, Country clubs/golf courses, Financial institutions,Bowling centers,Vacant land, Agricultural properties,Environmentally sensitive land Tvpes of Reports: Market Value, Eminent Domain, Marketability, Feasibility, Highest and Best Use, Investment Analyses, Partial Interests, Easement Valuations,Estate planning,Marriage dissolution,Land use studies,Damage/Contamination studies 65 2 of 4 F)PARTIAL LIST OF CLIENTS— PRIVATE: Individuals,Corporations,Attorneys,Accountants,Habitat for Humanity,Seminole Tribe of Florida COMMERCIAL BANKS: Wells Fargo; BankAtlantic; SunTrust Citigroup; Space Coast Credit Union; State Farm Bank; Florida Shores Bank;American National Bank;Landmark Bank;City National Bank;Englewood Bank&Trust SAVINGS & LOANS, INSURANCE COMPANIES, REAL ESTATE INVESTMENT TRUSTS, & REAL ESTATE TRANSFER COMPANIES,TITLE INSURANCE COMPANIES FLORIDA CITIES: Fort Lauderdale, Plantation, Cooper City, Deerfield Beach, Tamarac, Oakland Park, Wilton Manors, Davie, Hollywood, Pembroke Pines, Hallandale Beach, Lauderhill, Southwest Ranches, Miramar, Boca Raton, Boynton Beach,West Palm Beach,Delray Beach FLORIDA COUNTIES and AGENCIES: Broward, Palm Beach, Broward County Board of County Commissioners, School Board of Broward County,Broward County Housing Authority STATE OF FLORIDA Department of Transportation(FDOT),Department of Environmental Protection U.S.Department of Veterans Affairs,U.S.Department of Treasury(IRS),U.S Marshall's Service,U.S.Attorney G)EDUCATIONAL BACKGROUND Academic: Bachelor of Arts Degree—University of New Orleans,New Orleans,LA—Major: English Professional: Course 1-A (AIREA)- Introduction to Appraising Real Property, 1977,Passed Exam Course 1-B (AIREA)- Capitalization Theory and Techniques,1978,Passed Exam Course VIII(AIREA)- Residential Appraising,1978,Passed Exam Course SPP (AI) - Standards of Professional Practice,1992,Passed Exam Course 2-1 (AIREA)- Case Studies,1987,Passed Exam Course 2-2 (AIREA)- Report Writing, 1987,Passed Exam Course R-2 (SREA) - Report Writing, 1978,Passed Exam Course 202 (SREA) - Applied Income Property Valuation, 1983,Passed Exam Course 301 (SREA) - Applications/Appraisal Analysis, 1984,No Exam Course SPP (SREA) - Standards of Professional Practice,1989,No Exam Symposium (SREA)- Market Analysis, 1983,Philadelphia Symposium (SREA)- Market Analysis,1984,Atlanta Symposium (SREA)- Market Analysis,1985,Vancouver Symposium (SREA)- Market Analysis,1986,Atlantic City Symposium (SREA)- Market Analysis,1988,Los Angeles SEMINAR (AI) - Cost Approach(1992/Boston) SEMINAR (AI) - Rates&Ratios(1992/Boston) SEMINAR (AI) - International Appraising(1992/Boston) SEMINAR (AI) - Litigation Valuation/Mock Trial(1993) SEMINAR (AI) - ADA ACT(1993/Reno) SEMINAR (AI) - Hotel Valuation(1993) SEMINAR (AI) - Income Capitalization,Methods(1993) SEMINAR (AI) - Powerlines/Electromagnetic Radiation(1994) SEMINAR (AI) - Verifying Market Data(1994) SEMINAR (AI) - Market Studies for Appraisals(1994) SEMINAR (AI) - Florida Appraiser Core Law(USPAP/1994) SEMINAR (AI) - Limited Appraisals&Reports(USPAP/1994) SEMINAR (AI) - Public Safety&Property Values(1995) SEMINAR (AI) - Outparcel Valuation(1995) SEMINAR (AI) - Computer Technology Video Conference(1995) SEMINAR (AI) - The Internet&the Appraiser(1996) SEMINAR (AI) - Florida Commercial Construction(1996) SEMINAR (AI) - 1996 Data Exchange(1996) SEMINAR (AI) - Real Property Rights in Florida(1996) COURSE (AI) - USPAP&Florida Real Estate Core Law(1996) SEMINAR (AI) - Valuation of Trees(1997) 66 3 of 4 G)EDUCATIONAL BACKGROUND(Continued) SEMINAR(AI) - Valuation of Transferable Development Rights[TDR's](1997) COURSE (AI) - Standards of Professional Practice,Part C,15 hour Course#430(1997) SEMINAR(AI) - Non-Conforming Uses(1998) SEMINAR(AI) - The Impact of Contamination on Real Estate Value(1998) COURSE (AI) - USPAP&Florida Real Estate Core Law(1998) SEMINAR(AI) - Econometrics/Statistical Valuation Methods(1999) SEMINAR(AI) - Globalization of Real Estate/What U.S.Appraisers Need to Know(1999) SEMINAR(AI) - The Role of the Appraiser in Alternative Dispute Resolution(Mediation/Arbitration)(1999) SEMINAR(AI) - Technology Forum Part II/Intermediate(1999) SEMINAR(AI) - Client Satisfaction/Retention/Development(1999) SEMINAR(AI) - Attacking and Defending an Appraisal(1999) SEMINAR(AI) - Federal Appraisal Requirements(2000) SEMINAR(AI) - Regression Analysis in Appraisal Practice:Concepts&Applications(2000) SEMINAR(AI) -Analyzing Income Producing Properties(2000) COURSE (AI) -USPAP&Florida Real Estate Core Law(2000) SEMINAR(AI) - Mediation&Alternate Dispute Resolution Seminar(2001) SEMINAR(AI) - State of the Appraisal Profession(2001) SEMINAR(AI) -Ad Valorem Assessment Process in Florida(2002) SEMINAR(AI) -Role of Real Estate Appraisers in Bankruptcy Proceedings(2002) SEMINAR(AI) -Appraisers&the Gramm-Leach-Bliley Federal Privacy Act(2002) SEMINAR(AI) -How to Appraise the Ugly House(2002) COURSE(AI) -2-Day Course#430,Standards of Professional Practice,Part C(2002) SEMINAR(AI) -Market Trends for 2003(2003) SEMINAR(AI) -Update on Code of Professional Ethics(2003) PANEL(AI) -Moderator"Industry,Consumer&Congressional Views on Predatory Lending"D.C.(2003) SEMINAR(AI) -Florida State Law for Real Estate Appraisers(2003) SEMINAR(AI) -Appraisal Agreements(2003) SEMINAR(AI) -Analyzing Distressed Real Estate(2004) SEMINAR(AI) - Valuation for Financial Reporting Purposes(2004) SEMINAR(AI) - National USPAP Course(2004) SEMINAR(AI) - Inverse Condemnation(2004) SEMINAR(AI) - Loss Prevention(2005) SEMINAR(AI) - Single Family Fraud Awareness(2005) SEMINAR(AI) - Guide to the new URAR form(2005) SEMINAR(AI) - Technologies for Real Estate Appraisers(2006) SEMINAR(AI) - The Appraiser's Role in New Urbanism(2006) SEMINAR(AI) - National USPAP Update(2006) SEMINAR(AI) - Florida State Law for Real Estate Appraisers(2006) SEMINAR(AI) - Scope of Work and the New USPAP Requirements(2006) SEMINAR(AI) - Energy Star and the Appraisal Process(2006) SEMINAR(AI) - Reappraising,Readdressing,and Reassigning Appraisals(2007) SEMINAR(AI) - Real Estate Fraud(2007) SEMINAR(AI) - Forecasting Revenue(2007) SEMINAR(AI) - Florida Law for Real Estate Appraisers(2007) COURSE(AI) -Business Practice and Ethics#420(2007) SEMINAR(AI) -Supervisor—Trainee Roles and Rules(2008) COURSE(AI) -7 Hour National USPAP Update#400(2008) SEMINAR(AI) -Hypothetical Conditions and Assumptions(2008) SEMINAR(AI) -Real Estate Economy(2008) SEMINAR(AI) -Public Sector Appraising(2009) SEMINAR(AI) -Inspecting the residential"green"house(2009) WEBINAR(AI) -Value for Financial Reporting(2009) SEMINAR(AI) -The Real Estate Market in 2009 SEMINAR(AI) -New Government Regulations(2009) SEMINAR(AI) -Property Tax Assessment (2010) SEMINAR(AI) -7 Hour National USPAP (2010) SEMINAR(AI) -Florida Law for Real Estate Appraisers(2010) SEMINAR(AI) -Supervisor/Trainee Roles and Rules(2010) SEMINAR(AI) -The Real Estate Market(2011) SEMINAR(AI) -Uniform Appraisal Standards for Federal Land Acquisitions-"Yellow Boob'(2011) COURSE(AI) - 15 Hour Appraisal Curriculum Overview(2011) SEMINAR(AI) -Spotlight on USPAP—Agreement for Services(2011) SEMINAR(AI) -Trial Components(2011) 67 4of4 G)EDUCATIONAL BACKGROUND(Continued) SEMINAR(AI) -Lessons from the Old Economy Working in the New(2012) SEMINAR(AI) -Appraisal Review for General Appraisals(2012) COURSE(AI) -National USPAP Update(2012) SEMINAR(AI) -Florida Law(2012) SEMINAR(AI) -Land Valuation(2012) SEMINAR(AI) -Valuation of Warehouses(2012) SEMINAR(AI) -IRS Valuation(2012) SEMINAR(AI) -Business Practices and Ethics(2012) SEMINAR(AI) -Real Estate Forecast(2013) SEMINAR(AI) -Advanced Marketability Studies(2013) SEMINAR(AI) -Developing a Supportable Worktile(2013) SEMINAR(AI) -Florida Appraisal Law(2014) SEMINAR(AI) -Liability Issues for Appraisers performing Litigation&Non-Lending Work(2014) COURSE(AI) -7 Hour National USPAP Update Course(2014) SEMINAR(AI) -Florida Law(2014) SEMINAR(AI) -New Real Estate Economy(2014) SEMINAR(AI) -Economic Engines of Miami-Date County(2015) SEMINAR(AI) -Economic Engines of Broward County(2015) SEMINAR(AI) -Tightening the Appraisal(2015) SEMINAR(AI) -Evaluating Commercial Construction(2015) SEMINAR(AI) -Drone Technology(2015) SEMINAR(AI) -Loss Prevention for Appraisers(2016) COURSE(AI) -7 Hour National USPAP Update(2016) SEMINAR(AI) -Florida Law(2016) SEMINAR(AI) -Redefining the Appraisal&Its Role in an Evolving Banking Environment(2016) H)PROFESSIONAL INVOLVEMENT Region X Representative of the Appraisal Institute 2006—2009 President of the South Florida Chapter of the Appraisal Institute-2003 First Vice-President of the South Florida Chapter of the Appraisal Institute-2002 Second Vice-President of the South Florida Chapter of the Appraisal Institute-2001 Secretary of the South Florida Chapter of the Appraisal Institute-2000 Treasurer of the South Florida Chapter of the Appraisal Institute-1999 Chair of the Education Committee of the S.Florida Chapter of the Appraisal Institute- 1995,1996,1997, 1998,2007-2016 Chair of the University Relations Committee of the South Florida Chapter of the Appraisal Institute-2006 Director of the South Florida Chapter of the Appraisal Institute 1996- 1998 Member of Region X(Florida)Ethics and Counseling Panel—Al Graduate of the Florida REALTORS Institute(GRI) Director of the Florida Association of REALTORS (FAR)-1981 Committee Member of the Florida Association of REALTORS,Education Committee 1980&1981 Chairman of the Education Committee of the Fort Lauderdale REALTORS- 1981 and 1982; Member 1978,1979,1980 Member of the Long Range Planning and Awards Committees of the Fort Lauderdale REALTORS Instructor for the Investment Division of the Fort Lauderdale REALTORS D PROFESSIONAL PUBLICATIONS&PRESENTATION Prepared and taught Mastering Real Estate Mathematics at the Fort Lauderdale Area Board of REALTORS Prepared and taught A Guide to Researching Real Estate Information in Broward County and Working Through the Basic Approaches to Market Value, Fort Lauderdale Area Board of REALTORS J) CIVIC INVOLVEMENT Member of the Navy League of the United States—Fort Lauderdale Council Lifetime Honorary Member-Florida Sheriff s Association Member of Zeta Tau Alpha Alumnae Fraternity 68 PURCHASE AND SALE AGREEMENT This Purchase and Sale Agreement (hereinafter "Agreement") is made and entered into as of the Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter "PURCHASER") and Valerie Brown-McIntosh-Mosley (hereinafter "SELLER"). In consideration of the mutual covenants and agreements herein set forth, the Parties hereto agree as follows: 1. PURCHASE AND SALE/PROPERTY. SELLER agrees to sell and convey to PURCHASER and PURCHASER agrees to purchase and acquire from SELLER, on the terms and conditions hereinafter set forth, the Properties located at 115 NE 4th Avenue, Boynton Beach, in Palm Beach County, Florida (the "Properties") and more particularly described as follows: The East 50 Feet of the South 100 feet of Lot 5, Block 3 of SHEPARD ADDITION TO BOYNTON BEACH, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, as recorded in Plat Book 2, Page 59,said lands situate, lying and being in Palm Beach County, Florida. 2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property shall be Two Hundred Seventy Five Thousand and 00/100 Dollars ($275,000.00), payable in cash, by wire transfer of United States Dollars at the Closing. 3. DEPOSIT. 3.1 Earnest Money Deposit. Within three(3) Business Days after the execution of the Purchase Agreement by both parties, PURCHASER shall deliver to Lewis, Longman & Walker, PA ("Escrow Agent") a deposit in the amount of Ten Thousand and 00/100 Dollars ($10,000.00) the "Deposit"). 3.2 Application/Disbursement of Deposit. The Deposit shall be applied and disbursed as follows: The Deposit shall be delivered to SELLER at Closing and the PURCHASER shall receive credit for such amount against the Purchase Price. If this Agreement is terminated during the Feasibility Period (hereinafter defined) for any reason, the Deposit shall be immediately refunded to the PURCHASER. If this Agreement is terminated due to a default, pursuant to Section 12,the Deposit shall be delivered to (or retained by, as applicable) the non-defaulting Party, and the non- defaulting Party shall have such additional rights, if any, as are provided in Section 12. 01504868-1 PURCHASER's Initials: SELLER's Initials: Purchase and Sale Agreement Page 2 of 14 3.3 Escrow Agent. PURCHASER and SELLER authorize Escrow Agent to receive, deposit and hold funds in escrow and, subject to clearance, disburse them upon proper authorization and in accordance with Florida law and the terms of this Agreement. The parties agree that Escrow Agent will not be liable to any person for misdelivery of escrowed items to PURCHASER and SELLER, unless the misdelivery is due to Escrow Agent's willful breach of this Agreement or gross negligence. If Escrow Agent interpleads the subject matter of the escrow, Escrow Agent will pay the filing fees and costs from the deposit and will recover reasonable attorney's fees and costs to be paid from the escrowed funds which are charged and awarded as court costs in favor of the prevailing party. All claims against Escrow Agent will be arbitrated, so long as Escrow Agent consents to arbitrate. 4. EFFECTIVE DATE. The date of this Agreement (the "Effective Date") shall be the date when the last one of the SELLER and PURCHASER has signed this Agreement. 5. CLOSING. The purchase and sale transaction contemplated herein shall close on or before July 31, 2021 (the "Closing"), unless extended by other provisions of this Agreement or by written agreement, signed by both parties, extending the Closing. 6. TITLE TO BE CONVEYED. At Closing, SELLER shall convey to PURCHASER, by Warranty Deed complying with the requirements of the Title Commitment(hereinafter defined), valid,good, marketable and insurable title in fee simple to the Property,free and clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the following (collectively, the "Permitted Exceptions"): (a) general real estate taxes and special assessments for the year of Closing and subsequent years not yet due and payable; (b) covenants, conditions, easements, dedications, rights-of-way and matters of record included on the Title Commitment or shown on the Survey (defined in Section 7), to which PURCHASER fails to object, or which PURCHASER agrees to accept, pursuant to Section 7.1 and Section 7.2 hereof. 7. TITLE REVIEW. Within five (5) days of the Effective Date, PURCHASER shall obtain, at the PURCHASER's expense, from a Title Company chosen by PURCHASER (hereinafter "Title Company"), a Title Commitment covering the Property and proposing to insure PURCHASER in the amount of the Purchase Price subject only to the Permitted Exceptions, together with complete and legible copies of all instruments identified as conditions or exceptions in Schedule B of the Title Commitment. Any and all assessments, outstanding utility charges, liens and other matters not constituting Permitted Exceptions shall be paid by Seller prior to or at closing from Seller's proceeds. PURCHASER shall examine the Title Commitment and deliver written notice to SELLER no later than thirty (30) days after the Effective Date notifying SELLER of any objections PURCHASER has to the condition of title (hereinafter "Title Objections"). If PURCHASER fails to deliver the Title Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If PURCHASER timely delivers the Title Objections,then SELLER shall have thirty(30) days to diligently and in good faith 01504868-1 PURCHASER's Initials: SELLER's Initials: Purchase and Sale Agreement Page 3 of 14 undertake all necessary activities to cure and remove the Title Objections (hereinafter "Cure Period"). In the event that SELLER is unable to cure and remove, or cause to be cured and removed, the Title Objections within the Cure Period, to the satisfaction of PURCHASER, then PURCHASER, in PURCHASER's sole and absolute discretion, shall have the option of(i) extending the Cure Period and the Closing for one additional thirty(30) day period, or(ii) accepting the title as it then is but using such portion of the Purchase Price as may be necessary to pay and satisfy any mortgages, outstanding utility charges, delinquent property taxes and/or code enforcement and contractors' liens or other recorded claims of lien upon the property, or (iii) canceling and terminating this Agreement, in which case, the Deposit shall be returned to PURCHASER and the Parties shall have no further obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. Prior to the Closing, PURCHASER shall have the right to cause the Title Company to issue an updated Title Commitment ("Title Update") covering the Property. If any Title Update contains any conditions which did not appear in the Title Commitment, and such items render title unmarketable, PURCHASER shall have the right to object to such new or different conditions in writing prior to Closing. All rights and objections of the Parties with respect to objections arising from the Title Update shall be the same as objections to items appearing in the Title Commitment, subject to the provisions of this Section. 7.1. Survey Review. PURCHASER, at PURCHASER's expense, shall obtain a current boundary survey (the "Survey") of the Property, indicating the number of acres comprising the Property to the nearest 1/100th of an acre. If the Survey discloses encroachments on the Property or that improvements located thereon encroach on setback lines, easements, lands of others or violate any restrictions, covenants of this Agreement, or applicable governmental regulations, the same shall constitute a title defect and shall be governed by the provisions of Section 7.1 concerning title objections. 7.2 SELLER Deliveries. SELLER shall deliver to PURCHASER the following documents and instruments within ten (10)days of the Effective Date of this Agreement, except as specifically indicated: 7.2.1 Copies of any reports or studies (including engineering, environmental, soil borings, and other physical inspection reports), in SELLER's possession or control with respect to the physical condition or operation of the Property, if any. 7.2.2 Copies of all licenses,variances, waivers, permits (including but not limited to all surface water management permits, wetland resource permits, consumptive use permits and environmental resource permits), authorizations, and approvals required by law or by any governmental or private authority having jurisdiction over the Property, or any portion thereof (the "Governmental Approvals"), which are material to the use or operation of the Property, if a ny. 01504868-1 PURCHASER's Initials: SELLER's Initials: Purchase and Sale Agreement Page 4 of 14 7.2.3 Prior to the Closing Date, SELLER shall execute and deliver to PURCHASER any and all documents and instruments required by PURCHASER, in PURCHASER's sole and absolute discretion, which: (i) effectuate the transfer to PURCHASER of those Governmental Approvals, or portions thereof which are applicable to the Property, that PURCHASER desires to have assigned to it, and/or (ii) cause the Property to be withdrawn from any Governmental Approvals. No later than thirty (30) days prior to the Closing Date, SELLER shall remedy, restore, and rectify any and all violations of the Governmental Approvals (including, but not limited to, any and all portions of the surface water management system, mitigation areas or other items which do not comply with the Governmental Approvals or applicable rules), if any. SELLER warrants that there will not be, at the time of Closing, any unrecorded instruments affecting the title to the Property, including, but not limited to any conveyances, easements, licenses or leases. 8. CONDITIONS TO CLOSING. PURCHASER shall not be obligated to close on the purchase of the Property unless each of the following conditions (collectively, the "Conditions to Closing") are either fulfilled or waived by PURCHASER in writing: 8.1. Representations and Warranties. All of the representations and warranties of SELLER contained in this Agreement shall be true and correct as of Closing. 8.2. Condition of Property. The physical condition of the Property shall be the same on the date of Closing as on the Effective Date, reasonable wear and tear excepted. 8.3. Pending Proceedings. At Closing, there shall be no litigation or administrative agency or other governmental proceeding of any kind whatsoever, pending or threatened, which has not been disclosed, prior to closing, and accepted by PURCHASER. 8.4. Compliance with Laws and Regulations. The Property shall be in compliance with all applicable federal, state and local laws, ordinances, rules, regulations, codes, requirements, licenses, permits and authorizations as of the date of Closing. 8.5. Occupancy. The property shall be conveyed to the PURCHASER at time of closing unoccupied. 9. CLOSING DOCUMENTS. The PURCHASER shall prepare, or cause to be prepared, the Closing Documents set forth in this Section, except for documents prepared by the SELLER'S Title Company. At Closing, SELLER shall execute and deliver, or cause to be executed and delivered to PURCHASER the following documents and instruments: 9.1. Deed. A Warranty Deed (the "Deed") conveying to PURCHASER valid, good, marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances and other conditions of title other than the Permitted Exceptions. 01504868-1 PURCHASER's Initials: SELLER's Initials: Purchase and Sale Agreement Page 5 of 14 9.2 Seller's Affidavits. SELLER shall furnish to PURCHASER an owner's affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against the Property under the applicable construction lien law; and that there are no parties in possession of the Property other than SELLER. SELLER shall also furnish to PURCHASER a non-foreign affidavit with respect to the Property. In the event SELLER is unable to deliver its affidavits referenced above, the same shall be deemed an uncured title objection. 9.3. Closing Statement. A closing statement setting forth the Purchase Price, the Deposit, all credits, adjustments and prorations between PURCHASER and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, which PURCHASER shall also execute and deliver at Closing. 9.4. Corrective Documents. Documentation required to clear title to the Property of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions. 9.5. Additional Documents. Such other documents as PURCHASER or the Title Company may reasonably request that SELLER execute and deliver, and any other documents required by this Agreement or reasonably necessary in order to close this transaction and effectuate the terms of this Agreement. 10. PRORATIONS, CLOSING COSTS AND CLOSING PROCEDURES. 10.1. Prorations. Assessments, rents, interest, insurance and other expenses of the Property shall be prorated through the day before Closing. PURCHASER shall have the option of taking over existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at Closing shall be increased or decreased as may be required by prorations to be made through the day prior to Closing. Advance rent and security deposits, if any,will be credited to PURCHASER. Taxes shall be prorated based upon the current year's tax with due allowance made for maximum allowable discount. 10.2 Ad Valorem Taxes. PURCHASER and SELLER shall comply with Section 196.295, Florida Statutes, with respect to the payment of prorated ad valorem taxes for the year of closing into escrow with the Palm Beach County Tax Collector's Office. In the event that, following the Closing, the actual amount of assessed real property tax on the Property for the current year is higher than any estimate of such tax used for purposes of the Closing, the parties shall re-prorate any amounts paid or credited based on such estimate as if paid in November. This shall survive the Closing. 10.3. Special Assessment Liens. Certified, confirmed and ratified special assessment liens imposed by public bodies as of Closing are to be paid by SELLER. Pending liens as of Closing shall be assumed by PURCHASER. If the improvement has been substantially completed as of the Effective Date, any pending lien shall be considered certified, confirmed or 01504868-1 PURCHASER's Initials: SELLER's Initials: Purchase and Sale Agreement Page 6 of 14 ratified and SELLER shall, at Closing, be charged an amount equal to the last estimate or assessment for the improvement by the public body. 10.4. Closing Costs. PURCHASER shall be responsible for recording the deed and all of the general closing expenses (settlement fee, courier fees, overnight package, etc.). SELLER is responsible for documentary stamps on the deed and their own legal fees. All other costs of closing shall be borne by PURCHASER. 10.5 Closing Procedure. PURCHASER shall fund the Purchase Price subject to the credits, offsets and prorations set forth herein. SELLER and PURCHASER (as applicable) shall execute and deliver to Closing Agent the Closing Documents. The Closing Agent shall, at Closing: (i) disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a "marked-up" Title Commitment to PURCHASER, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. 10.6 Existing Mortgages and Other Liens. At Closing, SELLER shall obtain, or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments applicable to and encumbering the Property. 11. REPRESENTATIONS, COVENANTS AND WARRANTIES. To induce PURCHASER to enter into this Agreement, SELLER makes the following representations, all of which, to the best of its knowledge, in all material respects and except as otherwise provided in this Agreement (i) are now true, and (ii)shall be true as of the date of the Closing unless SELLER receives information to the contrary, and (iii) shall survive the Closing. In that event, PURCHASER shall be provided immediate notice as to the change to the following representations: 11.1 At all times from the Effective Date until prior to Closing, SELLER shall keep the Property (whether before or after the date of Closing) free and clear of any mechanic's or materialmen's liens for work or materials furnished to or contracted for, by or on behalf of SELLER prior to the Closing, and SELLER shall indemnify, defend and hold PURCHASER harmless from and against all expense and liability in connection therewith (including, without limitation, court costs and reasonable attorney's fees). 11.2 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by any organization, person, individual or governmental agency which would affect (as to any threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use, occupancy or value of the Property or any part thereof or which would otherwise relate to the Property. 11.3 SELLER has full power and authority to enter into this Agreement and to assume and perform its obligations hereunder in this Agreement. SELLER does not and will not conflict with or result in the breach of any condition or provision, or constitute a default under, or 01504868-1 PURCHASER's Initials: SELLER's Initials: Purchase and Sale Agreement Page 7 of 14 result in the creation or imposition of any lien, charge, or encumbrance upon any of the Property or assets of the SELLER by reason of the terms of any contract, mortgage, lien, lease, agreement, indenture, instrument or judgment to which the SELLER is a party of which is or purports to be binding upon the SELLER or which affects the SELLER; no action by any federal, state or municipal or other governmental department, commission, board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon the SELLER in accordance with its terms. 11.4 SELLER represents that SELLER will not, between the date of this Agreement and the Closing, without PURCHASER'S prior written consent, which consent shall not be unreasonably withheld or delayed, except in the ordinary course of business, create any encumbrances on the Property. For purposes of this provision the term "encumbrances"shall mean any liens, claims, options, or other encumbrances, encroachments, rights-of-way, leases, easements, covenants, conditions or restrictions. Additionally, SELLER represents that SELLER will not, between the date of this Agreement,and the Closing take any action to terminate or materially, amend or alter any existing leases presently in existence, without the prior consent of PURCHASER, which consent shall not be unreasonably withheld or delayed. 11.5 SELLER represents that there are no parties other than SELLER in possession of the Property or any portion of the Property as a lessee. 11.6 SELLER shall not list or offer the Property for sale or solicit or negotiate offers to purchase the Property while this Agreement is in effect. SELLER shall use its best efforts to maintain the Property in its present condition so as to ensure that it shall remain substantially in the same condition from the conclusion of the Feasibility Period to the Closing Date. 11.7 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by any organization, person, individual or governmental agency which would affect (as to any threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use, occupancy or value of the Property or any part thereof or which would otherwise relate to the Property. 11.8 SELLER represents that it has no actual knowledge nor has it received any notice that the Property has been, is presently or is contemplated to be utilized as a reservoir of hazardous material. As used herein, the term "Hazardous Material" shall mean any substance, water or material which has been determined by any state,federal or local government authority to be capable of posing a risk of injury to health, safety and property, including, but not limited to, all of those materials, wastes and substances designated as hazardous or toxic by the U.S. Environmental Protection Agency, the U.S. Department of Labor, the U.S. Department of Transportation, and/or any other state or local governmental agency now or hereafter authorized to regulate materials and substances in the environment (collectively "Governmental Authority(ies)"). 01504868-1 PURCHASER's Initials: SELLER's Initials: Purchase and Sale Agreement Page 8 of 14 11.9 SELLER represents to PURCHASER that the Property is not subject to any deed restrictions or declaration of restrictions running with the Property which would affect the use of the Property except those constituting Permitted Exceptions as defined above. 11.10 Between the date of this Agreement and the date of closing, SELLER will not file any application for a change of the present zoning classification of the Property. 11.11 Authority. The execution and delivery of this Agreement by SELLER and the consummation by SELLER of the transaction contemplated by this Agreement are within SELLER'S capacity and all requisite action has been taken to make this Agreement valid and binding on SELLER in accordance with its terms. The person executing this Agreement on behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this Agreement represents a valid and binding obligation of SELLER. 11.12 Title. SELLER is and will be on the Closing Date, the owner of valid, good, marketable and insurable fee simple title to the Property, free and clear of all liens, encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances of record which will be discharged at Closing). 11.13 Additional Warranties and Representations of SELLER. As a material inducement to PURCHASER entering into this Agreement, SELLER, to the best of SELLER'S information and belief, hereby represents and warrants the following: 11.13.1 There are no pending applications, permits, petitions, contracts, approvals,or other proceedings with anygovernmental or quasi-governmental authority, including but not limited to, PURCHASER, municipalities, counties, districts, utilities, and/or federal or state agencies, concerning the use or operation of, or title to the Property or any portion thereof and SELLER has not granted or is not obligated to grant any interest in the Property to any of the foregoing entities. 11.13.2 There are no facts believed by SELLER to be material to the use, condition and operation of the Property in the manner that it has been used or operated, which it has not disclosed to PURCHASER herein, including but not limited to unrecorded instruments or defects in the condition of the Property which will impair the use or operation of the Property in any manner. 11.13.3 To the best of SELLER'S knowledge, the Property and the use and operation thereof are in compliance with all applicable county and governmental laws,ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. 01504868-1 PURCHASER's Initials: SELLER's Initials: Purchase and Sale Agreement Page 9 of 14 12. DEFAULT. 12.1. Purchaser's Default. In the event that this transaction fails to close due to a wrongful refusal to close or default on the part of PURCHASER, subject to the provisions of Paragraph 12.3 below, the Deposit actually then being held by the Escrow Agent shall be paid by Escrow Agent to SELLER as agreed liquidated damages and, thereafter, neither PURCHASER nor SELLER shall have any further obligation or liabilities under this Agreement, except for those expressly provided to survive the termination of this Agreement; provided, however, that PURCHASER shall also be responsible for the removal of any liens asserted against the Property by persons claiming by, through or under PURCHASER, but not otherwise. PURCHASER and SELLER acknowledge that if PURCHASER defaults, SELLER will suffer damages in an amount which cannot be ascertained with reasonable certainty on the Effective Date and that the amount of the Deposit being held by Escrow Agent most closely approximates the amount necessary to compensate SELLER. PURCHASER and SELLER agree that this is a bona fide liquidated damages provision and not a penalty or forfeiture provision. 12.2. Seller's Default. In the event that SELLER shall fail to fully and timely perform any of its obligations or covenants hereunder or if any of SELLER'S representations are untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement, PURCHASER may, at its option: (1) declare SELLER in default under this Agreement by notice delivered to SELLER, in which event PURCHASER may terminate this Agreement and demand that the Deposit be returned, including all interest thereon if any, in accordance with Section 3 and neither Party shall have any further rights hereunder, or (2) seek specific performance of this Agreement, without waiving any action for damages. 12.3. Notice of Default. Prior to declaring a default and exercising the remedies described herein, the non-defaulting Party shall issue a notice of default to the defaulting Party describing the event or condition of default in sufficient detail to enable a reasonable person to determine the action necessary to cure the default. The defaulting Party shall have fifteen (15) days from delivery of the notice during which to cure the default. Both parties agree that if an extension is requested, such extension shall not be unreasonably withheld. If the default has not been cured within the aforesaid period, the non-defaulting Party may exercise the remedies described above. 12.4. Survival. The provisions of this section shall survive the termination of this Agreement. 13. NOTICES. All notices required in this Agreement must be in writing and shall be considered delivered when received by certified mail, return receipt requested, or personal delivery to the following addresses: If to Seller: Valerie Brown-McIntosh-Mosley 01504868-1 PURCHASER's Initials: SELLER's Initials: Purchase and Sale Agreement Page 10 of 14 115 NE 4th Avenue Boynton Beach, FL 33435 If to Purchaser: Michael Simon, Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4th Floor Boynton Beach, FL 33435 With a copy to: Kenneth Dodge Lewis, Longman & Walker, PA 515 North Flagler Drive, Suite 1500 West Palm Beach, FL 33401 14. BINDING OBLIGATION/ASSIGNMENT. The terms and conditions of this Agreement are hereby made binding on, and shall inure to the benefit of the successors and permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement without the prior written consent of PURCHASER, which shall not be unreasonably withheld. PURCHASER shall have the right to assign this Agreement to the City of Boynton Beach (the "City") without the prior consent of SELLER and the PURCHASER shall be released from any further obligations and liabilities under this Agreement. The PURCHASER may not assign this Agreement to any other party without the prior written approval of SELLER, which shall not unreasonably withheld. If PURCHASER has been dissolved as an entity while this Agreement and/or the attached Lease Agreement are in effect, the provisions of section 163.357(1), Florida Statutes, (as it may be amended from time to time), shall apply. 15. BROKER FEES. The SELLER and PURCHASER hereby state that they have not dealt with a real estate broker in connection with the transaction contemplated by this Agreement and are not liable for a sales commission. SELLER shall indemnify, defend and hold harmless the PURCHASER from and against any and all claims, losses, damages, costs or expenses (including, without limitation, attorney's fees) of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by SELLER on its behalf with any broker or finder in connection with this Agreement. The provisions of this Section shall survive Closing or termination of this Agreement. 16. ENVIRONMENTAL CONDITIONS. 16.1. For purposes of this Agreement, pollutant ("Pollutant") shall mean any hazardous or toxic substance, material, or waste of any kind or any contaminant, pollutant, petroleum, petroleum product or petroleum by-product as defined or regulated by environmental laws. Disposal ("Disposal") shall mean the release, storage, use, handling, discharge, or disposal of 01504868-1 PURCHASER's Initials: SELLER's Initials: Purchase and Sale Agreement Page 11 of 14 such Pollutants. Environmental laws ("Environmental Laws") shall mean any applicable federal, state, or local laws, statutes, ordinances, rules, regulations or other governmental restrictions. 16.1.1 As a material inducement to PURCHASER entering into this Agreement, SELLER hereby warrants and represents the following, as applicable: (1) That SELLER and occupants of the Property have obtained and are in full compliance with any and all permits regarding the Disposal of Pollutants on the Property or contiguous property owned by SELLER, to the best of SELLER'S knowledge. (2) SELLER is not aware nor does it have any notice of any past, present or future events, conditions, activities or practices which may give rise to any liability or form a basis for any claim,demand,cost or action relating to the Disposal of any Pollutant on the Property. SELLER is not aware nor does it have any notice of any past, present or future events, conditions, activities or practices on contiguous property that is owned by SELLER which may give rise to any liability or form a basis for any claim,demand,cost or action relating to the Disposal of any Pollutant affecting the SELLER'S property. (3) There is no civil, criminal or administrative action, suit, claim, demand, investigation or notice of violation pending or, to the best of that entity's knowledge, threatened against SELLER or the Property relating in any way to the Disposal of Pollutants on the Property, any portion thereof, or on any contiguous property owned by SELLER. 17. PERSONAL PROPERTY AND FIXTURES. SELLER shall have the right, in SELLER's sole discretion, to remove all personal property and fixtures from the Premises prior to closing. Any such removal shall be at SELLER's sole cost and expense. Following removal, the Property shall be secured as necessary to prevent intrusion and consistent with the requirements of the City of Boynton Beach. 18. PUBLIC RECORDS. PURCHASER is a public agency subject to Chapter 119, Florida Statutes. The SELLER is hereby notified that the PURCHASER is required by law, pursuant to Chapter 119, to maintain and disclose upon request all records deemed public under the statute including this Agreement and some or all of the documents necessary to consummate the transaction set forth herein. To the extent that any litigation should be instituted by SELLER, either directly or as a third party, to prevent or prohibit PURCHASER from disclosing or providing documents involving this Agreement or the transaction set forth in the Agreement pursuant to a public records request submitted under Chapter 119, SELLER agrees that PURCHASER may either: 1) defend the claim up to and including final judgment,or 2) interplead the challenged documents into the court. In either event, SELLER agrees to pay PURCHASER's reasonable attorneys' fees and costs, both trial and appellate. 19. MISCELLANEOUS. 01504868-1 PURCHASER's Initials: SELLER's Initials: Purchase and Sale Agreement Page 12 of 14 19.1. General. This Agreement, and any amendment hereto, may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by the Parties. This Agreement sets forth the entire agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida, or,should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southern District of Florida. 19.2. Computation of Time. Any reference herein to time periods which are not measured in business days and which are less than six (6) days, shall exclude Saturdays, Sundays and legal holidays in the computation thereof. Any time period provided for in this Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the next full business day. Time is of the essence in the performance of all obligations under this Agreement. Time periods commencing with the Effective Date shall not include the Effective Date in the calculation thereof. 19.3. Waiver. Neither the failure of a party to insist upon a strict performance of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance of any item by a party with knowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights or remedies that a party may have or a waiver of any subsequent breach or default in any of such terms, provisions, covenants, agreements or conditions. This paragraph shall survive termination of this Agreement and the Closing. 19.4. Construction of Agreement. The Parties to this Agreement, through counsel, have participated freely in the negotiation and preparation hereof. Neither this Agreement nor any amendment hereto shall be more strictly construed against any of the Parties. As used in this Agreement, or any amendment hereto, the masculine shall include the feminine, the singular shall include the plural, and the plural shall include the singular, as the context may require. Provisions of this Agreement that expressly provide that they survive the Closing shall not merge into the Deed. 19.5. Severability. If any provision of this Agreement or the application thereof shall,for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall 01504868-1 PURCHASER's Initials: SELLER's Initials: Purchase and Sale Agreement Page 13 of 14 be affected thereby, but instead shall be enforced to the maximum extent permitted by law.The provisions of this Section shall apply to any amendment of this Agreement. 19.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by PURCHASER and SELLER shall control all printed provisions in conflict therewith. 19.7 Waiver of Jury Trial. As an inducement to PURCHASER agreeing to enter into this Agreement, PURCHASER and SELLER hereby waive trial by jury in any action or proceeding brought by either party against the other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 19.8. Attorney's Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including those at the appellate level, shall be awarded to the prevailing party. 19.9 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the PURCHASER and SELLER has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. 19.10 Recording. This Agreement may not be recorded in the Public Records of Palm Beach County, Florida without the prior approval of both parties. 19.11 Survival. The covenants, warranties, representations, indemnities and undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and recording of the SELLER'S Property Deed and PURCHASER's possession of the Property. 19.12 SELLER and PURCHASER Attorneys' Fees and Costs. SELLER and PURCHASER acknowledge and agree that SELLER and PURCHASER shall be responsible for its own attorneys' fees and all costs, if any, incurred by SELLER or PURCHASER in connection with the transaction contemplated by this Agreement. SIGNATURES ON FOLLOWING PAGE 01504868-1 PURCHASER's Initials: SELLER's Initials: Purchase and Sale Agreement Page 14 of 14 IN WITNESS WHEREOF,the Parties have executed this Agreement as of the Effective date. PURCHASER: SELLER: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Printed Name: Steven B. Grant /rinted Name: Valerie Brown-McIntosh-Mosley Date:06/22/2021 Title: Chair WITNESS: Date: Printed Name: Robert F McIntosh WITNESS: Date: 06/22/2021 Printed Name: ESCROW AGENT Lewis, Longman & Walker, P.A. Printed Name: Date: 01504868-1 PURCHASER's Initials: SELLER's Initials: APPRAISAL REPORT ONE FAMILY RESIDENCE 115 NORTHEAST 4 AVENUE BOYNTON BEACH,FLORIDA 33435 by Vance Real Estate Service 7481 Northwest Fourth Street Plantation,Florida 33317-2204 for Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue Boynton Beach, FL 33435 July 1, 2021 Vance Real Estate Service sf, July 1,2021 Boynton Beach Community Redevelopment Agency � �`�`}�' 100 E. Ocean Avenue Boynton Beach, FL 33435 i i RE: One family residence, 115 Northeast 4 Avenue, Boynton Beach, FL 33435 (Legal description is in the report) Ladies and Gentlemen: In fulfillment of our agreement, we transmit our Appraisal Report, in which we develop an opinion of market value for the fee simple estate in the referenced real property as of July 1, 2021. The report sets forth our value conclusion, along with data and reasoning supporting our opinion. This report was prepared for and our professional fee billed to Boynton Beach Community Redevelopment Agency. Our analyses have been prepared in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP 2020-2022). This report is for exclusive use of the client for possible acquisition of the appraised property. ! Jesse B. Vance, Jr. and Claudia Vance visited the exterior of the property. If you have questions or further needs,please contact the undersigned. As a result of our analyses, we have developed the following opinion of the market value of the appraised property, subject to definitions, certifications, and limiting conditions set forth in the attached report. TWO HUNDRED TWENTY-SEVEN THOUSAND DOLLARS $227,000 I (THIS LETTER MUST REMAINATTACHED TO THE REPORT WTH SEVENTY-FOUR(74)NUMBERED PAGES FOR THE VALUE OPINION SET FORTH TO BE CONSIDERED VALID.) Respectfully submitted, Jesse B. Vance, Jr., MAI, SRA, ASA State-Certified General Real Estate Appraiser RZ-85 Claudia Vance, MAI State-Certified General Real Estate Appraiser RZ-173 MBA in REAL ESTATE DEVELOPMENT&MANAGEMENT 7481 Northwest 41h Street,Plantation,FL 33317-2204 954/583-2116 -- TABLE OF CONTENTS Pate Number Title Page i Letter of Transmittal ii Table of Contents iii INTRODUCTION 4 P otograp s o Subject t e Property 5 1-3-5 Mile Location Map 10 1-3-5 Mile Demographic Statistics 11 Summary of Important Facts and Conclusions 13 DESCRIPTIONS ANALYSES & CONCLUSIONS 14 I entity of Client and Intended User 15 Intended Use 15 Identification of Real Estate Appraised 15 Ownership 15 Property Address 15 Legal Description 15 Real Estate Tax Analysis 16 Flood zone 16 Market Area Description 16 Land Use & Zoning 22 Site Description 23 Improvement Description 24 Real Property Interest Appraised 26 Appraisal Purpose and Definition of Market Value 26 Effective Dates of the Appraisal and Report 27 Scope of the Work 27 Summary of Information Considered 27 Property History 28 Highest and Best Use 29 SALES COMPARISON APPROACH 32 Improved Sales es map 33 Improved Sales documentation 34 Improved Sales Comparison & Adjustment Chart 40 Valuation by the Sales Comparison Approach 41 FINAL VALUE OPINION 44 Certification and Limiting Conditions 45 ADDENDA 47 Subject Acquiring Deed 48 Flood zone determination 50 Building sketch 51 Sketch of survey 52 Zoning map & Land Use map 53 Residential zoning information 54 USPAP Standards Rule 2-2a 62 Qualifications of the Appraisers 66 INTRODUCTION �f qtl —"`- rAll 41 te 1 r tP N' Front(South)Building Elevation East Buildin Elevation ! NMI t TZ' �I r itP y. 1 tug' _ } � 1 f �� %fs£{Q;' � ��,/ V� � rev✓, � � s�.1''-�1 l .: 2 1 1 � { Y �` � r k� Sli r Rear Building Elevation Rear Yard it � Al t t, s r rPi i u: Front Porch Area Y � h SGP ' t1��AG,,Ettrrisk, i Bedroom Living Room PHOTOS OF THE VALUED PROPERTY(taken prior to the date of valuation) 115 NE 4 Avenue Boynton Beach,Florida 5 1. APi r4 fy�t� f, Bedroom Bathroom »v mar-..xr.. ,. _ �� _ .:,•�..� t�I, Kitchen Bedroom Mg t�l yst1y11)str (y�f�l s� h ��s` Bathroom added after purchase Utility Room ADDITIONAL PHOTOS OF THE VALUED PROPERTY (taken prior to the date of valuation) 115 NE 4 Avenue Boynton Beach,Florida 6 aux r t + + + 1 � � + + AERIAL VIEW OF THE APPRAISED PROPERTY, LOOKING NORTH it �xiti s + w x+� i a` x Y �b i T�sl 4 R'l AERIA VIEW OF THE APPRAISED PROPERTY, LOOKING WEST 'E r r �F. k f- AERIAL VIEW OF THE APPRAISED PROPER Y, LOOKING EAST i 1 E� s� r r {, r I F F- E � E r h AERIAL VIEW OF THE APPRAISED PROPER Y, LOOKING SOUTH s ua r Z.t�N s };"sirs ,'st,� F: } rss' ssi( �}$cy iaNsi,}Isr � ., r n { YS i5 Ch1 t a{{ C It > a—+ — S � E m � � LL 0 4=, ) u s k' 7O 0cn c r e' Q) h� (U 4 FU Lu F r L fit 0— a 5 K _ (17 qp Et t X LL MIN T, a ISO u i ,) st{{rr}r}»`i)}ttu r,' r , t } }rt,w) ,t, 66 1t } r ��i , Pohn Spro�,ps �� VI= Oko� r' LSM 4 x�t�°b f�,gr1,4a ee�1tar�� i 701 I 111 r r � �r m stt'5{,�r�„i w,NzF�� �p +9,. ,Sw Vallo'1 r y4,5 �1 Defray Simth 1-3-5 MILE RADII FROM THE VALUED REAL PROPERTY 115 NE 4th AVENUE BOYNTON BEACH, FLORIDA 33435 10 • Gesn" 115 NE 4th St, Boynton Beach, Florida, 33435 VANCE REAL ESTATE SERVICE Rings: 1, 3, 5 mile radii 1 mile 3 miles 5 miles Population 2000 Population 11,545 65,057 155,404 2010 Population 11,861 72,915 171,887 2020 Population 14,078 82,007 190,127 2025 Population 15,699 87,994 201,939 2000-2010 Annual Rate 0.27% 1.15% 1.01% 2010-2020 Annual Rate 1.69% 1.15% 0.99% 2020-2025 Annual Rate 2.20% 1.42% 1.21% 2020 Male Population 49.3% 47.9% 47.7% 2020 Female Population 50.7% 52.1% 52.3% 2020 Median Age 43.1 44.6 47.4 In the identified area, the current year population is 190,127. In 2010, the Census count in the area was 171,887. The rate of change since 2010 was 0.99% annually.The five-year projection for the population in the area is 201,939 representing a change of 1.21% annually from 2020 to 2025. Currently, the population is 47.7% male and 52.3%female. Median Age The median age in this area is 43.1, compared to U.S. median age of 38.5. Race and!Ethnicity 2020 White Alone 49.2% 59.0% 63.8% 2020 Black Alone 43.4% 32.3% 27.1% 2020 American Indian/Alaska Native Alone 0.3% 0.3% 0.3% 2020 Asian Alone 1.1% 1.9% 2.2% 2020 Pacific Islander Alone 0.0% 0.0% 0.0% 2020 Other Race 3.3% 3.7% 3.9% 2020 Two or More Races 2.6% 2.8% 2.6% 2020 Hispanic Origin (Any Race) 15.0% 17.9% 18.3% Persons of Hispanic origin represent 18.3% of the population in the identified area compared to 18.8% of the U.S. population. Persons of Hispanic Origin may be of any race.The Diversity Index, which measures the probability that two people from the same area will be from different race/ethnic groups, is 66.3 in the identified area, compared to 65.1 for the U.S. as a whole. Households 2020 Wealth Index 85 90 106 2000 Households 4,589 28,339 68,019 2010 Households 4,758 31,351 74,270 2020 Total Households 5,737 35,279 81,715 2025 Total Households 6,419 37,849 86,644 2000-2010 Annual Rate 0.36% 1.02% 0.88% 2010-2020 Annual Rate 1.84% 1.16% 0.94% 2020-2025 Annual Rate 2.27% 1.42% 1.18% 2020 Average Household Size 2.45 2.29 2.30 The household count in this area has changed from 74,270 in 2010 to 81,715 in the current year, a change of 0.94% annually. The five-year projection of households is 86,644, a change of 1.18% annually from the current year total. Average household size is currently 2.30, compared to 2.29 in the year 2010.The number of families in the current year is 46,593 in the specified area. Data Note:Income is expressed in current dollars. Housing Affordability Index and Percent of Income for Mortgage calculations are only available for areas with 50 or more owner-occupied housing units. Source:U.S. Census Bureau,Census 2010 Summary File 1. Esri forecasts for 2020 and 2025. Esri converted Census 2000 data into 2010 geography. May 31, 2021 11 • Gesn" 115 NE 4th St, Boynton Beach, Florida, 33435 VANCE REAL ESTATE SERVICE Rings: 1, 3, 5 mile radii 1 mile 3 miles 5 miles Mortgage';Income 2020 Percent of Income for Mortgage 20.8% 17.7% 18.8% Median Household Income 2020 Median Household Income $49,666 $54,398 $56,866 2025 Median Household Income $54,532 $58,413 $61,783 2020-2025 Annual Rate 1.89% 1.43% 1.67% Average Household Income 2020 Average Household Income $76,452 $78,216 $83,034 2025 Average Household Income $85,125 $86,247 $92,051 2020-2025 Annual Rate 2.17% 1.97% 2.08% Per Capita Income 2020 Per Capita Income $31,850 $33,849 $35,815 2025 Per Capita Income $35,517 $37,299 $39,619 2020-2025 Annual Rate 2.20% 1.96% 2.04% Households by Income Current median household income is$56,866 in the area, compared to $62,203 for all U.S. households. Median household income is projected to be $61,783 in five years, compared to $67,325 for all U.S. households Current average household income is$83,034 in this area, compared to $90,054 for all U.S. households. Average household income is projected to be $92,051 in five years, compared to $99,510 for all U.S. households Current per capita income is $35,815 in the area, compared to the U.S. per capita income of$34,136. The per capita income is projected to be $39,619 in five years, compared to $37,691 for all U.S. households Housing 2020 Housing Affordability Index 111 128 120 2000 Total Housing Units 5,684 34,154 81,138 2000 Owner Occupied Housing Units 3,042 20,406 51,456 2000 Renter Occupied Housing Units 1,547 7,933 16,562 2000 Vacant Housing Units 1,095 5,815 13,120 2010 Total Housing Units 6,541 40,167 92,476 2010 Owner Occupied Housing Units 2,863 20,049 52,043 2010 Renter Occupied Housing Units 1,895 11,302 22,227 2010 Vacant Housing Units 1,783 8,816 18,206 2020 Total Housing Units 7,693 43,811 99,324 2020 Owner Occupied Housing Units 3,316 21,504 55,199 2020 Renter Occupied Housing Units 2,422 13,775 26,515 2020 Vacant Housing Units 1,956 8,532 17,609 2025 Total Housing Units 8,504 46,671 104,657 2025 Owner Occupied Housing Units 3,544 22,459 57,329 2025 Renter Occupied Housing Units 2,875 15,390 29,315 2025 Vacant Housing Units 2,085 8,822 18,013 Currently, 55.6% of the 99,324 housing units in the area are owner occupied; 26.7%, renter occupied; and 17.7% are vacant. Currently, in the U.S., 56.4% of the housing units in the area are owner occupied; 32.3% are renter occupied; and 11.3% are vacant. In 2010, there were 92,476 housing units in the area - 56.3% owner occupied, 24.0% renter occupied, and 19.7% vacant. The annual rate of change in housing units since 2010 is 3.23%. Median home value in the area is$255,514, compared to a median home value of$235,127 for the U.S. In five years, median value is projected to change by 2.36% annually to$287,155. Data Note:Income is expressed in current dollars. Housing Affordability Index and Percent of Income for Mortgage calculations are only available for areas with 50 or more owner-occupied housing units. Source:U.S. Census Bureau,Census 2010 Summary File 1. Esri forecasts for 2020 and 2025. Esri converted Census 2000 data into 2010 geography. May 31, 2021 12 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS PROPERTY APPRAISED: Single family residence 115 Northeast 4 Avenue Boynton Beach, FL 33435 OWNERSHIP: Valrie Brown McIntosh 115 Northeast 4 Avenue Boynton Beach, FL 33435 LAND AREA: 5,000 square feet IMPROVEMENTS: Single family residence containing 1,134 square feet of building area, constructed in 1930. There are three bedrooms and two bathrooms, and no enclosed car storage structure. ZONING: "R-2", Single and two-family residential district in the city of Boynton Beach LAND USE: McDR, Medium Density Residential APPRAISAL PURPOSE: To develop an opinion of market value INTEREST APPRAISED: Fee simple CURRENT USE: Single family residence HIGHEST AND BEST USE: As vacant: One family residence Alternately, assemble with adjacent properties for a larger residential project in the Cottage District of Boynton Beach As improved: Single family residence VALUE BY THE SALES COMPARISON APPROACH: TWO HUNDRED TWENTY-SEVEN THOUSAND DOLLARS 227 000 VALUATION DATE: July 1, 2021 Exposure Time: 3-6 months prior to selling at the appraised value. Marketing Time: 3 months immediately following the effective date of appraisal during which time the subject property should sell at the appraised value. 13 DESCRIPTIONS, ANALYSES, CONCLUSIONS APPRAISAL REPORT This is an APPRAISAL REPORT that complies with Standard Rule 2-2(a) of the Uniform Standards of Professional Appraisal Practice (USPAP 2020 - 2022) 2-2(a)(i) State the identity of the client; The client and intended user of this report is the Boynton Beach Community Redevelopment Agency. 2-2(a)(ii) State the identity of any other intended users by name or type; None 2-2(a)(iii) State the intended use of the appraisal; The intended use of the appraisal is for possible acquisition of the appraised property. 2-2(a)(iv) Contain information, documentation, and/or exhibits sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic property characteristics relevant to the assignment; Owner: Valrie Brown McIntosh 115 Northeast 4 Avenue Boynton Beach, FL 33435 Property Address: 115 Northeast 4 Avenue Boynton Beach, FL 33435 Legal Description: East 50 feet of the South 100 feet, Lot 5, Block 3, SHEPARD ADDITION to BOYNTON BEACH, Plat Book 2, page 59, Palm Beach County, FL 15 APPRAISAL REPORT (continued) Census Tract No. 61 Real Estate Tax: Parcel Control Number: 08 43 45 2129 003 0052 Land Value: $ 30,000 Improvement Value: 89,351 Total Value: $119,351 Assessed Value: $ 48,537 Taxable Value: $ 23,537 Ad Valorem Tax: $ 504 Non Ad Valorem Tax: $ 293 Total Tax: $ 797 There is a homestead exemption on this property. Properties are assessed in arrears by the county property appraiser. The tax bill is issued in November and a 4% discount is given to a tax payer if the amount is paid in November. The discount diminishes until March, when the tax is due and payable. Flood Zone: Zone "X", according to Map Number 12099C0791F. Zone "X" is not in a Special Flood Hazard Area. FEMA flood zone map for the valued property is in the Addenda. Market Area Description: Boundaries and Market Composition & Transportation Infrastructure The general market area is the City of Boynton Beach in eastern-central Palm Beach County. Population of the city is about 79,000 residents; land area of the municipality is about 16 square miles situated between Delray Beach on the south and Lake Worth on the north. The town was named for an early developer, Nathan Boynton, a former major in the Union Army in the Civil War. The city was founded in 1898 and incorporated in 1920. 16 APPRAISAL REPORT Most of the original buildings were destroyed in the hurricane of 1926, though a few remain. Those few which were constructed in the early 1920s that are still in use have had repairs and replacements over the decades changing their historical significance. Time and economic trends take a toll on properties; thus, in 1984 a redevelopment plan was adopted for the Community Redevelopment Area (CRA) in the city. It covers 1,650 acres in the central part of the municipality west of the Intracoastal Waterway. Agriculture and farming had been important activities in past centuries in Boynton Beach. Commerce came to the area when Henry Flagler extended the Florida East Coast Railway from West Palm Beach to Miami in 1896. The railroad was the main mode of transportation to bring visitors and manufactured products to the town as well as transporting produce grown in the vicinity out of the area to other cities in the southeastern United States. Freight trains still run through the subject market area on the FEC tracts. Higher speed, passenger Brightline train runs along the FEC tract, but does not stop in Boynton Beach. There are three depots with one in downtown Miami, one in downtown Fort Lauderdale and the third in downtown West Palm Beach. Boca Raton, Palm Beach County, and Aventura and the Port of Miami, Miami-Dade County will be the next depots. In the future, there may be commuter rail service along the FEC tracks with a station in downtown Boynton Beach; however, no plans have been announced. The immediate subject market area is one of the districts in the CRA known as the Heart of Boynton (HOB), containing 380 acres. This area is the historic, older part of the CRA, with the following boundaries: Boynton Beach Canal (C-16) on the north, Florida East Coast (FEC) Railroad on the east, Interstate 95 on the west, and jagged line a few blocks north of Boynton Beach Boulevard as the south boundary, at about NE 3 Avenue. Within the HOB, is the "Cottage District", named for the architectural style of a few remaining older homes, and is the location of the appraised property. The CRA has concentrated funds and effort into revitalizing the area with new housing options and upgraded streetscapes. The CRA has purchased numerous smaller properties to assemble larger sites for redevelopment of multi-family and mixed use projects. 17 APPRAISAL REPORT Just to the east of the FEC Railroad is Federal Highway, the main north- south artery through the city. It is also known as US Highway 1 and is the main north-south artery through eastern Palm Beach County and extends along the eastern seaboard of the United States. The heavy traffic on Federal Highway is a catalyst to the redevelopment of the market area, with over 2,300 residential dwelling units in five projects either built or planned. Highway beautification projects enhanced the aesthetics of the market area. On the other hand, individual properties on the east and west sides of the highway have shallow depths, inhibiting redevelopment of these sites with larger commercial projects. Assemblages of adjacent properties and rezoning to mixed use will continue to facilitate revitalization of the subject market area. Primary east-west route is Boynton Beach Boulevard, with Ocean Avenue to the south as a secondary thoroughfare. Boynton Beach Boulevard is the principal east-west artery in the city, having interchanges with Interstate 95 and Florida's Turnpike. Boynton Beach Boulevard commences just to the east of US Highway 1 and travels west through Palm Beach County to its terminus at State Road 7/ US Highway 441. Ocean Avenue, in the Cultural District of the CRA, is an upgraded streetscape of wide sidewalks covered with pavers, lighting, kinetic sculptures, and bollards. Ocean Avenue continues east of the Cultural District with a drawbridge over the Intracoastal Waterway, reaching Ocean Boulevard and the Atlantic Ocean. Ocean Avenue extends west through Boynton Beach, with an interruption at Interstate 95. Seacrest Boulevard is a main north-south artery through the City of Boynton Beach and south into Delray Beach. Martin Luther King, Jr. Boulevard is an east-west thoroughfare through the Heart of Boynton. The subject market area is easily accessible by main roads and Interstate 95. Population Trends The demographic survey in the beginning of the report of 1, 3, and 5 mile radial circles from the appraised property shows the median household income for 2020 in the one-mile radius is $49,666, for three miles it is $54,398, and $56,866 for the five mile circle. 18 APPRAISAL REPORT The median household income for Palm Beach County is $63,300. In the one- mile circle, population is 14,078. In three miles, population increases to 82,007; at five miles, it is 190,127. However, about one-third of the three and five mile circles are over the Atlantic Ocean. Annual growth rate is anticipated to be 1.21% to 2.20% in the three circles during the next five years as the economy and job market improves in South Florida, and new multi- family residential complexes are completed. 56% of the housing units are owner occupied, with 27% rented. The percentage of renters is higher in this market because many of the single family houses are owned by investors who purchased them to lease after the economic crash in 2008. Vacancy is reported to be 17%; however, this rate seems higher than actual due to some residents being seasonal and being missed in the count. Median home value in the five- mile area is $255,514 including the highly priced homes fronting the Atlantic Ocean and Intracoastal Waterway, compared to median home value of $235,127 in the United States. Economic Trends In South Florida, as in the rest of the United States, real estate prices climbed from 2003-2006. In 2007-2008, concerns were expressed about an unsustainable upward price trend in the market. Then, the economic collapse came in fall of 2008 along with the crash in real estate prices. In 2009, there were very few sales of any type of real estate. By 2010, it appeared that the worst was over. Cash buyers started making purchases. From 2013 to present, sales activity and prices recuperated. The upswing in prices is due in part to scarcity of developable land, especially in the eastern part of the county. Properties are back to pre-crash prices. The life cycle stage of the market area is revitalization, a period of renewal, modernization, and increasing demand. Revitalization in the CRA is taking place along US Highway 1, in the part of the corridor near Ocean Avenue and Boynton Beach Boulevard with projects such as 500 Ocean, consisting of 341 residential units, 20,000 square feet of retail space and 6,000 square feet of office. Ocean One at 114 N Federal Highway is planned for 358 apartments, 12,075 square feet of retail, 120 hotel rooms, and 439 parking spaces. The Villages at East Ocean Avenue were approved for 371 dwelling units, 15,757 square feet of commercial space, plaza, 644-space parking garage, et cetera. 19 APPRAISAL REPORT At 623 S Federal Highway, The Club of Boynton Beach is a six-story, 87 unit assisted living facility and memory care facility. Earlier in the 2000s, the property was to be developed with a condominium; however, the recession halted those plans. At 2923 S Federal Highway, Daniel Heart Center is replacing an old strip store center by renovating the buildings. In addition to completed and approved projects, a large redevelopment site is under contract to be purchase located on the east side of Federal Highway at SE 1 Avenue, Boynton Beach. The 2.85 acres of land is an assemblage of 10 properties with numerous owners. Issues would have to be addressed such as demolition of existing buildings, unity of title, right-of-way abandonment, density of dwelling units, et cetera. The confidential contract price could change due to contingencies based on these and other issues. However, this assemblage is an example of the revitalization of the subject market area. Town Square, a major redevelopment project to the west of Federal Highway is under construction in three sections extending from the south side of Boynton Beach Boulevard south to SE 2 Avenue, encompassing 16.5 acres of land. The north section covers the area of the old city hall and police station which were demolished and removed. The project consists of the following: • North parcel —225 residential units, 120 hotel rooms, 65,000 square feet of office/retail space and 927 space parking garage • Middle parcel—200 residential units, 18,887 square feet of retail space • South parcel — 280 residential units, 820 space parking garage, 4,000 public space Included in the project are spaces for a new city hall, police station, fire station and park. Renovation of the historic high school is part of the project. The new municipal building at 100 East Ocean Avenue is completed and occupied. In the block to the west of the Town Square, on the west side of Seacrest Boulevard, one property was purchased by the Boynton Beach Community Redevelopment Agency (BB CRA). 209 N Seacrest Boulevard is a two-story commercial building leased to the city and used for the Boynton Beach Utility Customer Service facility and the Police substation. 20 APPRAISAL REPORT Purchase price was $1,400,000, closed in October, 2020. The adjacent property to the north at 217 N Seacrest Boulevard is currently leased to the United States Postal Service, with a one-story building and large parking lot for postal vehicles. The north side of the property fronts Boynton Beach Boulevard. BB CRA will purchase the property for $1,600,000 with a closing projected for February, 2023 when the lease terminates. Purchases of these two properties are examples of the BB CRA pursuing assemblages to amass land which can be redeveloped into larger mixed use facilities as planned for the Boynton Beach Boulevard corridor. In the Heart of Boynton (HOB) CRA district, Ocean Breeze East is under construction at 700 North Seacrest Boulevard. The development is an affordable apartment project containing 123 units, retail space, clubhouse and swimming pool. The project came about by the Boynton Beach Community Redevelopment Agency (BBCRA) selling the land and the Florida Housing Finance Corporation and TD Bank providing the financing. Wells Landing will be another major project in the HOB along both sides of the East Martin Luther King (MLK), Jr. Boulevard corridor, east of Seacrest Boulevard. The development consists of 124 affordable multi-family rental units and 8,250 square feet of commercial space. Funding for the project is from the BBCRA and from the Florida Housing Finance Corporation's Low Income Housing Tax Credit Funding Program. Wells Landing is anticipated to bring about more development along MLK Boulevard and surrounding avenues. At the southeast corner of Seacrest Boulevard and East Martin Luther King, Jr. Boulevard, the store was purchased and will open as Dollar Tree. The section of the Cottage District from NE 4 Avenue to NE 5 Avenue, between Seacrest Boulevard and NE 1 Street will be improved with a new housing project, with the number of units not yet known until the ultimate land size of the development is known. The recent or pending purchase of three residential properties along NE 4 Avenue (including the appraised property) will increase the land size of the project and augment the functional utility of the site. With the three residential properties, the Cottage District site is approximately 4.63 acres. BB CRA has acquired the lots over many years, assembling a large tract of land for a transformation of a substantial part of the Heart of Boynton. 21 APPRAISAL REPORT Conclusion The town's redevelopment goal is to transform Boynton Beach from a retirement community to a vibrant city where residents can enjoy living and working in an attractive setting. Boynton Beach Community Redevelopment Agency is instrumental in the renaissance of the city. The transformation of the area is in progress. Development of real estate takes time and the right market conditions which have been positive. Progress and completion of projects convey confidence that revitalization will continue to occur. Price trend for real estate in the subject market area will continue to climb as the demand for new housing is strong. Platting: The appraised land is part of an old plat, recorded prior to the effective date of current zoning regulations. Land Use: Current land use is McDR, Medium Density Residential, maximum density 9.58 dwelling units per acre. Zoning: "R-2", Single and Two-family Residential District with the purpose to implement the medium density residential future land use map classification of the comprehensive plan. The intent of the district is to stabilize and protect existing residential neighborhoods with density no greater than 10 dwelling units per acre, and allow limited types of non-residential uses. Minimum lot area is 4,500 square feet per unit for a duplex; minimum lot frontage is 75 feet. There is a provision for a site with two lots platted prior to the enacting of the current zoning regulation to be improved with a duplex. Single family dwellings shall be constructed on lots that are no less than 6,000 square feet with a width of at least 60 feet and follow the building and site regulations of the "R-1", Single Family District. Excerpts from the zoning codes are in the Addenda. 22 APPRAISAL REPORT The appraised site has 50 feet of frontage and 100 feet of depth = 5,000 square feet. It is part of a lot from a plat that dates back to the 1920s, prior to the current code. The subject's size and width are sub- standard for the "R-2" and "R-1" zoning districts, most probably making it a legal non-conformity. Since the site was established prior to the current codes, it most likely could be improved with a single family residence, following the regulations of the "R-1" district. However, determination of use and non-conformities of the site are made by Boynton Beach City officials. An excerpt from Nonconforming Regulations for Lots and Parcels is in the Addenda. If the appraised site were assembled into the new Cottage District project, there is the probability of change of zoning and land use to increase the density. Site Description: Dimensions of the appraised land are from the sketch of survey included in the Addenda prepared by Avirom & Associates, Inc., dated May 4, 2020. The sketch of survey is for the Cottage District project. Although, the appraised site is excluded from the project, dimensions for the parcel are listed. The shape of the site is rectangular. North boundary on adjacent property: 50 feet East boundary on adjacent property: 100 feet South boundary on NE 4 Avenue: 50 feet West boundary on adjacent property: 100 feet Total: 5,000 square feet or 0.1148 of an acre 23 APPRAISAL REPORT Utilities: All utilities are available to the site. Access: The site is accessible via NE 4 Avenue, a two-laned road. There are no sidewalks, but there are streetlights. NE 4 Avenue intersects with Seacrest Boulevard one-half block to the west. Easements: Easements are not noted on original plat. If they exist, utility easements would be most probably be around the perimeter of the lot. Encroachments: There is no sketch of survey for the specific property to review to note if there are encroachments. Improvement Description: The appraisers viewed the interior of the house prior to the effective date of this appraisal. The appraised improvement is a one-story, single family residence containing 1,134 square feet of enclosed area, constructed in 1930. Building sketch is in the Addenda. The interior is divided into the following areas: living room, dining area, kitchen, three bedrooms, two bathrooms and laundry area. Originally, there were only two bedrooms and one bathroom. After the purchase of the property in 2013, the owner converted the front porch into a bedroom and the rear porch into the laundry area and bathroom. Modifications to the house after purchase included: • New central climate control system • Renovated bathrooms • Renovated kitchen with new cabinetry, counter top & appliances • New flooring in some area and refinished wood flooring in others • New site improvements including pavers, irrigation system, fencing & landscaping • Conversion of the front porch to a bedroom 24 APPRAISAL REPORT Estimated cost was $25,000. The refurbishing extended the useful life of the property. Construction details are: Historical Age: 91 years Condition: Good to average for its age Foundation: Stem wall over concrete footings Exterior Walls: Wood frame covered with vinyl siding Floors: Original wood refinished and laminate flooring Interior Walls: Wall board over wood Roof System: Gable covered with metal sheeting Windows: Aluminum awning windows with storm shutters HVAC: Central system Plumbing: Kitchen, two bathrooms and laundry area Site Improvements: Concrete paving and pavers for car storage, vinyl fence and gate, irrigation system, sod, shrubs and trees Parking: Two parking spaces are required for a single family residence. The driveway can accommodate two parking spaces. Environmental Assessment: No assessment was available for review 25 APPRAISAL REPORT 2-2(a) (v) State the real property interest appraised; A person who owns all the property rights is said to have fee simple title. A fee simple title implies absolute ownership unencumbered by any other interest or estate. Partial interests in real estate are created by selling, leasing, et cetera. Partial estates include leased fee and leasehold estates. The interest appraised is fee simple. 2-2(a)(vi) State the type and definition of value and cite the source of the definition; The purpose of the appraisal is to develop an opinion of market value of the subject property as of July 1, 2021. MARKET VALUE: a type of value, stated as an opinion, that presumes the transfer of a property (i.e., a right of ownership or a bundle of such rights), as of a certain date, under specific conditions set forth in the definition of the term identified by the appraiser as applicable in an appraisal. The conditions included in market value definitions establish market perspectives for development of the opinion. These conditions may vary from definition to definition but generally fall into three categories as follows. 1. the relationship,knowledge, and motivation of the parties(i.e.,seller and buyer); 2. the terms of sale(e.g.,cash,cash equivalent,or other terms);and 3. the conditions of sale(e.g., exposure in a competitive market for a reasonable time prior to sale). Market value appraisals are distinct from appraisals completed for other purposes because market value appraisals are based on a market perspective and on a normal or typical premise. These criteria are illustrated in the following definition of Market Value*, provided here only as an example. Market value means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus.Implicit in this definition are the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions as follows. 1. buyer and seller are tvpically motivated 2. both parties are well informed or well advised and acting in what they consider their own best interests; 3. a reasonable time is allowed for exposure in the open market; 4. payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and S. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. 26 APPRAISAL REPORT * This example definition is from regulations published by federal regulatory agencies pursuant to Title XI of the Financial Institutions Reform,Recovery, and Enforcement Act(FIRREA)of 1989 between July 5, 1990, and August 24, 1990, by the Federal Reserve System (FRS), National Credit Union Administration(NCUA), Federal Deposit Insurance Corporation (FDIC), the Office of Thrift Supervision (OTS), and the Office of Comptroller of the Currency (OCC). This definition is also referenced in regulations jointly published by the OCC, OTS, FRS, and FDIC on June 7, 1994,and in the Interagency Appraisal and Evaluation Guidelines,dated December,2010. Florida Court Definition: "Market Value is the price that a seller willing, but not compelled to sell, and a buyer willing, but not compelled to buy, would agree to in fair negotiations with knowledge of all the facts." [Source: Fla. Power & Light Co., v. Jennin,%,Ys, 518 So.2d 895 (Fla. 1987)] 2-2(a)(vii) State the effective date of the appraisal and the date of the report; A) Effective Date of the Appraisal: July 1,2021 B) Date of the Report: July 1, 2021 2-2(a)(viii) Summarize the scope of work used to develop the appraisal; The appraisal problem is to develop an opinion of value of the property based on its highest and best use. The appraisers visited the property and photographed it. An investigation was made into the physical characteristics of the property that could affect its value. The market area was surveyed to determine its stage of the life cycle. Research was conducted to ascertain economic factors that might influence value. Data research consisted of collecting, confirming, and reporting improved sales. The process included searches and analyses, inspections and confirmations, and final reporting. The appraiser examined several sources of sales data, including multiple listing service, Palm Beach County Property Appraiser's records, the public records, and data from the appraisers' plant. 2-2(a)(ix) Summarize the extent of any significant real property appraisal assistance; The two signatory appraisers are the only people involved in the appraisal process. 27 APPRAISAL REPORT 2-2(a)(x)(I) Summarize the appraisal methods and techniques employed; (2) State the reasons for excluding any of the valuation approaches; (3) Summarize the results of analyzing the subject sales, options and listings; (4) State the value opinion and conclusion (5) Summarize the information analyzed and the reasoning that supports the analyses, opinions, and conclusions For Sales Comparison Approach, sales of one-family residences are compared to each other and to the property under appraisement to develop a final opinion of value. The information analyzed and appraisal method used is detailed in the valuation section of the report. Further, the reasoning that supports the analyses, opinions, and conclusions is explained in the valuation section. The final value conclusion is stated at the end of the Sales Comparison Approach. The Cost Approach is not used because of the age of the improvement. The Income Approach is not employed because single family dwellings are purchased for shelter, not their income producing ability. Exclusion of these approaches to value still produces a creditable report. SR I-5 When the value opinion to be developed is market value, if such information is available in the normal course of business: a) analyze all agreements of sale, options, or listings of the subject property current as of the effective date of the appraisal; The property is not formally listed for sale. b) analyze all sales of the subject property that occurred within the three (3) years prior to the effective date of the appraisal. There were no arm's length transactions of the appraised property in the past three years. It was acquired by the current owner in April, 2013 for $64,500 from LARANN, LLC. A copy of the deed is in the Addenda. After the purchase, the owner upgraded the property as previously described. 28 APPRAISAL REPORT 2-2(a)(xi) State the use of the real estate existing as of the effective date and use of the real estate reflected in the appraisal; The use of the real estate on the date of valuation is a single family residence, and it is this use which is reflected in the appraisal. No personal property is included in the valuation. 2-2(a)(xii) When an opinion of highest and best use was developed by the appraiser, state that opinion and summarize the support and rationale for that opinion; HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Physically Possible as Vacant No soil or subsoil tests are available for review. However, the site has been supporting a residential structure since 1930. The land is level and filled to street grade. Land size is approximately 5,000 square feet and rectangular in shape. All utilities are available to the site. The site is accessible via NE 4 Avenue. Physical constraint to develop the site is its size which determines its legal conformity to the zoning code. Legally Permissible as Vacant Legal restrictions to the development of the site consist of land use designation, building and zoning codes, platting restrictions and restrictive covenants. Zoning is "R-2", Single and Two-family Residential District. Minimum lot area is 4,500 square feet per unit for a duplex; minimum lot frontage is 75 feet. Single family dwellings shall be constructed on lots that are no less than 6,000 square feet with a width of at least 60 feet and follow the building and site regulations of the "R-1", Single Family District. The appraised site contains 5,000 square feet, having a width of 50 feet. An excerpt from Nonconforming Regulations for Lots and Parcels is in the Addenda. Interpretation and enforcement of the zoning code are done by City officials. Nevertheless, it is reasonably probable that the appraised land would be permitted to be improved with a single family residence in keeping with the aim of home ownership in the Heart of Boynton CRA district. 29 HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Financially Feasible as Vacant The third test of Highest and Best Use is economic feasibility. Demand for a certain property type must be evident for it to be feasible. For it to be financially feasible, the use must be marketable and provide the investor with a competitive return when compared with alternate uses. The subject market area has been improved with single-family residences and small multi-family dwellings for almost 100 years. Structures come to the end of their useful lives, improvements are razed and the sites are redeveloped with modern projects. There are examples of this cycle throughout the subject market area. New single family redevelopment projects in the subject vicinity are Ocean Breeze West with 21 homes, Eastview Park with market rate houses ranging from $255,000 to $300,000 constructed by D R Horton, and four new houses on West Martin Luther King, Jr. Boulevard sold from $166,000 to $195,000. The four houses are the result of the work of the Boynton Beach CRA and Boynton Beach Faith-Based Community Development Corporation. Numerous individual lots in the HOB were improved with houses and sold. Financially feasible use of the appraised site is to improve it with a single family residence. Improved Sales 2, 3, 4 and 5 are examples of purchases of the house and lot where sales of the lots recently preceded the package sales. Alternatively, the appraised site could be assembled with the land in the Cottage District project to increase the number of new residences to be constructed there. The most probably buyer for the site is a local developer familiar with the revitalization that is occurring in the subject market area. Time for development is development is now with renewed interest in the neighborhood and support from the Boynton Beach Community Redevelopment Agency and other social agencies. Maximally Productive as Vacant In summary, the Highest and Best Use of the appraised property as vacant is to improve it with a single family residence or to assemble it with the Cottage District project. Such uses would be potentially physically possible, most probably legally permissible, financially feasible and maximally productive. 30 HIGHEST AND BEST USE OF THE PROPERTY AS IMPROVED Physically Possible Improved The improvement appraised is a single family residence constructed in 1930. It was upgraded after the purchase in 2013 to extend its useful life. If necessary or desired, demolition is physically possible. Legally Permissible Improved A single family residence appears to be legally permissible. There is sufficient space to have car storage for two vehicles. Financially Feasible Improved There is an active market for one dwelling residences in the central-eastern Boynton Beach market area in the price range of the appraised value. Exposure time to the market for these properties is short, typically a few months. A few sales are in cash; most are financed by third party lenders at high loan to price mortgages. The appraised property is in average condition. Upgrading the features of the house will prolong its useful life and enhance the comfort of those residing in the structure. Financial feasibility of the property as improved is to maintain it through repairs and upgrades to the end of its useful life. Maximally Productive Improved The maximally productive use of the property as improved is its current use as a single family residence, which use is physically possible, legally permissible, financially feasible, and maximally productive. 2-2(a) (xiii) Clearly and Conspicuously: State all extraordinary assumptions and hypothetical conditions; and state that their use might have affected the assignment result. There are no extraordinary assumptions or hypothetical conditions in this report. 2-2(a) (xiv) Include a signed certification in accordance with Standards Rule 2-I See signed certification in report. 31 SALES COMPARISON APPROACH IMPROVED SALE LOCATION MAP 7. 1335EWAY�_ i �IGESIDE HARBOUR NW 21ST AVE ,may H mt4 t I, I �i ,44T' i 20THAVE NE 11 i if �) GST p l'� NE 20TH ;.. �r ,�. ( i� COYNTON BAY CIR z NE 17TH,AYE z Q" Iw 1 LAKE ST P 17TH AM1JE N]N ,. 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I( u�i o 1 �' i��. �.I I� w+ x SE 2N DAVj t10, , Boynton Be_­hl - {{ Data use subject to license. ft DeLorme.DeLorme Street Atlas USA0 2009. 6 400 800 1200 1600 29GD wvvw.delorme.com MN(6-9-W) Data Zoom 14-0 33 4uh IMPROVED SALE 1:215 NE 12" AVENUE IMPROVED SALE 2:324 NE 12"AVENUE ���5111 s 3, �3 IMPROVED SALE 3:521 NE 11"AVENUE IMPROVED SALE 4: 505 NW 10"AVENUE v. s IMPROVED SALE 5: 124 NE 11"AVENUE IMPROVED SALES FOR 115 NE 4"AVENUE BOYNTON BEACH, FL 34 IMPROVED SALE SALE NO. 1 LEGAL DESCRIPTION Lot 17, Block 3, HAPPY HOME HEIGHTS, Plat Book 11, Page 30,Palm Beach County Public Records RECORDED O. R. Book 31717,page 2020 GRANTOR Boynton Beach Faith Based Community Development Corporation GRANTEE Sheyenne Dretzka et al DATE OF SALE August 28,2020 LOCATION 215 NE 12 Avenue Boynton Beach, FL ZONING "R-2", Single and Two-family Residential District SALE PRICE $256,000 PROPERTY DESCRIPTION One story CBS single family residence containing 1,390 square feet under air, constructed in 2019. Single car garage appears to be converted to living area. Land size is 4,000 square feet. UNITS OF COMPARISON $184.17 per sq.ft.of building,including land 2.88:1 Land to Building Ratio FOLIO NUMBER 08 43 45 2120 003 0170 CONDITIONS OF SALE Financing provided by Freedom Mortgage in the amount of $251,363 at the market rate of interest. 98% loan to price ratio. Arm's length transaction. CONFIRMATION Office of closing attorney Donia A. Roberts COMMENTS Recently constructed house on a small lot. No garage. 35 IMPROVED SALE SALE NO. 2 LEGAL DESCRIPTION Lot 6, Block 9, HAPPY HOME HEIGHTS, Plat Book 11, Page 30,Palm Beach County Public Records RECORDED O. R. Book 31518,page 1955 GRANTOR Blue Sky Construction Investments LLC GRANTEE Keiva Warden DATE OF SALE May 15,2020 LOCATION 324 NE 12 Avenue Boynton Beach, FL ZONING "R-2", Single and Two-family Residential District SALE PRICE $257,000 PROPERTY DESCRIPTION One story CBS single family residence containing 1,285 square feet under air, constructed in 2020. Land size is 3,780 square feet. UNITS OF COMPARISON $200.00 per sq.ft.of building,including land 2.94:1 Land to Building Ratio FOLIO NUMBER 08 43 45 2120 009 0060 CONDITIONS OF SALE Financing provided by Guaranteed Rate, Inc. in the amount of $252,345 at the market rate of interest. 98% loan to price ratio. Arm's length transaction. CONFIRMATION Marcos Ribeiro, for grantor COMMENTS Recently constructed house on a small lot. No garage. Lot purchased in August 2018 for$26,000. 36 IMPROVED SALE SALE NO. 3 LEGAL DESCRIPTION Lots 344 and 345, CHERRY HILLS, Plat Book 4, Page 58, Palm Beach County Public Records RECORDED O. R. Book 31673,page 1823 GRANTOR Palms Asset Management LLC GRANTEE Gabriel De Jesus DATE OF SALE August 28,2020 LOCATION 521 NW 11 Avenue Boynton Beach, FL ZONING "R-2", Single and Two-family Residential District SALE PRICE $262,000 PROPERTY DESCRIPTION One story CBS single family residence containing 1,206square feet under air, constructed in 2020. Single car garage. Land size is 5,100 square feet. UNITS OF COMPARISON $217.25 per sq.ft.of building,including land 4.23:1 Land to Building Ratio FOLIO NUMBER 08 43 45 21 14 000 3440 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMATION Michael Hilghman for grantor COMMENTS Recently constructed house on a medium-sized lot. Corrective deed recorded with sale price of$262,000. Prior lot sale in June 2019 for$34,000. 37 IMPROVED SALE SALE NO. 4 LEGAL DESCRIPTION Lots 240 and 241, CHERRY HILLS, Plat Book 4, Page 58, Palm Beach County Public Records RECORDED O. R. Book 31684,page 808 GRANTOR Palms Asset Management LLC GRANTEE Banarbe Rony Romulus DATE OF SALE July 14, 2020 LOCATION 505 NW 10 Avenue(West Martin Luther King,Jr. Blvd.) Boynton Beach, FL ZONING "R-2", Single and Two-family Residential District SALE PRICE $265,000 PROPERTY DESCRIPTION One story CBS single family residence containing 1,206 square feet under air, constructed in 2020. Single car garage. Land size is 5,087 square feet. UNITS OF COMPARISON $219.73 per sq.ft.of building,including land 4.22:1 Land to Building Ratio FOLIO NUMBER 08 43 45 21 14 000 2400 CONDITIONS OF SALE Financing provided by Northpointe Bank in the amount of $251,750 at the market rate of interest. 95% loan to price ratio. Arm's length transaction. CONFIRMATION Michael Hilghman for grantor COMMENTS Recently constructed house on a medium-sized lot. Prior lot sale in April,2019 for$31,000. 38 IMPROVED SALE SALE NO. 5 LEGAL DESCRIPTION Lot 4, MEEKS ADDITION TO BOYNTON, Plat Book 9, Page 54,Palm Beach County Public Records RECORDED O. R. Book 31768,page 292 GRANTOR Andrea Mattis GRANTEE Ralph Jeudy DATE OF SALE September 4,2020 LOCATION 124 NE 11 Avenue Boynton Beach, FL ZONING "R-2", Single and Two-family Residential District SALE PRICE $270,000 PROPERTY DESCRIPTION One story CBS single family residence containing 1,475 square feet under air, constructed in 2019. Single car garage. Land size is 7,500 square feet. UNITS OF COMPARISON $183.05 per sq.ft.of building,including land 5.09:1 Land to Building Ratio FOLIO NUMBER 08 43 45 2124 000 0040 CONDITIONS OF SALE Financing provided by OCMBC, Inc. in the amount of $256,500 at the market rate of interest. 95% loan to price ratio. Arm's length transaction. CONFIRMATION Grantor COMMENTS Recently constructed house on a large lot. Lot was acquired by tax deed for $18,700 in November, 2018;then grantor constructed the house on the lot. 39 v v v z v v o o f E z o � o � o obo cW �i CC E lu1 E lu1 N bo CC bo bo "M bo C L L0 O N G G N N N N G V O O O O O O d ' V LL W O. a u'1 O Ol u'1 u'1 Q O y ti O u CO CO > O N Lb N N N F- V? V? V? V? V? V? z Q d N � ar l a W O O W O Y -O N cl l0 cy O 1 CO l0 m N ul J IN _ 3 N N N N N > N Q Q u YI a + + + oo + oo + N CO W N O O N O p O O O V7 ,y tom/ w V7 w V7 w tom/? w 'i E O C C C C F KI Lr O O O Lr O W O O O O O m >- co N N N N N cy O 2 cO Q � W Ol N N O 'jo O N N u'1 Lp O J Ct H LL z O m o o co 0 0 � m co W Of Of Of Of Of Of ZI N N N N N N 3 0 N d N_ zI g O Wo CO O O o o o LL � M u1 u'1 n Lfl !n F O O O O O y ti N N N N N N Q J F O O O O O Q O z o o o o o > o cW G F N W O ti O o O ^ O o W O J V O O O N O O O Q QI ^ N cy O J oo N N N N N N N > N Z tA tAQ ca G � LL � LJy 7 LL 7 LJy � LL d LL C C 3 OV W V W > V > V W V W V J Q d Q y Q d Q y Q d WI Q 71 Q LA N N co N N co M iy co co {/� co m a co N -0W O W p 3 O z p W O W O O z z Z A Z > p Lm T oT N O N o NO N O ~ O0 N co M cco Lm coL1-4 co co a SALES COMPARISON APPROACH OVERVIEW In the Sales Comparison Approach, the appraiser compares the appraised property to sales of similar properties. This approach to value simulates the actions and attitudes of typical buyers and sellers in the market. The approach is based on the Principle of Substitution that affirms the maximum value of a property is set by the cost of acquisition of an equally desirable and valuable substitute property, assuming no costly delays in making the substitution. The steps of this approach are: 1) Collect information of recent sales of properties most similar to the property being appraised. 2) Verify the sales information from the best available sources. 3) Select relevant units of comparison and develop a comparative analysis for each unit. 4) Adjust the sales to the subject using the significant,market-derived units of comparison. 5) Reconcile value indications from the comparisons into a value opinion by this approach. The appraised improvement is a one family residence located at 115 Northeast 4 Avenue, Boynton Beach, FL. Enclosed building size is 1,134 square feet; date of construction is 1930. The appraisers viewed the exterior of the house, not the interior. The residence contains three bedrooms and two bathrooms; there is no enclosed car storage. Land size is 5,000 square feet, and the zoning is "R-2", Single and Two-family Residential District. A search was conducted to find sales of single family residences in the subject market area which is the Heart of Boynton. No sales of houses constructed in the early part of the twentieth century were found. The transactions cited in the appraisal are representative of substitute properties a buyer would consider when purchasing a house in the subject market area. The remaining useful life of the sales is considerably longer than the subject's. This physical characteristic will be addressed later in this valuation section. Details on the transactions are on the sales sheets and chart. UNITS OF COMPARISON Units of comparison are components into which a property may be divided for comparison. The purpose of using units of comparison is to relate sales of similar properties to the property being appraised on the basis of significant measures such as price per square foot, price per unit, et cetera. The appropriate units of comparison come from the market. For the property appraised and the comparable sales, the pertinent units are sale price per square foot of building, including land, and sale price per dwelling unit. ELEMENTS OF COMPARISON Elements of comparison are the characteristics of properties and transactions that cause the prices paid for real estate to vary. The Appraisal of Real Estate continues by stating that there are ten basic elements of comparison that may be considered in sales comparison analysis. The first group is termed transactional elements being: real property rights conveyed, financing terms, conditions of sale, expenditures made immediately after purchase and market conditions. The second group is property elements consisting of location,physical characteristics, economic characteristics, use, and non-realty components ofvalue. Each is hereafter addressed. 41 SALES COMPARISON APPROACH Real Property Rights Conveyed A transaction price is predicated on the real property interest conveyed. Property interests conveyed can either be fee simple (without tenants) or leased fee (subject to leases). An adjustment for property rights conveyed is based on whether a leased fee interest was sold with leases at, below, or above market rent. When a property is sold without leases, its value is normally based on the market rent that it can command and the financing that could be obtained. The interest valued for the appraised property is fee simple. The property interest conveyed in the improved sales is fee simple, the same interest appraised for the subject. No numerical adjustment is warranted for this element of comparison. Financing Terms Financing terms may have a bearing on the price paid for a property. Such terms that may affect price include assuming a mortgage at lower than current interest rates, the seller paying a buydown for the buyer to have a lower interest rate, or the seller providing financing for a transaction at lower than typical institutional rates. In all of these cases, the buyer could have paid higher prices in such transactions to obtain favorable financing. The reverse is also a possibility in which lower sale prices result from above market financing. If financing affected the price paid, a cash equivalency adjustment is warranted. Improved Sale 3 was a cash transaction. Improved Sales 1, 2, 4 and 5 were financed by third parry lenders at a high loan to price ratios of 95% or 98%. Such financing is typical in the subject market and makes purchases possible. The advantages of such financing are off-set by the cost to obtain the loan and the burden of making a high mortgage payment and paying for mortgage insurance. Thus, no adjustment is made for this element of comparison. Conditions of Sale Condition of sale addresses the motivation of buyers and sellers. All improved sales were arm's-length under typical market conditions. No adjustments are made. Expenditures Made Immediately After Purchase The date of construction of the improvements are within the past two years. No major expenditures were necessary; therefore,no adjustments are made. Market Conditions Comparable sales that occurred under different market conditions than those applicable to the subject on the effective date of the value estimate require adjustment for any differences that affect their value. The most common adjustment for market condition is time; however, the passage of time itself is not the cause of the adjustment. Market conditions that change over time are the reason to make the adjustment, such as appreciation or depreciation due to building inventory, changes in tax laws, investor's criteria,building moratoriums, fluctuation in supply and demand, et cetera. It is also possible that there is no change in market condition over time. 42 SALES COMPARISON APPROACH There is an upward trend in prices of real estate, generally. Financing is readily available as shown by four of the five sales cited in this report. Demand for home ownership is greater than the supply of houses, especially in the affordable category. To recognize this positive trend, each of the improved sales is adjusted upward by 4% per year for market conditions, equal to the recent annual rate of inflation. Adjustments for transactional elements of comparison were considered. Next, adjustments for property elements of comparison are addressed. Location The location of a property is a key factor in prompting a buyer to purchase it. Location encompasses many aspects such as road frontage, access, proximity to other competing properties, proximity to a market that will use the goods and services housed in a property, governmental influences, et cetera. Typically, properties in a neighborhood share some of the same location characteristics such as age, condition, and style. However, there may be differences such as corner location, view, and zoning, to name a few. Properties of a similar type may be in different locations, yet the locations may share enough similarities to justify comparison. Factors of similarity between locations include average daily traffic counts, zoning and/or land use, and market composition. The improved sales are in the immediate subject market area of the Heart of Boynton with similar locational characteristics that do not require adjustments. Physical Characteristics Physical characteristics to be considered for adjustments are those that cause a difference in price to be paid by the market. A wide range of such items includes property type,building size, land size, land to building ratio, amount of parking, year of construction, current property condition, functional utility, market appeal, complete build-out of interior space, et cetera. Differences of physical characteristics among the sales and subject are lot size, building size, building age and indoor car storage. Improved Sales 1 and 2 have small lots and no garages; correspondingly, prices of Sales 1 and 2 are at the low end of the range. Improved Sales 3 and 4 have medium sized lots and one-car garages. Their prices are in the mid-range. No. 5, at the high end of the range, has a large lot and one-car garage, setting the upper limit of price for the houses. The appraised property has a medium-sized lot and no garage. The house under appraisement is has the smallest size in the data set. As mentioned, the difference in the dates of construction between the sales and subject is about 90 years. Shorter remaining useful life, smaller-sized house and no garage puts the value of the subject at the lower end of the range. 43 SALES COMPARISON APPROACH Economic Characteristics Economic characteristics of a property include its rental rate, occupancy rate, and expenses. The improved sales are owner-occupied, with no data forthcoming for economic units of comparison. Hence,this element of comparison is not addressed in this appraisal. Non-Realty Components of Value Non-realty components of value include personalty, business concerns, or other items that do not constitute real property but are included in the sale price of either the comparable or the subject property. These components should be analyzed separately from the realty. There were no non-realty components of value to consider for the property appraised. Use For properties to be comparable, they should have similar Highest and Best Uses. All of the improved sales cited in this report and the subject have the same Highest and Best Use as one family residences, with no adjustment necessary. FINAL VALUATION The adjusted sale prices are as follows: Sale No. Adjusted Price 1 $266,240 2 $269,850 3 $272,480 4 $275,600 5 $278,100 As mentioned, Sales 1 and 2 have small lots and no garage. Sales 3 and 4 have medium-sized lots and one-car garages. No. 5 has a large lot and a one-car garage. The appraised property has a medium-sized lot and no garage. Further, its remaining useful life is shorter than the sale properties on the smallest house in the data set. Considering all of the preceding discussion, the final value for the appraised property is $227,000 ($227,000/ 1,134 square feet = $200.00 (rounded) per square foot of building including land.) The quantity of the comparable data is sufficient to have an overview of the market for sales of one- family residences in the Heart of Boynton. The quality of data is good in that it provides a sound basis to develop an opinion of value for the property under appraisement. Based on the analyses and conclusions presented within the report, it is our opinion that Market Value of the Fee Simple Interest of Subject Property, as of July 1, 2020 is: TWO HUNDRED TWENTY-SEVEN THOUSAND DOLLARS 227 000 44 CERTIFICATION I certify that, to the best of my knowledge and belief,the statements contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal,unbiased professional analyses, opinions, and conclusions. I have no present or prospective interest in the property that is the subject of this report, and I have no bias or personal interest with the parties involved. The appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan. My compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of,this report. I appraised the property on June 28,2017 and January 9,2019. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. The analyses, opinions and conclusions were also developed and the report prepared in conformity with the Uniform Standards of Professional Appraisal Practice, which is included in the Appraisal Institute's Standards, and Chapter 475,Part 11 F.S. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. The use of this report is (also) subject to the requirements of the State of Florida relating to review by the Florida Real Estate Appraisal Board. I have visited the exterior of the property that is the subject of this report on numerous dates prior to the date of valuation in this appraisal. Jesse B. Vance, Jr. and Claudia Vance are responsible for the analyses, conclusions and opinions concerning real estate set forth in this report. No one else has provided significant professional service to the persons signing this report. The Appraisal Institute and the American Society of Appraisers each conduct programs of continuing education for their designated members. As of the date of this report, Jesse B. Vance, Jr. and Claudia Vance have completed the requirements of the continuing education program of the Appraisal Institute. Continuing educational requirements are also completed for the American Society of Appraisers and the State of Florida. July1, 2021 Jesse B. Vance, Jr., MAI, SRA, ASA Florida State-CertifiedGeneralReal Estate Appraiser No. RZ-85 July_ 1,2021 Claudia Vance,MAI Florida State-Certified General Real Estate Appraiser No.RZ-173 45 CERTIFICATION AND LIMITING CONDITIONS The statements and conclusions contained in this report,subject to the limiting conditions hereafter cited,are correct to the best of the writers'knowledge. 1. The undersigned have personally visited the subject of this report. No pertinent information has been knowingly withheld. 2. Unless specifically included,the subject is analyzed as though free and clear of liens and encumbrances. 3. No responsibility is assumed for legal matters,nor is an opinion of title rendered. Title is assumed to be good and held in Fee Simple. 4. Legal descriptions and property dimensions have been furnished by others;no responsibility for their correctness is assumed. Sketches which may be in the report are for illustrative purposes only. 5. Possession of any copy of this report does not carry with it the right of publication,duplication,or advertising using the writers' names or professional designations or membership organizations. 6. The writers are not required to testify without prior agreement. 7. Neither the employment to make this appraisal nor compensation therefore is contingent on the value reported. 8. Improvements,if any,are those noted and reported on the date of inspection. 9. The value or values estimated apply ONLY as of the date of valuation stated within the report. 10. The writers certify that they have no present,past or contemplated interest in the subject of this report. 11. This report is the property of the indicated client. It may not be used by any other party for any purpose not consistent with the written function of this report without the express written consent of the writers AND client. 12. The reported analyses,opinions and conclusions were developed,and this report has been prepared,in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Practice and Conduct of the Appraisal Institute. The work also conforms to the Uniform Standards of Professional Appraisal Practice. 13. The existence of potentially hazardous material used in the construction or maintenance of buildings,such as the presence of urea formaldehyde foam insulation,and/or existence of toxic waste,which may or may not be present on the property,has not been considered. Additionally,soil or sub-soil contamination may exist from current or prior users,or users outside the property concerned. The appraisers are not qualified to detect such substances. We urge the client to retain an expert in this field if desired. 14. The appraisers have not been provided a Habitat Survey,Endangered Species Survey,or analysis by a qualified environmental specialist indicating the presence of or proximity to environmentally sensitive and/or protected land or species which could affect the use,and possibly,value of the appraised property. The appraisers are not qualified to identify these factors. We recommend that an expert be hired where there may be reasonable cause to expect the presence of any of the cited elements. 15. Jesse B.Vance,Jr.and Claudia Vance were responsible for the analyses,conclusions,and opinions of real estate set forth in this report. (No one else provided significant professional assistance to the report signers). 16. The Americans with Disabilities Act(ADA)became effective January 26,1992. We have not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property would reveal that the property is not in compliance with one or more of the requirements of the act,which could reduce property value. 17. Prospective value estimates are based on current conditions and trends. The appraisers cannot be held responsible for unforeseeable events that might alter market conditions upon which market value has been estimated. 18. The appraisers certify that they have the knowledge and experience required to perform this appraisal assignment. 19. The appraiser reserves the right to amend or change this report at any time additional market information is obtained which would significantly affect the value opinion. Jesse B.Vance,Jr.,MAI,SRA,ASA State-Certified General Real Estate Appraiser No.RZ 85 July 1,2021 Claudia Vance,MAI State-Certified General Real Estate Appraiser No.RZ 173 July 1,2021 46 ADDENDA ir��ra�r�rrr�rrwi CFN 20130155158 OR BK 25924 PG 1862 RETURN TO: RECORDED 04/04/2013 13:51:04 PREPARED BY: Palo Beach County, Florida ART 64,500.00 Stev L.Craig,Esquire Doc Stamp 451.50 ;kTitle of Florida, Inc. Sharon R. Bock,CLERK i COMPTROLLER 45A Blvd,Ste. 304B Pgo 1862 - 1863; (2pga) Pale , 12h Gardens, FL 33418 FiT �1 0 Propert*raisers Parcel No.: 08-43-45-21-29-003-0052 (Space Above This Line for Recording Data) Q� WARRANTY DEED o ' THIS WA DEED made and executed the day of 2013, by LARANN,LLC,a Flo ' mited liability company,hereinafter called the grantor,to VALRIE BROWN- McINTOSH,a single p whose post office address is as follows: 1 castle Pines Road,Boynton Beach,FL 33437 hereinafter called the grantee: (Wherever used herein the term tor"and"grantee"include all the parties to this instrument and the heirs, legal representatives and asf individuals,and the successors and assigns of corporations) WITNESSETH: That the grant U and in consideration of the sum of$10.00 and other valuable considerations, receipt whereof is here owledged, hereby grants, bargains, sells, aliens, remises, releases, conveys, and confirms unto the an all that certain land situate in PALM BEACH County, Florida,viz: The East 50 feet of the South 100 feet of Lot 5, Block 3, SHEPARD ADDTION TO BOYTON,according to the plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County,Florida,recorded in Plat Book 2,Page 59; said lands situate,lying and being in Palm Beach County,Florida. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. SUBJECT TO restrictions,reservations,covenants,and easements of record, if applicable. F:\WORDDOC\Mae\Closing Docs\4600 files\4612\M-WD-Corp to Ldoc 1 48 Book25924/Page1862 Page 1 of 2 TO HAVE AND TO HOLD,the same in fee simple forever. AND the grantor hereby covenants with said grantee that it is lawfully seized of said land in fee sim •that the grantor has good right and lawful authority to sell and convey said land;that the grantor hereby ants the title to said land and will defend the same against the lawful claims of all persons wl ever;and that said land is free ofall encumbrances,except taxes accruing subsequent to December 31, 201 ( `dN ITNESS WHEREOF,the said grantor has signed and sealed these presents the day and year first abo en. Signed,sealIttd delivered in our presence: O� LARANN,LLC, a Florida limlj liability company (SEM By: FINKELSTEIN,Managing Member � Address: O rs tness Signalure Aol C (Printed Name S and W e (Printed Na STATE OF FLORIDA `= COUNTY OF PALM BEACH § The foregoing instrument was acknowledged before me this 1 day of 0—,2013, by LARRY FINKELSTEIN, as Managing Member for LARANN, LLC, a F ori a limited liability company, who has produced identification as referenced below. LARRY FINKELSTEIN Identification: WITNESS MY HAND AND OFFICIAL SEAL OF OFFICE tpRY PU"k+ C llM SEYBM # * MYCOMMISSIMIEE 2M Notary Public EXPIRES:June 20,2018 printed Na e• � f C3-'L" +– My Commission expires: FAWORDDOC\Mae\Closing Docs\4600 fi1es\4612\M-WD-Corp to Ldoc 2 49 Book25924/Pagel863 Page 2 of 2 ~ Q ¢ S. 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N m w m ° ` � u°� a) �o �6E ' O o — v N z o 0 to S n v Q 0 OQ O W Q Qw LU LU w co $o N t> co z v°m co °- o LUN w� =x z Q O d >, -o m `O t d Q y of d o LLQ w¢ ¢ zr pr ¢ asw w U o:_ QU= a) Co CO QO a Jp xx x wU ¢ a Em' 2° ° `O ax.~ E E ° m W C7 a w'qio d v d v aEi wo E wo U N = r tt � as x OcooE J a¢ 20 ~O �v� d as 3 �_LL fn 2 H LL 0 C14 Zb i s I'm o CL LO r O o t CO m s: 1 o r �s s1 - �11 r, q z1r o O 2 O i r4 n �' � ., o C) - - Homeftad Exemption CFA,OS Palm Beach Cgunty Prop"AWaiser � I Owner Name: BROWN MCINTOSH VALRIE Marcel Control Number: 48-43-4S-21-29-043-4452 Location Address: 115 NE 4TH AVE f Structural Element Sketch for Building 1 for Building 1 to Exterior VINLY/ALUM/CION 1' Wall 1 SIDING 1, B' 2, Year Built 1934144 Air 3. Condition HTG&AC y ' Desc. 22 Heat FORCED AIR 4" Type DUCT S. Beat Fuel ELECTRIC 6. Bed 3 Rooms 7. Full Baths 2 t Half S. Baths 4 Exterior ' Wl'`all2 N/� tri 14, Roof GABLE/HIP Structure Roof 11. Cover MINIMUM l9901d 1 Interior WALL BD./ 12. Wall 1 WOOD Interior 13. Walt 2 N/A Floor 14. Type 1 WOOD FINE/SOFT t Floor 15. Type 2 N/A 1 . Stories 1 i Subarea and Sq. 30 Footage for Building 1 Code Description Sq' Footage BAS BASE,AREA 990 SFB SEMI FINISHED 144 BASE AREA. Total square 1134 Footage i Total Area tinder 1 134 Air: ( Extra Feature I Description Year Built Units No Extra.Feature Available Land Details Land Line Description Zoning Units Acres 51 http://www.co.palm-beach.fl..us/papalAsps/PropertyDetail0 tructuraiDetail.aspx?entity_id... n(tl £NOOl8e8d LOl �8 � tlEeOIbHS SZ'l IQA 'IISICI AOS OId s tBGI .... NWW `JNtddVIN B`JN(A3A`J(7S LOvLt/YO JJS ._ 8 aN`S31V7 OM 8WOHIAV "1 xe - A3ANn8 DIHdvNc)odQ1F AWGNn(>e +< 13 — _ � 3N1S ts4 3N _ its - � 4 0 m x o r v 3 26'6tr/ M.,£Z.tS,40N r W ti 11 z m 89'Btrl 3..4Z lEot05 o — _ z � I o i t x s e —— = K 66 MxMEo LON R 0 x� I fi J ��— �� - fldg Lt663s&E60S5A s „ ,99'694 M.BZ.M ON s m ( s w Gl I s x I # a h W M..L9.GE>6O j ka -.. -- OtlVA3l(1O91S3N0V3S 3 t z s - m ¢ � 5 fi E r d � � 6 S i � L k - 5 21 v P 4 n i L a g R A�.a qa a ;I@ Far 5 CL'Y,, ect,. cara� 1,10 Plia-cm xus7 etaU14n I r, v {S �t ZONING MAP ppraised Property ,f•n� r t 3 5 - � �0 t?� �'! FUTURE LAND USE MAP Appraised Property 53 E. R-2 Single and Two-family Residential District. 1. General. The purpose of the R-2 zoning district is to implement the medium density residential (MeDR) future land use map (FLUM)classification of the Comprehensive Plan. The intent of this conventional district is to stabilize and protect existing residential neighborhoods with densities no greater than ten(10)dwelling units per acre, and allowing limited types of non- residential uses. 2. Use(s) Allowed. See "Use Matrix Table 3-28" in Chapter 3,Article IV, Section 3.D. 3. Building and Site Regulations (Table 3-9). Existing and/or planned single-family homes shall conform to the R-1 district requirements; however, for duplex homes, the following lot and building requirements shall be observed: BUILDING/SITE REGULATIONS R-2 District Minimum lot area(per unit): 4,500 s.f.1 Minimum lot frontage: 75 feet Minimum yard setbacks: Front: 25 feet2 Rear: 25 feet3 Interior side: 10 feet2 Corner side: 25 feet 2,3 Minimum living area: 750 s.f. Maximum lot coverage: 40% Maximum Floor Ratio Area (FAR) 0.104 Maximum structure height: 25 feet 1 Single-family dwellings shall be constructed on lots that are no less than six thousand(6,000)square feet. 2 Pursuant to Section 8.B.below,parcels that have frontage on Martin Luther King Jr.Boulevard and are located within the Martin Luther King Boulevard Overlay Zone shall have front,side interior,and side corner setbacks in accordance with the mixed use-low intensity 1 zoning district(see Section 6.11.below). 3 On corner lots,the side setback adjacent to the street shall be not less than one-half(1/2)the front yard setback. However,where orientation of adjacent lots on both street frontages provide typical front yard setbacks,the comer lot shall provide for front yard setbacks along both streets. when two(2)front yard setbacks are provided for on a corner lot,no rear yard setback shall be required,only side yard setbacks shall be imposed. 4 A floor area ratio(FAR)up to 0.10 maybe considered for non-residential uses allowed within the R-2 district (see "Use Matrix"—Chapter 3,Article IV, Section 3),pursuant to the medium density residential land use category of the Comprehensive Plan. 5 Not to exceed two(2)stories. 54 D. R-1 Single-family Residential District. 1. General. The purpose of the R-1 zoning district is to implement the moderate density residential (MoDR) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to encourage single-family dwellings and structures at densities no greater than seven and one-half(7.5) dwelling units per acre, and allowing limited types of non-residential uses. 2. Use(s) Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.1). 3. Building and Site Regulations (Table 3-8). The following lot and setback requirements shall be observed: BUILDING/SITE REGULATIONS R-1 District Minimum lot area: a 6,000 s.f. Minimum lot frontage: 60 feet Front: 25 feet Rear: 20 feet Special rear yard setback reduction for single-story building additions:I Abutting: I-95 or railroad tracks: 50% Abutting: Intracoastal: 50% Abutting: Lakes: 50% Abutting: Golf Course: 50% Abutting: Canals wider than 150 ft 50% Abutting: Canals narrower than 150 ft 33% Abutting: Perimeter walls of community that abut other than residential: Abutting: Commercial or Industrial 50% Abutting: Public or private park: 50% Interior side: 7.5 feet Comer side: 25 feet2 Minimum living area: 1,200 s.f. Maximum lot coverage: 50% Maximum structure height: 30 feet 55 ' 3 J O a x ++ d d d d z z z z to w w z z E U •• a Q YC to YC YC o O to O N [— to O y O c� O c v �1. O o O Q. M y 00 O m � U VI O LO kn o II I C LL W c� �O O O cc 0 `n U •� O OO o ffQ .. ori, "' o O N o d �m r-: z to z x cd W ch U oO o 0 O d to O t d Q rx Q z �o 1:T z z U Qo o ttn z oo r- 1:T z O O o O O DD t Q �� i z 01 01 -- z I O O a0 r. aj Cd Q Qz "O c. Q. $.. c� O fy (� U U Cd p �' Q s .. bD O O Q C/1 tom~" O s. _ _._ U 3 .3u � GTr140. z z z z z z z z 00 w w w w z z z z z • � � d d d d d d d d w w w w z z z z z 00 z z z z z z z z N N N N O z z z z z z z z U O / O O O O O M O O M N r- N N Fri N kn to kn kn M kn kn 44 O O N kn O by o 0 0 0 0 0 0 0 N N O O O O O <M O O N N v A4 0 0 0 0 0 0 0 0 M N -•� N N �n �n �n �n �n M �n �n Cd �. .-. OCd O V N 4 Cdto to L" o O .. C7 U U U w r� r� U rx U ---� EJ Sec. 11. Nonconforming Regulations. A. Lots and Parcels. 1. R-1 District, R-IA District, R-2 District, and R-3 District. A detached single-family dwelling may be constructed on any parcel located in an R-1, R-1 A, R-2, or R-3 district, provided that it meets all of the following requirements: a. The parcel contains at least one (1)whole platted lot,platted prior to August 7, 2001; b. The parcel, or assemblage of platted parcels which individually meet the requirements of paragraph a. above, has a frontage of not less than fifty (50) feet, and a lot area of not less than five thousand(5,000) square feet(irregular, other than rectangle-shaped lots with less than five thousand(5,000) square feet of area may be developed if in conformance with all other lot regulations); c. All such parcels, when developed, shall comply with all provisions of the Land Development Regulations and applicable building code regulations, including without limitation sections of the building code regulations regarding the impact of construction and drainage on or to adjacent properties. -- N 2. R-2 District. Within R-2 districts, in subdivisions platted prior to the effective date of these Regulations, where the platted lots have a frontage of at least forty (40) feet but less than fifty (50)feet,the following rules shall apply: a. A detached single-family dwelling may be constructed on any such parcel,provided that the parcel contains at least one (1)whole platted lot. b. A duplex dwelling may be constructed on any parcel,provided that it meets the following requirements: (1) The parcel contains at least two (2)whole platted lots; (2) Property cannot be acquired from adjacent parcels so as to make the subject parcel conforming, without causing the adjacent parcels to become nonconforming or more nonconforming. c. For any parcel, lot, or combination of lots, where the total frontage is equal or greater than one hundred twenty (120)feet, and the total area is greater than twelve thousand(12,000) square feet, said property shall not be developed except in accordance with the minimum frontage and lot area required in the R-2 zoning district. d. Ownership of parcels shall be determined by the property tax rolls on file in the Palm Beach County Property Appraiser's Office as of the effective date of these Regulations. 3. R-I AA District. A detached single-family dwelling may be constructed on any parcel located in an R-1 AA district,without requiring a variance,provided that it meets the following requirements: a. The parcel contains at least one (1)whole platted lot. b. The parcel has a frontage of not less than sixty (60) feet,and a lot area of not less than six thousand, seven hundred fifty (6,750) square feet in area. c. It would not be possible to acquire property from adjacent parcels so as to make the subject parcel conforming,without causing the adjacent parcels or structures thereon to become nonconforming or more nonconforming. For any parcel or lot, or combination of lots under the same ownership, where the total frontage and the total area is equal to or greater than that which is required by the R-IAA district building and site regulations, said property shall not be developed except in accordance with the minimum frontage and lot area required in the particular zoning district. Not more than one (1)parcel or lot, or combination of lots under the same ownership,that is nonconforming but which meets the requirements under b. above may be developed for a single- family house. 58 ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Page 1 of 3 Sec. 2. Standards. A. General. 1. Rules and Methodology. a. Parking space requirements shall be computed on the basis of the principal use of a structure or lot, and using gross floor area unless stated otherwise in this article. Gross floor area, for the purposes of this subsection, shall include the floor area occupied by the principal use,plus the floor area occupied by all other enclosed spaces, including but not limited to storage rooms,maintenance and mechanical rooms, offices, lounges, restrooms, lobbies, basements, mezzanines, and hallways. b. Where several principal uses exist in one (1) structure or on one (1) lot,parking space requirements shall be computed separately for each principal use,unless stated otherwise in this article. Where parking spaces are required in this article for each of several principal uses that commonly occur together,this is done for the purpose of clarification only, and shall not limit the application of the requirement contained in this paragraph. c. A use shall be considered a principal use, for the purposes of this subsection, if it could exist separately from all other uses in the same structure or on the same lot, and would by itself generate significant parking demand. d. Where several principal uses exist in one (1)building or part of a building, and the floor area of each principal use cannot be clearly delineated,the parking space requirement for the use requiring the greatest number of parking spaces shall apply. e. Where a use is not listed below, parking space requirements shall be determined by the City Commission after review and recommendation by the Director of Planning and Zoning or designee. f. Where the number of required parking spaces as computed includes a fraction,the number of required parking spaces shall be the computed number rounded to the next highest whole number. g. Except as provided in Section 3.E. below,there shall be provided, at the time of the erection of any structure or establishment of any use, a number of off-street parking spaces in accordance with the following minimum requirements,and subject to the parking requirements of this subsection. Where a structure or use is enlarged or increased in capacity by any means, including a change in building occupancy which requires the provision of additional parking spaces, or a change in use to or which requires additional parking spaces,the minimum number of parking spaces shall be computed by applying these requirements to the entire structure or use. 2. Minimum Number of Required Off-Street Spaces for Non-Residential Uses. No fewer than four(4)parking spaces shall be provided for any non-residential use. 3. Location of Off-Street Parking Areas. a. Residential. Required parking spaces for all dwellings shall be located on the same lot as the dwelling to be served. b. Non-residential. Required parking spaces for all non-residential uses shall be owned by the owner of the building or lot to be served,and shall be located on the same lot, or not more than three hundred(300) feet distance,unless the property is located within those areas defined within the adaptive re-use section of the Code (Chapter 4, Article 5, Section 4). In those areas, required parking spaces may be leased within three hundred(300) feet of the use in which they serve, subject to Board and City Commission approval,and the property shall be posted with signage indicating to patrons the location of the leased parking. B. Table 4-17. Residential and Lodging Uses. Residential and Lodging Uses Standard Number of Required Parking Spaces 59 h4://www.amlegal.com/nxt/gateway.dll/Florida/boynton/partiiilanddevelopmentregulation... ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Page 2 of 3 Building area size is based upon gross floor area(in square feet)unless specifically expressed otherwise. Single-family,duplex dwelling,or mobile home: 21 Efficiency or one (1)-bedroom apartment: 1.5 1,2 Within mixed use high district: 1.332 Two (2) or more bedroom apartment: 21,2 Within mixed use high district: 1.661'2 Dormitories: 1 per unit Hotel&motel units containing one (1)-bedroom: 1.25 per unit Within mixed use high district: 1 per unit Hotel& motel suite containing two (2) or more 2 per unit bedrooms: Within mixed use high district: 1 per unit Group home(types 1 through 4): 1 per 3 beds Bed&breakfast: 13 Live/work unit: 1 per 2 units4 1 Residential driveways shall satisfy the parking space requirements for single-family detached dwelling units, duplexes, and multi-family dwelling units containing garages,provided such driveways are of sufficient size to meet the parking space requirements of this subsection. A residential driveway of sufficient size shall be provided prior to the issuance of a certificate of occupancy. For all required parking spaces not located within an enclosed garage, the first parking space shall be the minimum size required for a handicap space, exclusive of public or private rights-of-way, and all other required spaces must be dimensioned in accordance with current city standards. All driveways shall be setback at least two (2) feet from interior side and corner side property lines, and maintained and drained so as to prevent nuisance conditions or a danger to the public and/or adjacent property owners. Any expansion to an existing driveway shall require a zoning permit from the Planning and Zoning Division in accordance with the procedures specified in Chapter 2,Article II, Section S.B.; however, any driveway expansion(or similar impervious surface)that is equal to or greater than eight hundred(800) square feet shall require the approval of a land development permit in accordance with Chapter 2, Article III, Section 3. Any work, such as a driveway,proposed within the swale (right-of-way) shall require a permit from the Engineering Division in accordance with the procedures specified in Chapter 2, Article III, Section 4. 2 Guest parking shall be provided at a rate of 0.15 spaces per unit for residential developments consisting of three (3)or more dwelling units. 3 Required parking shall be calculated on the basis of one (1) space per each employee, manager, or owner and one (1)parking space for each guest unit. Newly created parking may be located only in the rear and side yard. 60 http://www.amlegal.com/nxt/gateway.dll/Florida/boynton/partiiilanddevelopmentregulation... ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Page 3 of 3 4 In addition to the required parking for the residential unit,the city requires that one (1) parking space per two (2) live/work units be provided to meet business activity needs. Parking provided to meet this requirement shall be located on the lot,built into or under the structure, or within three hundred (300) feet of the unit in which the use is located. The distance shall be a straight line measurement from a point on the boundary line of the property of the subject unit to the closest boundary line of the property on which the parking is located. Parking provided to accommodate said space, including driveways of adequate depth in front of the unit's garage, shall not serve as meeting required parking for the unit's residential use. 61 http://www.amlegal.com/nxt/gateway.dll/Florida/boynton/partiiilanddevelopmentregulation... 1/8/2015 SUMMARY OF 2020-2021 USPAP(Uniform Standards of Professional Annraisal Practicel Standard Rule 2: Real Property Annraisal. Re on rting In reporting the results ofa real property appraisal, an appraiser must communicate each analysis, opinion, and conclusion in a manner that is not misleading. STANDARD 2 addresses the content and level of information required in a report that communicates the results of the real property appraisal. STANDARD 2 does not dictate the form,format, or style of real property appraisal reports. The substantive content ofa report determines its compliance. STANDARDS RULE 2-1 Each written or oral real property appraisal report must: (a) clearly and accurately set forth the appraisal in a manner that will not be misleading; (b) contain sufficient information to enable the intended users of the appraisal to understand the report properly; and (c) clearly and accurately disclose all assumptions, extraordinary assumptions, hypothetical conditions, and limiting conditions used in the assignment. STANDARDS RULE 2-2 Each written real property appraisal report must be prepared under one of the following options and prominently state which option is used.Appraisal Report or Restricted Appraisal Report. An appraiser may use any other label in addition to, but not in place of, the labels set forth in this Standards Rule for the type of report produced. The use of additional labels such as analysis, consultation, evaluation, study, or valuation does not exempt an appraiser from adherence to USPAP. The report content and level of information requirements in this Standards Rule are minimal for each type of report.An appraiser must supplement a report form, when necessary, to insure that any intended user of the appraisal is not misled and that the report complies with the applicable content requirements. (a) The content of an appraisal report must be appropriate for the intended use or the appraisal and, at a minimum: (i) state the identity of the client, or if the client requested anonymity, state that the identity is withheld at the client's request but is retained in the appraiser's workfile; (ii) state the identity ofany other intended users by name or type; (iii) state the intended use of the appraisal; (iv) contain information, documents, and/or exhibits sufficient to idents the real estate involved in the appraisal, including the physical, legal, and economic property characteristics relevant to the assignment; (v) state the real property interest appraised; (vi) state the type and definition of value and cite the source of the definition; (vii) state the effective date of the appraisal and the date of the report; (viii)summarize the scope of work used to develop the appraisal; ()x) summarize the extent of any significant real property appraisal assistance; 62 SUMMARY OF 2020-2021 USPAP(Uniform Standards of Professional Annraisal Practicel Standard Rule 2: Real Property Annraisal. Re on rting (x) provide sufficient information to indicate that the appraiser complied with the requirements of STANDARD I by: (1) summarizing the appraisal methods and techniques employed; (2) stating the reasons for excluding the sales comparison, cost, or income approach(es) if any have not been developed; (3) summarizing the results of analyzing the subject sales, options, and listings in accordance with Standards Rule 1-5; (4) stating the value opinion(s) and conclusions(s); and (S) summarizing the information analyzed and the reasoning that supports the analyses opinions, and conclusions, including reconciliation of the data and approaches; (xi) state the use of the real estate existing as of the effective date and the use of the real estate reflected in the appraisal; (xii) when an opinion of highest and best use was developed by the appraiser, state that opinion and summarize the support and rationale for that opinion; (xiii) clearly and conspicuously: • state all extraordinary assumptions and hypothetical conditions, and • state that their use might have affected the assignment results, and (xiv)include a signed certification in accordance with Standards Rule 2-1. STANDARDS R ULE 1-5 When the value opinion to be developed is market value, if such information is available in the normal course of business: a) analyze all agreements of sale, options, or listings of the subject property current as of the effective date of the appraisal; b) analyze all sales of the subject property that occurred within the three(3) years prior to the effective date of the appraisal. 63 475.611 Florida Statutes: Definitions.- (1) As used in this part, the term: (a) "Appraisal"or"Appraisal Services" means the services provided by certified and licensed appraisers or registered trainee appraisers, and includes: 1. "Appraisal assignment" denotes an engagement for which a person is employed or retained to act, or could be perceived by third parties or the public as acting, as an agent or a disinterested third party in rendering an unbiased analysis, opinion, review, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real property. 2. "Analysis assignment"denotes appraisal services that relate to the employer's or client's individual needs or investment objectives and includes specialized marketing, financing, and feasibility studies as well as analyses, opinions, and conclusions given in connection with activities such as real estate brokerage, mortgage banking, real estate counseling, or real estate consulting. 3. "Appraisal review assignment"denotes an engagement for which an appraiser is employed or retained to develop and communicate an opinion about the quality of another appraiser's appraisal, appraisal report, or work. An appraisal review may or may not contain the reviewing appraiser's opinion of value. (b) "Appraisal Foundation" or "foundation" means the Appraisal Foundation established on November 20, 1987, as a not-for-profit corporation under the laws of Illinois. (c) "Appraisal report" means any communication, written or oral, of an appraisal, appraisal review, appraisal consulting service, analysis, opinion, or conclusion relating to the nature, quality, value, or utility of a specified interest in, or aspect of, identified real property, and includes any report communicating an appraisal analysis, opinion, or conclusion of value, regardless of title. However, in order to be recognized in a federally related transaction, an appraisal report must be written. (d) "Appraisal review" means the act or process of developing and communicating an opinion about the quality of another appraiser's appraisal, appraisal report, or work. (e) "Appraisal subcommittee" means the designees of the heads of the federal financial institutions regulatory agencies established by the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. ss. 3301 et seq.), as amended. (f) "Appraiser" means any person who is a registered trainee real estate appraiser, licensed real estate appraiser, or a certified real estate appraiser. An appraiser renders a professional service and is a professional within the meaning of 95.11(4)(a). (g) "Board" means the Florida Real Estate Appraisal Board established under this section. (h) "Certified General Appraiser" means a person who is certified by the department as qualified to issue appraisal reports for any type of real property (i) "Certified Residential Appraiser" means a person who is certified by the department as qualified to issue appraisal reports for residential real property of one to four residential units, without regard to transaction value or complexity, or real property as may be authorized by federal regulation. Q) "Department" means the Department of Business and Professional Regulation. 64 2020 FLORIDA STATUTES Title XXXII Chapter 475 View Entire REGULATION OF PROFESSIONS REAL ESTATE BROKERS, SALES Chapter AND OCCUPATIONS ASSOCIATES, SCHOOLS, AND APPRAISERS 475.628 Professional standards for appraisers registered, licensed, or certified under this part.— (1) The board shall adopt rules establishing standards of professional practice which meet or exceed nationally recognized standards of appraisal practice, including standards adopted by the Appraisal Standards Board of the Appraisal Foundation. Each appraiser registered, licensed, or certified under this part must comply with the rules. Statements on appraisal standards which may be issued for the purpose of clarification, interpretation, explanation, or elaboration through the Appraisal Foundation are binding on any appraiser registered, licensed, or certified under this part, upon adoption by rule of the board. (2) The board may adopt rules establishing standards of professional practice other than standards adopted by the Appraisal Standards Board of the Appraisal Foundation for nonfederally related transactions. The board shall require that when performing an appraisal or appraisal service for any purpose other than a federally related transaction, an appraiser must comply with the Ethics and Competency Rules of the standards adopted by the Appraisal Standards Board of the Appraisal Foundation, and other requirements as determined by rule of the board. An assignment completed using alternate standards does not satisfy the experience requirements under s. 475.617 unless the assignment complies with the standards adopted by the Appraisal Standards Board of the Appraisal Foundation. History.—ss. 9, 11, ch. 91-89; s. 4, ch. 91-429; s. 35, ch. 98-250; s. 22, ch. 2012-61; s. 9, ch. 2017-30. 65 Page 1 of 5 Vance Real Estate Service ANWONNNOMMIL 9 Jesse B. Vance, Jr., MAI, SRA, ASA, MBA Appraiser - Real Estate Analyst - Reviewer - Expert Witness Vance Real Estate Service - 7481 NW 4 Street - Plantation - Florida - 33317 Office: 954.583.2116; Cell: 954.610.2423; Email: vanceval(a,comcast.net Web Page: www.vancerealestateservice.com Vance Real Estate Service is a Veteran-Owned Small Business (VOSB) and Florida Certified SDVBE Minority Business Enterprise specializing in personalized real estate valuation services in Florida for over 35 years. Currently registered in"SAM" (U.S. Government System for Award Management—DUNS 826494957).Designated appraisers perform the appraisal work,no trainees. Jesse B. Vance, Jr., MAI, SRA, ASA, MBA and Claudia Vance, MAI are qualified as expert witnesses for eminent domain, bankruptcies, deficiency judgments, marriage dissolution, and estate valuations. Our firm values most types of real property interests for sale, mortgage loans, litigation and investment reasonably, timely and professionally. As licensed real estate brokers,we perform most other real property functions.We also do"Valuations for Financial Reporting." PROFESSIONAL QUALIFICATIONS A)PROFESSIONAL DESIGNATIONS/DEGREES/LICENSES&CERTIFICATIONS MAI DESIGNATION - APPRAISAL INSTITUTE/Life Member No. 8781 SRA DESIGNATION - APPRAISAL INSTITUTE/Life Member No. 8781 ASA DESIGNATION - AMERICAN SOCIETY OF APPRAISERS(RE-Urban)4003439 MBA DEGREE - REAL ESTATE MANAGEMENT AND DEVELOPMENT STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER 4RZ-85(Florida) FLORIDA STATE LICENSED REAL ESTATE BROKER NO.BK.91050 REGISTERED VETERAN-OWNED SMALL BUSINESS(CCR/Duns 826494957) FLORIDA CERTIFIED SDVBE BUSINESS ENTERPRISE(Minority Business Enterprise-MBE) FLORIDA"D.E.P."APPROVED APPRAISER Currently registered in"SAM"(U.S.Government System for Award Management). B)QUALIFIED AS AN EXPERT WITNESS IN REAL ESTATE VALUATION 1.U.S.Court of Appeals,Eleventh Circuit 2.U.S.District Court,Southern District of South Florida 3.U.S.District Court,New Jersey 4.U.S.Bankruptcy Court,Southern District of Florida 5.U.S.Bankruptcy Court,District of New Jersey 6.U.S.Bankruptcy Court,Western(Pittsburgh)Division of Pennsylvania 7.Florida Circuit Courts:Broward,Dade,Palm Beach,Lee,Collier,Martin,and Okeechobee Counties 8.Appraiser on landmark eminent domain cases:TESSLER,NESS TRAILER PARK,PATEL,SIMPSON v. FILLICHIO,RUBANO,PALM BEACH COUNTY(FL)vs.COVE CLUB INVESTORS,LTD. C)EXPERIENCE Over thirty-five(35)years appraising and analyzing real property interests in South Florida Partial list: RESIDENCES, RESTAURANTS/BARS, APARTMENT BUILDINGS, OFFICE BUILDINGS HOTELS/MOTELS, CHURCHES, CONDOMINIUMS/COOPS, HOSPITALS &NURSING HOMES, VACANT LAND, GOLF COURSES, GOLF CLUBS, GASOLINE SERVICE STATIONS, MARINAS, TRAILER PARKS, SHOPPING CENTERS, BANKS/THRIFT INSTITUTIONS, BOWLING ALLEYS, P.U.D.'S, INDUSTRIAL BUILDINGS, TIME-SHARE DEVELOPMENTS, ROCK PITS, SCHOOLS, AGRICULTURAL PROPERTIES, WATER MANAGEMENT DISTRICT, MARKETABILITY, FEASIBILITY ANALYSES, INVESTMENT ANALYSES, AUTO SALES FACILITIES, LEASE VALUATIONS, TAX & ASSESSMENT APPEALS, CONDEMNATION, EXPERT WITNESS (Member National Forensic Center), BUSINESS ENTERPRISE VALUATIONS (BEV), (VFR) VALUATION FOR FINANCIAL REPORTING, AVIGATION & CLEARANCE EASEMENTS, ESTATES, DIVORCES, PLANNING/LAND USE STUDIES, HIGHEST & BEST USE ANALYSES, DEPRECIATION ANALYSES, COMPONENT APPRAISALS, ENVIRONMENTALLY SENSITIVE LAND, CONTAMINATED PROPERTIES, SUGARCANE & TURFGRASS LAND, DAY CARE CENTERS, SELF-STORAGE FACILITIES, FUNERAL HOMES, ANIMAL HOSPITALS, SUBMERGED LAND, CITY CENTERS,etc. 66 Page 2 of 5 D)PARTIAL LIST OF CLIENTS PRIVATE INDIVIDUALS AND CORPORATIONS, ATTORNEYS, ACCOUNTANTS, TRUST DEPARTMENTS, COMMERCIAL BANKS: Wells Fargo; BankAtlantic; SunTrust; American National Bank; Landmark Bank; City National Bank; BankUnited; Gateway American Bank; State Farm Bank; Englewood Bank & Trust; SAVINGS & LOANS, INSURANCE COMPANIES, REAL ESTATE INVESTMENT TRUSTS, & REAL ESTATE TRANSFER COMPANIES, TITLE INSURANCE COMPANIES; FLORIDA CITIES: FORT LAUDERDALE, PLANTATION, COOPER CITY, TAMARAC, LAUDERHILL, BOCA RATON, DEERFIELD BEACH, OAKLAND PARK, WILTON MANORS, HOLLYWOOD, WEST PALM BEACH, DELRAY BEACH, HALLANDALE, PEMBROKE PINES, COOPER CITY, TOWN OF DAVIE, TOWN OF SOUTHWEST RANCHES, MIRAMAR. FLORIDA COUNTIES: BROWARD, PALM BEACH,COLLIER, OKEECHOBEE;BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS;OKEECHOBEE BOARD OF COUNTY COMMISSIONERS. SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, BROWARD COUNTY HOUSING AUTHORITY,STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION(DOT); STATE OF FLORIDA DIVISION OF GENERAL SERVICES(GSA); N. BROWARD GENERAL HOSPITAL DISTRICT; STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Approved Vendor);U_S. TREASURY DEPARTMENT(General Counsel, I.R.S.);U.S.MARSHAL'S SERVICE—U.S.ATTORNEY'S OFFICE CENTRAL DIVISION—U.S.Dept.of Justice; VETERANS ADMINISTRATION E)EDUCATIONAL BACKGROUND-(Partial List) BACHELOR OF ARTS- Earlham College,Richmond,Indiana(1954) MBA(Nova University) - Real Estate Management&Development(National Dean's List 1991) Course 1 (AIREA) - Basic Principles of Appraising Course 2 (AIREA) - Urban Property Valuation(Income) Course 4 (AIREA) -Condemnation Appraising Course 6 (AIREA) - Income Capitalization&Analysis Course 101(SREA) - Introduction to Appraising Course 201(SREA) - Income Property Valuation,Theory Course 202(SREA) - Applied Income Property Valuation Course 301(SREA) - Applications/Appraisal Analysis Symposium (SREA) - Market Analysis,1978,Virginia Symposium (SREA) - Market Analysis,1979,Arizona Symposium (SREA) - Market Analysis,1980,South Carolina Symposium (SREA) - Market Analysis,1981,Tennessee Symposium (SREA) - Market Analysis,1982,New Mexico Symposium (SREA) - Market Analysis,1983,Pennsylvania Symposium (SREA) - Market Analysis,1984,Georgia Symposium (SREA) - Market Analysis,1985,Vancouver,B.C. Symposium (SREA) - Market Analysis,1986,New Jersey Clinic (SREA) -#201 Instructor,1987,U.of Illinois Clinic (SREA) -#201 Instructor,1988,Illinois Seminar (SREA) - Professional Practice,1988,Florida Symposium(SREA) - Market Analysis, 1988,California Symposium(SREA) - Market Analysis, 1989,Minnesota MBA Graduate School Courses: 1990—1991 Successfully completed the following graduate school courses: - "Regulation of Real Estate Development" - "Real Properties Management" - "Legal Issues In Real Estate" - "Market Analysis and Site Selection" - "Organizational Behavior and Management' - "Human Resource Management" - "Real Estate Economics" -"R.E.Finance:Instruments,Institutions&Investment Analysis" - "Urban Infrastructure&Environmental Analysis" - "Real Estate Accounting" - "Marketing Management for Real Estate" - "Commercial Real Estate Lending" - "Construction Technology and the Building Development Process" SEMINAR (AI) - Cost Approach(1992/Boston) SEMINAR (AI) - Rates&Ratios(1992/Boston) SEMINAR (AI) - International Appraising(1992/Boston) SEMINAR (AI) - Litigation Valuation/Mock Trial(1993) SEMINAR (AI) - ADA ACT(1993/Reno) SEMINAR (AI) - Hotel Valuation(1993) SEMINAR (AI) - Income Capitalization,Methods(1993) SEMINAR (AI) - Powerlines/Electromagnetic Radiation(1994) SEMINAR (AI) - Verifying Market Data(1994) SEMINAR (AI) - Market Studies for Appraisals(1994) SEMINAR (AI) - Florida Appraiser Core Law(USPAP/1994) 67 Page 3 of 5 E)EDUCATIONAL BACKGROUND-(Partial List,continued) SEMINAR (AI) - Limited Appraisals&Reports(USPAP/1994) SEMINAR (AI) - Public Safety&Property Values(1995) SEMINAR (AI) - Outparcel Valuation(1995) SEMINAR (AI) - Computer Technology Video Conference(1995) SEMINAR (AI) - The Internet&the Appraiser(1996) SEMINAR (AI) - Florida Commercial Construction(1996) SEMINAR (AI) - Real Property Rights in Florida(1996) COURSE (AI) - USPAP&Florida Real Estate Core Law(1996) SEMINAR (AI) - Valuation of Trees(199 7) 3-DAY COURSE - Environmental Permitting/Mitigation/Mitigation Banking/Contamination Risk Management- Liability/Wetlands/Hazardous Wastes/LenderLiability(1997/Marco Beach.FL) SEMINAR(AI) -Valuation of Transferable Development Rights[TDR's](1997) COURSE (AI) - Standards of Professional Practice,Part C,15 hour Course#430(1997) SEMINAR(AI) - Non-Conforming Uses(1998) SEMINAR(AI) - The Impact of Contamination on Real Estate Value(1998) COURSE (AI) - USPAP&Florida Real Estate Core Law(1998) SEMINAR(AI) - Econometrics/Statistical Valuation Methods(1999) COURSE (AI) - 14 Hour(2-day)Advanced Spreadsheet Modeling for Valuation Applications SEMINAR(AI) - Globalization of Real Estate/What U.S.Appraisers Need to Know(1999) SEMINAR(AI) - The Role of the Appraiser in Alternative Dispute Resolution(Mediation/Arbitration)(1999) SEMINAR(AI) - Technology Forum Part II/Intermediate(1999) SEMINAR(AI) - Client Satisfaction/Retention/Development(1999) SEMINAR(AI) - Attacking and Defending an Appraisal(1999) SEMINAR(AI) - Federal Appraisal Requirements("Yellow Book')(2000) SEMINAR(AI) - Regression Analysis in Appraisal Practice:Concepts&Applications(2000) SEMINAR(AI) -Analyzing Income Producing Properties(2000) SEMINAR(ATIF) - 1031 Tax Deferred Exchanges(2000) COURSE (AI) -USPAP&Florida Real Estate Core Law(2000) SEMINAR(AI) - Mediation&Alternate Dispute Resolution Seminar(2001) SEMINAR(AI) - State of the Appraisal Profession(2001) 2-Day SEMINAR - Eminent Domain,by CLE International,Tampa,Florida(200 1) SEMINAR(AI) -Ad Valorem Assessment Process in Florida(2002) SEMINAR(AI) -Role of Real Estate Appraisers in Bankruptcy Proceedings(2002) SEMINAR(AI) -Appraisers&the Gramm-Leach-Bliley Federal Privacy Act(2002) SEMINAR(AI) -How to Appraise the Ugly House(2002) COURSE(AI) -2-Day Course#430,Standards of Professional Practice,Part C(2002) SEMINAR(AI) -Market Trends for 2003(2003) SEMINAR(AI) -Update on Code of Professional Ethics(2003) PANEL(AI) -Moderator"Industry,Consumer&Congressional Views on Predatory Lending"D.C.(2003) SEMINAR(AI) -Florida State Law for Real Estate Appraisers(2003) SEMINAR(AI) -Appraisal Agreements(2003) SEMINAR(AI) -Analyzing Distressed Real Estate(2004) SEMINAR(AI) -Valuation for Financial Reporting Purposes(2004) SEMINAR(AI) -7 Hour National USPAP Update Course#1400(2004) SEMINAR(AI) -Inverse Condemnation(2004) SEMINAR(AI) -Appraiser Independence in the Loan Process(2004) SUMMIT (AI) -Moderator at 2-day Appraisal Summit in Washington,D.C.(12/2004) SEMINAR(AI) -Loss Prevention Program for Real Estate Appraisers(2005) SEMINAR(AI) -Valuation of Wetlands(7/2005) SEMINAR(AI) -Tri-County Residential Symposium(8/2005) SEMINAR(AI) -"Cool Tools"Internet Resources and Use for Valuation(2/2006) SEMINAR(AI) -FREAB 7-Hour National USPAP Update(5/2006) SEMINAR(AI) -FREAB 3-Hour Florida State Law for Real Estate Appraisers(5/2006) SEMINAR(AI) -USPAP Scope of Work&New Requirements(8/2006) SEMINAR(AI) -USPAP Reappraising,Readdressing&Reassigning Appraisal Reports(2/2007) SEMINAR(AI) -Al Summary Appraisal Report/Residential(4/07) COURSE(Fla..) -14-Hour Continuing Education(including 3-Hour Florida Core Law)(7/2007) SEMINAR(AI) -Real Estate Fraud:Appraisers Beware!(8/2007) SEMINAR(AI) - Florida Law for Real Estate Appraisers(11/2007) COURSE(AI) -Business Practices and Ethics—8 hours(12/2007) SEMINAR(AI) -Supervisor Trainee Roles and Rules(2/2008) SEMINAR(AI) -7 Hour National USPAP(4/2008) SEMINAR(AI) -USPAP Hypothetical Conditions&Extraordinary Assumptions(5/2008) SEMINAR(AI) -Litigation Skills for the Appraiser—7-Hour Seminar(9/2008) SEMINAR(AI) -Public Sector Appraising(2/2009) 68 Page 4 of 5 E)EDUCATIONAL BACKGROUND-(Partial List,continued) WEBINAR(AI) -Develop an Effective Marketing Plan(3/2009) SEMINAR(AI) -Inspecting the Residential"Green House"(4/2009) SEMINAR(AI) -Property Tax Assessment(5/2010) SEMINAR(AI) -Supervisor Trainee Roles and Rules(7/2010) SEMINAR(AI) -Florida Law for Real Estate Appraisers(7/2010) SEMINAR(AI) -7-Hour Introduction to Valuation for Financial Reporting—Chicago(5/2009) SEMINAR(AI) -Government Regulations&Their Effect on R.E.Appraising(8/2009) SEMINAR(AI) -R.E.Market:How We Got Here,Where We Are,Where We're Going(10/2009) SEMINAR(AI) -7 Hour National USPAP Update Course(10/1/2010) COURSE (AI) -7 Hour Introduction to Conservation Easement Valuation(12/10/2010) SEMINAR(AI) -The Real Estate Market(2/18/2011) COURSE (AI) - 16 Hours Uniform Appraisal Standards for Federal Land Acquisitions("Yellow Boob')(2/25-26/2011) WEBINAR(AI) -Real Estate Industry Perspectives on Lease Accounting(4/7/2011) COURSE (AI) - 15 Hour Appraisal Curriculum Overview(5/19-20/2011) WEBINAR(AI) -2-hour Investment Property Accounting Standards(6/8/2011) SEMINAR(AI) -3 Hour Spotlight on USPAP—Agreement for Services(7/15/2011) COURSE (AI) - 14 Hours(2-day)Advanced Excel Spreadsheet Modeling for Valuation Applications(9/22&9/23/2011) SEMINAR(AI) - Trial Components(11/4/11) SEMINAR(AI) - Lessons from the Old Economy Working in the New(1/20/2012) 7-Hour USPAP -National USPAP Update(3/9/2012) 3-Hour Fla..Law -State Law Update(3/9/2012) SEMINAR(AI) - Appraisal Review for General Appraisers(4/12/2012) SEMINAR(AI) - Land Valuation(4/20/2012) SEMINAR(AI) - The Valuation of Warehouses(6/22/2012) SEMINAR(AI) - Town Hall Meeting:2012 Appraisal Institute Forum(7/12/2012) SEMINAR(AI) - IRS Valuation(7/19/2012) SEMINAR(AI) - 7 Hour Business Practices and Ethics Course(12/7/2012) SEMINAR(AI) - Real Estate Forecast 2013(1/25/2013) COURSE(AI) - 7 Hour Advanced Marketability Studies(5/6/2013) SEMINAR(AI) - Developing a Supportable Workfile(11/15/2013) SEMINAR(AI) - Florida Appraisal Law Course(2/7/2014) SEMINAR(AI) - Liability Issues for Appraisers performing Litigation&Non-Lending Work(2/24/2014) COURSE(AI) - 7 Hour National USPAP Update Course(4/25/2014) SEMINAR(AI) - Economic Conditions(5/16/2014) SEMINAR(AI) - Fundamentals of Going Concerns(7/16/2014) SEMINAR(AI) - Litigation Assignments for Residential Appraisers(7/24/2014) SEMINAR(AI) - Economic Engines of Miami-Dade County,Florida(1/23/2015) SEMINAR(AI) - Economic Engines Driving Broward County,Florida(5/15/2015) 3-Hour Fla.Law - Florida Real Estate Broker 14-hour Continuing Education Course (incl.3 hour core law)with exam(9/2015) SEMINAR(AI) -Drone Technology&its Effect on Real Estate Valuations(11/2015) SEMINAR(AI) -Loss Prevention for Real Estate Appraisers(1/22/2016) COURSE(AI) -7-Hour National USPAP Update Course(4/22/2016) SEMINAR(AI) -3-Hour Florida Appraisal Law(4/22/2016) SEMINAR(AI) -4-Hour Appraisals in the Banking Environment(5/6/2016) SEMINAR(AI) -Appraising the Tough One:Mixed Use Properties(8/19/2016) SEMINAR(AI) -4-Hour Business Practices&Ethics(12/02/2016)5-Year Requirement WEBINAR(AI) -2-Hour Yellow Book Changes—Overview for Appraisers(1/11/2017) SEMINAR(AI) -3-Hours Economic Engines Driving Broward County in 2017(1/27/2017) COURSE(AI) -7-Hours:Introduction to Green Buildings Principles&Concepts(2/24/2017) COURSE(AI) -4 Hours:Another View of the Tough One:Sales Comparison Approach for Mixed-Use Properties(5/19/2017) SEMINAR(AI) -4 Hours:Appraising for Federal Office of Valuation Services&Yellow Book Review(8/18/2017) COURSE(BR) -14 Hours Real Estate Continuing Education,including 3-Hour Florida Real Estate Core Law(9/13/2017) COURSE(AI) - 4-Hours:2-4 Unit Small Residential Income Property Appraisals(11/3/2017) COURSE(AI) - 15 Hours"Yellow Book"Unifonn Appraisal Standards for Federal Land Acquisitions—Passed Exam(11/10/2017) SEMINAR(AI) - 3 Hours"Hot Topics and Myths in Appraiser Liability"(1/26/2018) COURSE(AI) - 7-Hour National USPAP Update Course(2/9/2018) SEMINAR(AI) - 3 Hours Florida Appraisal Law(2/9/2018) SEMINAR(AI) - 3 Hours"Parking Impact on Florida Properties"(5/4/2018) SEMINAR(AI) - 4 Hours"Technology Tips for Real Estate Appraisers"(9/21/2018) SEMINAR(AI) - 3 Hours "Airport Appraisals) (01/25/2019) SEMINAR(AI) - 4 Hours"Understanding an Investigation by a State Appraiser Regulatory Board or Agency(5/17/2019) SEMINAR(AI) - The 50%FEMA Appraisal Rule(8/23/2019) COURSE (BR) - 14 Hours Required Education(8 hrs.Specialty Education;3 hrs.Core Law,3 hrs.Business Ethics(9.3.2019) SEMINAR(AI) - Artificial Intelligence,AVMs,and Blockchain:Implications for Valuation. (1/24/2020) 69 Page 5 of 5 F)APPRAISAL TEACHING EXPERIENCE Licensed by the Florida Department of Education to Teach(Certificate No.275236). Authored and taught Residential and Commercial Real Estate Appraisal Courses for Broward County Adult Education Program. Taught Course 101 - Society of Real Estate Appraisers. Taught Course 201 - Society of Real Estate Appraisers. Taught Appraisal Seminars-Board of Realtors,ASA, SREA,and Al (Appraisal Institute). Adjunct Professor, University of Florida Division of Continuing Education: (taught Course 2, "Real Estate Principles and Practices" to prospective Florida Real Estate Brokers). G)PROFESSIONAL OFFICES HELD/AWARDS NATIONAL B.O.D.MEMBER - BOARD OF DIRECTORS of APPRAISAL INSTITUTE (2006-2008) AWARD - Appraisal Institute`NATIONAL PRESIDENTS AWARD"2008 AWARD - Appraisal Institute"LIFETIME ACHIEVEMENT AWARD"2011 For"high ethical standards,contributions to the Appraisal Institute,Community and Appraisal Profession for at least 20 years." CHAIR - REGION X -All of Florida -Appraisal Institute(2008) VICE-CHAIR - REGION X -All of Florida -Appraisal Institute(2007) THIRD DIRECTOR - REGION X -All of Florida -Appraisal Institute(2006) FINANCE OFFICER - REGION X—All of Florida—Appraisal Institute(2006) PRESIDENT - BROWARD COUNTY,SOCIETY OF REAL ESTATE APPRAISERS PRESIDENT - BROWARD COUNTY,AMERICAN SOCIETY OF APPRAISERS CHAIR - FLA.STATE GOVERNMENT RELATIONS SUBCOMMITTEE OF Al CHAIR - FLA.STATE LEGISLATION&REGULATION SUBCOMMITTEE OF Al G)PROFESSIONAL OFFICES HELD/AWARDS CHAIR - FLORIDA REALTORS COMMITTEE ON COMMITTEE REFORMS CHAIR - EDUCATION COMMITTEE,FT.LAUDERDALE CHAPTER Al CHAIR - CANDIDATES GUIDANCE COMMITTEE,FT.LAUDERDALE CHAPTER Al CHAIR - NATIONAL Valuation for Financial Reporting PROJECT TEAM OF Al VICE CHAIR&MEMBER - NATIONAL GOVERNMENT RELATIONS COMMITTEE OF Al(15 Years) MEMBER - NATIONAL LONG RANGE PLANNING COMMITTEE OF Al MEMBER - NATIONAL PUBLIC AFFAIRS COMMITTEE OF Al DIRECTOR - REGION X(Florida)Appraisal Institute MEMBER - REGION X(FLORIDA)ETHICS AND COUNSELING PANEL DIRECTOR - BROWARD COUNTY,FLORIDA SOCIETY OF REAL ESTATE APPRAISERS DIRECTOR - SOUTH FLORIDA CHAPTER AMERICAN SOCIETY OF APPRAISERS MEMBER - NATIONAL EXPERIENCE REVIEW PANEL MEMBER OF Al SPECIAL MASTER - BROWARD COUNTY BOARD OF TAX ADJUSTMENT COMMISSIONER - 17TH JUDICIAL CIRCUIT COURT,Broward County,FL MEMBER - 2013 APPRAISAL INSTITUTE NATIONAL BUSVAL PROJECT TEAM H)PROFESSIONAL PUBLICATIONS&PRESENTATIONS Wrote and taught a basic Residential Appraisal Course for the Broward County Adult Education Div.of the Dept.of Education; Wrote and taught an Income Appraisal Course for the Broward County Adult Education Division of the Department of Education; Co-authored and taught an appraisal course on Mortgage-Equity Capitalization for the American Society of Appraisers. Authored and taught a Florida State and Appraisal Institute 3-hour accredited course in"The Legislation,Regulation and Appraisal of Real Property Rights in Florida September 7,1996. Presentation on"Gramm-Leach-Bliley"Federal Privacy Act of 1999 for South Florida Chapter of American Society of Appraisers on October 24,2001. Presented 3-hour Florida CEU-credit seminar on"Appraisers and the Gramm-Leach-Bliley Act"before the South Florida Chapter of the Appraisal Institute on July 27,2002. Presenter at 6.5 Hour CLE-credit Attorney Seminar on Florida Eminent Domain,"Valuation and Damage Issues" February 2,2006, Fort Lauderdale,Florida P CIVIC INVOLVEMENT MEMBER OF ROTARY INTERNATIONAL/PAUL HARRIS FELLOW MEMBER OF THE GREATER FORT LAUDERDALE OPERA GUILD MEMBER FLORIDA PHILHARMONIC BROWARD TRUSTEES MEMBER OF THE BROWARD COUNTY LIBRARY SUPPORT GROUP("BYBLOS") MEMBER CIRCLE OF FRIENDS—NOVA SOUTHEASTERN LIBRARY FOUNDATION MEMBER NOVA SOUTHEASTERN UNIVERSITY ALUMNI ASSOCIATION MEMBER OF THE FORT LAUDERDALE HISTORICAL SOCIETY MEMBER OF THE BROWARD COUNTY MUSEUM OF THE ARTS MEMBER OF THE FORT LAUDERDALE/BROWARD COUNTY CHAMBER OF COMMERCE MEMBER OF THE BETTER BUSINESS BUREAU OF SOUTH FLORIDA LIFETIME HONORARY MEMBER FLORIDA SHERIFF'S ASSOCIATION MEMBER NATIONAL&FT.LAUDERDALE COUNCILS U.S.NAVY LEAGUE U.S.ARMY VETERAN WWII(RA 1721268 1)-HONORABLE DISCHARGE 1949 70 I of Vance Beal Estate Service ir 01% Claudia Vance, MAI Appraiser - Real Estate Analyst Reviewer Vance Real Estate Service - 7481 NW 4 Street Plantation - FL - 33317 Office: 954.583.2116 Cell: 954.647.7148 Email:vanceval(a,att.net Web Site:www.vancerealestateservice.com Vance Real Estate Service is a Veteran-Owned Small Business (VOSB) and Florida Certified SDVBE Minority Business Enterprise specializing in personalized real estate valuation services in Florida for over 35 years. Designated appraisers perform the appraisal work,no trainees. Our appraisals are used for financial/mortgage loan purposes from large mixed use complexes to small owner-occupied properties. We have the qualifications for appraisals submitted to SBA. Jesse B.Vance,Jr.,MAI, SRA,ASA and Claudia Vance,MAI are qualified as expert witnesses for eminent domain,deficiency judgments,marriage dissolution,and estates. Our firm values most types of real property interests,timely,professionally,and at competitive costs. PROFESSIONAL QUALIFICATIONS A)PROFESSIONAL DESIGNATIONS/LICENSES MAI Designation-APPRAISAL INSTITUTE No.9451 State-Certified General Real Estate Appraiser No.RZ-173 Florida State Licensed Real Estate Broker No.BK 0161305 VOSB Veteran-Owned Small Business(CCR/Duns 826494957) B)WORK HISTORY 1983-Current Vice President-Vance Real Estate Service 1981-1983 President-The Appraisal Company,Fort Lauderdale,Florida C)QUALIFIED AS AN EXPERT WITNESS IN REAL ESTATE VALUATION U.S.Bankruptcy Court,Southern District of Florida Florida Circuit Court:Broward County D)PROFESSIONAL DEVELOPMENT PROGRAM REGISTRIES Valuation of Sustainable Buildings: Cormnercial Valuation of Sustainable Buildings: Residential E)EXPERIENCE:35+years appraising and analyzing real property interests in South Florida. F)APPRAISER SPECIAL MAGISTRATE FOR THE BROWARD CO VALUE ADJUSTMENT BOARD 2002-2010 Partial list of real property types valued: High value residences,Condominiums/Co-operatives,Office,Industrial,Multi-family,Restaurants/bars,Auto dealerships,City Centers, Hotels/motels, Houses of worship, Schools, Child care centers, Self-storage, Funeral home, Animal Hospital, Mixed use,Nursing homes,Gas sales stations,Marinas, Mobile home parks, Shopping centers, Country clubs/golf courses,Financial institutions,Bowling centers,Vacant land, Agricultural properties,Environmentally sensitive land Tvpes of Reports: Market Value, Eminent Domain, Marketability, Feasibility, Highest and Best Use, Investment Analyses, Partial Interests, Easement Valuations,Estate planning,Marriage dissolution,Land use studies,Damage/Contamination studies 71 2 of G)PARTIAL LIST OF CLIENTS— PRIVATE: Individuals,Corporations,Attorneys,Accountants,Habitat for Humanity,Seminole Tribe of Florida COMMERCIAL BANKS: Wells Fargo; BankAtlantic; SunTrust Citigroup; Space Coast Credit Union; State Farm Bank; Florida Shores Bank;American National Bank;Landmark Bank;City National Bank;Englewood Bank&Trust SAVINGS & LOANS, INSURANCE COMPANIES, REAL ESTATE INVESTMENT TRUSTS, & REAL ESTATE TRANSFER COMPANIES,TITLE INSURANCE COMPANIES FLORIDA CITIES: Fort Lauderdale, Plantation, Cooper City, Deerfield Beach, Tamarac, Oakland Park, Wilton Manors, Davie,Hollywood,Pembroke Pines,Hallandale Beach,Lauderhill, Southwest Ranches,Miramar,Boca Raton,Boynton Beach, West Palm Beach,Delray Beach FLORIDA COUNTIES and AGENCIES: Broward,Palm Beach,Broward County Board of County Commissioners,School Board of Broward County,Broward County Housing Authority STATE OF FLORIDA Department of Transportation(FDOT),Department of Environmental Protection U.S.Department of Veterans Affairs,U.S.Department of Treasury(IRS),U.S Marshall's Service,U.S.Attorney Hl EDUCATIONAL BACKGROUND Academic: Bachelor of Arts Degree—University of New Orleans,New Orleans,LA—Major: English Professional: Symposium (SREA)- Market Analysis,1983,Philadelphia Symposium (SREA)- Market Analysis,1984,Atlanta Symposium (SREA)- Market Analysis,1985,Vancouver Symposium (SREA)- Market Analysis,1986,Atlantic City Symposium (SREA)- Market Analysis,1988,Los Angeles SEMINAR(AI) -Cost Approach(1992/Boston) SEMINAR(AI) -Rates&Ratios(1992/Boston) SEMINAR(AI) -International Appraising(1992/Boston) SEMINAR(AI) -Litigation Valuation/Mock Trial(1993) SEMINAR(AI) -ADA ACT(1993/Reno) SEMINAR(AI) -Hotel Valuation(1993) SEMINAR(AI) -Income Capitalization,Methods(1993) SEMINAR(AI) -Powerhnes/Electromagnetic Radiation(1994) SEMINAR(AI) -Verifying Market Data(1994) SEMINAR(AI) -Market Studies for Appraisals(1994) SEMINAR(AI) -Florida Appraiser Core Law(USPAP/1994) SEMINAR(AI) -Limited Appraisals&Reports(USPAP/1994) SEMINAR(AI) -Public Safety&Property Values(1995) SEMINAR(AI) -Outparcel Valuation(1995) SEMINAR(AI) -Computer Technology Video Conference(1995) SEMINAR(AI) -The Internet&the Appraiser(1996) SEMINAR(AI) -Florida Commercial Construction(1996) SEMINAR(AI) -1996 Data Exchange(1996) SEMINAR(AI) -Real Property Rights in Florida(1996) COURSE (AI) -USPAP&Florida Real Estate Core Law(1996) SEMINAR(AI) -Valuation of Trees(1997) SEMINAR(AI) -Valuation of Transferable Development Rights[TDR's](1997) COURSE (AI) -Standards of Professional Practice,Part C,15 hour Course#430(1997) SEMINAR(AI) -Non-Conforming Uses(1998) SEMINAR(AI) -The Impact of Contamination on Real Estate Value(1998) COURSE (AI) -USPAP&Florida Real Estate Core Law(1998) SEMINAR(AI) -Econometrics/Statistical Valuation Methods(1999) SEMINAR(AI) -Globalization of Real Estate/What U.S.Appraisers Need to Know(1999) SEMINAR(AI) -The Role of the Appraiser in Alternative Dispute Resolution(Mediation/Arbitration)(1999) SEMINAR(AI) -Technology Forum Part II/Intermediate(1999) SEMINAR(AI) -Client Satisfaction/Retention/Development(1999) SEMINAR(AI) -Attacking and Defending an Appraisal(1999) SEMINAR(AI) -Federal Appraisal Requirements(2000) SEMINAR(AI) -Regression Analysis in Appraisal Practice:Concepts&Applications(2000) 3 of4 H)EDUCATIONAL BACKGROUND(Continued) SEMINAR(AI) -Analyzing Income Producing Properties(2000) COURSE (AI) -USPAP&Florida Real Estate Core Law(2000) SEMINAR(AI) -Mediation&Alternate Dispute Resolution Seminar(200 1) SEMINAR(AI) -State of the Appraisal Profession(2001) SEMINAR(AI) -Ad Valorem Assessment Process in Florida(2002) SEMINAR(AI) -Role of Real Estate Appraisers in Bankruptcy Proceedings(2002) SEMINAR(AI) -Appraisers&the Gramm-Leach-Bliley Federal Privacy Act(2002) SEMINAR(AI) -How to Appraise the Ugly House(2002) COURSE(AI) -2-Day Course#430,Standards of Professional Practice,Part C(2002) SEMINAR(AI) -Market Trends for 2003(2003) SEMINAR(AI) -Update on Code of Professional Ethics(2003) PANEL(AI) -Moderator"Industry,Consumer&Congressional Views on Predatory Lending"D.C.(2003) SEMINAR(AI) -Florida State Law for Real Estate Appraisers(2003) SEMINAR(AI) -Appraisal Agreements(2003) SEMINAR(AI) -Analyzing Distressed Real Estate(2004) SEMINAR(AI) -Valuation for Financial Reporting Purposes(2004) SEMINAR(AI) -National USPAP Course(2004) SEMINAR(AI) -Inverse Condemnation(2004) SEMINAR(AI) -Loss Prevention(2005) SEMINAR(AI) -Single Family Fraud Awareness(2005) SEMINAR(AI) -Guide to the new URAR form(2005) SEMINAR(AI) -Technologies for Real Estate Appraisers(2006) SEMINAR(AI) -The Appraiser's Role in New Urbanism(2006) SEMINAR(AI) -National USPAP Update(2006) SEMINAR(AI) -Florida State Law for Real Estate Appraisers(2006) SEMINAR(AI) -Scope of Work and the New USPAP Requirements(2006) SEMINAR(AI) -Energy Star and the Appraisal Process(2006) SEMINAR(AI) -Reappraising,Readdressing,and Reassigning Appraisals(2007) SEMINAR(AI) -Real Estate Fraud(2007) SEMINAR(AI) -Forecasting Revenue(2007) SEMINAR(AI) -Florida Law for Real Estate Appraisers(2007) COURSE(AI) -Business Practice and Ethics#420(2007) SEMINAR(AI) -Supervisor—Trainee Roles and Rules(2008) COURSE(AI) -7 Hour National USPAP Update#400(2008) SEMINAR(AI) -Hypothetical Conditions and Assumptions(2008) SEMINAR(AI) -Real Estate Economy(2008) SEMINAR(AI) -Public Sector Appraising(2009) SEMINAR(AI) -Inspecting the residential"green"house(2009) WEBINAR(AI) -Value for Financial Reporting(2009) SEMINAR(AI) -The Real Estate Market in 2009 SEMINAR(AI) -New Government Regulations(2009) SEMINAR(AI) -Property Tax Assessment(2010) SEMINAR(AI) -7 Hour National USPAP(2010) SEMINAR(AI) -Florida Law for Real Estate Appraisers(2010) SEMINAR(AI) -Supervisor/Trainee Roles and Rules(2010) SEMINAR(AI) -The Real Estate Market(2011) SEMINAR(AI) -Uniform Appraisal Standards for Federal Land Acquisitions-"Yellow Boob'(2011) COURSE(AI) -15 Hour Appraisal Curriculum Overview(2011) SEMINAR(AI) -Spotlight on USPAP—Agreement for Services(2011) SEMINAR(AI) -Trial Components(2011) SEMINAR(AI) -Lessons from the Old Economy Working in the New(2012) SEMINAR(AI) -Appraisal Review for General Appraisals(2012) COURSE(AI) -National USPAP Update(2012) SEMINAR(AI) -Florida Law(2012) SEMINAR(AI) -Land Valuation(2012) SEMINAR(AI) -Valuation of Warehouses(2012) SEMINAR(AI) -IRS Valuation(2012) SEMINAR(AI) -Business Practices and Ethics(2012) SEMINAR(AI) -Real Estate Forecast(2013) SEMINAR(AI) -Advanced Marketability Studies(2013) SEMINAR(AI) -Developing a Supportable Workfile(2013) 73 4 of H)EDUCATIONAL BACKGROUND(Continued) SEMINAR(Al) -Florida Appraisal Law(2014) SEMINAR(Al) -Liability Issues for Appraisers performing Litigation&Non-Lending Work(2014) COURSE(Al) -7 Hour National USPAP Update Course(2014) SEMINAR(Al) -Florida Law(2014) SEMINAR(Al) -New Real Estate Economy(2014) SEMINAR(Al) -Economic Engines of Miami-Date County(2015) SEMINAR(Al) -Economic Engines of Broward County(2015) SEMINAR(Al) -Tightening the Appraisal(2015) SEMINAR(Al) -Evaluating Commercial Construction(2015) SEMINAR(Al) -Drone Technology(2015) SEMINAR(Al) -Loss Prevention for Appraisers(2016) COURSE(Al) -7 Hour National USPAP Update(2016) SEMINAR(Al) -Florida Law(2016) SEMINAR(Al) -Redefining the Appraisal&Its Role in an Evolving Banking Environment(2016) SEMINAR(Al) -The Tough One,Mixed use properties(2016) SEMINAR(Al) -Business Practices&Ethics(2016) SEMINAR(Al) -Economic Engines Driving Broward County(2017) SEMINAR(Al) -Introduction to Green Buildings&passed exam(2017) SEMINAR(Al) -Another View of the Tough Ones(2017) SEMINAR(Al) -Appraising for the Office of Valuation Services,Department of the Interior(2017) SEMINAR(Al) -Case Studies in Appraising Green Residential Buildings&passed exam(2017) SEMINAR(Al) -Uniform Appraisal Standards for Federal Land Acquisitions&passed exam(2017) SEMINAR(Al) -Hot Topics&Myths in Appraiser Liability(2018) COURSE(Al) -7 Hour National USPAP Update(2018) SEMINAR(Al) -Florida Law(2018) SEMINAR(Al) -Parking&Its Impact on Florida Properties(2018) SEMINAR(Al) -What's New in Residential Construction(2018) SEMINAR(Al) -Valuation Resources for Solar Photovoltaic Systems(2018) SEMINAR(Al) -Technology Tips for Real Estate Appraisers(2018) SEMINAR(Al) -Residential&Comnnercial Valuation of Solar&passed exam(2018) SEMINAR(Al) -Airport Appraisals(2019) SEMINAR(Al) -Practical Applications in Appraising Green Commercial Properties&passed exam(2019) D PROFESSIONAL INVOLVEMENT Region X Representative of the Appraisal Institute 2006—2009 President of the South Florida Chapter of the Appraisal Institute-2003 First Vice-President of the South Florida Chapter of the Appraisal Institute-2002 Second Vice-President of the South Florida Chapter of the Appraisal Institute-2001 Secretary of the South Florida Chapter of the Appraisal Institute-2000 Treasurer of the South Florida Chapter of the Appraisal Institute-1999 Chair of the Education Committee of the S.Florida Chapter of the Appraisal Institute-1995,1996,1997,1998,2007-2018 Director of the South Florida Chapter of the Appraisal Institute 1996-1998 Member of Region X(Florida)Ethics and Counseling Panel—Al Graduate of the Florida REALTORS Institute(GRI) J) CIVIC INVOLVEMENT Member of the Navy League of the United States—Fort Lauderdale Council Lifetime Honorary Member-Florida Sheriff s Association Member of Zeta Tau Alpha Alumnae Fraternity 74 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: July 13, 2021 OLD BUSINESS AGENDAITEM: 16.G. SUBJECT: Cottage District Infill Housing Redevelopment Project Update of Discussion and Contract Negotiations with Azur Equities, LLC SUMMARY: At their April 13, 2021 meeting, the CRA had received a submittal from Azur Equities, LLC and withdrawal letters ceasing any further participation in the RFP/RFQ from the Boynton Beach Cottage District Development, LLC and Pulte Home Company. CRA staff provided the Board with a breakdown of the additional information provided by Azur Equities, LLC (Attachments I and II) and the review of each proposal in accordance with the original published RFP/RFQ Evaluation Criteria (Attachments III-IV). The CRA Board selected Azur Equities, LLC 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, LLC met on April 22, 2021 to discuss their proposed site plan, designs and financial information. CRA staff and Azur Equities, LLC met again on April 29, 2021, with members of the City's Development staff to discuss preliminary site plan and design issues. The Azur Equities development team has been actively engaged in design and site plan layout meetings with CRA staff and the City's Development staff. Progress has been made by Azur to create a revised Cottage District I nfill Housing Redevelopment Project site plan layout and unit designs that will meet City Land Development Regulations as well as the economic needs of the developer. CRA staff and legal counsel completed a draft Purchase & Development Agreement that was provided to Azur Equities, LLC on May 27, 2021 (see Attachment V). Since that time, the CRA Executive Director has been in discussion with Franck Gotsman of Azur Equities, LLC to attempt to overcome any obstacles or concerns held by his firm that would prevent acceptance on the terms of the draft Agreement. On June 23, 2021, the Executive Director reviewed two important concerns held by Mr. Gotsman, 1) the sales and development timeline; and 2) the restriction on renting the homes. During this meeting, Mr. Gotsman was encouraged to submit his suggested changes to the draft Purchase and Development Agreement for CRA staff and legal review. According to Mr. Gotsman, those suggested edits were to be provided to the CRA during the following week. As of the date of the agenda packet closing, these edits have not been provided. 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 Attachment II -Azur Equities, LLC Presentation D Attachment III - Proposal Evaluation sheets D Attachment IV -August 2020 Map & RFP-RFQ D Attachment V - DRAFT Purchase and Development Agreement 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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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 °n= 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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P wA t f r 7 �4• � � �It 3�I " �E .4:�o`-t� k �k tu..w'utrc "Om w l NOW-11M i x P_ s " 4 y [ ry �.�+ %,:PPTyE€l "s� Uri 40'-5(Y s 'Stye f+e, 4 a sr3r 1 ' wiw aJl7Eq�3- r,�«�rar �wzirxi�ns�°Fr a,ataswt Y»r�>x& I t Aw f i, t�i � � � •,ti, an Awa,�.�e „i�.e�r��tm rs tai. ri t AW �a',rv`sW waure t,La s.urw�r,e cwce. ,.,a � d,.as Faa 6yaF5�.n��� tw,rw,ux I�° kar3 t„, „s graphics below by Looney Ricks Kiss Architects, Inc. 01353549-2 Page 27 of 36 e. Crr «T rt50W r h 3 f u ko� mom A B 9 n, S ` F¢` !G r E 1 i' k 9 a a r ,iN� 5 �v am,eri�,�w,�'- �=+3•Has 4a�wFs��.p s w a+ 3 � i r� df� y 3 Ell 01353549-2 Page 28 of 36 ATTACHMENT 7" ENERGY EFFICIENCY GUIDELINES CHECKLIST The respondent will ensure that, to the greatest extent possible, all construction within the proposed Cottage District development meets the following minimum standards. Through the execution of this Exhibit, the proposer is certifying that the following elements checked below will be incorporated into their development plan. Energy-efficient Construction Techniques and Products ❑ Proper installation of insulation to ensure even temperatures throughout the house per FBC-Residential requirements ❑ Installation of high performance impact windows per Florida Building Code (FBC)- Residential requirements ❑ Installation of energy-efficient HVAC systems - Energy Star compliant ❑ Installation of new Energy Star compliant products including light fixtures, LED bulbs, ventilation and exhaust fans and appliances (refrigerators, dishwashers, and washer/dryer machines) Improved Indoor Environments ❑ Building envelope, duct systems and vents must be properly sealed to prevent cracks and holes ❑ Carpet, pads, and other surface materials and installation must comply with the Carpet and Rug Institute's Green Label Certification ❑ Utilization of only low Volatile Organic Carbon paints, finishes, and sealants ❑ Utilization of proper water vapor barrier and other applicable sealing methods to eliminate any possibility of mold ❑ Installation of programmable thermostats in all units Increased Water Efficiency ❑ Installation of low volume, non-spray irrigation system ❑ Incorporation of landscape practices recommended by the University of Florida's Florida Friendly Landscape Program (http://fyn.ifas.ufl.edu/) and compliance with the Landscape Regulations of the City of Boynton Beach. ❑ Installation of low flow toilets and sink faucets 01353549-2 Page 29 of 36 ATTACHMENT "G" DISCLOSURE AND AUTHORIZATION TO PERFORM CREDIT CHECK An authorization to Perform Credit Check will need to be completed by each Principal/Owner. For Principal f Owner: (Please use a separate form for each principal/owner) As Principal/Owner of Proposer, I (name) hereby affirm I have read the above disclosure, and consent to and authorize the Boynton Beach Community Redevelopment Agency's (`BBCRA") investigation into my credit worthiness. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of my credit worthiness on behalf of the BBCRA, including independent contractors and credit agencies retained by the BBCRA for such purpose. Any information provided to the BBCRA is a public record subject to the provisions of Ch. 119 F.S., and I may request a copy of any information provided to the BBCRA as part of the BBCRA's investigation into my creditworthiness. I grant such consent and authorization to the BBCRA for the period commencing as of the date of this authorization and terminating at the time a Proposal is selected by the BBCRA Board. I hereby waive any and all claims,past present or future,which I may have against the BBCRA by reason of any credit investigation made pursuant to my consent and authorization herein given to the BBCRA. Proposer Name: Principal/Owner Name: Date of Birth: Current Home Address: Previous Home Address: Email: Phone #: Signature: Date: Print Name: 01353549-2 Page 30 of 36 ATTACHMENT "H" AUTHORIZATION TO PERFORM CREDIT CHECK For Proposer (Business EntftyL. The proposer hereby consents to and authorizes the Boynton Beach Community Redevelopment Agency's ("BBCRA") investigation into the creditworthiness of the Proposer. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of the Proposer's credit worthiness on behalf of the BBCRA, including independent contractors and credit agencies retained by the BBCRA for such purpose. Any information provided to the BBCRA is a public record subject to the provisions of Ch. 119 F.S. Proposer grants such consent and authorization to the BBCRA for the period commencing as of the date of this authorization and terminating at the time a Proposal is selected by the BBCRA Board. This proposer hereby waives any and all claims, past present or future, which the proposer may have against the BBCRA by reason of any credit investigation made pursuant to Proposer's consent and authorization herein given to the BBCRA. An authorization to Perform Credit Check will need to be completed by each Principal/Owner and by the Business. Proposer (Business) Name (D/B/A if applicable): Current Business Address: Federal Tax ID# State of Incorporation: Phone #: Fax#: Authorized Signature: Date: Print Name: Title: 01353549-2 Page 31 of 36 ATTACHMENT "I" AUTHORIZATION FOR RELEASE OF INFORMATION To whom it may concern: The undersigned hereby authorizes you to release to the Boynton Beach Community Redevelopment Agency (BBCRA) or the City of Boynton Beach any information in your possession regarding the undersigned either of a professional credit or personal nature including the statement of your opinions with regard to the undersigned's professional credit and personal character, or of the proposer identified below. The undersigned also authorizes you to release to the Boynton Beach Community Redevelopment Agency (BBCRA) or the City of Boynton Beach any information in your possession regarding the business identified as "proposer"below. By: STATE OF FLORIDA COUNTY OF PALM BEACH THE FOREGOING INSTRUMENT was acknowledged before me this day of . 2020,by who is personally known to me or who has respectively produced as identification and did not take an oath. Notary Public: Print Name: Commission No: (Seal) My Commission Expires: Name: Home Address: Home Telephone Number: Business Telephone Number: Fax Number: Date of Birth: Professional License Number: Proposer (Business) Name: 01353549-2 Page 32 of 36 ATTACHMENT "J" PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not: submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity;submit a bid proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work; submit bids, proposals, or replies on leases of real property to a public entity; be awarded or perform work as a contractor, supplier,subcontractor or consultant under a contract with any public entity;or transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes,for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. As the person authorized to sign the Statement, I certify that proposer has not been placed on the convicted vendor list within the past 36 months and complies fully with the above requirements. Proposer Name Authorized Signature Print Name Title Date 01353549-2 Page 33 of 36 ATTACHMENT "K" CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM I certify that . the proposer responding to this RFP/RFQ, maintains a drug-free workplace program, and that the following conditions are met: (1) Proposer publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace; and specifying the actions that will be taken against employees for violations of such programs. (2) Proposer informs employees about the dangers of drug abuse in the workplace, the company's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Proposer gives each employee engaged in providing the commodities or contractual services included in this RFP a copy of the statement specified in Subsection (1). (4) In the statement specified in Subsection (1), proposer notifies the employee that, as a condition of working in the commodities or contractual services covered under this RFP/RFQ he/she will abide by the terms of the statement; and will notify the employer (Proposer) of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 893 or any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five days after such conviction. (5) Proposer imposes a sanction on,or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by,any employee who is convicted. (6) Proposer makes a good faith effort to continue to maintain a drug-free workplace through implementation of this Section 287.087, Florida Statutes. As the person authorized to sign the statement, I certify that proposer complies fully with the above requirements. Authorized Signature: Date Name &Title (typed) 01353549-2 Page 34 of 36 ATTACHMENT "L" ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to the The Boynton Beach Community Redevelopment Agency Request for Proposals and Developer Qualifications Cottage District Infill Housing Redevelopment Project By entering checking YES or NO in the space provided and indicating date received. No. 1 ❑ Yes ❑ No Date No. 2 ❑ Yes ❑ No Date No. 3 ❑ Yes ❑ No Date No. 4 ❑ Yes ❑ No Date No. S ❑ Yes ❑ No Date RFP/RFQ INFORMATION WAS OBTAINED FROM: ❑ BBCRA Website ❑ Newspaper Ad ❑ City Hall ❑ Other, please specify: Authorized Signature Print Name Title Date 01353549-2 Page 35 of 36 ATTACHMENT "M" CERTIFICATION OF NON-SCRUTINIZED COMPANY . as Proposer, hereby certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a boycott of Israel. If the BBCRA determines that this certification is falsified or contains false statements, or that proposer is placed Scrutinized Companies that Boycott Israel List or engages in a boycott of Israel after the submittal of the Proposal or the execution of any agreement arising out of this RFP/RFQ, the BBCRA may disqualify the Proposal and/or terminate the agreement. Proposer Name By: Authorized Representative of Proposer Date: STATE OF COUNTY OF SWORN TO and subscribed before me this day of 20 , by . Such person (Notary Public must check applicable box): [ ] is personally known to me [ ] produced their current driver license [ ] produced as identification. (NOTARY PUBLIC SEAL) Notary Public (Printed, Typed or Stamped Name of Notary Public) 01353549-2 Page 36 of 36 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 PURCHASE AND DEVELOPMENT AGREEMENT This Purchase and Development Agreement (hereinafter "Agreement") is made and entered into as of the Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter "SELLER") and, AZUR EQUITIES, LLC, or its affiliated assignee (hereinafter "PURCHASER", and together with the SELLER, the "Parties"). In consideration of TEN DOLLARS AND 00/100 DOLLARS ($10.00) and the mutual covenants and agreements herein set forth, the receipt and sufficiency of which is hereby acknowledged the Parties hereto agree as follows: 1. PURCHASE AND SALE/PROPERTY. SELLER agrees to sell and convey to PURCHASER and PURCHASER agrees to purchase and acquire from SELLER, on the terms and conditions hereinafter set forth, the real property legally described in Exhibit "A" attached hereto (hereinafter the "Property'). The Parties intend that the purchase and sale and ensuing redevelopment of the Property will be affected in order to reduce slum and blight and to enable the construction of owner-occupied, workforce, fee simple detached and attached single family homes and associated site improvements consistent with the Cottage District Infill Housing Redevelopment Project Request for Proposals and Developer Qualifications (RFP) issued by the CRA on August 17, 2020, and PURCHASER'S response thereto, attached as Exhibit "C," and according to all required development standards according to the City of Boynton Beach (the "Project"). 2. PURCHASE PRICE AND PAYMENT. The Purchase Price for the Property shall be TEN AND 00/100 DOLLARS ($10.00) to be paid in full at Closing. SELLER has complied with Section 163.380, Florida Statutes, in proceeding with the sale of the Property to PURCHASER. 3. DEPOSITS. An Initial Deposit in the amount of Fifty Thousand AND 00/100 DOLLARS ($50,000.00) shall be deposited with Lewis, Longman & Walker, P.A. (hereinafter "Escrow Agent") within two (2) business days following execution hereof by the Parties. The Initial Deposit shall be fully refundable to PURCHASER, if prior to the expiration of the Feasibility Period (as hereinafter defined), the PURCHASER advises SELLER in writing that it does not intend to complete the purchase of the Property. If at the expiration of the Feasibility Period PURCHASER intends to complete the purchase of the Property, said deposit shall be applied toward any closing costs applicable to PURCHASER. 4. EFFECTIVE DATE. The date of this Agreement (the "Effective Date") shall be the date when the last one of the Parties has signed this Agreement. 5. CLOSING. The PURCHASER'S obligation to close on the purchase of the Property is contingent on the following ("Closing Conditions"): PURCHASER's Initials: SELLER's Initials: 01496418-2 PURCHASE AND DEVELOPMENT AGREEMENT Page 2 of 21 a. PURCHASER obtaining Land Use, Zoning, Final Site Plan, and Final Plat approvals from the City of Boynton Beach, Florida (the "City") permitting the construction of the Project within the timeframe set forth in Paragraph 21 below. b. SELLER delivering marketable title to the Property subject only to the Permitted Exceptions. 6. CLOSING DATE. The Closing shall take place no later than thirty (30) days after at the last of the Closing Conditions has been satisfied, such location to which the parties may mutually agree in writing. 7. TITLE TO BE CONVEYED. At Closing,SELLER shall convey to PURCHASER, by Special Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined), valid,good, marketable and insurable title in fee simple to the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the following (collectively, the "Permitted Exceptions"): (a) general real estate taxes and special assessments for the year of Closing and subsequent years not yet due and payable; (b) covenants, conditions, easements, dedications, rights-of-way and matters of record included on the Title Commitment or shown on the Survey (defined in Section 8.3), to which PURCHASER fails to object, or which PURCHASER agrees to accept. 8. INVESTIGATION OF THE PROPERTY. For a period of thirty (30) days from the Effective Date ("Feasibility Period"), PURCHASER and PURCHASER'S agents, employees, designees, contractors, surveyors, engineers, architects, attorneys and other consultants (collectively, "Agents"), shall have the right, at PURCHASER'S expense, to make inquiries of, and meet with members of Governmental Authorities regarding the Property and to enter upon the Property, at any time and from time to time with reasonable notice to SELLER and so long as said investigations do not result in a business interruption, to perform any and all physical tests, inspections, and investigations of the Property, including but not limited to Phase I and Phase II environmental investigations, which PURCHASER may deem necessary. During the Feasibility Period, PURCHASER may elect, in PURCHASER'S sole and absolute discretion, to terminate this Agreement. If PURCHASER elects to terminate this Agreement in accordance with this Section, PURCHASER shall: (i) leave the Property in substantially the same condition as it existed on the Effective Date; (ii) shall repair and restore any damage caused to the Property by PURCHASER'S testing and investigation; and (iii) release to SELLER, at no cost, all reports and other work generated as a result of the PURCHASER'S testing and investigation. PURCHASER hereby agrees to indemnify and hold SELLER harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, reasonable attorney's fees, for nonpayment for services rendered to PURCHASER (including, without limitation, any construction liens resulting therefrom) or for damage to persons or property arising out of PURCHASER'S investigation of the Property. PURCHASER'S obligations under this Section shall survive the termination, expiration or Closing of this Agreement. PURCHASER's Initials: SELLER's Initials: 01496418-2 PURCHASE AND DEVELOPMENT AGREEMENT Page 3 of 21 8.1 Seller's Documents. SELLER shall deliver to PURCHASER the following documents and instruments within five (5) days of the Effective Date of this Agreement: any existing title policies, appraisals, copies of any reports or studies (including environmental, engineering, surveys, soil borings and other physical reports) in SELLER'S possession or control with respect to the physical condition of the Property, copies of all permits, authorizations and approvals issued by Governmental Authorities for the Property and any correspondence which discloses claims, allegations or adverse information regarding the Property or SELLER with respect to the Property. 8.2 Title Review. Within thirty (30) days of the Effective Date, SELLER's counsel, as closing agent for the transaction contemplated herein (the "Closing Agent") shall obtain, at the SELLER'S expense, from a Title Company chosen by SELLER (hereinafter "Title Company"), a Title Commitment covering the Property and proposing to insure PURCHASER in the amount of the Purchase Price subject only to the Permitted Exceptions, together with complete and legible copies of all instruments identified as conditions or exceptions in Schedule B of the Title Commitment. PURCHASER shall examine the Title Commitment and deliver written notice to SELLER no later than twenty (20) days after receipt of the Title Commitment notifying SELLER of any objections PURCHASER has to the condition of title (hereinafter "PURCHASER'S Title Objections"). If PURCHASER fails to deliver PURCHASER'S Title Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If PURCHASER timely delivers the PURCHASER'S Title Objections, then SELLER shall have thirty (30) days to cure and remove the PURCHASER'S Title Objections (hereinafter "Cure Period"). In the event that SELLER is unable or unwilling to cure and remove, or cause to be cured and removed, the PURCHASER'S Title Objections within the Cure Period to the satisfaction of PURCHASER, then PURCHASER, in PURCHASER'S sole and absolute discretion, shall have the option of (i) extending the Cure Period and the Closing for one additional thirty (30) day period at no cost to PURCHASER, or(ii) accepting the Title to the Property as of the time of Closing or (iii) canceling and terminating this Agreement, in which case, any Deposits shall be returned to PURCHASER and the Parties shall have no further obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. Prior to the Closing, PURCHASER shall have the right to cause the Title Company to issue an updated Title Commitment("Title Update") covering the Property. If any Title Update contains any conditions which did not appear in the Title Commitment, and such items render title unmarketable, PURCHASER shall have the right to object to such new or different conditions in writing prior to Closing. All rights and objections of the Parties with respect to objections arising from the Title Update shall be the same as objections to items appearing in the Title Commitment, subject to the provisions of this Section. 8.3 Survey Review. PURCHASER, at PURCHASER'S expense, may obtain a current boundary survey (the "Survey') of the Property, indicating the number of acres PURCHASER's Initials: SELLER's Initials: 01496418-2 PURCHASE AND DEVELOPMENT AGREEMENT Page 4 of 21 comprising the Property to the nearest 1/100th of an acre. If the Survey discloses encroachments on the Property or that improvements located thereon encroach on setback lines, easements, lands of others or violate any restrictions, covenants of this Agreement, or applicable governmental regulations, the same shall constitute a title defect and shall be governed by the provisions of Section 8.2 concerning title objections. 9. CONDITIONS TO CLOSING. PURCHASER shall not be obligated to close on the purchase of the Property unless each of the following conditions (collectively, the "Conditions to Closing") are either fulfilled or waived by PURCHASER in writing: 9.1 Representations and Warranties. All of the representations and warranties of SELLER contained in this Agreement shall be true and correct as of Closing. 9.2 Pending Proceedings. At Closing, there shall be no litigation or administrative agency or other governmental proceeding of any kind whatsoever involving the Property, pending or threatened,which has not been disclosed, prior to closing, and accepted by PURCHASER. 9.3 Compliance with Laws and Regulations. The Property shall be in compliance with all applicable federal, state and local laws, ordinances, rules, regulations, codes, requirements, licenses, permits and authorizations as of the date of Closing. 10. CLOSING DOCUMENTS. The SELLER shall prepare, or cause to be prepared, the Closing Documents set forth in this Section, except for documents prepared by the Title Company. At Closing, SELLER shall execute and deliver, or cause to be executed and delivered to PURCHASER the following documents and instruments: 10.1 Deed and Authorizing Resolutions. SELLER shall furnish a Special Warranty Deed (the "Deed") conveying to PURCHASER valid, good, marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances and other conditions of title other than the Permitted Exceptions, together with such resolutions or other applicable authorizing documents evidencing approval of the transaction by the SELLER's governing body as the Closing Agent and the title Company may require. The Deed shall contain a deed restriction preventing the rental of the residential units for a period of fifteen (15)years from the date of the Certificate of Occupancy and prohibiting use of the property for anything other than residential use. 10.2 Seller's Affidavits. SELLER shall furnish to PURCHASER an owner's affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against the Property under the applicable construction lien law, that the SELLER will not record or enter into documents affecting the Property after the last effective date on the Title Commitment, and that there are no parties in possession of the Property other than SELLER. SELLER shall also furnish to PURCHASER a non-foreign affidavit with respect to the Property. In the event SELLER is unable to PURCHASER's Initials: SELLER's Initials: 01496418-2 PURCHASE AND DEVELOPMENT AGREEMENT Page 5 of 21 deliver its affidavits referenced above, the same shall be deemed an uncured Title Objection. 10.3 Closing Statement. A closing statement setting forth the Purchase Price, all credits, adjustments and prorations between PURCHASER and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, which SELLER shall also execute and deliver at Closing. 10.4 Corrective Documents. Documentation required to clear title to the Property of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions. 10.5 Additional Documents. Such other documents as PURCHASER or the Title Company may reasonably request that SELLER execute and deliver, and any other documents required by this Agreement or reasonably necessary in order to close this transaction and effectuate the terms of this Agreement. 11. PRORATIONS, CLOSING COSTS AND CLOSING PROCEDURES. 11.1 Prorations. Taxes for the Property shall be prorated through the day before Closing. Cash at Closing shall be increased or decreased as may be required by prorations to be made through the day prior to Closing. Taxes shall be prorated based upon the current year's tax with due allowance made for maximum allowable discount. If Closing occurs at a date when the current year's millage is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If current year's assessment is not available, then taxes will be prorated on prior year's tax. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of tax bill which discloses an actual difference in the amount of the taxes estimated at Closing that exceeds $1,000.00. 11.2 Closing Costs. SELLER shall pay for documentary stamps on the deed, recording the deed and any cost associated with curing title. Purchaser shall pay all other closing expenses. Each party shall be responsible for their respective attorneys' fees. 11.3 Closing Procedure. PURCHASER shall fund the Purchase Price subject to the credits, offsets and prorations set forth herein. SELLER and PURCHASER (as applicable) shall execute and deliver to the Closing Agent the Closing Documents. The Closing Agent shall, at Closing: (i) disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a "marked-up" Title Commitment to PURCHASER, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. 11.4 Existing Mortgages and Other Liens. At Closing, SELLER shall obtain, or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments applicable to and encumbering the Property. PURCHASER's Initials: SELLER's Initials: 01496418-2 PURCHASE AND DEVELOPMENT AGREEMENT Page 6 of 21 12. REPRESENTATIONS, COVENANTS AND WARRANTIES. SELLER hereby represents, covenants and warrants to PURCHASER, as of the Effective Date and as of the Closing Date, as follows: 12.1 Authority. The execution and delivery of this Agreement by SELLER and the consummation by SELLER of the transaction contemplated by this Agreement are within SELLER'S capacity and all requisite action has been taken to make this Agreement valid and binding on SELLER in accordance with its terms.The person executing this Agreement on behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this Agreement represents a valid and binding obligation of SELLER. 12.2 Title. SELLER is and will be on the Closing Date, the owner of valid, good, marketable and insurable fee simple title to the Property, free and clear of all liens, encumbrances and restrictions of any kind,except the Permitted Exceptions(and encumbrances of record which will be discharged at Closing). 12.3 Litigation. There are no actions, suits, proceedings or investigations pending or threatened against Seller or the Property affecting any portion of the Property, including but not limited to condemnation actions. 12.4 Parties in Possession. There are no parties other than SELLER in possession or with a right to possession of any portion of the Property. 12.5 Acts Affecting Property. From and after the Effective Date, SELLER will refrain from (a) performing any grading, excavation, construction, or making any other change or improvement upon or about the Property; (b) creating or incurring, or suffering to exist, any mortgage, lien, pledge, or other encumbrances in any way affecting the Property other than the Permitted Exceptions (including the mortgages, liens, pledges, and other encumbrances existing on the Effective Date) and (c) committing any waste or nuisance upon the Property. 13. DEFAULT. 13.1 PURCHASER'S Default. In the event that this transaction fails to close due to a wrongful refusal to close or default on the part of PURCHASER, SELLER shall be entitled to retain the Deposit, and neither PURCHASER nor SELLER shall have any further obligation or liabilities under this Agreement, except for those expressly provided to survive the termination of this Agreement; provided, however,that PURCHASER shall also be responsible for the removal of any liens asserted against the Property by persons claiming by, through or under PURCHASER. 13.2 SELLER'S Default. In the event that SELLER fails to fully and timely perform any of its obligations and covenants hereunder or if SELLER is in breach of any representations herein, PURCHASER may, at its option declare SELLER in default under this Agreement in which PURCHASER's Initials: SELLER's Initials: 01496418-2 PURCHASE AND DEVELOPMENT AGREEMENT Page 7 of 21 event PURCHASER mayterminate this Agreement, receive back its Deposit and neither party shall have any further rights hereunder. 13.3 Notice of Default. Prior to declaring a default and exercising the remedies described herein, the non-defaulting Party shall issue a notice of default to the defaulting Party describing the event or condition of default in sufficient detail to enable a reasonable person to determine the action necessary to cure the default. The defaulting Party shall have fifteen (15) days from delivery of the notice during which to cure the default, provided, however, that as to a failure to close,the cure period shall only be three (3) business days from the delivery of notice. If the default has not been cured within the aforesaid period, the non-defaulting Party may exercise the remedies described above. 13.4 Survival. The provisions of this Section 13 shall survive the termination of this Agreement. 14. NOTICES. All notices required in this Agreement must be in writing and shall be considered delivered when received by certified mail, return receipt requested, or personal delivery to the following addresses: If to Seller: Boynton Beach Community Redevelopment Agency Attention: Michael Simon, Executive Director 100 E. Ocean Avenue, 4th Floor Boynton Beach, FL 33435 With a copy to: Kenneth Dodge, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 If to Purchaser: Franck Gotsman, Managing Partner Azur Equities, LLC 19707 Turnberry Way Adventura, FL 33180 With a copy to: 15. BINDING OBLIGATION/ASSIGNMENT. The terms and conditions of this Agreement are hereby made binding on, and shall inure to the benefit of, the successors and permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement without the prior written consent of PURCHASER,which shall not be unreasonably withheld. It is understood, PURCHASER's Initials: SELLER's Initials: 01496418-2 PURCHASE AND DEVELOPMENT AGREEMENT Page 8 of 21 however, that SELLER may assign its interest to the City of Boynton Beach without the prior written consent of PURCHASER. This Agreement may be freely assigned by PURCHASER to a wholly owned or controlled assignee of PURCHASER, and thereafter PURCHASER'S assignee shall be obligated to close the transaction contemplated herein as if such assignee were the original party to this Agreement. Any assignment by PURCHASER to an unrelated party shall be subject to the written approval of SELLER, which shall not be unreasonably withheld. 16. RISK OF LOSS. In the event the condition of the Property, or any part thereof, is materially altered by an act of God or other natural force beyond the control of SELLER, PURCHASER may elect, as its sole option, to terminate this Agreement and receive a refund of the Deposit and the parties shall have no further obligations under this agreement, or PURCHASER may accept the Property without any reduction in the value of the Property. In the event of the institution of any proceedings by any Governmental Authority which shall relate to the proposed taking of any portion of the Property by eminent domain prior to Closing, or in the event of the taking of any portion of the Property by eminent domain prior to Closing, SELLER shall promptly notify PURCHASER and PURCHASER shall thereafter have the right and option to terminate this Agreement by giving SELLER written notice of PURCHASER's election to terminate within fifteen (15) days after receipt by PURCHASER of the notice from SELLER. SELLER hereby agrees to furnish PURCHASER with written notice of a proposed condemnation within two (2) business days after SELLER's receipt of such notification. Should PURCHASER terminate this Agreement, the Deposit shall immediately be returned to PURCHASER and thereafter the Parties shall be released from their respective obligations and liabilities hereunder. Should PURCHASER elect not to terminate, the parties hereto shall proceed to Closing and SELLER shall assign all of its right, title and interest in all awards in connection with such taking to PURCHASER. 17. BROKER FEES. The Parties hereby confirm that neither of them has dealt with any broker in connection with the transaction contemplated by this Agreement. Each Party shall indemnify, defend and hold harmless the other Party from and against any and all claims, losses, damages, costs or expenses (including, without limitation, attorney's fees) of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by either Party or on its behalf with any broker or finder in connection with this Agreement. However, SELLER'S indemnification obligations shall not exceed the statutory limits provided within Section 768.28, Florida Statutes, and SELLER does not otherwise waive its sovereign immunity rights. The provisions of this Section shall survive Closing or termination of this Agreement. 18. ENVIRONMENTAL CONDITIONS. To the best of SELLER'S knowledge, the Property and the use and operation thereof are in compliance with all applicable county and governmental laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. PURCHASER's Initials: SELLER's Initials: 01496418-2 PURCHASE AND DEVELOPMENT AGREEMENT Page 9 of 21 19. SELLER DESIGN APPROVAL. SELLER shall have the right to review and approve applicable development applications and documents, including the Site Plan for the Project to ensure compliance with the terms of this Agreement and consistency with the conceptual plans submitted to the SELLER by PURCHASER as part of its submission in accordance with the Cottage District Infill Housing Redevelopment Project Request for Proposals and Developer Qualifications (RFP) issued by the CRA on August 17, 2020, attached as Exhibit "C,". 20. PROJECT REQUIREMENTS. a) Construction of single family fee simple, owner occupied dwelling units consisting of either detached, attached units or a combination of the two. b) 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 Project site. c) 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. d) On-street parking spaces where feasible. e) Minimum five-foot sidewalk width along the entire perimeter of the Project. f) 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. g) Creation of a neighborhood pocket park on the east portion of the site along NE 15t Street. The pocket park must be included in the Project's site plan and must include landscape, hardscape and accent lighting features. Once constructed, the pocket park will be open to the public and therefore will be deeded to the City of Boynton Beach. h) Plan for inclusion of workforce housing units, for households within 80-140% Palm Beach County Area Medium Income (AMI). i) Housing should be constructed with maximum efficiency and sustainability in mind. j) Creation of a Homeowner's Association with defined and limited authority over common areas. k) Provision of a Builder's Warranty for a period of one (1)year for each housing unit completed and sold. 1) Implementation of a plan or program to use local contractors, sub-contractors and laborers in the Project and reporting the results of the plan or program to the Seller at the conclusion of the Project. m) Implementation of a plan or program to market and solicit sales of the unit to existing income qualified Boynton Beach residents and reporting the results of the plan or program to the Seller PURCHASER's Initials: SELLER's Initials: 01496418-2 PURCHASE AND DEVELOPMENT AGREEMENT Page 10 of 21 at the conclusion of the Project. 21. REDEVELOPMENT PROJECT INCENTIVES AND FUNDING. The SELLER shall provide the PURCHASER with the following Boynton Beach Community Redevelopment Agency Redevelopment funding to be utilized as Gap funding in order to assist the PURCHASER with the costs of the overall Project, thereby making the Project more affordable to the end user and to induce the enhancement and/or expansion of the project: a. PURCHASER shall be reimbursed up to a maximum amount of$385,825.00 for eligible site and infrastructure related improvements necessary to complete the proposed Project. Said funds shall be reimbursed within thirty (30) days of receiving Final Inspection approval from the City for work completed under this phase of the Project provided Purchaser has timely submitted all required construction cost documentation consistent with the eligible items set forth below: 1. Letter requesting amount of eligible expenses to be reimbursed consistent with this Agreement. 2. Copies of applicable Permits and Final inspection approvals. 3. Contracts and itemized proof of payments evidencing materials and work performed on the site. b. SELLER's obligations to provide funding pursuant to this Agreement are contingent upon PURCHASER's compliance with all provisions of this Agreement. 22. DEVELOPMENT TIMELINE. PURCHASER is required to comply with the deadlines set forth below. PURCHASER shall provide Seller with written documentation evidencing completion of each action (collectively the "Project Elements") on or before each deadline. PURCHASER shall provide SELLER with such written evidence within ten (10) days of of completing each deadline. a. PURCHASER shall submit applications to the Cityfor platting,site plan, land use and zoning necessary for the Project within one hundred twenty (120) days of the Effective Date. b. PURCHASER shall obtain approval of all platting, site plan, land use and zoning application necessary for the Project from the City within one hundred eighty (180) days of submittal of the formal application to the City of Boynton Beach. C. PURCHASER shall obtain financing for the Project, including the construction loan and permanent financing commitment, in an amount sufficient to develop the Project within days of receiving final platting, final site plan, land use and zoning PURCHASER's Initials: SELLER's Initials: 01496418-2 PURCHASE AND DEVELOPMENT AGREEMENT Page 11 of 21 approvals from the City of Boynton Beach. SELLER retains the right to demand any and all verifiable documentation necessary to evidence proof of financing. d. PURCHASER shall submit construction documents and all necessary applications to the City to obtain necessary building permits for the Project within one hundred twenty (120) days of obtaining formal site plan approval from the City. Proof of permit application fees paid will be provided to the SELLER upon submission to the City. Upon City issuance of the building permit a copy will be provided to SELLER. e. PURCHASER shall commence construction of the Project's civil and site work, as defined by the City of Boynton Beach Code, to occur within days of obtaining an approved land development permit for the Project. f. PURCHASER shall obtain a Certificate of Occupancy for the final housing unit of the Project within three (3) years of the Effective Date. g. PURCHASER shall ensure that the Groundbreaking ceremony will occur prior to or simultaneously with the commencement of construction. h. PURCHASER shall ensure that a Ribbon Cutting ceremony will occur upon completion of construction of the Project and prior to the closing of the first housing unit sold. 23. DEFAULT 23.1 With Regard To Project Elements. If one or more of the required Project Elements is not achieved as required in this Section and/or if the timeline outlined herein is not strictly met, and PURCHASER has not provided SELLER with a written notice explaining the reason or circumstances not under the control of PURCHASER that have prevented PURCHASER from meeting the timeline, and SELLER has not agreed in writing to the same, then: (a) if such events are contemplated to occur following the Closing but fail to occur as required, then the PURCHASER shall be required to reconvey the Property to the SELLER, this Agreement shall be terminated, and SELLER shall be released from any and all obligations under this Agreement; and (b) if such events are contemplated to occur prior to Closing but fail to occur as required, then it shall be a default hereunder and treated as provided in Section 13, above. The parties understand and agree that,for any default prior to Closing, SELLER shall be entitled to the Deposit in full as final satisfaction of PURCHASER's obligations hereunder. 23.2 Default After Closing. Failure of the Parties to strictly comply with any of the provisions set forth in this Agreement after the Closing shall constitute a default and breach of this Agreement. If either Party fails to cure the default within (30) days of written notice from the other of its default, then this Agreement may be terminated pursuant to Section 21 above, subject to the provisions of this Agreement. PURCHASER's Initials: SELLER's Initials: 01496418-2 PURCHASE AND DEVELOPMENT AGREEMENT Page 12 of 21 23.3 Reverter Clause.The Special Warranty Deed shall contain a reverter clause that shall run with the Property until the Project is completed in full and the PURCHASER has obtained a Certificate of Occupancy for each housing unit constructed as part of the Project and as identified on the approved site plan. The reverter clause shall require the Property to be re- conveyed to SELLER by quit claim deed should PURCHASER default under the terms of this Agreement. In the event the SELLER exercises its right of reverter, SELLER shall reimburse PURCHASER the Purchase Price of the property as set forth in Section 2 of this Agreement in addition to verifiable costs incurred by the PURCHASER associated with the development improvements described in Exhibit "C". of this Agreement and further described as "Exhibit C"to the extent that the costs associated with those improvements have not been recaptured by the PURCHASER. To carry out the terms of this paragraph, PURCHASER shall execute a reverter agreement in the form set forth on Exhibit "B." 23.4 Right of First Refusal. PURCHASER hereby grants SELLER a Right of First Refusal for repurchase of the Property which shall be in full force and effect for the period of time from the date PURCHASER obtains site plan approval until the date its Certificate of Occupancy for the final housing unit as described in "Exhibit C". The terms and conditions of this right shall be set forth within the Special Warranty Deed as follows: a. Should the PURCHASER abandon the Property for any six(6) month period (unless said abandonment is beyond the control of Purchaser) and/or if the Property is not used as a fee simple owner-occupied single family residential unit (the approval of which shall not be unreasonably withheld) the SELLER shall provide 30 days written notice to PURCHASER of its right to repurchase the Property at fair market value (as determined by an independent third-party appraisal) after the deduction of the value of any funding or land contributed to the PURCHASER by the SELLER. Thereafter, PURCHASER will provide a general warranty deed to the Property in form and substance acceptable to the SELLER evidencing the reconveyance of the Property to SELLER; and/or b. Should PURCHASER receive an offer to purchase the Property pursuant to a written contract or letter of intent, PURCHASER shall give SELLER notice of the offer by delivering a copy of the contract or letter of intent to SELLER ("Notice") pursuant to the Notice requirements of Section 14 above within two (2) business days of receipt. Within ten (10) days of receipt of the Notice, SELLER shall either waive or exercise its right of first refusal. If SELLER elects to exercise its right of first refusal, SELLER shall, within ten (10) days after receipt of the Notice, deliver to PURCHASER an agreement to purchase the Property on the same terms as set forth in the Notice including the delivery of a deposit (if applicable) after deduction of the value of any funding or land contributed to the PURCHASER by the CRA, and upon receipt by the PURCHASER of the foregoing from the SELLER, PURCHASER and SELLER shall enter into a Purchase and Sale Agreement upon substantially the same terms and conditions as the Notice. If SELLER fails to exercise or waive its right of first refusal in accordance with the terms and conditions stated herein, within ten (10) days after receipt of the Notice, then SELLER's right of first refusal PURCHASER's Initials: SELLER's Initials: 01496418-2 PURCHASE AND DEVELOPMENT AGREEMENT Page 13 of 21 shall be deemed to have been waived. The terms and conditions of this Section shall survive closing. The foregoing rights of first refusal shall not be applicable to the transfers transpiring in the event that the property is transferred to the governing Homeowner's Association. 24. MISCELLANEOUS. 24.1 General. This Agreement, and any amendment hereto, may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by Parties. This Agreement sets forth the entire agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or,should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southern District Court of Florida. 24.2 Computation of Time. Any reference herein to time periods which are not measured in business days and which are less than six (6) days, shall exclude Saturdays, Sundays and legal holidays in the computation thereof. Any time period provided for in this Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the next full business day. Time is of the essence in the performance of all obligations under this Agreement. Time periods commencing with the Effective Date shall not include the Effective Date in the calculation thereof. 24.3 Waiver. Neither the failure of a party to insist upon strict performance of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance of any item by a party with knowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights or remedies that a party may have or a waiver of any subsequent breach or default in any of such terms, provisions,covenants,agreements or conditions. This paragraph shall survive termination of this Agreement and the Closing. 24.4 Construction of Agreement. The Parties to this Agreement, through counsel, have participated freely in the negotiation and preparation hereof. Neither this PURCHASER's Initials: SELLER's Initials: 01496418-2 PURCHASE AND DEVELOPMENT AGREEMENT Page 14 of 21 Agreement nor any amendment hereto shall be more strictly construed against any of the Parties. As used in this Agreement, or any amendment hereto, the masculine shall include the feminine, the singular shall include the plural, and the plural shall include the singular, as the context may require. Provisions of this Agreement that expressly provide that they survive the Closing shall not merge into the Deed. 24.5 Severability. If any provision of this Agreement or the application thereof shall,for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.The provisions of this Section shall apply to any amendment of this Agreement. 24.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by SELLER and PURCHASER shall control all printed provisions in conflict therewith. 24.7 Waiver of Jury Trial. As an inducement to PURCHASER agreeing to enter into this Agreement, PURCHASER and SELLER hereby waive trial byjury in any action or proceeding brought by either party against the other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 24.8 Attorneys Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including those at the appellate level, shall be awarded to the prevailing party. 24.9 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the PURCHASER and SELLER has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. 24.10 No Recording. This Agreement shall not be recorded in the Public Records of Palm Beach County, Florida without the prior approval of both parties. 24.11 Survival. The covenants, warranties, representations, indemnities and undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and recording of the Deed and PURCHASER'S possession of the Property. 24.12 PURCHASER Attorneys' Fees and Costs. PURCHASER acknowledges and agrees that PURCHASER shall be responsible for its own attorneys' fees and all costs, if any, incurred by PURCHASER in connection with the transaction contemplated by this Agreement. 24.13 Public Records. SELLER is a public agency subject to Chapter 119, Florida Statutes. The PURCHASER shall comply with Florida's Public Records Law. Specifically, the PURCHASER shall: PURCHASER's Initials: SELLER's Initials: 01496418-2 PURCHASE AND DEVELOPMENT AGREEMENT Page 15 of 21 a. Keep and maintain public records that ordinarily and necessarily would be required by the SELLER in connection with this Agreement; b. Provide the public with access to such public records on the same terms and conditions that the SELLER would provide the records and 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 and providing public records and transfer to the SELLER, at no cost, all public records in possession of the PURCHASER upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the SELLER in a format that is compatible with the information technology systems of the SELLER. SELLER shall, upon request, provide guidance to PURCHASER as to the public records keeping and reporting duties that are imposed upon PURCHASER as provided above and shall take all steps reasonably required to assist PURCHASER in not violating them. The failure of PURCHASER to comply with the provisions set forth in this Agreement shall constitute a Default and Breach of this Agreement. If PURCHASER fails to cure the default within seven (7) days' notice from the SELLER the SELLER may terminate the Agreement. 25. PERIMETER FENCING. SELLER shall erect perimeter fencing around the Property pursuant to a leasing contract with a third-party contractor and shall cover all costs associated with same for a one (1) year term. PURCHASER will be responsible for all costs associated with the fence, including all lease payments and removal costs following the initial one (1) year term. The remainder of this page was intentionally left blank. PURCHASER's Initials: SELLER's Initials: 01496418-2 PURCHASE AND DEVELOPMENT AGREEMENT Page 16 of 21 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. PURCHASER: SELLER: AZUR EQUITIES, LLC BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Printed Name: Printed Name: Steven B. Grant Title: Title: Chair Date: Date: WITNESS: WITNESS: Printed Name: Printed Name: Approved as to form and legal sufficiency: CRA Attorney The remainder of this page was intentionally left blank. PURCHASER's Initials: SELLER's Initials: 01496418-2 PURCHASE AND DEVELOPMENT AGREEMENT Page 17 of 21 EXHIBIT"A" LEGAL DESCRIPTION LAND DESCRIPTION: Lots 1 through 8, Block 1 of SUNNY-SIDE ESTATES, according to the Plat thereof, as recorded in Plat Book 26, Page 16 of the Public Records of Palm Beach County, Florida. (PIN: 08-43-45-21-28-001-0010; PIN: 08-43-45-21-28-001-0020; PIN: 08-43-45-21-28-001-0031; PIN: 08-43-45-21-28-001-0041; PIN: 08-43-45-21-28-001-0061; PIN: 08-43-45-21-28-001-0071) TOGETHER WITH: Lot 1, LESS the east 10 feet thereof, Block 3, SHEPARD ADDITION TO BOYNTON, according to the plot thereof as recorded in Plot Book 2, Page 59 of the Public Records of Palm Beach County, Florida. (PIN: 08-43-45-21-29-003-0011; PIN: 08-43-45-21-29-003-0012; PIN: 08-43-45-21-29-003-0013; PIN: 08-43-45-21-29-003-0014) TOGETHER WITH: Lot 2 and the northeast quarter (NE 1/4) of Lot 3, in Block 3, SHEPARD ADDITION TO BOYNTON, according to the plat thereof as recorded in Plot Book 2, Page 59 of the Public Records of Palm Beach County, Florida. (PIN: 08-43-45-21-29-003-0020; PIN: 08-43-45-21-29-003-0032) TOGETHER WITH: The north 140 feet of Lot 5 (less the west 20 feet thereof), the north 140 feet of the west one- half of Lot 3 and the north 140 feet of the east 25 feet and the north 140 feet of the west 75 feet of Lot 4, all in Block 3, SHEPARD ADDITION TO BOYNTON, according to the plat thereof as recorded in Plat Book 2, Page 59 of the Public Records of Palm Beach County, Florida. (PIN: 08-43-45-21-29-003-0033) TOGETHER WITH: The south 160 feet of the west one-half(1/2) of Lot 3, and the south 160 feet of the east 25 feet of Lot 4, Block 3, SHEPARD ADDITION TO BOYNTON BEACH, FLORIDA, according to the plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 2, Page 59. (PIN: 08-43-45-21-29-003-0034) TOGETHER WITH: The west 75 feet of Lot 4, LESS the north 140 feet thereof, Block 3, SHEPARD ADDITION TO BOYNTON, according to the plat thereof as recorded in Plat Book 2, Page 59 of the Public Records of Palm Beach County, Florida. PIN: 08-43-45-21-29-003-0041 PURCHASER's Initials: SELLER's Initials: 01496418-2 PURCHASE AND DEVELOPMENT AGREEMENT Page 18 of 21 TOGETHER WITH: The south 25 feet of Lot 7 and the north 25 feet of Lot 8, LESS the west 35 feet thereof, all in Block 3, SHEPARD ADDITION TO BOYNTON, according to the plat thereof as recorded in Plot Book 2, Page 59 of the Public Records of Palm Beach County, Florida. (PIN: 08-43-45-21-29-003-0071) The south 75 feet of Lot 8, Block 3, LESS W 35 feet and exterior curve area road right-of-way, of SHEPARD ADDITION TO BOYNTON, according to the plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plot Book 2, Page 59, of said Public Records. (PIN: 08-43-45-21-29-003-0081) Lot 5, Block 3, of SHEPARD ADDITION TO BOYNTON, according to the plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plot Book 2, Page 59, LESS the north 140 feet of the east 80 feet of said Lot and LESS the north 175 feet of the west 20 feet of said Lot, and LESS the south 100 feet of the east 50 feet of said Lot, as described in deed recorded in Official Records Book 866, Page 686; Deed 1118, Page 221; and Deed Book 855, Page 350 of the Public Records of Palm Beach County, Florida. (PIN: 08-43-45-21-29-003-0051) TOGETHER WITH: A portion of that abandoned 15 foot wide alley running east/west from Seacrest Boulevard to NE 1st Street, abandoned by Ordinance No. 18-028 and recorded in Official Records Book 30320, Page 662 of the Public Records of Palm Beach County, Florida, said alley lying contiguous to the north line of Block 3, SHEPARD ADDITION TO BOYNTON, according to the plat thereof, as recorded in Plat Book 2, Page 59, of the Public Records of Palm Beach County, Florida and contiguous to the south line of Block 1, SUNNY-SIDE ESTATES, according to the plat thereof, as recorded in Plat Book 26, Page 16, of the Public Records of Palm Beach County, Florida, bounded as follows: Bounded on the east by the northerly extension of the west line of the east 10 feet of Lot 1, Block 3 of SHEPARD ADDITION TO BOYNTON; bounded on the south by the south line of said 15 foot Alley, also being the north line of Block 3 of said SHEPARD ADDITION TO BOYNTON; bounded on the west the northerly extension of the east line of the west 20 feet of Lot 5, Block 3 of said SHEPARD ADDITION TO BOYNTON; and bounded on the north by the north line of said 15 foot Alley, also being the south line of said Block 1, SUNNY-SIDE ESTATES. Said lands situate in the City of Boynton Beach, Palm Beach County, Florida and containing 189,290 square feet (4.346 acres) more or less. PURCHASER's Initials: SELLER's Initials: 01496418-2 PURCHASE AND DEVELOPMENT AGREEMENT Page 19 of 21 EXHIBIT"B" REVERTER AGREEMENT This REVERTER AGREEMENT is dated as of this day of 12021, by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (the "SELLER") and AZUR EQUITIES, LLC (the "PURCHASER"). RECITALS A. The SELLER has conveyed to the PURCHASER that certain real estate described on Exhibit "A" attached hereto (the "Property") pursuant to a Deed of even date herewith between the SELLER and PURCHASER. B. The PURCHASER has agreed to construct certain Improvements on the Property, and other requirements in accordance with the guidelines and criteria set forth on in the Purchase and Development Agreement. C. The Deed shall provide that if the PURCHASER does not construct the Improvements as set forth in this Agreement, then the Property shall revert to the SELLER. NOW THEREFORE, in consideration of the transfer of the Property to the PURCHASER and other consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. PURCHASER agrees at its sole cost and expense to complete the construction of the Improvements in accordance with the terms of the Purchase and Development Agreement attached hereto by no later than the time period set forth in Paragraph 22 of the Purchase and Development Agreement of even date herewith (the "Completion Date"). 2. In the event the Improvements are not completed by the Completion Date (unless extended pursuant to the terms of the Purchase and Development Agreement), the Property shall revert to and thereafter become fee simple real estate owned by the SELLER. Within 30 days of the written request of the SELLER, the PURCHASER will provide a general warranty deed to the Property in form and substance acceptable to the SELLER evidencing the reconveyance of the Property. 3. During the construction of the Improvements, PURCHASER will not place any additional liens or encumbrances on the Property except as consented to by the SELLER. In that regard, the SELLER agrees not to unreasonably withhold its consent to any construction loan PURCHASER's Initials: SELLER's Initials: 01496418-2 PURCHASE AND DEVELOPMENT AGREEMENT Page 20 of 21 financed with a commercial bank or similar lender intended to fund the construction and development of the Improvements. In such an event, the SELLER will enter into a Subordination Agreement in form and satisfactory to such lender. Upon completion of the Improvements satisfactory to the SELLER, the SELLER agrees to issue a letter acknowledging the release of the reverter rights described herein. This Agreement shall be binding upon the parties hereto and shall be binding upon and inure to the benefit of their successors and assigns. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. This Agreement may only be modified or amended by a written agreement signed by authorized representatives of the parties hereto. WITNESS the following signatures as of the year and date first above written. PURCHASER: SELLER: AZUR EQUITIES, LLC BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Printed Name: Printed Name: Steven B. Grant Title: Title: Chair Date: Date: PURCHASER's Initials: SELLER's Initials: 01496418-2 PURCHASE AND DEVELOPMENT AGREEMENT Page 21 of 21 EXHIBIT C CONCEPTUAL DESIGN PLANS (Note:Site plan to be inserted as pdf for clarity) PURCHASER's Initials: SELLER's Initials: 01496418-2 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: July 13, 2021 OLD BUSINESS AGENDAITEM: 16.1-1. SUBJECT: Discussion and Consideration of a Letter of Intent from the Barber Family Companies LLC for CRA-Owned Property Located at 211 E. Ocean Avenue SUMMARY: On June 8, 2021 the CRA Board reviewed and discussed the Letter of Intent (LOI - dated May 27, 2021) from The Barber Family Companies LLC, to engage in discussions for the acquisition and redevelopment of the CRA owned property located at 211 E. Ocean Avenue (see Attachments I & II). The CRA Board tabled the item and directed CRA and City staff to meet to discuss the proposed use of the property as a restaurant (see Attachment III). On June 22, 20121 CRA and City staff reviewed the requests outlined in the LOI as follows: existing building on site to be used for interior seating, no cooking or food preparation conducted inside the existing residential structure; a new patio deck on the east side of the property to accommodate 200 guests and the use of six (6) repurposed shipping containers to act as the required restrooms and kitchen. CRA and City staff determined that based on the limited information contained in the LOI the following could be explored: • Parking could be accommodated based on the redevelopment parking standards • Preservation of the front building facade would be required • Guest seating would most likely need to be lower than 200 • The number of shipping containers may need to be reduced • Shipping containers would require screening from street view • Methods of securing the shipping containers need to be considered • ADA requirements would have to be met As submitted, the LOI lacks certain financial information, project design and construction details which will be required from The Barber Family Companies, LLC for further discussion with the Planning & Development Department of the City of Boynton Beach. FISCAL IMPACT: To be determined. CRA PLAN/PROJECT/PROGRAM: 2016 CRA Community Redevelopment Plan CRA BOARD OPTIONS: When a LOI is received, the CRA Board has several options as described below: 1. The Board may entertain the LOI and issue a 30 day Public Notice to Dispose of the property during which time any other member of the development public may also submit a LOI for their consideration. Under this option, if the Board does not receive a more favorable LOI, it could decide to enter into discussions and negotiations with The Barber Family Companies LLC for purposes of developing the property as described in the LOI. 2. The Board may decide not to entertain the LOI and instead decide to issue a formal Request for Proposal (RFP) to describe more specifically desired development outcomes and solicit proposals from a wider range of potential developers. If that was the direction of the Board, the Barber Family Companies LLC would be able to submit a response to the RFP. 3. The Board may elect to reject the LOI and do nothing further regarding disposal of the property. ATTACHMENTS: Description D Attachment I -Aerial Map of 211 E. Ocean Avenue D Attachment II - Letter of Interest, The Barber Family Co, LLC D Attachment III - Minutes } t 17'"ot,, Jit 1+ spy' P "Ag� C�� t } 4 er t iii a t�� � til , +, ,_J t}f�,' I��JJ 11)r, t,{y �i k` iS s;� ill" ��, i� r }}s{} �I n G� ih �` ��, Z ) 4 � l sJ�l i..(i17�'' ��� i1�\ ������ ,+I 1,4�#: ii:= -.tt i���t, i, SS }�I ,.; '�1` F l- 't -e' ON �,.,; 1}1 Init,J\ � l=)j� ,1�t, 4s��•�;, � „;i�,lust,_ iSi,t1,�}�,� i;t�t� tt 4d e ve�� 1lW �l����"fiUt a t t i �l�}1�. � ;i 's ,�,�t ', �{91�`•;1{i,rti�������it�i 't�j i Ai a 7 t,tt is p }1»)ht,��is{S 1lS� �;���� �,i t i�ki�VAtvS��.' ( �AvA',.r� i�tcmhit i Gia! x r„��J4� 1ifi� ��. t�� ��, �. •, i i 2 v _ r s. i 71J °y ck`ori 1:576 08434528030040130 ° 00035 I0.007 . . 0.014 mi :E fRa'r-AE4e"F'� 0 0.005 0.01 0.02 km 1 created b :PBC Pro ert A raiser August 6 2015 Family TROTS The Barber LLC 1920 S Federal Hwy Boynton Beach FL 33435 561-777-4934 www.BBQTroys.com May 27, 2021 Michael Simon Executive Director Boynton Beach Community Redevelopment Agency 100 E Ocean Ave 4th Floor, Boynton Beach, FL 33435 Re: Notice of Intent to engage in discussions for historic property 211 E Ocean Ave Dear Mr. Simon The purpose of this letter is to notify the intent of The Barber Family Co LLC as well as The Davis Family Co LLC in acquiring the property at 211 E Ocean Ave Boynton Beach FL 33435. Our companies would like to work with the city as well as the CRA to develop this property into what can be a staple of the downtown district. We intend to develop the property and make the interior of the historic site seating only. No cooking or food prep will be done inside of the historic home to preserve its historic nature and charm. In addition we look to with the permission of the CRA and the historic preservation board develop an east facing patio deck area with seating and an outdoor bar area. To accommodate the need for restrooms as well as the kitchen we propose modifying four to six shipping containers and repurposing them to be restrooms as well as a fully functional kitchen with the capacity to service up to 200 guests at one time. With either a grant from the CRA or in lieu of the grant a land deed agreement with restrictions to only resale to the CRA we feel we can complete this project within 12-18 months from the first date structural repairs would begin. We look forward to scheduling a meeting with you to discuss the next steps. Sincerely, Anthony Barber Troy's BBQ The Barber Family Co LLC The Davis Family Co LLC Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 8, 2021 Board Member Romelus moved to approve. Vice Chair Hay seconded the motion. The motion passed unanimously. Board Member Romelus asked if staff considered a counter offer for the property. Mr. Simon explained they did, but the Board voted to stay at the $275K. Regarding the 115 N 4t" Avenue, a counter offer was made and the Board wanted the cap to be $275K. Buying the property would add two additional units. The park is inside the project, but there are two or three homes to the west of Ms. McIntosh and an entrance road to the east of the homes. The price offering is above appraised value, but within a reasonable and previously approved amount. They are fair prices. This property is 2,500 square foot bigger and the house is about 300 square feet larger.. B. Discussion and Consideration of a Letter of Intent from the Barber Family Companies LLC for CRA-Owned Property Located at 211 E. Ocean Avenue Chair Grant did not want to accept the Letter of Intent because of all the requests for outdoor kitchens next to residences. He would rather have a barbeque-themed event in the CRA District to help promote the restaurants. Mr. Simon explained they would bring plans to the Board during the budget in July. Board Member Katz thought they should direct staff to reach out and advised he supports looking into this because the applicant has a good track record, but they have to think of what to do with the building. He wanted to explore it noting the building would not be demolished and it is too expensive to move. The applicant has been inside the building and has plans for restaurant renovation. He had copied Planning and Development on the LOI and met with them previously to convert the house in a similar matter to what Shovel Ready had proposed in the past. When he got the LOI with the included shipping container idea, Mr. Breese contacted him and asked if he was aware of the idea and Mr. Simon was not. Staff can begin to have a discussion with city staff if they do not want to tie it to the property at 211 E. Ocean Ave. It was noted Mr. Barber is no longer on the CRA Advisory Board. Board Member Romelus noted the LOI indicated he would not cook or food prep and learned it would not be done in the house. A lot of what would typically have to be been redone on the interior would not be done, avoiding a lot of Code and LDR upgrades to the building. There was a lot of information he would like to get. Chair Grant wanted to direct staff to explore the proposal more and get more information needed from the City to see if new LDRs were needed. Motion 14 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 8, 2021 Board Member Penserga moved to table the item for staff to bring back more information. Board Member Romelus seconded the motion. The motion passed unanimously. C. Consideration of Award and Contract for Responses to the Invitation to Bid to Perform Landscape Maintenance Services on Properties Owned by the CRA Ms. Utterback explained the current contract is up at the end of June. They went out to bid and received three responses. She reviewed the lowest bid was Vincent and Sons who is the current contractor. Motion Vice Chair Hay moved to approve. Board Member Katz seconded the motion. The motion passed unanimously. 17. Future Agenda Items A. Discussion and Consideration of a Purchase and Development Agreement between the CRA and 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 for the Management of the Boynton Harbor Marina C. Approval of the FY 2021 - 2023 Boynton Harbor Marina Dockage Lease Agreement D. MLK Jr. Boulevard Corridor Commercial Redevelopment and Affordable Multi-Family Rental Apartment Project Update E. Ocean Breeze East Affordable Multi-Family Rental Apartment Project Update 18. Adjournment Mr. Karjalainen read a closing statement explaining how the public could access the video. There being no further business to discuss, Chair Grant adjourned the meeting at 7:30 p.m. � Po tu Catherine Cherry Minutes Specialist 15 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: July 13, 2021 OLD BUSINESS AGENDAITEM: 16.1. SUBJECT: Consideration of the Economic Development Grant Program Guidelines and Applications for FY 2021-2022 SUMMARY: In order to provide a financial incentive for our existing and new businesses, the CRA's reimbursable Economic Development Grants provide 50% of the project costs in matching funding for rent assistance 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. In preparation for next fiscal year's Economic Development Grant programs, CRA Staff has reviewed the current Commercial Rent Reimbursement Grant Program guidelines and is requesting clarification on the eligibility of off-site dry cleaners and/or Laundromats. Currently, this business use is not classified and either eligible or ineligible for funding assistance. Does the CRA Board want to consider this use as a Tier II business for eligibility under the rent assistance program? Tier II businesses are eligible for reimbursement for up to half (50%) of the business's base monthly rent of$1,250 per month, whichever is less. Staff is seeking Board approval or denial on this issue. No other changes or clarifications are being recommend by CRA staff for the FY2021-2022 Commercial Rent Reimbursement Grant Program (see Attachment 1). CRA Staff is requesting approval of the FY 2021-2022 Commercial Property Improvement Grant Program Application as presented in Attachment 11. FISCAL IMPACT: FY 2021-2022 Budget, Project Fund 02-58400-444, Amount to be determined based on budget meetings and discussion CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan, Goals and Principles and Implementation Guide CRA BOARD OPTIONS: 1. Approve the Commercial Rent Reimbursement Grant Program Application and the Commercial Property Improvement Grant Program Application as presented and pending any final review from CRA legal staff. 2. Other options or directions as provided by the Board. ATTACHMENTS: Description D Attachment I - FY 21-22 Commercial Rent Reimbursement Grant Program Application D Attachment II - FY 21-22 Commercial Property Improvement Grant Program Application }At {J B ' JT1 B EACH COMMUMTY REDEVELOPMENT October 1 , 2021 — September 30, 2022 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 Page 1 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th 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 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 • 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 12 monthly payments). Initials Page 4 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com Tier One Businesses must be one of the following types of businesses: • Restaurant • Bakery • Gourmet Food Market 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 12 monthly payments). Examples of Tier Two Businesses include, but are not limited to, the following types of businesses: • Home D6cor/Design — home • Clothing Boutique — clothing, furnishings, art galleries, kitchen shoes & accessories wares • Law Offices • Accounting Offices • Hair/Nail Salons (no more than 2 • Real Estate Offices approvals per fiscal year) • Marketing Offices • Medical Offices • Fitness Centers • Insurance Offices • Specialty Businesses — stationary, • Florists (no more than 2 approvals gifts, sporting goods per fiscal year) • 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 at the time of Board approval. 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; Initials Page 5 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com • Insurance requirements; • Ability to terminate; and • Consequences of default on the lease. For purposes of this paragraph, the term "subject property" means the leased premises of the grant recipient, for which the applicant or grant recipient is seeking rental reimbursement, or any part thereof. Grant recipients are prohibited from subletting the subject property. If a grant recipient sublets the property, the grant recipient will be required to repay the BBCRA for all grant money received up to that point and will not be eligible to receive any further grant funding. For purposes of this grant, the BBCRA considers the following to be subletting: A) executing a sublease, assignment, or similar agreement with an entity that is not the grant recipient; B) allowing the subject property to be occupied by any business entity in which the grant recipient is not listed as the registered agent, owner, officer or director of said business, or assisting such a business in so doing; C) allowing or assisting a business entity other than the grant recipient to list its place of business as the subject property; or D) allowing or assisting a business entity other than the grant recipient to obtain a business tax license from the City of Boynton Beach for the subject property. The fact that a business entity other than the grant recipient occupies the subject property, lists its place of business as the subject property, obtains a business tax license for the subject property, or similarly appears to use the subject property is sufficient evidence that the grant recipient has allowed or assisted such other business entity to do so and is grounds for termination of any further grant payments and seeking reimbursement for previously paid grant payments. However, it shall not be considered a prohibited subleasing when the business purpose of the applicant is to provide a space for aspiring businesses, such as when the applicant is a business incubator, commissary kitchen, or business that provides co-op workspace. The BBCRA will determine whether a certain applicant fits into the exception described in this paragraph on a case-by-case basis. 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 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. ocumentation:1. A non-refundable fee of$100, which will be used to obtain a consumer credit report on the business and principal/owners of business. Make check payable to: Boynton Beach CRA. 2. Provide a 2-3 sentence mission statement for the applying business entity. This will be used as a way to introduce your business to the BBCRA Board. 3. Resume for each principal/owner of the business. 4. Copy of the corporate documents for the applying business entity. 5. Copy of City and County Business Licenses (Business Tax Receipt). 6. Copy of executed multi-year commercial lease agreement. 7. Two years of corporate tax returns (for existing businesses only). 8. Two years of personal tax returns for the principal/owners of a new business. 9. 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. 1O.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. 11.Completed and signed application (attached). 12.Authorization to perform credit check for the business and each principal/owner of the business (attached). 13.W9 Form and Vendor Application (attached). Approval of Funding Request Initials Page 7 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com All required application documentation must be submitted no later than noon two weeks prior to the second Tuesday of the month. BBCRA staff will review the application to evaluate whether the applicant is eligible for reimbursement. If it meets these requirements, BBCRA staff will present the funding request to the BBCRA Board for review and potential approval. In order to request the 6-month extension, the applicant must submit a presentation at the completion of the 12 months of rent reimbursement, outlining how their first year went and requesting the additional 6 months of rent reimbursement. The presentation must be submitted no later than noon two weeks prior to the second Tuesday of the month The BBCRA Board meets on the second Tuesday of each month. The schedule for BBCRA Board meetings can be obtained at www.boyntonbeachcra.com. Applicants will be notified of the date and time that their applications will be considered by the BBCRA Board. The BBCRA recommends that applicants attend the BBCRA Board meeting during which the Board will consider their applications in order to answer any questions the BBCRA Board may have regarding their applications. BBCRA staff will notify the applicant of the BBCRA Board's approval or denial in writing. Site Visits BBCRA may conduct a site visit prior to transmitting the application to the BBCRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during and after the project in order to determine and ensure compliance with the terms of the grant. Procedures for Reimbursement Monthly rent reimbursement payments will be provided to the grant recipient beginning the first month the business is open for operation subsequent to BBCRA Board approval. A maximum of 12 consecutive monthly rent payments are eligible to be reimbursed to the 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 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 followinq the end of the next month in which applicant is requesting reimbursement, applicant forfeits that month's reimbursement. Discontinuation of Payment The receipt of past payments does not guarantee future payments. The BBCRA retains the right to discontinue rent reimbursement payments at any time at its sole and absolute discretion. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the property. Nor shall issuance of a grant result in any obligation on the part of the BBCRA to any third party. The BBCRA is not required to verify that entities that have contracted with the applicant or applicant's landlord have been paid in full, or that such entities have paid any subcontractors in full. Applicant's submittal of verification that monthly rental payments have been cleared by the bank warranty is sufficient assurance for the BBCRA to award grant funding. Initials Page 9 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNKY REDEVEI„OPMENTAGENCY APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (d/b/a if applicable): Current Business Address: Fed I D#: Business Phone Number: Fax: Website: Existing Business: Yes No Number of years in existence: Time at Current Location: New Business to Boynton Beach: Yes No Do you have an executed lease agreement: Yes No If so, monthly base rent: New Business Address: Square footage of current location: Square footage of new location: Type of Business: Number of Employees: Hours of Operation: Page 10 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNKY REDEVEI„OPMENTAGENCY APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 2. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 3. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 4. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: Page 11 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,����t�4� E H ���,,�<<� «<4 ,, RA COMMUNKY REDEVEI„OPMENTAGENCY APPLICANT INFORMATION Are you applying for grant assistance under any other program offered by the BBCRA? Yes No If yes, what additional programs are you applying for: Are you receiving grant assistance under any other governmental agencies: Yes _ No If yes, list any additional grant sources and amounts: LANDLORD INFORMATION: Landlord Name: Landlord's Mailing Address: Landlord's Phone Number: CERTIFICATION AND WAIVER OF PRIVACY: For purposes of this certification and waiver of privacy, the term "I” refers to the applicant and to all signatories below individually. By signing below, each signatory represents and confirms that he or she is authorized to sign on behalf of the applicant(s). 1, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Rent Reimbursement Grant Program, and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Page 12 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNKY REDEVEI„OPMENTAGENCY APPLICANT INFORMATION Community Redevelopment Agency Commercial Rent Reimbursement Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue grant payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer furthering the Boynton Beach Community Redevelopment Plan. To the maximum extent possible, I hereby waive my rights to privacy and confidentiality for all matters contained in my application, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I specifically authorize the Boynton Beach Community Redevelopment Agency to run a credit report as part of this application, and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. I give permission to the Boynton Beach Community Redevelopment Agency or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. Page 13 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNKY REDEVEI„OPMENTAGENCY APPLICANT INFORMATION APPLICANT SIGNATURES: 1. Principal/Owner's Signature Date Printed Name Title 2. Principal/Owner's Signature Date Printed Name Title 3. Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of , 20 NOTARY PUBLIC My Commission Expires: Page 14 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNKY REDEVEI„OPMENTAGENCY LANLORD INFORMATION LANDLORD SIGNATURES: 1. Landlord's Signature Date Printed Name Title 2. Landlord's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of 20 NOTARY PUBLIC My Commission Expires: Page 15 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,����t�4� E H ���,,�<<� «<4 ,, RA COMMUNITYRE'DEVEI„ P ENT AUTHORIZATION TO PERFORM A CREDIT CHECK FOR PRINCIPAL/OWNER The applicant hereby consents to and authorizes the Boynton Beach Community Redevelopment Agency's ("BBCRA") investigation into the credit worthiness of the applicant. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of the applicant's credit worthiness on behalf of the BBCRA, including independent contractors and credit agencies retained by the BBCRA for such purpose. Any information provided to the BBCRA is a public record subject to the provisions of Ch. 119 F.S. Applicant grants such consent and authorization to the BBCRA for the period commencing as of the date of this authorization and terminating on the date the grant has been fulfilled. This applicant hereby waives and all claims, past, present or future, which the applicant may have against the BBCRA by reason of any credit investigation made pursuant to applicant's consent and authorization herein give to the BBCRA. An authorization to Perform Credit Check needs to be complete by each Principal/Owner and by the Business. Please us a separate form for each principal/owner: Principal/Owner Name: Date of Birth: Current Home Address: Previous Home Address: Email: Phone Number: Signature: Date: 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,����t�4� E H ���,,�<<� «<4 ,, RA COMMUNITYRE'DEVEI„ P ENT AUTHORIZATION TO PERFORM A CREDIT CHECK FOR BUSINESS The applicant hereby consents to and authorizes the Boynton Beach Community Redevelopment Agency's ("BBCRA") investigation into the credit worthiness of the applicant. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of the applicant's credit worthiness on behalf of the BBCRA, including independent contractors and credit agencies retained by the BBCRA for such purpose. Any information provided to the BBCRA is a public record subject to the provisions of Ch. 119 F.S. Applicant grants such consent and authorization to the BBCRA for the period commencing as of the date of this authorization and terminating on the date the grant has been fulfilled. This applicant hereby waives and all claims, past, present or future, which the applicant may have against the BBCRA by reason of any credit investigation made pursuant to applicant's consent and authorization herein give to the BBCRA. An authorization to Perform Credit Check needs to be complete by each Principal/Owner and by the Business. Business (d/b/a if applicable): Federal Tax I D #: Current Business Address: State of Corporation: Email: Phone Number: Fax Number: Signature: Date: Title: 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com MAP OF CRA AREA NE th Ave Gate„iaY Blv Cn L t r LU LL Z 4i mr Stanley Wea er Canal 20" a v > `� Martin Luther Kin r Blvd o U y V z W c LL z W Boynton each 1 d E Oc a Ave Z 2nd A e 2 00 L y d a v 00 00 U) = U) E oo brigh Rd a 0 U U) 23 d Av SW 23rd Ave CRAAREA- 1,650 acres Water Major Roads Railroads ulfstream vd' W�E BOYNTON[ 0 o.zs o.s "'BEACH',C RA Miles g C,06=MUNfl n e -ir> r «ikG_NC',Y Form W-9 Request for Taxpayer Give Form to the (Rev.December Treasury Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. ni 2 Business name/disregarded entity name,if different from above a� rn as °- 3 Check appropriate box for federal tax classification;check only one of the following seven boxes: 4 Exemptions(codes apply only to ° ❑Individual/sole proprietor or ❑ C Corporation ❑S Corporation ❑ certain entities, not individuals; see Partnership ❑ Trust/estate W single-member LLC instructions on page 3): CL O Exempt payee code(if any) ❑Limited liability company. Enter the tax classification(C=C corporation,S=S corporation, P=partnership)► OExemption from FATCA reporting Note.For a single-member LLC that is disregarded,do not check LLC;check the appropriate box in the line above for y the tax classification of the single-member owner. code(if any) CL V ❑Other(see instructions) ► (Applies to accounts maintained outside the U.S.) w 5 Address(number,street,and apt.or suite no.) Requester's name and address(optional) v ar CL CO 6 City,state,and ZIP code a) U) 7 List account number(s)here(optional) Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals,this is generally your social security number(SSN). However,for a resident alien,sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other — — entities, it is your employer identification number(EIN).If you do not have a number, see How to get a L I TINon page 3. or Note. If the account is in more than one name,seethe instructions for line 1 and the chart on page 4 for Employer identification number guidelines on whose number to enter. F3 Mt Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends, or(c)the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S.citizen or other U.S. person (defined below);and 4.The FATCA code(s)entered on this form (if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRSthat you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN.See the instructions on page 3. Sign Signature of Here U.S.person► Date ► General Instructions -Form 1098(home mortgage interest),1098-E(student loan interest),1098-T (tuition) Section references are to the Internal Revenue Code unless otherwise noted. -Form 1099-C(canceled debt) Future developments.Information about developments affecting Form W-9(such -Form 1099-A(acquisition or abandonment of secured property) as legislation enacted after we release it)is at www.irs.gov/fw9. Use Form W-9 only if you are a U.S.person(including a resident alien),to Purpose of Form provide your correct TIN. An individual or entity(Form W-9 requester)who is required to file an information If you do not return Form W-9 to the requester with a TIN,you might be subject return with the IRS must obtain your correct taxpayer identification number(TIN) to backup withholding. See What is backup withholding?on page 2. which may be your social security number(SSN),individual taxpayer identification By signing the filled-out form,you: number(ITIN),adoption taxpayer identification number(ATIN),or employer 1.Certify that the TIN you are giving is correct(or you are waiting for a number identification number(EIN),to report on an information return the amount paid to to be issued), you,or other amount reportable on an information return.Examples of information returns include,but are not limited to,the following: 2.Certify that you are not subject to backup withholding, or -Form 1099-INT(interest earned or paid) 3.Claim exemption from backup withholding if you are a U.S.exempt payee.If -Form 1099-DIV(dividends,including those from stocks or mutual funds) applicable,you are also certifying that as a U.S.person,your allocable share of any partnership income from a U.S.trade or business is not subject to the -Form 1099-MISC(various types of income,prizes,awards,or gross proceeds) withholding tax on foreign partners'share of effectively connected income,and -Form 1099-B(stock or mutual fund sales and certain other transactions by 4.Certify that FATCA code(s)entered on this form(if any)indicating that you are brokers) exempt from the FATCA reporting, is correct.See What is FA TCA reporting?on -Form 1099-S(proceeds from real estate transactions) page 2 for further information. -Form 1099-K(merchant card and third party network transactions) Cat.No.10231X Form W-9 (Rev. 12-2014) Form W-9(Rev. 12-2014) Page 2 Note. If you are a U.S.person and a requester gives you a form other than Form 3.The IRS tells the requester that you furnished an incorrect TIN, W-9 to request your TIN,you must use the requester's form if it is substantially 4.The IRS tells you that you are subject to backup withholding because you did similar to this Form W-9. not report all your interest and dividends on your tax return(for reportable interest Definition of a U.S.person.For federal tax purposes,you are considered a U.S. and dividends only),or person if you are: 5.You do not certify to the requester that you are not subject to backup -An individual who is a U.S.citizen or U.S.resident alien; withholding under 4 above(for reportable interest and dividend accounts opened -A partnership,corporation,company, or association created or organized in the after 1983 only). United States or under the laws of the United States; Certain payees and payments are exempt from backup withholding. See Exempt -An estate(other than a foreign estate);or payee code on page 3 and the separate Instructions for the Requester of Form W-9 for more information. -A domestic trust(as defined in Regulations section 301.7701-7). Also see Special rules for partnerships above. Special rules for partnerships.Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section What is FATCA reporting? 1446 on any foreign partners'share of effectively connected taxable income from such business.Further,in certain cases where a Form W-9 has not been received, The Foreign Account Tax Compliance Act(FATCA)requires a participating foreign the rules under section 1446 require a partnership to presume that a partner is a financial institution to report all United States account holders that are specified foreign person,and pay the section 1446 withholding tax.Therefore,if you are a United States persons.Certain payees are exempt from FATCA reporting.See U.S.person that is a partner in a partnership conducting a trade or business in the Exemption from FATCA reporting code on page 3 and the Instructions for the United States,provide Form W-9 to the partnership to establish your U.S.status Requester of Form W-9 for more information. and avoid section 1446 withholding on your share of partnership income. In the cases below,the following person must give Form W-9 to the partnership Updating Your Information for purposes of establishing its U.S.status and avoiding withholding on its You must provide updated information to any person to whom you claimed to be allocable share of net income from the partnership conducting a trade or business an exempt payee if you are no longer an exempt payee and anticipate receiving in the United States: reportable payments in the future from this person.For example,you may need to -In the case of a disregarded entity with a U.S.owner,the U.S.owner of the provide updated information if you are a C corporation that elects to be an S disregarded entity and not the entity; corporation,or if you no longer are tax exempt. In addition,you must furnish a new Form W-9 if the name or TIN changes for the account;for example,if the grantor -In the case of a grantor trust with a U.S.grantor or other U.S.owner,generally, of a grantor trust dies. the U.S.grantor or other U.S.owner of the grantor trust and not the trust;and -In the case of a U.S.trust(other than a grantor trust),the U.S.trust(other than a Penalties grantor trust)and not the beneficiaries of the trust. Failure to furnish TIN.If you fail to furnish your correct TIN to a requester,you are Foreign person.If you are a foreign person or the U.S.branch of a foreign bank subject to a penalty of$50 for each such failure unless your failure is due to that has elected to be treated as a U.S.person,do not use Form W-9.Instead,use reasonable cause and not to willful neglect. the appropriate Form W-8 or Form 8233(see Publication 515,Withholding of Tax Civil penalty for false information with respect to withholding.If you make a on Nonresident Aliens and Foreign Entities). false statement with no reasonable basis that results in no backup withholding, Nonresident alien who becomes a resident alien.Generally,only a nonresident you are subject to a$500 penalty. alien individual may use the terms of a tax treaty to reduce or eliminate U.S.tax on Criminal penalty for falsifying information.Willfully falsifying certifications or certain types of income.However,most tax treaties contain a provision known as affirmations may subject you to criminal penalties including fines and/or a"saving clause."Exceptions specified in the saving clause may permit an imprisonment. exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S.resident alien for tax purposes. Misuse of TINS.If the requester discloses or uses TINs in violation of federal law, If you are a U.S.resident alien who is relying on an exception contained in the the requester may be subject to civil and criminal penalties. saving clause of a tax treaty to claim an exemption from U.S.tax on certain types of income,you must attach a statement to Form W-9 that specifies the following Specific Instructions five items: 1.The treaty country.Generally,this must be the same treaty under which you Line 1 claimed exemption from tax as a nonresident alien. You must enter one of the following on this line;do not leave this line blank.The 2.The treaty article addressing the income. name should match the name on your tax return. 3.The article number(or location)in the tax treaty that contains the saving If this Form W-9 is for a joint account,list first,and then circle,the name of the clause and its exceptions. person or entity whose number you entered in Part I of Form W-9. 4.The type and amount of income that qualifies for the exemption from tax. a. Individual.Generally,enter the name shown on your tax return.If you have changed your last name without informing the Social Security Administration (SSA) 5.Sufficient facts to justify the exemption from tax under the terms of the treaty of the name change,enter your first name,the last name as shown on your social article. security card,and your new last name. Example.Article 20 of the U.S.-China income tax treaty allows an exemption Note.ITIN applicant:Enter your individual name as it was entered on your Form from tax for scholarship income received by a Chinese student temporarily present W-7 application, line 1a.This should also be the same as the name you entered on in the United States.Under U.S.law,this student will become a resident alien for the Form 1040/1040A/1040EZ you filed with your application. tax purposes if his or her stay in the United States exceeds 5 calendar years. However,paragraph 2 of the first Protocol to the U.S.-China treaty(dated April 30, b. Sole proprietor or single-member LLC.Enter your individual name as 1984)allows the provisions of Article 20 to continue to apply even after the shown on your 1040/1040A/1040EZ on line 1.You may enter your business,trade, Chinese student becomes a resident alien of the United States.A Chinese student or"doing business as"(DBA)name on line 2. who qualifies for this exception (under paragraph 2 of the first protocol)and is c. Partnership,LLC that is not a single-member LLC,C Corporation,or S relying on this exception to claim an exemption from tax on his or her scholarship Corporation.Enter the entity's name as shown on the entity's tax return on line 1 or fellowship income would attach to Form W-9 a statement that includes the and any business,trade,or DBA name on line 2. information described above to support that exemption. d. Other entities.Enter your name as shown on required U.S.federal tax If you are a nonresident alien or a foreign entity,give the requester the documents on line 1.This name should match the name shown on the charter or appropriate completed Form W-8 or Form 8233. other legal document creating the entity.You may enter any business,trade,or DBA name on line 2. Backup Withholding e. Disregarded entity.For U.S.federal tax purposes,an entity that is What is backup withholding?Persons making certain payments to you must disregarded as an entity separate from its owner is treated as a"disregarded under certain conditions withhold and pay to the IRS 28%of such payments.This entity." See Regulations section 301.7701-2(c)(2)(iii).Enter the owners name on is called"backup withholding." Payments that may be subject to backup line 1.The name of the entity entered on line 1 should never be a disregarded withholding include interest,tax-exempt interest,dividends, broker and barter entity.The name on line 1 should be the name shown on the income tax return on exchange transactions, rents,royalties,nonemployee pay,payments made in which the income should be reported. For example,if a foreign LLC that is treated settlement of payment card and third party network transactions,and certain as a disregarded entity for U.S.federal tax purposes has a single owner that is a payments from fishing boat operators.Real estate transactions are not subject to U.S.person,the U.S.owners name is required to be provided on line 1.If the backup withholding. direct owner of the entity is also a disregarded entity,enter the first owner that is You will not be subject to backup withholding on payments you receive if you not disregarded for federal tax purposes.Enter the disregarded entity's name on give the requester your correct TIN,make the proper certifications, and report all line 2,"Business name/disregarded entity name."If the owner of the disregarded your taxable interest and dividends on your tax return. entity is a foreign person,the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S.TIN. Payments you receive will be subject to backup withholding if: 1.You do not furnish your TIN to the requester, 2.You do not certify your TIN when required(see the Part II instructions on page 3 for details), Form W-9(Rev. 12-2014) Page 3 Line 2 2 However,the following payments made to a corporation and reportable on Form If you have a business name,trade name,DBA name,or disregarded entity name, 1099-MISC are not exempt from backup withholding: medical and health care you may enter it on line 2. payments,attorneys'fees,gross proceeds paid to an attorney reportable under section 6045(f),and payments for services paid by a federal executive agency. Line 3 Exemption from FATCA reporting code.The following codes identify payees Check the appropriate box in line 3 for the U.S.federal tax classification of the that are exempt from reporting under FATCA.These codes apply to persons person whose name is entered on line 1.Check only one box in line 3. submitting this form for accounts maintained outside of the United States by certain foreign financial institutions.Therefore,if you are only submitting this form Limited Liability Company(LLC).If the name on line 1 is an LLC treated as a for an account you hold in the United States,you may leave this field blank. partnership for U.S.federal tax purposes,check the"Limited Liability Company" Consult with the person requesting this form if you are uncertain if the financial box and enter"P" in the space provided. If the LLC has filed Form 8832 or 2553 to institution is subject to these requirements.A requester may indicate that a code is be taxed as a corporation,check the"Limited Liability Company" box and in the not required by providing you with a Form W-9 with"Not Applicable" (or any space provided enter"C" for C corporation or"S"for S corporation. If it is a similar indication)written or printed on the line for a FATCA exemption code. single-member LLC that is a disregarded entity,do not check the"Limited Liability Company" box;instead check the first box in line 3"Individual/sole proprietor or A—An organization exempt from tax under section 501(a)or any individual single-member LLC." retirement plan as defined in section 7701(a)(37) Line 4, Exemptions B—The United States or any of its agencies or instrumentalities If you are exempt from backup withholding and/or FATCA reporting,enter in the C—A state,the District of Columbia,a U.S.commonwealth or possession,or appropriate s ace in line 4 an code(s)that n apply to you. any of their political subdivisions or instrumentalities p Y ( ) Y pp Y Exempt payee code. D—A corporation the stock of which is regularly traded on one or more established securities markets,as described in Regulations section - Generally,individuals(including sole proprietors)are not exempt from backup 1.1472-1(c)(1)(i) withholding. E—A corporation that is a member of the same expanded affiliated group as a - Except as provided below,corporations are exempt from backup withholding corporation described in Regulations section 1.1472-1(c)(1)(i) for certain payments,including interest and dividends. F—A dealer in securities,commodities, or derivative financial instruments - Corporations are not exempt from backup withholding for payments made in (including notional principal contracts,futures,forwards, and options)that is settlement of payment card or third party network transactions. registered as such under the laws of the United States or any state - Corporations are not exempt from backup withholding with respect to attorneys' G—A real estate investment trust fees or gross proceeds paid to attorneys,and corporations that provide medical or H—A regulated investment company as defined in section 851 or an entity health care services are not exempt with respect to payments reportable on Form registered at all times during the tax year under the Investment Company Act of 1099-MISC. 1940 The following codes identify payees that are exempt from backup withholding. I—A common trust fund as defined in section 584(a) Enter the appropriate code in the space in line 4. 1—An organization exempt from tax under section 501(a),any IRA,or a J—A bank as defined in section 581 custodial account under section 403(b)(7)if the account satisfies the requirements K—A broker of section 401(f)(2) L—A trust exempt from tax under section 664 or described in section 4947(a)(1) 2—The United States or any of its agencies or instrumentalities M—A tax exempt trust under a section 403(b)plan or section 457(g)plan 3—A state,the District of Columbia,a U.S.commonwealth or possession,or Note.You may wish to consult with the financial institution requesting this form to any of their political subdivisions or instrumentalities determine whether the FATCA code and/or exempt payee code should be 4—A foreign government or any of its political subdivisions,agencies,or completed. instrumentalities Line 5 5—A corporation 6—A dealer in securities or commodities required to register in the United Enter your address(number,street,and apartment or suite number).This is where States,the District of Columbia,or a U.S.commonwealth or possession the requester of this Form W-9 will mail your information returns. 7—A futures commission merchant registered with the Commodity Futures Line 6 Trading Commission Enter your city,state,and ZIP code. 8—A real estate investment trust 9—An entity registered at all times during the tax year under the Investment Part I. Taxpayer Identification Number(TIN) Company Act of 1940 Enter your TIN in the appropriate box.If you are a resident alien and you do not 10—A common trust fund operated by a bank under section 584(a) have and are not eligible to get an SSN,your TIN is your IRS individual taxpayer identification number(ITIN).Enter it in the social security number box.If you do not 11—A financial institution have an ITIN,see How to get a TIN below. 12—A middleman known in the investment community as a nominee or If you are a sole proprietor and you have an EIN,you may enter either your SSN custodian or EIN.However,the IRS prefers that you use your SSN. 13—A trust exempt from tax under section 664 or described in section 4947 If you are a single-member LLC that is disregarded as an entity separate from its The following chart shows types of payments that may be exempt from backup owner(see Limited Liability Company(LLC)on this page),enter the owner's SSN withholding. The chart applies to the exempt payees listed above,1 through 13. (or EIN,if the owner has one).Do not enter the disregarded entity's EIN.If the LLC is classified as a corporation or partnership,enter the entity's EIN. IF the payment is for... THEN the payment is exempt for... Note.Seethe chart on page 4 for further clarification of name and TIN combinations. Interest and dividend payments All exempt payees except How to get a TIN.If you do not have a TIN,apply for one immediately.To apply for for 7 an SSN,get Form SS-5,Application for a Social Security Card,from your local SSA office or get this form online at wvvwssa.gov.You may also get this form by calling Broker transactions Exempt payees 1 through 4 and 6 1-800-772-1213. Use Form W-7,Application for IRS Individual Taxpayer through 11 and all C corporations. S Identification Number,to apply for an ITIN,or Form SS-4,Application for Employer corporations must not enter an exempt Identification Number,to apply for an EIN.You can apply for an EIN online by payee code because they are exempt accessing the IRS website at www.irs.gov/businesses and clicking on Employer only for sales of noncovered securities Identification Number(EIN)under Starting a Business.You can get Forms W-7 and acquired prior to 2012. SS-4 from the IRS by visiting IRS.gov or by calling 1-800-TAX-FORM (1-800-829-3676). Barter exchange transactions and Exempt payees 1 through 4 If you are asked to complete Form W-9 but do not have a TIN,apply for a TIN patronage dividends and write"Applied For'in the space for the TIN,sign and date the form,and give it Payments over$600 required to be Generally,exempt payees to the requester.For interest and dividend payments,and certain payments made reported and direct sales over o be 1 Generally, h 5Z with respect to readily tradable instruments,generally you will have 60 days to get p g a TIN and give it to the requester before you are subject to backup withholding on payments.The 60-day rule does not apply to other types of payments.You will be Payments made in settlement of Exempt payees 1 through 4 subject to backup withholding on all such payments until you provide your TIN to payment card or third party network the requester. transactions Note.Entering"Applied For'means that you have already applied for a TIN or that 1 See Form 1099-MISC,Miscellaneous Income,and its instructions. you intend to apply for one soon. Caution:A disregarded U.S.entity that has a foreign owner must use the appropriate Form W-8. Form W-9(Rev. 12-2014) Page 4 Part II. Certification 3You must show your individual name and you may also enter your business or DBA name on the"Business name/disregarded entity"name line.You may use either your SSN or EIN(if you To establish to the withholding agent that you are a U.S.person,or resident alien, have one),but the IRS encourages you to use your SSN. sign Form W-9.You may be requested to sign by the withholding agent even if 4 items 1,4,or 5 below indicate otherwise. List first and circle the name of the trust,estate,or pension trust.(Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account For a joint account,only the person whose TIN is shown in Part I should sign title.)Also see Specialrules for partnershipson page 2. (when required).In the case of a disregarded entity,the person identified on line 1 *Note.Grantor also must provide a Form W-9 to trustee of trust. must sign.Exempt payees,see Exempt payee code earlier. Note. If no name is circled when more than one name is listed,the number will be Signature requirements.Complete the certification as indicated in items 1 considered to be that of the first name listed. through 5 below. Secure Your Tax Records from Identity Theft 1.Interest,dividend,and barter exchange accounts opened before 1984 and broker accounts considered active during 1983.You must give your Identity theft occurs when someone uses your personal information such as your correct TIN,but you do not have to sign the certification. name,SSN,or other identifying information,without your permission,to commit 2.Interest,dividend,broker,and barter exchange accounts opened after fraud or other crimes.An identity thief may use your SSN to get a job or may file a 1983 and broker accounts considered inactive during 1983.You must sign the tax return using your SSN to receive a refund. certification or backup withholding will apply.If you are subject to backup To reduce your risk: withholding and you are merely providing your correct TIN to the requester,you -Protect your SSN, must cross out item 2 in the certification before signing the form. -Ensure your employer is protecting your SSN,and 3.Real estate transactions.You must sign the certification.You may cross out item 2 of the certification. -Be careful when choosing a tax preparer. 4.Other payments.You must give your correct TIN,but you do not have to sign If your tax records are affected by identity theft and you receive a notice from the certification unless you have been notified that you have previously given an the IRS,respond right away to the name and phone number printed on the IRS incorrect TIN."Other payments" include payments made in the course of the notice or letter. requester's trade or business for rents,royalties,goods(other than bills for If your tax records are not currently affected by identity theft but you think you merchandise),medical and health care services(including payments to are at risk due to a lost or stolen purse or wallet,questionable credit card activity corporations),payments to a nonemployee for services,payments made in or credit report,contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit settlement of payment card and third party network transactions,payments to Form 14039. certain fishing boat crew members and fishermen,and gross proceeds paid to attorneys(including payments to corporations). For more information,see Publication 4535,Identity Theft Prevention and Victim Assistance. 5.Mortgage interest paid by you,acquisition or abandonment of secured property,cancellation of debt,qualified tuition program payments(under Victims of identity theft who are experiencing economic harm or a system section 529),IRA,Coverdell ESA,Archer MSA or HSA contributions or problem,or are seeking help in resolving tax problems that have not been resolved distributions,and pension distributions.You must give your correct TIN,but you through normal channels,may be eligible for Taxpayer Advocate Service(TAS) do not have to sign the certification. assistance.You can reach TAS by calling the TAS toll-free case intake line at 1-877-777-4778 orTTY/TDD 1-800-829-4059. What Name and Number To Give the Requester Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business For this type of account: Give name and SSN of: emails and websites.The most common act is sending an email to a user falsely 1.Individual The individual claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. 2.Two or more individuals(joint The actual owner of the account or, account) if combined funds,the first The IRS does not initiate contacts with taxpayers via emails.Also,the IRS does individual on the account' not request personal detailed information through email or ask taxpayers for the PIN numbers,passwords,or similar secret access information for their credit card, 3.Custodian account of a minor The minor bank,or other financial accounts. (Uniform Gift to Minors Act) If you receive an unsolicited email claiming to be from the IRS,forward this 4.a.The usual revocable savings The grantor-trustee' message to phishing@irs.gov.You may also report misuse of the IRS name,logo, trust(grantor is also trustee) or other IRS property to the Treasury Inspector Generalfor Tax Administration b.So-called trust account that is The actual owner' (TIGTA)at 1-800-366-4484. You can forward suspicious emails to the Federal not a legal or valid trust under Trade Commission at:spam@uce.gov or contact them at www.ftc.gov/idtheft or state law 1-877-IDTHEFT(1-877-438-4338). 5.Sole proprietorship or disregarded The owner' Visit IRS.gov to learn more about identity theft and how to reduce your risk. entity owned by an individual 6.Grantor trust filing under Optional The grantor* Privacy Act Notice Form 1099 Filing Method 1 (see Regulations section 1.671-4(b)(2)(i) Section 6109 of the Internal Revenue Code requires you to provide your correct TIN (A)) to persons(including federal agencies)who are required to file information returns with the IRS to report interest,dividends,or certain other income paid to you; For this type of account: Give name and EIN of: mortgage interest you paid;the acquisition or abandonment of secured property; 7.Disregarded entity not owned by an The owner the cancellation of debt;or contributions you made to an IRA,Archer MSA,or HSA. individual The person collecting this form uses the information on the form to file information 8.A valid trust,estate,or pension trust Legal entity' returns with the IRS,reporting the above information.Routine uses of this information include giving it to the Department of Justice for civil and criminal 9.Corporation or LLC electing The corporation litigation and to cities,states,the District of Columbia,and U.S.commonwealths corporate status on Form 8832 or and possessions for use in administering their laws.The information also may be Form 2553 disclosed to other countries under a treaty,to federal and state agencies to enforce 10.Association,club,religious, The organization civil and criminal laws,or to federal law enforcement and intelligence agencies to charitable,educational,or other tax- combat terrorism.You must provide your TIN whether or not you are required to file exempt organization a tax return.Under section 3406,payers must generally withhold a percentage of taxable interest,dividend,and certain other payments to a payee who does not 11.Partnership or multi-member LLC The partnership give a TIN to the payer.Certain penalties may also apply for providing false or 12.A broker or registered nominee The broker or nominee fraudulent information. 13.Account with the Department of The public entity Agriculture in the name of a public entity(such as a state or local government,school district, or prison)that receives agricultural program payments 14.Grantor trust filing under the Form The trust 1041 Filing Method or the Optional Form 1099 Filing Method 2(see Regulations section 1.671-4(b)(2)(i) (B)) List first and circle the name of the person whose number you furnish.If only one person on a joint account has an SSN,that person's number must be furnished. 2 Circle the minor's name and furnish the minor's SSN. Fft C`( '; UNBEACH,l {CRA Vendor ID: COMMUNffY REDEVELOPMENT A Office use only Vendor Application • Submit a current W-9 with application The CRA's Vendor List is updated periodically. An updated W-9 is required whenever there is a change in address, and must be submitted to the CRA Finance Department. Phone number is 561-600-9092 or 561-600-9095. All the *fields are required Apply Date* Federal ID#* Company Type* ❑Corporation ❑ Individual/Sole Proprietor ❑ Joint Venture ❑ LLC ❑ Partnership/Limited Partnership ❑ Non Profit* Company Name* D.B.A Email Address* Address* Suite/Unit# City* State/Province* Zip Code* Phone No_ Ext. Fax# Contact Person* Title Mobile# ❑ Check this box if the Billing Address is same as Company Address. Otherwise please complete the following: Address* Suite/Unit# City* State/Province* Zip Code* Phone No_ Ext. Fax# Contact Person* Title Mobile# Principal line of business: PLEASE NOTE:THE STATE OF FLORIDA HAS A BROAD PUBLIC RECORDS LAW.ALL RECORDS OF THE STATE OR POLITICAL SUBDIVISIONS OF THE STATE ARE OPEN FOR PUBLIC INSPECTION AND COPYING,SUBJECT TO CERTAIN STATUTORY EXEMPTIONS. IF YOU CHOOSE TO PROVIDE PERSONAL INFORMATION SUCH AS YOUR NAME, EMAIL ADDRESS,PHONE NUMBER(S),ADDRESS OR ANY OTHER PERSONAL INFORMATION IN THIS CONTACT FORM OR OTHER FORM ON THIS SITE,UNLESS EXEMPTED BY FLORIDA STATUTES,THIS INFORMATION IS A PUBLIC RECORD UNDER FLORIDA'S GOVERNMENT IN THE SUNSHINE LAWS AND IS AVAILABLE FOR PUBLIC INSPECTION UPON REQUEST.IF YOU DO NOT WANT THIS INFORMATION RELEASED IN RESPONSE TO A PUBLIC RECORDS REQUEST,PLEASE DO NOT SUBMIT THIS INFORMATION.IF YOU HAVE QUESTIONS ABOUT OUR WEBSITE'S PRIVACY POLICIES,PLEASE CONTACT US AT 561-600-9092 or 561-600-9095. t f BOYN , f itlil!;441, ls'ia`) E , RAooeoo .......... ... • - • • e • sod,R/0186//a 0 u tre a c hPro ram Ri Of ow W Y 01 -, U R BUSINESS ! The Boynton Beach CRA is excited to inform _ you about our Social Media Outreach Program! Our - • • - - • goal is to helpbusinesses within e CRA Districtestablish li e presence. The best ? is - •completely ! Renee ers, Social Media & Communications Specialist, is here to teach you the tools you need successfully market your business on social media ' and online platforms. This program aims to helpbusiness owners manage and learn how to utilize social media pages. We offer a range of services, from starting business accounts, building ad campaigns for events to special promotions, or posting day to day activity and products. tact us today to getstarted! INFORMATION:CONTACT • • . Name: • . • s Business: Email: Phone: ! �, � \ » . . � \ . �« �» >\ . § : (�_\��a=�� . � :_ «- . - �_.�2�±���J�»� � ° 7/ ® � .���������� : , <�\ �K-�\ � \ \� - ©��� »\\��� - � � .- . .—. , � - . w � �. . - \ /�/� d� ` �< ._\« © -: < « . r ? , /\�? \ .. � � \ \\ \\: � \d\ I � ^ 2\ ^,� \ \�/ ` ` ® -- d\�/\- �\\ \ �. y : > - _ » : x « I» - - \? � ` ° �� a . : : : : : , \ l — ani Uy Y 1 a }At {J B ' JT1 B EACH COMMUMTY REDEVELOPMENT October 1 , 2021 — September 30, 2022 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 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 term "project" means the eligible exterior or interior improvement project for which the applicant seeks reimbursement. Initials Page 1 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com The Boynton Beach BBCRA is a public agency and is governed by the "Florida Public Records Law" under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s) may be produced the BBCRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Incentive Funding The Commercial Property Improvement Grant Program offers financial assistance to the landlord or business owner in the form of a reimbursable, matching grant for 50% of eligible expenses, up to $50,000, associated with the construction or renovation of the exterior and interior elements of the commercial operating space. Applicants are encouraged to take advantage of the City of Boynton Beach's PACE Program to help defer the cost of installing energy efficient items. Information regarding the PACE Program is available online at http-//www.boynton-beach.org/go- green/pace_program.php or by contacting the City of Boynton Beach at (561) 742-6067. Attached is the ReNew PACE Eligible Product List. Applicants are also encouraged to connect with CareerSource Palm Beach County which is a State organization providing various free programs to assist Palm Beach County businesses. CareerSource Palm Beach County has a dedicated team of career counselors, business coaches and training providers to help area businesses stay competitive through training grants and talent acquisitions and also provide assistance in posting available jobs, recruiting and hiring, and training opportunities. For more information regarding CareerSource Palm Beach County visit their website at careersourcepbc.com or view the attached brochure. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Applicant must be the business entity (or d/b/a) named and the principal owners named on the corporation documents, and must be the landlord or business owner of the company occupying the property to be improved. • Must be located within the BBCRA Area (see attached map). • Must provide proof that the commercial business is properly licensed by all necessary levels of government and professional associations or agencies (copies of City and County licenses or receipts that the licenses have been applied for). Initials Page 2 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com • Improvements to non-profit and residentially zoned properties are NOT eligible expenses. • Applicant must have an executed multi-year lease with at least two years remaining on the lease at the time of BBCRA Board approval • Proposed leases must be executed within 30 days of BBCRA Board approval or the grant award is terminated. • The Applicant's Experian consumer credit report must reflect an acceptable level of financial stability, as determined in the sole discretion of the BBCRA. A copy of the consumer report will be provided to the applicant upon request. Applicants must have an Experian credit score of 601 or higher and have no listed history of bankruptcy to be eligible. If there is more than one business owner, the majority of the business owners must have credit scores of 601 or higher to be eligible. • All work must be done in compliance with applicable City of Boynton Beach Building Codes and Land Development Regulations. All contractors must be licensed as required to work in Boynton Beach and/or Palm Beach County. For any projects valued more than $250,000 (based on the project's construction value as it appears on the Palm Beach County-Wide/Municipal Building Permit Application Form submitted to the City of Boynton Beach), preference will be given to projects that will use contractors with an office in Palm Beach County. Please contact the City of Boynton Beach Development Department regarding the proposed work to be performed prior to submitting a grant application. • Grant funding amounts will be based on the applicant's project budget, specified at the time of the BBCRA Board approval, plus an added 20% contingency funding amount. • Grant funds will be reimbursed exclusively for approved work and approved change orders. • The Commercial Property Improvement Grant Program may only be used one time in any five year period for any one property. Entities hoping to improve properties that were previously improved using a BBCRA improvement grant may apply for additional grants any time after five years from previous grant approval. • In order to qualify for the grant, the subject property may not have any outstanding City of Boynton Beach liens at the time the applicant seeks reimbursement. To ensure that the property does not have any outstanding liens, violations or monies owed for utilities, the BBCRA will perform a lien search on the property at a cost of $140.00, which will be deducted from any grant funding awarded to the recipient. Initials Page 3 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com In the event that there is an outstanding lien against the property, the grant will not be awarded until the complete satisfaction of the lien. • 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 BBCRA will 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 Page 4 of 17 Property Improvement 100 East Ocean Avenue,4th 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,4th 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,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 at the time of Board approval. 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 Page 7 of 17 Property Improvement 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. 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 may submit complete applications via email or mail hard copies of the application with all materials to the BBCRA for review and approval by the BBCRA Board. Applicants will be considered on a first-come, first-serve basis. Application packets must include the following documentation- 1. ocumentation:1. A non-refundable fee of$100, which will be used to obtain a consumer credit report on the business and principal/owners of business. Make check payable to: Boynton Beach CRA. 2. Provide 2-3 sentence mission statement for the applying business entity. If the applicant is a commercial property owner, provide a brief history of the property and the current tenants of the space. This will be used as a way to introduce your business to the BBCRA Board. 3. Written detailed project budget describing the improvements to be done to the property. 4. 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. 5. Signage design, project color chips, material samples and material specifications, if applicable. 6. Copy of building permit receipt/application. If the permit has not been applied for prior to submission of the grant application, a copy of the building permit receipt is due within 90 days of grant approval, or the grant award may be terminated. 7. Resume for each principal/owner of the business. 8. Copy of the corporate documents for the applying business entity. Initials Page 8 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 9. Copy of executed multi-year commercial lease agreement. 10.Copy of Warranty Deed. 11.Two years of corporate tax returns (for existing businesses only). 12.Two years of personal tax returns for the principal/owners of a new business. 13.Copy of design and construction plans associated with the proposed improvements. 14.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. 15.A minimum of four color digital "before" photos of the exterior and interior portions of the project. 16.Completed and signed application (attached). 17.Authorization to perform credit check for the business and each principal/owner of the business (attached). 18.W9 Form and Vendor Application (attached). 19.City Planning and Development Department Acknowledgement Form (attached). 20.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 Initials Page 9 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 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 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. Initials Page 10 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 2. Copy of City of Boynton Beach and Palm Beach County licenses (Business Tax Receipt). 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. 7. All in project costs to open or renovate the business for reporting of public to private dollar match 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,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNKY REDEVEI„OPMENTAGENCY APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (d/b/a if applicable): Current Business Address: Fed I D#: Business Phone Number: Cell: Website: Existing Business: Yes No Number of years in existence: Time at Current Location: New Business to Boynton Beach: Yes No Do you have an executed lease agreement: Yes _ No_ If so, monthly base rent: New Business Address (if applicable): Square footage of current location: Square footage of new location: Type of Business: Tier 1 Business: ❑ Tier 2 Business: ❑ Tier 3 Business: ❑ (Tier Classification subject to BBCRA Board Approval) Number of Employees: Hours of Operation: List of improvements seeking reimbursement for: Requested grant amount: Page 12 of 17 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNKY REDEVEI„OPMENTAGENCY APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 2. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 3. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 4. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: Are you applying for grant assistance under any other program offered by the BBCRA? Yes No If yes, what additional programs are you applying for: Page 13 of 17 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,����t�4� E H ���,,�<<� «<4 ,, RA COMMUNKY REDEVEI„OPMENTAGENCY APPLICANT INFORMATION Are you receiving grant assistance under any other governmental agencies: Yes _ No If yes, list any additional grant sources and amounts: LANDLORD INFORMATION: Landlord Name: Landlord's Mailing Address: Landlord's Phone Number: CERTIFICATION AND WAIVER OF PRIVACY: For purposes of this certification and waiver of privacy, the term "I” refers to the applicant and to all signatories below individually. By signing below, each signatory represents and confirms that he or she is authorized to sign on behalf of the applicant(s). 1, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Property Improvement Grant Program, and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commercial Property Improvement Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I Initials Page 14 of 17 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNKY REDEVEI„OPMENTAGENCY APPLICANT INFORMATION understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue grant payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer in furtherance of the Boynton Beach Community Redevelopment Plan. To the maximum extent possible, I hereby waive my rights to privacy and confidentiality for all matters contained in this application, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I specifically authorize the BBCRA to run a credit report as part of this application, and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. I give permission to the BBCRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. Initials Page 15 of 17 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNKY REDEVEI„OPMENTAGENCY APPLICANT INFORMATION APPLICANT SIGNATURES: 1. Principal/Owner's Signature Date Printed Name Title 2. Principal/Owner's Signature Date Printed Name Title 3. Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of 20 NOTARY PUBLIC My Commission Expires: Page 16 of 17 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNKY REDEVEI„OPMENTAGENCY LANDLORD INFORMATION LANDLORD SIGNATURES: 1. Landlord's Signature Date Printed Name Title 2. Landlord's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of 20 NOTARY PUBLIC My Commission Expires: Page 17 of 17 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,����t�4� E H ���,,�<<� «<4 ,, RA COMMUNITYRE'DEVEI„ P ENT AUTHORIZATION TO PERFORM A CREDIT CHECK FOR PRINCIPAL/OWNER The applicant hereby consents to and authorizes the Boynton Beach Community Redevelopment Agency's ("BBCRA") investigation into the credit worthiness of the applicant. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of the applicant's credit worthiness on behalf of the BBCRA, including independent contractors and credit agencies retained by the BBCRA for such purpose. Any information provided to the BBCRA is a public record subject to the provisions of Ch. 119 F.S. Applicant grants such consent and authorization to the BBCRA for the period commencing as of the date of this authorization and terminating on the date the grant has been fulfilled. This applicant hereby waives and all claims, past, present or future, which the applicant may have against the BBCRA by reason of any credit investigation made pursuant to applicant's consent and authorization herein give to the BBCRA. An authorization to Perform Credit Check needs to be complete by each Principal/Owner and by the Business. Please us a separate form for each principal/owner: Principal/Owner Name: Date of Birth: Current Home Address: Previous Home Address: Email: Phone Number: Signature: Date: 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,����t�4� E H ���,,�<<� «<4 ,, RA COMMUNITYRE'DEVEI„ P ENT AUTHORIZATION TO PERFORM A CREDIT CHECK FOR BUSINESS The applicant hereby consents to and authorizes the Boynton Beach Community Redevelopment Agency's ("BBCRA") investigation into the credit worthiness of the applicant. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of the applicant's credit worthiness on behalf of the BBCRA, including independent contractors and credit agencies retained by the BBCRA for such purpose. Any information provided to the BBCRA is a public record subject to the provisions of Ch. 119 F.S. Applicant grants such consent and authorization to the BBCRA for the period commencing as of the date of this authorization and terminating on the date the grant has been fulfilled. This applicant hereby waives and all claims, past, present or future, which the applicant may have against the BBCRA by reason of any credit investigation made pursuant to applicant's consent and authorization herein give to the BBCRA. An authorization to Perform Credit Check needs to be complete by each Principal/Owner and by the Business. Business (d/b/a if applicable): Federal Tax I D #: Current Business Address: State of Corporation: Email: Phone Number: Fax Number: Signature: Date: Title: 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNITYRE'DEVEI„ P ENT CITY OF BOYNTON BEACH PLANNING & DEVELOPMENT DEPT. ACKNOWLEDGEMENT FORM COMMERCIAL PROPERTY IMPROVEMENT GRANT PROGRAM BBCRA Grant Applicant: has met with the City's Planning & Development Department to review the improvements that will done on the property located at: List of Improvements: City of Boynton Beach Planning & Development Dept. Reviewed by: Date: Requirements: 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNITYRE'DEVEI„ P ENT CITY OF BOYNTON BEACH PERMIT DEPT. ACKNOWLEDGEMENT FORM COMMERCIAL PROPERTY IMPROVEMENT GRANT PROGRAM BBCRA Grant Applicant: has met with the City's Permit Department to review the improvements that will done on the property located at: List of Improvements: City of Boynton Beach Permit Dept. Reviewed by: Date: Requirements: 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT (PAYMENT BY CHECK) The undersigned lienor, in consideration of the final payment in the amount of $ and condition upon payment of check number issued to the undersigned by in said amount, (Business Owner) waives and releases its lien and right to claim a lien for labor, services or materials furnished to on the job of to (Business Owner) (Business Entity) the following described property: (Property Address) Dated on: 20_ Lienor's Signature: Printed Name: Company: Address: MAP OF CRA AREA NE th Ave Gate„iaY Blv Cn L t r LU LL Z 4i mr Stanley Wea er Canal 20" a v > `� Martin Luther Kin r Blvd o U y V z W c LL z W Boynton each 1 d E Oc a Ave Z 2nd A e 2 00 L y d a v 00 00 U) = U) E oo brigh Rd a 0 U U) 23 d Av SW 23rd Ave CRAAREA- 1,650 acres Water Major Roads Railroads ulfstream vd' W�E BOYNTON[ 0 o.zs o.s "'BEACH',C RA Miles g C,06=MUNfl n e -ir> r «ikG_NC',Y Form W-9 Request for Taxpayer Give Form to the (Rev.December Treasury Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. ni 2 Business name/disregarded entity name,if different from above a� rn as °- 3 Check appropriate box for federal tax classification;check only one of the following seven boxes: 4 Exemptions(codes apply only to ° ❑Individual/sole proprietor or ❑ C Corporation ❑S Corporation ❑ certain entities, not individuals; see Partnership ❑ Trust/estate W single-member LLC instructions on page 3): CL O Exempt payee code(if any) ❑Limited liability company. Enter the tax classification(C=C corporation,S=S corporation, P=partnership)► OExemption from FATCA reporting Note.For a single-member LLC that is disregarded,do not check LLC;check the appropriate box in the line above for y the tax classification of the single-member owner. code(if any) CL V ❑Other(see instructions) ► (Applies to accounts maintained outside the U.S.) w 5 Address(number,street,and apt.or suite no.) Requester's name and address(optional) v ar CL CO 6 City,state,and ZIP code a) U) 7 List account number(s)here(optional) Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals,this is generally your social security number(SSN). However,for a resident alien,sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other — — entities, it is your employer identification number(EIN).If you do not have a number, see How to get a L I TINon page 3. or Note. If the account is in more than one name,seethe instructions for line 1 and the chart on page 4 for Employer identification number guidelines on whose number to enter. F3 Mt Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends, or(c)the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S.citizen or other U.S. person (defined below);and 4.The FATCA code(s)entered on this form (if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRSthat you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN.See the instructions on page 3. Sign Signature of Here U.S.person► Date ► General Instructions -Form 1098(home mortgage interest),1098-E(student loan interest),1098-T (tuition) Section references are to the Internal Revenue Code unless otherwise noted. -Form 1099-C(canceled debt) Future developments.Information about developments affecting Form W-9(such -Form 1099-A(acquisition or abandonment of secured property) as legislation enacted after we release it)is at www.irs.gov/fw9. Use Form W-9 only if you are a U.S.person(including a resident alien),to Purpose of Form provide your correct TIN. An individual or entity(Form W-9 requester)who is required to file an information If you do not return Form W-9 to the requester with a TIN,you might be subject return with the IRS must obtain your correct taxpayer identification number(TIN) to backup withholding. See What is backup withholding?on page 2. which may be your social security number(SSN),individual taxpayer identification By signing the filled-out form,you: number(ITIN),adoption taxpayer identification number(ATIN),or employer 1.Certify that the TIN you are giving is correct(or you are waiting for a number identification number(EIN),to report on an information return the amount paid to to be issued), you,or other amount reportable on an information return.Examples of information returns include,but are not limited to,the following: 2.Certify that you are not subject to backup withholding, or -Form 1099-INT(interest earned or paid) 3.Claim exemption from backup withholding if you are a U.S.exempt payee.If -Form 1099-DIV(dividends,including those from stocks or mutual funds) applicable,you are also certifying that as a U.S.person,your allocable share of any partnership income from a U.S.trade or business is not subject to the -Form 1099-MISC(various types of income,prizes,awards,or gross proceeds) withholding tax on foreign partners'share of effectively connected income,and -Form 1099-B(stock or mutual fund sales and certain other transactions by 4.Certify that FATCA code(s)entered on this form(if any)indicating that you are brokers) exempt from the FATCA reporting, is correct.See What is FA TCA reporting?on -Form 1099-S(proceeds from real estate transactions) page 2 for further information. -Form 1099-K(merchant card and third party network transactions) Cat.No.10231X Form W-9 (Rev. 12-2014) Form W-9(Rev. 12-2014) Page 2 Note. If you are a U.S.person and a requester gives you a form other than Form 3.The IRS tells the requester that you furnished an incorrect TIN, W-9 to request your TIN,you must use the requester's form if it is substantially 4.The IRS tells you that you are subject to backup withholding because you did similar to this Form W-9. not report all your interest and dividends on your tax return(for reportable interest Definition of a U.S.person.For federal tax purposes,you are considered a U.S. and dividends only),or person if you are: 5.You do not certify to the requester that you are not subject to backup -An individual who is a U.S.citizen or U.S.resident alien; withholding under 4 above(for reportable interest and dividend accounts opened -A partnership,corporation,company, or association created or organized in the after 1983 only). United States or under the laws of the United States; Certain payees and payments are exempt from backup withholding. See Exempt -An estate(other than a foreign estate);or payee code on page 3 and the separate Instructions for the Requester of Form W-9 for more information. -A domestic trust(as defined in Regulations section 301.7701-7). Also see Special rules for partnerships above. Special rules for partnerships.Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section What is FATCA reporting? 1446 on any foreign partners'share of effectively connected taxable income from such business.Further,in certain cases where a Form W-9 has not been received, The Foreign Account Tax Compliance Act(FATCA)requires a participating foreign the rules under section 1446 require a partnership to presume that a partner is a financial institution to report all United States account holders that are specified foreign person,and pay the section 1446 withholding tax.Therefore,if you are a United States persons.Certain payees are exempt from FATCA reporting.See U.S.person that is a partner in a partnership conducting a trade or business in the Exemption from FATCA reporting code on page 3 and the Instructions for the United States,provide Form W-9 to the partnership to establish your U.S.status Requester of Form W-9 for more information. and avoid section 1446 withholding on your share of partnership income. In the cases below,the following person must give Form W-9 to the partnership Updating Your Information for purposes of establishing its U.S.status and avoiding withholding on its You must provide updated information to any person to whom you claimed to be allocable share of net income from the partnership conducting a trade or business an exempt payee if you are no longer an exempt payee and anticipate receiving in the United States: reportable payments in the future from this person.For example,you may need to -In the case of a disregarded entity with a U.S.owner,the U.S.owner of the provide updated information if you are a C corporation that elects to be an S disregarded entity and not the entity; corporation,or if you no longer are tax exempt. In addition,you must furnish a new Form W-9 if the name or TIN changes for the account;for example,if the grantor -In the case of a grantor trust with a U.S.grantor or other U.S.owner,generally, of a grantor trust dies. the U.S.grantor or other U.S.owner of the grantor trust and not the trust;and -In the case of a U.S.trust(other than a grantor trust),the U.S.trust(other than a Penalties grantor trust)and not the beneficiaries of the trust. Failure to furnish TIN.If you fail to furnish your correct TIN to a requester,you are Foreign person.If you are a foreign person or the U.S.branch of a foreign bank subject to a penalty of$50 for each such failure unless your failure is due to that has elected to be treated as a U.S.person,do not use Form W-9.Instead,use reasonable cause and not to willful neglect. the appropriate Form W-8 or Form 8233(see Publication 515,Withholding of Tax Civil penalty for false information with respect to withholding.If you make a on Nonresident Aliens and Foreign Entities). false statement with no reasonable basis that results in no backup withholding, Nonresident alien who becomes a resident alien.Generally,only a nonresident you are subject to a$500 penalty. alien individual may use the terms of a tax treaty to reduce or eliminate U.S.tax on Criminal penalty for falsifying information.Willfully falsifying certifications or certain types of income.However,most tax treaties contain a provision known as affirmations may subject you to criminal penalties including fines and/or a"saving clause."Exceptions specified in the saving clause may permit an imprisonment. exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S.resident alien for tax purposes. Misuse of TINS.If the requester discloses or uses TINs in violation of federal law, If you are a U.S.resident alien who is relying on an exception contained in the the requester may be subject to civil and criminal penalties. saving clause of a tax treaty to claim an exemption from U.S.tax on certain types of income,you must attach a statement to Form W-9 that specifies the following Specific Instructions five items: 1.The treaty country.Generally,this must be the same treaty under which you Line 1 claimed exemption from tax as a nonresident alien. You must enter one of the following on this line;do not leave this line blank.The 2.The treaty article addressing the income. name should match the name on your tax return. 3.The article number(or location)in the tax treaty that contains the saving If this Form W-9 is for a joint account,list first,and then circle,the name of the clause and its exceptions. person or entity whose number you entered in Part I of Form W-9. 4.The type and amount of income that qualifies for the exemption from tax. a. Individual.Generally,enter the name shown on your tax return.If you have changed your last name without informing the Social Security Administration (SSA) 5.Sufficient facts to justify the exemption from tax under the terms of the treaty of the name change,enter your first name,the last name as shown on your social article. security card,and your new last name. Example.Article 20 of the U.S.-China income tax treaty allows an exemption Note.ITIN applicant:Enter your individual name as it was entered on your Form from tax for scholarship income received by a Chinese student temporarily present W-7 application, line 1a.This should also be the same as the name you entered on in the United States.Under U.S.law,this student will become a resident alien for the Form 1040/1040A/1040EZ you filed with your application. tax purposes if his or her stay in the United States exceeds 5 calendar years. However,paragraph 2 of the first Protocol to the U.S.-China treaty(dated April 30, b. Sole proprietor or single-member LLC.Enter your individual name as 1984)allows the provisions of Article 20 to continue to apply even after the shown on your 1040/1040A/1040EZ on line 1.You may enter your business,trade, Chinese student becomes a resident alien of the United States.A Chinese student or"doing business as"(DBA)name on line 2. who qualifies for this exception (under paragraph 2 of the first protocol)and is c. Partnership,LLC that is not a single-member LLC,C Corporation,or S relying on this exception to claim an exemption from tax on his or her scholarship Corporation.Enter the entity's name as shown on the entity's tax return on line 1 or fellowship income would attach to Form W-9 a statement that includes the and any business,trade,or DBA name on line 2. information described above to support that exemption. d. Other entities.Enter your name as shown on required U.S.federal tax If you are a nonresident alien or a foreign entity,give the requester the documents on line 1.This name should match the name shown on the charter or appropriate completed Form W-8 or Form 8233. other legal document creating the entity.You may enter any business,trade,or DBA name on line 2. Backup Withholding e. Disregarded entity.For U.S.federal tax purposes,an entity that is What is backup withholding?Persons making certain payments to you must disregarded as an entity separate from its owner is treated as a"disregarded under certain conditions withhold and pay to the IRS 28%of such payments.This entity." See Regulations section 301.7701-2(c)(2)(iii).Enter the owners name on is called"backup withholding." Payments that may be subject to backup line 1.The name of the entity entered on line 1 should never be a disregarded withholding include interest,tax-exempt interest,dividends, broker and barter entity.The name on line 1 should be the name shown on the income tax return on exchange transactions, rents,royalties,nonemployee pay,payments made in which the income should be reported. For example,if a foreign LLC that is treated settlement of payment card and third party network transactions,and certain as a disregarded entity for U.S.federal tax purposes has a single owner that is a payments from fishing boat operators.Real estate transactions are not subject to U.S.person,the U.S.owners name is required to be provided on line 1.If the backup withholding. direct owner of the entity is also a disregarded entity,enter the first owner that is You will not be subject to backup withholding on payments you receive if you not disregarded for federal tax purposes.Enter the disregarded entity's name on give the requester your correct TIN,make the proper certifications, and report all line 2,"Business name/disregarded entity name."If the owner of the disregarded your taxable interest and dividends on your tax return. entity is a foreign person,the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S.TIN. Payments you receive will be subject to backup withholding if: 1.You do not furnish your TIN to the requester, 2.You do not certify your TIN when required(see the Part II instructions on page 3 for details), Form W-9(Rev. 12-2014) Page 3 Line 2 2 However,the following payments made to a corporation and reportable on Form If you have a business name,trade name,DBA name,or disregarded entity name, 1099-MISC are not exempt from backup withholding: medical and health care you may enter it on line 2. payments,attorneys'fees,gross proceeds paid to an attorney reportable under section 6045(f),and payments for services paid by a federal executive agency. Line 3 Exemption from FATCA reporting code.The following codes identify payees Check the appropriate box in line 3 for the U.S.federal tax classification of the that are exempt from reporting under FATCA.These codes apply to persons person whose name is entered on line 1.Check only one box in line 3. submitting this form for accounts maintained outside of the United States by certain foreign financial institutions.Therefore,if you are only submitting this form Limited Liability Company(LLC).If the name on line 1 is an LLC treated as a for an account you hold in the United States,you may leave this field blank. partnership for U.S.federal tax purposes,check the"Limited Liability Company" Consult with the person requesting this form if you are uncertain if the financial box and enter"P" in the space provided. If the LLC has filed Form 8832 or 2553 to institution is subject to these requirements.A requester may indicate that a code is be taxed as a corporation,check the"Limited Liability Company" box and in the not required by providing you with a Form W-9 with"Not Applicable" (or any space provided enter"C" for C corporation or"S"for S corporation. If it is a similar indication)written or printed on the line for a FATCA exemption code. single-member LLC that is a disregarded entity,do not check the"Limited Liability Company" box;instead check the first box in line 3"Individual/sole proprietor or A—An organization exempt from tax under section 501(a)or any individual single-member LLC." retirement plan as defined in section 7701(a)(37) Line 4, Exemptions B—The United States or any of its agencies or instrumentalities If you are exempt from backup withholding and/or FATCA reporting,enter in the C—A state,the District of Columbia,a U.S.commonwealth or possession,or appropriate s ace in line 4 an code(s)that n apply to you. any of their political subdivisions or instrumentalities p Y ( ) Y pp Y Exempt payee code. D—A corporation the stock of which is regularly traded on one or more established securities markets,as described in Regulations section - Generally,individuals(including sole proprietors)are not exempt from backup 1.1472-1(c)(1)(i) withholding. E—A corporation that is a member of the same expanded affiliated group as a - Except as provided below,corporations are exempt from backup withholding corporation described in Regulations section 1.1472-1(c)(1)(i) for certain payments,including interest and dividends. F—A dealer in securities,commodities, or derivative financial instruments - Corporations are not exempt from backup withholding for payments made in (including notional principal contracts,futures,forwards, and options)that is settlement of payment card or third party network transactions. registered as such under the laws of the United States or any state - Corporations are not exempt from backup withholding with respect to attorneys' G—A real estate investment trust fees or gross proceeds paid to attorneys,and corporations that provide medical or H—A regulated investment company as defined in section 851 or an entity health care services are not exempt with respect to payments reportable on Form registered at all times during the tax year under the Investment Company Act of 1099-MISC. 1940 The following codes identify payees that are exempt from backup withholding. I—A common trust fund as defined in section 584(a) Enter the appropriate code in the space in line 4. 1—An organization exempt from tax under section 501(a),any IRA,or a J—A bank as defined in section 581 custodial account under section 403(b)(7)if the account satisfies the requirements K—A broker of section 401(f)(2) L—A trust exempt from tax under section 664 or described in section 4947(a)(1) 2—The United States or any of its agencies or instrumentalities M—A tax exempt trust under a section 403(b)plan or section 457(g)plan 3—A state,the District of Columbia,a U.S.commonwealth or possession,or Note.You may wish to consult with the financial institution requesting this form to any of their political subdivisions or instrumentalities determine whether the FATCA code and/or exempt payee code should be 4—A foreign government or any of its political subdivisions,agencies,or completed. instrumentalities Line 5 5—A corporation 6—A dealer in securities or commodities required to register in the United Enter your address(number,street,and apartment or suite number).This is where States,the District of Columbia,or a U.S.commonwealth or possession the requester of this Form W-9 will mail your information returns. 7—A futures commission merchant registered with the Commodity Futures Line 6 Trading Commission Enter your city,state,and ZIP code. 8—A real estate investment trust 9—An entity registered at all times during the tax year under the Investment Part I. Taxpayer Identification Number(TIN) Company Act of 1940 Enter your TIN in the appropriate box.If you are a resident alien and you do not 10—A common trust fund operated by a bank under section 584(a) have and are not eligible to get an SSN,your TIN is your IRS individual taxpayer identification number(ITIN).Enter it in the social security number box.If you do not 11—A financial institution have an ITIN,see How to get a TIN below. 12—A middleman known in the investment community as a nominee or If you are a sole proprietor and you have an EIN,you may enter either your SSN custodian or EIN.However,the IRS prefers that you use your SSN. 13—A trust exempt from tax under section 664 or described in section 4947 If you are a single-member LLC that is disregarded as an entity separate from its The following chart shows types of payments that may be exempt from backup owner(see Limited Liability Company(LLC)on this page),enter the owner's SSN withholding. The chart applies to the exempt payees listed above,1 through 13. (or EIN,if the owner has one).Do not enter the disregarded entity's EIN.If the LLC is classified as a corporation or partnership,enter the entity's EIN. IF the payment is for... THEN the payment is exempt for... Note.Seethe chart on page 4 for further clarification of name and TIN combinations. Interest and dividend payments All exempt payees except How to get a TIN.If you do not have a TIN,apply for one immediately.To apply for for 7 an SSN,get Form SS-5,Application for a Social Security Card,from your local SSA office or get this form online at wvvwssa.gov.You may also get this form by calling Broker transactions Exempt payees 1 through 4 and 6 1-800-772-1213. Use Form W-7,Application for IRS Individual Taxpayer through 11 and all C corporations. S Identification Number,to apply for an ITIN,or Form SS-4,Application for Employer corporations must not enter an exempt Identification Number,to apply for an EIN.You can apply for an EIN online by payee code because they are exempt accessing the IRS website at www.irs.gov/businesses and clicking on Employer only for sales of noncovered securities Identification Number(EIN)under Starting a Business.You can get Forms W-7 and acquired prior to 2012. SS-4 from the IRS by visiting IRS.gov or by calling 1-800-TAX-FORM (1-800-829-3676). Barter exchange transactions and Exempt payees 1 through 4 If you are asked to complete Form W-9 but do not have a TIN,apply for a TIN patronage dividends and write"Applied For'in the space for the TIN,sign and date the form,and give it Payments over$600 required to be Generally,exempt payees to the requester.For interest and dividend payments,and certain payments made reported and direct sales over o be 1 Generally, h 5Z with respect to readily tradable instruments,generally you will have 60 days to get p g a TIN and give it to the requester before you are subject to backup withholding on payments.The 60-day rule does not apply to other types of payments.You will be Payments made in settlement of Exempt payees 1 through 4 subject to backup withholding on all such payments until you provide your TIN to payment card or third party network the requester. transactions Note.Entering"Applied For'means that you have already applied for a TIN or that 1 See Form 1099-MISC,Miscellaneous Income,and its instructions. you intend to apply for one soon. Caution:A disregarded U.S.entity that has a foreign owner must use the appropriate Form W-8. Form W-9(Rev. 12-2014) Page 4 Part II. Certification 3You must show your individual name and you may also enter your business or DBA name on the"Business name/disregarded entity"name line.You may use either your SSN or EIN(if you To establish to the withholding agent that you are a U.S.person,or resident alien, have one),but the IRS encourages you to use your SSN. sign Form W-9.You may be requested to sign by the withholding agent even if 4 items 1,4,or 5 below indicate otherwise. List first and circle the name of the trust,estate,or pension trust.(Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account For a joint account,only the person whose TIN is shown in Part I should sign title.)Also see Specialrules for partnershipson page 2. (when required).In the case of a disregarded entity,the person identified on line 1 *Note.Grantor also must provide a Form W-9 to trustee of trust. must sign.Exempt payees,see Exempt payee code earlier. Note. If no name is circled when more than one name is listed,the number will be Signature requirements.Complete the certification as indicated in items 1 considered to be that of the first name listed. through 5 below. Secure Your Tax Records from Identity Theft 1.Interest,dividend,and barter exchange accounts opened before 1984 and broker accounts considered active during 1983.You must give your Identity theft occurs when someone uses your personal information such as your correct TIN,but you do not have to sign the certification. name,SSN,or other identifying information,without your permission,to commit 2.Interest,dividend,broker,and barter exchange accounts opened after fraud or other crimes.An identity thief may use your SSN to get a job or may file a 1983 and broker accounts considered inactive during 1983.You must sign the tax return using your SSN to receive a refund. certification or backup withholding will apply.If you are subject to backup To reduce your risk: withholding and you are merely providing your correct TIN to the requester,you -Protect your SSN, must cross out item 2 in the certification before signing the form. -Ensure your employer is protecting your SSN,and 3.Real estate transactions.You must sign the certification.You may cross out item 2 of the certification. -Be careful when choosing a tax preparer. 4.Other payments.You must give your correct TIN,but you do not have to sign If your tax records are affected by identity theft and you receive a notice from the certification unless you have been notified that you have previously given an the IRS,respond right away to the name and phone number printed on the IRS incorrect TIN."Other payments" include payments made in the course of the notice or letter. requester's trade or business for rents,royalties,goods(other than bills for If your tax records are not currently affected by identity theft but you think you merchandise),medical and health care services(including payments to are at risk due to a lost or stolen purse or wallet,questionable credit card activity corporations),payments to a nonemployee for services,payments made in or credit report,contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit settlement of payment card and third party network transactions,payments to Form 14039. certain fishing boat crew members and fishermen,and gross proceeds paid to attorneys(including payments to corporations). For more information,see Publication 4535,Identity Theft Prevention and Victim Assistance. 5.Mortgage interest paid by you,acquisition or abandonment of secured property,cancellation of debt,qualified tuition program payments(under Victims of identity theft who are experiencing economic harm or a system section 529),IRA,Coverdell ESA,Archer MSA or HSA contributions or problem,or are seeking help in resolving tax problems that have not been resolved distributions,and pension distributions.You must give your correct TIN,but you through normal channels,may be eligible for Taxpayer Advocate Service(TAS) do not have to sign the certification. assistance.You can reach TAS by calling the TAS toll-free case intake line at 1-877-777-4778 orTTY/TDD 1-800-829-4059. What Name and Number To Give the Requester Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business For this type of account: Give name and SSN of: emails and websites.The most common act is sending an email to a user falsely 1.Individual The individual claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. 2.Two or more individuals(joint The actual owner of the account or, account) if combined funds,the first The IRS does not initiate contacts with taxpayers via emails.Also,the IRS does individual on the account' not request personal detailed information through email or ask taxpayers for the PIN numbers,passwords,or similar secret access information for their credit card, 3.Custodian account of a minor The minor bank,or other financial accounts. (Uniform Gift to Minors Act) If you receive an unsolicited email claiming to be from the IRS,forward this 4.a.The usual revocable savings The grantor-trustee' message to phishing@irs.gov.You may also report misuse of the IRS name,logo, trust(grantor is also trustee) or other IRS property to the Treasury Inspector Generalfor Tax Administration b.So-called trust account that is The actual owner' (TIGTA)at 1-800-366-4484. You can forward suspicious emails to the Federal not a legal or valid trust under Trade Commission at:spam@uce.gov or contact them at www.ftc.gov/idtheft or state law 1-877-IDTHEFT(1-877-438-4338). 5.Sole proprietorship or disregarded The owner' Visit IRS.gov to learn more about identity theft and how to reduce your risk. entity owned by an individual 6.Grantor trust filing under Optional The grantor* Privacy Act Notice Form 1099 Filing Method 1 (see Regulations section 1.671-4(b)(2)(i) Section 6109 of the Internal Revenue Code requires you to provide your correct TIN (A)) to persons(including federal agencies)who are required to file information returns with the IRS to report interest,dividends,or certain other income paid to you; For this type of account: Give name and EIN of: mortgage interest you paid;the acquisition or abandonment of secured property; 7.Disregarded entity not owned by an The owner the cancellation of debt;or contributions you made to an IRA,Archer MSA,or HSA. individual The person collecting this form uses the information on the form to file information 8.A valid trust,estate,or pension trust Legal entity' returns with the IRS,reporting the above information.Routine uses of this information include giving it to the Department of Justice for civil and criminal 9.Corporation or LLC electing The corporation litigation and to cities,states,the District of Columbia,and U.S.commonwealths corporate status on Form 8832 or and possessions for use in administering their laws.The information also may be Form 2553 disclosed to other countries under a treaty,to federal and state agencies to enforce 10.Association,club,religious, The organization civil and criminal laws,or to federal law enforcement and intelligence agencies to charitable,educational,or other tax- combat terrorism.You must provide your TIN whether or not you are required to file exempt organization a tax return.Under section 3406,payers must generally withhold a percentage of taxable interest,dividend,and certain other payments to a payee who does not 11.Partnership or multi-member LLC The partnership give a TIN to the payer.Certain penalties may also apply for providing false or 12.A broker or registered nominee The broker or nominee fraudulent information. 13.Account with the Department of The public entity Agriculture in the name of a public entity(such as a state or local government,school district, or prison)that receives agricultural program payments 14.Grantor trust filing under the Form The trust 1041 Filing Method or the Optional Form 1099 Filing Method 2(see Regulations section 1.671-4(b)(2)(i) (B)) List first and circle the name of the person whose number you furnish.If only one person on a joint account has an SSN,that person's number must be furnished. 2 Circle the minor's name and furnish the minor's SSN. Fft C`( '; UNBEACH,l {CRA Vendor ID: COMMUNffY REDEVELOPMENT A Office use only Vendor Application • Submit a current W-9 with application The CRA's Vendor List is updated periodically. An updated W-9 is required whenever there is a change in address, and must be submitted to the CRA Finance Department. Phone number is 561-600-9092 or 561-600-9095. All the *fields are required Apply Date* Federal ID#* Company Type* ❑Corporation ❑ Individual/Sole Proprietor ❑ Joint Venture ❑ LLC ❑ Partnership/Limited Partnership ❑ Non Profit* Company Name* D.B.A Email Address* Address* Suite/Unit# City* State/Province* Zip Code* Phone No_ Ext. Fax# Contact Person* Title Mobile# ❑ Check this box if the Billing Address is same as Company Address. Otherwise please complete the following: Address* Suite/Unit# City* State/Province* Zip Code* Phone No_ Ext. Fax# Contact Person* Title Mobile# Principal line of business: PLEASE NOTE:THE STATE OF FLORIDA HAS A BROAD PUBLIC RECORDS LAW.ALL RECORDS OF THE STATE OR POLITICAL SUBDIVISIONS OF THE STATE ARE OPEN FOR PUBLIC INSPECTION AND COPYING,SUBJECT TO CERTAIN STATUTORY EXEMPTIONS. IF YOU CHOOSE TO PROVIDE PERSONAL INFORMATION SUCH AS YOUR NAME, EMAIL ADDRESS,PHONE NUMBER(S),ADDRESS OR ANY OTHER PERSONAL INFORMATION IN THIS CONTACT FORM OR OTHER FORM ON THIS SITE,UNLESS EXEMPTED BY FLORIDA STATUTES,THIS INFORMATION IS A PUBLIC RECORD UNDER FLORIDA'S GOVERNMENT IN THE SUNSHINE LAWS AND IS AVAILABLE FOR PUBLIC INSPECTION UPON REQUEST.IF YOU DO NOT WANT THIS INFORMATION RELEASED IN RESPONSE TO A PUBLIC RECORDS REQUEST,PLEASE DO NOT SUBMIT THIS INFORMATION.IF YOU HAVE QUESTIONS ABOUT OUR WEBSITE'S PRIVACY POLICIES,PLEASE CONTACT US AT 561-600-9092 or 561-600-9095. 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The Boynton Beach CRA is excited to inform _ you about our Social Media Outreach Program! Our - • • - - • goal is to helpbusinesses within e CRA Districtestablish li e presence. The best ? is - •completely ! Renee ers, Social Media & Communications Specialist, is here to teach you the tools you need successfully market your business on social media ' and online platforms. This program aims to helpbusiness owners manage and learn how to utilize social media pages. We offer a range of services, from starting business accounts, building ad campaigns for events to special promotions, or posting day to day activity and products. tact us today to getstarted! INFORMATION:CONTACT • • . Name: • . • s Business: Email: Phone: ! �, � \ » . . � \ . �« �» >\ . § : (�_\��a=�� . � :_ «- . - �_.�2�±���J�»� � ° 7/ ® � .���������� : , <�\ �K-�\ � \ \� - ©��� »\\��� - � � .- . .—. , � - . w � �. . - \ /�/� d� ` �< ._\« © -: < « . r ? , /\�? \ .. � � \ \\ \\: � \d\ I � ^ 2\ ^,� \ \�/ ` ` ® -- d\�/\- �\\ \ �. y : > - _ » : x « I» - - \? � ` ° �� a . : : : : : , \ l — ani Uy Y 1 a 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: July 13, 2021 NEW BUSINESS AGENDAITEM: 17.A. SUBJECT: Discussion and Consideration of the Purchase of the Properties Located at 511, 515 and 529 E. Ocean Avenue SUMMARY: The CRA Board has been discussing the possible redevelopment CRA owned 115 N. Federal Highway site since receiving the first Letter of Interest (LO I) in August 2020. During that time, there were appraisals performed and inquiries made to the each of the adjacent private property owners and their interest in becoming part of a future redevelopment project or perhaps their interest in selling their property to the Agency to be included in a future redevelopment project. Subsequent to the June 9, 2021, CRA Board meeting, at the direction of a CRA Board member, staff contacted the owners of the properties located at 511, 515 and 529 E. Ocean Avenue to discuss their renewed interest in selling their parcel to the CRA(see Attachment 1). The property consists of 17,903 square feet (SF), or 0.41 acres. The three buildings range in construction periods from 1922 to 1958 and have an effective total size of 17,201 leasable SF. The CRA had an appraisal performed with the cooperation of the owners in October 2020 with a market value $3,400,000 (see Attachment 11). The owners, 500 Ocean Properties, LLC, exchanged emails with CRA staff to gauge their interest and attempt to negotiate the basic sales terms. It was staffs intention to limit the negotiation to a price and the Board's interest in purchasing the property before going into any details concerning the current leases or the future of the property (see Attachment I11). 500 Ocean Properties responded to staff by explaining that they would agree to a purchase price of $3,600,000 providing that all other terms and conditions associated with an agreement were satisfactory. It would be the CRA Board's decision whether or not consider acquisition of the properties at the sales price and to direct staff continue to negotiate the remaining items to be included in a future Purchase and Sales Agreement to be presented to the Board at a later date for their consideration. FISCAL IMPACT: To be determined. CRA PLAN/PROJ ECT/PROGRAM: Boynton Beach CRA's Community Redevelopment Plan CRA BOARD OPTIONS: 1. Agree to the sales price of $3,600,000 for the purchase of 511, 515 and 529 E. Ocean Avenue contingent upon approval of all other terms and conditions of a contract to be presented to the Board at a future date. 2. Offer a different sales price for the purchase of 511, 515 and 529 E. Ocean Avenue contingent upon approval of all other terms and conditions of a contract to be presented to the Board at a future date. 3. Do not agree to the sales price of $3,600,000 for the purchase of 511, 515 and 529 E. Ocean Avenue and terminate negotiations with the property owners. ATTACHMENTS: Description D Attachment I -Aerial Map of Parcels D Attachment II -October 2020 -Appraisal D Attachment III - Email Negotiations 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 m 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 APPRAISAL REPORT (APPRAISER FILE: 20-1819) s. n ' ,����141}s} I� t 3 z a c nY; r np MIXED—USE PROPERTY OCEAN AVE MIXED—USE CENTER 511-529 E OCEAN AVE BOYNTON BEACH, FLORIDA FOR BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BOYNTON BEACH, FL AS OF OCTOBER 26, 2020 APPRAISERS&CONSULTANTS AUCAMP S APPRAISERS&CONSULTANTS November 4, 2020 Mr. Michael Simon Director Boynton Beach Community Redevelopment Agency 710 N Federal Highway Boynton Beach, FL 33435 RE: Appraisal of Real Property Mixed-Use Property Ocean Ave Mixed-Use Center 511-529 E Ocean Ave Boynton Beach, Florida 33435 (Appraiser File: 20-1819) Dear Mr. Simon: As you requested, we made the necessary investigation and analysis to form an opinion of value for the above referenced real property. This report is an appraisal of the property. To assist Boynton Beach Community Redevelopment Agency in assistance related to business decisions regarding this property, this appraisal provides an estimate of market value for the leased fee interest in the subject real property in its "as is" condition. This report is written in APPRAISAL REPORT format. No other party may use or rely on this report for any purpose. This appraisal assignment and report have been prepared in accordance with requirements of the Uniform Standards of Professional Appraisal Practice (USPAP) developed by the Appraisal Standards Board of the Appraisal Foundation, with the appraisal requirements of Title XI of the Federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), with the Interagency Appraisal and Evaluation Guidelines of 2010, with the Appraisal Institute's Code of Professional Ethics and Standards of Professional Appraisal Practice, and with requirements of the State of Florida for state-certified general real estate appraisers. The subject is located along the north side of E Ocean Ave within the downtown area of Boynton Beach, Palm Beach County, Florida. The site consists of three adjacent parcels totaling 17,903 square feet (SF), or 0.41 acres. Between 1922 and 1958, the subject was improved with three buildings. The buildings have an effective total size of 17,201 SF (leasable) and is utilized as a retail/office/residential strip center. The first floor consists of mainly retail and office uses with additional offices and residential units on the second floor. The property consists of about 84% retail/office space and 16% residential space. The subject's quality of materials is rated as average to good, the improvements have been maintained in average to good condition. The subject is currently 76% occupied by multiple tenants, inclusive of the owner's space. The vacant space consists of one 1St floor retail/office bay consisting of 4,104 SF. igoo NW CORPORATE BOULEVARD, SUITE 215E, BOCA RATON, FLORIDA 33431 561-998-9326, FAX 561-241-4759 Mr. Michael Simon November 4, 2020 The subject leases have varied expiration over the next two years, with a weighted average remaining lease term just less than 1 year. Most of the leases are 1-year leases and-or expire within the next year. The owner occupies about 27% of the total building. The owner intends to gut renovate the vacant bay, update the electric and plumbing, and subdivide the space into 5 or 6 bays, at a reported cost of$290,000. Upon completion, the space will be considered a "white box." The broader area is attractive for redevelopment of an intense residential-focused mixed-use project, likely in conjunction with surrounding parcels. In fact, a local developer has submitted an unsolicited LOI (Letter of Intent) to the Boynton Beach CRA for redevelopment of an adjacent site in conjunction with surrounding parcels. The subject does not appear to be listed for sale on the open market, nor is it reported to be encumbered by a purchase and sale agreement. The three adjacent parcels are considered as one economic asset herein. This is due to the close proximity of the three parcels, a historical review of sales in similar areas, consideration of the buyer pool, and discussion with market participants. Therefore, no deductions are necessary for a single purchaser, as the most probable purchaser would purchase and retain the entire asset. On Friday, March 13, 2020, President Trump declared a National Emergency concerning the Novel Coronavirus Disease (COVID-19). The World Health Organization declared the outbreak of this virus to be a pandemic. Global financial conditions have been significantly affected. We have completed this appraisal report as this situation is unfolding, and the effects on the economy and the real estate markets have yet to be fully understood. We have incorporated this feature using the best available information as of the date of this report. A further discussion regarding this unfolding event is found near the beginning of the Market section and before the SWOT analysis. This report is contingent upon the following extraordinary assumptions: The uninspected units have similar condition and quality to the inspected units. The proposed improvements are completed according to the description and timeline herein. AUCAMP, DELLENBACKI 3 File 20-1819 Mr. Michael Simon November 4, 2020 After careful and thorough investigation and analysis, we estimate market value for the leased fee interest in the subject real property in its "as is" condition, subject to assumptions and contingent and limiting conditions as well as any extraordinary assumptions and hypothetical conditions, as explained in this report, as of October 26, 2020, is: THREE MILLION FOUR HUNDRED THOUSAND DOLLARS ($3,400,000) Aucamp Dellenback & Whitney has not performed services concerning this property during the past three years. Thank you for this opportunity to assist in meeting your appraisal needs. Respectfully submitted, AUCAMP, DELLENBACK&WHITNEY Andrew Sperling State-certified General Real Estate Appraiser RZ4177 andrew(a-)adw-appraisers.com Jon than Whitney, MAI State-certified General Real Estate Appraiser RZ2943 ion(a-)adw-appraisers.com AUCAMP, DELLENBACKI 4 File 20-1819 TABLE OF CONTENTS TABLE OF CONTENTS PART 1: INTRODUCTION 1 TITLE PAGE 1 LETTER OF TRANSMITTAL 2 TABLE OF CONTENTS 5 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS 6 LOCATION MAP 8 SUBJECT PHOTOGRAPHS 9 SCOPE OF WORK 22 PART 2: DESCRIPTIONS, ANALYSES, AND VALUE CONCLUSIONS 25 MUNICIPALITY 25 NEIGHBORHOOD 27 MARKET 31 SUBJECT PROPERTY 41 HIGHEST AND BEST USE 51 VALUATION PROCESS 53 SALES COMPARISON APPROACH 54 INCOME CAPITALIZATION APPROACH 71 RECONCILIATION AND FINAL VALUE CONCLUSIONS 86 NORMAL MARKETING PERIOD AND REASONABLE EXPOSURE TIME 87 PART 3: ADDENDUM 88 CERTIFICATION 88 CONTINGENTAND LIMITING CONDITIONS 90 HYPOTHETICAL CONDITIONS AND EXTRAORDINARY ASSUMPTIONS 93 DEFINITIONS 94 AREA DESCRIPTION AND ANALYSIS 98 ENGAGEMENT LETTER 104 APPRAISER QUALIFICATIONS AND LICENSE 107 AUCAMP, DELLENBACKI 5 File 20-1819 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS REPORT TYPE Appraisal Report PROPERTY TYPE Mixed-use property LOCATION 511-529 E Ocean Ave, Boynton Beach, Florida 33435 REPORT DATE November 4, 2020 VALUATION DATE October 26, 2020 INTENDED USER Boynton Beach Community Redevelopment Agency INTENDED USE To assist in assistance related to business decisions regarding this property SITE Three adjacent parcels totaling 17,903 SF or 0.41 acres IMPROVEMENTS Between 1922 and 1958, the subject was improved with three buildings which function as one economic unit. The buildings have an effective total size of 17,201 SF (leasable) and is utilized as a retail/office/residential strip center. The first floor consists of mainly retail and office uses with additional offices and residential units on the second floor. OCCUPANCY 76% by multiple tenants ZONING Central Business District (CBD) by the City of Boynton Beach CENSUS TRACT 0062.01 FLOOD ZONE X, flood insurance is typically not required in this zone NORMAL MARKETING PERIOD Twelve months or less REASONABLE EXPOSURE TIME Twelve months or less ASSIGNMENT OVERVIEW The subject is an attractive property for an investor. The sales comparison approach and the income capitalization approach provide the most useful indications of market value. AUCAMP, DELLENBACKI 6 File 20-1819 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS HIGHEST AND BEST USE As Vacant: Immediate development of an intense, urban residential-focused mixed-use project, likely involving adjacent uses As Improved: Continued retail/office use of the existing improvements for multiple occupants VALUE INDICATIONS Cost N/A N/A Sales Comparison $3,460,000 $201 Income Capitalization $3,340,000 194 Market Value Conclusion $3,400,000 $198 AUCAMP, DELLENBACKI 7 File 20-1819 LOCATION MAP LOCATION MAP Laky Placid ? PortSt Lucie Okeechobee Ii, Stuart. auckhead<Ridge � w Ringhton t tuck,cw'€eye � Hobe Soured L R. w Indtantowvn U upiter - � Pz 1 °;beach Moore Have€^i Pahokaa 6r �ens Lal�ell ' taxa , Clewiston raa" Riviera beach _. Uate t PaIrri,l§eaih Balli Made Royal Palm Heath b SE SUBJECT es. La ke(`Worth' Arthur R. ynf Beath l o an trn,� Delrar`y each Irnr okalee Pv;.ghnr'ei rn7 rk_ `. . ' seas rel t&a Raton �C� X Bing cypress A {3fa� � V lrl(�S{tle beerfield each Pgmpp'no each Tamarac � ;� 'Lauderdale Lakes e, Flu , r c art P antatiorx a�ea�r5 ra a R. Rv�el � X,��iti� €a � r pity ®�ateLaeata` H011" "00 r �r �rrtrAi�a " l_ i Oltra na�f Hallandale Beach W9 Cyp vss Natonm Nese ee mirth Miami beach €� ", ..'� [� a ) Caro pity lentHlaleah Yomweri Cana' Tarrluam l Tmill tr, Ciora1 Gablle's (Kendall 874), Cutler Ridge B4001011? p azt fT hlomeste� d nark: 55w 80 '510s'bm bd16gjgde,Nat coal Park �:�a� r arae l t eS vee P date''L�ra't ,� L• c Lake seorgtaake y Largo AUCAMP, DELLENBACKI 8 File 20-1819 SUBJECT PHOTOGRAPHS SUBJECT PHOTOGRAPHS 1 n<a N i R9 " 3, Tk' GUAM t L). _ t s i t n � 54 r, �i i fi i i r "" P ffir f Bird's eye view of subject (outlined) facing subject's south elevation (surrounding area is proposed for redevelopment) AUCAMP, DELLENBACKI 9 File 20-1819 SUBJECT PHOTOGRAPHS d{ NI s Facing subject from E Ocean Ave (south and east elevations shown) _ x a S ' d West and south elevations shown AUCAMP, DELLENBACKI 10 File 20-1819 SUBJECT PHOTOGRAPHS � I srm it 1 yJ ,lisle, Facing subject from rear public alley (north and west elevations shown) is 7 (i{rt 1 t b I 7 { ➢e �h i nt Sk t Rear of Hurricane Alley restaurant bldg AUCAMP, DELLENBACKI 11 File 20-1819 SUBJECT PHOTOGRAPHS r y � I �>v r F= Facing east along E Ocean Ave with subject on the left t' 4' }t I� }. i r S Ik) ylry Facing east along rear alley with subject on the right AUCAMP, DELLENBACKI 12 File 20-1819 SUBJECT PHOTOGRAPHS r } rr A[ ii7lt i � i t{i I r a ' t s z rr t ss r#y�ii td 511 E Ocean: Owner's suite — Reception /open work area do y � 511 E Ocean: Owner's suite— Lobby AUCAMP, DELLENBACKI 13 File 20-1819 SUBJECT PHOTOGRAPHS y ' t ty , f � � a� 1 a� 511 E Ocean: Owner's suite —Typical private office J � > { s_ L; 511 E Ocean: Owner's suite— Open work area AUCAMP, DELLENBACKI 14 File 20-1819 SUBJECT PHOTOGRAPHS _— t 4 � s r 44�`��7�L 1l Ei'slt 4 f i17 7 i tri rt 1 v44}t. 511 E Ocean: Owner's suite— Kitchen / Breakroom ,,`XA A 41,1 l }} t S �11yf i �' VS 511 E Ocean: Owner's suite— Rear storage area AUCAMP, DELLENBACKI 15 File 20-1819 SUBJECT PHOTOGRAPHS ,t'- "rI - tttti s}�r 44 � f 511 E Ocean: Owner's suite-Typical restroom I) t oil � a �F 511 E Ocean: 2nd floor 2-bedroom unit AUCAMP, DELLENBACKI 16 File 20-1819 SUBJECT PHOTOGRAPHS i V I 511 E Ocean: 2nd floor 1-bedroom unit— Bedroom {.. ((rykl (f 1 S�1 Y S 4y f 511 E Ocean: 2nd floor 1-bedroom unit— Kitchen area AUCAMP, DELLENBACKI 17 File 20-1819 SUBJECT PHOTOGRAPHS N wj iyE�i a. 511 E Ocean: 2nd floor 1-bedroom unit— Bathroom i r �f 515 E Ocean: Vacant retail/office space — Interior hallway AUCAMP, DELLENBACKI 18 File 20-1819 SUBJECT PHOTOGRAPHS I,`PKI un � 515 E Ocean: Vacant retail/office space —Open work area A 7 529 E Ocean: Hurricane Alley— Bar area AUCAMP, DELLENBACKI 19 File 20-1819 SUBJECT PHOTOGRAPHS � r 11 �� rri z � fi Irl y J d'. 1 529 E Ocean: Hurricane Alley—Seating area joN� 529 E Ocean: 2nd floor office area—Common area AUCAMP, DELLENBACKI 20 File 20-1819 SUBJECT PHOTOGRAPHS 1 t R- f � \ t } �f- igitS., ��' 4• 3j2 ' 1 529 E Ocean: 2nd floor office area—Common area breakroom AUCAMP, DELLENBACKI 21 File 20-1819 SCOPE OF WORK SCOPE OF WORK Appraisal Purpose: To estimate market value in "as is" condition Interest Appraised: Leased fee interest Client: Boynton Beach Community Redevelopment Agency Intended User: Boynton Beach Community Redevelopment Agency. No other party may use or rely on this report for any purpose. Intended Use: To assist in assistance related to business decisions regarding this property Report Format: Appraisal Report Inspection Date: October 26, 2020 Effective Date: October 26, 2020 Report Date: November 4, 2020 Competency Rule: We had the knowledge and experience necessary to complete this assignment competently at the time of its acceptance Definitions: Shown in the addendum of this report Hypothetical None Conditions: Extraordinary The uninspected units have similar condition and quality to the inspected Assumptions: units. The proposed improvements are completed according to the description and timeline herein. Valuation Approaches: The sales comparison approach provides an estimate of market value based on an analysis of comparable property sales. The income capitalization approach provides an estimate of market value based on direct capitalization of net operating income. Appraisers: Andrew Sperling inspected the readily accessible areas of the subject site and improvements, performed the research and analysis, and wrote this report. Jonathan Whitney also inspected the site, discussed the assignment with this appraiser throughout the process and reviewed this final report. Other: Prudent and competent management is assumed AUCAMP, DELLENBACKI 22 File 20-1819 SCOPE OF WORK Subject Property Name: Ocean Ave Mixed-Use Center Address: 511-529 E Ocean Ave, Boynton Beach, Florida 33435 Location: The subject is located along the north side of E Ocean Ave within the municipality of Boynton Beach, Palm Beach County, Florida Legal Description: Shown on the following page (source: Warranty Deed) Current Owner: 500 OCEAN PROPERTIES LLC (source: Palm Beach County Property Appraiser records). A title search was not performed as part of this assignment as that is outside the scope of work. Ownership History: The subject has not sold during the prior three years. No other arm's length transactions have occurred in the three years prior to the valuation date (effective date). The subject does not appear to be listed for sale on the open market, nor is it reportedly encumbered by a purchase and sale agreement. Items Received: The following items were provided by Christian Macoviak, a representative of the owner: • Verbal rental rates • Leases for office tenants • Planned Capital Expenditures • 2018/2019 Operating Expenses • Information about the subject property Interviews: We interviewed Christian Macoviak, a representative of the property owner, regarding the subject property. AUCAMP, DELLENBACKI 23 File 20-1819 SCOPE OF WORK Market Data Sources: CoStar Realty (subscription service), LoopNet.com (subscription service), Multiple Listing Service (subscription service), PwC Real Estate Investor Survey (subscription service), published reports from national brokerage firms, RealQuest (subscription service), Site-To-Do-Business (subscription service), Floodmaps.com (subscription service), RealtyRates.com (subscription service), Marshall Valuation Service (subscription service), local county property appraiser's records (public records), Circuit Court recordings (public records), and appraisal files in this office Types of Data: Retail/office sales and listings, rental rates for retail/office/residential units, occupancies, operating expenses, and investment rates, as well as construction cost data Geographic Area: Primary: Boynton Beach; secondary: Palm Beach County; tertiary: South Florida Verification: Sales and rental rates were verified by a party to each transaction, unless otherwise noted LEGAL DESCRIPTION (ENTIRE PROPERTY) Lot. 10, Less thy: o th 9 feet thereof,, rid the West 7 feet inches of Lot 1 I„ Less the South 8 feet thereof, Block 6, BOYNTON, according to the plat thereof, as recorded in Plat Boob 1, Page 23, of the Public Records of Palm Beach County, Florida. And The East 42 feet 4 inches of Lot 11, Less the South 8 feet thereof, In Block 6, BOYNTO 1, according to the plat thereof, as recorded in Plat Book 1, Pa ge '2 , of the Public Records of Palm Beach County, Florida, And 0 % t 1 , Block 6, ORIGINAL TOWN OF BO TON, according to the plat 3theWof. recoMW in Plat Boob I, Pae 23, of the PubficRecords of Palm Keach ty, Florida- q, Is AUCAMP, DELLENBACKI 24 File 20-1819 PART 2: DESCRIPTIONS, ANALYSES, AND VALUE CONCLUSIONS The subject's municipality is described in the following pages. The Addendum contains an Area Description and Analysis of the state, South Florida, and Palm Beach County. MUNICIPALITY The City of Boynton Beach is located in southeastern Palm Beach County along the coastline of the Atlantic Ocean. The City was originally founded in the early 1900s and experienced tremendous growth between the 1950s and the 1980s. The city is nearly built-out with only infill sites remaining for development; redevelopment of some older properties has occurred during the past 10 years. Boynton Beach currently has roughly 65,000 residents. The City Limits encompass roughly 16.4 square miles, and the city is the third largest in Palm Beach County behind West Palm Beach and Boca Raton. The automobile is the primary mode of transportation in the city. The city has a grid-like pattern to its roads. Major north-south roadways are Federal Highway, Interstate 95 and Congress Ave. Major east-west roadways are Woolbright Rd, Boynton Beach Blvd and Gateway Blvd. Each of these east-west roads intersect with 1-95. Transportation linkages are good. The most intensive uses within the city are permitted in the downtown area near the corner of Federal Hwy and Boynton Beach Blvd (AKA 2nd Ave). This downtown area has historically been a small low-rise area with limited commercial uses; new development has primarily consisted of a couple of residentially-focused high-rise buildings. The Congress Ave corridor, located west of 1-95, is a major retail corridor in the region, anchored by the enclosed Boynton Beach Mall and open-air Renaissance Center. Substantial new commercial and residential development has occurred over the past 15 years in this area, consisting of low- to mid-rise office, retail and residential buildings. Boynton Beach has close proximity to a few high-end communities, such as Gulf Stream and Ocean Ridge. Primary employment centers in the region consist of Boca Raton to the south and West Palm Beach to the north. However, pockets of employment centers are located throughout the South Florida region. For instance, a large light industrial park, Quantum Corporate Park, is located in northern Boynton Beach near Gateway Blvd and 1-95. Adequate recreational and institutional uses are located in the city or nearby. Several beaches are open to the public north and south of Boynton Beach Blvd. The 401-room Bethesda Memorial Hospital serves the Boynton Beach community. The long-term sustainability of Boynton Beach is aided by continued long-term in-migration to the region and proximity to employment centers and recreational amenities. AUCAMP, DELLENBACKI 25 File 20-1819 MUNICIPALITY MUNICIPALITIES MAP rfiltasaea an a..... _ i (iii # (il4t RM1 r � I. l 1. li, 1 ��££ i�}!'S�i,l��Y ��S j(1 ��{t t���pai Y����(i�+•3'(�pa�t1.R'8 [, 4 Irl z I s tl}� t lift r �r(�Il l��t}ilt � t££'1 Ott I:tlt til � 111 l 1 i� \\ p(tis lA� IIV'�it! 111tss lw slAl sr nme r 0�lYisrliq SUBJECT ;�lia ���� l$t�]j17E�U1�7� Ei3G�4 tl3 1iY 111 U£ean f�19F _t��'� I , I Y Yet f4 1}thl, Y l t Y i Ill iYS 1x- + l i freezes Goff � It i t o ��l ( ill ll}ft}fits £t n 1 s l{l\i {'plrl��s "1'�\£•1�15���1}ti i' 1�iy li)t�(fi�t1��11.��{i\£ ttlt� �1�1}l��5���}�if i�`t�ti t tl£I��i4ilit�l£��� � ,��� � "Gt/�f StD�dFtl, 513 i �s� �i t � � z I � as SI r I f � Alla I a -�:_ + ,yg Atla Yilc rive..-'i` a. Yap Dehay see�ich &� iY�Ave 41 a - G n AUCAMP, DELLENBACKI 26 File 20-1819 NEIGHBORHOOD NEIGHBORHOOD The subject neighborhood is the downtown area of Boynton Beach. This downtown area is the greater area surrounding the intersection of Boynton Beach Blvd and Federal Hwy. The neighborhood is in the revitalization stage of a typical neighborhood life cycle. The primary mode of transportation throughout the neighborhood is the automobile. Boynton Beach Blvd is a four-lane, traffic artery with an interchange with 1-95. Seacrest Boulevard is a collector roadway in the eastern part of the neighborhood. Federal Hwy is the primary north- south thoroughfare. Local streets connect with Boynton Beach Boulevard and Federal Hwy. Overall, the roadway network is good. Most of this neighborhood corridor was developed with single-family homes in the 1940s and 1950s. Some of these buildings have been converted to commercial use by single occupants. Lots are relatively small and most conducive to use by small buildings. The eastern end of the neighborhood was initially developed with some small, low-intensity commercial buildings. The City and the CRA (Community Redevelopment Agency) has been actively encouraging a more intensive downtown over the years. The downtown had a relatively low profile until three major redevelopment projects were completed during recent years. • Marina Village along E Ocean Avenue was completed in 2006 with up to 14 floors of several hundred residential condominium units above 20,000 SF of first floor retail space. • The Promenade along N Federal Highway was completed in 2009 with 14 floors of 323 residential condominium units above 19,000 SF of first floor retail space. The loan note on the unsold inventory of approximately 250 units was sold to a prominent South Florida developer, The Related Group. This buyer subsequently took title in a "friendly foreclosure" and changed the name to Casa Costa. • 500 Ocean is a major new project that completed construction in 2018 with 341 residential units and 20,000 SF of commercial space at the southwest corner of Federal Highway and E Ocean Avenue. Boynton Beach's former City Hall is currently being redeveloped into Boynton Beach Town Square. This 16-acre site along the south side of Boynton Beach Boulevard will consist of a large new municipal and cultural complex. A couple of relatively large vacant parcels in the downtown are available for development. A couple of larger scale developments on underimproved sites have been approved by local users / developers, but have yet to break ground. The following chart shows the demographics for rings surrounding the subject, as well as the demographics for the city, the county and the state. Compared to the county, the immediate area surrounding the subject (one-mile ring) has a lower median household income, a lower median home value, and a lower percentage of owner occupied units. The chart indicates significant projected annual population growth in the immediate area over the next five years. The one-mile radius to the subject has 13,972 residents, which is a rather dense area for largely suburban Palm Beach County. AUCAMP, DELLENBACKI 27 File 20-1819 NEIGHBORHOOD DEMOGRAPHICS AROUND SUBJECT Source:ESRI,2020 figures Population 13,972 67,843 107,346 77,123 1,471,269 21,587,015 Projected Ann. Rate ('20 -'25) 2.21% 1.26% 1.06% 1.27% 1.08% 1.33% Median HH Income $49,595 $55,186 $59,009 $54,233 $63,026 $56,362 Households (HH) 5,709 29,481 46,186 32,834 599,076 8,438,100 Average HH Size 2.44 2.26 2.31 2.32 2.42 2.52 Median Age 43.2 44.8 49.6 44.2 45.9 42.5 Owner Occupied Units 43.1% 50.3% 60.6% 53.2% 59.1% 54.3% Median Home Value $247,331 $228,123 $271,724 $234,128 $303,461 $237,555 AUCAMP, DELLENBACKI 28 File 20-1819 NEIGHBORHOOD AREA MAP 3., °krhk !,i`; I rs civ it ct rs., s rt r �i; !' „ r �.,. ivfilMii tulf,I,Kin,JBmlIle t2 >Un ok Reiach51'usL t S�I�tI 4 }hs t 9\I rk p stft,a<7� �t hr 1 tt t hrF lt,. 1t �t-,ali.,iCf nif h t,�ar 1 4 n,,smlw r SUBJECT g01 j R,� h Vd 8ow nto n Boa el7F lvd The Imn si°s schoollimso r h r 6 Boynton eSCat.1 v f luaref', Boy'i1 Fat I,h l t F Ar r yr � i h y 4, s x F�ti �i2 ttr �0 ,_ �ih i it r Irht ia', Gool,iAF]wu6on €tige it h uaa.ii"Apal 1 in t� f49ar'hr, ( ti 1,51 Pa« F. tlF i !ter 1 Sty r r t hal i Home'l,irir)l l F < r sr i .•tr ii t tU� I t Im men[ 't ihtkyi c c i heHonn ."trot _ .a A „.. ,4rabnion yU�f(,,,,,�. ��m � x),`^ t d irh,.!"w)part ,� ` cl ih- �th dirt'hh 1: Bu u,k t€a.mr i a M 7 thh" h Nc rIh 4l it F"J +:'1.fIh 14Mik lid tl lu�{ 1=A ie�I r' %3Cf C ianiia a�k,.fid ,. i t" ) Hlair ....... 1,) } "vit r r` ', �� 1 �ji l2s to f�tr, � AUCAMP, DELLENBACK&WHITNEY 29 File 20-1819 : • ' on Isle]t 1 ' r �, n 4 wC r t • Pit�. lu K -Bins chtchen SSefvod _ tokeau+�es€ • • � �' and • Ctiarh(3wd • ��xtn,hw�.3��,a.w� �,» ,�`� � �'� u � � 1 7 T e 8oar•wa[k ltal�an j, �� � � � �'{ �t ioikn - t »rti Sed MSt III c ata Ctv .�Wa4enftanf GtlpEv � t - 6�IftEar�ahFG PiaSt�' � 7 4 NAN aY � T kaeN - 69tt9na Boa&i 9x+b5 t YN=ds b bcn+n A 7ekaWY+_(+a3 v i U=;x kae' t 1 fir I t !g SOt't7C N rS 15 '6i5e Ceefer C tax, �d G`a R'an'ce t A14m �7Y k e MARKET MARKET Overview This market section was developed as a result of multiple discussions with market participants, reviewing published reports as well as analyzing trends involving construction prices, sales, rent rates, and occupancies. The South Florida real estate market, consisting of the industrial, commercial and residential markets in Palm Beach County, Broward County and Miami-Dade County, has been quite volatile during the past decade. Nearly all sectors have been experiencing expansion and appreciation in recent years. However, year-over-year price gains experienced over the past few years have slowed as of late, generally speaking. Until recently, the Gross Domestic Product (GDP) for the United States had been on a slow year-over-year percentage increase for several years. Unemployment had been on a slow, steady decline in recent years and was reported to be hovering around 4.0% before recently jumping upward. Interest rates had been and continue to be at historic lows. Positive economic evidence led the Federal Reserve to increase the federal funds rate throughout 2018. However, midway through 2019, as a result of various trade wars and global political uncertainty, the Federal Reserve actually began to cut the rate. In early 2020, the Federal Reserve further cut the rate in response to mounting global economic uncertainty related to COVID-19. COVI D-19: The unfolding COVID-19 pandemic is currently impacting global real estate markets. Starting in March 2020, various local, state and federal authorities have ordered the closure of non- essential businesses, including most retail stores (but not grocery stores). Most office workers are asked or ordered to work from home. Some areas, including South Florida, have government imposed "stay-at-home" orders outside of fulfilling essential and critical tasks. As a result, most market participants report a pause on executing most new lease and sale transactions. Some market participants are expected a coming surge in retail defaults due to the closures. Most under construction development is still occurring, though developers are considering halting projects which have yet to commence. However, some businesses are greatly benefitting from the quick change of consumer habits. The market has seen a surge of new e-commerce activity, causing a need for new warehouse space in dense areas. Some businesses which provide select critical needs, services, and products have experienced increased demand. And, some market participants report the low interest rate environment is very desirable for getting new deals accomplished for less affected businesses. The fundamentals of the real estate markets were quite strong prior to the disruption from COVID-19 and the associated governmental imposed restrictions. Overall, whether the effects of this unfolding pandemic in the real estate markets is short term or long term remains to be fully understood at this point in time. We are likely to see every real estate sector affected, but not all similar fashion. Again, this is an unfolding event with imperfect data available at this time. This appraisal report captures the currently available data and the market's initial response to this situation. AUCAMP, DELLENBACKI 31 File 20-1819 MARKET Office Market Primary office markets in Palm Beach County (defined by a large concentration of office uses, tenancy, highest prices and highest rents) include Palm Beach Gardens, West Palm Beach, and Boca Raton. Also, numerous office buildings are located along arterial roads throughout the county and in small commerce parks. And, pockets of office buildings are clustered around higher-income communities, hospitals, transportation linkages, and smaller downtowns. The local office market had been generally improving, prior to the pandemic. The following chart shows office sales in South Florida. The price per square foot shows year-over-year increases, though the sales volume for 2016 was the highest in recent years. The months to sale is similar to the marketing time and has been around 10 months for several years. Prices for similar property in the subject's local market are generally below median price levels for South Florida. SOUTH FLORIDA OFFICE PROPERTY SALES Source:Compiled from Costar 2009 184 $363,715,997 $161 9.7 2010 206 $1,055,176,345 $153 -5% 10.7 2011 307 $1,608,394,252 $120 -22% 12.5 2012 412 $1,214,482,440 $122 2% 14.0 2013 441 $1,901,391,681 $140 15% 15.8 2014 478 $3,223,739,127 $155 11% 14.9 2015 546 $3,434,270,474 $179 15% 13.6 2016 482 $4,030,394,791 $188 5% 12.6 2017 455 $2,906,548,650 $190 1% 10.4 2018 487 $2,900,385,269 $208 9% 10.4 2019 420 $2,374,687,175 $211 1% 9.9 According to CoStar, the Palm Beach County office market contains 57,100,000 SF. • The average asking office rent in the county is currently $35.21/SF gross. This rent rate has increased by 3.8% from the 41h quarter of 2019 to the 41h quarter of 2020. The annual rental rate growth was exceeding 5.0% in recent years, but the growth rate has been reducing in recent years. • The vacancy rate in the county increased from 9.4% to 11.0% from the 41h quarter of 2019 to the 41h quarter of 2020. The vacancy rate had been steadily decreasing in recent years. The subject is located within the Boynton/Lantana submarket. • The asking rent in the submarket is currently $31.36/SF gross, which is less than the county. Asking rental rates within the subject's submarket have increased by about 4.9% over the past year. • The vacancy rate in this submarket increased from 7.7% to 10.1% over the past year, after several years of decreases. AUCAMP, DELLENBACKI 32 File 20-1819 MARKET A search in CoStar indicates the subject neighborhood (as defined earlier) contains about 140,000 SF of office space. The average asking rent is about $27.03/SF gross, which is less than the submarket. The vacancy rate is about 12%, which is underperforming the submarket. About 50,000 SF in new significant deliveries are anticipated. The subject is located among a secondary office concentration. Tenants in the subject area involve local operations. Most users occupy suites between 1,000 and 5,000 SF. Rents for similar property are generally $20.00 to $25.00/SF gross. Vacancy rates for similar properties to the subject generally range from 0% to 5%. Overall rates for similar property are generally 6.00% to 7.50%. The most recent PwC (Korpacz) Real Estate Investor Survey (3,d quarter 2020) indicates the average overall capitalization rate for South Florida office investment sales is 6.91%. These rates are for institutional grade properties. Rates for non-institutional grade properties are typically higher. Office users tend to require parking at least 4.0/1,000 SF and medical users tend to require 5.0/1,000 SF. Medical office users tend to cluster around hospitals, but other medical office buildings have locations which meet business needs. Multiple-tenant office building construction in South Florida is overall very limited based on feasibility issues. Multiple-tenant office buildings are proposed only for select South Florida locations. Some medical office buildings continue to be constructed as this subset of the office market is expected to outperform the office market overall in upcoming years. Also, some owner user office buildings continue to be constructed in the market based on business needs, rather than financial feasibility. Market participants interviews provided the following additional information: • Market interest for office properties is mixed during this pandemic, as the market reacts and adjusts to new normals involving working from home and social distancing in the workplace. • Due to the pandemic, properties in suburban locations are projected to outperform urban locations, at least in the short term. This is based on more resistance among employees to return to urban, dense locations, and less resistance among employees to return to more suburban, less intensive locations. • Expanding on the previous bullet, direct exterior access to office suites is considered slightly more desirable than interior hallway access to suites under current market conditions. • Due to the pandemic, some buyers are more hesitant and cautious, and expect deep price discounts, while some sellers are indicating this is only temporary, especially if rent collections have remained strong. • While rent growth has outpaced inflation in recent years, new construction has only been feasible only in select areas in South Florida, even before the pandemic. Most proposed multiple-tenant office building construction has been postponed under current market conditions related to the pandemic. AUCAMP, DELLENBACKI 33 File 20-1819 MARKET • Employment expansion and new household formation have been demand drivers for offices properties in the South Florida market. In-migration to South Florida continues to occur at a rapid clip (especially during the pandemic) as northern residents flee dense urban living for a more suburban and warmer climates. However, working from home does not necessarily lend itself to new office demand in the local market. • Select office properties in select higher household income submarkets in South Florida have been performing quite well recently, as companies that require office space and office visits flee high-tax northern states and relocate to South Florida. • Overall, the general consensus among market participants is that demand for office space is expected to decrease slightly in the near term as an increased number of employees work from home. The long term effects have yet to fully understood. AUCAMP, DELLENBACKI 34 File 20-1819 MARKET Retail Market The traditional retail landscape in the United States continues to be disrupted by the proliferation of e-commence. Notably, "brick-and-mortar" big-box retailers and clothing boutiques have been most adversely affected. Market participants have indicated the Southeast region of the United States has fared better than other areas of the country. However, some retail centers continue to be developed throughout South Florida, in part based on continued in-migration and a roster of"e-commerce resistant' tenants. The retail subset that will likely outperform the retail market at large is the "experiential retail" whereby consumers are going to a location for the experience or service itself, rather than simply picking up products. This includes restaurants and service-oriented retailers. However, the current pandemic has reversed this trend, at least in the short term. The South Florida retail market has experienced significant fluctuations over the past 10 years. The following chart shows retail sales in South Florida. Sales volume for 2014 was the highest in recent years. In recent years, the price per square foot has been generally increasing. The months to sale is similar to the marketing time and has been around 10 months for several years. Prices for similar property in the subject's local market are generally below median price levels for South Florida. SOUTH FLORIDA RETAIL SALES Source:Compiled from Costar OOM 2009 335 $595,689,494 $197 10.0 2010 342 $620,181,892 $195 -1% 9.6 2011 438 $732,701,749 $201 3% 12.4 2012 619 $1,182,395,175 $182 -9% 13.0 2013 704 $1,308,541,638 $196 8% 13.2 2014 803 $2,845,554,352 $216 10% 12.4 2015 845 $2,568,446,433 $241 12% 12.5 2016 765 $2,232,750,761 $266 10% 11.3 2017 655 $1,502,279,672 $255 -4% 8.8 2018 727 $1,711,136,543 $256 0% 11.3 2019 705 $1,757,218,747 $271 6% 10.1 According to CoStar, the Palm Beach County retail market contains 79,400,000 SF. • The average asking retail rent in the county is currently $28.74/SF NNN. This rent rate has increased by 4.2% from the 41h quarter of 2019 to the 41h quarter of 2020. The annual rental rate growth was exceeding 5.0% in recent years, but the growth rate has been reducing in recent years. • The vacancy rate in the county increased from 4.1% to 5.0% from the 41h quarter of 2019 to the 41h quarter of 2020. This vacancy rate had been generally decreasing in recent years, but has recently started to increase. AUCAMP, DELLENBACKI 35 File 20-1819 MARKET The subject is located within the Boynton/Lantana submarket. • The asking rent in the submarket is currently $28.08/SF NNN, which is less than the county. Asking rental rates within the subject's submarket have increased by about 4.4% over the past year. • The vacancy rate in this submarket increased from 3.6% to 4.6% over the past year, after several years of decreases. A search in CoStar indicates the subject neighborhood (as defined earlier) contains about 250,000 SF of retail space. The average asking rent is about $27.51/SF NNN, which is slightly less than the submarket. The vacancy rate is about 2.6%, which is outperforming the submarket. No new deliveries are anticipated. The subject is located along a secondary retail corridor. Tenants in the subject area involve mostly local operations. Most users occupy bays between 1,000 and 10,000 SF. Rents for similar property are generally $20.00 to $30.00/SF gross. Vacancy rates for similar properties to the subject generally range from 0% to 10%. Overall rates for similar property are generally 6.00% to 7.50%. The most recent PwC (Korpacz) Real Estate Investor Survey (3rd quarter of 2020) indicates sales of net leased buildings nationally have overall capitalization rates between 4.00% and 8.00% and average 6.22%. This average rate remained unchanged from last quarter, decreased 28 basis points from one year ago, and decreased 61 basis points over the past 5 years. Restaurant prices have a wide range of prices per square foot in the South Florida market. Prices are based on location and tenancy characteristics, as well as condition and quality of the properties. On a square foot basis, prices for restaurant properties are generally higher than general retail property prices. The restaurant subset of the retail market has experienced significant fluctuation in recent years. The Restaurant Performance Index (RPI) is a tool used to measure the performance and outlook of restaurants by the National Restaurant Association on a national basis. An index above 100 indicates a period of expansion and an index below 100 indicates a period of contraction. Over the past 10 years, the index has ranged from 96 to 104. As of August 2020 (most recent report available), the index stood at 97.6, which was up 0.5% percent from July's 97.1. Market participants interviews provided the following additional information: • Market interest remains relatively good for select retail properties, especially for retail properties with tenants considered "essential" by government authorities during the course of this ongoing pandemic. However, some buyers are more hesitant and cautious, and expect deep price discounts, especially for retail properties with tenants deemed "non- essential." • Many retailers are re-thinking the retail footprint needs as COVID-19 increased e- commerce activity and slowed retail foot traffic. However, local small retail strips primarily serving the needs of the local residents are outperforming larger, enclosed destination shopping centers during this pandemic. • Multiple national retailers have recently filed for bankruptcy in the past several months, especially in the big box space and luxury space. However, many local-owned and operated stores received federal government assistance to stay open and pay employees. AUCAMP, DELLENBACKI 36 File 20-1819 MARKET Residential Market Data collected by Reinhold P. Wolff Economic Research, Inc. (Reinhold Wolff) show an increasing trend in the number of housing starts in South Florida in recent years. The housing starts in 2019 are substantially less than the starts from the peak of the previous development cycle. SOUTH FLORIDA BUILDING PERMITS Source:Reinhold P.Wolff Economic Research Palm Beach County Multiple-Family 4,578 4,653 3,911 905 592 165 258 692 2,314 2,554 3,213 1,984 3,557 1,959 1,991 2,341 Single-Family 10,128 9,535 4,426 2,033 1,202 1,102 1,248 1,810 2,181 2,756 4,049 33,737 3,780 2,792 2,969 3,062 Total 14,706 14,188 8,337 2,938 1,794 1,267 1,506 2,502 4,495 5,310 7,262 5,721 7,337 4,751 4,960 5,403 Broward County Multiple-Family 4,359 2,919 3,567 2,141 1,242 637 228 1,016 1,828 2,835 1,828 2,119 2,585 2,862 2,610 3,394 Single-Family 43,742 3,451 3,119 1,777 1,104 604 981 1,399 1,064 1,333 1,714 1,687 1,946 1,658 1,613 1,771 Total 9,101 6,370 6,686 3,918 2,346 1,241 1,209 2,415 2,892 4,168 3,542 3,806 4,531 4,520 4,223 5,165 Miami-Dade County Multiple-Family 11,940 15,684 10,180 4,240 2,865 585 1,367 1,684 3,160 8,087 11,361 13,649 10,777 7,460 7,843 9,633 Single-Family 9,043 11,528 6,356 3,691 1,161 565 930 973 1,904 2,092 2,482 2,772 2,955 2,271 2,422 2,435 Total 20,983 27,212 16,536 7,931 4,026 1,150 2,297 2,657 5,064 10,179 13,843 16,421 13,732 9,731 10,265 12,068 South Florida Multiple-Family 20,877 23,256 17,658 7,286 4,699 1,387 1,853 3,392 7,302 13,476 16,402 17,752 16,919 12,281 12,444 15,368 Single-Family 23,913 24,514 13,901 7,501 3,467 2,271 3,159 4,182 5,149 6,181 8,245 8,196 8,681 6,721 7,004 7,268 Total 44,790 47,770 31,559 14,787 8,166 3,658 5,012 7,574 12,451 19,657 24,647 25,948 25,600 19,002 19,448 22,636 The most recent South Florida New Condo Project Rankings chart from CraneSpotters.com indicates that about 50,000 units in over 450 projects have been announced, proposed, under construction, or completed during this current expansion cycle (starting 2011) in the South Florida market. Roughly 75% of these projects have been in Miami-Dade County. Roughly 20% have been in Broward County. Roughly 10% have been in Palm Beach County. Over 50% of these units are in the pre-development stages or construction stages, while about 50% have been either delivered or are currently under construction. During recent years, the residential condominium market for relatively larger projects located within urban core areas (namely Miami) has exhibited signs of market correction; this is evident in several condominium projects being cancelled or developers converting projects to a "for rent" product. Notably, the condominium market for relatively smaller condominium projects in boutique markets or underserved markets is not exhibiting these signs and some smaller condominium projects continue to be financially feasible. In terms of home prices, data provided by the Case-Shiller Home Price Index for South Florida shows home prices have been increasing in recent years. Overall prices in South Florida are roughly 85% above the low point in 2011. The latest report available indicates about a 3.8% increase year-over-year in the index for South Florida. AUCAMP, DELLENBACKI 37 File 20-1819 MARKET Rental Apartment Market To quantify recent trends within the local apartment market, we utilized CoStar Comps to research sales of properties located within Broward County and Palm Beach; the results of this search are shown in the following chart. This chart groups sales by year and displays the number of transactions (#), sales volume, mean and median price levels, as well as median DOM. BROWARD COUNTY AND PALM BEACH COUNTY MULTIFAMILY SALES Source:Compiled from Costar Realty 2006 200 $1,104,228,600 $117,471 - $126,900 - 90 31 2007 98 $587,466,096 $111,010 -6% $85,714 -32% 181 24 2008 99 $359,483,553 $68,512 -38% $81,000 -5% 133 31 2009 165 $314,281,770 $32,284 -53% $35,416 -56% 156 47 2010 127 $685,963,449 $105,908 228% $45,000 27% 102 66 2011 156 $732,716,244 $104,376 -1% $54,688 22% 143 71 2012 229 $1,092,615,334 $91,755 -12% $68,182 25% 92 78 2013 218 $923,433,612 $98,409 7% $66,667 -2% 112 124 2014 271 $1,351,468,289 $112,767 15% $82,337 24% 130 140 2015 321 $2,334,836,193 $146,297 30% $90,488 10% 132 158 2016 309 $2,670,162,009 $126,304 -14% $100,000 11% 134 160 2017 345 $2,286,526,485 $192,244 52% $100,000 0% 120 118 2018 507 $3,360,199,791 $173,523 -10% $111,000 11% 126 131 2019 516 $3,419,848,308 $182,689 5% $126,266 14% 119 141 Listings 168 $314,528,760 $202,772 - $163,025 - 104 167 DOM=days-on-market and DOM#=number of DOM sales. During recent years, the sales volume has increased, and mean and median prices are showing increases. Recently, median Days-on-Market (DOM) have been less than five months. The most recent PwC Real Estate Investor Survey was recently published in Q2 2020;this report includes findings for investment grade properties within the Southeast Region Apartment Market which are summarized in the following bullets: • Overall Cap Rate range: 4.00% to 6.50% with an average of 5.03%. • Marketing Periods: One to eight months with an average of about four months. • Year 1 Market Rent Change: Estimate of YOY increases of 0.00% to 4.00% with an average of 1.45%. AUCAMP, DELLENBACKI 38 File 20-1819 MARKET The following chart provides rental rate as well as vacancy information within Palm Beach County as well as the Boynton Beach (subject's submarket) submarket as reported by the Q2 2020 Reinhold Wolff survey. The data indicate the vacancy rate within the subject's submarket is lower and the rental rates are also lower in comparison with the county as a whole; this report is summarized in the following chart: RENTAL APARTMENT MARKET Source:Reinhold Wolff Research(Q2 2020) Boynton Beach 3.0% 1 820 $1,556 $1.90 2 1,133 $1,744 $1.54 3 1,362 $2,188 $1.61 Palm Beach County 3.4% Efficiency 588 $1,684 $2.86 1 817 $1,678 $2.05 2 1,138 $1,899 $1.67 3 1,405 $2,308 $1.64 `Monthly rental rates. New local projects have the following rents: • 500 Ocean: This newer 341-unit project at 500 Ocean Ave, Boynton Beach, has rents ranging between $1.60 and $1.77/SF, and an average asking rent of$1,680, or $1.67/SF per month. • One Boynton: This newer 494-unit project at 1351 S Federal Hwy, Boynton Beach, has rents ranging between $1.32 and $1.92/SF, and an average asking rent of$1,976, or $1.53/SF per month. • RiverWalk: This proposed 328-unit project at 1620 S Federal Hwy, Boynton Beach along the waterfront has proforma rents ranging between $2.47 to $3.15/SF, and an average rent of$2,592, or $2.66/SF per month. AUCAMP, DELLENBACKI 39 File 20-1819 MARKET The three adjacent parcels with their different uses are considered as one economic asset herein. This is due to the close proximity of the three parcels, a historical review of sales in similar areas, consideration of the buyer pool, and discussion with market participants. Therefore, no deductions are necessary for a single purchaser, as the most probable purchaser would purchase and retain the entire asset Strengths, Weaknesses, Opportunities, and Threats (SWOT) Strengths for the subject include aspects of its location, its building features, and its tenancy. ■ Location: The subject is located among a developing urban area experiencing revitalization and increases in resident population, which bodes well for property values as well as market interest in retail and residential apartment rental units. The subject site involves close proximity to the ocean and public beaches. • Improvements: The subject has been renovated in recent years, including new roofs for two of the buildings. • Tenancy: The subject has a good rent collection among its tenant base, which decreases its risk of income stream disruption. Weaknesses for the subject include aspects of its location, its building features, and its tenancy. ■ Location: The subject's surrounding area has lower than typical median household incomes and median homes values. Over recent years, the subject's local area has experienced less redevelopment than its other adjacent communities. • Improvements: The subject has relatively limited on-site parking, though city parking is available nearby for most users. • Tenancy: The subject tenants have a relatively short weighted average remaining lease term. Select subject tenants are deemed to be "non-essential" by government authorities. Opportunities for the subject include external factors such as market forces and future repositioning opportunities. • Market Forces: Until recently, favorable market forces were apparent in the local office market and were outpacing inflation. This bodes well for property prices and-or rents to outpace inflation in the longer term. • Future Repositioning: Finally, based on market trends, the subject could unlock additional value via a capital improvement program and-or securing desirable longer- term tenants. Finally, threats for the subject include external factors such as market forces and new product deliveries. • Market forces: Market forces include increasing vacancy rates and a settling of the growth of office rents. And, the real estate markets have not yet had time to fully react to the economic uncertainty related to the unfolding global coronavirus pandemic. • New deliveries: New product is proposed for development in the nearby area which could place downward pressure on rent growth in upcoming years. Conclusion Overall, the subject has average to good desirability in the South Florida market. AUCAMP, DELLENBACKI 40 File 20-1819 SUBJECT PROPERTY SUBJECT PROPERTY This section addresses physical characteristics of the site and improvements plus other factors, such as zoning and taxes. Analysis and conclusions for these features are included at the end of this section. Site Features Adjacent Uses: North: Religious facility, across a public alley East: Low-rise retail store West: City park South: Multifamily complex, across E Ocean Ave Size: Three adjacent sites totaling 17,903 SF or 0.41 acres (source: Palm Beach County Property Appraiser) Shape: Rectangular Frontage: Along the north side of E Ocean Ave, a two-lane, undivided, public road (AADT: 3,300), as well as along the south side of a one-lane public alley Corner: No Topography: Generally flat and slightly above street grade Soils: Generally sandy, typical of the area. We assume the site has no adverse conditions. Hazards: An environmental site assessment report was not provided. We are not aware of any environmental hazards affecting the subject; we assume the site has no adverse environmental conditions. Utilities: Public water and sewer service as well as electricity and communication services Easements: No survey was available to us. We are not aware of any easements that present unusual or adverse development conditions for the subject. Encroachments: No survey was available to us. We are not aware of any encroachments that involve the subject. Census: 0062.01 (source: United States Census Bureau) Flood Zone: X, Community-Panel: 12099C0793F, dated October 5, 2017; flood insurance is typically not required in this zone (source: FEMA) AUCAMP, DELLENBACKI 41 File 20-1819 SUBJECT PROPERTY Zoning: Central Business District (CBD) by the City of Boynton Beach; this district permits retail, multifamily, office, hotel, and civic uses. The subject's retail, office, and residential uses are permitted. ■ Minimum site size: 15,000 SF ■ Minimum lot frontage: 75' ■ Minimum front setback: 0' ■ Maximum height: 45' ■ Parking: 1 space per 200 to 300 SF for shopping center and professional office uses and 1 to 2 spaces per each bedroom/unit for one-bedroom residential uses While a detailed examination of the zoning code was not performed, the subject use, site, and improvements do not appear to meet the current code requirements in terms of parking. This lack of conformity to the current code is likely due to the subject improvements pre-dating the current code. Therefore, per the code, the subject appears to be a legal, non-conforming property, grandfathered-in and permitted to continue. This could not be confirmed with the City on an individual basis without a lengthy process, which is outside the scope of this assignment. However, this type of non-conformity to the current code is typical in the immediate area. A provision exists for the property owner to easily secure a zoning change to Mixed Use Core (MU-C) which permits multifamily uses consistent with its above underlying land use (80 units per acre, and up to 100 units per acre). The maximum FAR is 4.0. Future Land Use: Mixed-Use High (MXH) by the City of Boynton Beach, which permits 150' height and 80 residential units per acre with 25% bonus for workforce housing. Taxes: The County's Property Appraiser establishes assessments annually. The millage rate is the amount paid to each taxing body for every $1,000 of assessed value. Millage rates applied to properties in this neighborhood are for the state, county, city, and special districts. In addition, property owners are obligated to pay non-ad valorem taxes. Based on a Florida State Statute, the increase in assessments for non- homesteaded property (such as commercial property) cannot exceed 10% per year. As a result, the current market values (per the County's Property Appraiser) for some properties exceed current assessments. Taxes are based on assessments and are not subject to a 10% annual cap. However, after a sale transaction, assessments are reset to the County's market value. A further discussion of taxes is located in the income capitalization approach. The subject is registered as retail/office/residential uses by the County. The millage rate during 2019 was 21.3977. The subject's 2019 assessed value is less than the market value conclusion in this report. 2020 taxes are now due. AUCAMP, DELLENBACKI 42 File 20-1819 SUBJECT PROPERTY SUBJECT TAXES 08-43-45-28-03-006-0100 Land $143,260 $139,088 (Western Parcel) Improvements $312,230 $327,140 Market Value $455,490 $466,228 Assessment $455,416 $12,859 $404,924 $12,049 08-43-45-28-03-006-0111 Land $105,173 $102,110 (Middle Parcel) Improvements $266,860 $266,950 Market Value $372,033 $369,060 Assessment $372,033 $9,956 $369,060 $9,690 08-43-45-28-03-006-0120 Land $132,701 $128,836 (Eastern Parcel) Improvements $241,619 $245,243 Market Value $374,320 $374,079 Assessment $374,320 $12,791 $374,079 $12,583 Total Market Value $1,201,843 $1,209,367 Assessment $1,201,769 $35,606 $1,148,063 $34,322 AUCAMP, DELLENBACKI 43 File 20-1819 SUBJECT PROPERTY Site Improvements Vehicular Access: Paved vehicular access along eastbound and westbound E Ocean Ave as well as a rear public alley. Paving: Asphalt drive and parking areas Parking: A few on-site parking spaces and street parking is available nearby. Curbing: Concrete curbs along the walkway perimeter Walkways: Concrete and brick pavers Drainage: None Landscaping: Minimal Irrigation: Underground system Lighting: Building- and pole-mounted Other: Outdoor patio area consisting for Hurricane Alley restaurant bay Street Right-of-Way: Asphalt paving, concrete sidewalks, concrete curbing, storm water catchment basins, overhead lighting. AUCAMP, DELLENBACKI 44 File 20-1819 SUBJECT PROPERTY Building Improvements Between 1922 and 1958, the subject was improved with three buildings; one, 2-story building with 1St floor retail/office bays and upper floor residential units, a single-story retail building, and another two-story building with a 1St floor restaurant and upper floor offices. These buildings have a total size of 17,201 SF rentable. 511 E Ocean is a two-story building containing 7,453 SF rentable; the 1St floor contains 4,654 SF and includes 939 SF of no air-conditioned storage space. 515 E Ocean is a one-story retail/office building containing 4,104 SF rentable. 529 E Ocean is a two-story building containing 5,644 SF rentable, which includes 2,794 SF of 1 st floor restaurant space and 2,850 SF of 2nd floor office space. The source for the building's size is Property Appraiser records, verified for reasonableness with appraiser's measurements. Building Shell and Exterior Features: Structure: Concrete masonry unit walls and wood trusses Foundation: Monolithic slab or spread footings (assumed) Walls: Painted stucco Story Height: 1St floor has an average story height of 14'; 2nd floor has an average story height of about 12' Roof: Built-up composition over lightweight concrete and metal deck (assumed) Doors: Fixed glass in aluminum frames as well as fiberglass/metal doors Windows: Fixed glass in aluminum frames Access: Primary entry along south elevations Vertical Transport: Two sets of enclosed interior staircases and two sets of exterior staircases Other: Covered entries Other: Metal-supported vinyl awnings along south elevations Interior Features (Retail/Office area): Flooring: Wood, tile, and polished concrete Walls: Painted drywall and glass partitions Trim/Baseboards: Wood and tile Doors: Hollow core and solid core wood AUCAMP, DELLENBACKI 45 File 20-1819 SUBJECT PROPERTY Ceilings: Painted drywall and suspended acoustical tiles Clear height: Ceiling height ranges between 10' and 12' Lighting: Incandescent and fluorescent Restrooms: Each bay/suite has at least a two-fixture restroom Fire Protection: Smoke alarms in select bays/suites Plumbing: Built-in cabinetry, countertops, and a sink fixture within select suites HVAC: Rooftop package units with individual controls for each bay/suite Electrical: Assumed adequate; each bay is separately metered Analysis and Conclusions: The site plan consists of a three-building strip center with limited on-site parking and public parking available nearby. Most other nearby uses have on-site parking. The property's floor- area-to-site-area ratio (FAR) is 0.96, which is a typical ratio for similar properties in the area. Overall, the site improvements have good utility and do not display any significant functional obsolescence, except for the lack of on-site parking. The building improvements have a relatively simple architectural design and have average to good appeal in the local market. The project is most similar to a Class C asset in the local market. The improvements are configured for multiple occupants. The building layout consists of direct exterior access to each tenant bay on the 1St floor. 1St floor bays are currently improved with office, retail, and restaurant space. The buildings are described into further detail below: • 511 E Ocean Ave: This building has a rather intensive build-out with a large 1St floor office suite with rear storage space and five 2nd floor residential units. Four of these units are 1/1 apartment units and one unit is a 2/2. • 515 E Ocean: This building has minimal build-out and is currently vacant. The property was previously occupied by a local retailer who occupied the space for about three decades. The owner plans to gut renovate the interior at a reported cost of$290,000, which will involve updating the electric, removing some interior walls, and providing a "white box" subdivided into 5 or 6 bays. These bays will be attractive to office or retail tenants. • 529 E Ocean: This building has an intensive build-out which includes a 2,794 SF restaurant and 2,850 SF of 2nd floor offices. The 2nd floor is subdivided into four offices and a small common area breakroom. The interior build-out consists of generally average to good quality materials. We were provided with access to all of the bays. AUCAMP, DELLENBACKI 46 File 20-1819 SUBJECT PROPERTY The property has been renovated in recent years. Most of the residential units have been renovated with new kitchens and-or bathrooms and the roofs for two buildings were recently replaced. We interviewed representatives of the property owner regarding recent and-or planned repairs and-or capital improvements: • Roof: Two roofs were recently replaced and the third building was recently repaired. The cost for these improvements is reported to be $218,225, per the owner • HVAC: Replaced as needed • Vacant Bay: The owner intends to gut renovate the vacant bay, update the electric and plumbing, and subdivide the space into 5 or 6 bays, at a reported cost of$290,000. Upon completion, the space will be considered a "white box." At inspection, some coverings and surfaces appeared slightly worn, typical of similar properties. However, we did not observe any significant deferred maintenance. Repairs and maintenance appear to be performed and contracted as appropriate, and capital improvements appear to be performed on a regular, scheduled basis. Overall, the subject's quality of materials is rated as average to good and the improvements have been maintained in average to good condition. The subject does not suffer from a prominent type of functional obsolescence. The property does not suffer from any unusual form of external obsolescence, though escalating land prices place downward pressure on the value of the building improvements. The following chart shows our life expectancy estimations for the subject property. The total useful life estimation is based on the guidelines provided via Marshall Valuation Service (MVS). The subject corresponds with Good Type in MVS. SUBJECT LIFE EXPECTANCY Name 515 &529 E Ocean MVS Building Category Retail/Cntr with Office Units MVS Building Class C MVS Building Type Good Year Built 1922 - 1958 Actual Age 62 - 98 Effective Age 25 Total Useful Life 50 Remaining Useful Life 25 AUCAMP, DELLENBACKI 47 File 20-1819 SUBJECT PROPERTY SUBJECT LIFE EXPECTANCY Name 511 E Ocean MVS Building Category Office Cntr with Residential Units MVS Building Class C MVS Building Type Good Year Built 1948 Actual Age 72 Effective Age 25 Total Useful Life 50 Remaining Useful Life 25 AUCAMP, DELLENBACKI 48 File 20-1819 -o- • � - k _ e P u ,LAVE f sm f . F 1 '• �� - i r - UCH r_ M II III' SUBJECT PROPERTY AERIAL PARCEL MAP Subject is outlined in red g '1 ` I'?,� 1 t - t�� i£} is s r£ � t t � ,•• � p s {l } a ss r \J {'', `£� �� l v—�-•N z 1 } is d >L ��, 14 1 �` •$} s i s�� s i� P (£tS £� ��}t 5. �,� � £ )f s Y;' �` � &• � ., £�{ �� 1}}� 11111 ,1' �}}},,,( ti� �•� i 1rt� Int �$� a,s'rUr stl, �£,i i i ���', {uu =� �{{�,;si 11t, a{fb'a�a`��' AUCAMP, DELLENBACK&WHITNEY 50 File 20-1819 HIGHEST AND BEST USE HIGHEST AND BEST USE The concept of highest and best use has the following definition. The reasonably probable and legal use of vacant land or an improved property that is physically possible, appropriately supported, financially feasible, and that results in the highest value. Appraisal Institute, The Dictionary of Real Estate Appraisal, Fifth Edition (2010), p. 93. The highest and best use concept takes into account contribution of a specific use to the community and community development goals as well as benefits of that use to individual property owners. An additional aspect is the use determined from this analysis represents an opinion, not a fact to be found. The concept of highest and best use represents the premise upon which value is based. The highest and best use must meet four tests or criteria. Legally permissible: What uses are permitted or have reasonable probability of being permitted by zoning and deed restrictions on the site in question? Physically possible: What uses are possible based upon the site's physical constraints such as size, shape, area, terrain, soil conditions, topography, and access to utilities? Financially feasible: Which possible and permissible uses will produce a net return to the owner of the site? Maximally productive: Among the feasible uses, which one is most probable and will produce the highest net return and highest present worth? Analysis of highest and best use for a property typically involves analyzing the site as though it were vacant and available for development, as well as analyzing the site as improved and proposed to be improved. In the subject's case, this analysis focuses on highest and best use as vacant and as improved. Concerning legally permissible uses, the subject site is zoned for a wide variety of intensive improvements, including residential, office, and retail uses, as well as a mix of these uses. Based on its physical attributes, the subject site is well suited for a variety of uses. Surrounding sites to the subject involve a wide mix of uses. Trends in the area involve assemblage of smaller parcels into larger sites in order to maximize the development potential available in the zoning code. Few new office-focused or hotel-focused mixed-use towers are being developed on similar sites due to feasible concerns, especially during the ongoing pandemic. However, in- migration to South Florida continues to occur at a rapid clip, even during the ongoing pandemic. And, several new residential-focused mixed-use projects are being constructed on assembled sites in the area and appear financially feasible and maximally productive, based on a review of construction costs, rents and prices. The highest and best use as vacant is for immediate development of an intense, urban residential-focused mixed-use project, likely involving adjacent uses. AUCAMP, DELLENBACKI 51 File 20-1819 HIGHEST AND BEST USE The subject site has been improved with three buildings containing multiple-tenant retail/office/residential uses. The three adjacent parcels are considered as one economic asset herein. This is due to the proximity of the three parcels and consideration of the buyer pool. Land prices are generally between $50 and $70/SF. The estimate of market value in this report of the improved property represents over $200/SF land, which is much higher than land prices in the area. Therefore, the existing improvements significantly contribute to overall property value. Furthermore, the improvements generally make good use of the site. And, these improvements could not be built as they exist today based on the requirement for on-site parking. The highest and best use as improved is for continued retail/office use of the existing improvements for multiple occupants. The most probable purchaser of the subject is an investor, based on sales of similar property. AUCAMP, DELLENBACKI 52 File 20-1819 VALUATION PROCESS VALUATION PROCESS The previous sections contain identification and analysis of the area including the neighborhood and local market as well as data and analysis of the subject site as a basis for determining the highest and best use of the property. Estimating market value for property under its highest and best use typically involves analysis of three separate approaches: cost approach, sales comparison approach, and income capitalization approach. The cost approach is based on the principle of substitution that states an informed purchaser will not pay more for a property than the cost of reproducing a property with identical improvements having the same utility. This approach consists of estimating value for the site as vacant, adding direct and indirect costs of construction, deducting an estimate of accrued depreciation, and adding an appropriate entrepreneurial profit. The cost approach is not relevant for estimating market value because numerous assumptions are necessary for estimating obsolescence, thereby reducing its credibility, and because a most probable purchaser would place no weight on valuation in the cost approach. The sales comparison approach is also based upon the principle of substitution whereby similar properties within competitive markets will realize similar prices. An informed purchaser would not pay more for the subject property than the cost to acquire another property with the same amenities and utility. Market data are available for estimating market value in this approach. The income capitalization approach is based on the principle of anticipation whereby an investor expects benefits to be derived in the future. In evaluating future benefits, an informed purchaser will analyze income as well as how change affects income-producing characteristics of the property. This approach consists of analyzing a property's income and deducting appropriate expenses as well as evaluating appropriate capitalization methods. Market data are available for estimating market value in this approach. The final step in the valuation process is reconciliation of the value indications into single final values by analyzing the appropriateness, accuracy and quantity of evidence in each approach. AUCAMP, DELLENBACKI 53 File 20-1819 SALES COMPARISON APPROACH SALES COMPARISON APPROACH The sales comparison approach is a method for estimating the subject's value by analyzing sales of similar properties. The underlying theory is that a prudent buyer would not buy one property at a price any higher than the cost to acquire a comparable, competitive property. This approach provides a reliable indication of market value when properties are bought and sold regularly. Our search criteria generally consisted of recent sales of eastern mixed-use improvements constructed prior to the year 1975. A search of the immediate area provided limited recent sale data. A search of the broader area for recent transactions of similar properties provided a sufficient number of useful sales, contracts, and listings (comparables). These comparables are summarized within the following chart, are displayed on a following map, and are described in the subsequent detailed descriptions. The comparables are analyzed on the basis of the most relevant unit of comparison which, in this case, is price per SF of building. The comparables have an unadjusted price range of$153 to $322/SF of building. AUCAMP, DELLENBACKI 54 File 20-1819 SALES COMPARISON APPROACH SUMMARY OF COM PARABLES Ocean Ave Retail/Office Center,511-529 E Ocean Ave,Boynton Beach,Florida(20-1819) ADW Property # 12041 12080 12081 11831 6163 7811 Property Name Ocean Ave Commercial 79th St Mixed- Clematis Green Turtle Commercial Retail/Office Blvd Use Bldg Centre Plaza Strip Center Center Retail/Office Cntr Address 511-529 E 2701-2715 E 645-649 NE 525 Clematis 239 2801-2809 E Ocean Ave Commercial 79th St Street Com mercial Com mercial Blvd Blvd Blvd City Boynton Beach Fort Miami West Palm Lauderdale by Fort Lauderdale Beach the Sea Lauderdale Sale: Sale Price N/A $2,100,000 $1,571,300 $4,000,000 $1,350,000 $2,250,000 Sale Status N/A Closed Closed Closed Closed Closed Marketing Period N/A 8 months 15 months 3 months N/A 6 months Date of Sale N/A Apr-20 Nov-19 Jul-19 Sep-18 Apr-18 Price/SF Bldg N/A $186 $283 $322 $225 $153 Site: Site Size Acres 0.41 0.38 0.19 0.35 0.09 0.25 Site Size SF 17,903 16,500 8,325 15,311 4,000 11,000 Floor Area Ratio 0.96 0.68 0.67 0.81 1.50 1.33 Zoning CBD CB T5-0 CWD-CD B-1 CB Prkg Ratio/1,000 SF Limited 1.77 1.44 1.13 0.67 0.68 Building: Property Type Shopping Shopping Office Retail Retail Shopping Center Center Center Building Size(SF) 17,201 11,284 5,560 12,431 6,000 14,678 Year Built 1922- 1958 1970 1936 1923 1969 1971 Condition Avg to Good Avg to Good Avg to Good Avg to Good Avg to Good Average Quality Avg to Good Avg to Good Avg to Good Avg to Good Average Average Stories TWO TWO TWO TWO TWO TWO Economics: Occupancy 94% 40% 72% 100% 83% 92% Single/Multiple Multiple Multiple Multiple Multiple Multiple Multiple NOI Per SF $14.26 N/A $19.87 N/A N/A $9.58 OAR 6.50% N/A 7.03% N/A N/A 6.25% (Conclusions) AUCAMP, DELLENBACKI 55 File 20-1819 SALES COMPARISON APPROACH MAP OF COMPARABLE PROPERTIES Port Mass a, ®o JW Corbelil Jupiter Canal Poi nt nL1- (rmi nI Iwt ] I .Nrr (� cfi PAok.ee Area Gardens EImproved Sale West rn Celle Glade Beach mt�r .� eac 1 Delray 13(-,acti Bota Radon I ate No. I ----------------- Ion: ____m______Ion: raved Sale No., 4 __..i fF7pano chi and Francis Fort rl ar La Ernproved aleNG. 5� Hollywood Fra Cis S. T,:,j. or Hialeah rldIi Moral 3' Ii' tf Alice T i, AUCAMP, DELLENBACKI 56 File 20-1819 SALES COMPARISON APPROACH COMPARABLE 1 � 777, f t � p General Data Property Name: Commercial Blvd Retail/Office Cntr Property Type: Shopping Center, Neighborhood Center Address: 2701-2715 E Commercial Blvd, Fort Lauderdale, Florida 33308 County: Broward Parcel ID: 49-42-13-07-0250 Legal Description: CORAL RIDGE COMMERCIAL BLVD ADD 43-13 B LOTS 8,9,10 LESS S 50 FOR ST BILK 2 Site Data Site Size: 0.38 acres or 16,500 SF Floor Area Ratio (FAR): 0.68 Zoning: CB Parking Ratio: 1.8 spaces per 1,000 SF Site Remarks: Unsignalized corner. Building Data Use/Finish: Retail/Office Size SF: 11,284 Year Built: 1970 Condition: Average Quality: Average Class: C Stories/Floors: Two Building Remarks: Two-story retail/office center. Property does not appear to have been renovated in recent years. AUCAMP, DELLENBACKI 57 File 20-1819 SALES COMPARISON APPROACH Financial Data Occupancy at Sale: 40% Single/Multiple Multiple Occupant(s): Tenants Sale Data Sale Status: Closed Price: $2,100,000 Price/SF of Building: $186.10 Sale Date: April 2020 O.R. Book-Page: 116524765 Grantor: Ocean Realty Associates LLC Grantee: Commerce One, LLC Property Rights: Leased fee Financing: N/A Marketing Period: 8 months Listing Price at Sale: $2,399,000 Prior Transactions: Has not sold in previous three years. Verification Source: CoStar and marketing materials, Andrew Sperling, October 2020 (20- 1819) Sale Remarks: Multiple-tenant retail center sold to an investor. Property was about 40% leased at the time of sale. Recent leases are similar to $20/SF modified gross. Attempts to verify this transaction were unsuccessful, though all appearances lead to an arm's length transaction. AUCAMP, DELLENBACKI 58 File 20-1819 SALES COMPARISON APPROACH COMPARABLE 2 t t - t {{ _ a , General Data Property Name: 79th St Mixed-Use Bldg Property Type: Office, Mixed Use Address: 645-649 NE 79th St, Miami, Florida 33138 County: Miami-Dade Parcel ID: 01-3207-017-0320 Legal Description: COMML SHORE CREST PB 17-16 LOTS 29 THRU 31 BILK B AND PROP INT IN &TO COMMON ELEMENTS NOT DEDICATED TO PUBLIC LOT SIZE 8325 SQ FT Site Data Site Size: 0.19 acres or 8,325 SF Floor Area Ratio (FAR): 0.67 Zoning: T5-0 Parking Ratio: 1.4 spaces per 1,000 SF AADT (Traffic Count): 33,250 Site Remarks: Parking appears somewhat crammed. Building Data Use/Finish: Retail/Office Size SF: 5,560 Year Built: 1936 Condition: Avg to Good Quality: Avg to Good Class: C Stories/Floors: Two Building Remarks: Two-story retail/office building. Property appears renovated in 2018. AUCAMP, DELLENBACKI 59 File 20-1819 SALES COMPARISON APPROACH Financial Data Occupancy at Sale: 72% Single/Multiple Multiple Occupant(s): Tenants Net Operating Income: $110,473 $19.87/SF Overall Capitalization Rate: 7.0% Financial Data Remarks: In-place, multiple tenants, 72% occupied by local tenants, some upside in rent Sale Data Sale Status: Closed Price: $1,571,300 Price/SF of Building: $282.61 Sale Date: November 2019 Grantor: Leiter Group At Biscayne Llc Grantee: Zig Investment Group LLC Property Rights: Leased fee Financing: 64% LTV Marketing Period: 15 months Listing Price at Sale: $1,700,000 Prior Transactions: Has not sold in previous three years. Verification Source: Apex Capital Realty OM, Andrew Sperling, October 2020 (20-1819) Sale Remarks: Buyer is a local investor and purchased the property as an investment. Seller wanted to divest this asset. Property was about 72%occupied by seven local occupants. Suite sizes are generally less than 1,000 SF. AUCAMP, DELLENBACKI 60 File 20-1819 SALES COMPARISON APPROACH COMPARABLE 3 Pq 88 s � ` .f z z { General Data Property Name: Clematis Centre Property Type: Retail, Mixed Use Address: 525 Clematis Street, West Palm Beach, Florida 33401 County: Palm Beach Parcel ID: 74-43-43-21-01-025-0072 Legal Description: WEST PALM BEACH TOWN OF E 1/2 OF LT 7 &W 1/2 OF LT 8 BLK 25 Site Data Site Size: 0.35 acres or 15,311 SF Floor Area Ratio (FAR): 0.81 Zoning: CWD-CD Parking Ratio: 1.1 spaces per 1,000 SF Site Remarks: Located along Clematis St. Rear parking is included. Building Data Use/Finish: Retail/Office Size SF: 12,431 Year Built: 1923 Condition: Avg to Good Quality: Avg to Good Stories/Floors: Two Building Remarks: Two-story retail/office bldg containing 9,911 SF. Ground floor retail, 2nd floor office space, and a 2,520 SF detached warehouse. AUCAMP, DELLENBACKI 61 File 20-1819 SALES COMPARISON APPROACH Financial Data Occupancy at Sale: 100% Single/Multiple Multiple Occupant(s): Buyer Sale Data Sale Status: Closed Price: $4,000,000 Price/SF of Building: $321.78 Sale Date: July 2019 O.R. Book-Page: 30735/1492 Grantor: Sunfest Of Palm Beach Co Grantee: 525 Clematis LP Property Rights: Fee simple Financing: 75% LTV by Flagler Bank Marketing Period: 3 months Listing Price at Sale: $3,950,000 Prior Transactions: Has not sold in previous three years. Verification Source: Paul H. Snitkin, listing broker, (561) 833-1661 X141, Andrew Sperling, September 2020 (20-1603) Sale Remarks: Two-story retail/office sold to an investor. Ground floor retail space was leased to mostly local restaurant users on a short-term basis. Seller (Sunfest of Palm Beach)occupied the upper floor office space and other areas for its headquarter location. Seller leased-back some of the space for a few months, though they have since vacated. Buyer planned to re- positioned the asset by renovating and releasing. Broker reported the property sold slightly above the asking price due to a reported back-up offer. Asking rents for 1st floor restaurant/retail space are currently $35/SF NNN, though no leases have been signed. AUCAMP, DELLENBACKI 62 File 20-1819 SALES COMPARISON APPROACH COMPARABLE 4 a s s General Data Property Name: Green Turtle Plaza Property Type: Retail, Mixed Use Address: 239 Commercial Blvd, Lauderdale by the Sea, Florida 33308 County: Broward Parcel ID: 4943-18-17-0450 Legal Description: SILVER SHORES SEC OF LAUDERDALE BY THE SEA UNIT B 31-3 B LOT 10 BILK K Site Data Site Size: 0.09 acres or 4,000 SF Floor Area Ratio (FAR): 1.50 Zoning: B-1 Parking Ratio: 0.7 spaces per 1,000 SF AADT (Traffic Count): 36,980 Site Remarks: 4 parking spaces located in the rear of the building. Shared parking in front. Building Data Use/Finish: Retail/Apartments Size SF: 6,000 Year Built: 1969 Condition: Avg to Good Quality: Average Class: C Stories/Floors: Two AUCAMP, DELLENBACKI 63 File 20-1819 SALES COMPARISON APPROACH Building Remarks: First floor retail with 3,000 SF and a 3/3 apartment on the second floor with 3,000 SF Financial Data Occupancy at Sale: 83% Single/Multiple Multiple Occupant(s): Tenants Sale Data Sale Status: Closed Price: $1,350,000 Price/SF of Building: $225.00 Sale Date: September 2018 O.R. Book-Page: 115331879 Grantee: Kosel LLC Property Rights: Leased fee Financing: N/A Prior Transactions: Has not sold in previous three years. Verification Source: Rep familiar with transaction, 954-296-1004, Andrew Sperling, October 2018 (17-0765) Sale Remarks: Property sold to an investor who intended to keep the tenants in-place and fill the one vacant bay. Property was occupied by two tenants and one vacancy at the time of sale. Residential units are located on the second floor. Retail tenants were paying a weighted average of $1,700/month gross. AUCAMP, DELLENBACKI 64 File 20-1819 SALES COMPARISON APPROACH COMPARABLE 5 ;r uor _ t�u, General Data Property Name: Commercial Strip Center Property Type: Shopping Center, Neighborhood Center Address: 2801-2809 E Commercial Blvd, Fort Lauderdale, Florida 33308 County: Broward Parcel ID: 49-42-13-07-0330 Legal Description: Lot 1, Block 3, Coral Ridge Commercial Boulevard Addition Site Data Site Size: 0.25 acres or 11,000 SF Floor Area Ratio (FAR): 1.33 Zoning: CB Parking Ratio: 0.7 spaces per 1,000 SF Site Remarks: Property has additional shared common parking in front of the center. Building Data Use/Finish: Retail/Office Size SF: 14,678 Year Built: 1971 Condition: Average Quality: Average Stories/Floors: Two AUCAMP, DELLENBACKI 65 File 20-1819 SALES COMPARISON APPROACH Financial Data Occupancy at Sale: 92% Single/Multiple Multiple Occupant(s): Tenants Net Operating Income: $140,625 $9.58/SF Overall Capitalization Rate: 6.3% Financial Data Remarks: In-place income, mostly local tenants Sale Data Sale Status: Closed Price: $2,250,000 Price/SF of Building: $153.29 Sale Date: April 2018 O.R. Book-Page: 114997429 Grantor: Gulf Breeze LLC Grantee: 2891 Commercial LLC Property Rights: Leased fee Financing: 50% LTV from Wells Fargo Bank Marketing Period: 6 months Prior Transactions: No sales in the prior three years Verification Source: Justin Greenbaum, listing broker, 954-465-7923, Jon Mullins, June 2018 (18-0692) Sale Remarks: Commercial strip center with retail units on the 1st floor and office units on the 2nd floor. Center contains multiple local tenants and a Remax office. Sale was part of a 1031 exchange; no impact on purchase price. AUCAMP, DELLENBACKI 66 File 20-1819 SALES COMPARISON APPROACH Adjustments are appropriate and necessary based on differences in elements of comparison. The following elements of comparison are characteristics of properties and sale transactions causing variations in prices. The first five elements of comparison are considered transactional adjustments; each of the transactional adjustments is made prior to making further adjustments. The remaining five elements of comparison are referred to as property adjustments and their total net adjustment is applied at the end. 1. Real property rights conveyed 2. Financing terms 3. Conditions of sale 4. Expenditures immediately after purchase 5. Market conditions 6. Location 7. Physical characteristics 8. Economic characteristics 9. Use 10. Non-realty components of sale The comparables are adjusted quantitatively. The percentage adjustment indicates the degree of the appropriate adjustment based on our knowledge of the local market, discussions with market participants and reviewing data. A chart on a following page shows comparison of the comparables with the subject, and contains adjustments as explained in the following items. 1. Real Property Rights Conveyed. The comparables include both leased fee and fee simple interests. No adjustments are applied. However, this feature will be considered in the economic adjustment. 2. Financing Terms. No differences are noted. 3. Conditions of Sale. No differences are noted. 4. Expenditures Immediately After Purchase. No differences are noted. 5. Market Conditions. Market prices and rental rates have been increasing during the past couple of years, as discussed in the Market section. The most dated comparable is adjusted upward by 5% to account for improving market conditions. No other upward adjustments are made as a result of uncertainty related to COVID-19. 6. Location. Consideration is given to the following factors: net operating incomes, rents, land prices, visibility, traffic counts, and neighborhood demographics, such as household income and home prices. The subject is located in downtown Boynton Beach and this area is undergoing some redevelopment, but does not yet contain a critical retail or residential mass. • Comparables 1 and 5 are located in areas with lower land prices and are adjusted upward by 5%. • Comparable 2 is located in a more desirable area in Miami along a road with higher traffic counts compared to the subject and is adjusted downward by 5%. • Comparable 3 is located along an established retail corridor in downtown West Palm Beach and is adjusted downward by 25%. AUCAMP, DELLENBACKI 67 File 20-1819 SALES COMPARISON APPROACH 7. Physical Characteristics. Differences in prices are evident for several considerations. Parking Ratio/ FAR: A direct relationship typically exists between the parking ratio and price per square foot. As the parking ratio increases, the price per square foot tends to increase. And, as the Floor Area Ratio (FAR) increases, the price per square foot tends to decrease. The subject has no on-site parking, but parking is available nearby and is considered limited. Most of the comparables have low on-site parking ratios, similar to the subject. • Comparables 1 —3 have superior parking and floor-to-area ratios and are adjusted downward by 5%. • Comparables 4 and 5 have similar parking ratios and inferior floor-to-area ratios and are adjusted upward by 5%. Building size: Typically, prices per square foot have an inverse relationship to building size. As building size increases, price per square foot generally decreases, based in part on economies of scale. • Two comparables are adjusted downward by 10% based on their smaller size compared to the subject. Year built/ condition: A direct relationship is typically attributed to price and year built/ condition. As the building ages or the condition declines, the price tends to decrease. Consideration is given to any recent renovations and-or capital expenditures. Most of the comparables have been renovated over the years. The subject has older buildings that have been renovated over the years, including a new roof on two of the buildings. The owner is expected to gut renovate the vacant bay and upon completion the space will be in good condition. We are adjusting the comparables to upon completion of the proposed improvements, and will make deductions herein. • Comparables 1 and 5 are newer buildings that sold in inferior condition compared to the subject. We considered an adjustment for age, though no these features appear to offset and no adjustment appears warranted. Class/ quality: A direct relationship is typically attributed between class /quality and price per square foot. As the quality increases, the price per square foot generally increases. • Three comparables are adjusted upward by 5% based on their inferior quality. 8. Economic Characteristics. Several differences have been addressed in the above adjustments, including location. Remaining differences in occupancy, NOI, lease structure, tenant strength and remaining lease term not captured in the above adjustments are reflected in this adjustment. The subject is currently 76% occupied by multiple tenants, including the owner's space. We are adjusting the comparables to upon stabilization. • Comparables 1, 3, and 4 required near-term releasing, and 5% to 10% upward adjustments are applied to these sales. • Comparable 2 had a higher NOI/SF but also some vacant space, and given the above adjustments, an appropriate downward adjustment is 5%. • Comparable 5 had a much lower NOI/SF and given the above adjustments, an appropriate upward adjustment is 20%. AUCAMP, DELLENBACKI 68 File 20-1819 SALES COMPARISON APPROACH 9. Utility. Some differences are noted for utility. Comparable 2 had an atypical build-out and most of the suites are less than 1,000 SF with little to no common areas. This sale is adjusted upward by 5%. 10. Non-realty Components of Sale. No differences are noted. The comparables have an adjusted price range of$214 to $241/SF with a mean of$227/SF of building. Excluding the highest and lowest sales (Comparables 1 and 3), the adjusted range is $217 to $236/SF and the mean is $227/SF. This range is narrower. The mean is the same for both ranges, and provides a good indication of value for the subject. Therefore, our analysis indicates a reasonable value range is $225 to $230/SF. The subject consists of 17,201 SF. The corresponding value range for the subject is $3,870,000 to $3,950,000, say $3,900,000, rounded. We conclude the value of the subject upon construction completion and stabilization, via the sales comparison approach, is expected to be $3,900,000. Deductions of$440,000 are necessary as explained in the income capitalization approach. We conclude the value of the subject in "as is" condition, via the sales comparison approach, is $3,460,000. AUCAMP, DELLENBACKI 69 File 20-1819 SALES COMPARISON APPROACH ADJUSTMENTS TO COMPARABLES Ocean Ave Retail/Office Center,511-529 E Ocean Ave,Boynton Beach, Rorida(20-1819) Sale Status N/A Closed Closed Closed Closed Closed Sale Date N/A Apr-20 Nov-1 9 Jul-19 Sep-18 Apr-18 Floor Area Ratio 0.96 0.68 0.67 0.81 1.50 1.33 Parking Ratio Limited 1.77 1.44 1.13 0.67 0.68 Building Size (SF) 17,201 11,284 5,560 12,431 6,000 14,678 Year Built 1922- 1958 1970 1936 1923 1969 1971 Condition A\,g to Good A\,erage A\tg to Good A\tg to Good A\tg to Good Average Quality A\,g to Good A\,erage A\tg to Good A\tg to Good Average Average Stories Two Two Two Two Two Two Occupancy 94% 40% 72% 100% 83% 92% NOI Per SF $14.26 N/A $19.87 N/A N/A $9.58 OAR 6.50% N/A 7.03% N/A N/A 6.25% (Conclusions) Unadjusted Price/SF Bldg N/A $186 $283 $322 $225 $153 Transactional Adjs: Market Conditions SIMILAR SIMILAR SIMILAR SIMILAR INFERIOR Adjustment 0% 0% 0% 0% 5% Adjusted Price/SF $186 $283 $322 $225 $161 Property Adjs: Location INFERIOR SUPERIOR SUPERIOR SIMILAR INFERIOR Adjustment 5% -5% -25% 0% 5% Parking Ratio/ FAR SUPERIOR SUPERIOR SUPERIOR INFERIOR INFERIOR Adjustment -5% -5% -5% 5% 5% Building Size (SF) SIMILAR SMALLER SIMILAR SMALLER SIMILAR Adjustment 0% -10% 0% -10% 0% Class/Quality INFERIOR SIMILAR SIMILAR INFERIOR INFERIOR Adjustment 5% 0% 0% 5% 5% Economic INFERIOR SUPERIOR INFERIOR INFERIOR INFERIOR Adjustment 10% -5% 5% 5% 20% Use / Utility SIMILAR INFERIOR SIMILAR SIMILAR SIMILAR Adjustment 0% 5% 0% 0% 0% Net Adjustment 15% -20% -25% 5% 35% Adjusted Price/SF N/A $214 $226 $241 $236 $217 Gross Adjustment N/A 25% 30% 35% 25% 40% AUCAMP, DELLENBACKI 70 File 20-1819 INCOME CAPITALIZATION APPROACH INCOME CAPITALIZATION APPROACH In the income capitalization approach, or income approach, the subject's income stream provides a basis for estimating value. Income producing real estate has earning power and is attractive as an investment. The amount an investor will pay represents the present value of anticipated future benefits. Income Rental income is generated from renting the subject space. The subject is attractive for multiple occupants. We received a current rent roll as well as lease summaries and-or leases for all of the tenants. The rent roll for the subject is recapitulated in a following chart, and is based on the best information available to us, including analyzing the rent roll, leases, and discussion with representatives of the property owner. The 1St floor space is subdivided into 3 bays and is described into detail herein: • 511 E Ocean is a two-story building containing 7,453 SF rentable; the 1St floor contains 4,654 SF and includes 939 SF of no air-conditioned storage space. This space is currently owner occupied and is subject to a non-arm's length lease. • 515 E Ocean is a one-story retail/office building containing 4,104 SF rentable. This space is currently vacant and the owner intends on gut renovating and subdivided the space into 5 or 6 bays. • 529 E Ocean is a two-story building containing 5,644 SF rentable, which includes 2,794 SF of 1 st floor restaurant space. This tenant has been a long-term operator and reportedly has good sales and is current with rent. In 2017, this tenant signed a 5-yr lease renewal with 5% rent escalations. The tenant is responsible for garbage removal and '/2 of real estate taxes. The second floor consists of five residential units in one building and four private offices in the other building. • 511 E Ocean: Four units are 1/1's and one unit is a 2/2. All of the units are leased on an annual basis. • 529 E Ocean: This building has an intensive build-out which includes a 2,794 SF restaurant and 2,850 SF of 2nd floor offices. The 2nd floor is subdivided into four offices and a small common area breakroom. All of the firms are locally-owned private companies. Lease terms are typically 1-year terms. The subject leases have varied expiration over the next two years, with a weighted average remaining lease term just less than 1 year. Most of the leases are 1-year leases and-or expire within the next year. The owner occupies a large portion of the subject. AUCAMP, DELLENBACKI 71 File 20-1819 INCOME CAPITALIZATION APPROACH RENT ROLL(NOVEMBER 2020) Ocean Ave Retail/Office Center,511-529 EOcean Ave,Boynton Beach,Florida(20-1819) Hurricane Alley Sep-17 Aug-22 Sep-20 $27.35 $6,367 $76,403 Mod.Gross Long-term restaurant operator(25+years) 529 E Ocean 5-yr term (5%annually) Rent includes:Restaurant,alcohol license,garbage 2,794 16% Tenant responsible for 1/2 of taxes Oyer Associates Oct-19 Oct-22 Oct-20 $11.69 $4,532 $54,384 Gross Ow ner occupied space 511&513 E Ocean 3-yr term (3%annually) Includes 939 SF of storage space(no A/C) 4,654 27% Non arm's length lease We w ill apply market rent to this space Vacant - - - - - - - Ow ner plans to remodel this space into 5/6 bays 515 E Ocean - at a reported cost of$290,000 4,104 24% Asking rent is expected to be$28/SF NNN w ith$4/SF in CAM Propel Marketing Oct-20 Mar-21 Oct-20 $12.41 $550 $6,600 Gross 2nd floor office space 533 E Ocean#1 0.5-yr term Local tenant 532 3% Size is occupant+common area factor Florida Tech Consultants Oct-20 Oct-21 Oct-20 $15.25 $1,350 $16,200 Gross 2nd floor office space 533 E Ocean#2/3 1-yr term Local tenant 1,062 6% Size is occupant+common area factor Kala Marketing Sep-20 Aug-21 Sep-20 $13.25 $1,000 $12,000 Gross 2nd floor office space 533 E Ocean#5 1-yr term Local tenant 906 5% Size is occupant+common area factor Hurricane Alley(Office) Sep-17 Aug-22 Sep-20 $14.88 $434 $5,208 Gross 2nd floor office space(utilized as accounting 529 E Ocean-2nd 5-yr term (5%annually) office for restaurant user) 350 2% Apartments N/A Nov-21 Oct-20 $15.84 $3,695 $44,340 Gross Five apartment units 2nd floor 1-yr terms Four,1-bedroom units,one,2-bedroom unit 2,799 16% Rent rates provided by the owner Annual leases Total SF 17,201 100% Leased as of October 2020 13,097 76% $16.43 $215,135 Vacant 4,104 24% AUCAMP, DELLENBACKI 72 File 20-1819 INCOME CAPITALIZATION APPROACH We searched the market for comparable rental data for use in estimating market rent for the subject. A survey of the market provided rental rates and lease terms for similar space, as shown on the following chart and pages. The data set for the comparable rents includes mostly gross terms, similar to the subject. We will estimate a gross rent for the subject. The comparable rents are between $22.00 and $28.00/SF gross. The following narrative addresses qualitative adjustments to the comparables in light of the subject. • Rent 1, at $24.42/SF modified gross, is the asking rent for a small restaurant bay within an inferior retail building compared to the subject. The location is considered similar, though it has increased visibility and higher traffic counts compared to the subject. An appropriate market rent for the subject first floor space is similar to this asking rent. • Rent 2, at $28.00/SF modified gross, is the asking rent for a small, but recently renovated free-standing retail/office building compared to the subject. The location is considered similar, though it has increased visibility and higher traffic counts compared to the subject. An appropriate market rent for the subject first floor space is less than this asking rent. • Rent 3, at $22.00/SF modified gross, is the rent rate for a 1St floor office suite within a multiple-tenant office building. The building is newer and the location is considered inferior to the subject. An appropriate market rent for the subject first floor space is similar to this rent. • Rent 4, at $24.86/SF modified gross, is the rent rate for a small retail/office bay within a similar retail/office center compared to the subject. The location is considered slightly superior to the subject. An appropriate market rent for the subject first floor space is similar to or slightly less than rent. The above analysis indicates an appropriate market rent for the subject first floor space is between $22.00 and $28.00/SF modified gross. The subject rents vary in size, build-out, and location. The 1St floor bays are currently improved with an owner occupied office suite (which includes un-air-conditioned space), vacant retail/office bays, and a restaurant under a 5-year lease. A reasonable market rent for the office suite (4,654 SF) is near the middle of the range of the comparables, say $25.00/SF gross. The vacant bay is expected to be new and in good condition upon completion. The bay will be subdivided into 5 or 6 smaller bays and will be delivered as a "white box." The owner is asking $28.00/SF NNN with $4.00/SF in common area expenses, for an effective asking rent of $32.00/SF gross. Based on the new condition and smaller size, a reasonable market rent for this vacant space (4,104 SF) is a rent slightly above the comparables, say $30.00/SF gross. The restaurant space (2,794 SF) is leased to a local operator who has occupied this space for about 25 years. The current rent is $27.35/SF modified gross and the rent increases 5% each year. A reasonable market rent for the restaurant (2,794 SF) is at its contract rent of$27.35/SF modified gross. We will apply contract rent to this space. The tenant is also responsible for 50% of its taxes, so we will add 50% of our estimate for taxes for this space later in the report. AUCAMP, DELLENBACKI 73 File 20-1819 INCOME CAPITALIZATION APPROACH The subject's weighted average rent for the 2nd floor offices is $14.04/SF gross, when using the occupant area plus a factor for the shared common area. Three suites have superior amenities, access, and build-out compared to the 41h suite which is approximately 350 SF and is separated from the balance. The 2nd floor office space is generally attractive to multiple occupants, but could be attractive to a single occupant. These rents appear to be slightly below market, since the owner does not apply a common area factor to the tenant's occupant area. A reasonable market rent for the 2nd floor office space (2,850 SF) is slightly below the range of the comparables, say $20.00/SF gross. Therefore, we will apply market rent to this space and deduct the rent loss at the end of this section. Finally, we analyzed rental rates in the area for the 2nd floor residential units. Our search resulted in two comparables with rent rates between $860 and $995/per month, or $1.54 to $1.72/SF. These rents are located in small garden-style apartment complexes and their amenities and utility are considered superior the subject. The subject tenants have been long- term occupants and all of the units are currently occupied. The total rent from these tenants is $44,340. The 1/1 units are currently rented between $620 and $725/month and the single 2/2 is rented at $950/month. The residential space consists of 2,799 SF. The average monthly rent for the 1/1's is $686 and when dividing these four units by an estimated size of 450 SF each, the effective rent is $1.52/SF, which is just below the range of the comparables, but not unreasonable. Overall, the actual rent at $44,340 appears reasonable as market rent as it is appropriately just below the range of the slightly superior properties (and no other great comparables exist). We will apply contract rent to the 2nd floor residential units. Since several leases encumber the property, the value of the leased fee interest is the relevant interest. AUCAMP, DELLENBACKI 74 File 20-1819 INCOME CAPITALIZATION APPROACH COMPARABLE RENTS Ocean Ave Retail/Office Center,511-529 EOcean Ave,Boynton Beach,Florida(20-1819) • • • • • • ADW Property# 12041 3189 5288 2300 1202 12075 12074 Property Name Ocean Ave Strip Center Boynton Bch 2500 Quantum Ocean Plaza Ocean Ave SE3rdAve Retail/Office Bldg Apartment Apartment Center Bldg Bldg Address 511-529 E 410 E Boynton 416 E Boynton 2500 Quantum 640 E Ocean 401 E Ocean 221 SE 3rd Ave Ocean Ave Beach Blvd Beach Blvd Lakes Dr Ave Avenue' City Boynton Beach Boynton Beach Boynton Beach Boynton Beach Boynton Beach Boynton Beach Boynton Beach' Site: Prkg Ratio/1,000 SF Limited 5.31 Adequate 4.69 Adequate Limited Limited Building: Property Type Mixed-Use Retail/Office Retail/Office Office Retail Multifamily Multifamily Project Size(SF) 17,201 3,014 2,400 51,129 17,204 3,326 N/A Year Built 1922-1958 1947 1958 2001 1972 1971 ' 1981 Condition Avg to Good Average Average Good Average Average Average Quality Avg to Good Average Average Avg to Good Average Average Average Stories Two One One One One Two Two Suite/Bay: Size 1,302 1,200 3,660 700 578 560 Buildout Retail/Office Retail/Office Office Retail/Office Residential Residential Suite/Floor 1st floor 1st floor 1st floor 1st floor 1st floor 1st floor d Rent& Terms: Quoted or Executed Listing Listing Executed Executed Executed Executed' Date Rent Quoted Nov-20 Nov-20 N/A N/A N/A N/A Rent Comm. Date N/A N/A Dec-19 Jan-19 Jan-20 Nov-19 Rent Rate as of Date Nov-20 Nov-20 Dec-19 Jan-19 Jan-20 Nov-19 Gross Rent/SF $24.42 $28.00 $22.00 $24.86 $995.00 $860.00 Lease Type Mod. Gross Mod. Gross Mod. Gross Mod. Gross Gross Gross Term N/A N/A 60 12 12 12 Verification Source Broker Broker Broker Costar MLS MLS Notes Asking rent as Asking rent as Actual rent for Actual rent for Actual rent for Actual rent for of November of November a local office a local tenant a 1/1 within a a 1/1 within a 2020 is 2020 for a 1st tenant within a within a 4-unit 8-unit $24.42/SF floor multiple-tenant multiple-tenant apartment apartment modified retail/office office building. retail center. building. building. gross. suite. Tenant Recently Property Tenants pay pays utilities. executed 100% separately for Property has rents are occupied by water and been updated between$21 mostly local electric. over the years. and$23/SF tenants. modified Reimburseme gross. Tenant nts exclude received 6 electricity. months of rent abatement and no LL TI. Recoverables exclude in- suite electric and janitorial. AUCAMP, DELLENBACKI 75 File 20-1819 INCOME CAPITALIZATION APPROACH MAP OF COMPARABLE RENTALS Village Royale On the CFeeri Cease N' . C a tvj" ; mtort eacl--s -ligh sd"1001 9 EO6'e'ring No. 2 OIC, Old Duyntc., = Of erlin- Non I z.3 Ocean, Ridge Lease Lease N . ' ----Cease No. 6 .EISUREVILLE 'fl right herd AUCAMP, DELLENBACKI 76 File 20-1819 INCOME CAPITALIZATION APPROACH PHOTOGRAPHS OF COMPARABLE RENTS Rent 1 7)f I\tt't d„ Rent 2 1 i G�illi i ii II I F A�tl{i Rent 3 AUCAMP, DELLENBACKI 77 File 20-1819 INCOME CAPITALIZATION APPROACH �F ? r t l 'oyi,, u_kri4i< I� Rent 4 t t u SS s 7i jr, I 1 Rent 5 } y li4 3� v, Rent 6 AUCAMP, DELLENBACKI 78 File 20-1819 INCOME CAPITALIZATION APPROACH Vacancy and Collection Loss A typical vacancy and collection loss for commercial assets in South Florida has historically been between 5% and 15%. Vacancy in the subject's submarket is currently 10% for retail properties and about 2.5% for office properties. The subject has an 76% occupancy rate currently. In addition to vacancy, a landlord experiences collection loss from unpaid rent from delinquent tenant payments or from disputes with tenants. All tenants are reportedly current with rent. Historically, the subject has had good occupancy. A 1St floor retail tenant recently vacated earlier this year, and when considering this space leased, the occupancy is 100%. Overall, we conclude a reasonable allowance for long term vacancy and collection loss is 6%. Operating Expenses We were provided with the subject's 2018 and 2019 historical operating expenses. A following chart itemizes operating expenses and lists several expense comparables. We have estimated the operating expenses. Our estimations for expenses are briefly discussed in the following paragraphs for the subject, and are supported by market expenses. • Real Estate Taxes: The subject's 2019 actual taxes were $1.99/SF (when including a 4% deduction for early payment). Inherent in the definition of market value is the consummation of a sale. The tax burden may change after a sale. In the subject's case, using a typical assessment-to-market value ratio, say 80%, applying the millage rate, non-ad valorem taxes, and applying a 4% discount for early payment, the taxes could be $4.18/SF. We estimate the tax burden is $4.00/SF, which is much more than the subject's historical cost and on the upper end of the range of the comparables. Value Indication $3,775,000 Estimated Assessment Ratio x 80.0% Estimated Assessment = $3,020,000 Estimated Tax Rate x 21.39770 Non Ad Valorem Taxes + $10,200 Early Payment Discount x 96.0% Estimated Real Estate Taxes $71,828 Estimated Per SF $4.18 Estimated Conclusion Per SF $4.00 ■ Insurance: This line item is related to insurance premiums for the property. We estimate a reasonable insurance expense for the subject is $2.00/SF, which is less than the subject's historical cost (which may include some other expenses and appears high) and above the range of the comparables, but it does not appear unreasonable. ■ Utilities & Trash: This line item accounts for electricity, water and trash. The comparables which exclude in-suite electric, similar to the subject, are at the low end of the range. Therefore, we estimate a reasonable expense is $0.25/SF, which is less than the subject's historical cost (which appears unusually high and likely includes utilities for the owner's space), but within the range of the comparables. AUCAMP, DELLENBACKI 79 File 20-1819 INCOME CAPITALIZATION APPROACH ■ Repairs and Maintenance: This line items includes include various maintenance contracts and repairs as well as any salaried employees, and includes in-suite janitorial, if applicable. The comparables mostly exclude in-suite janitorial, similar to the subject. Therefore, we estimate a reasonable expense is $1.50/SF, which is similar to the subject's historical cost and within the range of the comparables. ■ General &Administrative: This expense is typically a nominal expense related to miscellaneous administrative items. We estimate this expense is $0.10/SF, which is similar to the subject's historical cost and within the range of the comparables. ■ Management: The fee to manage the property is typically between 3.0% and 5.0% of the effective gross income. We conclude a reasonable management expense is 3.0% of effective gross income, which is $0.70/SF, which is similar to the subject's historical cost and within the range of the comparables. • Miscellaneous: This expense is typically nominal and related to miscellaneous marketing, accounting and other non-recoverable items. Therefore, we estimate $0.10/SF is reasonable. • Reserves: The comparables do not have a line item for this expense. We estimate a reasonable expense is $0.20/SF, based on its age, recent renovations and the subject asset class. The estimate of total subject expenses is 8.85/SF. On a square foot basis, our conclusion is within the range of the comparables, which are between $7.65 and $10.32/SF. All of the subject leases are gross leases, except Hurricane Alley (restaurant portion), which is a modified gross lease and the landlord recovers 50% of property taxes to the respective parcel ($4.00 /2 = $2.00). Our conclusion for recoverable expenses is 2.00/SF. These expenses represents between a 30% and 40% operating expense ratio (expenses divided by effective gross income, including any recoverables). This is a relatively similar ratio among similar mixed-use properties. Our conclusion appears reasonable. AUCAMP, DELLENBACKI 80 File 20-1819 INCOME CAPITALIZATION APPROACH COMPARABLE OPERATING EXPENSES (PER SF) Ocean Ave Retail/Office Center,511-529 E Ocean Ave,Boynton Beach, Rorida(20-1819) Property Type Mixed-Use Shppng Cntr Shppng Cntr Shppng Cntr City Boynton Beach Hollywood Palm Springs Boca Raton Building Area (SF) 17,201 34,929 15,050 17,000 Year Built 1922 - 1958 1962 2010 2005 Occupancy 94% 100% 100% 100% 93% 100% 12 Months Ending Dec-20 Dec-19 Dec-18 Dec-19 Dec-17 Dec-20 Source Conclusions Actual Actual Actual Actual Actual Operating Expenses: Real Estate Taxes $4.00 $1.99 $2.39 $3.73 $2.82 $4.54 Property Insurance $2.00 $2.91 $3.31 $1.23 $0.43 $1.01 Utilities &Trash $0.25 $1.52 $1.37 $0.21 $1.46 $0.57 Repairs & Maint. $1.50 $1.46 $2.00 $1.66 $1.08 $1.92 General &Admin. $0.10 $0.12 $0.13 $0.55 $0.06 $0.03 Management $0.70 $0.71 $0.71 $0.44 $1.76 $2.21 Miscellaneous $0.10 $0.02 $0.05 $0.08 $0.04 $0.06 Capital Reserves $0.20 $0.00 $0.00 $0.00 $0.00 $0.00 Total Expenses $8.85 $8.73 $9.96 $7.91 $7.65 $10.32 AUCAMP, DELLENBACKI 81 File 20-1819 INCOME CAPITALIZATION APPROACH Capitalization The two methods for capitalizing net operating income for estimating value are direct capitalization and yield capitalization. Direct capitalization is appropriate for a project with a relatively stable income stream, and yield capitalization is appropriate for a project with a fluctuating income stream. In this analysis, direct capitalization will be utilized for estimating value of the subject, since this is how a most probable purchaser would analyze the property. For estimating an appropriate capitalization rate for the subject property, two common methods are derivation from comparable sales and from a band of investment. Additionally, we reviewed market reports to estimate an appropriate overall rate. The following chart lists overall capitalization rates from several recent transactions of similar multiple-tenant retail and mixed-use property in the South Florida market. These rates range between 5.54% and 7.47%, and average 6.74%. COMPARABLE OVERALL CAPITALIZATION RATES Ocean Ave Retail/Office Center,511-529 EOcean Ave,Boynton Beach,Florida(20-1819) Aug-20 Hallandale Beach 13,332 $298 6.81% In-place,multiple tenants(mostly local),95%occupied,5%for 95% $20.30 V&C,weighted avg remaining lease term justover 2 years Aug-20 North Miami 8,932 $196 6.85% Proforma income,multiple tenants,mostly local and one national, 100% $13.41 3%V&C,100%leased Jun-20 Sunrise 9,100 $220 7.47% In-place,multiple tenants,one local&two nationals,mostly below 83% $16.41 market rents,83%leased,one national went dark&effective occupancy is 52%,wghtd avg remaining lease term of 1.75 years Jan-20 Fort Lauderdale 10,890 $156 6.70% In-place income,local tenants,gross rents 100% $10.46 Dec-19 Hallandale Beach 22,495 $282 5.54% In-place,multiple tenants,local and national,100%leased,5%for 100% $15.64 V&C,weighted avg remaining lease term<3 years Nov-19 Miami 5,560 $283 7.03% In-place,multiple tenants,72%occupied by local tenants,some 72% $19.87 upside in rent Sep-18 Palm Springs 15,050 $193 7.43% In-place income,local tenants 93% $14.31 Aug-18 Pompano Beach 20,073 $147 6.33% Proforma,local tenants,below market rents(upside exists) 85% $9.31 Apr-18 Fort Lauderdale 14,678 $153 6.25% In-place income,mostly local tenants 92% $9.58 Feb-17 West Palm Beach 10,902 $137 7.00% In-place income,multiple tenants 100% $9.57 Subject Boynton Beach 17,201 N/A 6.50% Conclusions 94% $14.26 AUCAMP, DELLENBACKI 82 File 20-1819 INCOME CAPITALIZATION APPROACH The following discussion applies to the appropriate overall rate for the subject in light of the average rate produced by the comparables: • The subject is located in a secondary urban submarket. The OAR comparables are generally located in similar to slightly inferior locations in the South Florida region. This places slight downward pressure on the overall rate. • The subject is located in a somewhat densely populated area which is desirable for retailers. The comparables are mostly located in areas with greater population density. This places upward pressure on the overall rate. • Some of the OAR comparables do not have a deduction for capital reserves, while the subject does have this deduction. This places downward pressure on the overall rate. • Sales involving national, publicly-traded tenants tend to have lower OARs compared to more risky income streams from local tenants. The subject tenants are local operations. The OARs involve properties with similar risk in income stream to the subject. This places no pressure on the appropriate rate. • The unfolding COVID-19 outbreak is placing upward pressure on overall rates, though the degree is very difficult to determine at this point in time since it is unfolding. Overall, this places upward pressure on the overall rate. With consideration of these comparable sales as well as the factors described herein, we conclude an overall rate below the mean, say 6.50%, is reasonable for the subject. The band of investment technique is based on the premise that properties are purchased with debt and equity capital and the overall capitalization rate must satisfy the market return requirements of both investment positions. In this methodology, separate capitalization rates for the debt and equity components are summed to calculate a single overall capitalization rate for the property. Reasonable loan rate and terms for the subject are 4.50% interest rate, 25-year amortization, and 75% LTV; the corresponding mortgage constant is 0.06670. For the equity component, limited data were available. RealtyRates.com reports retail equity dividend rates currently range from 7.81% to 17.67% with an average of 13.20%. South Florida assets are generally considered more desirable, comparatively. Therefore, we conclude 8.00% is a reasonable equity rate for the subject. The result is a capitalization rate of 7.00%. This analysis of the band of investment technique is shown within the following chart. Mortgage Component = M x Rm Equity Component = (1 - M) x Re OAR (Ro) = Mortgage Component + Equity Component Mortage Component = 0.75000 x 0.06670 = 0.05002 Equity Component = (1 - 0.75000) x 0.08000 = 0.02000 OAR = 0.05002 + 0.02000 OAR = 0.07002 OAR Rounded to: = 7.00% AUCAMP, DELLENBACKI 83 File 20-1819 INCOME CAPITALIZATION APPROACH This rate does not incorporate all effects of future adjustments in interest rates, downward adjustments for equity build-up, nor downward adjustments for property value appreciation. Market data are not readily available to precisely estimate such factors. The rates from these methods are between 6.50% and 7.00%. With weight on the comparable sales, we conclude a reasonable rate is 6.50%. Conclusions As shown in the following chart, we conclude the value of the subject upon construction completion and stabilization, via the income capitalization approach, is expected to be $3,775,000. Deductions are necessary for"as is" condition, as described below: 1. Proposed Renovations: The owner intends to gut renovate the vacant bay, update the electric and plumbing, and subdivide the space into 5 or 6 bays, at a reported cost of $290,000. Upon completion, the space will be considered a "white box." 2. Lease-Up Costs: • Rent Loss: A total of 12 months of rent loss is relevant during a two-year lease-up. Rent loss for 12 months is $123,120. • Broker Commissions: In order to secure new tenants, a reasonable broker commission is 5% of a new three-year lease, or $18,468. • Landlord TI: The landlord is providing a "white box" as previously stated with no additional landlord allowance necessary. 3. Rent Loss: The difference between market rent and contract rent for the 2nd floor office space is $16,992 ($57,000 - $40,008 annually). These leases are short term. A total of 6 months of rent loss is relevant during a one-year lease-up to market, which computes to $8,496, or $10,000, rounded. These deductions total $440,000. As shown in the following chart, we conclude the value of the subject in "as is" condition, via the income capitalization approach, is $3,340,000. AUCAMP, DELLENBACKI 84 File 20-1819 INCOME CAPITALIZATION APPROACH DIRECT CAPITALIZATION SUMMARY Ocean Ave Retail/Office Center,511-529 E Ocean Ave,Boynton Beach,Florida(20-1819) Rental Income Contract Rent (1st floor restaurant) (2,794 SF at$27.35/SF) $76,403 Market Rent (1st floor owner's space) (4,654 SF at $25.00/SF) $116,350 Market Rent (1st floor vacant space) (4,104 SF at $30.00/SF) $123,120 Market Rent (2nd floor office space) (2,850 SF at $20.00/SF) $57,000 Contract Rent (Apartments) (2,799 SF at $15.84/SF) $44,340 Recoverables (Restaurant RE Taxes) $5,588 Potential Gross Income $422,801 $24.58 Less Vacancy & Collection Loss (-6.0%) ($25,368) ($1.47) Effective Gross Income $397,433 $23.11 Less Operating Expenses Real Estate Taxes $68,804 $4.00 Property Insurance $34,402 $2.00 Utilities & Trash $4,300 $0.25 Repairs & Maintenance $25,802 $1.50 General &Administration $1,720 $0.10 Management Fees $12,041 $0.70 Miscellaneous $1,720 $0.10 Capital Reserves $3,440 $0.20 Total Expenses ($152,229) ($8.85) Net Operating Income $245,204 $14.26 Net Operating Income $245,204 Overall Rate 6.50% Capitalized Value Indication $3,772,374 Value Conclusion "upon completion &stablization" $3,775,000 Per SF $219 Less Adjustments Proposed Renovations ($290,000) Lease-Up Costs (Vacant Bays) ($140,000) Rent Loss (2nd floor office tenants) ($10,000) Adjusted Value Indication $3,335,219 Value Conclusion $3,340,000 Per SF $194 AUCAMP, DELLENBACKI 85 File 20-1819 RECONCILIATION AND FINAL VALUE CONCLUSIONS RECONCILIATION AND FINAL VALUE CONCLUSIONS The approaches provided the following value estimations for the subject property. VALUE INDICATIONS Cost N/A N/A Sales Comparison $3,460,000 $201 Income Capitalization $3,340,000 194 Market Value Conclusion $3,400,000 $198 The quality of market data in these approaches is good, and the methods of analysis are appropriate and reasonable. The sales comparison approach includes sale prices above and below the subject's value on a per square foot basis as well as above and below the subject's value on an absolute basis. The sales data are good and the value is well supported. The three adjacent parcels are considered as one economic asset herein. Therefore, no deductions are necessary for a single purchaser, as the most probable purchaser would purchase and retain the entire asset. The income approach is based on well-supported rents, expenses and rates. Contract rent and market rent were utilized herein as appropriate. When warranted, adjustments were made for the differences. Overall, the sales comparison approach and the income capitalization approach provide similar values. An investor is the most probable purchase who would likely place weight on the income capitalization approach. However, the sales comparison approach involves purchases by mostly investors. Therefore, weight is given to both approaches After careful and thorough investigation and analysis, we estimate market value for the leased fee interest in the subject real property in its "as is" condition, subject to assumptions and contingent and limiting conditions as well as any extraordinary assumptions and hypothetical conditions, as explained in this report, as of October 26, 2020, is: THREE MILLION FOUR HUNDRED THOUSAND DOLLARS ($3,400,000) AUCAMP, DELLENBACKI 86 File 20-1819 NORMAL MARKETING PERIOD AND REASONABLE EXPOSURE TIME NORMAL MARKETING PERIOD AND REASONABLE EXPOSURE TIME Normal marketing period is the most probable amount of time necessary to expose a property, in its entirety, to the open market in order to achieve a sale. Implicit in this definition are the following characteristics. 1. The property will be actively exposed and aggressively marketed to potential purchasers through marketing channels commonly used by sellers of similar type properties. 2. The property will be offered at a price reflecting the most probable markup over market value used by sellers of similar type properties. 3. A sale will be consummated under the terms and conditions of the definition of market value. The Market section has a chart showing median DOMs for similar sales in South Florida have been 12 months or less. Marketing times for most of the comparable sales in the sales comparison approach were less than 12 months; the marketing periods for the remaining sales were not available or just longer than 12 months. Most current listings with marketing periods exceeding 12 months have listing prices much higher than market prices. Market participants report relatively good demand for mixed-use properties in urban locations and report marketing periods are currently less than 12 months for similar properties. We conclude a reasonable marketing time for sale of the subject property in its "as is" condition and at a price similar to the estimate of market value is twelve months or less. Exposure time is the amount of time likely to have been experienced for sale of the subject property on the valuation date. We estimate a reasonable exposure time is twelve months or less based on the same market data. AUCAMP, DELLENBACKI 87 File 20-1819 PART 3: ADDENDUM CERTIFICATION I certify that, to the best of my knowledge and belief: ■ The statements of fact contained in this report are true and correct. ■ The reported analyses, opinions and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. ■ 1 have no present or prospective interest in the property that is the subject of this report, and I have no personal interest with respect to the parties involved. ■ 1 have no bias with respect to any property that is the subject of this report or to the parties involved with this assignment. ■ My engagement in this assignment was not contingent upon developing or reporting predetermined results, a specific valuation, or the approval of a loan. ■ My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. ■ The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. ■ The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. ■ The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the State of Florida. ■ The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. ■ Jonathan Whitney and Andrew Sperling made a personal, visual inspection of the readily accessible areas of the property that is the subject of this appraisal. ■ No one provided significant real property appraisal or appraisal consulting assistance to the person signing this certification. ■ As of the date of this report, we have completed the continuing education program of the State of Florida. AUCAMP, DELLENBACKI 88 File 20-1819 CERTIFICATION ■ As of the date of this report, Jonathan Whitney has completed the continuing education program of the Appraisal Institute. ■ The undersigned has not provided services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period preceding acceptance of this assignment. November 4, 2020 Andrew Sperling State-certified General Real Estate Appraiser RZ4177 November 4, 2020 Jonathan Whitney, MAI State-certified General Real Estate Appraiser RZ2943 AUCAMP, DELLENBACKI 89 File 20-1819 CONTINGENT AND LIMITING CONDITIONS CONTINGENT AND LIMITING CONDITIONS This appraisal is subject to the following contingent and limiting conditions: 1. The legal description and maps are assumed to be correct. 2. No responsibility is assumed for matters which are legal in character, nor is any opinion rendered as to title, which is assumed to be good and marketable. Any existing liens or encumbrances have been disregarded, and the property is appraised as free and clear. This appraisal is made, assuming that all public improvements of any kind affecting the property appraised are fully paid for, unless otherwise specifically set forth in the property description. 3. No survey has been made of the property on behalf of the appraisers and no responsibility is assumed in connection with such matters. The sketches contained in this report are for illustrative purposes only and are included to assist the reader to better visualize the property. The information furnished by others is believed to be reliable and no responsibility is assumed for its accuracy. 4. In this report, the distribution of the total valuation between land and improvements applies only under the existing program of utilization. The separate valuations for land and improvements must not be used in conjunction with any other appraisal and are invalid if so used. 5. Possession of this report, or a copy thereof, does not carry with it the right of publication, nor may it be used for any purpose by any but the recipient without written consent of the appraiser. 6. The contract for appraisal, consultation, or analytical service is fulfilled and total fee is payable upon completion of the report. The appraisers will not be required to give testimony in court or hearing because of having made the appraisal in full or in part, nor engage in post- appraisal consultation with the client or third parties, except under separate and special arrangement and at additional fee. 7. The appraisers may not divulge material contents of the report, analytical findings or conclusions or give a copy of the report to anyone other than the client or his designee as specified in writing, except as may be required by the Appraisal Institute as it may request in confidence for ethics enforcement or by a court of law of body with the power of subpoena. 8. Liability of Aucamp, Dellenback & Whitney is restricted to the client. Aucamp, Dellenback & Whitney has no accountability or liability to any third party. 9. It is assumed there are no hidden or unapparent conditions of the property, subsoil or structures which make it more or less valuable. The appraiser assumes no responsibility for such conditions or engineering which might be required to cover these facts. No topographical survey was provided. 10. No environmental impact study, special market study or analysis, highest and best use analysis or feasibility study has been requested or made unless otherwise specified in an agreement for services or in the report. The appraiser reserves the unlimited right to alter, amend, revise or rescind any of the statements, findings, opinions, values, estimates or AUCAMP, DELLENBACKI 90 File 20-1819 CONTINGENT AND LIMITING CONDITIONS conclusions upon any subsequent such study or analysis or previous study or analysis subsequently becoming known to him. 11. The market value estimated and the cost used are as of the date of the estimate of value. All dollar amounts are based on the purchasing power and price of the dollar as of the date of the value estimate. 12. This appraisal expresses our opinion and employment to make this appraisal was in no way contingent upon reporting a predetermined value or conclusion. The fee for this appraisal or study is for the service rendered and not for time spent on the physical report. 13. The value estimated in this appraisal report is gross without consideration given to any encumbrance, restriction, or question of title unless specifically defined. The estimate of value in the appraisal report is not based in whole or in part upon race, color or national origin of the present owners or occupants of properties in the vicinity of the property appraised. 14. Responsible ownership and competent property management are assumed. 15. It is assumed that there is full compliance with all applicable federal, state and local environmental regulations and laws, unless noncompliance is stated, defined and considered in the appraisal report. 16. It is assumed that all applicable zoning and use regulations and restrictions have been complied with, unless a non-conformity has been stated, defined and considered in the appraisal report. 17. It is assumed that all required licenses, certificates of occupancy and consents or other legislative or administrative authority from any local, state or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. 18. It is assumed that the utilization of the land and improvements is within the boundaries of the property lines, that the property described in that there is no encroachment or trespass unless noted in the report. 19. Authentic copies of this report are signed in ink. 20. Unless otherwise stated in this report, the existence of hazardous substances, including without limitation asbestos, polychlorinated biphenyls, petroleum leakage, or agricultural chemicals, which may or may not be present on the property, or other environmental conditions, were not called to the attention of nor did the appraiser become aware of such during the appraiser's inspection. The appraiser has no knowledge of the existence of such materials on or in the property unless otherwise stated. The appraiser, however, is not qualified to test such substances or conditions. If the presence of such substances, such as asbestos, urea formaldehyde foam insulation, or other hazardous substances or environmental conditions may affect the value of the property, the value estimated is predicated on the assumption that there is no such condition on or in the property or in such proximity thereto that it would cause a loss in value. No responsibility is assumed for any such conditions, nor for any expertise or engineering knowledge required to discover them. AUCAMP, DELLENBACKI 91 File 20-1819 CONTINGENT AND LIMITING CONDITIONS 21. The Americans with Disabilities Act (ADA) became effective January 26, 1992. The appraisers have not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this fact could have a negative effect upon value of the property. Since the appraisers have no direct evidence relating to this issue, possible noncompliance with the requirements of ADA in estimating the value of the property has not been considered. 22. The report may contain estimates of prospective value for the subject property. Forecasts and prospective values are based upon current market conditions and trends. Aucamp, Dellenback & Whitney cannot be held responsible for unforeseeable events that alter market conditions prior to the prospective dates. 23. Acceptance and/or use of this appraisal report constitutes acceptance of the preceding conditions. AUCAMP, DELLENBACKI 92 File 20-1819 HYPOTHETICAL CONDITIONS AND EXTRAORDINARY ASSUMPTIONS HYPOTHETICAL CONDITIONS AND EXTRAORDINARY ASSUMPTIONS Hypothetical Conditions This appraisal is subject to the following hypothetical conditions: None Extraordinary Assumptions The following extraordinary assumption is important for supporting the value conclusion(s) in this report, and value conclusion(s) may be significantly affected without this extraordinary assumption. This appraisal is subject to the following extraordinary assumptions: 1. The uninspected units have similar condition and quality to the inspected units. 2. The proposed improvements are completed according to the description and timeline herein. AUCAMP, DELLENBACKI 93 File 20-1819 DEFINITIONS DEFINITIONS Market Value The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition are the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby. • buyer and seller are typically motivated; • both parties are well informed or well advised, and acting in what they consider their own best interests; • a reasonable time is allowed for exposure in the open market; • payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and • the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. (Source: Interagency Appraisal and Evaluation Guidelines, Federal Register, Volume 75, No. 237, December 10, 2010) Bulk Value The value of multiple units, subdivided plots, or properties in a portfolio as though sold together in a single transaction. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 27) Market Rent The most probable rent that a property should bring in a competitive and open market reflecting the conditions and restrictions of a specified lease agreement, including the rental adjustment and revaluation, permitted uses, use restrictions, expense obligations, term, concessions, renewal and purchase options, and tenant improvements (TI). (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 140) Prospective Opinion of Value A value opinion effective as of a specified future date. The term does not define a type of value. Instead, it identifies a value opinion as being effective at some specific future date. An opinion of value as of a prospective date is frequently sought in connection with projects that are proposed, under construction, or under conversion to a new use, or those that have not yet achieved sellout or a stabilized level of long-term occupancy. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 180) Retrospective Value Opinion A value opinion effective as of a specified historical date. The term retrospective does not define a type of value. Instead, it identifies a value opinion as being effective at some specific prior date. Value as of a historical date is frequently sought in connection with property tax appeals, damage models, lease renegotiation, deficiency judgments, estate tax, and condemnation. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 201) AUCAMP, DELLENBACKI 94 File 20-1819 DEFINITIONS Investment Value The value of a property interest to a particular investor or class of investors based on the investor's specific requirements. Investment value may be different from market value because it depends on a set of investment criteria that are not necessarily typical of the market. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 121) Liquidation Value The most probable price that a specified interest in real property should bring under the following conditions: 1. Consummation of a sale within a short time period. 2. The property is subjected to market conditions prevailing as of the date of valuation. 3. Both the buyer and seller are acting prudently and knowledgeably. 4. The seller is under extreme compulsion to sell. 5. The buyer is typically motivated. 6. Both parties are acting in what they consider to be their best interests. 7. A normal marketing effort is not possible due to the brief exposure time. 8. Payment will be made in cash in U.S. dollars (or the local currency) or in terms of financial arrangements comparable thereto. 9. The price represents the normal consideration for the property sold, unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 132) Insurable Value A type of value for insurance purposes. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 119) Replacement Cost The estimated cost to construct, at current prices as of a specific date, a substitute for a building or other improvements, using modern materials and current standards, design and layout. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 197) Limited-Market Property A property(or property right) that has relatively few potential buyers. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 13 1) Special-Purpose Property A property with a unique physical design, special construction materials, or a layout that particularly adapts its utility to the use for which it was built; also called a special-design property. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 217) AUCAMP, DELLENBACKI 95 File 20-1819 DEFINITIONS Fee Simple Estate Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 90) Leased Fee Interest The ownership interest held by the lessor, which includes the right to receive the contract rent specified in the lease plus the reversionary right when the lease expires. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 128) Leasehold Interest The right held by the lessee to use and occupy real estate for a stated term and under the conditions specified in the lease. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 128) Real Property The interests, benefits, and rights inherent in the ownership of real estate. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 188) Personal Property Identifiable tangible objects that are considered by the general public as being "personal'—for example, furnishings, artwork, antiques, gems and jewelry, collectibles, machinery and equipment; all tangible property that is not classified as real estate.. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, pages 170) Intended Use The use or uses of an appraiser's reported appraisal or appraisal review assignment opinions and conclusions, as identified by the appraiser based on communication with the client at the time of the assignment. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 119) Intended User The client and any other party as identified, by name or type, as users of the appraisal or appraisal review report by the appraiser on the basis of communication with the client at the time of the assignment. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, pages 119) Hypothetical Condition A condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results, but is used for the purpose of analysis. Hypothetical conditions are contrary to known facts about physical, legal, or economic characteristics of the subject property; or about conditions external to the property, such as market conditions or trends; or about the integrity of data used in an analysis. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 113) AUCAMP, DELLENBACKI 96 File 20-1819 DEFINITIONS Extraordinary Assumption An assumption, directly related to a specific assignment, as of the effective date of the assignment results, which, if found to be false, could alter the appraiser's opinions or conclusions. Extraordinary assumptions presume as fact otherwise uncertain information about physical, legal, or economic characteristics of the subject property; or about conditions external to the property such as market conditions or trends; or about the integrity of data used in an analysis. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 73) Prudent and Competent Management An owner, operator, or management company that maintains and uses real estate in a manner consistent with the manner in which typical buyers of similar properties would consider appropriate as measured by actual practices in the competitive market. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 180) Arm's Length Transaction A transaction between unrelated parties who are each acting in his or her own best interest. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 13) Surplus Land Land that is not currently needed to support the existing use but cannot be separated from the property and sold off for another use. Surplus land does not have an independent highest and best use and may or may not contribute to the improved parcel. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 227) Excess Land Land that is not needed to serve or support the existing use. The highest and best use of the excess land may or may not be the same as the highest and best use of the improved parcel. Excess land has the potential to be sold separately and is valued separately. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 80) Entrepreneurial Incentive The amount an entrepreneur expects to receive for his or her contribution to a project. Entrepreneurial incentive may be distinguished from entrepreneurial profit(often called developer's profit) in that it is the expectation of future profit as opposed to the profit actually earned on a development or improvements. The amount of entrepreneurial incentive required for a project represents the economic reward sufficient to motivate an entrepreneur to accept the risk of the project and to invest the time and money necessary in seeing the project through to completion. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 76) AUCAMP, DELLENBACKI 97 File 20-1819 AREA DESCRIPTION AND ANALYSIS AREA DESCRIPTION AND ANALYSIS FLORIDA Florida is a major U.S. state as seen in population and employment figures. As of 2018, Florida's estimated population was 20,878,686 according to the ESRI. Among the 50 states, Florida is ranked as the fourth most populous state. Florida is forecasted to have an annual growth rate of 1.41% over the next five years. The majority of job growth in the next ten years likely will come in the service industry led by new jobs in business services, health care, and government employment. Manufacturing will continue to be a relatively reduced part of the state's economy. Florida's geography, climate, and location are important reasons for its population and economic growth. Florida's coastline with 1,197 miles along the Atlantic Ocean and Gulf of Mexico is the longest of any state, except Alaska. Temperature variations are mild, and the southern part of the state has a subtropical climate. Florida is strategically located for access to the Caribbean Islands as well as to South and Central America. SOUTH FLORIDA South Florida is the tri-county region consisting of Miami-Dade, Broward, and Palm Beach. The metropolitan area stretches from Miami to West Palm Beach, a distance of about 65 miles, and extends 15 to 20 miles west from the Atlantic Ocean. The three counties are the state's three most populous with an estimated population of 6,076,113, as of 2018, and comprised almost one-third of the state's population. The South Florida region experienced explosive growth starting in the 1950s when air- conditioned homes made round year living more comfortable. Moving forward, the tri-county region is forecasted to grow at a much slower pace than the past 70 years. Per ESRI, the average growth rate is projected to be between 1.05% and 1.25% during the next five years. Population growth has largely been migration from northern U.S. states and Canada as well as South American countries and Caribbean Islands. Economic growth in South Florida is centered on services and retail trade for tourists, seasonal residents, permanent residents and retirees. Real estate construction has been a strong economic contributor over the past 50 years. South Florida is also known as a major export/ import center for trade with South America and as an attractive location for some clean, high- tech industries. Within this region, a primary trend has been northward movement of population from Miami- Dade County into Broward County, and from Broward County into Palm Beach County. This trend accelerated with the dislocation of residents due to Hurricane Andrew in 1992. The movement continues today as residents seek less traffic congestion in comparison to Miami- Dade County. AUCAMP, DELLENBACKI 98 File 20-1819 AREA DESCRIPTION AND ANALYSIS PALM BEACH COUNTY Palm Beach County is located along Florida's southeast coast on the Atlantic Ocean to the east and Lake Okeechobee to the west. The county is located about 15 miles north of Fort Lauderdale, 40 miles north of Miami, 175 miles south of Orlando, and 270 miles south of Jacksonville. Palm Beach County, with approximately 1,974 square miles of land area, is one of the largest counties in the United States and is the third largest of Florida's 67 counties. Elevation changes range from 0-20 feet with the average elevation at 15 feet above sea level. The terrain is generally sandy and flat with some gently sloping coastal ridges. The county's subtropical climate has an average temperature of 75 degrees Fahrenheit. Winters are mild because of the proximity to the warm Gulf Stream currents of the Atlantic Ocean. Prevailing winds are from the east. Average annual rainfall is 62 inches. Palm Beach County contains 39 incorporated municipalities mostly located east of Florida's Turnpike. County government, mainly located within West Palm Beach, handles the unincorporated areas. Population growth has put constant pressure on government planning and services. Land Use Pattern Palm Beach County has a well-established area of urban development as well as a major nature reserve area and productive agricultural area. The urban corridor stretches along the eastern portion of the county while nature reserve and agricultural areas are located in the middle and western portions of the county. Several small coastal communities in Palm Beach County were initially developed in the early 1900s. These small cities and towns were separated from each other with agricultural land or vacant land. By about the 1980s, the land was developed and the coastal area become one continuous developed urban /suburban corridor. This corridor now represents continuous development from the municipalities of Boca Raton to Tequesta. Most undeveloped land is located to the west of this eastern urban / suburban corridor. Several eastern coastal downtown areas developed between the 1920s and the 1960s, including Boca Raton, Delray Beach, Boynton Beach, Lake Worth, and West Palm Beach, are now experiencing redevelopment and gentrification. The nature reserve area consists of a north-south corridor to the west of the urban corridor. This area consists of the large Loxahatchee National Wildlife Refuge in the south and central portion and several other natural areas in the north portion: Dupuis Reserve State Park, J.W. Corbett Wildlife Management Area, West Palm Beach Catchment Area, and Jonathan Dickinson State Park. The agricultural reserve area in southeast Palm Beach County produces vegetables and ornamental plants while the agricultural area in western Palm Beach County is active in sugarcane production. Belle Glade, Pahokee, and South Bay are the three communities within the western agricultural area. AUCAMP, DELLENBACKI 99 File 20-1819 AREA DESCRIPTION AND ANALYSIS Population Per ESRI, the county has an estimated population of 1,444,799 representing about 7% of the state's population. Population growth from 2018 to 2023 is projected at 1.24%, which is slightly less than the state's projected growth rate at 1.41%. The county's comparatively lower future growth rate reflects the county's advanced stage of development and diminishing supply of land available for development. Economy Palm Beach County has an employment base comprised mostly of several sectors: Trade, Transportation and Utilities; Professional and Business Services; Education and Health Services; and Leisure and Hospitality. These sectors are geared toward the seasonal and retiree segments that have been large part of the county's population. Per the Palm Beach County Business Development Board, Palm Beach County's labor force consists of over 700,000 people. The county's unemployment rate is 3.6% as of the end of 2017, which is less than the State of Florida at 3.7% and United States at 3.9%. Furthermore, the county's employment growth from December 2015 to July 2018 has been 1.9% annually. Housing The Palm Beach County Business Development Board indicates Palm Beach County has a total of 683,543 housing units with a homeowner vacancy rate of 2.4% and a rental vacancy rate of 9.74%. Per ESRI, the median home price in Palm Beach County in 2018 is $265,386, which is higher than the state median home price at $212,954. Services The county has good medical care facilities consisting of 34 hospitals and 1,992 physician offices. A recent trend in local health care is construction of satellite facilities with outpatient services. The School District of Palm Beach County is the 10th largest public school district in the United States. The District reports an annual enrollment of 193,000 students and 22,340 employees. Numerous private schools are also available. Overcrowding is present in some areas. Prominent academic colleges in the county consist of Florida Atlantic University in Boca Raton, Palm Beach State College with four branch campuses, Palm Beach Atlantic University in West Palm Beach, and Lynn University in Boca Raton. The county has many vocational, technical, and charter schools. Public water and sewer utilities are provided throughout the county by either incorporated municipalities, special districts, or by the county. Telephone service is provided by BellSouth and other telecommunication vendors. Standard electric service is generally available from Florida Power and Light. Natural gas is provided by main or delivered as liquefied petroleum gas by Peoples Gas System. Transportation in Palm Beach County consists of Palm Beach International Airport (PBIA), Palm Beach Park Airport, Palm Beach County Glades Airport, North County Airport, Boca Raton Airport, Palm Tran, Port of Palm Beach and Tri-Rail. PBIA is conveniently located to serve the air trade area of Palm Beach County and the four surrounding counties. The 600,000 square foot airport accommodates 28 aircraft gates with expansion potential for 24 gates. The airport reports a passenger count of 6.5 million in the past year (mid-2017 to mid-2018), which is an AUCAMP, DELLENBACKI 100 File 20-1819 AREA DESCRIPTION AND ANALYSIS increase of 2.7% year-over-year. The Boca Raton Airport, the Palm Beach Park Airport and the North County Airport are general aviation airports serving private and corporate airplanes. Palm Tran is a public bus service in Palm Beach County. Palm Tran has been in service since 1971, runs seven days a week serving more than 3,200 bus stops with 150 buses in Palm Beach County. It has a ridership of over 10 million passengers a year. Tri-Rail is also a means of public transportation in Palm Beach County. Formed in 1987, this light-rail system extends roughly 72 miles and runs parallel to Interstate 95 from West Palm Beach to Miami serving 18 stations. Ridership exceeded 4.2 million passengers in 2016. Brightline is a recently constructed privately-held high-speed rail service serving Miami, Fort Lauderdale and West Palm Beach. Future expansion involves service to Orlando and other Florida cities. Port of Palm Beach is one of the busiest container ports in Florida with over 2,500,000 tons of cargo shipped annually. The port also services over 500,000 cruise passengers. Trends Palm Beach County has well established urban and agricultural areas. Economic soundness is supported with a higher than average income, expanding employment centers, a wide range of commercial and public services and facilities, and many recreational opportunities. The county is poised for further growth. Future trends show modest population growth and a favorable outlook for Palm Beach County's economy. Population trends indicate further migration to the county will continue, and jobs will continue to increase and fuel economic growth in the county. Problems typically associated with growth will continue to challenge Palm Beach County. The major challenges are schools, transportation and utilities to meet the needs of a growing population. AUCAMP, DELLENBACKI 101 File 20-1819 AREA DESCRIPTION AND ANALYSIS �MI Area in Square Mies: 2,578 Population w10 Lake Okeechobee(miles) 1,974 2016 ACS(American Community Survey) 1,443,810 Average Max.Temp.: 83(f) 2010 Census 11,320,134 Average Low Temp.. 67(f) Average Temp.: 75(f) Population Projecticns Average Annual Percipitation: 62(in.) 2020 1,465,944 Time Zone: Eastern 2030 1,619,094 2040 1,735,114 Meeting Facilities Resontsfl-lotelsA-oclging Facilities 2001 ResortsfHotels with Meeting Space 5D Total Rooms 17,000 ,Convention Center Total Meeting Space(s.f.) 148,00D Total Space(s-f.) 350,00D Medic al[2016) Hospitals 34 Physicians'Offices 1,992 Dentists'Offices 756 Sex &Age p016 ACSJ Financial 12017) Male 69,13,414 Banks 55 Female 745,396 Branch Banking Offices 455 Under 5 74,578 Deposits(mililiGns) $50,628 5-14 years, 15,51270 15-19 years 81,177 Labor FGrce 12616 avg-) 20-34 years 251,216 Labor Force 71,D,513 35-44 years 164,543 Employment 676,285 45-59 years 291,552 Unemployment Rate 4.843% 60-74 years 254,547 75+years 1713,927 Total Nonagricultural Employment(thousands) 6D8-1 Median age 44.7 Goods Producing 53-5 Construction 34-3 Housing 12016 ACS) Mainufacturling 19-1 Total housing units 683,543 Service ProvOing 554-6 Occupied housing units 536,446 Wholesale Trade 23-4 Vacant housing units 147,0,97 Retail Trade 7907 Homeowner vacancy rate 2.4 Trans.,Warehousing&Utilities 123 Rental vacancy rate 97 Information 1U09 Average household size 165 Financial Actvitos 39-8 Finance and insurance 237 Economic [2016ACS) Professional and Business Services 1,10-0 County Average'Nage(2016) $51,843 Pro.,Scientific&Tech.Services 46-3 Median Fam illy Income $7{),930 Mngt-of Companies&Enterprises 11-0 Per Capita Income $3,5,732 Administrative and Waste Services 52-7 Median Earnings For Male Education and 1-leafth Services 96-9 FuIll-Time,Year-Round Workers $45,116 Leisure and FilospitaAfty 86-2 Median Earnings For Female Accommadation&Food Services, 6800 Fuil-Tlme,Year-Round Workers $3,9,032 Other Services 327 Education(2016ACq B— R.Od.Dz�, d rE—k Opp t-A4,USC— E—a xe Enrollment(K-1 2) 209,950 C. "It'S—y MI 9,Fkrd.D—.gaphk Ea-d.g 0-ft— 2017,FdrW Education attalinment-25 years+ 1,054,130 D-P.a�"—C -G—ny 0.P..ft.1—2017,Pad.G—h C—M C--b- and%ftftwA Sc7r� %Sachelcfs degree or Ngher 35.{)% Business Der,Dlcpment Board of Pain Beach County,Inc. www.bdb.aq AUCAMP, DELLENBACK&WHITNEY 102 File#20-1819 AREA DESCRIPTION AND ANALYSIS I IBM" i 4ry a MOM JAiN FEB PMR APR MAY JUN JUL AIG SEP OCT NOV DEC 2015 692AM 685,827 643,655 6a4;402 690.177 EaOf262 6a0,579 682,0&5 6a5,OS3 684.553 U8,122 E87,900 20 6 696,476 700,502 I 6 3,r337 694,831 696,424 694,259 703,854 699.012 703.926 788055 714,325 71x,148 M17 721,297 724,U6 1728.225 728,075 726423 729,697 729.247 725,124 724.927 722.244 723,€771 723.52.5 Source:Local area Unernploeymem Statistics,Flcfida Ueoartment of Econornic,Upportunny 6s U,. �e y �r ,, x. JrtA FEE Kin! mpRN,%7 im mr 0 06 C 205 5.2 6.G' SO 4.7 51 5.2 5.6 1 5,5 5.2 4.9 4.6 4.5 :2019 4.9 4.s 4.5 4.5 4,2 4.9 5:2 1 5.1 5.1 5.i 4.9 4.7 2017' 5.2 Source:Local urea rinemployrn nt Statistics,Florida Department of E:camomic opf rtunitV Pa im Math,Qm ney,State and NzCo M Une mplapv and Raw Co mpnAisan 2017'. . 5.2 5.:2: 5. 55 4..y' 4-1 4. C 4.24.;3 4. _, '8.19 4-6 4.1 4.6 „ 3.eg 4-0 4.11 3,a 4.4 4.2 4.5 1101 Al, 3. 3w8 4."l 3.6 Smurce:L al Area Unemployment 8ut stics,Florida Department of Economic.Opportunity AUCAMP, DELLENBACKI 103 File 20-1819 ENGAGEMENT LETTER ENGAGEMENT LETTER AUCAMP# _ . .._ s Otrtoher 2,2020 Mr l'J CTMEJ S11110 E XeCLJ UVP 01rector Boynton Beach Cc,rnmunity Redevelopment Agency 100--Oce on Ave Boynton Beach, FL 88435 RE: Appraisal of Real Property Retail Office Property 5 11 —529,E Ocean Ave Boynton Seachw i-L 33435 Gear Mr. Simon, As requester',we are pieused to submit this ongagament letter for Auramp,Fllellenbacta 'a hillney to provide appraisal services.The F0, HD ging nut ines the ucrjpt ❑f wook for €Iii's assignment: lierl,l: Boynton Heath Community Redevelc,i3ra ent Agency User: Boynton Beach COMMUnity Re evelmpment Agency Use: Apmisior ce relaled to businesi5 docmions Purpose: 5stimate Market Value in Gas is:" rondatinn Real Property: 511 ,-520 E C an Ave, Boynton r3each,,t7L.33435 Interest: Fee Simple?iv rust and-or Leased Fee Inti-mt{most rellevant utillized' Valuation Cate: Curtent Date aluaiiiuti Appi ue,clias:: Sales ermpads n Approamnil-or Inclorne pl9allza lon Approacm Site Visit: Yes(Interior and ` tenor) Report Fouoat; Appraisal Repoi,t Fee, 3,GCO(iue at s:-ompte4ion) DeliveryWithin 2 -3 weeks of enga ern nt Other: The u4jei�t consEsts of lluee adjacemil mut{iple-tenant,office-retail aaildirags Lary aPe and aararover3 value rill nary riisc Fc r3,with the higher of the two values used as the basis for the, marknl vralu corau�usion.. AUCAMP, DELLENBACK&WHITNEY 104 File 20-1819 ENGAGEMENT LETTER AUCA�. t F, DELLENBACK & WHITNEY APPRAISE GONaJLIANI This-appraisal aasslicgnm n1 and Feporl wif tm preparers iri aurord nc.e wilh't requirements of the 4Jnrifonr Standards;of Professicrr t Appraisal PTact.ice (US PAP)develiop d by the Apprais,ai standards,Board of the Appraisal Fuundatij n, with the Arppizi al lris iitute's Grade of Prr hessional Ethos and5tandards of Professional;,Appr''r5 t Practice, and with the requirements of the State of Florida for state+-nertified general real estate app4sors. Allynd,all casts, incruding court:Costs artd oru altooley costs, A id4 xriitY non-payment QF Ihp tuJl appraisal fee will,be,:paid by the cli'cunt as liqtcd herzi)n, We Io ok tarvmfd to wotkcriirg with you on, this as ignarient, Please contact me it you haVe any quesuons Respecffuthy submitted, J,c,..athanWhitney, MAI State cert jed Gervfzll Reall Estate Ao maser RZ294 °a01I 60�-288 AjKL NT A t li A GRE17M NT qty,signa rare indiaares a krro%0e gennrent and arg,reerrrent with ffie above terms,and condil.ion for pefformin'r titris assignment.. Auttionzed Stgnature state 3'wn Na rias AUCAMP, DELLENBACK&WHITNEY 105 File 20-1819 ENGAGEMENT LETTER DELLE'1N13,A,.C'1,'X" & WH1r1`N1­'A,` A'(..TCAMP� Public Records TNe Boynton BeAch,Con-inturaity Redevelopment Agency is public agencv subiject lo Chapter 119, Florida Statutes. The Contraciorst-rall,comp[y Wth Florlida's Pubilic Rerord's Law. Specifically,the Contractor shall. 1. Keep and mai,ntairi publir,records that crdlinahly and necessarily waul'd be required by the CRA in wrfer to perforrn the service; 2. Prowide the p.AylJG with assess to SUGh PUbnc recards on lfie carne turrn.,�aind r,ondifioris that the-CRA would provide the recrirds and al a cost Mat does not exceeW that provided rn cl-,iaplef 11 , Fla-Slat., air as otherwilse provided by law" I Ensure that publi.c records that are exempt or that ate mifideniial and exempi frogs public iec aid requirenterils ere not,disclosed except as authoriized by law,andi 4, Most all requieernents for retai+,rung publtl recordk ;And lransfEr to the CRAat no cost,, all publit,records in possession cf the contractor upon terminabon of flie conlraicl and deFilroy ainy duplicate public rc-cuffs fl mi afe exernp! or confidential and exempt.All records stored electronically must,be provided to the City ir a format that is compatible with the infor-mallun tef hinn,logy r.ystenns of the agency The failure of Contractor to comply wilth Vie provi�ions set forth;in this agreemenUccintract shall constitute --Defauit and Brea,ch,of thiis Agreement, 11 Contractor fails to cufu the default within, seven (7}days'notice frarn We CPA, the CRA may IcTi-ninate',:he Agrecment. AUCAMP, DELLENBACK&WHITNEY 106 File#20-1819 APPRAISER QUALIFICATIONS AND LICENSE APPRAISER QUALIFICATIONS AND LICENSE QUALIFICATIONS OF JONATHAN D. WHITNEY, MAI State-certified General Real Estate Appraiser, RZ 2943 JONATHAN D. WHITNEY, MAI Aucamp, Dellenback & Whitney 1900 NW Corporate Blvd, Suite 215E Boca Raton, FL 33431 is jon(o-)-adw-appraisers.com 561-609-2884 Professional Experience Aucamp, Dellenback & Whitney, Boca Raton, FL, 2003 - Present Real Estate Appraisers & Consultants • Principal, 2016 - Present • Commercial Real Estate Appraiser, 2003 - Present Jonathan Whitney is approaching 20 years of valuing commercial real estate in the South Florida market. He heads the team of six commercial real estate appraisers for independent Aucamp, Dellenback & Whitney (ADW), and values all major real property types: industrial, office, retail, and multifamily. Valuation assignments also include vacant development sites, residential subdivisions /condominiums, mixed-use buildings, and special-purpose properties. His partner, David Aucamp, SRA, heads the residential side of their firm with a separate team of seven residential appraisers. ADW's primary service area includes the tri-county South Florida region (Miami-Dade County, Broward County, and Palm Beach County). Clients mostly include lenders, but also include investors, property owners, developers, brokers, attorneys, CPAs, and associations. Real estate appraisal and consulting assignments involve estimating market value and-or market rent, and providing expert witness testimony. Valuation assignments range between relatively straight forward assignments to multiple-phased projects with complex cash flow considerations. Education Master in Arts in Business, University of Florida, 2000 Bachelor of Science in Economics, University of Florida, 1999 Boca Raton Community High School, 1995 AUCAMP, DELLENBACKI 107 File 20-1819 APPRAISER QUALIFICATIONS AND LICENSE Activities and Affiliations Florida State-certified General Real Estate Appraiser, RZ 2943, 2006 - Present Florida State-registered Associate Appraiser, RI 11475, 2003 - 2006 Appraisal Institute • Board of Directors, South Florida Chapter, 2018 - Present • Designated Member (MAI), 2013 - Present • Associate Member, 2004 - 2013 Planning and Zoning Board, City of Boca Raton • Member, 2019 - present Zoning Board of Adjustment, City of Boca Raton • Vice Chair, 2017 - 2018 • Member, 2013 - 2018 Urban Land Institute (ULI) • Associate Member, 2019 - Present Commercial Real Estate Development Association (NAIOP) • Member, 2019 - Present Boca Raton Federation of Homeowners • Executive Board Member, 2018 - 2019 Boca Raton Chamber of Commerce Member • Member (ADW), 1990s - Present • Leadership Boca, Class of 2016 National Association of Divorce Professionals (NADP) Member • Member, 2017 - 2019 Boca Raton Downtown Rotary Club Member • Member, 2016 - Present • Mayors Ball Committee Member, 2016 - Present Spanish River Church • Elder, Spanish River Church, 2017 - Present • Member/Various Leadership Roles, 2011 - Present AUCAMP, DELLENBACKI 108 File 20-1819 APPRAISER QUALIFICATIONS AND LICENSE Recent Appraisal Institute Courses (sampling of recent courses) USPAP (Uniform Standards of Professional Appraisal Practice) Update, 2018 Florida State Law for Real Estate Appraisers, 2018 Business Practice & Ethics, 2018 Appraising Automobile Dealership, 2018 Supervisory Appraiser/Trainee Appraiser Course, 2018 Technology Tips for Real Estate Appraisers, 2018 Advanced Applications, 2009 Advanced Income Capitalization, 2009 Advanced Sales Comparison and Cost Approaches, 2008 Report Writing and Valuation Analysis, 2008 Office Building Valuation: A Contemporary Perspective, 2007 RICK SCOTT,GOVERNOR JONATHAN ZACHEM,SECRETARY bIti dpi STATE OF FLORIDA DEPARTMENT OF BUSINESS Al U PROFESSIONAL REGULATION FL0RIC?�A R�� I Il�"I�TE API�F U 1SAL BD 3 THE CERTIRED GE ��AI{F }a��� ��� �'1� ��� (EIED UNDER THE Y �F ��ICt� � �T r t F t"1 i PRC3VI � f4Fl� IA475F31 � �`STTUTES '[,�f 14 1 i■t � t "'0' F St SS 7rf�il 1 � tt�r S 5 f{4 F }c,aF F g { it i f I A,i 1`S S At R r �4F .t t -ip�ltt Y E14 IC+ ''CtA1F .UE#vIBER 30,20120 EXPIRAT Always verify licenses online at MyFloriclal-kense.corn Do not alter this document in any farm. This is your license.It is unlawful for anyone Cather than the licensee to use this document. AUCAMP, DELLENBACKI 109 File 20-1819 APPRAISER QUALIFICATIONS AND LICENSE APPRAISAL QUALIFICATIONS OF ANDREW SPERLING State-certified General Real Estate Appraiser, RZ 4177 PROFESSIONAL AFFILIATIONS AND ACTIVITIES Florida State-certified General Real Estate Appraiser, RZ 4177 WORK EXPERIENCE September 2017 - Present Staff Appraiser, Aucamp Dellenback & Whitney Boca Raton, FL Commercial Appraiser EDUCATION Florida State University - FL Bachelor of Science, Business Administration, Finance, 2017 Bachelor of Science, Real Estate, 2017 Appraisal Courses: The Uniform Standards of Professional Appraisal Practice (USPAP) Update, 2020 Florida Real Estate Laws and Rules, 2020 General Appraiser Income Approach, 2020 Income Approach Case Studies for Commercial Appraisers, 2020 Commercial Land and Site Valuation, 2020 Basic Appraisal Principles, 2017 Basic Appraisal Procedures, 2017 Residential Report Writing, 2017 Financial Statistics and Valuation Modeling, 2017 AUCAMP, DELLENBACKI 110 File 20-1819 APPRAISER QUALIFICATIONS AND LICENSE Ran DeSantis,Governor Halsey Beshears,5e—bry Florida STATE OF FLORIDA pr DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL TAT APPRAISAL BD . .. THE CERTIFIED GENgR��� PPI I$f j IA E] TIFIED UNDER THE PROUISI "516 F CH �{ 5 FLS r }I t TQTUTES � ��I t££ai41, �f Y r l SP ���r � llliy�yYlry�� fW L Y }kip ts� t "llll�rs F S. DILE° �UK1FE12 RZ!1�77 EXPIRATION DATE:NOVEMBER 30,2022 Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. ® - This is your license.It is unlawful for anyone other than the licensee to use this document. AUCAMP, DELLENBACKI 111 File 20-1819 Simon, Michael From: Christian Macoviak <cmacoviak@oyerinsurance.com> Sent: Thursday, July 1, 2021 8:55 AM To: Simon, Michael Cc: Shutt, Thuy;Tara Duhy (tduhy@llw-law.com); Harvey Oyer(hoyer@shutts.com) Subject: RE: 500 Ocean Properties Good morning Michael, Thank you for the information. Just let me know if there is anything that you need from me. Have a great day. Mrs. Christian Macoviak, Vice-President Oyer, Macoviak and Associates Phone 561-732-9305 ext. 6206 Toll Free 800-397-8780 Direct Line (Text) 561-910-6206 Fax Line 561-364-9848 Email: cmacoviak@oyerinsurance.com Website: www.oyerinsurance.com From: Simon, Michael <SimonM@bbfl.us> Sent: Wednesday,June 30, 20215:17 PM To: Christian Macoviak<cmacoviak@oyerinsurance.com> Cc: Shutt,Thuy<ShuttT@bbfl.us>;Tara Duhy(tduhy@llw-law.com) <tduhy@llw-law.com>; Harvey Oyer (hoyer@shutts.com) <hoyer@shutts.com> Subject: RE: 500 Ocean Properties Good afternoon Christian: The Assistant Director,Thuy Shutt and I have discussed the possible purchase item with CRA legal counsel. We believe that with all of the unsettled issues surrounding our 115 N. Federal Highway property the best course of action at this stage would be to present that the Agency has the opportunity to purchase your property for the price of$3.6 million pending further discussions with the owner regarding the disposition of the current leases,tenants and financial structure for the CRA's acquisition. In addition to the uncertainty of the redevelopment of the CRA's 115 N. Federal Highway property, at the present time only one CRA Board member has instructed me to contact you about your possible interest in selling. As staff,we need to inform the entire Board in order to gain their support to continue negotiations with you on the additional details that would need to be resolved as part of Purchase &Sale Agreement. This staff discussion with the Board can only occur at the public meetings. Our next CRA Board meeting will be held on July 13,2021,in the new City Hall at 5:30pm. It would be at this meeting the Board would be able to determine how to proceed. I hope this provides you with the information you need regarding the process. If you have any questions at all,please do not hesitate to ask and we will do our best to provide you with the right answer. Thank you again for your time and consideration. i Int=ichael Simon, FRA-RA, CP3P, LRE Executive Director Boynton Beach Community Redevelopment Agency 100 E, Ocean Ave, Boynton Beach, Florida 33435 561-600-9091 561-737-3258 imcrr:M@bbfLu s http://www.boyntonbeachcra.com BOYN M11MBE ri CIRA COMMUNITY REDEVELOPMENT America's Gateway to the Gulfstream Please be advised that Florida has a broad public: records law and all correspondence to me via email may be subject to disclosure,Undr Florida records law, email dd esesare public records, Iffierefore, your e-mail communication and your e-mail address may be subject to public: disclosure, From: Christian Macoviak<cmacoviak@oyerinsurance.com> Sent: Wednesday,June 30, 20213:34 PM To: Simon, Michael <SimonM@bbfl.us> Cc: Shutt,Thuy<ShuttT@bbfl.us>;Tara Duhy(tduhy@llw-law.com) <tduhy@llw-law.com>; Harvey Oyer (hover@shutts.com) <hoyer@shutts.com> Subject: RE: 500 Ocean Properties Good afternoon, I know that you were supposed to be back in the office today and wanted to check in to see if you all had a chance to review or if there were any further questions. If so, please let me know. Thank you and have a great day. Mrs. Christian Macoviak, Vice-President Oyer, Macoviak and Associates Phone 561-732-9305 ext. 6206 Toll Free 800-397-8780 Direct Line (Text) 561-910-6206 Fax Line 561-364-9848 Email: cmacoviak@oyerinsurance.com Website: www.oyerinsurance.com 2 From: Simon, Michael <SimonM@bbfl.us> Sent: Saturday,June 19, 20214:07 PM To: Christian Macoviak<cmacoviak@oyerinsurance.com>; Harvey E. Oyer, III <HOyer@shutts.com> Cc: Shutt,Thuy<ShuttT@bbfl.us>;Tara Duhy(tduhy@llw-law.com) <tduhy@llw-law.com> Subject: RE: 500 Ocean Properties Hello Christian: Thank you very much for your email below. Now that we have established this important component of a potential agreement, I will work with CRA legal counsel and the CRA's Assistant Director, Thuy Shutt to identify additional items and proposed terms relating to the tenants,timing and financial impacts to the agency. My current schedule has me leaving for vacation on Monday,June 21St and returning June 30th. I would expect to have something back to you relating to these additional items shortly thereafter. Thank you again for your cooperation and time. Have a great weekend. Int=ichael 0imon, FRA-RA, CP3P, LRES Executive Director Boynton Beach Community Redevelopment Agency 100 E, Ocean Ave, Boynton Beach, Florida 33435 561-600-9091 561-737-3258 0imcrr:M@bbfLu s http://www.boyntonbeachcra.com BOYN � ¢�t1r1,A'}zk a,rbi,�u It COMMUNRY REDEVELOPMENT AGENCY America's Gateway to the Gulfstream Please be advised that Florida has a broad public: records law and all correspondence to me via email may be subject to disclosure,Undr Florida records law, email dd esesare public records, Iffierefore, your e-mail communication and your e-mail address may be subject to public: disclosure, From: Christian Macoviak<cmacoviak@oyerinsurance.com> Sent:Thursday,June 17, 20214:56 PM 3 To: Simon, Michael <SimonM@bbfl.us>; Harvey E. Oyer, III <HOyer@shutts.com> Cc: Shutt,Thuy<ShuttT@bbfl.us>;Tara Duhy(tduhy@llw-law.com) <tduhy@llw-law.com> Subject: RE: 500 Ocean Properties Good afternoon, Our asking price would be$3.6 which we believe would reflect the increase in the market value since the time of the appraisal. If you have any questions or would like to discuss further, please do not hesitate to contact us. Have a great day. Christian From: Simon, Michael <SimonM@bbfl.us> Sent: Wednesday,June 16, 20216:21 PM To: Christian Macoviak<cmacoviak@oyerinsurance.com>; Harvey E. Oyer, III <HOyer@shutts.com> Cc: Shutt,Thuy<ShuttT@bbfl.us>;Tara Duhy(tduhy@llw-law.com) <tduhy@llw-law.com> Subject: RE: 500 Ocean Properties Hello Christian and Harvey: Thank you for getting back to me so quickly. To address your question concerning the existing tenants, it is the goal and charge of the CRA to retain existing businesses and even more critical in a situation like this one. Regarding your willingness to consider holding a note, thank you. The various options for fulfilling the financial component of an agreement can be discussed once we have established a sales figure to which we agree on and can present to the CRA Board for their consideration. My objective would be to attempt to work through the main contractual terms such as price, time duration to close, contingencies and financial considerations. Once we have a framework of terms, we would then present them to the CRA Board. Discussing the price you are willing to accept for the property would be the most important of those terms mentioned above. Int=ichael Simon, FRA-RA, CP3P, LRE Executive Director Boynton Beach Community Redevelopment Agency 100 E, Ocean Ave, Boynton Beach, Florida 33435 561-600-9091 561-737-3258 imor:M@bbfLu s http://www.boyntonbeachcra.com 4 1 "I iff y�rzi R 9T 'RAf =BEAC �,,,,C COMMUNRY REDEVELOPMENTG America's Gateway to the Gulfstream Please be advised that Florida has a broad public: records law and all correspondence to me via email may be subject to disclosure,Undr Florida records law, email dd esesare public records, Iffierefore, your e-mail communication and your e-mail address may be subject to public: disclosure, From: Christian Macoviak<cmacoviak@oyerinsurance.com> Sent: Wednesday,June 16, 20213:02 PM To: Simon, Michael <SimonM@bbfl.us>; Harvey E. Oyer, III <HOyer@shutts.com> Cc: Shutt,Thuy<ShuttT@bbfl.us>;Tara Duhy(tduhy@llw-law.com) <tduhy@llw-law.com> Subject: RE: 500 Ocean Properties Good afternoon Mike, Hope you are doing well. We would be happy to discuss the possibility of the CRA acquiring our E Ocean properties. I believe that the market place for commercial properties has continued to increase some since the time of the appraisal but we are open to discussions. We would be also be open to holding the note over three years to allow for you to fit the cost into your budget and allow for you to include the properties in the project. I personally feel that if the city would benefit with the project running from E Ocean to BBB. We would need to determine what you would want to do about the tenants, leases and operations. Please let me know your thoughts and I will reach out and discuss with my siblings. Mrs. Christian Macoviak, Vice-President Oyer, Macoviak and Associates Phone 561-732-9305 ext. 6206 Toll Free 800-397-8780 Direct Line (Text) 561-910-6206 Fax Line 561-364-9848 Email: cmacoviak@oyerinsurance.com Website: www.oyerinsurance.com From: Simon, Michael <SimonM@bbfl.us> Sent: Wednesday,June 16, 20211:00 PM To: Harvey E. Oyer, III <HOyer@shutts.com>; Christian Macoviak<cmacoviak@oyerinsurance.com> Cc: Shutt,Thuy<ShuttT@bbfl.us>;Tara Duhy(tduhy@llw-law.com) <tduhy@llw-law.com> Subject: FW: 500 Ocean Properties Good afternoon Harvey and Christian: I hope this email finds you and your families well. 5 Based on the CRA Board Chair's email below, I am reaching out to you concerning your potential desire to sell your parcels on E. Ocean Avenue. You may remember that in December 2020, the CRA Board in had determined not to pursue acquisition of the adjacent private property until such time as they had a better understanding of what the developer's who had submitted Letters of Intent would want to with the CRA's parcels. Not being privy to the conversation you had with the Board Chair, I don't know to what extent you discussed your desired sales price or terms. I have attached the appraisal the CRA had performed in October 2020 which established a market value of$3,400,000 for the properties located at 511-529 E. Ocean Avenue. An important piece to the CRA's decision making process for property acquisition is knowing the Seller's desired sales price. Have you determined the amount you would accept as a sales price for the properties? I think that this item is a good place to start. If you would like to think about that amount, take your time. If you would like to discuss other items related to the price, I would prefer to have those discussions in writing or I would be willing to participate in a conference call with the two of you, CRA legal counsel and the CRA Assistant Director. Please let me know how you would like to proceed and we look forward to learning more about your position and perhaps moving this negotiation forward. Thank you for your time. Int=ichael Simon, FRA-RA, CP3P, FFdF Executive Director Boynton Beach Community Redevelopment Agency 100 F, Ocean Ave, Boynton Beach, Florida 33435 561-600-9091 561-737-325 imcrr:M@bbfl,u<s http://www.boyntonbeachcra.com 'RA BOYN i M�N 1 miwBEACH COMMUNITY REDEVELOPMENT AGENC America's Gateway to the Gulfstream Please be advised that Florida has a broad public: records law and all correspondence to me via email may be subject to disclosure,Undr Florida records law, email dd esesare public records, IffirEefore,your e-mail communication and your e-mail address may be subject to public: disclosure, From: Grant, Steven Sent: Monday,June 14, 202111:34 PM 6 To: Simon, Michael <SimonM@bbfl.us>; Shutt,Thuy<ShuttT@bbfl.us> Subject: 500 Ocean Properties Michael &Thuy: I spoke with Harvey Oyer III last Thursday, updating him about the Cottage District and 500 Ocean Properties from the CRA's last meeting. Mr. Oyer stated the members of 500 Ocean Properties LLC are willing to sell. In addition, I believe Mr. Oyer stated if budget was an issue the payments could be over a three-year period financed by the current owner. However, he was not inclined to provide the CRA with an option contract. Would you please speak with Mr. Oyer and if possible, come back to the CRA with 500 Ocean Properties purchase and sale terms? His number is 561-379-2768. Steven Grant Mayor City Ccrmmi <sion Mailing Address:s: P,O, Box 310 Boynton Beach, Florida33425 - Physical Address: 500 E, c can Ave, Boynton Beach, Florida33435 55 .-742-50 .0 Gr ntS@bbfl.us boynton-be ch ,erg/ Z= 0 91 13 Please be advised that Florida has a broad public: records law and all correspondence to me via email may be subject to disclosure,Undr Florida records law, email dd esesare public records, IffirEefore,your e-mail communication and your e-mail address may be subject to public: disclosure, 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: July 13, 2021 NEW BUSINESS AGENDAITEM: 17.13. SUBJECT: Discussion and Consideration of the Purchase of the Property Located at 1017 N. Federal Highway SUMMARY: CRA staff has identified an available property for sale at 1017 N. Federal Highway, located on the southwest corner of E. Martin Luther King, Jr. Boulevard and N. Federal Highway within the Federal Highway District (see Attachment 1). The property is the former location of Troy's BBQ and continues to operate as a takeout restaurant. The lot consists of 0.21 acres with a 364 square foot commercial building. The tenant leases the property on a month-to-month basis. An appraisal of the property has been completed and an estimated market value of$530,000 has been determined (see Attachment 11). CRA staff attempted to negotiate a sales price closer to the appraised value, however, the Seller has submitted an executed Florida Realtor's Commercial Contract to sell the property to the CRA for the price of $685,000 (see Attachment 111). The Seller's broker has also provided a market analysis and comparable sales (see Attachment IV). This property could be seen as a gateway or entrance to E. Martin Luther King Jr. Boulevard which is the Heart of Boynton from the Federal Highway Corridor. The property's current use is nonconforming and is not large enough for commercial redevelopment on its own. A future use for the property could be as a beautified green space with an entry feature and/or signage into the Heart of Boynton via the E. MLK Corridor. The Board may accept the Seller's price of$685,000 or may elect to submit a counter offer. FISCAL IMPACT: FY 2020-2021 Budget, Project Fund line item 02-58200-401: amount to be determined. CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan - Federal Highway District CRAAB RECOMMENDATION: The CRA Advisory Board recommends purchasing the property now as a land banking opportunity as part of their pending assignment discussion at its July 1, 2021 meeting. CRA BOARD OPTIONS: 1. Approve the purchase of the property located at 1017 N. Federal Highway at Seller's contract price of $685,000. 2. Approve the purchase of the property located at 1017 N. Federal Highway for an amount not to exceed the appraised value of$530,000. 3. Approve the purchase of the property located at 1017 N. Federal Highway for an amount not to exceed 20% above the appraised value or$636,000. 4. Do not approve the purchase of the property located at 1017 N. Federal Highway. 5. Other options as determined by the CRA Board. ATTACHMENTS: Description D Attachment I - Location Map & Information D Attachment II -Appraisal D Attachment III -Seller's Contract Attachment IV -Seller's Market Analysis and Comps C: 141- N U 10N M O � � t% p v dM' O M ca N U O N U N ct 4—j � O O �f 7'* 4'0 it.% - . ���� ar•,,,i ��rg ������� �«I`t{s,���tti�is�r��t 1 � � �t u � r �• ��il,Et tss tfyt ,� '� f L' +t i t{ ��It +s S +s,'i§ �,i�k� �\ti'?(�`���`i�a� 4�1' n;, <�����€ s `,r_t3 t I � i ��t), A 1� rl�+P!1`s z��>r l �•, �nA,�i .s � 4� -- �'sig� ,Ir \ �t �,( S� '�;'�, ? {s1� tilt r S i 7� n11�sis��s4s st lo ol -- ' } kkJi Sfl ftp I ��� a � 1q_•, n Ulf'<Itl#� ti �`��s i�� � ��� i�I : � I� t� s`'���• s of , } 9 — i -- � 4" � � s C=' '"4M1h�`ANWp'j1'hfrS,l4 A6Ytf4m i€=s;,,d�`Auilk !': 4� - - �y J y Am T t ,GLd W 1al5.riLUw F= i m , n LIJ Q � C tx L'� � L. la I .-- I 44 ce 4p J C.my '1 en .t f 1 N N� nil; 0,\1101 j Federal Highway District Introduction Planning Challenges Planning Considerations The Vision t>j tl' Recommendations !ill; Gas. 93 Introduction The Federal Highway Corridor is approximately 2.5 miles long and runs from the north to the south City boundaries. Corridor redevelopment has been difficult, given the glut of outdated commercial buildings as well as land use and zoning generally out-of-step with the changing economic environment and current vision. In 2001, to address the blight along the Federal Highway corridor, the CRA and City adopted the Federal Highway Corridor Community Redevelopment Plan. The Plan was updated in June of 2006. The Federal Highway Corridor District benefited from redevelopment activity more than any other district. The land use changes recommended by the 2001 Plan and its update resulted in the development of 2,358 new residential units in the five new projects at the north end of Federal Highway and eight projects along the south end of the District. The CRA recently completed a capital improvement project in the area of the FEC right-of-way, on the west side of Federal Highway between the Stanley Weaver (C-16) Canal and N.E. 15th Avenue. As part of this project, new landscaping, irrigation, lighting and a new entry sign for the City were installed. This District consists of two sections, North and South. Each section extends north and south from the Downtown District, ending at the City's boundary. On the west, they are mostly bounded by the t{f;' F.E.C. Railroad right-of-way; on the east, both border on the Intracoastal Waterway. The South and North }i sections of the District represent the main entries into the City from US Highway 1. 13{l There are two major arterial roadways in the district: Gateway Boulevard, an east-west arterial between ,5{k I-95 and Federal Highway, and Federal Highway, which runs north/south through the entire CRA district. The district is home to two City parks: the Harvey Oyer, Jr. Park with 8.79 acres and the Intracoastal Park with 8.97 acres. Both parks provide residents with access to the Intracoastal Waterway. • CIO 94 Jrwt �r " Bbgnton Beach Blvd 'h' ,,,€ k 4 " �' r " l„........... sflit,}"')}t r1\., 4, ,£,(, 1'd;,St tr,s?+lt„1)!\\\\� 'i�''a + '”' ;i ! i}v�, M M7 77"r k •c' �,i d� i A� riF) erR OcenAve�tl� }1xri� p, �t: Dimick Rd�µ Rlis P , s 4s {Pit m;,r• .rr. �-rtPlf> rrs i, 4( s i,r �{t1r �+ .: d` 1 Y, , £Ei' • � ,r m_sr4wa �" t} 0.- t`� r 1 yc r r r y`. '"�' I,a iris S S131x }i'`. 'R^wi• 'a;. t `} germ err r m, th r_�m,' "d��st sl t - d i 2 ,) w ,i ,i t` IF e, 't ''�. r++1. { r;p r 1}1i ,. ,.., '� tw x "�''�t , i is£ .������• r ..• � ���: � it int„ 717 s1 t d't`v�v, .c6` ��p 5' � � #.�' s�r �'�r:� � r,,tf r"r !tfk u We SY'#6s, 4 r;r�t} �� ,t ( 9 ", SSS; IRKIIN �,• , WoolbrightRd�l\ i'.. . ..n �(sr:-; �( ' u ��p, dj�Y� �tt� 4) tsrsv�. � it{:IS _. �,,2 s y � 11 S � � q Y �1} �� 1�� �\!it}f 1S} +' �3 tA4'' � 17 �` �•. ��ES� w, � W WNW Jo p ' -1 MM� 1,t Manatee BaDrl a � \r e h� 1 e s •# ��' �' it( ., sl SE�23rd Ave {'� � c,� r s3 .rA Yu1?p,; 3 a � �Nt�4 .W� a, S 1` �o � n�l ��� ° 1�� 1s •ww � � 1'1 ' �r t } �I roil t y,aa� 3 �. r I,,i7 J®f' '•x,. ";, - t � 3"n 1 )1'4 .mss„' 9i'y amu,: ' CD ( s 4 s }� ate±a ♦ at 1�+ F �� jw vvn�q;id " 11"t'h \4 t\" Ys � ,'4, ,y�`+ ` — 7� MLKJrBlvd1;. * r,it Al, �. ;4(:d rs5 r ' � )t�i ",r •n� ,�. �r k,r-rr 'F r2�� F �.. � � ((� w• tit �*^ 1 y+s t� p fi( ti yr i sir !riAl air j y jwR4,. i�5 �t�„ rti�I NE 7thrAve � est +sl"Ib 'ii+fi ( 1 � � „x `,,� SEg36th Ave r' ht£ k 1 A,741 P �g,es One of the most challenging aspects of the north section of the District is the geographic layout imposed by the location of the FEC Rail line and the Intracoastal Waterway. The insufficient depth of land on the west side of Federal Highway makes certain areas undevelopable or at least difficult to develop. On the east side of Federal Highway, the depth of commercial lots is also inadequate to build anything that is ..i responsive to the market. Land assemblage is required to create a developable site; moreover, there are only a few vacant parcels. 1N`•w--'. Among numerous outdated commercial buildings, some are vacant and many under maintained. Additionally, many of the uses are {r� not compatible with the vision of the Plan or with `s the adjacent residential neighborhoods. Another predominant feature that is creating , visual blight is the abundance of overhead , z� utilities. Old utility poles often remain after �6,� new poles are installed, taking up precious �ti� � �� �� �� r � 'a� iz� �� �, �s �,�s igrri ` t grlr ti��it§ t Sfkl � � �( i�;it; :4 sidewalks ace. The sidewalks are too narrow to allow two people to walk side-by-side or to accommodate the installation of mature shade trees and decorative streetlights. K. There are insufficient bus shelters along Federal Figure 50: Example of District Planning Challenges Highway, even though Route 1 is one of the most used of all the Palm Tran routes. Due to the scale of Federal Highway, the buildings and uses have been oriented to the automobile. There is little in the design of the road, sidewalks or buildings that would encourage biking or walking as an alternative to driving. The drive lanes of Federal Highway are 12'wide, encouraging speeding adjacent to the sidewalk. A major challenge to redevelopment in the area of Federal Highway is the lack of developable parcels. 96 EPIAnning,Considerations There are several additional factors to consider for The return of passenger service to the F.E.C. redevelopment recommendations along the corridor. Railroad as part of the Coastal Link project will also serve as an attraction to downtown living and The first one is a close proximity to the waterfront working as the City redevelops. A portion of both including direct access to the barrier island and segments of the corridor is within the Downtown oceanfront recreation areas as well as direct access to Transit Oriented Development District. The entire the Intracoastal Waterway through three public parks corridor, future train station and the existing Tri-Rail located at each end of the corridor. However, it also Station is accessible via a short bus ride on one of makes the District vulnerable to flooding from high-tide the County's most ridden Route #1. events, storm surge, stormwater runoff and, eventually, the related impacts of sea level rise. Areas along the east side of the corridor are especially susceptible to flood damage, with large sections both north and south under FEMA-designated Special Flood Hazard Area (SFHA) and storm surge zones extending west past Federal Highway. Portions of these areas are also within evacuation zones for category 3 and 4 hurricanes. �4 1tft Both the north and south parts of the District overlap with the Comprehensive Plan's Coastal Management ,,,( area, and therefore are subject of all its policies. �4 The main focus of these policies is flood prevention 1V and mitigation, including policies regarding certain ' uses, development intensity increases and public infrastructure improvements in areas most prone toybb flooding. All have to be taken into consideration inr redevelopment decisions, striking a balance between people's desire to live on the water and the need to reduce threat to life and property from natural hazards. At the same time, the policies strongly encourage that public waterfront access be a part of all waterfront development. 97 \ \ \ \ \ \ \ \ \ \ \ % \ t \ \ \ \ 98 Vision The Federal Highway Corridor shall serve as a major point of entry into the City and the downtown from both the north and south direction. There shall be a mix of uses that front the road, improve and activate the area. The streetscape will encourage biking and walking by providing shade, attractive lighting and a sense of safety. The single-family neighborhoods will experience an increase in value and become more attractive to buyers. Recommendations.tions. St eetso 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 and should include: • Create a Complete Street design for Federal Highway including the addition of: • On-street parking • Bike lanes • Enhance median with mature tree canopy (at time of planting) and landscape lighting = rs� • Marking of major intersections with materials such as pavers, paint, etc. • Create a Pedestrian Zone adjacent to the right-of-ways that is inviting, safe and includes:` • Addition of canopy street trees • Minimum 8' wide clear sidewalk �l • Decorative light poles at both the vehicular and pedestrian scales ��� • Require installation of canopy trees that provide immediate shading at time of construction W} • Underground overhead utilities • Provide additional pedestrian crossings where needed • Create a greenway along SE 4th Street per the Connectivity Plan 99 Recommendations: Land Use To encourage land assemblage for redevelopment of the corridor, the Plan recommends the application of the newly created future land use classification (Mixed-Use Low with a density of 20 units per acre) and zoning district (Mixed-Use 1 zoning with a 45' height limitation).This new land use designation will allow flexibility to develop retail and residential or retail and office uses, allowing the market to determine the best mix. The Mixed-Use Low would apply to the Federal Highway frontage and to Gateway Boulevard at the Federal Highway Intersection. Currently there is commercial land use at this location; however, it is in need of upgrading. Compatibility ordinances will be utilized to minimize impacts of commercial uses on adjacent residential neighborhoods. To allow for growth within the CRA and the City, it is recommended that the new mixed-use zoning category—Mixed-Use 4 with a density of 60 units per acre and 100' height limitation—be applied at the four corners of Woolbright and Federal Highway. Below is a table of the proposed land use and zoning designations that will apply along the Federal Highway corridor: Table 6: Recommended Future Land Use FLU Classifications within the Fedeal District « LAND USE DENSITY CORRESPONDING ZONING DENSITY MAX CAP* HEIGHT {r Mixed-Use High 80 MU4, MU Core 60-80 106'-150' ft}}t Mixed-Use 50 U-2, MU-3 40-50 65'-75' ,{ Medium Mixed-Use Low 20 MU-1 20 45' Special High p k 4"A Density 20 IPUD 20 45` S Residential iti High Density 15 R4 Infill-Planned Unit 15 45` Residential Development Medium Density 11 R3 Infill Planned Unit 10-11 45' Residential Development - Low Density 7.5 R1 AAAA,R1-AAB, RI-AA, 5-7,5 30' Residential R 1A,R-1,PUD Recreation n1a Recreation n/a 45' Properties located within the TOD may recieve a 25%density bonus High Density Residential 15 dufac Max height 45' -- Mixed Use—High • 60 dWac(Zoning MU-4) • Max height 100' Commercial uses required to front Federal Hwy MU-Low 45'BaseMaximum ------ - 20 dulac Max height 45' ®�® Commercial uses optional t" MU-Low 20 du/ac Max height 45' ------- Commercial uses optional Figure 51: Federal Highway(North) District Example Figure 52: Federal Highway(South) District Example Projects Projects 00 EEGE4+S6 mss,,w a cow I1.,MY Elms,.MA 6LBRI e dtk-. t . o- "` Sr 1 _ � �nY+�asnipNt�,xlortw3jhi�Sf�9C`xtlu2tu. - s 61191 O.—Y P--M.kI.NorO 26 at— i iR stlSwroii9nnl 63 P Il IIWfl Cu s lusuv.(t d�C) l {s (ui_) genus sx6r,wa- ? k 9 trlPxm f,Lud win{6,tuM15°Xi owaau *,s �. (( t TOD Si A F77 H 4 ry ' G 1_ , e N 1 Z f!' t y m 1 a, „ s 1 1 s Figure#53: Recommended Land Use for the Federal Figure 54: Recommended Land Use for the Federal Highway(North)District Highway(South)District IIQII Urban Design The following urban design guidelines are recommended for the Federal Highway north district: • The buildings shall be set back to accommodate on-street parking and the Pedestrian Zone. • All overhead utilities shall be installed underground. • For buildings incorporating commercial uses, these uses must front Federal Highway and shall maximize glazing facades visible from rights-of-ways. • Approximately 75% of the lot frontage must be occupied by structure and be adjacent to the pedestrian zone. • Buildings fronting Federal Highway shall have a minimum height of 30' • Buildings fronting Federal Highway shall be a maximum of 45' in height, any additional height permitted by the zoning districts must be stepped back proportionately to the overall height, a minimum of 10' deep. Parking shall be located to the rear or side of the property. MU-L Land Uses are permitted to have i% one (single loaded) row of parking in front of the structure. ,r„1 Vii` Curb cuts shall be permitted on Federal Highway only when access is not possible from the rear �} s or side. r{'l • Adjacent single-family areas shall be protected through the use of landscape buffers and/or walls as appropriate. • Building roofs shall have vertical breaks to prevent long unbroken spans. ?•i • Building facades shall be articulated with plane changes at least one foot deep with changes in IJ ` color texture and material. • All buildings along Federal Highway must have pedestrian access from the right-of-way/sidewalks. • The main pedestrian entry, or front door, must be fronting Federal Highway. CIO CIO 02 r ,r{ n sr� - r s � rein �s f ,r t _ e a i � Figure 55: Example High Density Residential Project �llr{t !ill; £�1� It . s i i s i 1( 7 £ � t .sem Figure 56: Example Mixed Use Low Project 03 { 1 f 1,iz� Fitt, ���t'`)'�{�3)� �+,,,••�i7it}IiS�'�t)'4 '„��i\��� ”"� ���'`_,t# rr,,�„�,,!t ++ ,5., � ��� _ - ���� - i - ,�, i - r — �s t t� - - • 5 t !it i 1 4� C s i �\ 'FQ r� Jr r. $ r 04 AN APPRAISAL OF THE IMPROVED COMMERCIAL PROPERTY LOCATED AT 1017 NORTH FEDERAL HIGHWAY IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA FILE #21-82251 PREPARED FOR BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AS OF MAY 14, 2021 BY STEPHEN D. SHAW, MAI, AI-GRS CALLAWAY & PRICE, INC. Callaway & Price, Inc. Real Estate Appraisers and Consultants Licensed Real Estate Brokers sante www.callawayandprice.com Please respond to the South Florida office SOUTH FLORIDA E-Mail: s.shaw@callawayandprice.com 1410 Park Lane South Suite 1 Jupiter,FL 33458 May 18 2021 Phone (561)686-0333 y r Fax (561)686-3705 Michael R.Slade,MAI,SRA,CRE Cert Gen RZ116 m.slade@callawayandprice.com Theresa Utterback Stephen D.Shaw,MAI,AI-GRS Development Services Manager Cert Gen RZ1192 Boynton Beach Community Redevelopment Agency s.shaw@callawayandprice.com 100 East Ocean Avenue Robert MRICS Cert Genn RZ2461 Boynton Beach, FL 33435 RZ261 y r.callaway@callawayandprice.com TREASURE COAST 1803 South 2511 Street Dear Ms. Utterback: Suite 1 Fort Pierce,FL 34947 We have made an investigation and analysis of the improved Phone (772)464-8607 Fax (772)461-0809 commercial property located at 1017 North Federal Highway in the Stuart City of Boynton Beach, Palm Beach County, Florida. The Subject Phone (772)287-3330 Property will be further described both narratively and legally within Fax (772)461-0809 the following Appraisal Report. The purpose of this investigation Stephen G.Neill,Jr.,MAI and analysis was to provide our opinion of the Market Value of the Cert GenRZ2480 s.neill@callawayandprice.com Fee Simple Estate of the Subject Property as of May 14, 2021. SPACE COAST This report has been prepared for our client and intended user, 1120 Palmetto Avenue Suite 1 Boynton Beach Community Redevelopment Agency. The intended Melbourne,FL 32901 use is to assist the client for internal purposes. The scope of work Phone (321)726-0970 performed is specific to the needs of the intended user and the Fax (321)726-0384 intended use. No other use is intended, and the scope of work may Curtis L.Phillips,MAI Cert GenRZ2085 not be appropriate for other uses. c.phillips@callawayandprice.com CENTRAL FLORIDA The global outbreak of a "novel coronavirus° known as COVID-19 2816 E.Robinson Street was officially declared a pandemic by the World Health Organization Orlando,FL 32803 (WHO). The pandemic and subsequent shutdown of the economy Phone (321)726-0970 has had a negative effect on the national and local economy. The Fax (321)726-0384 g y' Curtis L.Phillips,MAI reader is cautioned and reminded that the data presented in this Cert GenRZ2085 appraisal report is considered the most relevant as of the date of c.phillips@callawayandprice.com value, however in some cases occurred before this outbreak. The available market data indicates that the pandemic has had no obvious effect on commercial properties similar to the Subject. Theresa Utterback Development Services Manager Boynton Beach Community Redevelopment Agency May 18, 2021 Page two The scope of work performed included a complete analysis of the Subject Property. A detailed scope of work description can be found in the body of this report. Based upon the scope of the assignment, our investigation and analysis of the information contained within this report, as well as our general knowledge of real estate valuation procedures and market conditions, it is our opinion that: The Market Value of the Fee Simple Estate of the Subject Property as of May 14, 2021 was: $530,000 A description of the property appraised, together with an explanation of the valuation procedures utilized, is contained in the body of the attached report. For your convenience, an Executive Summary follows this letter. Your attention is directed to the Limiting Conditions and underlying assumptions upon which the value conclusions are contingent. Respectfully submitted, CALLAWAY & PRICE, INC. Digitally signed by Stephen D.Shaw,MAI,AI-GRS Stephen D. Sha W, DN:cn=Stephen D.Shaw,MAI,AI-GRS,o=Cert Gen RZ1192,ou, MAI, A I-GRS Date:202h 05.118a14:32 07 04'00'ice.com,c=US Stephen D. Shaw, MAI, AI-GRS Cert Gen RZ1192 Digitally signed by Joe M.Merritt J o e M Merritt DN:cn=Joe M.Merritt,o=Cert Gen RZ672,ou, • email=j.merritt@callawayandprice.com,c=US Date:2021.05.18 14:33:29-04'00' Joe M. Merritt, Associate Appraiser Cert Gen RZ672 SDS/JMM/js/21-82251 Attachments Executive Summary PROPERTY TYPE Improved Commercial Land. LOCATION The Subject Property is located on the southwest corner of North Federal Highway and East Martin Luther King Jr. Boulevard (aka NE 10th Avenue) in the City of Boynton Beach, Palm Beach County, Florida. The property address is 1017 North Federal Highway, Boynton Beach, FL 33435. DATE OF VALUATION May 14, 2021 DATE OF REPORT May 18, 2021 PROPERTY DESCRIPTION: LAND 9,208 square feet or 0.2114 acres IMPROVEMENTS The Subject Property is improved with a 364- square foot building used as a walk-up restaurant for many years. Most of the site is asphalt paved for access and parking. The building, which was constructed in 1959, is 62 years old. It is our opinion that these improvements are underutilization of the site and do not represent the Highest and Best Use of the property. However, the value contribution of these improvements as an interim use until redevelopment occurs was considered in the following Sales Comparison Approach. ZONING C-4, General Commercial District, by the City of Boynton Beach FUTURE LAND USE PLAN GC, General Commercial, by the City of Boynton Beach HIGHEST AND BEST USE Interim commercial use and future commercial redevelopment. MARKET VALUE OF THE FEE SIMPLE ESTATE OF THE SUBJECT PROPERTY AS OF MAY 14, 2021 $530,000 " Table of Contents Paae No. CERTIFICATION .......................................................................................... 1 GENERAL ASSUMPTIONS .............................................................................. 3 LIMITING CONDITIONS ................................................................................ 5 DEFINITION OF THE APPRAISAL PROBLEM .................................................... 11 Purpose, Date of Value, and Interest Appraised ........................................... 11 Intended Use and User of Appraisal ........................................................... 11 MarketValue ......................................................................................... 11 LegalDescription.................................................................................... 12 FeeSimple Estate................................................................................... 12 ExposureTime....................................................................................... 12 MarketingTime ...................................................................................... 13 SCOPEOF WORK....................................................................................... 14 NEIGHBORHOOD DATA .............................................................................. 16 PROPERTY DATA ....................................................................................... 19 Location................................................................................................ 19 Zoning.................................................................................................. 19 Land-Use Plan........................................................................................ 20 Site Size, Shape and Access..................................................................... 20 Easements and Deed Restrictions.............................................................. 21 Utilities................................................................................................. 21 Topography........................................................................................... 21 CensusTract ......................................................................................... 22 FloodHazard Zone ................................................................................. 22 Assessed Value and Taxes ....................................................................... 23 PropertyHistory..................................................................................... 23 HIGHEST AND BEST USE ............................................................................ 24 Conclusion - As Vacant ........................................................................... 24 Highest and Best Use - As Improved.......................................................... 25 SALES COMPARISON APPROACH.................................................................. 26 Discussion of Boynton Beach Federal Highway Sales .................................... 27 Conclusion ............................................................................................ 41 ADDENDA Engagement Letter Qualifications: Stephen D. Shaw, MAI, AI-GRS Joe M. Merritt, Associate Appraiser certification CERTIFICATION We certify that, to the best of our knowledge and belief: 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are our personal, impartial, and unbiased professional analyses, opinions, and conclusions. 3. We have no present or prospective interest in the property that is the subject of this report, and we have no personal interest with respect to the parties involved. 4. We have not performed services as an appraiser regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. 5. We have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. 6. Our engagement in this assignment was not contingent upon developing or reporting predetermined results. 7. Our compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 8. The analyses, opinions, and conclusion were developed, and this report was prepared, in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP) and The Interagency Appraisal and Evaluation Guidelines, December 10, 2010. 9. Stephen D. Shaw, MAI, AI-GRS and Joe M. Merritt have made personal inspections of the property that is the subject of this report. 10. No one provided significant real property appraisal assistance to the persons signing this certification. 11. The use of this report is subject to the requirements of the State of Florida relating to review by the Florida Real Estate Appraisal Board. 1 certification 12. This appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan. 13. The reported analyses, opinions and conclusions were developed, and this report was prepared, in conformity with the requirements of the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. 14. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 15. As of the date of this report, Stephen D. Shaw, MAI, AI-GRS has completed the continuing education program for Designated Members of the Appraisal Institute. Digitally signed by Stephen D.Shaw,MAI,AI- Stephen D. Shaw GRS DN:cn=Stephen D.Shaw,MAI,AI-GRS, o=Cert Gen RZ1192,ou, MAI, A I-GRS email=s.shaw@callawayandprice.com,c=US Date:2021.05.18 14:32:32-04'00' Stephen D. Shaw, MAI, AI-GRS Cert Gen RZ1192 Digitally signed by Joe M.Merritt Joe M . Merritt DN:cn=Joe M.Merritt,o=Cert Gen RZ672, ou,email=j.merritt@callawayandprice.com, c=US Date:2021.05.18 14:32:58-04'00' Joe M. Merritt, Associate Appraiser Cert Gen RZ672 2 Genera/Assumptions and Limiting Conditions GENERAL ASSUMPTIONS 1. Unless otherwise stated, the value appearing in this appraisal represents the opinion of the Market Value or the Value Defined AS OF THE DATE SPECIFIED. Market Value of real estate is affected by national and local economic conditions and consequently will vary with future changes in such conditions. 2. The value opinion in this appraisal report is gross, without consideration given to any encumbrance, restriction or question of title, unless specifically defined. 3. It is assumed that the title to the premises is good; that the legal description is correct; that the improvements are entirely and correctly located on the property described and that there are no encroachments on this property, but no investigation or survey has been made. 4. No responsibility is assumed for matters legal in nature, nor is any opinion of title rendered. No right to expert testimony is included unless other arrangements have been completed. In the performance of our investigation and analysis leading to the conclusions reached herein, the statements of others were relied on. No liability is assumed for the correctness of these statements; and, in any event, the appraiser's total liability for this report is limited to the actual fee charged. 5. No rights to expert witness testimony, pre-trial or other conferences, depositions, or related services are included with this appraisal. If as a result of this appraisal process Callaway and Price, Inc., or any of its principals, its appraisal consultants or experts are requested or required to provide any litigation services, such shall be subject to the provisions of the engagement letter or, if not specified therein, subject to the reasonable availabilty of Callaway and Price, Inc. and/or said principals or appraisers at the time and shall further be subject to the party or parties requesting or requiring such services paying the then applicable professional fees and expenses of Callaway and Price, Inc. either in accordance with the engagement letter or arrangements at the time, as the case may be. 6. Any material error in any of the data relied upon herein could have an impact on the conclusions reported. We reserve the right to amend conclusions reported if made aware of such error. Accordingly, the client-addressee should carefully review all assumptions, data, relevant calculations, and conclusion within 30 days of delivery of this reported and should immediately notify us of any questions or errors. 7. The market value reported herein assumes that all taxes and assessments have been paid and assumes a fee simple interest unless otherwise reported. The body of the report will define the interest appraised if it differs. 3 Genera/Assumptions and Limiting Conditions 8. Neither all nor any part of the contents of this report (especially any conclusions, the identity of the appraiser or the firm with which he is connected, or any reference to the Appraisal Institute or any of its designations) shall be disseminated to the public through advertising media, public relations media, news media, sales media or any other public means of communication without our prior written consent and approval. 9. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures which would render it more or less valuable. The appraiser assumes no responsibility for such conditions or the engineering which might be required to discover these factors. 10. Our opinion of value was based on the assumption of competent marketing and management regarding the property. If there is no competent marketing and management, then the market value opinion herein may not apply. 11. Typically, the best indication of site size and boundaries is a boundary survey. We were not provided a boundary survey. The Market Value estimate reported herein was based on the Subject Property containing 0.2114 acres or 9,208 square feet as indicated by the Palm Beach County Property Appraiser. If a survey of the Subject Property results in a significantly different site size, this appraisal may be subject to revision. 4 Genera/Assumptions and Limiting Conditions LIMITING CONDITIONS 1. No hypothetical conditions are a part of this appraisal. 2. No extraordinary assumptions are part of this appraisal. 3. Unless otherwise stated in this report, the existence of hazardous substances, including without limitation stachybotrys chartarum (mold), asbestos, polychlorinated biphenyls, petroleum leakage, or agricultural chemicals, which may or may not be present on the property, or other environmental conditions. The appraisers have no knowledge of the existence of such materials on or in the property unless otherwise stated. The appraisers, however, are not qualified to test for such substances or conditions. If the presence of such substances, such as asbestos, urea formaldehyde foam insulation, or other hazardous substances or environmental conditions, may affect the value of the property, the value estimated is predicated on the assumption that there is no such proximity thereto that would cause a loss in value. We are unaware of very wet conditions that may have existed for days or weeks which are required to grow mold. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required to discover them. 4. The Americans with Disabilities Act ("ADA") became effective January 26, 1992. The appraisers have not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this fact could have a negative effect upon the value of the property. Since the appraisers have no direct evidence relating to this issue, possible noncompliance with the requirements of ADA in estimating the value of the property has not been considered. 5 Subject Photos lipt7 ��1�fl5 AN �{ Ill, i r s E S � � �d�F,��ae iztla Ave y F i� F4� � �z� HE 1Pth Ter �,, ��, ,NE rith..Ave z"• ,� k NE-s�th Awa f i.d r� a� .a 6 � F Mirdn Luther Kipy�J ESPYd� x;•. MSE ''E!�rods ave( 4 I 3 y I NE 6 1 } _ u n jjj fi(�jIJ:,�� p1 a , NL 77h Avn�a 1 it ��{�i()Y�� n ' } nRt i k + �1 Y _ Y l Jr,Bivdi4rn x ' si 4}S g E M5r6n Lathes King,ir Sivtl - N�9ufh Avz i� ��1� F MIA i i l �� 6 ➢� t AERIAL VIEWS OF THE SUBJECT PROPERTY 6 Subject Photos � t r t' p � Sys 'i i p SOUTHWEST VIEW OF THE SUBJECT PROPERTY FROM THE CORNER OF NORTH FEDERAL HIGHWAY AND ML KING JR. BOULEVARD � I �ti{4 1 F 1 p � NORTHWEST VIEW OF THE SUBJECT PROPERTY FROM NORTH FEDERAL HIGHWAY 7 Subject Photos F 1)1� } �C( i � t `} _ ! tl s ;ti ! � a t NORTHEAST VIEW OF THE SUBJECT PROPERTY FROM THE FLORIDA EAST COAST RAILROAD x `r NORTHEAST VIEW FROM THE SOUTHWEST CORNER OF THE SUBJECT PROPERTY 8 Subject Photos �t trtu4i� ta,• � �, a N NORTHWEST VIEW FROM THE SOUTHEAST CORNER OF THE SUBJECT PROPERTY t� Ur s I t tr! $ w t: J — r SOUTHEAST VIEW OF THE SUBJECT PROPERTY FROM ML KING BOULEVARD AND THE FLORIDA EAST COAST RAILROAD 9 Subject Photos 1 r tiV � y, i NORTHWEST VIEW OF THE SUBJECT BUILDING !v ,3 #Qt � b SOUTH VIEW OF THE SUBJECT BUILDING 10 Definition of the Appraisal Problem DEFINITION OF THE APPRAISAL PROBLEM Purpose, Date of Value, and Interest Appraised The purpose of this investigation and analysis was to provide our opinion of the Market Value of the Fee Simple Estate of the Subject Property as of May 14, 2021. Intended Use and User of Appraisal This report has been prepared for our client and intended user, Boynton Beach Community Redevelopment Agency. The intended use is to assist the client for internal purposes. The scope of work performed is specific to the needs of the intended user and the intended use. No other use is intended, and the scope of work may not be appropriate for other uses. Market Value "As defined in the Agencies' appraisal regulations, the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition are the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: a. Buyer and seller are typically motivated; b. Both parties are well informed or well advised, and acting in what they consider their own best interests; c. A reasonable time is allowed for exposure in the open market; d. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and e. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale." Source: The Interagency Appraisal and Evaluation Guidelines, Federal Register, Volume 75, No. 237, December 10, 2010, Pgs. 61-62. 11 Definition of the Appraisal Problem Legal Description Lots 1 and 2, Block 1, Lake Addition to ntcU, A Subdivision in the City of Boynton Beach, Florida, according to the map or plat thereof, as recd ]at Hoak 11, Page 71, excepting therefrom that part of Lots 1 and 2 lying within 50 feet of the ce f State Road 5 (US NO 1) and excepting that part of Lot 1,outside a carve of 12 foot radius tange North line of Lot 1 and to a line parallel to and 17 feet Wriest of the East line of Lot 1. � The Subject Property is also described as Palm Beach County Property Appraiser Folio Number 08-43-45-21-32-001-0010. Source: Warranty Deed dated May 15, 2002 recorded in Palm Beach County Official Records Book 13742, Page 1376 and the Palm Beach County Property Appraiser. Fee Simple Estate The Dictionary of Real Estate Appraisal, Sixth Edition 2015, by the Appraisal Institute, defines Fee Simple Estate on page 90 as follows: "Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat." Exposure Time The Dictionary of Real Estate Appraisal, Sixth Edition 2015, by the Appraisal Institute, defines Exposure Time on page 83 as follows: 1. "The time a property remains on the market." 2. "The estimated length of time that the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal. Exposure time is a retrospective opinion based on an analysis of past events assuming a competitive and open market." There is a requirement under Standard Two to report exposure time according to the latest USPAP publication. "Exposure Time" is different for various types of property under different market conditions. We have reviewed the exposure time on the sales contained in the Sales Comparison Approach in this appraisal. Based on that data and the current market, it is our opinion that the Subject Property would have had an exposure time of approximately 12 months or less. 12 Definition of the Appraisal Problem Marketing Time The Dictionary of Real Estate Appraisal, Sixth Edition 2015, by the Appraisal Institute, defines Marketing Time on page 140 as follows: "An opinion of the amount of time it might take to sell a real or personal property interest at the concluded market value level during the period immediately after the effective date of an appraisal. Marketing time differs from exposure time, which is always presumed to precede the effective date of an appraisal." "Advisory Opinion 7 of the Appraisal Standards Board of The Appraisal Foundation and Statement on Appraisal Standards No. 6, "Reasonable Exposure Time in Real Property and Personal Property Market Value Opinions" address the determination of reasonable exposure and marketing time." We have reviewed the marketing time on the sales contained in the Sales Comparison Approach in this appraisal, as well as other sales and current listings in the market. As in most markets, properties which are priced competitively and are professionally marketed will sell quicker than those which have higher or above market asking prices. Despite the outbreak of the COVID-19 virus, it is our opinion that the Subject Property would have had a marketing period of 12 months or less. 13 Scope of Work SCOPE OF WORK According to the 15th Edition of The Appraisal of Real Estate, page 75, "In the valuation process, the identification of the assignment elements leads directly into the determination of the scope of work of an assignment, i.e., the type and extent of research needed to solve a appraisal problem. Professional valuation standards place the responsibility for determining the appropriate scope of work in an appraisal assignment squarely on the shoulders of the appraiser. The scope of work for an assignment is acceptable if it leads to credible assignment results, is consistent with the expectations of parties who are regularly intended users for similar assignments, and is consistent with what the actions of an appraiser's peers would be in the same or a similar assignment. The first step in the appraisal process is the identification of the appraisal problem which included the purpose and date of value, determining the interest being appraised, intended use and user of the appraisal, and identifying the real estate (legal description). This step also determines if the appraisal were subject to any extraordinary assumptions or hypothetical conditions. The next step involved inspections of the Subject Property in May 2021 by Stephen D. Shaw, MAI, AI-GRS and Joe M. Merritt. The inspections allowed us to understand the physical components of the Subject Property. In addition to the inspections of the Subject Property, we also began the data-collection process and, subsequently, an analysis of the factors that affect the market value of the Subject Property, including property data analysis. We gathered and reviewed information from our Client, the City of Boynton Beach Planning and Zoning Department, the Palm Beach County Property Appraiser's Office and interviews with brokers and other market participants to understand and describe the Subject Property and its surroundings. The third step in the process was to determine the Highest and Best Use of the Subject Property. Through the Highest and Best Use analysis, we determined the issues that have an effect on the final opinion of value. To determine the Highest and Best Use, we relied on information obtained from the data-collection process. The fourth step was the application of the appropriate approaches to value. Three conventional approaches to value are typically utilized in the valuation of real estate. They are the Cost, Sales Comparison and Income Capitalization Approaches. No approaches were specifically omitted from this appraisal by the client. 14 Scope of Work The Subject Property is improved with a 364-square foot building used as a walk-up restaurant for many years. Most of the site is asphalt paved for access and parking. The building, which was constructed in 1959, is 62 years old. In our opinion, the vast majority of value for the Subject is in its land and the current improvements do not represent the Highest and Best Use of the property, however they do contribute somewhat to the overall value of the land. Therefore, our approach to valuing the Subject will be the Sales Comparison Approach using a combination of vacant commercial properties and commercial properties improved with older buildings where the majority of their value is in the underlying land with a Highest and Best Use for commercial redevelopment. The sales will be analyzed on a price per square foot of land area basis. During this process, the value contribution of the existing improvements will be considered. 15 Neighborhood Data NEIGHBORHOOD DATA The relationship of the Subject Property with surrounding properties forms the basis of neighborhood analysis. The Appraisal of Real Estate, 15th Edition on page 141 states: "The boundaries of market areas, neighborhoods, and districts identify the areas that influence a subject property's value. These boundaries may coincide with observable changes in land use or demographic characteristics. Physical features such as structure types, street patterns, terrain, vegetation, and lot sizes help to identify land use districts. Transportation arteries (highways, major streets, and railroads), bodies of water (rivers, lakes, and streams), and changing elevation (hills, mountains, cliffs, and valleys) can also be significant boundaries." Neighborhood Map �InoS pk� symn�d 7� a v muh ty, u „ a y saoi coli 9 Eee am Subject ■''Ig�� � � Id L nn4 r,�lan 3, c &n ®n sirzo drt„ o � Uzi �e at3u �,� of Ira n mr �I � �� rvo bc¢an aldya Mas e�errrreiaroe r. I• , � ■ 4� � � � � ❑i �i try yea ��� � �t lA t ,� ti 4 ePR 5a T –w I■ T" O d9 putlic ■ s'� ■ 'I� ,..r`"r,l' Elo' rK n9 6 Wn•0a lull 4 - { 1ff,PM yr q yAc d hytOn Hry 1 w W T —9 Q P Fi can Rd9e ub1V nuiP ttrm�ei 3 I ue 1 ad'. _ t a a n r _ + 3writ6n Beach nna t tr t W -h5w I a i M Eng¢5h IMIdPLA I ssor I b a � 2 9 h 1��� t I i 4 eY wb r 4 •ttII � '!I -' en ra rae en + esnRay I NaWIW A f. on car r c,, r r s a 1 s "`u Py r no a a ue u f5 ■ I � sI Ie airy 0 o q 3 A cf sc4aol � The Subject neighborhood is considered to include the eastern portion of the City of Boynton Beach bounded on the north by the Boynton Canal (C-16), on the south by Woolbright Road (SW 15th Avenue), the east by the Intracoastal Waterway and on the west by Interstate 95. The primary north/south traffic arteries through the neighborhood include Federal Highway (U.S. Highway 1), Seacrest Boulevard and Interstate 95. Interstate 95 is the principal north/south commuter route along the east coast of Florida. U.S. Highway 1, commonly known as Federal Highway in southern Palm Beach County, also spans the length of Florida's East Coast. Seacrest Boulevard, which extends through the center 16 Neighborhood Data of the neighborhood, is a 4-laned intercity connector joining Boynton Beach with Hypoluxo to the north and Delray Beach to the south. The major east/west traffic arteries in the neighborhood are Boynton Beach Boulevard (State Road 804) and Woolbright Road. Both thoroughfares have interchanges with Interstate 95. Boynton Beach Boulevard extends westerly to U.S. Highway 441 (State Road 7) and provides access to Florida's Turnpike. Boynton Beach Boulevard effectively ends at North Federal Highway. Ocean Avenue, which is located two blocks south of Boynton Beach Boulevard, is Boynton's Main Street. The Ocean Avenue Intracoastal Waterway Bridge was recently renovated and provides convenient access to the Town of Ocean Ridge and State Road A-1-A. Woolbright Road also has a modern bridge that provides access to State Road A-1-A and area beaches as well. Boynton Beach has historically been considered a retirement oriented community. However, the city has grown rapidly over the past several years and the average age of the population has decreased. The Subject neighborhood is nearly 100% built out and has a mixed housing composition, consisting of older single family (some built as early as the 1920's) and multifamily. Commercial development is concentrated along the major thoroughfares previously discussed and consists of a mixture of commercial, retail, restaurant and retail buildings. Most of the commercial type properties within the Subject's immediate area are retail in nature. Like its sister cities of Delray Beach, West Palm Beach and Lake Worth, officials of Boynton Beach have realized that downtown Boynton Beach could be a major asset to the city and a redevelopment effort is underway. All the above cities have had government led redevelopment of their respective downtowns. As a result, property values increased in these areas. Boynton Beach seeks to mirror this success in their city. The City of Boynton Beach started its redevelopment plan of the downtown area with the Promenade Parke and the Marina Village mixed use project. These projects include a marina with boat slips, condominium apartments, street-level commercial and retail shops, a parking garage and boardwalks through the mangroves to the Intracoastal Waterway. Marina Village was completed in 2006 while another large-scale mixed-use project called Casa Costa was completed in 2008 at the northeast corner of East Boynton Beach Boulevard and North Federal Highway. This project added an additional 393 condominium apartment units and street-level retail space to the area. Construction was completed in 2017 on a new mixed-use project called 500 Ocean located on the southwest corner of Federal Highway and Ocean Avenue. This project includes 341 luxury rental apartments, 13,300 square feet of retail, 6,600 square feet of retail space and a 664-space integrated parking garage. The City of Boynton Beach redevelopment agency's board agreed to provide funding of$4.4 million over a 10-year period after project completion, using taxes created by the project. 17 Neighborhood Data The City of Boynton Beach and the surrounding area enjoy good community services. Bethesda Memorial Hospital is located on Seacrest Boulevard. Other medical facilities and nursing homes are within a short distance. There are several churches representing all major denominations within the city limits. The Subject neighborhood has excellent access to public elementary, junior high, and high schools in Boynton Beach, as well as a variety of private and church supported schools in the area. Galaxy Elementary school is located directly west of the Subject Property. All municipal services, including police and fire protection, public library facilities, garbage and trash collection, are available to most properties within the neighborhood from either the City of Boynton Beach or Palm Beach County. Conclusion The Subject neighborhood is an established area along the heavily traveled S. Federal Highway with new and renovated properties underway since the mid-2000s. Our economy is beginning to reopen after several months of being closed due to the Covid 19 pandemic. Prior to the current pandemic, market conditions were good and in our opinion occupancies, rents and sales prices should remain so as the economy reopens. As this continues, we anticipate this trend to continue at a steady pace during the foreseeable future. The long-term outlook for the neighborhood is positive as it is an established area with a strong population base that continues to undergo revitalization. 18 F' Property Data PROPERTY DATA Location The Subject Property is located on the southwest corner of North Federal Highway and East Martin Luther King Jr. Boulevard (aka NE 10th Avenue) in the City of Boynton Beach, Palm Beach County, Florida. The property address is 1017 North Federal Highway, Boynton Beach, FL 33435. a , lar i 1 f <m urea Gu dad Paith�(d.y CharterSh I m I l3tma a w n / ^'an e n � a�mrroae n yam avF„,a x r ow+" fti FI ! / Fl i 4 -1 ; E n.e 1 quo z nA a Sub ec7,7t sr101n w ! hlarin Lwiher Jr B nl¢vartl h4artn Luther �vs 'r n Av D y les A d y a ! f Exs N Ghale 91 lixc fleM1 Pv NolvMasl g[4'w � - �, � eM&mA 2 ( N 4 r y' n 8 !Fara Dme '' � e e,s rug ava I � (a i! 9 R tlge Marnmack u I5 ! r! ! ■ !r esth n M U—Ac de y r ti % fi n 3 r b troc(Park V � i I �/t ,I � M a9rtly R h ■f�A.- 5—h 4 ""- - s'`n, East e r 9eenh.90 Ee and a an P Bt n r ty parcmanr z' ■�. k �� t ,t ..rm �e esccna Subject Property Location Map Zonina The Subject Property is zoned C-4, General Commercial District, by the City of Boynton Beach. The purpose of the C-4 zoning district is to implement the general commercial (GC) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to accommodate service and intensive commercial establishments and limited light industrial uses, and to serve as a transitional area between lighter commercial areas and general industrial uses or operations. The C-4 building/site regulations are shown on the following page. 19 F' Property Data BUILDING/SITE REGULATIONS G-4 District Overlay regulations may apply. See Section 8 below.) Minimum lot area: 5,000 s.f. Minimum lot frontage: 50 feet Minimum lot depth: 100 feet Minimum yardsetbacks Front: 25 feet Rear: 20 feett' Abutting: Residential district(s) 30 feet Interior side: 15 feet Abutting: Residential district(s) 30 feet Garner side: 15 feet Maximum lot coverage: 40% Maximum Floor Area Ratio(FAR) 0.502 Maximum structure height: 45 feet Land-Use Plan The Subject Property is designated GC, General Commercial, by the City of Boynton Beach Future Land Use Plan, which is consistent with the current zoning. Site Size, Shape and Access The Subject Property has a nearly rectangular shape and contains 0.2114 acres or 9,208 square feet according to the Palm Beach County Property Appraiser. Access to the site is provided by East Martin Luther King Jr. Boulevard, which extends along the northern boundary of the site. The site has frontage on but no direct access to North Federal Highway, which extends along the east boundary of the site. The intersection of East Martin Luther King Jr. Boulevard and North Federal Highway is signalized. 20 F' Property Data ab` � + ! Y a f ka f i r +l��E}�- inzn RVe N",1E1 z s } r II 2 Easements and Deed Restrictions We were not provided with a title search or a survey of the Subject Property. Based upon our on-site inspection and review of the Palm Beach County Public Records, there are no obvious atypical easements or deed restrictions. Utilities All public utilities are available to the Subject Property. Water and sewer service is provided by the City of Boynton Beach, electricity by Florida Power & Light and telephone by numerous providers. Topography The Subject site is level and at the approximate grade of the surrounding lands and adjacent street improvements. It is all upland and useable with a sandy soil type that is suitable for a wide variety of uses. 21 i' Property Data Census Tract The Subject Property lies within Palm Beach County Census Tract 0061.00. 2020 FFIEC Geocode Census Report Address:1017 N FEDERAL I BOYNTON BEACH,FL,33435 MSA:48424-WEST PALM BEACH-BOLA RATON-BOYNTON BEACH,FL State:12-FLORIDA County:099-PALM BEACH COUNTY Tract Code:0061.00 Summary Census Demographic Information Tract Income Level Moderate Underserved or Distressed Tract No 2020 FFIEC Estimated MSA MDfnon-MSA/MD Median Family Income $79;10€7 2020 Estimated Tract Median Family Income $40,570 2010 Tract Median Family Income $33,808 Tract Median Family+Income oe'o 51.29 Tract Fopulation 4046 Tract Minority% 71.87 Tract Minority Population 2908 Owner-Occupied Units 728 1-to 4-Family Units 1226 Flood Hazard Zone Flood Report Address(from parcels) 1017 N FEDERAL HVVY - 6 FEMA Data Source DFIRM-Digital Flood Information Rate Map - Inside Special Flood p OUTBIDS SPECIAL FLOOD HAZARD.AREA Haze rd Araav Risk Level MODERATE TO LOWRISKAR£AS est b £IoadZane(s) % Descrrptlan(s) X OUTSIDE FLOODPLAIN � s � Base Hood Elevation -9995 9'60t7fk4l1pfF NFCP Community Name City Of Boynton Beach .t i _ Mann Luther zing A ra nh�ast rplh A - Count¢ PALMI r Stats Florida �k !i n I� } - NFIP Community Number 120195 NF1P Map Number or � t Community Panel f21 Number Inside CBRA2 FALSE CBRAType NIA - Map Panel Effective Date EO'5l2017 L941AILOMR(yesrngl UNKNOWN-check map - 1�w - LOMAILOMR Date UNKNOWN-check ma 5 , p 22 F' Property Data Assessed Value and Taxes The 2020 assessed value and taxes for the Subject Property were as follows: 2020 Assessed Value 2020 2020 Folio Number Land Improvements Total Taxable Value Taxes 08-43-45-21-32-001-0010 $175,689 $28,803 $204,492 $204,492 $4,853.24 According to the Palm Beach County Tax Collector, the 2020 taxes were paid on November 30, 2020 in the amount of $4,659.11 which included a 4% early-payment discount. There are no delinquent taxes indicated from previous years. Property History The Subject Property has been under the ownership of Maria Luisa Barrera and Lucila Barrera for more than five years. The Subject Property is currently under lease but the remaining term is less than one year and renewal is uncertain. According to the MLS (Multiple Listing Service) the Subject Property has been listed for sale since November 2007. The most recent listing price is $675,000 and it has been on the market for since December 8, 2018 at that price. The listing realtor indicated that there have been numerous enquires but no reasonable offers. To our knowledge, the Subject Property was not under contract as of the appraisal date. Improvements The Subject Property is improved with a 364-square foot building used as a walk-up restaurant for many years. Most of the site is asphalt paved for access and parking. The building, which was constructed in 1959, is 62 years old. It is our opinion that these improvements are underutilization of the site and do not represent the Highest and Best Use of the property. Therefore, they are not further described. However, the value contribution of these improvements as an interim use until redevelopment occurs was considered in the following Sales Comparison Approach. i tIDu " 23 F' Highest and Best Use HIGHEST AND BEST USE The Dictionary of Real Estate Appraisal, Sixth Edition 2015, by the Appraisal Institute defines Highest and Best Use on page 109 as follows: 1. "The reasonably probable use of property that results in the highest value. The four criteria that the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity." 2. "The use of an asset that maximizes its potential and that is possible, legally permissible, and financially feasible. The highest and best use may be for continuation of an asset's existing use or for some alternative use. This is determined by the use that a market participant would have in mind for the asset when formulating the price that it would be willing to bid. (IVS)" 3. "The highest and most profitable use for which the property is adaptable and needed or likely to be needed in the reasonably near future. (Uniform Appraisal Standards for Federal Land Acquisitions)." To estimate the Highest and Best Use of the Subject, we have considered those uses which are legally permissible, physically possible, financially feasible, and maximally productive. Consideration was given to individual features of the land such as size, shape, location, access to roadways, and the availability of utilities. Consideration was also given to the surrounding land uses and the demand for property in the current real estate market. Conclusion - As Vacant It is our opinion that the Highest and Best Use of the Subject Property as if vacant would be for future commercial redevelopment. The reasons for this conclusion are as follows: 1. The Subject Property is zoned C-4, General Commercial District, by the City of Boynton Beach. The purpose of the C-4 zoning district is to implement the general commercial (GC) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to accommodate service and intensive commercial establishments and limited light industrial uses, and to serve as a transitional area between lighter commercial areas and general industrial uses or operations. The Subject Property is designated GC, General Commercial, by the City of Boynton Beach Future Land Use Plan, which is consistent with the current zoning. 24 F' Highest and Best Use 2. The Subject Property is physically suitable for commercial redevelopment. The site is all upland and useable with a sandy soil type that is suitable for a wide variety of uses. It is located in an area that is ripe for redevelopment and is physically suitable for commercial redevelopment being larger than the minimum site size of 5,000 square feet. It is also possible for the property to be assembled with adjacent sites to accommodate a larger redevelopment project. 3. As can be seen in the following Sales Comparison Approach, the market has been recently active for properties similar to the Subject located along Federal Highway in the City of Boynton Beach. We anticipate that the Subject and the surrounding properties will eventually be redeveloped in accordance with the current zoning and future land use plan regulations. Values appear to be stable. This trend is expected to continue during the near future and values will most likely increase as the supply of redevelopment properties becomes more scarce. 4. Therefore, when the above reasons exist, future commercial redevelopment is the Highest and Best Use, and Maximally Productive Use of the Subject Property as vacant. Highest and Best Use - As Improved The Subject Property is improved with a 364-square foot building used as a walk-up restaurant for many years. Most of the site is asphalt paved for access and parking. The building, which was constructed in 1959, is 62 years old. In our opinion, the vast majority of value for the Subject is in its land and the current improvements do not represent the Highest and Best Use of the property, however they do contribute somewhat to the overall value of the land. We should note that the majority of the site is open paved area and the site currently has a land to building ratio of 25.30 to 1, which equals a floor area ratio of 0.04. The current C-4 zoning would allow the site to be redeveloped with a significantly larger building with a maximum building height of 45 feet and up to a maximum floor area of 0.50, which equals a 2.00 to 1. Based on this maximum floor area ratio, the site has the potential to be redeveloped with a 4,604 square foot building. The existing improvements have been leased in the past and have the ability to produce interim rental income to help off-set holding costs until commercial redevelopment is occurs. Therefore, considering the above, it is our opinion that the Highest and Best Use of the Subject Property is for interim commercial use and future commercial redevelopment. 25 Sales Comparison Approach SALES COMPARISON APPROACH The Dictionary of Real Estate Appraisal, Sixth Edition 2015, by the Appraisal Institute defines Sales Comparison Approach on page 207 as follows: "The process of deriving a value indication for the subject property by comparing sales of similar properties to the property being appraised, identifying appropriate units of comparison, and making adjustments to the sale prices (or unit prices, as appropriate) of the comparable properties based on relevant, market-derived elements of comparison. The sales comparison approach may be used to value improved properties, vacant land, or land being considered as though vacant when an adequate supply of comparable sales is available." The Subject Property is improved with a 364-square foot building used as a walk-up restaurant for many years. Most of the site is asphalt paved for access and parking. The building, which was constructed in 1959, is 62 years old. In our opinion, the vast majority of value for the Subject is in its land and the current improvements do not represent the Highest and Best Use of the property, however they do contribute somewhat to the overall value of the land. Therefore, our approach to valuing the Subject will be the Sales Comparison Approach using a combination of vacant commercial properties and commercial properties improved with old small buildings similar to the Subject. The sales will be analyzed on a price per square foot of land area basis. During this process, the value contribution of the existing improvements will be considered. In order to estimate the Market Value of the Subject Property by the Sales Comparison Approach, a search was made for recent sales of commercial properties located on Federal Highway in the City of Boynton Beach. We also searched for current listings of this property type. The comparables that were considered to be most suitable for direct comparison to the Subject are summarized, described and discussed on the following pages. All of the comparables were considered with regard to property rights appraised, financing, conditions of sale, time or changes in market conditions, location, land size, site quality, zoning/future land use and building value contribution. 26 Sales Comparison Approach Discussion of Boynton Beach Federal Highway Sales Our search revealed four recent sales of commercial properties located on Federal Highway in the City of Boynton Beach that were considered to be suitable for direct comparison to the Subject Property. Also included on the chart is the current listing of the Subject Property (Listing 1) and the current listing of the property located south of and adjacent to the Subject Property (Listing 6). As shown below, the comparable sales indicated non-adjusted values ranging from $42.89 to $132.21 per square foot of land area. Listing 6 indicated a non-adjusted value of $64.70 per square foot. The Subject Property is currently listed at $73.31 per square foot. Boynton Beach Federal Highway Sales Callaway&Price,Inc. #21-82251 Sale Number Subject-1 2 3 4 5 6 Record ID Number 10570 10571 10572 10573 ORBK/PG Listing 32194/128 31823/608 31163/422 30209/763 Listing Sale/Listing Price $675,000 $1,100,000 $869,000 $750,000 $550,000 $595,000 Size-Acres 0.21 0.52 0.15 0.32 0.29 0.21 Size-Sq.Ft. 9,208 22,686 6,573 14,087 12,824 9,196 Price Per Sq.Ft. $73.31 $48.49 $132.21 $53.24 $42.89 $64.70 Building Sq.Ft. 364 N/A 1,980 887 4,188 504 Building Year Built 1959 N/A 1954 1957 1950 1998 1017 North 1320 South 1102 North 724 North 501 North 1009 North Location Federal Federal Federal Federal Federal Federal Highway Highway Highway Highway Highway Highway City Boynton Boynton Boynton Boynton Boynton Boynton Beach Beach Beach Beach Beach Beach Date of Sale May-21 Feb-21 Sep-20 Jan-20 Oct-18 May-21 Date of Value May-21 Zoning C-4 MU-1 C-4 C-4 CBD C-4 Future Land Use Plan GC MXL GC GC MXM GC Conditions of Sale -20% 0% -30% 0% 0% -20% Market Condition Adj. 0% 0% 0% 0% 20% 0% Adjusted Price Per Sq.Ft. $58.64 $48.49 $92.55 $53.24 $51.47 $51.76 Physical Adjustments Location 0% 0% 0% 0% 0% 0% Land Size 0% 0% 0% 0% 0% 0% Site Quality 0% 0% 0% 0% 0% 0% Zoning/Future Land Use Plan 0% 0% 0% 0% 0% 0% Building Improvements 0% 10% -30% 0% 0% 0% Total Physical Adjustment 1 0% 1 10% 1 -30% 1 0% 1 0% I 00/t Adjusted Price Per Sq.Ft. 1 $58.64 1 $53.34 1 $64.78 1 $53.24 1 $51.47 1 $51.76 Sales Low $51.47 High $64.78 Average $55.71 27 Sales Comparison Approach Boynton Beach Federal Highway Sales Map 06ean lr�l?A��ach � ( 1 � NE HNt1i -A,vs f I kith v }l� a Shire r . -Car f t ]th Ave313 Listing 1 E f2- T81'G"C& L� L 11 t la_ e. `�, " �..�..... VV tvi m; M I ardn-L�fher Fein Jr Blvd ad�n Luther-lain �fr-�[ud, NE 9th Ave i I,E_9th Ave rn I I I! ' � � _.r � � ' Ocean Rid � _.. ...,. b V1 - HOMMOck hark r" NE 6th,Avea�er, lFrjorlt 6th.Ave " T N. 4th Ave f Oceans Ridge"Ocean L v ra Park r osanut ` iEJuyjr on JItV t ifAue NE_1 st Aver Beach, W Dee-an Ava F" e � � �_.,,, �Of�an Ave 18841 A1Ai e C!7 CBdCa, � � SE111 t. ( E �d ue Hudssm-Ave .... T� Sw,,. rid eve._-._ 2nd Aue - ;: .... Ave SMV 4th AF 4th Ace 9 -, SW,6th Ave, �.. th Avg. ; _ sw 5E 6th Ave_: SE.=8th, Aue " Ii _ SUV 7th..Ave- SE_71t Ave S 8th AV€ -nth AVS I l ��tf�5�r Drs �? S 9th Ave �E:9th Harkoua Lr N � 10 h Aug.... ..._._............� h r I7r '`� f 12th Ave a � �i � .dam 5 1 Ith_Ave I thl Av - —-- „n, a. -,. SW, nth Ave'-' I�: c I Ir I 79z1792! E_ al Ci§41 Fid. " Be�chvvay �T 0 M 0.2 04 0.6 Copyright0 irx3(P)19f'sF?-2012 Microsoft Corporation andlar its surae§ere.All rights reserved.r:lp Wid--rricrosoK comfebrestc/ Certain mapping and direction d3taO 2012 NAV1E©.fit rights resamd.Tne Lae farareas of Canada includes informaten taken vat-permissionfrom Canadian aldhorilies,including b Her Ivsjesly she Oceen in Right of Casa,d Queen's Prkter for Order o.NAVTEQ-d NxVrEQ 9N BOARD era G-ademarks of NA\,7EC]CD 2612 Tell Alas Noun America,Inc.All rights reserved.Tele Alms and Tele Al.Wit-Amen sa are trademarks of Tele Mad,Inc-®2G 12 by Applied Geographic SoLdlare.Al nglts resen!ed.For'tions U Copyright 2992 by WWaodall Publicad ons Corp Al lig Its reserved. 28 Sales Comparison Approach (Subject Property) Boynton Beach Federal Highway Listing 1 Comm+Industry Full Report 1417 N Federal Highway Highway,Boynton Beach FL 33435 List.Price:$675,GDO a# L List F Status: original List RX-145f1�141 Expired 675,I704 Number: Prop" CORNER LOT Price: Area: 4334 Desc Lisa Price: 675,000 " stir "ti,s Geo Area: PB12 Parcel ID: 08434521324010010 Waterfront: No County: Palm:.Beach Zoning: C4 For Sale: Yes r`s For Lease: No �$Subdivision:LAKE Add TO t BOYNTON Property Desc:CORNER LOT Legal Desc:LAKE ADD RO BOYNTON LTS1&2(LESS E17FT N FEDERAL HWY RJW)BILK 1 irtual Tour:Click to view'Vinual Tour Year Built:1959 RE Taxes:4,347 Miles to Expressway: Built Desc:Resale Tax Year:2018 Miles to Beach: Tot Bldg SgFt:364 SgFt Source:Tax Rolls Type:Commercial Industrial Total Units:1 Max Ceiing Hgt:g ff of Stories:1 Acres:0.2 Baths-#Toilets:1! ft of Meters: %Air Conditioned:140 Ann AssoclCondo Dues: OwneriAgent:No Building Info:#of offices:1 Auction:No Direetions:Federal Hwy SW coiner Federal Hwy S Martin Luther King Jr Blvd Showing Instructions:Appointment Only LO:BD2717 The byes Company 561-445-4964 LM:20419557 Janet Boorin 561 961-9144 l_aretl000riirkeyes.com ComiBuyerAgt:3% Cornma Ion-Repi 3% Trans Brk:3% Bonus: LI]:0211512419 VartDual hate:No List Type.Ex Rt List Off Agency:Transaction Broker XD:000512021 Broker Only Remarks:This Property has a highly visible comer lot. Any Broker Advertise:No Avail Docs:Aenal None Possession:Funding Avail Info:Photos Roof:Comp Rolled,Mixed Coming:Wall-Win AIC: Sale Includes:Building and:Land Flooring.Vinyl Floor Type of Building:Flee Standing Income Lease:None Tenant Pays:bone Heating:No Heat Terms Considered:Cash:Conventional Location: Utilities:224 Land Income: Use:Income,Retail Fire Protect:Smoke Alami Construction:Mixed' Days Oil Market:762 Cumulative DOM:762 Sold Price: Sold Price Sqft: Under Contract Lute: Buyer Office: Terms of Sale: Scald[late: Buyer Agent;: Public Remarks:Great visibility from Mis prime comer location can Federal Havy and Martin Luther King Jr Blvd,currently leased as ra restaurant business.With C4 zoning this property can be put to use in many ways.This spot has proven success(the previous tenant had to move to a larger space) With approximately one year left on the lease,this property is perfect for investment aswell as an ownerlbusiness By appointment only,do not disturb tenant. It should be noted that MLS shows the current status of this listing as expired. However, the listing agent (Janet Boorin) stated that the property was still on the market at the same price and that the MLS listing had not been updated as of the appraisal date. 29 Sales Comparison Approach Boynton Beach Federal Highway Sale No. 2 R rf"" 1 r, Prooerty Identification Record ID 10570 Property Type Commercial, Vacant Land Address 1320 South Federal Highway, Boynton Beach, Palm Beach County, Florida Location Northeast corner of South Federal Highway and Riviera Drive Tax ID 08-43-45-27-05-000-0021 Legal Description S 100' of Lot 2, Lee Manor Isles, PB 24, Pg 211 Sale Data Grantor Exsorro One, Inc. Grantee MJ Jackson Holdings, LLC Sale Date February 11, 2021 Deed Book/Page 32194/128 Property Rights Fee Simple Conditions of Sale Arm's length Financing Cash to seller Sale Price $1,100,000 30 Sales Comparison Approach Boynton Beach Federal Highway Sale No. 2 (Cont.) Land Data Zoning MU-1, Mixed Use Topography Cleared, all upland and useable Utilities All available Shape Irregular Land Use MXL, Mixed Use Low Land Size Information Gross Land Size 0.521 Acres or 22,686 SF Front Footage South Federal Highway; Riviera Drive; Indicators Sale Price/Gross Acre $2,112,140 Sale Price/Gross SF $48.49 Remarks This property was purchased for the development of a 3-story, 11,000 square foot, medical office/retail building. It was on the market at a listing price of $1,295,000 for 7 months prior to sale. 31 Sales Comparison Approach Boynton Beach Federal Highway Sale No. 3 I 7 u 1 r 4 { { t, 0� t Prooerty Identification Record ID 10571 Property Type Commercial, Vacant Land Address 1102 North Federal Highway, Boynton Beach, Palm Beach County, Florida Location Northeast corner of North Federal Highway and NE 10th Avenue Tax ID 08-43-45-21-32-002-0201 Legal Description Lengthy, parts of Lots 20-22, Block 2, Lake Addition, PB 11, PG 71 Sale Data Grantor Eckols "76, Ltd. & Eckols "86, Ltd. Grantee City of Boynton Beach Sale Date September 30, 2020 Deed Book/Page 31283/608 Property Rights Fee Simple Conditions of Sale Arm's length Financing Cash to seller Sale Price $869,000 32 Sales Comparison Approach Boynton Beach Federal Highway Sale No. 3 (Cont.) Land Data Zoning C-4, General Commercial Topography All upland and useable Utilities All available Shape Nearly Rectangular Land Use GC, General Commercial Land Size Information Gross Land Size 0.151 Acres or 6,573 SF Front Footage North Federal Highway; NE 10th Avenue; Indicators Sale Price/Gross Acre $5,758,959 Sale Price/Gross SF $132.21 Remarks This property was purchased for redevelopment by the City of Boynton Beach. It was improved with a 1,980 square foot retail building that was built in 1954 (66 years old). It had been renovated and appears to have contributed some value. 33 Sales Comparison Approach Boynton Beach Federal Highway Sale No. 4 44 Y 1. 4 f 3 r d r �. lll 1j) {ry �1. Prooerty Identification Record ID 10572 Property Type Commercial, Vacant Land Address 724 North Federal Highway, Boynton Beach, Palm Beach County, Florida Location Southeast corner of North Federal Highway and NE 7th Avenue Tax ID 08-43-45-22-03-002-0230 Legal Description Lots 23-25, Block 2, Boynton Place, PB 11, PG 40 Sale Data Grantor Michael Bornstein and Ina Bornstein Grantee L.G. Import-Export, Inc. D/B/A L.G. Auto Sales Sale Date January 10, 2020 Deed Book/Page 31163/422 Property Rights Fee Simple Conditions of Sale Arm's length Financing Cash to seller Sale Price $750,000 34 Sales Comparison Approach Boynton Beach Federal Highway Sale No. 4 (Cont.) Land Data Zoning C-4, General Commercial Topography All upland and useable Utilities All available Shape Rectangular Land Use GC, General Commercial Land Size Information Gross Land Size 0.323 Acres or 14,087 SF Front Footage North Federal Highway; NE 7th Avenue; Indicators Sale Price/Gross Acre $2,319,160 Sale Price/Gross SF $53.24 Remarks This property was purchased for continued use as a used car lot. It was improved with an 887 square foot building that was built in 1957 (63 years old) that appears to have contributed some value. 35 Sales Comparison Approach Boynton Beach Federal Highway Sale No. S S t 14}� f s' t Prooerty Identification Record ID 10573 Property Type Commercial, Vacant Land Address 501 North Federal Highway, Boynton Beach, Palm Beach County, Florida Location Northwest corner of North Federal Highway and NE 4th Avenue Tax ID 08-43-45-21-26-004-0090 & 08-43-45-21-26-004-0110 Legal Description Lengthy, Lots 9-12, Block 4, Robert Addition to Town of Boynton Beach Sale Data Grantor Julio Guanche Grantee 501 N Federal Hwy, LLC Sale Date October 22, 2018 Deed Book/Page 30209/763 Property Rights Fee Simple Conditions of Sale Arm's length Financing Cash to seller Sale Price $550,000 36 Sales Comparison Approach Boynton Beach Federal Highway Sale No. S (Cont.) Land Data Zoning CBD, Central Business District Topography All upland and useable Utilities All available Shape Rectangular Land Use MXM, Mixed Use Medium Land Size Information Gross Land Size 0.294 Acres or 12,824 SF Front Footage North Federal Highway; NE 4th Avenue; Indicators Sale Price/Gross Acre $1,868,216 Sale Price/Gross SF $42.89 Remarks This property was purchased for investment purposes and future redevelopment. It was improved with two adjacent buildings containing a total of 4,188 square foot building that were built in 1950 (68 years old) and 1955 (63 years old). The south building is currently being used and the north building is vacant and appear to have contributed some value. 37 Sales Comparison Approach Boynton Beach Federal Highway Listing 6 CommAndustry Full Report 1009 N Federal Highway,Boynton Beach,FL 33435 List.Price:5595,1100 „17 ik sisy List Status Original Last �i4 S Rx-t0�636827 Active g 595,00]0 Number: Property Price: Area: 433€3 Desc: 2nd from corner lot List Price: 595,1)00 Geo Area: PBt2 Parcel 0843452132001fl030 Waterfront, No County: Psalm Beach Ip: Zoning CA-GC tiaa For Sale: Yes (08-6B) �r For Eerie: Yes a Subdivision:LAKE ADD TO BOYNTON Property Desc:2nd from corner lot r T1s Legal lest:LAKE ADD TO BOYNTON LT 3(LESS ELY 17 FT N FEDERAL HWY Buil)&N 40 FT OF LT d(LESS ELY 17 FT N FEDERAL HWY#8bAf)BLK 1& Virtual Tour.CdscktoView Virtual Tour Year Built:1998 RE Taxes:4,776.78 Miles to Expressway:2 Built Desc: Tax Year:2019 Mites to Beach:1 Tot Bldg SgFt:501 SgFt Source:.Tax Rolls Type:Commercial Industrial Total Units:1 Max Ceiling Hgt:8 #of Stories:1 Acres:0.21 Baths-#Toilets:1, #of Meters:2 %Air Conditioned:1001 Ann Assoc,Condo Dues: OwnerlAgent:No Building Info:#of Offices 21 Interior Ceiling Hgt:8;#of Tenants:0,Miles to Expressway:2;Miles to Beach:1 Auction:No Directions:1-95 to Boynton Beach exit Head East on W Boynton Bch Blvd to Fed Hwy.North on Fed Hwy to 10109 N Fed Hwy.The property is the 2nd lot SW of the Intersection of Fed Hwy&MLK Blvd(aka NE 10th Ave) Showing Instructions:Call Listing Agent,Call Listing Office;combo Lochbox;Vacant,Text Listing Agent LCs:BD1477 REiM.AX Complete Solutions 561-322-3330 LM:604101381 Edward PHartman,PA 561-289-3469 Ned Hartman?REMAX.net ComlBuyerAgt:3% CommiNon-Rep:3% Trans Brk:3% Bonus: LD:07103121120 VarQual Rate:No, List Type:Ex Rt List Off Agency:Transaction Brooker Owner Name:THREE 608,562 CANADA INC Brisker Only Remarks:This is the farmer ENTERPRISE lot They were there for over 19 yearsl Use code is currently 2700-AUTO SALES. Any Broker Advertise:No Avail Docs:None Possession:At Closing Funding Avail Info:None Roof:Manufactured Cooling:Central Sale Includes:Building and Land Flooring:Carpet,Linoleum Type of Building:Free Standing Lease:None Tenant Pays:Electric,Insurance,Taxes,Water Heating:Other Terms Considered:Cash Location:City Utilities:Electric,Public'Water Land Income: Use:Other Fire Protect:None Construction.Manufactured Stucco Miscellaneous 1:Fenced Handicapped;Landscaped Ceiling:Acoustic,Suspended Miscellaneous 2:Office.Private Restroom;Separate Office Arra,Storm SewersSpecial Into:Corporate Owned,Foreign Seller Security:None Waterfront Details:None Days On Market:315 Cumulative DOM:315 Sold Price: Sold Price Sqft: tinder Contract Date: Buyer Office. Terms of Sale: Sold Date: Buyer Agent: Public Remarks:Location,location,location!Highly visible from the intersection,just 2 lents.South of the light.Talk about traffic being delivered to your front door')Well,the bus stops directly in front of the properly and your side walk leads customers to your front doorlll Farmer car rental would be great for another national brand car rental.Excellent prospect for development as the property is in the designated redevelopment distnctl Act fast this opportunity won't last hang; as it is the lowest priced property in the areal 38 Sales Comparison Approach Property Rights Transferred All of the comparable sales in this analysis involved ownership transfer on a Fee Simple Estate basis, with the buyers receiving full property rights. We are also unaware of any adverse deed restrictions or any other property rights limitations which would have affected the sales. Therefore, no adjustments were necessary for property rights transferred. Terms of Financing The transaction price of one property may differ from that of a similar property due to atypical financing arrangements. In a case where favorable financing is established, a cash equivalency adjustment is often necessary. However, all of the comparable sales analyzed herein involved either market financing terms or cash to the Grantor. Therefore, no terms of financing adjustments were made, nor any cash equivalency performed. Conditions of Sale Adjustments for conditions of sale usually reflect the motivations of the buyer and seller at the time of conveyance. Within the confirmation process, detailed attention was made to ensure the conditions of each sale. The majority of the comparable sales were considered arm's length, took place under typical market conditions and required no adjustments for conditions of sales. The Sale 3 property was purchased by the City of Boynton Beach for redevelopment. They own the adjacent property to the north and it appears that a significant premium was paid to assemble these properties. Therefore, we have applied a downward conditions of sale adjustment to Sale 3 to account for this factor. The listings (Subject Listing 1 and Listing 6) received downward conditions of sale adjustments because it is typical for properties to sell for less than the listing price. Time or Changes in Market Conditions Market conditions generally change over time and may be caused by inflation, deflation, fluctuations in supply and demand, or other factors. The sales occurred from October 2018 to the February 2021 with the listings being current as of the appraisal date. The Covid 19 pandemic has not appeared to impact values. The available market data indicates that values for this property type have increased since October 2018, when Sale 5 occurred, and were stable during 2020 and the first quarter of 2021. Therefore, we applied an upward adjustment to Sale 5 for time or changes in market conditions. The remaining comparables required no adjustment for this factor. 39 Sales Comparison Approach Location The Subject Property is considered to have a good location for commercial redevelopment. All of the comparables, which are located on Federal Highway in the City of Boynton Beach, are considered to be generally similar locations compared to the Subject and no locations adjustments were made. Land Size The Subject Property contains 0.21 acres. The comparables are very similar to the Subject in size ranging from 0.15 to 0.52 acres. Therefore, no land size adjustments were necessary in our opinion. Site Quality The Subject Property is considered to have a good overall site quality being level, all upland and useable. All of the comparables have generally similar overall site qualities compared to the Subject and no adjustments were made for this factor. Zonina/Future Land Use The Subject Property is zoned C-4, General Commercial, with a future land use plan designation of GC, General Commercial. Comparables 3, 4 and 6 have the same zoning and future land use plan designations as the Subject. Sales 2 and 5 have more flexible zoning and future land use plan designations allowing a mixture of uses. However, the available market data indicates no adjustments for these zoning differences in the current market. Therefore, no adjustments were made to Sales 2 and 5 for their different zoning and future land use plan designations compared to the Subject. Building Improvements The Subject Property is improved with a 62-year old building containing 364 square feet and asphalt paving for access and parking. In our opinion, the vast majority of the value for the Subject is in its land and the current improvements do not represent the Highest and Best Use of the site. However, they do contribute somewhat to the overall value of the land because they can produce rental income to help off-set holding costs until redevelopment occurs. Sale 2, which is a vacant site, received an upward adjustment for this factor. Sale 3 has a larger building than the Subject. It is similar in overall age but had been renovated and divided into two retail spaces. Based on these factors, Sale 3 received a significant downward adjustment for its superior building improvements compared to the Subject. Sale 5 has a larger but older building compared to the Subject and only the south portion is being used. Therefore, no building improvement adjustment was applied to Sale 5. Comparables 4 and 6, which have building improvements that provide value contributions similar 40 Sales Comparison Approach to the Subject, required not adjustments for this factor. It should be noted that the Listing 6 building is newer but of lower quality modular construction. Conclusion As can be seen on the comparable sales chart displayed earlier, the sales (2, 3, 4 and 5) indicate an adjusted range from $51.47 to $64.78 per square foot of land area, with an average of $55.71 per square foot. Listing 6 indicated an adjusted value near the lower end of this range at $51.76 per square foot. The Subject Property (Listing 1) indicated an adjusted value toward the upper end of the range indicated by the sales at $58.64 per square foot. All of the comparables were considered to provide reasonable indications of value for the Subject Property. Based on the available market data, it is our opinion that the Market Value of the Fee Simple Estate of the Subject Property as of May 15, 2021 was approximately $55.00 to $60.00 per square foot of land area or $530,000 calculated as follows: 9,208 Land Sq.Ft. X $55.00 Per Sq.Ft. = $506,440 9,208 Land Sq.Ft. X $60.00 Per Sq.Ft. = $552,480 Rounded = $530,000 41 ADDENDA ENGAGEMENT LETTER {hE I l Callaway Er Price nA I•,a-, a.�1 'l R -al Eska[Le Approusteirr. and Consijlltants Licensed Reall EstaLL- Hrukers sir,�� wwwacaIIawaVandpricee care Please respond to the South Florida office E-Mail; s.sharv@callawayandpr€te.com SOUTH FLORIDA 1410 Park Lane South,Suite 1 Jupiter,FL 33458 April �{7 {7Z� 561.686,0333 561,686,3705 Fax p r Michael R.Slade,MAI,SRA,CRE Cert Gen RZ116 m.sladeecallawayandprice.com Stephen D,Shaw,MAI,AI-GRS Theresa Utterback Cert Gen RZ1192 Development Services Manager s,shaW@)callaWayandprlce.com Boynton Beach CRA RobeitA.Callaway,MRICS 100 East Ocean Avenue Cert Gen RZ2461 r.callaway@callawayandprice.com Boynton, FL 33435 TRFASRRECOAST E-Mail: utterbackt@bbfl.us 1803 South 251'Street,Suite 1 Fort Pierce,FL 34941 772.464.86071772.461mo9rax pear Ms. Utterback: Stuart: 772.287,3330 Stephen G,Neill,Jr.,MAI We would be pleased to prepare an Appraisal Report on the property Cert GenRZ248D 5.neill@cullawayiindpfice.com located at 1017 North Federal Highway in Boynton Beach, Florida. It is our understanding that the purpose of the appraisal is to CENTRAL FLORIDA estimate the Market Value of the Fee Simple Estate. 2816 E,Robinson Street Orlando,FL 32803 This report will be prepared for our client and intended user, Phone (321)726-070 Boynton Beach CRA. The intended use is to assist the client for Fax (321)726-0384 internal purposes. The scope of work performed is specific to the needs of the intended user and the intended use. No other use is CertIGenRZII85MAl intended, and the scope of work may not be appropriate for other Cert Gen RZ2D8� c.phi€lips@callawayandprice.com uses. SPACECOAST The fee would be The fee is due and payable upon delivery 1120 Palmetto Avenue of the report. We will provide a PDF of the final report. Suite I Melbourne,FL 32901 Phone (321)726-0970 We will have the report completed in approximately 3 weeks from Fax (321)726-0384 the day we receive your authorization and information requested; Curtis L.Phillips,MAI be aware that delays in our receipt of information requested Cert GenRZ2085 could postpone completion. c.ph€ihpsecail awaya ndprice.com I f 4 Theresa Utterback Development Services Manager Boynton Beach CRA April-30, 2021 Page Three good faith belief that Contractor has knowingly hired, recruited or referred an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States for employment under this contract, the CRA shall terminate the contract. If the CRA that has a good faith belief that a subcontractor knowingly hired, recruited or referred an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States for employment under this Contract, the CRA shall promptly notify Contractor and order Contractor to immediately terminate the contract with the subcontractor. Contractor shall be liable for any additional costs Incurred by the CRA as a result of the termination of a contract based on Contractor's failure to comply with E-verify requirements referenced herein. If the above is agreeable to you, please sign below as our authorization and return it so that we may begin work immediately. This agreement is subject to the Agreements and Conditions listed on the attached pages, a copy of which should also be signed and returned to us. Our work will be done in accordance with the Appraisal Institute Code of Ethics and Standards of Professional Practice. Thank you for the opportunity to be of service. Respectfully submitted, CALLAWAY & PRICE, INC. Stephen D. Shaw, MAI, AI-GRS Cert.Gen. RZ1192 SDS/js Attachments Client: Boynton Beach CRA Accepted By\Date: wa4l� April 30,2021 Signature Date Name and Title (Printed or Typed): Michael Simon, Executive Director E k CONDITIONS OF AGREEMENT 1. Premise: The completed report shall comply with the professional and ethical standards of the Appraisal Institute. The report will be addressed to the Client, or, as directed by the Client. 2. Compensation: The fee is due and payable as designated in the contract letter; the retainer is to be sent to the Appraiser along with the signed contract letter, which constitutes authorization to commence the assignment. The Appraiser's/Consultant's compensation is in no event contingent upon a predetermined value or conclusion. 3. Completion Date: Every effort will be made to deliver the report as per the specified date in the contract letter. If delays occur for reasons beyond the control of the Appraiser/Consultant, such as not receiving necessary data requested from the Client in a timely manner, changes in the scope of services of the assignment, acts of God, et cetera, the due date shall be extended. 4. Changes: The Appraiser/Consultant shall, to the best of his ability, complete the assignment in compliance with professional and ethical standards of the appraisal industry. Changes which are not in keeping with these standards will necessitate a new contract letter and renegotiation of the original fee; or billed on a time basis plus the original fee. 5. Cancellation: This agreement may be cancelled by the Client by written notice, or telephone followed by written notice. Appraiser/Consultant shall submit a statement based on professional time and expenses accrued, if applicable, for all services expended to the date of cancellation. 6. Additional Report Copies: Additional copies will be furnished upon request, and prepayment of $1 per page per report. 7. Collection: All fees and expenses are due upon delivery of the final report. A late charge of 1.5% per month shall be imposed on balances unpaid 30 days after the statement date. If collection efforts become necessary, all costs for same, including court costs and attorney's fees will be added to the balance due. We are currently operating under an agreement with a collection agency which charges us 53.8%. IF THEIR COLLECTION SERVICES ARE REQUIRED, CLIENT'S TOTAL BALANCE DUE WILL BE INCREASED BY 53.8%. S. Limiting Conditions: This agreement and the completed report shall be subject to the attached Limiting Conditions {also included in said report}. I i i i 9. Confidential Data: Data assembled for the assignment will remain the property of the Appraiser/Consultant. Data provided by the Client will be held in file, unless otherwise instructed by the Client, and considered confidential. Appraiser/Consultant is authorized by the Client to disclose the report to appropriate representative of the Appraisal Institute to comply with the Bylaws and regulations of this professional organization. I hereby agree to the Conditions of Agreement outlined above. April 30, 2021 Client's Dame Date of Acceptance f Limitlpg Conditions LIMITING CONDITIONS I. Unless otherwise stated, the value appearing in this appraisal represents the opinion of the Market Value or the Value Defined A5 OF THE DATE SPECIFIED. Market Value of real estate is affected by national and local economic conditions and consequently will vary with future changes in such conditions. 2. The value estimated in this appraisal report is gross, without consideration given to any encumbrance, restriction or question of title, unless specifically defined, 3. This appraisal report covers only the property described and any values or rates utilized are not to be construed as applicable to any other property, however similar the properties might be. 4. It is assumed that the title to the premises is good; that the legal description is correct; that the improvements are entirely and correctly located on the property described and that there are no encroachments on this property, but no investigation or survey has been made. 5. This appraisal expresses our opinion, and employment to make this appraisal was in no way contingent upon the reporting of predetermined value or conclusion. 6. No responsibility is assumed for matters legal in nature, nor is any opinion of title rendered. In the performance of our investigation and analysis leading to the conclusions reached herein, the statements of others were relied on. No liability is assumed for the correctness of these statements; and, in any event, the appraiser's total liability for this report is limited to the actual fee charged. 7. Neither all nor any part of the contents of this report (especially any conclusions, the identity of the appraiser or the firm with which he is connected, or any reference to the Appraisal Institute or any of its designations) shall be disseminated to the public through advertising media, public relations media, news media, sales media or any other public means of communication without our prior written consent and approval. 8. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures which would render it more or less valuable. The appraiser assumes no responsibility for such conditions or the engineering which might be required to discover these factors. 9. Unless otherwise stated in this report, tine existence of hazardous substances, including without limitation stachybotrys chartarum (mold), asbestos, polychlorinated biphenyls, petroleum leakage, "Chinese drywall" or agricultural chemicals, which may or may not be present on the property, or other environmental conditions, were not called to the attention of, nor did the appraiser become aware of such during the appraiser's inspection. The appraiser has no knowledge of the existence of such materials on or in the property unless otherwise stated. The appraiser, however, is not qualified to test for such substances or conditions. If the presence of such substances, such as asbestos, urea formaldehyde foam insulation, or other hazardous substances or environmental conditions, may affect the value of the property, the value estimated is predicated on the assumption that there is no such proximity thereto that would cause a loss in value. We are unaware of very wet conditions that may have existed for days or weeks which are required to grow mold. No responsibility is assumed for any such conditions, nor for any expertise or engineering knowledge required to discover them. 10. The Americans with Disabilities Act("ADA") became effective January 26, 1992. The appraiser has not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this fact could have a negative effect upon the value of the property. Since the appraiser has no direct evidence relating to this issue, possible noncompliance with the requirements of ADA in estimating the value of the property has not been considered. QUALIFICATIONS F Qualifications —Stephen D. Shaw, MAI, AI-GRS Professional Des ignations\Licenses\Certifications Member, Appraisal Institute, MAI Designation #10461 Member, Appraisal Institute, AI-GRS State-certified general real estate appraiser RZ1192 Florida State Licensed Real Estate Salesman 0495422 Professional Experience Principal, Callaway & Price, Inc., since January 1999 Senior Appraisal Consultant, Callaway & Price, Inc., since July 1997 - December 1998 Appraisal Consultant, Callaway & Price, Inc., since April 1994 Associate Appraiser, Pinel & Carpenter, Inc., Orlando, April 1992 - March 1994 Appraiser/Researcher, Callaway & Price, Inc., September 1987 - March 1992 Special Magistrate Palm Beach County 1996-2012 Special Magistrate, Martin County, 2009 Qualified as an Expert Witness Palm Beach County, Florida Martin County, Florida Broward County, Florida Sarasota County, Florida Education Bachelor of Science Degree, Business Administration, Major in Real Estate and Finance, University of Florida Appraisal Institute: Course 101 - An Introduction to Appraising Real Property, 1992 Course 201 - Principles of Income Producing Properties, 1991 Course 2-1 - Case Studies in Real Estate Valuation, 1992 Course 540 - Report Writing and Valuation Analysis, 1993 Course 2-3 - Standards of Professional Practice Parts A & B, 1991 Review Theory - General Numerous seminars sponsored by the Appraisal Institute Appraisinq\Consulting Expertise Acreage Medical Office Sites ACLFs Surgery Centers Apartment Complexes Self-Storage Facilities Automotive Service Facilities Office Buildings Bowling Alleys Office/Warehouses Commercial Buildings Retail Buildings Condominium Projects Restaurants Eminent Domain Special Purpose Properties Golf Courses Shopping Centers Hospitals Vacant Commercial Land Hotels Vacant Industrial Land Marinas Vacant Multifamily Pods Medical Office Buildings Vacant Residential Land Medical Office Condominiums Vacant Single-Family Subdivisions Medical Campus Sites Warehouses F Qualifications —Stephen D. Shaw, AoW, /- Organizations and Affiliations Appraisal Institute: Experience Review Committee Ethics & Counseling Committee South Florida Chapter Board of Directors Business Development Board Palm Beach County, Member i y Z O Q~70 W E u J0 D to r ^ W N W D N Z w m p o N W jFCN Z J LL a� C V c 0 U , ,Cl*4 (y—I1 ! t W fB (6 4-j 4z4 g �if`t s? j '�k ttVlj}ftff ff 3t J( i� � a tf �t m �T i '6z e1a��7 7�[ C C �t� �� �t§ �� •L f6 li +� �q��`' 4-j �i� '''iiil{k M�� l� S x>= �? /'► jfi � I{{t } y &1 �R U114 s L IV fts { 6 f All LL 4-jZ �� t �iit ti LL 11�1::11�1r 6 ti �,>j0.}r D,etQ�f trrn 'r Sti ' I 0 0 7 n tits Ys .... X11 0 "5"p r f LV 0 " S — t<C-, W i 1 �� 97 t iso 1 i ��� p t s (6 L }t t� rZ ��bbi Y� � � � N 0 � �itrru4s}IIS lJ "IF � �fi . 0 —• �� i � I� e t � t' 31r s }tCt��;��)?'N1�`� IHI�_ �" � � s t 0 ' � � 0 � _ WUJ LL 0 „lfi; J W_ Q N Z LLL� 0 � > W a u o W (D 2U 4 F- W o W H HIM i I ua/ifications — Joe A& Aferritt Professional Desi gnations\Licenses\Certifications State-certified general real estate appraiser RZ672 Professional Experience Staff Appraiser, First Federal Savings & Loan Association of Delray Beach, 1977-1982 Associate Appraiser, Callaway & Price, Inc., since September 1982 Qualified As An Expert Witness Circuit Court of Palm Beach County, Florida Education Florida Real Estate Commission, Course 1, 1977 Appraisal Institute: Course 101 - An Introduction to Appraising Real Property, 1978 Course 201 - Principles of Income Property Appraising, 1978 Narrative Report Writing Seminar & R-2 Examination, 1978 Course 1A-1 - Real Estate Appraisal Principles, 1987 Course 1A-2 - Basic Valuation Procedures, 1987 USPAP Core Law for Appraisers, 1994 Appraisal Review, 1994 Numerous Continuing Education Courses and Seminars by: Appraisal Institute Gold Coast Professional Schools Bert Rodgers Schools McKissock Appraisal School South Florida Water Management District Appraisinq\Consulting Expertise Agricultural Land Marinas Automobile Dealerships Office Buildings Civic Sites Regional Malls Commercial Buildings Retail Buildings Condominium Projects Self Storage Facilities Eminent Domain Shopping Centers Environmentally Sensitive Lands Sovereignty Submerged Land Gas Stations/Convenience Stores Special Purpose Properties Golf Courses Commercial Land Market/Feasibility Studies Industrial Land Warehouses Residential Land i y 70Z O 4 Q~ W E u Jo D to r ^ W N W D N Z w m p W014 N LL 1 a r F ref ,r N 1 cq V ry �a(yslit , i, t N01 0 V lv � ifi > i i U �_", v ts'yti ��` vet ♦-I V I ism 4f ti ' ttS rSi tu)t �( [ �� N " �� � v >, arrt tt,: fB c6 uj 4-1 61111 f: y �} t tf W m W L JELI F - i1 N: d i 4-j LL �4 }9 6 �t, 1��t} Def r S i {�1 { l i � � p 0 t R , r. 4 N Z s rrr•�''it AIXr ��tktti��� }}}}}} { i�'j a4� vi ��vi'� - p W 411 ,pit U d r {1 e W (� �ts jl��l } su tN14 �� s g Fathl {'�� fja't Q vI r 6 0 tus s } I �z r r N L IpUtl4�4 �! 76i a '. � �, j�,.- �i �tv e -'i1q" 14�a y° N S �°`'t 7"7 t}�}} y s`S eApi Q §§ t f` {I1r t� rr" N' vt5 'k �`t{lt{j(��i�ttS�ts1>j7t{ Sf� { situ 0 > LL W ' cn,,, � N WLU o Z LL EL- P: L- Q Q > W a u o W (D 2U 4 ~ W o W H HIM "Pir' � r i I Ej �k Commercial Contract %J I�,J 1 1. PARTIES AND PROPERTY: Community Redevelopment Agency ("Buyer") 2 agrees to buy and Maria L Barrera & Lucila Barrera ("Seller") 3 agrees to sell the property at: 4 Street Address: 1017 N Federal Hwy 5 Boynton Beach FL 33435 6 Legal Description: LAKE ADD RO BOYNTON LTS1 & 2(LESS E17FT N FEDERAL EW R/W) ELK 1 7 PCN # 08-43-45-21-32-001-0010 8 and the following Personal Property: 9 10 (all collectively referred to as the"Property")on the terms and conditions set forth below. 11 2. PURCHASE PRICE: $ 685,000.00 12 (a) Deposit held in escrow by: The Keyes Company $ 13 ("Escrow Agent")(checks are subject to actual and final collection) 14 Escrow Agent's address: 2121 SW 3rd Ave., snits 101, Miami 33129 Phone:305-371-3592 15 (b)Additional deposit to be made to Escrow Agent 16 ❑within days (3 days, if left blank)after completion of Due Diligence Period or 17 ®within 3 days after Effective Date $ 50,000.00 18 (c)Additional deposit to be made to Escrow Agent 19 Elwithin days (3 days, if left blank)after completion of Due Diligence Period or 20 Owithin days after Effective Date $ 21 (d)Total financing (see Paragraph 5) $ 22 (e)Other $ 23 (f)All deposits will be credited to the purchase price at closing. 24 Balance to close, subject to adjustments and prorations,to be paid 25 via wire transfer. $ 635,000.00 26 For the purposes of this paragraph, "completion" means the end of the Due Diligence Period or upon delivery of 27 Buyer's written notice of acceptability. 28 3.TIME FOR ACCEPTANCE; EFFECTIVE DATE; COMPUTATION OF TIME: Unless this offer is signed by Seller 29 and Buyer and an executed copy delivered to all parties on or before 6/30/2021 , this offer 30 will be withdrawn and the Buyer's deposit, if any, will be returned. The time for acceptance of any counter offer will be 31 3 days from the date the counter offer is delivered. The"Effective Date" of this Contract is the date on which the 32 last one of the Seller and Buyer has signed or initialed and delivered this offer or the final counter offer or 33 . Calendar days will be used when computing time periods, except time periods of 5 34 days or less. Time periods of 5 days or less will be computed without including Saturday, Sunday, or national legal 35 holidays. Any time period ending on a Saturday, Sunday, or national legal holiday will extend until 5:00 p.m. of the next 36 business day. Time is of the essence in this Contract. 37 4. CLOSING DATE AND LOCATION: 38 (a)Closing Date:This transaction will be closed on 8/20/2021 (Closing Date), unless 39 specifically extended by other provisions of this Contract. The Closing Date will prevail over all other time periods 40 including, but not limited to, Financing and Due Diligence periods. In the event insurance underwriting is suspended Buyer )and Seller( acknowledge receipt of a copy of this page,which is Page 1 of 8 Pages. CC-5 Rev.9/17 02017 Florida Realtorse YnstanefiK.>IRM5, 41 on Closing Date and Buyer is unable to obtain property insurance, Buyer may postpone closing up to 5 days after 42 the insurance underwriting suspension is lifted. 43 (b) Location: Closing will take place in Palm Beach County, Florida. (If left blank, closing will take place in the 44 county where the property is located.)Closing may be conducted by mail or electronic means. 45 5. THIRD PARTY FINANCING: 46 BUYER'S OBLIGATION: On or before days (5 days if left blank)after Effective Date, Buyer will apply for third 47 partyfinancing in an amount not to exceed %of the purchase price or$ , with a fixed 48 interest rate not to exceed % per year with an initial variable interest rate not to exceed %, with points or 49 commitment or loan fees not to exceed % of the principal amount,for a term of years, and amortized 50 over years, with additional terms as follows: 51 Not Applicable 52 Buyer will timely provide any and all credit, employment,financial and other information reasonably required by any 53 lender. Buyer will use good faith and reasonable diligence to(i)obtain Loan Approval within 30 days (45 days if left 54 blank)from Effective Date(Loan Approval Date), (ii)satisfy terms and conditions of the Loan Approval, and (iii)close 55 the loan. Buyer will keep Seller and Broker fully informed about loan application status and authorizes the mortgage 56 broker and lender to disclose all such information to Seller and Broker. Buyer will notify Seller immediately upon 57 obtaining financing or being rejected by a lender. CANCELLATION: If Buyer, after using good faith and reasonable 58 diligence,fails to obtain Loan Approval by Loan Approval Date, Buyer may within days (3 days if left blank) 59 deliver written notice to Seller stating Buyer either waives this financing contingency or cancels this Contract. 60 If Buyer does neither, then Seller may cancel this Contract by delivering written notice to Buyer at any time thereafter. 61 Unless this financing contingency has been waived, this Contract shall remain subject to the satisfaction, by closing, of 62 those conditions of Loan Approval related to the Property. DEPOSIT(S) (for purposes of Paragraph 5 only): If Buyer 63 has used good faith and reasonable diligence but does not obtain Loan Approval by Loan Approval Date and 64 thereafter either party elects to cancel this Contract as set forth above or the lender fails or refuses to close on or 65 before the Closing Date without fault on Buyer's part, the Deposit(s)shall be returned to Buyer, whereupon both ss parties will be released from all further obligations under this Contract, except for obligations stated herein as surviving 67 the termination of this Contract. If neither party elects to terminate this Contract as set forth above or Buyer fails to use 68 good faith or reasonable diligence as set forth above, Seller will be entitled to retain the Deposit(s) if the transaction 69 does not close. For purposes of this Contract, "Loan Approval" means a statement by the lender setting forth the terms 70 and conditions upon which the lender is willing to make a particular mortgage loan to a particular buyer. Neither a pre- 71 approval letter not a prequalification letter shall be deemed a Loan Approval for purposes of this Contract. 72 6. TITLE: Seller has the legal capacity to and will convey marketable title to the Property by ®statutory warranty 73 deed ❑ special warranty deed ❑ other ,free of liens, easements and 74 encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenants, 75 restrictions and public utility easements of record; existing zoning and governmental regulations; and (list any other 76 matters to which title will be subject) c-4 General commercial 77 78 provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the 79 Property as TSD 80 (a) Evidence of Title: The party who pays the premium for the title insurance policy will select the closing agent 81 and pay for the title search and closing services. Seller will, at(check one) ❑ Seller's IV Buyer's expense and 82 within days after Effective Date or at least to days before Closing Date deliver to Buyer(check one) 83 ® (i)a title insurance commitment by a Florida licensed title insurer setting forth those matters to be discharged by 84 Seller at or before Closing and, upon Buyer recording the deed, an owner's policy in the amount of the purchase 85 price for fee simple title subject only to exceptions stated above. If Buyer is paying for the evidence of title and 86 Seller has an owner's policy, Seller will deliver a copy to Buyer within 15 days after Effective Date. ❑(ii.)an 87 abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an existing firm. 88 However, if such an abstract is not available to Seller, then a prior owners title policy acceptable to the proposed 89 insurer as a base for reissuance of coverage may be used.The prior policy will include copies of all policy 90 exceptions and an update in a format acceptable to Buyer from the policy effective date and certified to Buyer or Buyer(�)C____j and Seller L acknowledge receipt of a copy of this page,which is Page 2 of 8 Pages. CC-5 Rev.9/17 02017 Florida Realtorse {ns onetF W::�w, 91 Buyer's closing agent together with copies of all documents recited in the prior policy and in the update. If such 92 an abstract or prior policy is not available to Seller then (i.)above will be the evidence of title. 93 (b)Title Examination: Buyer will,within 15 days from receipt of the evidence of title deliver written notice to Seller 94 of title defects.Title will be deemed acceptable to Buyer if(1) Buyer fails to deliver proper notice of defects or(2) 95 Buyer delivers proper written notice and Seller cures the defects within days from receipt of the notice 96 ("Curative Period"). Seller shall use good faith efforts to cure the defects. If the defects are cured within the 97 Curative Period, closing will occur on the latter of 10 days after receipt by Buyer of notice of such curing or the 98 scheduled Closing Date. Seller may elect not to cure defects if Seller reasonably believes any defect cannot be 99 cured within the Curative Period. If the defects are not cured within the Curative Period, Buyer will have 10 days 100 from receipt of notice of Seller's inability to cure the defects to elect whether to terminate this Contract or accept 101 title subject to existing defects and close the transaction without reduction in purchase price. 102 (c)Survey: (check applicable provisions below) 103 (i.) ❑ Seller will, within days from Effective Date, deliver to Buyer copies of prior surveys, 104 plans,specifications, and engineering documents, if any, and the following documents relevant to this 105 transaction: 106 107 prepared for Seller or in Seller's possession, which show all currently existing structures. In the event this 108 transaction does not close, all documents provided by Seller will be returned to Seller within 10 days from the 109 date this Contract is terminated. 110 h Buyer will, at ❑ Seller's ❑ Buyer's expense and within the time period allowed to deliver and examine 111 title evidence, obtain a current certified survey of the Property from a registered surveyor. If the survey reveals 112 encroachments on the Property or that the improvements encroach on the lands of another, ❑ Buyer will 113 accept the Property with existing encroachments ❑ such encroachments will constitute a title defect to be 114 cured within the Curative Period. 115 (d) Ingress and Egress: Seller warrants that the Property presently has ingress and egress. 116 7. PROPERTY CONDITION: Seller will deliver the Property to Buyer at the time agreed in its present"as is"condition, 117 ordinary wear and tear excepted, and will maintain the landscaping and grounds in a comparable condition.Seller 118 makes no warranties other than marketability of title. In the event that the condition of the Property has materially 119 changed since the expiration of the Due Diligence Period, Buyer may elect to terminate the Contract and receive a 120 refund of any and all deposits paid, plus interest, if applicable, or require Seller to return the Property to the required 121 condition existing as of the end of Due Diligence period,the cost of which is not to exceed $ (1.5%of 122 the purchase price, if left blank). By accepting the Property"as is", Buyer waives all claims against Seller for any 123 defects in the Property. (Check(a)or(b)) 124 ® (a)As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its"as is" 125 condition. 126 ❑ (b) Due Diligence Period: Buyer will, at Buyer's expense and within days from Effective Date ("Due 127 Diligence Period"),determine whether the Property is suitable, in Buyer's sole and absolute discretion. During the 128 term of this Contract,Buyer may conduct any tests, analyses, surveys and investigations ("Inspections")which 129 Buyer deems necessaryto determine to Buyer's satisfaction the Propertys engineering, architectural, 130 environmental properties;zoning and zoning restrictions;flood zone designation and restrictions; subdivision 131 regulations; soil and grade; availability of access to public roads,water, and other utilities; consistency with local, 132 state and regional growth management and comprehensive land use plans; availability of permits, government 133 approvals and licenses; compliance with American with Disabilities Act; absence of asbestos, soil and ground 134 water contamination; and other inspections that Buyer deems appropriate. Buyer will deliver written notice to 135 Seller prior to the expiration of the Due Diligence Period of Buyer's determination of whether or not the Property 136 is acceptable. Buyer's failure to comply with this notice requirement will constitute acceptance of the Property in 137 its present"as is"condition. Seller grants to Buyer, its agents, contractors and assigns,the right to enter the 138 Property at any time during the term of this Contract for the purpose of conducting Inspections, upon reasonable 139 notice, at a mutually agreed upon time; provided, however, that Buyer, its agents, contractors and assigns enter 140 the Property and conduct Inspections at their own risk. Buyer will indemnify and hold Seller harmless from 141 losses,damages, costs, claims and expenses of any nature, including attomeys'fees at all levels, and from 142 liability to any person, arising from the conduct of any and all inspections or any work authorized by Buyer. Buyer 143 will not engage in any activity that could result in a mechanic's lien being filed against the Property without 144 Seller's prior written consent. In the event this transaction does not close, (1) Buyer will repair all damages to the Buyer (�)and Seller acknowledge receipt of a copy of this page,which is Page 3 of 8 Pages. CC-5 Rev.9/17 02017 Florida Realtors® InstonetF R,AS 145 Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the 146 Inspections, and(2)Buyer will, at Buyer's expense release to Seller all reports and other work generated a s a 147 result of the Inspections. Should Buyer deliver timely notice that the Property is not acceptable, Seller agrees that 148 is deposit will be immediately returned to Buyer and the Contract terminated. 149 ( )Walk4hrough Inspection: r may, on the day prior to closing or any other time mutually agreeable to the 150 parties, conduct a final"walk-through"inspection of the Property to determine compliance with this paragraph and 151 to ensure that all Property is on the premises. 152 8.OPERATIONI I Seller will continue to operate the Property and any 153 business conducted on the Property in the manner operated prior to Contract and will take no action that would 154 adversely impact the Property after closing, as to tenants, lenders or business, if any.Any changes, such as renting 155 vacant space, that materially affect the Property or Buyer's intended use of the Property ill be permittedonly with 156 Buyer's consent 12without is consent. 157 9.CLOSING : Unless otherwise agreed or stated herein, closing procedure shall be in accordance with 158 the norms where the Property is located. 159 (a) Possession and Occupancy: Seller will deliver possession and occupancy of the Property to Buyer at 160 closing. Seller will provide keys, remote controls, and any curl /access codes necessary to operate all locks, 161 mailboxes, and security systems. 162 ( )Costs: Buyer will pay Buyer's atto eys'fees, taxes and recording fees on notes, mortgages and financing 163 statements and recording fees for the deed. Seller will pay Seller's atto eys'fees,taxes on the deed and 164 recording fees for documents needed to cure title defects. If Seller is obligated to discharge any encumbrance at or 165 prior to closing and fails to do so, Buyer may use purchase proceeds to satisfy the encumbrances. 166 ( ) :Seller will provide the deed; bill of sale; mechanic's lien affidavit; originals of those assignable 167 service and maintenance contracts that will be assumed by Buyer after the Closing Date and letters to each 166 service contractor from Seller advising each of them of the sale of the Property and, if applicable,the transfer of its 169 contract,and any assignable warranties or guarantees received or held by Seller from any manufacturer, 170 contractor, subcontractor, or material supplier in connection with the Property; current copies of the condominium 171 documents, if applicable; assignments of leases, updated rent roll;tenant and lender estoppels letters(if 172 applicable);tenant subordination, non-disturbance and attornment agreements ( s)required by the Buyer or 179 Buyer's lender;assignments of permits and licenses; corrective instruments;and letters notifying tenants of the 174 change in ownership/rental agent. If any tenant refuses to execute an estoppels letter, Seller, if requested by the 175 Buyer in writing, ill certify that information regarding the tenant's lease is correct. If Seller is an entity, Seller will 176 deliver a resolution of its governing authority authorizing the sale and delivery of the deed and certification 177 appropriate party certifying the resolution and setting forth facts showing the conveyance conforms ty thethe 178 requirements of local law. Seller ill transfer security deposits t Buyer. r will provide the closi 179 mortgages and notes, security agreements, and financing statements. ng statement, 180 ( )Taxes roai s: Real estate taxes, personal property taxes on any tangible personal property, bond 181 payments assumed by Buyer, interest, rents(based on actual collected rents), association dues, insurance 162 premiums acceptable to Buyer, and operating expenses will be prorated through the day before closing. If the 183 amount of taxes for the current year cannot be ascertained, rates for the previous year will be used with due 184 allowance being made for improvements and exemptions.Any tax proration based on an estimate will, at request 185 of either party, be readjusted upon receipt of current year's tax bill;this provision will survive closing. 186 O Special Assessmenti n : Certified, confirmed,and ratified special assessment liens as of the Closing Date 187 will be paid by Seller. If a certified, nfi ,and ratified special assessment is payable in installments, Seller will 186 pay all installments due and payable on or before the Closing Date,with any installment for any period extending 189 beyond the Closing Date prorated, and Buyer will assume all installments that become due and payable after the 190 Closing Date. Buyer will be responsible for all assessments of any kind which become due and owing after Closing 191 Date, unless an improvement is substantially completed of Closing ate. If an improvement is substantially 192 completed as of the Closing Date but has not resulted in a lien before closing, Seller will pay the amount of the last 193 estimate of the assessment. This subsection applies to special assessment liens imposed by a public body and 194 does not apply to condominium association special assessments. 195 ( reign Investment in Real Property Tax Act( I ): If Seller is "foreign person"as defined by FIRPTA, 196 Seller and Buyer agree to comply with Section 1445 of the Internal Revenue Code. Seller and Buyer will 197 complete, execute, and deliver as directed any instrument, affidavit, or statement reasonably necessary t Buyer o comply ac olede receipt of a copy of this page,which is Page 4 of 8 Pages. CC-5 Rev.9/17 02017 Florida Realtors 198 with the FIRPTA requirements, including delivery of their respective federal taxpayer identification numbers or 199 Social Security Numbers to the closing agent. If Buyer does not pay sufficient cash at closing to meet the 200 withholding requirement, Seller will deliver to Buyer at closing the additional cash necessary to satisfy the 201 requirement. 202 10. ESCROW AGENT: Seller and Buyer authorize Escrow Agent or Closing Agent(collectively"Agent")to receive, 203 deposit, and hold funds and other property in escrow and, subject to collection, disburse them in accordance with the 204 terms of this Contract.The parties agree that Agent will not be liable to any person for misdelivery of escrowed items to 205 Seller or Buyer, unless the misdelivery is due to Agent's willful breach of this Contract or gross negligence. If Agent 206 has doubt as to Agent's duties or obligations under this Contract, Agent may, at Agent's option,(a)hold the escrowed 207 items until the parties mutually agree to its disbursement or until a court of competent jurisdiction or arbitrator 208 determines the rights of the parties or(b)deposit the escrowed items with the clerk of the court having jurisdiction over 209 the matter and file an action in interpleader. Upon notifying the parties of such action,Agent will be released from all 210 liability except for the duty to account for items previously delivered out of escrow. If Agent is a licensed real estate 211 broker,Agent will comply with Chapter 475, Florida Statutes. In any suit in which Agent interpleads the escrowed items 212 or is made a party because of acting as Agent hereunder,Agent will recover reasonable attorneys fees and costs 213 incurred, with these amounts to be paid from and out of the escrowed items and charged and awarded as court costs 214 in favor of the prevailing party. 215 11. CURE PERIOD: Prior to any claim for default being made, a party will have an opportunity to cure any alleged 216 default. If a party fails to comply with any provision of this Contract,the other party will deliver written notice to the non- 217 complying party specifying the non-compliance.The non-complying party will have days (5 days if left blank)after 218 delivery of such notice to cure the non-compliance. Notice and cure shall not apply to failure to close. 219 12. FORCE MAJEURE: Buyer or Seller shall not be required to perform any obligation under this Contract or be liable 220 to each other for damages so long as performance or non-performance of the obligation, or the availability of services, 221 insurance, or required approvals essential to Closing, is disrupted, delayed, caused or prevented by Force Majeure. 222 "Force Majeure" means: hurricanes,floods, extreme weather, earthquakes,fire, or other acts of God, unusual 223 transportation delays, or wars, insurrections, or acts of terrorism,which, by exercise of reasonable diligent effort,the 224 non-performing party is unable in whole or in part to prevent or overcome. All time periods, including Closing Date,will 225 be extended a reasonable time up to 7 days after the Force Majeure no longer prevents performance under this 226 Contract, provided, however, if such Force Majeure continues to prevent performance under this Contract more than 227 30 days beyond Closing Date,then either party may terminate this Contract by delivering written notice to the other 228 and the Deposit shall be refunded to Buyer,thereby releasing Buyer and Seller from all further obligations under this Contract. 229 13. RETURN OF DEPOSIT: Unless otherwise specified in the Contract, in the event any condition of this Contract is 230 not met and Buyer has timely given any required notice regarding the condition having not been met, Buyer's deposit 231 will be returned in accordance with applicable Florida Laws and regulations. 232 14. DEFAULT: 233 (a) In the event the sale is not closed due to any default or failure on the part of Seller other than failure to make 234 the title marketable after diligent effort, Buyer may elect to receive return of Buyer's deposit without thereby 235 waiving any action for damages resulting from Seller's breach and may seek to recover such damages or seek 236 specific performance. If Buyer elects a deposit refund, Seller may be liable to Broker for the full amount of the 237 brokerage fee. 238 (b) In the event the sale is not closed due to any default or failure on the part of Buyer, Seller may either(1) 239 retain all deposit(s)paid or agreed to be paid by Buyer as agreed upon liquidated damages, consideration for the 240 execution of this Contract, and in full settlement of any claims, upon which this Contract will terminate or(2)seek 241 specific performance. If Buyer fails to timely place a deposit as required by this Contract, Seller may either(1) 242 terminate the Contract and seek the remedy outlined in this subparagraph or(2) proceed with the Contract without 243 waiving any remedy for Buyer's default. 244 15.ATTORNEY'S FEES AND COSTS: In any claim or controversy arising out of or relating to this Contract, the 245 prevailing party, which for purposes of this provision will include Buyer, Seller and Broker,will be awarded reasonable 246 attorneys'fees, costs, and expenses. 247 16. NOTICES: All notices will be in writing and may be delivered by mail, overnight courier, personal delivery, or 248 electronic means. Parties agree to send all notices to addresses specified on the signature page(s).Any notice, 249 document, or item given by or delivered to an attorney or real estate licensee(including a transaction broker) 250 representing a party will be as effective as if given by or delivered to that party. Buyer(_ ) and Seller( .)Lkoj acknowledge receipt of a copy of this page,which is Page 5 of 8 Pages. CC-5 Rev.9/17 02017 Florida Realtorse In tonetr r;, 251 17. DISCLOSURES: 252 (a)Commercial Real Estate Sales Commission Lien Act:The Florida Commercial Real Estate Sales 253 Commission Lien Act provides that a broker has a lien upon the owner's net proceeds from the sale of 254 commercial real estate for any commission earned by the broker under a brokerage agreement.The lien upon the 255 owner's net proceeds is a lien upon personal property which attaches to the owner's net proceeds and does not 256 attach to any interest in real property.This lien right cannot be waived before the commission is earned. 257 (b) Special Assessment Liens Imposed by Public Body: The Property may be subject to unpaid special 258 assessment lien(s) imposed by a public body. (A public body includes a Community Development District.) Such 259 liens, if any, shall be paid as set forth in Paragraph 9(e). 260 (c) Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in 261 sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that 262 exceed federal and state guidelines have been found in buildings in Florida.Additional information regarding radon 263 and radon testing may be obtained from your county public health unit. 264 (d) Energy-Efficiency Rating Information: Buyer acknowledges receipt of the information brochure required by 265 Section 553.996, Florida Statutes. 266 18. RISK OF LOSS: 267 (a) If, after the Effective Date and before closing, the Property is damaged by fire or other casualty, Seller will 268 bear the risk of loss and Buyer may cancel this Contract without liability and the deposit(s)will be returned to 269 Buyer.Alternatively, Buyer will have the option of purchasing the Property at the agreed upon purchase price and 270 Seller will credit the deductible, if any and transfer to Buyer at closing any insurance proceeds, or Seller's claim 271 to any insurance proceeds payable for the damage. Seller will cooperate with and assist Buyer in collecting any 272 such proceeds. Seller shall not settle any insurance claim for damage caused by casualty without the consent of 273 the Buyer. 274 (b) If, after the Effective Date and before closing, any part of the Property is taken in condemnation or under the 275 right of eminent domain, or proceedings for such taking will be pending or threatened, Buyer may cancel this 276 Contract without liability and the deposit(s)will be returned to Buyer. Alternatively, Buyer will have the option of 277 purchasing what is left of the Property at the agreed upon purchase price and Seller will transfer to the Buyer at 278 closing the proceeds of any award, or Seller's claim to any award payable for the taking. Seller will cooperate 279 with and assist Buyer in collecting any such award. 280 19.ASSIGNABILITY; PERSONS BOUND: This Contract may be assigned to a related entity, and otherwise ❑ is not 281 assignable ❑ is assignable. If this Contract may be assigned, Buyer shall deliver a copy of the assignment agreement 282 to the Seller at least 5 days prior to Closing.The terms"Buyer," "Seller" and "Broker may be singular or plural. This 283 Contract is binding upon Buyer, Seller and their heirs, personal representatives, successors and assigns(if 284 assignment is permitted). 285 20. MISCELLANEOUS: The terms of this Contract constitute the entire agreement between Buyer and Seller. 286 Modifications of this Contract will not be binding unless in writing, signed and delivered by the party to be bound. 287 Signatures, initials, documents referenced in this Contract, counterparts and written modifications communicated 288 electronically or on paper will be acceptable for all purposes, including delivery, and will be binding. Handwritten or 289 typewritten terms inserted in or attached to this Contract prevail over preprinted terms. If any provision of this Contract 290 is or becomes invalid or unenforceable, all remaining provisions will continue to be fully effective. This Contract will be 291 construed under Florida law and will not be recorded in any public records. 292 21. BROKERS: Neither Seller nor Buyer has used the services of, or for any other reason owes compensation to,a 293 licensed real estate Broker other than: 294 (a)Seller's Broker: The Keyes company Janet Boorin , (Company Name) (Licensee) 295 600 E. Atlantic Ave. , Delray Beach, FL 33493 (561)961-9100 janetboorin@keyes.com (Address,Telephone,Fax,E-mail) 296 who ❑ is a single agent p is a transaction broker❑ has no brokerage relationship and who will be compensated_ by 297 ® Seller❑ Buyer❑ both parties pursuant to ❑ a listing agreement❑ other(specify) 298 The Keyes Companv will be paid 3% of the total sale price in clear funds at closing 299 300 (b) Buyer's Broker: The Keyes Company Janet Boorin 9 (Company Name) (Licensee) 301 600 E Atlantic Ave, Delray Beach, FL 33483 0 (Address,Telephone,Fax,E-mail) Buyer ) }and Seller .}ALL acknowledge receipt of a copy of this page,which is Page 6 of 8 Pages. CC-5 Rev.9/17 02017 Florida Realtorse Inst nets,,. -:k 302 who ❑ is a single agent® is a transaction broker❑ has no brokerage relationship and who will be compensated by 303 ❑Seller's Broker❑Seller❑Buyer❑both parties pursuant to❑an MLS offerof compensation❑other(specify) 304 305 (collectively referred to as"Broker")in connection with any act relating to the Property, including but not limited to 306 inquiries, introductions, consultations, and negotiations resulting in this transaction. Seller and Buyer agree to 307 indemnify and hold Broker harmless from and against losses,damages, costs and expenses of any kind, including 308 reasonable attomeys'fees at all levels, and from liability to any person, arising from (1)compensation claimed which is 309 inconsistent with the representation in this Paragraph, (2)enforcement action to collect a brokerage fee pursuant to 310 Paragraph 10, (3)any duty accepted by Broker at the request of Seller or Buyer, which is beyond the scope of 311 services regulated by Chapter 475, Florida Statutes, as amended, or(4) recommendations of or services provided and 312 expenses incurred by any third party whom Broker refers, recommends, or retains for or on behalf of Seller or Buyer. 313 22. OPTIONAL CLAUSES: (Check if any of the following clauses are applicable and are attached as an addendum to 314 this Contract): 315 ❑ Arbitration ❑ Seller Warranty ❑ Existing Mortgage 316 ❑ Section 1031 Exchange ❑ Coastal Construction Control Line ❑ Buyer's Attorney Approval 317 El Property Inspection and Repair ❑ Flood Area Hazard Zone ER Seller's Attorney Approval 318 ❑ Seller Representations ❑ Seller Financing ❑ Other 319 23. ADDITIONAL TERMS: 320 Seller has the right to have all documents reviewed by their attorney before transaction is finalized. 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE 343 ADVICE OF AN ATTORNEY PRIOR TO SIGNING. BROKER ADVISES BUYER AND SELLER TO VERIFY ALL 344 FACTS AND REPRESENTATIONS THAT ARE IMPORTANT TO THEM AND TO CONSULT AN APPROPRIATE 345 PROFESSIONAL FOR LEGAL ADVICE(FOR EXAMPLE, INTERPRETING CONTRACTS, DETERMINING THE 346 EFFECT OF LAWS ON THE PROPERTY AND TRANSACTION,STATUS OF TITLE, FOREIGN INVESTOR 347 REPORTING REQUIREMENTS, ETC.)AND FOR TAX, PROPERTY CONDITION, ENVIRONMENTAL AND OTHER Buyer(___j and Seller( d }(_ )acknowledge receipt of a copy of this page,which is Page 7 of 8 Pages. CC-5 Rev.9/17 02017 Florida Realtorse In sta net P OR',M:_ 348 ADVICE. BUYER ACKNOWLEDGES THAT BROKER DOES NOT OCCUPY THE PROPERTY AND THAT ALL 349 REPRESENTATIONS(ORAL,WRITTEN OR OTHERWISE) BY BROKER ARE BASED ON SELLER 350 REPRESENTATIONS OR PUBLIC RECORDS UNLESS BROKER INDICATES PERSONAL VERIFICATION OF 351 THE REPRESENTATION. BUYER AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND 352 GOVERNMENTAL AGENCIES FOR VERIFICATION OF THE PROPERTY CONDITION, SQUARE FOOTAGE AND 353 FACTS THAT MATERIALLY AFFECT PROPERTY VALUE. 354 Each person signing this Contract on behalf of a party that is a business entity represents and warrants to the other 355 party that such signatory has full power and authority to enter into and perform this Contract in accordance with its 356 terms and each person executing this Contract and other documents on behalf of such party has been duly authorized 357 to do so. 358 Date: (Signature of Buyer 359 Community Redevelopment Agency Tax ID No.: (Typed or Printed Name of Buyer) 36o Title: Telephone: 561-600-9094 361 Date: (Signature of Buyer 362 Tax ID No.: (Typed or Printed Name of Buyer) 363 Title: Telephone: 364 Buyer's Address for purpose of notice ` -J 365 Facsi Email: ass Date: ! v,U 1 (Signat re ofeller) 367 Maria L Barrera Tax ID No.: (Typed or Printed Name of Seller) 368 Title: Telephone. 369 4��) Date: ( e- l r (Sign"Jure f Seller) 370 Lucila Barrera Tax ID No.: (Typed or Printed Name of Seller) 371 Title: _Mjj4 ,, Telephone: _�,J ) — 3A ,rr 372 Seller's Address for purpose of notice: (— 2 T_— 373 Facsimile: Email: The Florida Association of REALTORS®makes no representation as to the legal validity or adequacy of any provision of this form in any speck transaction.This standardized form should not be used in complex transactions or with extensive riders or additions.This form is available for use by the entire real estate industry and is not intended to identify the user as a REALTOR®.REALTOR®is a registered collective membership mark which may be used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF REALTORS®and who subscribe to its Code of Ethics.The copyright laws of the United States(17 U.S.Code)forbid the unauthorized reproduction of this form by any means including facsimile or Buyer( ( )and Seller ) acknowledge receipt of a copy of this page,which is Page 8 of 8 Pages. CC-5 Rev.9/17 02017 Florida Realtors® I stan FOR&1,. i • 00 oo cu IT 00 m �z IV IT en 00 9z w en M ,N n r" 'IT kn 82 SW 5th Ave-Amazing Creations SOLD Delray Beach,FL 33444 Palm Beach County Sale Date: 05/27/2020 Bldg Type: Retail Freestanding Sale Price: - Year Built/Age: Built 1933 Age:87 Price/SF: - RBA: 903 SF a Pro Forma Cap - Parcel No: 12-43-46-16-01-021-0180 Actual Cap Rate: Comp ID: 5159606 Sale Conditions: - Research Status: Public Record 250-290 E Atlantic Ave, Unit 250 -Grove Square (Part of Multi-Condo) SOLD Delray Beach,FL 33444 Palm Beach County u r Sale Date: 02/23/2021 Condo Type: 709 SF Retail Condo Sale Price: - Year Built/Age: Built 1926 Renov 1990 Age:95 Price/SF: - RBA: 709 SF Pro Forma Cap - Parcel No: `x, Actual Cap Rate: - Comp ID: 5425169 Sale Conditions: - Research Status: Research Complete 724 N Federal Hwy SOLD Boynton Beach,FL 33435 Palm Beach County Sale Date: 01/10/2020 Bldg Type: RetailAuto Dealership Gf Sale Price: $750,000-Confirmed Year Built/Age: Built 1957 Age:63 Price/SF: $1,171.88 RBA: 640 SF Pro Forma Cap - Parcel No: 08-43-45-22-03-002-0230 Actual Cap Rate: Comp ID: 5050607 Sale Conditions: Purchase By Tenant Research Status: Confirmed 1116'Hypoluxo Rd SOLD Lake Worth,FL 33462 Palm Beach County Sale Date: 03/23/2020(112 days on mkt) Bldg Type: Retail Convenience Store ' Sale Price: $640,000-Confirmed Year Built/Age: Built 1977 Age:43 _ Price/SF: $909.09 RBA: 704 SF Pro Forma Cap - Parcel No: - Actual Cap Rate: 6.44% Comp ID: 5104759 Sale Conditions: - Research Status: Confirmed The Copyrighted report licensed to The Keyes Company-757945. 6/21/2021 .4 hKeyes k Company Pagel 10 SW 4th Ave- Downtown Delray Multi Family Lo' SOLD Delray Beach, FL 33444 Palm Beach County 3 True Buyer: - Recorded Seller: QUINCE EDITH M Sale Date: 06/08/2021 (328 days on mkt) Land Area: - Sale Price: $500,000-Confirmed Lot Dimensions: - $/AC Land Gross: - Proposed Use: Apartment Units... Density: - Zoning: CBD-Central Business Topography: Level Sale Conditions: Redevelopment Project Parcel No: - Financing: - Comp ID: 5531998 — Research Status: Confirmed 2095 W Atlantic Ave- Langel's Auto Body SOLD Delray Beach, FL 33445 Palm Beach County Recorded Buyer: TRG Delray Beach Congress Recorded Seller: Langel Michael Rr r LLC 2095 Atlantic Ave Delray Beach, FL 33445 (561)276-7476 Sale Date: 01/21/2021 Bldg Type: RetailAuto Repair Sale Price: $945,000-Full Value Year Built/Age: Built 1984 Age: 37 Price/SF: $320.34 GLA: 2,950 SF Land Area: 0.20 AC(8,712 SF) PrFrma Cap Rate: - Zoning: MIC Actual Cap Rate: - Sale Conditions: Assemblage, Redevelopment Project Parcel No: 12-43-46-18-00-000-5090, 12-43-46-18-00-000-5100 Financing: - Comp ID: 5423067 — Research Status: Full Value 1114N Federal Hwy SOLD Lake Worth, FL 33460 Palm Beach County Recorded Buyer: John Stevick Recorded Seller: Brugmansia House Llc 1636 Walnut St l `fieCcwninqn Berkeley,CA 94709 Sale Date: 04/02/2021 Land Area: - Sale Price: $750,000-Full Value Lot Dimensions: - $/AC Land Gross: - Proposed Use: - Density: - Zoning: MU-FH Topography: - Sale Conditions: - Parcel No: 38-43-44-21-15-354-0030,38-43-44-21-15-354-0050,38-43-44-21-15-354-0060[Partial List] Financing: - Comp ID: 5542933 — Research Status: Full Value The Copyrighted report licensed to The Keyes Company-757945. 6/22/2021 Keyes Company Page 1 Prepared for Presented by Janet Boorin 6/22/2021 The Keyes Company M Keyes (561)961-9100Ur r7p[e janetboorin@keyes.com Properties for Sale Price $4,000,000 Property Notes Status Active Sale Notes The first parcel is a 2 bedroom 2 bath built in 1949, 1,061 sq.ft. Living area,the other parcel)being sold together)is a 5bedroom 3 bath 2,330sq.ft. living area and 2,772 total sq.ft.built n 1961.the properties are zoned Residential/Commercial Boynton Beach,CBD CENTRAL BUSINESS DISTRICT. • :• • ® : Price $699,000 Property Notes Status Active Sale Notes This lot includes plans for 6 Town-homes approved by the City!Water access lot. 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: July 13, 2021 NEW BUSINESS AGENDAITEM: 17.C. SUBJECT: Consideration of Award and Contract for Proposals to the Request for Proposals for Event Management Services for the Boynton Beach Haunted Pirate Fest& Mermaid Splash SUMMARY: Over the years, the CRA has contracted with a professional event management firm to assist staff with planning and executing the agency's signature Boynton Beach Haunted Pirate Fest and Mermaid Splash event. The contracted event management firm provides a variety of professional services, including but not limited to: • Coordination of event and on-site staff and vendor logistics • Assistance with maintenance of event production schedule • Vendor Relations and Management • Volunteer Relations and Management • Operations Management • On-site LaborAssistance and Management In accordance with the CRA Procurement Policy, a Request for Proposals (RFP) for Event Management Services was advertised on June 11, 2021, with a deadline of July 1, 2021, 2:00 p.m. The published RFP and Addendum No. 1 are provided as Attachment 1. Two proposals were received by the CRA: Standing Ovations, LLC (Attachment II) and 203 Productions LLC (Attachment I II). Mandatory Qualification Requirements: A) Demonstrated knowledge of and at least five (5) years of relevant experience in professional event management services. Preference will be given to respondents with experience providing event support for events produced by C RAs, municipalities, or other government entities. B) Demonstrated experience in providing event management services and support for large, multi-day, outdoor festivals and events. C) Direct or contracted staff members assigned to this project with relevant experience and qualifications. Selection Criteria: A) Demonstrated Experience & Quality of Sample Work(35 points) B) Quality of Approach to Providing Services (25 points) C) Organizational Capability(20 points) D) Proposed Costs & Fee Schedule (15 points) E) Respondent is a Local Business, as defined in Paragraph 12 (5 points) - ------------- - ------ -- -------------------- ----------- :Respondents - - - Respondents Cumulative Scores 1. Standing Ovations, LLC:383 ------------------- --------- --r---- -------------- 2. 203 Productions, LLC173 Staff's sufficiency review and evaluation results are provided as Attachment IV. The results indicate that Standing Ovations, LLC is the top ranked respondent with a cumulative score of 383 and a cost proposal of$46,500. Their high score was a result of their experience with government entities, quality of work and creativity, organizational capacity, and program development. Reference verification has been initiated and is standard procedure performed by staff prior to contract execution. For the reasons stated above, and from previous working experience with the contractor, staff recommends that the Board award the bid to and direct staff to commence contract negotiation with Standing Ovations, LLC. Attached is a Draft Contractor Agreement for Event Management Services prepared by CRA staff and legal counsel (Attachment V). The basic terms for the contract are as follows: • Annual contract with an option for up to three (3)one-year renewals • A cost not to exceed $46,500 annually • Ability to adjust the Scope of Services for consistency with CRA Board approved business promotional allowances in the future adopted Fiscal Year Budgets • Ability for Contractor to receive a three percent (3%) increase per year for subsequent years • 30-day termination via written notice Staff would like to have a contractor on board as soon as possible to begin working on the upcoming Boynton Beach Haunted Pirate Fest and Mermaid Splash, which will take place in October. Since time is of the essence, staff is also requesting that the Board authorize the Chair to execute the successfully negotiated contract, subject to legal counsel's final approval. FISCAL IMPACT: FY2021-2022 Budget, Project Fund Line Item 02-58500-480 - $46,500 If the CRA chooses to exercise its three one-year renewals, an additional 3% ($1,395) will be added to the contract price for a total of$47,895 per year. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the Contract Agreement with Standing Ovations, LLC in the amount not to exceed $46,500 to provide Event Management Services for the Boynton Beach Haunted Pirate Fest and Mermaid Splash event and authorize the CRA Chair to execute the contract upon final review by legal counsel. 2. Do not approve the Contract Agreement with Standing Ovations, LLC in the amount not to exceed $46,500 to provide Event Management Services for the Boynton Beach Haunted Pirate Fest and Mermaid Splash event. 3. Provide staff with an alternative direction. ATTACHMENTS: Description D Attachment I - Request for Proposals for Event Management Services and Addendum No. 1 D Attachment V - Draft Contractor Agreement for Event Management Services REQUEST FOR PROPOSALS (RFP) TO PROVIDE EVENT MANAGEMENT SERVICES FOR THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY'S 2021 BOYNTON BEACH HAUNTED PIRATE FEST & MERMAID SPLASH EVENT l t 5) OYL, INT �t B E M., C RA COMMUNITY REDEVELOPMENT AGENCY RFP ISSUE DATE: June 11, 2021 RFP SUBMISSION DEADLINE: July 1, 2021, 2:00 p.m. (EST) Boynton Beach CRA 100 E. Ocean Avenue, 4t" Floor Boynton Beach, FL 33435 1 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PUBLIC NOTICE REQUEST FOR PROPOSALS (RFP) FOR EVENT MANAGEMENT SERVICES The Boynton Beach Community Redevelopment Agency (BBCRA) hereby announces its intent to receive and consider sealed responses to the Requests for Proposal (RFP) from qualified individuals, partnerships, or firms to provide ongoing event management services under an annual service contract with an option for up to three (3) one-year renewals. The complete RFP documents may be obtained from the BBCRA office or website at www.boyntonbeachcra.com. Sealed proposals will be accepted at the BBCRA office located at 100 E. Ocean Ave, 4t" Floor, Boynton Beach, FL 33435 ON OR BEFORE July 1, 2021, no later than 2:00 p.m. Eastern Standard Time (EST), as determined by the time stamp or clock at the BBCRA's reception area as set up on the 1st Floor Lobby. All proposals will be date and time stamped by the BBCRA. Proposals received after the date and time set forth above will NOT BE ACCEPTED FOR CONSIDERATION. All correspondence and requests for information regarding this RFP and this project must be submitted in writing via email to CoppinMp_bbfl.us no later than 5:00 p.m. (EST), on June 17, 2021. The Board of the BBCRA reserves the right to accept or reject any proposals or any part thereof or any combination of proposals and to waive any or all formalities. 2 t } tnE v tSt! BOYNIUN " BEACH C RA COMMUNITY REDEVELOPMENT AGENCY REQUEST FOR PROPOSALS (RFP) Event Management Services RFP Issue Date: June 11, 2021 RFP Submission Deadline: July 1, 2021, 2:00 p.m. (EST) 1. Background The mission of the Boynton Beach Community Redevelopment Agency ("BBCRA") is to foster and directly assist in the redevelopment of the Boynton Beach Community Redevelopment Area in ("BBCRA Area") order to eliminate blight, create a sustainable downtown, and encourage economic growth, thus improving the attractiveness and quality of life for the benefit of the entire CRA Area and consequently the City of Boynton Beach as a whole. The BBCRA works to fulfill its mission through a variety of strategic programs and improvement plans that work to eliminate and prevent blighted conditions, encourage job creation and business development, help maintain a viable downtown, and improve neighborhoods throughout the CRA District. Working in conjunction with the City and other community partners, the BBCRA has made significant progress since being established in 1982. 2. Purpose The BBCRA is requesting proposals from individuals, partnerships or firms interested in working with the BBCRA under a professional services contract to provide event management services and support for the BBCRA's signature event, The Boynton Beach Haunted Pirate Fest and Mermaid Splash. The event will be held in Downtown Boynton Beach, along East Ocean Avenue between Seacrest Boulevard and Federal Highway on Saturday, October 30, 2021, from 11:00 a.m. to 9:00 p.m. and Sunday, October 31, 2021, from 11:00 a.m. to 6:00 p.m. The BBCRA intends to negotiate an annual contract with the selected respondent(s) that will outline the scope of work, payment, and other terms. The contract may contain an option for up to three (3) one-year renewals. Interested parties must submit proposals on the entire scope of services listed within this Request for Proposals ("RFP"), with the exception of those services specifically listed as optional. If a respondent wishes to provide optional services, the respondent must provide an hourly rate for doing so in the forms provided in this RFP. The BBCRA may select multiple respondents for all or portions of this RFP; however, it is the desire of the BBCRA to negotiate a contract with a single respondent. In general, the BBCRA is seeking proposals from experienced event managers with knowledge of 3 municipal government, and a proven record of overseeing overall operations and logistics for large outdoor festivals and events. BBCRA staff will work closely with the selected respondent(s) to provide general direction, ideas and resources for best practices for event management, special assignments, deadlines, and performance feedback on a regular basis. 3. Scope of Services The BBCRA is seeking proposals from qualified firms to provide event management services for the annual Boynton Beach Pirate Fest and Mermaid Splash business promotional event described in Attachment "A". Event management services would consist of, but is not limited to, providing the BBCRA's Business Promotions & Events Manager with supportive services in the area of: event planning, day of event coordination, overall event management and implementation, volunteer coordination, logistics management, budget management, and post event analysis. BBCRA staff will provide the selected respondent with all necessary specifications and information needed to provide project deliverables in a timely manner. The respondent shall comply with all applicable codes and regulations of authorities having jurisdiction. 4. Contract Fee Structure The BBCRA will negotiate a one-year contract with the selected respondent(s), which contains an option for renewal for three (3) additional one-year terms. Respondents should structure their annual fee schedules to include the following and shall complete Attachment "B," Proposed Fee Schedule: a. A flat fee for all items included in Attachment "A" 5. Pricing and Costs The BBCRA will not reimburse respondents or any other entity for any expenses incurred in preparing submittals in response to this request. a. Proposal Price and Related Costs Respondent shall complete Attachment "B," Proposed Fee Schedule and Attachment "C," Respondent's Acknowledgement and Compliance Statement. b. Sales Tax By submitting a proposal, respondent acknowledges that all materials and supplies necessary for completion of the event management services described in this RFP are subject to Florida Sales and Use Tax, in accordance with Florida Statutes. However, the CRA is exempt from any taxes imposed by State and/or Federal government. Exemption certificates will be supplied on request. State Sales tax Exemption Certification No. 85- 8012625376C-3 will appear on each purchase order. 4 6. Mandatory Qualification Requirements Proposals must demonstrate respondents' ability to comply with each of the items identified below. Inability to do so may result in disqualification of the submittal. a. Demonstrated knowledge of and at least five (5) years of relevant experience in professional event management services. Preference will be given to respondents with experience providing event support for events produced by CRAs, municipalities, or other government entities. b. Demonstrated experience in providing event management services and support for large, multi-day, outdoor festivals and events. c. Direct or contracted staff members assigned to this project with relevant experience and qualifications. All deliverables or end products created by the selected respondent for the BBCRA under the Scope of Services listed above will become the property of the BBCRA. Respondent will be required to obtain a minimum of three (3) price quotes for all professional service providers. 7. Submittal Requirements By submitting a proposal, respondent is representing that he/she/it has carefully read all information contained herein including the requirements to be a responsible respondent. It is the responsibility of the respondent to submit a complete response to all requirements. Proposals must include separate section tabs with the following information in the order as described below: a. Company Information — A summary of the company history of the proposed respondent, including descriptions of any proposed partnerships with other services providers: 1) Specify who would serve as the primary contact 2) Specify any dedicated staff or team members b. Approach to Providing Scope of Services — This section must include a description of the project management strategy, and any performance standards that can be expected. Include ability and approach to offer any of the services references in Paragraph 3, Scope of Services. c. Proposed Fee Schedule — Fee schedule should be described according to the format specified in Paragraph 4 and a completed Attachment "B," Proposed Fee Schedule, shall be submitted. d. Summary of Qualifications — including demonstrated knowledge and experience as described in Paragraph 6. e. Respondent's Information and Past Performance — Provide a completed Attachment "G," Respondent's Information and Past Performance. References must include scope of work, contact names, addresses, telephone numbers, email addresses, and dates of service. A contact person shall be someone who has personal knowledge of the respondent's performance for the specific requirements listed. Contact person must have been informed that they are being used as a reference and that the BBCRA may be contacting them. DO NOT list persons who are unable to answer specific questions regarding the requirement. This information will be considered in the contract award review. 5 Failure to include all data necessary to evaluate a respondent's past performance may eliminate respondent from the RFP process; prior submittals will not be accepted. Respondents must also complete Attachment "M," Authorization for Release of Information. f. Litigation History — Provide a completed Attachment "H, Legal History, indicating whether the respondent has been a party to litigation or arbitration arising from a project for a public entity within the past four (4) years. g. Provide a minimum of four (4) Samples of Work for each category below: 1) Site Map — document outlining a final site map for an outdoor event 2) Emergency Response Plan 3) Timeline outlining all tasks related to preparing for and executing a previous event 4) Production schedule for overall event operations and run of show In total, one (1) unbound, clipped and tabbed original proposal document is required to be submitted, with a title page listing the name of the RFP and the respondent's name and address, and one (1) bound and tabbed copy of the proposal. In addition, one (1) digital copy of the complete proposal in PDF format on CD/DVD or jump drive must be submitted. Proposals shall be sealed and clearly marked on the outside of the envelope or delivery box container as follows: Ms. Mercedes Coppin, Business Promotions & Events Manager Boynton Beach CRA Event Management Services Request for Proposals (RFP) Proposals are to be submitted to the BBCRA offices at 100 E. Ocean Avenue, 4t" Floor, Boynton Beach, Florida 33435, no later than July 1 , 2021, 2:00 p.m. (EST). Facsimile or emailed copies of the proposal will not be accepted. Proposals received after the deadline will not be considered. Any question as to whether a proposal has been timely submitted will be resolved by reference to the time kept at the BBCRA office by the person charged with receiving proposals. 8. Public Information/Public Records Statement The BBCRA considers all information, documentation and other material submitted in response to this solicitation to be of non-confidential and or non-proprietary nature and therefore subject to public disclosure under Chapter 119 of the Florida Statutes. 9. Questions, Clarifications, Interpretations Questions and inquiries concerning the proposal and specifications of the RFP shall be submitted in writing and directed to Ms. Mercedes Coppin, Business Promotions & Events Manager, 100 E. Ocean Avenue, 4t" Floor, Boynton Beach FL, 33435, at CoppinM@bbfl.us and must be received no later than June 17, 20217 5:00 p.m. (EST). All answers to questions, clarifications, and interpretations will be issued in the form of addenda. Oral explanations, information, and instructions shall not be considered binding on the BBCRA. All prospective respondents 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 respondent. Written responses to all written questions submitted shall be maintained in the BBCRA RFP project file. 6 All such addenda issued by the BBCRA before the proposals are due, are part of the RFP, and respondents shall acknowledge receipt of and incorporate the requirements of each addendum in his/her/its proposal by completing and including in their response package Attachment "D," Addenda Acknowledgement. It is the responsibility of all respondents to obtain, review, and respond to any and all addenda issued. 10. Limitations on Communications - Cone of Silence/No Lobbying As to any matter relating to this RFP, any respondent, subconsultant, or anyone representing a respondent is advised that they are prohibited from contacting or lobbying the BBCRA Board, BBCRA Advisory Board, BBCRA staff, or any other person working on behalf of the BBCRA on any matter related to or involved with this RFP. For purposes of clarification, a respondent's representatives shall include, but not be limited to, the respondent's employees, partners, attorneys, officers, directors, consultants, lobbyists, or any actual or potential sub consultant or consultant of the respondent. Any violation of this condition may result in rejection and/or disqualification of the respondent's proposal. This "Cone of Silence/No Lobbying" is in effect from the date of publication of the RFP and shall terminate at the time the BBCRA Board selects a respondent, rejects all proposals, or otherwise takes action which ends the solicitation process. 11 Selection Criteria/Evaluation Proposals will be scored based on the following criteria: a. Demonstrated Experience & Quality of Sample Work (35 points) b. Quality of Approach to Providing Services (25 points) c. Organizational Capability (20 points) d. Proposed Costs & Fee Schedule (15 points) e. Respondent is a Local Business, as defined in Paragraph 12. (5 points). BBCRA staff will review each application according to established criteria and make recommendations to the BBCRA Board. The respondents may be asked to make presentations to the BBCRA Board. The BBCRA Board will consider BBCRA staff's recommendations and the established criteria in their final decisions on the contract award. If a contract is awarded, it shall be awarded by written notice to the respondent whose proposal is determined to be in the best interest of the BBCRA, after consideration of all factors, including the contents of the submitted proposal. 12. Local Business Preference To provide locally owned and operated companies a competitive advantage when the BBCRA is procuring goods and services, preference will be given by the BBCRA to local businesses. A "Local Business" is any person, firm, partnership, company or corporation authorized to do business in Florida that has a valid business tax receipt issued by the City for at least one (1) year prior to the issuance of this RFP and a physical address within the City from which the respondent lawfully performs and operates. Post Office Boxes or location at a postal service center shall not be used for the purpose of establishing physical address. All proposals must indicate whether or not respondent is a local business via submittal of Attachment "E," Local Business Preference Statement. 7 13. Subcontractors If a respondent intends to subcontract any portion of the scope of work for any reason, respondent must state the name and address of the licensed subconsultant and the name of the person(s) to be contracted on the enclosed Attachment "I," Subcontractors List. For purposes of this RFP, an example of a subcontractor would be a volunteer coordinator, vendor relations specialist, or CAD designer. The BBCRA reserves the right to accept or reject any or all proposals wherein a subcontractor is named, and to make the award to the respondent, who, in the opinion of the BBCRA, will be in the best interest of and/or most advantageous to the BBCRA. The BBCRA also reserves the right to reject a submission of any respondent if the proposal names a subcontractor who has previously failed in the proper performance of an award or failed to deliver contracts of a similar nature on time, or is not in a position to perform properly under this award. The BBCRA reserves all rights in order to make a determination as to the foregoing. Respondent agrees that if selected to enter into a contract for event management services, respondent shall periodically throughout the term of the contract provide the BBCRA an updated list of all subcontractors working on the awarded scope of work. 14. Insurance Requirements The successful respondent shall provide a certificate of insurance meeting the requirements of Attachment "F," Insurance Requirements, prior to contract execution. The BBCRA reserves the right to ensure and require that the insurance coverages provided by the successful respondent are proper and that the insurers are licensed or otherwise qualified to do business in Florida. If at any time during the term of the contract the BBCRA determines that it is in its best interests to insist on an alternative insurance provider, it may do so and respondent (and subconsultants) agree to comply with the BBCRA's decision. The BBCRA also reserves the right to review, modify, or amend any required coverages, limits, and endorsements during the life of a contract and any extensions thereof. The BBCRA further reserves the right, but not the obligation, to review and reject any insurer providing coverage on the respondent's behalf because of the insurer's poor financial condition or due to the insurer's failure to operate legally in the State of Florida. An insurance contract or binder may be submitted as proof of insurance if Certificate is provided upon selection of vendor. 15. Execution of Agreement a. Offer of Contract Upon the BBCRA Board's selection of the successful respondent(s), the BBCRA will extend to said respondent (s) an offer to enter into an event management services contractor agreement. The terms and conditions of the contract are subject to negotiations, but shall not deviate substantially from the qualifications, fees, and costs identified by the successful respondent(s) in its proposal. The contract must be in a form approved by the BBCRA Board attorney and the BBCRA Board. A copy of the Boynton Beach Community Redevelopment Agency Contractor Agreement is included in this RFP as Attachment «N b. CRA's Right to Withdraw 8 If for any reason a respondent and the CRA are unable to negotiate terms of the contract that are agreeable to both parties and execute the contract within 15 days of being provided a contract and a request to execute such contract, the CRA may in its sole and absolute discretion terminate negotiations with respondent and/or withdraw its offer of contract, and to move forward as it deems appropriate, which may include entering into contract negotiations with another respondent(s), RFP re-issuance, or electing not to award a contract at all. If another respondent is awarded the contract, this award shall bind such respondent as though he/she/it were the original successful respondent. 16. Preliminary Schedule a. RFP Issue Date: June 11, 2021 b. RFP Deadline to Submit Questions/Inquiries: June 17, 2021, 5:00 p.m. (EST) c. RFP Submission Deadline: July 1, 2021, 2:00 p.m. (EST) d. Award of RFP by the CRA Board of Commissioners: July 13, 2021, 5:30 p.m. (EST) (Note: Dates above are subject to change, respondents will be notified by e-mail of changes, if any. 17. Disclosure and Disclaimer Respondent understands and acknowledges that to the extent permitted by law, the BBCRA retains all rights, at its sole and absolute discretion, to: c. Withdraw this RFP at any time; d. Modify the schedule associated with this RFP; e. Issue addenda to this RFP; f. Request additional information, clarifications, or assurances from one or more respondents or prospective respondents; g. Reject any and all bids; h. Refrain from awarding an agreement as a result of this RFP; i. Verify the accuracy of any information provided; j. Accept bids that deviate from this RFP; k. Disqualify or reject bids that are incomplete, untimely, or unclear; I. Re-advertise this RFP and accept new proposals; m. Obtain economic feasibility studies or third-party evaluations with regard to any part of any bid; n. Evaluate the proposals through any process that complies with the BBCRA Procurement Policy, this RFP, and applicable Florida Statutes, o. Select the one or more successful proposals or respondents it deems will be in the best interests of the BBCRA, regardless of which bid appears to offer the best monetary value to the BBCRA; p. Waive any required element or condition found in this RFP for all proposals or for a specific proposal; q. Waive any formalities associated with this RFP; r. Accept any proposal in whole or in part, or accept any combination of proposals; and, 9 s. Negotiate agreements, abandon or withdraw from negotiations, approve agreements, and take other similar actions as a result of this RFP. Any respondent who submits a proposal in response to this RFP fully acknowledges all the provisions of this disclosure and disclaimer and agrees to be bound by the terms hereof. In the event of any differences between this disclosure and disclaimer and the balance of the RFP, the provisions of this disclosure and disclaimer shall govern. If respondent fails to fully comply with all requirements of this RFP, respondent's or respondents' proposal may be disqualified. Respondent(s) shall complete and include a signed Respondent(s) Acknowledgement and Compliance Statement exactly as shown in Attachment "C," Respondent's Acknowledgement and Compliance Statement. 18. Protests The Bid Protest Policy is available upon request. Submittal of a proposal in response to this RFP constitutes acceptance of this policy. 19. Non-Discrimination The selected respondent, 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, the BBCRA, the proposal, any agreement resulting from this RFP, or the Project. 20. Permits, Taxes, Licenses and Laws The successful respondent/contractor 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 the RFP and carrying out the Project. 21. 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 response to this RFP to be of non-confidential and or non-proprietary nature and the property of the BBCRA and therefore subject to public disclosure under Chapter 119 of the Florida State Statutes. If a respondent believes any portion of a proposal is exempt from public records disclosure, the bidder must identify the portion bid it believes it is exempt, state the reason for exemption, and request the BBCRA exempt it from public records disclosure. The BBCRA will exempt potions of a proposal from public records disclosure only to the extent permitted by law. 22. 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 10 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, respondent must complete and attach Attachment "J," Public Entity Crimes Statement. 23. Drug Free Workplace Certification Preference shall be given respondent(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 respondent shall complete and submit with its proposal the attached certification, Attachment "K," Certification of Drug Free Workplace Program. 24. Non-Scrutinized Entity By submitting a proposal, respondent 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. Respondents must complete Attachment "L," Certification of Non-Scrutinized Entity. 25. E-Verify In any agreement resulting from this RFP, the respondent will be required to warrant, for itself and its subcontractors, compliance with all federal immigration laws and regulations that relate to their employees. Respondent agrees and acknowledges that the BBCRA is a public employer that is subject to the E-verify requirements as set forth in Section 448.095, Florida Statutes, and that the provisions of F.S. Sec. 448.095 will apply to such an agreement. "This established the end of the main document" 11 List of Attachments: A. Scope of Work— Boynton Beach Haunted Pirate Fest & Mermaid Splash Event Management B. Proposed Fee Schedule C. Respondent's Acknowledgement and Compliance Statement D. Addenda Acknowledgement E. Local Business Preference Certification Statement F. Insurance Requirements G. Respondent's Information and Past Performance H. Legal History I. Subcontractor List J. Public Entity Crimes Statement K. Certification of Drug Free Workplace Program L. Certification of Non-Scrutinized Entity M. Authorization for Release of Information. N. Boynton Beach Community Redevelopment Agency Contractor Agreement (Provided for reference only- to be completed upon contract award by CRA Board) 12 ATTACHMENT "A" Scope of Work Boynton Beach Haunted Pirate Fest & Mermaid Splash Event Management Contractor will be responsible for planning, coordinating, and managing the overall operations of the Event under the direction of the CRA Business Promotions & Events Manager ("Program Coordinator"). The Contractor will report directly to Program Coordinator and will work with support from CRA staff and in compliance with all CRA and City of Boynton Beach financial and operational requirements. For purposes of this Agreement, the term "service providers" shall mean entities that provide services and/or equipment for the Event, including but not limited to: Electricity generation; security; cleaning; portable sanitary facilities; tent installation and removal; stage setup and breakdown; audio-visual engineering; barricades; parking and shuttle service; tables, chairs, and decor; signage; and production services, along with any other entity necessary or desirable for the operation of the Event. For purposes of this Agreement, the term "Vendors" shall mean those entities renting space at the Event. The obligations of Contractor described in this paragraph shall be referred to as "Contractor Services" in this Agreement. Specifically, Contractor agrees to the following: a. Contractor shall coordinate and manage all Event logistics as well as obtain all Service Providers selected by the CRA, and obtain or prepare all items necessary to effectively operate and manage the Event. i. In order to obtain service providers, Contractor shall first obtain bids from potential service providers and present those bids to the CRA. Once the CRA selects a service provider, Contractor shall facilitate, to the best of its ability, the formation of an agreement between the CRA and the selected service provider for the Event. b. Contractor shall act as a liaison between service providers, vendors, volunteers, City of Boynton Beach personnel and the Program Coordinator. c. Contractor shall assist the CRA with any event sponsorships that are secured by providing sponsorship servicing; including grid creations, pre-event, on-site, and post-event fulfillment obligations. d. Contractor shall work within the budgetary constraints of the event set by the CRA Board for the fiscal year 2021/2022 or as provided by the Program Coordinator. e. Contractor shall submit all proposals, and quotes, to the Program Coordinator for approval before procurement of service providers. f. Contractor shall submit all invoices or requests for deposit to the CRA for payment. All payments for services will be made directly by the CRA Finance Department. g. Contractor shall procure appropriate event related permits, licenses, and insurance coverage. h. Contractor shall work directly with service providers and manage the coordination and layout of the on-site event, set up of vendor tents, stages, sets and decor, portable toilets, barricades, light towers, generators, food court, and other event related items. i. Contractor shall assist CRA with creating and updating the event site map. j. Contractor shall develop a load-in and load-out schedule for all service providers for the Event. k. Contractor shall assist CRA with volunteer recruitment and management of volunteer program. 1. Contactor shall assist with creating an emergency response plan for the Event. m. Contractor shall attend all meetings requested by Program Coordinator, including interdepartmental meetings with staff from the City of Boynton Beach. n. Contractor shall directly subcontract a Vendor Relations Manager (2), Volunteer Manager(1), Operations Managers (3), and Labor Assistants to be paid directly by the Contractor to coordinate, assist, and facilitate throughout the project. Contract will directly compensate sub-contracted personnel. o. No later than September 1,2021, Contractor shall provide to the CRA for approval: i. A site plan for the Event; ii. Outlined suggestions to enhance the volunteer program and recruit volunteers; iii. Outlined suggestions to enhance the CRA's sponsorship program; iv. Special Event Permit request for the City of Boynton Beach; v. Quotes for core equipment rentals, such as stages, tents, barricades, audio, radios, golf carts,ATM's,trolley's,port-o-lets,generators,and light towers; and vi. Preliminary database of participants and key contacts. p. No later than October 11, 2021, Contractor shall provide to the CRA for approval: i. Proof of all required insurance from service providers; ii. A production schedule inclusive of load-in, load-out, event operations, run of show, and breakdown of event; iii. A signage plan; iv. Copies of proposed contracts with service providers sufficient to demonstrate to the CRA that Contractor is able to ensure adequate staffing, appropriate scheduling, and other logistical needs are met during the Event; and v. Proof that Contractor has obtained all necessary event permits from all entities, including an umbrella permit for the Event from the City of Boynton Beach, and is sufficiently managing all vendor permit needs. q. Prior to the day of the Event, Contractor shall: i. Collect all required vendor insurance documents; ii. Create and provide the CRA with a database of all participants, including service providers, Vendors, subcontractors, volunteers, and similar entities. The database must include the name of the contact person for each entity, the phone number for the person who can be contacted during the event, email address of the contact person, and the physical address of entity; and iii. Provide an outline of vendor space assignments. r. On the days of the Event, Contractor shall: i. Coordinate, manage, and direct all Event service providers, logistics, entertainment, Vendors, volunteers, set-up, break-down, and all other happenings at the Event. ii. Ensure that sufficient Contractor staff are present at the Event, based on CRA estimates of attendance at Event, and have additional staff available to assist at the Event at the request of the CRA; and iii. Coordinate Vendors, including checking Vendors in, providing Vendors with booth assignments, and addressing requests of Vendors. s. After the Event, Contractor shall attend a wrap-up meeting at the direction of the Program Coordinator. t. The Parties agree that the obligations and deadlines in this Paragraph 3 (Description of Contractor Services) are material and essential terms to this Agreement. ATTACHMENT "B" Proposed Fee Schedule DESCRIPTION OF SERVICES AMOUNT ($) Boynton Beach Haunted Pirate Fest & Mermaid Splash Services (Flat Fee) 1 Boynton Beach Haunted Pirate Fest & Mermaid Splash Event $ Management (Attachment A) Total $ Respondent's Signature Print Name Title Date 14 ATTACHMENT "C" Respondent's Acknowledgement and Compliance Statement Submit Proposals to: Boynton Beach Community Redevelopment Agency (BBCRA) 100 E. Ocean Avenue, 4t" Floor, Boynton Beach, FL 33435 Release Date: June 11, 2021 Project Title: RFP FOR EVENT MANAGEMENT SERVICES Submittal Deadline: Proposals must be received in their entirety by the BBCRA Proposals will be opened in the Boynton Beach Community Redevelopment Agency Office at 2:00 P.M. (EST) on the submission date unless specified otherwise. The undersigned has read the BBCRA Request for Proposals (RFP) to provide event management services. On behalf of my organization, I agree to and accept the terms, specific limitations, and conditions expressed therein. The undersigned agrees to honor the prices as provided in this proposal until such time a contract for event management services is executed pursuant to this RFP but not to exceed sixty (60) days following selection of the successful respondent to the RFP. I have read, rely upon, acknowledge, and accept the Disclosure and Disclaimer section which is fully incorporated by reference into this statement. Name of Organization: Respondent's Signature Print Name Title Date 15 ATTACHMENT "D" Addenda Acknowledgement Receipt is hereby acknowledged of the following addenda to the Request for Proposals (RFP) THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR EVENT MANAGEMENT SERVICES By entering checking YES or NO in the space provided and indicating date received. Addendum #1 ❑ Yes ❑ No Date Addendum #2 ❑ Yes ❑ No Date Addendum #3 ❑ Yes ❑ No Date Addendum #4 ❑ Yes ❑ No Date Addendum #5 ❑ Yes ❑ No Date RFP INFORMATION WAS OBTAINED FROM: ❑ BBCRA Website ❑ Newspaper Ad ❑ City Hall ❑ Other, please specify: Respondent's Signature Print Name Title Date 16 ATTACHMENT "E" Local Business Preference Statement When seeking local business preference status, a respondent must complete and file a written statement as follows: WRITTEN STATEMENT REQUESTING LOCAL BUSINESS STATUS [OFFICER OF COMPANY] Under penalty of perjury, I certify: I am an authorized representative of [NAME OF COMPANY] (Respondent) and on behalf of the respondent request that it be deemed to be a local business for purposes of the RFP. The following answers accurately reflect the status of the business seeking local preference. Answering yes to question 1 and question 2 will qualify the business as a local business. In support of this request I certify the following information as being true and correct: Name of Business (1) Is the business located Yes No Number of Years: within the City limits of Boynton Beach, Florida? (2) Does the business have a Yes No Business License Number: business tax receipt issued in the current year? (3) Is the business registered Yes No with the Florida Division of Corporations? I understand that misrepresentation of any facts in connection with this request may be cause for disqualification of this proposal. I also agree the respondent is required to notify the BBCRA in writing should it cease to qualify as a local business. Respondent's Signature Print Name Title Date 17 ATTACHMENT "F" Insurance Requirements Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall, at his/her/its own expense, provide and maintain in force, until all of its services to be performed under the Standard Form of Agreement have been completed and accepted by the BBCRA (or for such duration as it otherwise specified herein), the following insurance coverages. Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of"B+" or higher. A. Worker's Compensation Insurance to apply to all of the Contractor's employees in compliance with the "Worker's Compensation Law" of the State of Florida and all applicable Federal Laws. Employer's Liability with limits of $1 ,000,000 Each Accident, $1,000,000 per Disease, Policy Limit, and $1,000,000 per Disease Each Employee. B. Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and $1,000,000 minimum Property Damage Liability. Additionally, coverage shall also include $1,000,000 aggregate on products and completed operations; $2,000,000 general aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 21 06, as Filed by the Insurance Services Office and must include- 1. nclude:1. Premises and/or Operations 2. Independent Contractors 3. Broad form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement. 4. Personal Injury Coverage with employee and contractual exclusions removed. C. Business Automobile Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include- 1. nclude:1. Owned Vehicles 2. Hired and Non-Owned Vehicles 3. Employers' Non-Ownership D. Professional Liability Insurance with minimum limits of one million dollars ($1,000,000.00) per occurrence applicable to BBCRA projects. Coverage shall be afforded on a form acceptable to the BBCRA. Contractor shall insure that subcontractors used for any portion of the project, maintain adequate levels of Professional Liability Insurance. 18 E. The BBCRA and City of Boynton Beach shall be named as an additional insured on the Contractor's policies and a waiver of subrogation shall be provided for all policies. Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4t" Floor Boynton Beach, FL 33435 City of Boynton Beach 100 E. Ocean Avenue, Boynton Beach, FL 33435 19 ATTACHMENT "G" Respondent's Information and Past Performance Business Name: Street Address: Mailing Address (if different): City, State, Zip Code: Telephone No. : Fax No: Email Address of Contact Person- Position/Title 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: JOINT PROCUREMENT, CO-OPERATIVE PURCHASING AGREEMENT: Will extend same price, terms, and conditions of this response to other CRAs; Palm Beach, Martin, and Broward County governmental entities and agencies. ❑ Yes ❑ No 20 Professional References: Provide three (3) verifiable professional references within the last five (5) years: Contact Name/Company Scope of Work/Contract Dates of Address/Telephone/Email Amount Services 1. 2. 3. 21 ATTACHMENT "H" Legal History Legal History: Has Respondent been involved with any litigation within the past four (4) years? ❑ Yes ❑ No If Yes, list all civil and criminal legal actions as required by Paragraph 7f. Attach additional pages if necessary. Case Number Description State Disposition Respondent's Signature Print Name Title Date 22 ATTACHMENT "I" Subcontractor List Respondent(s) are to submit a detailed listing of any subcontractor participation of any portion of this project for any reason. Attach additional pages if necessary. Project Title: EVENT MANAGEMENT SERVICES RFP Issuance Date: June 11, 2021 Respondent(s)' Name: Name/Address/Phone of Type of Work to be Hourly Rate Flat Rate Subcontractor Performed Amount Name: Address- Phone/Email- Name: ddress:Phone/Email:Name: Address- Phone/Email- Name: ddress:Phone/Email:Name: Address: Phone/Email: 23 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 thirty-six (36) months following the date of being placed on the convicted vendor list. As the person authorized to sign the Statement, I certify that Respondent has not been placed on the convicted vendor list within the past 36 months and complies fully with the above requirements. Respondent's Signature Print Name Title Date 24 ATTACHMENT "K" Certification of Drug Free Workplace Program I certify that , the Respondent responding to this RFP, maintains a drug-free workplace program, and that the following conditions are met: (1) Respondent 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) Respondent 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) Respondent 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), Respondent notifies the employee that, as a condition of working in the commodities or contractual services covered under this RFP, he/she will abide by the terms of the statement; and will notify the employer (Respondent) of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 893 or any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Respondent 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) Respondent 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 Respondent complies fully with the above requirements. Respondent's Signature: Date Name & Title (typed) 25 ATTACHMENT "L" Certification of Non-Scrutinized Entity , as Respondent, 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 Respondent is placed Scrutinized Companies that Boycott Israel List or engages in a boycott of Israel after the submittal of the proposal or the execution of any agreement arising out of this RFP, the BBCRA may disqualify the proposal and/or terminate the agreement. Respondent's Signature: Date Name & Title (typed) STATE OF COUNTY OF THE FOREGOING INSTRUMENT was acknowledged before me this day of 20217 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: 26 ATTACHMENT "M" 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 or personal nature including the statement of your opinions with regard to the undersigned's professional credibility and personal character, or of the respondent identified below. The undersigned also authorizes you to release to the Boynton Beach Community Redevelopment Agency (BBCRA) any information in your possession regarding the business identified as "respondent" below. By: STATE OF COUNTY OF THE FOREGOING INSTRUMENT was acknowledged before me this day of 2021, 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 xpires:Name:Home Address: Business Telephone Number: Fax Number: Respondent (Business) Name: 27 ATTACHMENT "N" BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY CONTRACTOR AGREEMENT This Contractor Agreement (hereinafter "Agreement") is made by and between (hereinafter the "Contractor") and the Boynton Beach Community Redevelopment Agency, located at 100 E. Ocean Avenue,4th Floor,Boynton Beach,Florida 33435 (hereinafter the"CRA") (collectively the "Parties"). WHEREAS, the CRA is in need of Contractor Services for The 2021 10th Annual Boynton Beach Haunted Pirate Fest& Mermaid Splash (hereinafter"Event"), which will take place at the time and location described below; and WHEREAS,the Event will be held for a proper municipal purpose and is in the interest of the public; and WHEREAS, the Event will further the Community Redevelopment Plan; and WHEREAS, the Contractor has the knowledge, ability, and equipment to provide Contractor services at the Event; NOW THEREFORE, in consideration of the mutual covenants and promises set forth herein, the sufficiency of which both Parties acknowledge, the Parties agree as follows: 1) Incorporation. The recitals above and all other information above are hereby incorporated herein as if fully set forth. 2) Notice and Contact. a. Contact Person for the Contractor: Business Name: Address: Telephone Number: Email Address: b. Contact Person for CRA (hereinafter"Program Coordinator"): Name: Mercedes Coppin Address: 100 E. Ocean Avenue, 4th Floor, Boynton Beach FL 33435 Email Address: CoinM(a�bbfl.us 01115461-1 Page I of 14 Contractor Initial Telephone Number: 561-600-9097 3) Description of the Contractor Services: See Exhibit A. The Parties agree that the obligations and deadlines outlined in Exhibit A (Description of Contractor Services) are material and essential terms to this Agreement. 4) Dates and Times of Event(s). Dates: Between the hours of: October 30, 2021 11:00 P.M. and 9:00 P.M. October 31, 2021 11:00 P.M. and 6:00 P.M. 5) Approximate length of Contractor Services. July 14, 2021 through November 30, 2021. 6) Location. Downtown Boynton Beach along East Ocean Avenue, between Seacrest Boulevard and Federal Highway. 7) Terms of Contractor Services. The Contractor shall provide Contractor Services described above for the Event. The Contractor shall begin promptly at the start times listed above, and shall perform only within the Date(s)and Time(s)described above. Reasonable variances from the Date(s) and Time(s) are permitted for acceptable reasons. The CRA has sole and absolute discretion as to what constitutes a "reasonable variance" and what constitutes an "acceptable reason." The Contractor may reasonably prepare for and clean up outside of the Date(s) and Time(s)described above in accordance with any permissions and restrictions prescribed by the CRA. 8) Compensation. The CRA shall pay the Contractor a total of $ (hereinafter, "Compensation") for the performance of the Contractor Services, which sum shall be paid as follows: a. The CRA shall pay the Contractor a total of $ (hereinafter, "Compensation") for the performance of the Contractor Services, as described herein, which sum shall be paid as follows: First Payment shall be $ , payable at the time of execution of the Agreement, provided that the Contractor has provided the CRA with the tax forms required by this Agreement. Second Payment shall be $ payable on September 3 2021, provided contactor has submitted contract deliverables as outlined in Paragraph 3: Description of the Contractor Services to the CRA. 01115461-1 Page 2 of 14 Contractor Initial Third Payment shall be $ , payable on October 15, 2021, provided contactor has submitted contract deliverables as outlined in Paragraph 3: Description of the Contractor Services to the CRA. Final Payment shall be $ , payable upon completion of the Contractor Services provided that the Contractor has submitted all paperwork required by the CRA and described in this Agreement. 9) Form of Payment of Compensation. Payment of Compensation upon completion of the Contractor Services on the day of the performance is dependent upon sufficient time having been allowed for processing of this Agreement. If Payment cannot be made on the day of performance, it shall be made within 45 days thereafter, in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. All Payments shall be in the form of a CRA check made payable to the Contractor, or as indicated above. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by the Contractor, either wholly or in part, and no Payment shall be construed to be an acceptance of or to relieve the Contractor of liability for the faulty or incomplete rendition of the Contractor Services. 10)Costumes, Equipment, Etc. All costumes; footwear; makeup; props; equipment transportation, set-up, and break-down; and anything else necessary to provide the Contractor Services shall be provided by and at the expense of the Contractor. The Contractor shall leave the performance site in a condition equal to that prior to performance of the Contractor Services. The CRA shall not be responsible for any equipment or other property of the Contractor brought to or left on CRA property. 11)Personnel. Contractor represents that Contractor has, or will secure at Contractor's own expense, all necessary personnel required to perform the Contractor Services under this Agreement. Such personnel shall not be employees of, or have any contractual relationship with, the CRA. All of the Contractor Services shall be performed by the Contractor, or under Contractor's supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, licensed or permitted under state and local law to perform such Contractor Services. Contractor warrants that all Contractor Services shall be performed by skilled and competent personnel in accordance with all applicable federal, state and local professional and technical standards, and that Contractor has all required licenses and permission required by state, local, and federal law to perform the Contractor Services. 12)Vehicles. All vehicles belonging to Contractor or Contractor's personnel shall be removed from the event location site and parked in the assigned area prior to the start of the Contractor Services. 13)Propriety. The Contractor shall ensure that their performance of Contractor Services will not contain swearing, lewd actions, or lewd comments, or any behavior, activity, or language unsuitable for the intended public audience. 14)Content, Logistics, Etc. The Contractor understands that the CRA has sole and absolute discretion as to the content and propriety of the Contractor Services and may deem certain 01115461-1 Page 3 of 14 Contractor Initial content inappropriate for the Event. The Contractor also understands that except for the Contractor Services, the CRA has final and complete control of the scheduling, placement, procedures, and other logistical considerations at the Event. The Contractor also understands that, with the exception of the Contractor Services, the CRA retains creative control of all other elements of the Event, including but not limited to sound levels, choice of other performers (include master of ceremonies and speakers), performance length, lights, amplification, stage sets, and film or video played to the audience during the Event. The Contractor shall have exclusive control of the Contractor Services provided by the Contractor, including the method, manner, and means of executing the Contractor Services. 15)Cancellation. The CRA reserves the right to cancel or postpone the Contractor Services for any reason. a. If the CRA cancels or postpones the Contractor Services 72 hours or more before the scheduled performance date of the Contractor Services for reasons other than breach by Contractor,the CRA shall not be liable to Contractor for payment for any Contractor Services which are cancelled or postponed, but shall be liable for payment of goods received and Contractor Services rendered and accepted by the CRA prior to the date of notice of cancellation.. b. If the CRA cancels the Contractor Services less than 72 hours before the scheduled performance date of the Contractor Services for reasons other than breach by the Contractor, and the CRA reschedules the Contractor Services or the Event, Contractor agrees that payment will occur only after completion of performance as rescheduled. If the Contractor Services or Event is rescheduled, only the date and times of performance(s) and the date of payment under this Agreement shall be modified; the other terms of this agreement shall remain in effect unless otherwise modified under this Agreement. If the Contractor can provide evidence that it cannot participate in the rescheduled Contractor Services or Event due to unavoidable conflict,the Contractor is entitled to compensation from the CRA only for goods received and Contractor Services rendered and accepted by the CRA prior to the date of notice of cancellation,plus any costs Contractor incurred that it cannot get refunded for and/or cannot mitigate for in another transaction. c. If the CRA cancels the Contractor Services less than 72 hours before the scheduled performance date of the Contractor Services for reasons other than breach by the Contractor and does not reschedule,the Contractor is entitled to compensation from the CRA only for goods received and Contractor Services rendered and accepted by the CRA prior to the date of notice of cancellation, plus any costs Contractor incurred that it cannot get refunded for and/or cannot mitigate for in another transaction. d. In no case shall any payments made pursuant to this paragraph exceed the amount of Compensation identified in paragraph 8 of this Agreement. 01115461-1 Page 4 of 14 Contractor Initial e. In the event of any cancellation or postponement, the CRA will endeavor to notify the Contractor as soon as practicable prior to the schedule performance date of Contractor Services. f. It is understood that this Event is a "rain or shine" event and the terms of this Agreement are in no way affected by inclement weather. Every effort will be made to continue the performance of the Event and the Contractor Services. However, the CRA reserves the right to cancel the performance of the Event and Contractor Services in the event that the weather poses a potential danger to the Contractor, the equipment, participants, or audience. Safety shall be the paramount consideration in determining whether the performance must be cancelled due to weather. g. Any failure of the Contractor to perform may be excused only for proven sickness or injury, civil tumult or riot, terrorist acts, epidemics, acts of God, or other conditions beyond the control of the Contractor. The Contractor or agent must notify the CRA immediately of any reason which might result in Contractor's failure to perform on the scheduled date. If the Contractor cancels the Contractor Services or does not attend the Event fully prepared to provide the Contractor Services,the Contractor shall immediately refund all deposits or payments received from the CRA for Contractor Services. h. The CRA reserves the right to substitute any other contractor for Contractor in the event that Contractor is not able to perform as scheduled. 16)Default. The failure of the Contractor to comply with the provisions set forth in this Agreement shall constitute a default and breach of this Agreement. If the Contractor fails to cure the default within seven(7) days of notice from the CRA or prior to the start of the Event, whichever comes first, the CRA may terminate this Agreement. In the event that the Contractor is not ready to perform at the scheduled time; or if (a) vital performing member(s) is/are not present; or if the Contractor or its members arrive at the performance in such a condition as to appear to a reasonable person to be incapable of performing in a reasonably acceptable manner; then the Contractor is deemed to have committed a material breach of this Agreement and the CRA shall have the absolute right in its sole discretion to cancel the performance or terminate the performance in progress, and to refuse payment accordingly. In the event of material default or breach by Contractor, and in addition to any other remedies provided for in law or this Agreement, Contractor shall refund all monies previously paid by the CRA pursuant to this Agreement. 17)Waiver. The CRA shall not be responsible for any property damages or personal injury sustained by the Contractor from any cause whatsoever related to the Event, whether such damage or injury occurs before, during, or after the Event. The Contractor hereby forever waives, discharges, and releases the CRA, its agents, and its employees, to the fullest extent the law allows, from any liability for any damage or injury sustained by the Contractor. 01115461-1 Page 5 of 14 Contractor Initial 18)Indemnification. The Contractor shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand,suit,loss, cost,expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct or the faulty equipment(including equipment installation and removal) of the Contractor. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require Contractor to indemnify the CRA for its own negligence, or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 19)No Transfer. The Contractor shall not subcontract, assign, or otherwise transfer this Agreement to any individual, group, agency, government, non-profit or profit corporation, or other entity. 20)Insurance. The Contractor shall obtain all insurance required by the CRA and provide proof thereof at least 10 days prior to the Event, and include, along with an executed copy of this Agreement, a Certificate of Insurance ("COP') with a liability limit of at least$1,000,000 per occurrence. The Insurance must remain in force for so long as is necessary to cover any occurrence relating to,resulting from, or arising out of the Event or this Agreement. The CRA is to be included as "Additional Insured" with respect to liability arising out of services performed by the Contractor by or on behalf of the CRA or acts or omission of the Contractor in connection with providing Contractor Services pursuant to this Agreement. The Certificate must include the following additional insured language: Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue, 4th Floor Boynton Beach, Florida 33435 The City of Boynton Beach 100 East Ocean Avenue Boynton Beach, Florida 33435 21)Tax Forms. The Contractor's individual members, including the Contractor's agents and employees, shall provide the CRA with completed W-9 forms in order receive Payment. The CRA shall provide the Contractor with an IRS Form 1099 where required under law. The Contractor further acknowledges that the CRA is neither paying Social Security benefits nor withholding taxes from the Contractor's compensation for the Contractor Services. The Contractor assumes all liability and responsibility for payment of the Contractor's (and the Contractor's individual members) own FICA and Social Security benefits and all taxes resulting from this Agreement. 01115461-1 Page 6 of 14 Contractor Initial 22)No Discrimination. The Contractor 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. 23)No Partnership, Etc. The Contractor agrees nothing contained in this Agreement shall be deemed or construed as creating a partnership,joint venture, or employee relationship. It is specifically understood that the Contractor is an independent contractor(s) and that no employer/employee or principal/agent is or shall be created nor shall exist by reason of this Agreement or the performance of Contractor Services. The Contractor will exercise its own judgment in matters of safety for itself and attendees of the Event. The Contractor attests that it possesses a current personal accident and or personal health insurance policy. 24)Promotional Materials. The Contractor agrees that the CRA may photograph and/or record video and audio of the Contractor Services, and that such photographs and recordings may be (i)used for the purposes of promotion of the Event or future events; (ii)transmitted live or by recording on local television and radio channels; and(iii)used in materials intended for public display or distribution to the public, including but not limited to print advertisements, billboards, street and light pole banners, websites affiliated with the CRA, and social media affiliated with the CRA. The Contractor waives and assigns to the CRA all copyrights under the Copyright Contractor of 1976, 17 U.S.C. 101, et seq., and all other rights in recorded, photographed, or transmitted versions of the Contractor Services. The CRA shall attribute the Contractor Services to the Contractor. 25)No Infringement. The Contractor represents that in performing the Contractor Services under this Agreement, the Contractor will not infringe on the property right, copyright, patent right or any other right of anyone else; and if any suit is brought or a claim made by anyone that anything in conjunction with the ownership or the presentation of said Contractor or appearance as part of the Contractor Services is an infringement on the property right, copyright,patent right, or other rights,the Contractor will indemnify the CRA against any and all loss, damages, costs, attorney fees or other loss whatsoever. The Contractor shall not use the CRA's logos, or marks without the CRA's prior written approval. 26)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. 27)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. 01115461-1 Page 7 of 14 Contractor Initial 28)Agreement Deemed to be Drafted Jointly. This Agreement shall be deemed to be drafted jointly and shall not be construed more or less favorably towards any of the parties by virtue of the fact that one party or its attorney drafted all or any part thereof. Any ambiguity found to exist shall be resolved by construing the terms of this Agreement fairly and reasonably in accordance with the purpose of this Agreement. 29)Governing Law,Jurisdiction, and Venue. The terms and provisions of this Agreement shall be governed by, and construed and enforced in accordance with,the laws of the State of Florida and the United States of America, without regard to conflict of law principles. Venue and jurisdiction shall be Palm Beach County, Florida, for all purposes, to which the Parties expressly agree and submit. 30)Independent Advice. The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 31)Severability. If any part of this Agreement shall be declared unlawful or invalid,the remainder of the Agreement will continue to be binding upon the parties so long as the rights and obligations of the Parties contained in this Agreement are not materially prejudiced and the intentions of the Parties can continue to be achieved. To that end, this Agreement is declared severable. 32)Voluntary Waiver of Provisions. The CRA may, in its sole and absolute discretion, waive any requirement of the Contractor contained in this Agreement. 33)Public Records. The CRA is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically,the Contractor shall: a. Keep and maintain public records required by the CRA to perform the Contractor Services described in this Agreement. b. Upon request from the CRA's custodian of public records, provide the CRA with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public record requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the CRA. d. Upon completion of the contract, transfer, at no cost, to the CRA all public records in possession of the Contractor or keep and maintain public records required by the CRA to perform the service. If the Contractor transfers all public records to the CRA upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon 01115461-1 Page 8 of 14 Contractor Initial completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CRA,upon request from the CRA's custodian of public records,in a format that is compatible with the information technology systems of the CRA. The Contractor also understands that CRA may disclose any document in connection with performance of the Contractor Services or this Agreement, so long as the document is not exempt or confidential and exempt from public records requirements. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561) 737-3256; 100 E. Ocean Avenue, 4' Floor, Boynton Beach, FL 33435; or SimonMkbbfl.us. 34)Agent. If this Agreement is signed by the Contractor's agent, the agent warrants that he/she is duly authorized to act on behalf of the Contractor, that he/she is authorized to enter into this Agreement, and that the agent and Contractor are jointly and severally liable for any breach of this Agreement. 35)Compliance with Laws. In the performance of the Contractor Services under this Agreement, the Contractor shall comply in all material respects with all applicable federal and state laws and regulations and all applicable Palm Beach County,City of Boynton Beach, and CRA ordinances and regulations, including applicable ethics and procurement requirements. 36)Effective Date and Termination. This Agreement will become effective at the date and time that the last party signs this Agreement. This Agreement will automatically terminate after the performance of the Contractor Services and payment by the CRA, or on December 15, 2021, whichever occurs later, unless the CRA renews this Agreement pursuant to subparagraph 36(b) of this Agreement. Nothing in this paragraph shall be construed so as to affect the CRA's right to cancel or postpone the Contractor Services or the Event pursuant to this Agreement. a. The CRA shall have the right to terminate this Agreement without restriction upon 24 hours written notice to the Contractor. If the termination is for reasons other than breach by the Contractor, the CRA shall be liable only for payment of goods received and Contractor Services rendered and accepted by the CRA prior to the date of notice of termination. b. Prior to the termination of this Agreement, the CRA may, at its option, renew this Agreement for the Annual Boynton Beach Haunted Pirate Fest and Mermaid Splash ( ) by providing written notice of renewal to Contractor. Contingent on the success of the Event, Contractor will be eligible for a three percent(3%) rate increase upon renewal for the Event. If the CRA renews 01115461-1 Page 9 of 14 Contractor Initial this Agreement,only the dates(including the fiscal year referenced in subparagraph (d)of Exhibit A,times of the Event,and amount of compensation in this Agreement may be altered, which alteration must be accomplished through written agreement of the Parties. Only those terms specified in such written agreement will considered altered by the renewal. If the parties fail to agree to such altered terms within 60 days of the written notice of renewal by the CRA, the renewal will be considered void and the Agreement will be considered terminated. 37)Survival. The provisions of this Agreement regarding the content of the Contractor, promotional rights, infringement, indemnity, waiver, insurance, agents, and cancellation shall survive the expiration or termination of this Agreement and remain in full force and effect. 38)Electronic Signatures. The parties agree that the electronic signature of a party to this Agreement shall be as valid as an original signature of such party and shall be effective to bind such party to this Agreement. 39)Non-Scrutinized Company. Contractor hereby certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a boycott of Israel. If the CRA determines that this certification is falsified or contains false statements, or that Contractor is placed Scrutinized Companies that Boycott Israel List or engages in a boycott of Israel after the execution of the Agreement,the CRA may terminate the Agreement. 40)E-Verify. Contractor warrants for itself and its subcontractors that Contractor and all subcontractors are in compliance with all federal immigration laws and regulations that relate to their employees. The Contractor agrees and acknowledges that the CRA is a public employer that is subject to the E-verify requirements as set forth in Section 448.095,Florida Statutes, and that the provisions of F.S. Sec. 448.095 apply to this Contract. Notwithstanding any other provisions in this Agreement, if the CRA has a good faith belief that Contractor has knowingly hired, recruited or referred an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States for employment under this contract,the CRA shall terminate the contract. If the CRA that has a good faith belief that a subcontractor knowingly hired, recruited or referred an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States for employment under this Contract, the CRA shall promptly notify Contractor and order Contractor to immediately terminate the contract with the subcontractor. Contractor shall be liable for any additional costs incurred by the CRA as a result of the termination of a contract based on Contractor's failure to comply with E-verify requirements referenced herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year written below. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY 01115461-1 Page 10 of 14 Contractor Initial By: Date: Print Name: Steven B. Grant, Chair STATE OF COUNTY OF SWORN TO and subscribed before me this day of 2021, 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) Commission No.: My Commission Expires: By: Date: Print Name: STATE OF COUNTY OF SWORN TO and subscribed before me this day of 2021, 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) Commission No.: My Commission Expires: 01115461-1 Page II of 14 Contractor Initial EXHIBIT "A" Scope of Work Boynton Beach Haunted Pirate Fest & Mermaid Splash Event Management Contractor will be responsible for planning, coordinating, and managing the overall operations of the Event under the direction of the CRA Business Promotions & Events Manager ("Program Coordinator"). The Contractor will report directly to Program Coordinator and will work with support from CRA staff and in compliance with all CRA and City of Boynton Beach financial and operational requirements. For purposes of this Agreement, the term "service providers" shall mean entities that provide services and/or equipment for the Event, including but not limited to: electricity generation; security; cleaning; portable sanitary facilities; tent installation and removal; stage setup and breakdown; audio-visual engineering; barricades; parking and shuttle service; tables, chairs, and decor; signage; and production services, along with any other entity necessary or desirable for the operation of the Event. For purposes of this Agreement, the term "Vendors" shall mean those entities renting space at the Event. The obligations of Contractor described in this paragraph shall be referred to as "Contractor Services" in this Agreement. Specifically, Contractor agrees to the following: a. Contractor shall coordinate and manage all Event logistics as well as obtain all Service Providers selected by the CRA, and obtain or prepare all items necessary to effectively operate and manage the Event. i. In order to obtain service providers, Contractor shall first obtain bids from potential service providers and present those bids to the CRA. Once the CRA selects a service provider, Contractor shall facilitate, to the best of its ability, the formation of an agreement between the CRA and the selected service provider for the Event. b. Contractor shall act as a liaison between service providers, vendors, volunteers, City of Boynton Beach personnel and the Program Coordinator. c. Contractor shall assist the CRA with any event sponsorships that are secured by providing sponsorship servicing; including grid creations, pre-event, on-site, and post-event fulfillment obligations. d. Contractor shall work within the budgetary constraints of the event set by the CRA Board for the fiscal year 2021/2022 or as provided by the Program Coordinator. e. Contractor shall submit all proposals, and quotes, to the Program Coordinator for approval before procurement of service providers. 01115461-1 Page 12 of 14 Contractor Initial f. Contractor shall submit all invoices or requests for deposit to the CRA for payment. All payments for services will be made directly by the CRA finance department. g. Contractor shall procure appropriate event related permits, licenses, and insurance coverage. h. Contractor shall work directly with service providers and manage the coordination and layout of the on-site event, set up of vendor tents, stages, sets and decor, portable toilets, barricades, light towers, generators, food court, and other event related items. i. Contractor shall assist CRA with creating and updating the event site map. j. Contractor shall develop a load-in and load-out schedule for all service providers for the Event. k. Contractor shall assist CRA with volunteer recruitment and management of volunteer program. 1. Contactor shall assist with creating an emergency response plan for the Event. m. Contractor shall attend all meetings requested by Program Coordinator, including interdepartmental meetings with staff from the City of Boynton Beach. n. Contractor shall directly subcontract a Vendor Relations Manager (2), Volunteer Manager(1), Operations Managers (3), and Labor Assistants to be paid directly by the Contractor to coordinate, assist, and facilitate throughout the project. Contract will directly compensate subcontracted personnel. o. No later than September 1,2021, Contractor shall provide to the CRA for approval: i. A site plan for the Event; ii. Outlined suggestions to enhance the volunteer program and recruit volunteers; iii. Outlined suggestions to enhance the CRA's sponsorship program; iv. Special Event Permit request for the City of Boynton Beach; v. Quotes for core equipment rentals, such as stages, tents, barricades, audio, radios,golf carts,ATM's,trolley's,port-o-lets,generators,and light towers; and vi. Preliminary database of participants and key contacts. p. No later than October 11, 2021, Contractor shall provide to the CRA for approval: i. Proof of all required insurance from service providers; ii. A production schedule inclusive of load-in, load-out, event operations, run of show, and breakdown of event; iii. A signage plan; 01115461-1 Page 13 of 14 Contractor Initial iv. Copies of proposed contracts with service providers sufficient to demonstrate to the CRA that Contractor is able to ensure adequate staffing, appropriate scheduling, and other logistical needs are met during the Event; and v. Proof that Contractor has obtained all necessary event permits from all entities, including an umbrella permit for the Event from the City of Boynton Beach, and is sufficiently managing all vendor permit needs. q. Prior to the day of the Event, Contractor shall: i. Collect all required vendor insurance documents; ii. Create and provide the CRA with a database of all participants, including service providers, Vendors, subcontractors,volunteers, and similar entities. The database must include the name of the contact person for each entity, the phone number for the person who can be contacted during the event, email address of the contact person, and the physical address of entity; and iii. Provide an outline of vendor space assignments. r. On the days of the Event, Contractor shall: i. Coordinate, manage, and direct all Event service providers, logistics, entertainment, Vendors, volunteers, set-up, break-down, and all other happenings at the Event. ii. Ensure that sufficient Contractor staff are present at the Event, based on CRA estimates of attendance at Event, and have additional staff available to assist at the Event at the request of the CRA; and iii. Coordinate Vendors, including checking Vendors in, providing Vendors with booth assignments, and addressing requests of Vendors. s. After the Event, Contractor shall attend a wrap-up meeting at the direction of the Program Coordinator. t. The Parties agree that the obligations and deadlines in this Paragraph 3 (Description of Contractor Services) are material and essential terms to this Agreement. 01115461-1 Page 14 of 14 Contractor Initial EXHIBIT "A" SCOPE OF WORK 29 EXHIBIT `B" FEE SCHEDULE (INSERT CONSULTANT'S PROPOSAL) 30 EXHIBIT "C" INSURANCE REQUIREMENTS A. Worker's Compensation Insurance to apply to all of the Contractor's employees in compliance with the "Worker's Compensation Lave" of the State of Florida and all applicable Federal Laws. Employer's Liability with limits of$1,000,000 Each Accident, $1,000,000 per Disease Policy Limits, and $1,000,000 per Disease Each Employee. B. Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and $1,000,000 minimum Property Damage Liability. Additionally, coverage shall also include $1,000,000 aggregate on products and completed operations; $2,000,000 general aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 21 06, as Filed by the Insurance Services Office and must include: 1. Premises and/or Operations 2. Independent Contractors 3. Broad form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement. 4. Personal Injury Coverage with employee and contractual exclusions removed. C. Business Automobile Liability with minimum limits of one million dollars ($1,000,000.00)per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: 1. Owned Vehicles 2. Hired and Non-Owned Vehicles 3. Employers' Non-Ownership D. Professional Liability Insurance with minimum limits of one million dollars ($1,000,000.00)per occurrence applicable to BBCRA projects. Coverage shall be afforded on a form acceptable to the CRA. Contractor shall insure that sub-contractors used for any portion of the project,maintain adequate levels of Professional Liability Insurance. E. The CRA and City of Boynton Beach shall be named as an additional insured on the Contractor's policies and a waiver of subrogation shall be provided for all policies. Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue,4t'Floor Boynton Beach, FL 33435 City of Boynton Beach 31 100 E. Ocean Avenue, Boynton Beach, FL 33435 32 EXHIBIT "D" RENEWAL AGREEEMENT BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY CONTRACTOR RENEWAL AND AMENDMENT AGREEMENT The Contractor Agreement dated attached hereto as Exhibit A (hereinafter "Agreement") is hereby renewed and amended through this Contractor Renewal and Amendment Agreement ("Renewal Agreement") made by and between (hereinafter the "Contractor") and the Boynton Beach Community Redevelopment Agency, located at 100 E. Ocean Avenue, 4th Floor, Boynton Beach, Florida 33435 (hereinafter the "CRA") (collectively the "Parties"). WHEREAS, the CRA is in need of Contractor Services for The Annual Boynton Beach Haunted Pirate Fest & Mermaid Splash, which will take place at the time and location described below, (hereinafter"Event"); and WHEREAS, the Event will be held for a proper municipal purpose and is in the interest of the public and in furtherance of the CRA Plan; and WHEREAS, the Contractor has the knowledge, ability, and equipment to provide Contractor services at the Event; and WHEREAS, the Parties previously entered into the Agreement; and WHEREAS, the Agreement provides that the CRA may renew the Agreement, and the Parties desire to do so; and WHEREAS, the Event will be in a different location than specified in the Agreement; NOW THEREFORE, in consideration of the mutual covenants and promises set forth herein, the sufficiency of which both Parties acknowledge, the Parties agree as follows: L Incorporation. The recitals above and all other information above are hereby incorporated herein as if fully set forth. IL Renewal of Agreement. The Agreement is hereby renewed to govern the Parties for the Annual Boynton Beach Haunted Pirate Fest and Mermaid Splash, as permitted by Paragraph 34(b) of the Agreement. The renewal is subject to the amendments to the Agreement contained in this Renewal Agreement. III. Event. The Parties agree that as of the effective date of the Renewal Agreement, any reference in the Agreement to the "Event" is understood to be the Annual Boynton Beach Haunted Pirate Fest & Mermaid Splash. IV. Alteration of Terms. The terms of the Agreement remain in full force and effect, except for those terms amended by this Renewal Agreement. Amendments to the Agreement are shown as follows: additions are 33 shown in underlined format; deletions are shown in strikethrough format. Specifically, the paragraphs and subparagraphs from the Agreement identified below shall be amended as follows: 3) Description of Contractor Services a. Contractor shall work within the budgetary constraints of the event set by the CRA Board for the fiscal year or as provided by the Program Coordinator. b. No later than Contractor shall provide to the CRA for approval: i. c. No Later than Contractor shall provide to the CRA for approval: L 4) Dates and Times of the Event. Dates: Between the hours of: 11 A.M. and 9 P.M. 11 A.M. and 6 P.M. 5)Approximate length of Contractor Services. From to Location. East Ocean Avenue, between Seacrest Boulevard and Federal Highway in Boynton Beach, FL. 8) Compensation. The CRA shall pay the Contractor for the performance of the Contractor Services as follows: a. The CRA shall pay the Contractor a total of $ (hereinafter, "Compensation") for the performance of the Contractor Services, as described herein, which sum shall be paid as follows: First Payment shall be $ payable at the time of execution of the Renewal Agreement, provided that the Contractor has provided the CRA with the tax forms required by this Agreement. Second Payment shall be $ payable on provided Contactor is performing under this Agreement. Third Payment shall be $ payable on provided Contactor has submitted the contract deliverables due and is performing under this Agreement. Fourth Payment shall be $ payable on provided Contactor is performing under this Agreement. 34 Fifth Payment shall be $ payable on , provided Contractor has submitted contract deliverables due and is performing under this Agreement. Final Payment shall be $ , payable upon completion of the Contractor Services provided that the Contractor has submitted all paperwork required by the CRA and described in this Agreement, and has performed as otherwise required by this Agreement. 36) b. Prior to the termination of this Agreement, the CRA may, at its option, renew this Agreement for the Annual Boynton Beach Haunted Pirate Fest and Mermaid Splash ( Event) by providing written notice of renewal to Contractor. Contingent on the success of the Event, Contractor will be eligible for a three percent(3%) rate increase upon renewal for the Event. If the CRA renews this Agreement, only the dates (including the fiscal year referenced in subparagraph 3(b)), times of the Event, and amount of compensation in this Agreement may be altered, unless other alterations or amendments are agreed upon by the Parties. All alterations must be accomplished through written agreement of the Parties. Only those terms specified in such written agreement will considered altered by the renewal_ If the Parties fail to agree to such altered terms within 60 days of the written notice of renewal by the CRA, the renewal will be considered void and the Agreement will be considered terminated. V. Effective Date of Renewal Agreement. This Renewal Agreement will become effective at the date and time that the last party signs this Renewal Agreement. The Agreement, as amended by and including this Renewal Agreement, will automatically terminate after the performance of the Contractor Services and payment by the CRA, or on , whichever occurs later. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year written below. By: Date: Authorized Representative for Contractor Print Name: Witness: Date: Witness Name: By: Date: Authorized Representative for CRA Print Name: Witness: Date: Witness Name: 35 EXHIBIT "E" AMENDMENT TO CONTRACTOR SERVICES This Agreement to Amend the Contractor Agreement(hereinafter"Amendment")is made by and between (hereinafter "Contractor") and the Boynton Beach Community Redevelopment Agency, located at 100 E. Ocean Avenue, 4th Floor, Boynton Beach, Florida 33435 (hereinafter the "CRA") (collectively the"parties"). WHEREAS,the parties previously entered into the Contractor Agreement dated (hereinafter"Agreement"); and WHEREAS,the parties desire to amend the "Attachment A: Contractor Services" WHEREAS,the Agreement provides that the parties may amend"Attachment A: Contractor Services," NOW THEREFORE, in consideration of the mutual covenants and promises set forth herein, the sufficiency of which both parties acknowledge, the parties agree as follows: I. Incorporation. The recitals above and all other information above are hereby incorporated herein as if fully set forth. II. Amendment of Attachment A. The "Attachment A: Contractor Services" that was attached to the Agreement is hereby deleted in its entirety and replaced with the document attached hereto as "Revised Attachment A: Contractor Services." Commencing on the date this Amendment is executed by both parties, for all purposes related to the Agreement, the term "Contractor Services" shall refer to the obligations of Contractor as described in the attached "Revised Attachment A: Contractor Services." III. Amendment to Paragraph 6) Compensation. Paragraph 6) Compensation of the Agreement is hereby deleted in its entirety and replaced with the following: 6) Compensation. The CRA shall pay the Contractor an amount not to exceed $ (hereinafter, [TO BE INSERTED] (Payment of deposit, additional payment, and balance described above (including payment of any part thereof, such as for goods received or services rendered), are individually and collectively referred to in this Agreement as"Payment.") IV. No Other Alteration of Terms. Except for those terms explicitly amended by this Amendment, the terms of the Agreement remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Amendment to be executed on the day and year written below. By: Date: Authorized Representative for Contractor Print Name: Witness Date: 36 By: Date: Authorized Representative for CRA Print Name: Witness Date: 37 Y�p'y��JT I�f �54��4F tlElii��i V FL ISs RA ADDENDUM NO. 1 TO REQUEST FOR PROPOSALS (RFP) TO PROVIDE EVENT MANAGEMENT SERVICES FOR THE BOYNTON BEACH HAUNTED PIRATE FEST& MERMAID SPLASH June 21, 2021 TO ALL PROPOSERS AND OTHERS CONCERNED The Boynton Beach Community Redevelopment Agency ("CRA") has published a Request for Proposals (RFP), dated June 11, 2021, to provide event management services for the Boynton Beach Haunted Pirate Fest & Mermaid Splash event under an annual service contract with an option for up to three (3) one-year renewals. The intent of this Addendum is to address errors and clarify other aspects of the RFP. Applicants responding to the RFP shall take note of the following changes, additions, deletions, clarifications, etc., to the RFP which shall become a part of and have precedence over anything shown or described otherwise. Question 1: Whether companies from Outside USA can apply for this? (like, from India or Canada) Answer. The RFP is open to qualified individuals, partnerships, or companies or corporations authorized to do business in the State of Florida. Question 2: Whether we need to come over there for meetings? Answer. Yes, face-to-face meetings will be required for CRA Board and staff coordination meetings. Question 3: Can we perform tasks (related to RFP) outside of USA? Answer. No. Question 4: Can we submit the proposal via email? Answer. No, proposals cannot be submitted via email. Sealed proposals will only be accepted at the BBCRA office located at 100 E. Ocean Avenue, Boynton Beach, FL 33435. Question 5: Do I need to provide all three Operations Manager Names? I have one and just wanted to make sure I did not need to share the other two as indicated by the RFP. Please advise. Addendum No. 1 Answer. Please include any available information about dedicated staff or team members who would work on the project. BBCRA will approve will have the final approval of all subcontractors. Question 6: How many guests are expected to attend? Answer. The attendance for the Event varies each year. Previously the event has attracted between 40,000 and 60,000 attendees over the two-day weekend. Question 7: How many days are the streets closed for? Answer. The road closures vary depending on what is approved by the City of Boynton Beach each year. Typically, partial closures begin 2-3 days prior to the event. Question 8: What are the expected load-in and load-out dates? Answers: Load-in and load-out dates will be dependent on what is approved by the City of Boynton Beach. Typically, load-in begins 2-3 days before the event and load-out is completed no later than one day following the Event. Question 9: What are the expected changes to the footprint with the new layout of Downtown? Answer. The Event site will change to encompass the new elements of the new Town Square Complex, including the Centennial Park &Amphitheater and Kapok Park Family Activity Center. However, event site layout will be finalized with input from all parties, including selected respondent. Question 10: What support will be provided by CRA? Additional personnel to work with the 203 Productions team? Answer. The Program Coordinator and additional BBCRA staff will manage and oversee all aspects of the Event with the support of a 3rd party event management firm (Contractor). Question 11: Are city employees available to help with labor? Answer. No, City of Boynton Beach staff does not assist with labor for the Event. Question 12: Do you have a list of approved vendors or vendors who you have used in the past? Addendum No. 1 Answer. Yes, a list of previous professional service vendors who have been contracted in the past is available for the FY 2019 Haunted Pirate Fest and Mermaid Splash. Question 13: Given the intent of the BBCRA to create new experiences for the residents of Boynton Beach, are you open to having 203 Productions support in programming, where the company books local talent (music, vendors etc.) to participate in the event? Answer. Yes, we welcome recommendations for entertainment and vendors. Question 14: In past events, what qualities did you value in working with event production companies? Answer. Please see Paragraph 11, Selection Criteria/Evaluation on Page 7. Question 15: What is the total Budget for the event? Answer. The BBCRA is currently in the budget process for FY 2021-2022. A final budget for the Event has not yet been approved by the CRA Board. Question 16: How much money is budgeted for the following positions: Vendor Relations Manager (2), Volunteer Manager (1), Operations Managers (3)? Answer. The positions for Vendor Relations (2), Volunteer Manager (1), and Operations Managers(3)shall be subcontracted and paid directly by the Contractor who is awarded the Event Management contract. Question 17: How big of a contingency is built into the budget? Answer. Please see answer to Question 15. Question 18: What types of sponsor activations have been done in the past? Answer. The BBCRA has previously worked with Event sponsors to conduct onsite giveaways during the event. Question 19: How many sponsor activations are expected? Answer. There is no minimum number of sponsor activation that are expected. Question 20: How many Volunteers are wanted/needed? Answer. The BBCRA will work with the selected respondent to identify the required volunteers for the Event. Question 21: How many Volunteers have been used in past events? Addendum No. 1 Answer. In previous years, there have been between 25 and 40 volunteers for the Event. Question 22: How many Volunteers apply to help? Answer. Approximately 40 volunteers were recruited for the Event in 2019. Question 23: What positions do the volunteers hold? Answer: Volunteers were utilized to assist with the Kids'Zones, Vendor Relations, Information Booths, Marketing Ambassadors, Event Surveys, Treasure Hunt Activity, and with Set-up and Break-down. Question 24: Do you have a database from previous years? Answer. Yes, we maintain a database of previous Event volunteers. Question 25: How much of the signage from previous years will be used vs creating new signage? Answer. The BBCRA intends to utilize existing signage that is owned (parking, directional/way-finding, branded feather banners, promotional banners, street banners, etc.) and will also purchase new signage that is specific to this year's Event(stage line-ups, participating BBCRA businesses, activities, etc.). Question 26: Do you have an inventory of signage in storage? Answer. Yes, the BBCRA maintains an inventory of signage at our storage facility. Question 27: Does the CRA have an in-house Graphic designer? Answer. No, the BBCRA contracts with a 3rd party graphic designer. Question 28: What type of talent/entertainment will be hired? Who manages this process? Answer. The Program Coordinator and a 3rd party Entertainment Manager oversee the booking for all entertainment, including pirate and mermaid characters, bands, pirate enactments, stunt shows, comedy acts, etc. Question 29: Will there be any "High Profile" talent that may need wrangles, transportation, Green rooms, etc.? Answer. No, we do not typically contract with "High Profile"talent for the Event. Addendum No. 1 Question 30: How many stages are 203 Productions expected to manage? Answer. The Contractor will be responsible for overseeing logistics and operations for up to seven (7) stages. Question 31: How many acts are on each stage? Answer. The number of acts for each stage varies each year. Question 32: Do all the stages get theatrical lighting? Answer. No, the stages do not require theatrical lighting. Question 33: Will each stage need a stage manager? Answer. No, a stage manager will not be needed for each stage. Question 34: Does every stage need a dedicated sound tech? Answer. No, a dedicated sound tech is not be needed for each stage. Question 35: Are there any performances that take place off of the stages? Answer. Yes, performances will take place in other areas throughout the Event site. Question 36: How many Police officers will be working on-site? Answer. The number of police officers is TBD based on future logistics meetings with the Boynton Beach Police Department. Question 37: Will guests be required to pass a security checkpoint to enter the event? Answer. No, a security checkpoint will not be required. Question 38: If so, are the police doing this, or will the security company be responsible? Answer. Not applicable. Addendum No. 1 Question 39: Will Hurricane Alley be part of the event as they have been in the past? Answer. The BBCRA will promote Hurricane Alley and other Downtown Boynton Beach businesses via business promotional efforts for the Event. Question 40: Will other businesses on ocean road be incorporated this year? (example Butcher and the bar) Answer. Yes, all businesses located within the Event site will be encouraged to participate. Question 41: How many Vendors will need logistics/power/tents? Answer. The total number of vendors requiring logistics/power/tents will be determined in consultation with the selected respondent. Question 42: Who is required to find vendors for these booth? BBCRA/ 203 Productions/Other? Answer. The Program Coordinator and BBCRA staff oversee the vendor recruitment process. Question 43: Is there dedicated support to ensure vendors have fulfilled requirements prior to load-in? Answer. The Program Coordinator and BBCRA staff oversee the vendor application process and ensure that all requirements are met prior to load-in. Question 44: What happens if rains and guests are unable to attend? Answer. The event is promoted as rain or shine. Question 45: What happens if there is a Covid outbreak/National pandemic? Answer. The BBCRA will follow the guidelines related to any Emergency Orders released by The State of Florida, Palm Beach County, or City of Boynton Beach as it relates to the Event. END OF ADDENDUM No. 1 Addendum No. 1 Addendum No. 1 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY CONTRACTOR AGREEMENT This Contractor Agreement (hereinafter "Agreement") is made by and between (hereinafter the "Contractor") and the Boynton Beach Community Redevelopment Agency, located at 100 E. Ocean Avenue,4th Floor,Boynton Beach,Florida 33435 (hereinafter the"CRA") (collectively the "Parties"). WHEREAS, the CRA is in need of Contractor Services for The 2021 10th Annual Boynton Beach Haunted Pirate Fest& Mermaid Splash (hereinafter"Event"), which will take place at the time and location described below; and WHEREAS,the Event will be held for a proper municipal purpose and is in the interest of the public; and WHEREAS, the Event will further the Community Redevelopment Plan; and WHEREAS, the Contractor has the knowledge, ability, licensing (if applicable), and equipment to provide Contractor Services at the Event; NOW THEREFORE, in consideration of the mutual covenants and promises set forth herein, the sufficiency of which both Parties acknowledge, the Parties agree as follows: 1) Incorporation. The recitals above and all other information above are hereby incorporated herein as if fully set forth. 2) Notice and Contact. a. Contact Person for the Contractor: Business Name: Address: Telephone Number: Email Address: b. Contact Person for CRA (hereinafter"Program Coordinator"): Name: Mercedes Coppin Address: 100 E. Ocean Avenue, 4th Floor, Boynton Beach FL 33435 Email Address: CopinM ,bbfl.us Telephone Number: 561-600-9097 01512073-1 Page I of 15 Contractor Initial 3) Description of the Contractor Services: Contractor agrees to perform as described in Exhibit A, which is hereby incorporated herein. Contractor's obligations described in Exhibit A shall be referred to in this Agreement as "Contractor Services." The Parties agree that all obligations and deadlines outlined in Exhibit A (Description of Contractor Services) are material and essential terms to this Agreement. 4) Dates and Times of Event(s). Dates: Between the hours of: October 30, 2021 11:00 P.M. and 9:00 P.M. October 31, 2021 11:00 P.M. and 6:00 P.M. 5) Approximate length of Contractor Services. July 14, 2021 through November 30, 2021. 6) Location. Downtown Boynton Beach along East Ocean Avenue, between Seacrest Boulevard and Federal Highway. 7) Terms of Contractor Services. The Contractor shall provide Contractor Services described above for the Event. The Contractor shall begin promptly at the start times listed above, and shall perform Contractor Services only within the Date(s) and Time(s) described above. Reasonable variances from the Date(s) and Time(s) are permitted for acceptable reasons. The CRA has sole and absolute discretion as to what constitutes a"reasonable variance" and what constitutes an "acceptable reason." The Contractor may reasonably prepare for and clean up outside of the Date(s) and Time(s) described above in accordance with any permissions and restrictions prescribed by the CRA. 8) Compensation. The CRA shall pay the Contractor a total of $ (hereinafter, "Compensation") for the performance of the Contractor Services, which sum shall be paid as follows: a. The CRA shall pay the Contractor a total of $ (hereinafter, "Compensation") for the performance of the Contractor Services, as described herein, which sum shall be paid as follows: First Payment shall be $ , payable at the time of execution of the Agreement, provided that the Contractor has provided the CRA with the tax forms required by this Agreement. Second Payment shall be $ payable on September 3 2021, provided contactor has submitted contract deliverables as outlined in Paragraph 3: Description of the Contractor Services to the CRA. 01512073-1 Page 2 of 15 Contractor Initial Third Payment shall be $ , payable on October 15, 2021, provided contactor has submitted contract deliverables as outlined in Paragraph 3: Description of the Contractor Services to the CRA. Final Payment shall be $ , payable upon completion of the Contractor Services provided that the Contractor has submitted all paperwork required by the CRA and described in this Agreement. The payments described above (including any part thereof, such as for goods received or services rendered), individually and collectively referred to in this Agreement as"Payment." 9) Form of Payment of Compensation. Payment of Compensation upon completion of the Contractor Services (or any part thereof) on the dates described in Paragraph 8: Compensation is dependent upon sufficient time having been allowed for processing of this Agreement and any required paperwork. If Payment cannot be made on the date described above, it shall be made within 45 days of receipt of an invoice, or otherwise in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. All Payments shall be in the form of a CRA check made payable to the Contractor, or as indicated above. No Payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by the Contractor, either wholly or in part, and no Payment shall be construed to be an acceptance of or to relieve the Contractor of liability for the faulty or incomplete rendition of the Contractor Services. 10)Costumes, Equipment, Etc. All costumes; footwear; makeup; props; gear, safety gear, apparel, equipment transportation, set-up, and break-down; and anything else necessary to provide the Contractor Services shall be provided by and at the expense of the Contractor. The Contractor shall leave the performance site in a condition equal to that prior to performance of the Contractor Services. The CRA shall not be responsible for any equipment or other property of the Contractor brought to or left on CRA property. 11)Personnel. Contractor represents that Contractor has, or will secure at Contractor's own expense, all necessary personnel required to perform the Contractor Services under this Agreement. Such personnel shall not be employees of, or have any contractual relationship with, the CRA. All of the Contractor Services shall be performed by the Contractor, or under Contractor's supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, licensed or permitted under state and local law to perform such Contractor Services. Contractor warrants that all Contractor Services shall be performed by skilled and competent personnel in accordance with all applicable federal, state and local laws and professional and technical standards, and that Contractor has all required licenses and permission required by state, local, and federal law to perform the Contractor Services. 12)Vehicles. All vehicles belonging to Contractor or Contractor's personnel shall be removed from the event location site and parked in the assigned area prior to the start of the Contractor Services. 01512073-1 Page 3 of 15 Contractor Initial 13)Propriety. The Contractor shall ensure that their performance of Contractor Services will not contain swearing, lewd actions, or lewd comments, or any behavior, activity, or language unsuitable for the intended public audience. 14)Content, Logistics, Etc. The Contractor understands that the CRA has sole and absolute discretion as to the content and propriety of the Contractor Services and may deem certain content inappropriate for the Event. The Contractor also understands that except for the Contractor Services, the CRA has final and complete control of the scheduling, placement, procedures, and other logistical considerations at the Event. The Contractor also understands that, with the exception of the Contractor Services, the CRA retains creative control of all other elements of the Event, including but not limited to sound levels, choice of other performers (include master of ceremonies and speakers), performance length, lights, amplification, stage sets, and film or video played to the audience during the Event. The Contractor shall have exclusive control of the Contractor Services provided by the Contractor, including the method, manner, and means of executing the Contractor Services. 15)CRA to Own Materials. The Contractor agrees that the CRA shall be the owner of all materials and other documents created by the Contractor on behalf of the CRA as part of its performance of the Contractor Services. Any and all documents, files, reports,programs, developments and innovations, whether written or electronic, which are developed, maintained, utilized or conceived by Contractor during the term of this Agreement and in the course of the performance of Contractor Services hereunder shall be the exclusive property of the CRA and shall be submitted to the CRA along with the final invoice in a format acceptable to the CRA. Contractor hereby assigns all right, title and interest in same to the CRA. 16)Cancellation. The CRA reserves the right to cancel or postpone the Contractor Services for any reason. a. If the CRA cancels or postpones the Contractor Services 72 hours or more before the scheduled performance date of the Contractor Services for reasons other than breach by Contractor, the CRA shall not be liable to Contractor for Payment for any Contractor Services which are cancelled or postponed, but shall be liable for Payment of goods received and Contractor Services rendered and accepted by the CRA prior to the date of notice of cancellation. b. If the CRA cancels the Contractor Services less than 72 hours before the scheduled performance date of the Contractor Services for reasons other than breach by the Contractor, and the CRA reschedules the Contractor Services or the Event, Contractor agrees that Payment will occur only after completion of performance as rescheduled. If the Contractor Services or Event is rescheduled, only the date and times of performance(s) and the date of Payment under this Agreement shall be modified; the other terms of this agreement shall remain in effect unless otherwise modified under this Agreement. If the Contractor can provide evidence that it cannot participate in the rescheduled Contractor Services or Event due to 01512073-1 Page 4 of 15 Contractor Initial unavoidable conflict,the Contractor is entitled to compensation from the CRA only for goods received and Contractor Services rendered and accepted by the CRA prior to the date of notice of cancellation,plus any costs Contractor incurred that it cannot get refunded for and/or cannot mitigate for in another transaction. c. If the CRA cancels the Contractor Services less than 72 hours before the scheduled performance date of the Contractor Services for reasons other than breach by the Contractor and does not reschedule,the Contractor is entitled to compensation from the CRA only for goods received and Contractor Services rendered and accepted by the CRA prior to the date of notice of cancellation, plus any costs Contractor incurred that it cannot get refunded for and/or cannot mitigate for in another transaction. d. In no case shall any Payments made pursuant to this paragraph exceed the amount of Compensation identified in paragraph 8 of this Agreement. e. In the event of any cancellation or postponement, the CRA will endeavor to notify the Contractor as soon as practicable prior to the schedule performance date of Contractor Services. f. It is understood that this Event is a "rain or shine" event and the terms of this Agreement are in no way affected by inclement weather. Every effort will be made to continue the performance of the Event and the Contractor Services. However, the CRA reserves the right to cancel the performance of the Event and Contractor Services in the event that the weather poses a potential danger to the Contractor, the equipment, participants, or audience. Safety shall be the paramount consideration in determining whether the performance must be cancelled due to weather. g. Any failure of the Contractor to perform may be excused only for proven sickness or injury, civil tumult or riot, terrorist acts, epidemics, acts of God, or other conditions beyond the control of the Contractor. The Contractor or agent must notify the CRA immediately of any reason which might result in Contractor's failure to perform on the scheduled date. If the Contractor cancels the Contractor Services or does not attend the Event fully prepared to provide the Contractor Services,the Contractor shall immediately refund all deposits or Payments received from the CRA for Contractor Services. h. The CRA reserves the right to substitute any other contractor for Contractor in the event that Contractor is not able to perform as scheduled. 17)Default. The failure of the Contractor to comply with the provisions set forth in this Agreement shall constitute a default and breach of this Agreement. If the Contractor fails to cure the default within seven(7) days of notice from the CRA or prior to the start of the Event, whichever comes first, the CRA may terminate this Agreement. In the event that the Contractor is not ready to perform at the scheduled time; or if (a) vital performing member(s) is/are not present; or if the Contractor or its members arrive at the 01512073-1 Page 5 of 15 Contractor Initial performance in such a condition as to appear to a reasonable person to be incapable of performing in a reasonably acceptable manner; then the Contractor is deemed to have committed a material breach of this Agreement and the CRA shall have the absolute right in its sole discretion to cancel the performance of Contractor Services or terminate the performance in progress, and to refuse Payment accordingly. In the event of material default or breach by Contractor, and in addition to any other remedies provided for in law or this Agreement, Contractor shall refund all monies previously paid by the CRA pursuant to this Agreement. Nothing in this Agreement shall be construed as a limitation on any damages the CRA may incur or is entitled to as a result of Contractor's breach or default. The CRA reserves the right to substitute any other contractor for Contractor in the event that Contractor is not able to perform as scheduled. 18)Waiver. The CRA shall not be responsible for any property or other damages or personal injury sustained by the Contractor from any cause whatsoever related to the Event, whether such damage or injury occurs before, during, or after the Event. The Contractor hereby forever waives, discharges, and releases the CRA, its agents, and its employees, to the fullest extent the law allows, from any liability for any damage or injury sustained by the Contractor. 19)Indemnification. The Contractor shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand,suit,loss, cost,expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property or other damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct or the faulty equipment (including equipment installation and removal) of the Contractor of Contractor's performance of this Agreement. This paragraph shall not be construed to require Contractor to indemnify the CRA for its own negligence, or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 20)Limitation of Liability. To the extent permitted by law,the CRA's liability for all matters that occur as a result of,arise out of,or are otherwise related to this Agreement, including negligent, grossly negligent, or willful misconduct or omission, shall be limited to the amount of Compensation or the direct out-of-pocket damages actually incurred, whichever is less. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA as set forth in Section 768.28, Florida Statutes. 21)No Transfer. The Contractor shall not subcontract, assign, or otherwise transfer this Agreement to any individual, group, agency, government, non-profit or profit corporation, or other entity except as Described in Exhibit A. 22)Insurance. The Contractor shall obtain all insurance required by the CRA and provide proof thereof at least 10 days prior to the Event, and include, along with an executed copy of this Agreement, a Certificate of Insurance ("COP') with a liability limit of at least$1,000,000 per occurrence. The Insurance must remain in force for so long as is necessary to cover any occurrence relating to,resulting from, or arising out of the Event or this Agreement. The CRA is to be included as "Additional Insured" with respect to liability arising out of services 01512073-1 Page 6 of 15 Contractor Initial performed by the Contractor by or on behalf of the CRA or acts or omission of the Contractor in connection with providing Contractor Services pursuant to this Agreement. The Certificate must include the following as additional insured parties: Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue, 4th Floor Boynton Beach, Florida 33435 The City of Boynton Beach 100 East Ocean Avenue Boynton Beach, Florida 33435 23)Tax Forms. The Contractor's individual members, including the Contractor's agents and employees, shall provide the CRA with completed W-9 forms in order to receive Payment. The CRA shall provide the Contractor with an IRS Form 1099 where required under law. The Contractor further acknowledges that the CRA is neither paying Social Security benefits nor withholding taxes from the Contractor's compensation for the Contractor Services. The Contractor assumes all liability and responsibility for payment of the Contractor's (and the Contractor's individual members) own FICA and Social Security benefits and all taxes resulting from this Agreement. 24)No Discrimination. The Contractor shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, familial status, gender identity, gender expression, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 25)Independent Contractor; No Partnership,Etc. The Contractor agrees nothing contained in this Agreement shall be deemed or construed as creating a partnership, joint venture, or employee relationship. It is specifically understood that the Contractor is an independent contractor(s) for all purposes (including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance Law) and that no employer/employee or principal/agent is or shall be created nor shall exist by reason of this Agreement or the performance of Contractor Services. The Contractor will exercise its own judgment in matters of safety for itself and attendees of the Event. 26)Promotional Materials. The Contractor agrees that the CRA may photograph and/or record video and audio of the Contractor Services, and that such photographs and recordings may be (i)used for the purposes of promotion of the Event or future events; (ii)transmitted live or by recording on local television and radio channels; and(iii)used in materials intended for public display or distribution to the public, including but not limited to print advertisements, billboards, street and light pole banners, websites affiliated with the CRA, and social media affiliated with the CRA. The Contractor waives and assigns to the CRA all copyrights under the Copyright Contractor of 1976, 17 U.S.C. 101, et seq., and all other rights in recorded, 01512073-1 Page 7 of 15 Contractor Initial photographed, or transmitted versions of the Contractor Services. The CRA shall attribute the Contractor Services to the Contractor. 27)No Infringement. The Contractor represents that in performing the Contractor Services under this Agreement, the Contractor will not infringe on the property right, copyright, patent right or any other right of anyone else; and if any suit is brought or a claim made by anyone that anything in conjunction with the ownership or the presentation of said Contractor or appearance as part of the Contractor Services is an infringement on the property right, copyright,patent right, or other rights,the Contractor will indemnify the CRA against any and all loss, damages, costs, attorney fees or other loss whatsoever. The Contractor shall not use the CRA's logos, or marks without the CRA's prior written approval. 28)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. 29)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. 30)Agreement Deemed to be Drafted Jointly. This Agreement shall be deemed to be drafted jointly and shall not be construed more or less favorably towards any of the parties by virtue of the fact that one party or its attorney drafted all or any part thereof. Any ambiguity found to exist shall be resolved by construing the terms of this Agreement fairly and reasonably in accordance with the purpose of this Agreement. 31)Governing Law,Jurisdiction, and Venue. The terms and provisions of this Agreement shall be governed by, and construed and enforced in accordance with,the laws of the State of Florida and the United States of America, without regard to conflict of law principles. Venue and jurisdiction shall be Palm Beach County, Florida, for all purposes, to which the Parties expressly agree and submit. 32)Independent Advice. The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 01512073-1 Page 8 of 15 Contractor Initial 33)Severability. If any part of this Agreement shall be declared unlawful or invalid,the remainder of the Agreement will continue to be binding upon the parties. To that end, this Agreement is declared severable. 34)Force Majeure.Neither party shall be deemed to be in breach of this Agreement if either party is prevented from performing any obligations required of it by reason of boycotts, shortages of materials, labor disputes, embargoes, acts of God, epidemic, pandemic, acts of public enemy, acts of superior governmental authority,floods,riots,foreign or civil wars,rebellion,terrorism, sabotage by third parties, or any other similar circumstances for which it is not reasonably responsible and which are not within its control. 35)Voluntary Waiver of Provisions. The CRA may, in its sole and absolute discretion, waive any requirement of the Contractor contained in this Agreement. No waiver by the CRA shall be deemed a continuing waiver unless expressly stated in writing, and no action or inaction by the CRA shall be deemed a waiver. All waivers by the CRA must be expressly stated in writing. The Contractor may waive any requirements of the CRA contained in this Agreement. 36)Public Records. The CRA is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically,the Contractor shall: a. Keep and maintain public records required by the CRA to perform the Contractor Services described in this Agreement. b. Upon request from the CRA's custodian of public records,provide the CRA with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public record requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Contractor does not transfer the records to the CRA. d. Upon completion of the Agreement, transfer, at no cost, to the CRA all public records in possession of the Contractor or keep and maintain public records required by the CRA to perform the service. If the Contractor transfers all public records to the CRA upon completion of the Agreement,the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement,the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CRA, upon request from the CRA's custodian of public records, in a format that is compatible with the information technology systems of the CRA. The Contractor also understands that CRA may disclose any document in connection with performance of the Contractor Services or this Agreement, so long as the document is not exempt or confidential and exempt from public records requirements. 01512073-1 Page 9 of 15 Contractor Initial IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561) 737-3256; 100 E. Ocean Avenue, 4' Floor, Boynton Beach, FL 33435; or ShuttTkbbfl.us. 37)Agent. If this Agreement is signed by the Contractor's agent, the agent warrants that he/she is duly authorized to act on behalf of the Contractor, that he/she is authorized to enter into this Agreement, and that the agent and Contractor are jointly and severally liable for any breach of this Agreement. 38)Attorneys' Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, each party shall be responsible for its own attorneys' fees and costs. 39)Compliance with Laws. In the performance of the Contractor Services under this Agreement, the Contractor shall comply in all material respects with all applicable federal and state laws and regulations and all applicable Palm Beach County,City of Boynton Beach, and CRA ordinances and regulations, including applicable ethics and procurement requirements. 40)Effective Date and Termination. This Agreement will become effective at the date and time that the last parry signs this Agreement. Unless earlier terminated pursuant to this Agreement, this Agreement will automatically terminate after the performance of the Contractor Services and final Payment by the CRA, or on December 15, 2021, whichever occurs later, unless the CRA renews this Agreement as described below. Nothing in this paragraph shall be construed so as to affect the CRA's right to cancel or postpone the Contractor Services or the Event pursuant to this Agreement. a. The CRA shall have the right to terminate this Agreement without restriction upon 24 hours written notice to the Contractor. If the termination is for reasons other than breach by the Contractor, the CRA shall be liable only for Payment of goods received and Contractor Services rendered and accepted by the CRA prior to the date of notice of termination. b. Prior to the termination of this Agreement, the CRA may, at its option, renew this Agreement for the Annual Boynton Beach Haunted Pirate Fest and Mermaid Splash ( ) by providing written notice of renewal to Contractor. Contingent on the success of the Event, Contractor will be eligible for a three percent(3%) rate increase upon renewal for the Event. If the CRA renews this Agreement, only the dates (including any references to the fiscal year,times of the Event, and amount of compensation in this Agreement may be altered, which alteration must be accomplished through written agreement of the Parties. Only those terms specified in such written agreement will considered altered by the renewal. If the parties fail to agree to such altered terms within 60 days of the 01512073-1 Page 10 of 15 Contractor Initial written notice of renewal by the CRA, the renewal will be considered void and the Agreement will be considered terminated. 41)Survival. The provisions of this Agreement regarding the content of the Contractor Services, promotional rights, infringement, indemnity, waiver, insurance, agents, limitation of liability, and cancellation shall survive the expiration or termination of this Agreement and remain in full force and effect. 42)Electronic Signatures. The parties agree that the electronic signature of a party to this Agreement shall be as valid as an original signature of such party and shall be effective to bind such party to this Agreement. 43)Time is of the Essence. The parties acknowledge and agree that time is of the essence in the performance under this Agreement. 44)Agreement Non-Exclusive. Contractor shall be free to contract for similar services to be performed for other entities or persons while under contract with the CRA. The provision of services provided for herein is non-exclusive. The CRA in its sole and absolute discretion may retain additional entities or persons to perform the same or similar work. 45)Non-Scrutinized Company. Contractor hereby certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a boycott of Israel. If the CRA determines that this certification is falsified or contains false statements, or that Contractor is placed Scrutinized Companies that Boycott Israel List or engages in a boycott of Israel after the execution of the Agreement,the CRA may terminate the Agreement. 46)E-Verify. Contractor warrants for itself and its subcontractors that Contractor and all subcontractors are in compliance with all federal immigration laws and regulations that relate to their employees. The Contractor agrees and acknowledges that the CRA is a public employer that is subject to the E-verify requirements as set forth in Section 448.095, Florida Statutes, and that the provisions of F.S. Sec.448.095 apply to this Contract. Notwithstanding any other provisions in this Agreement, if the CRA has a good faith belief that Contractor has knowingly hired,recruited or referred an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States for employment under this contract, the CRA shall terminate the contract. If the CRA that has a good faith belief that a subcontractor knowingly hired,recruited or referred an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States for employment under this Contract, the CRA shall promptly notify Contractor and order Contractor to immediately terminate the contract with the subcontractor. Contractor shall be liable for any additional costs incurred by the CRA as a result of the termination of a contract based on Contractor's failure to comply with E-verify requirements referenced herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year written below. 01512073-1 Page II of 15 Contractor Initial BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Date: Print Name: Steven B. Grant, Chair STATE OF COUNTY OF SWORN TO and subscribed before me this day of 2021, 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) Commission No.: My Commission Expires: By: Date: Print Name: STATE OF COUNTY OF SWORN TO and subscribed before me this day of 2021, 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) Commission No.: My Commission Expires: 01512073-1 Page 12 of 15 Contractor Initial EXHIBIT "A" Scope of Work Boynton Beach Haunted Pirate Fest & Mermaid Splash Event Management Contractor will be responsible for planning, coordinating, and managing the overall operations of the Event under the direction of the CRA Business Promotions & Events Manager ("Program Coordinator"). The Contractor will report directly to Program Coordinator and will work with support from CRA staff and in compliance with all CRA and City of Boynton Beach financial and operational requirements. For purposes of this Agreement, the term "service providers" shall mean entities that provide services and/or equipment for the Event, including but not limited to: electricity generation; security; cleaning; portable sanitary facilities; tent installation and removal; stage setup and breakdown; audio-visual engineering; barricades; parking and shuttle service; tables, chairs, and decor; signage; and production services, along with any other entity necessary or desirable for the operation of the Event. For purposes of this Agreement, the term "vendors" shall mean those entities renting space at the Event. The obligations of Contractor described in this paragraph shall be referred to as "Contractor Services" in this Agreement. Specifically, Contractor agrees to the following: a. Contractor shall coordinate and manage all Event logistics as well as obtain all Service Providers selected by the CRA, and obtain or prepare all items necessary to effectively operate and manage the Event. i. In order to obtain service providers, Contractor shall first obtain bids from potential service providers and present those bids to the CRA. Once the CRA selects a service provider, Contractor shall facilitate, to the best of its ability, the formation of an agreement between the CRA and the selected service provider for the Event. b. Contractor shall act as a liaison between service providers, vendors, volunteers, City of Boynton Beach personnel and the Program Coordinator. c. Contractor shall assist the CRA with any event sponsorships that are secured by providing sponsorship servicing; including grid creations, pre-event, on-site, and post-event fulfillment obligations. d. Contractor shall work within the budgetary constraints of the event set by the CRA Board for the fiscal year 2021/2022 or as provided by the Program Coordinator. e. Contractor shall submit all proposals, and quotes, to the Program Coordinator for approval before procurement of service providers. 01512073-1 Page 13 of 15 Contractor Initial f. Contractor shall submit all invoices or requests for deposit to the CRA for Payment. All Payments for services will be made directly by the CRA finance department. g. Contractor shall procure appropriate event related permits, licenses, and insurance coverage. h. Contractor shall work directly with service providers and manage the coordination and layout of the on-site event, set up of vendor tents, stages, sets and decor, portable toilets, barricades, light towers, generators, food court, and other event related items. i. Contractor shall assist CRA with creating and updating the event site map. j. Contractor shall develop a load-in and load-out schedule for all service providers for the Event. k. Contractor shall assist CRA with volunteer recruitment and management of volunteer program. 1. Contactor shall assist with creating an emergency response plan for the Event. m. Contractor shall attend all meetings requested by Program Coordinator, including interdepartmental meetings with staff from the City of Boynton Beach. n. Contractor shall directly subcontract a Vendor Relations Manager (2), Volunteer Manager(1), Operations Managers (3), and Labor Assistants to be paid directly by the Contractor to coordinate, assist, and facilitate throughout the project. Contractor will directly compensate subcontracted personnel. o. No later than September 1,2021, Contractor shall provide to the CRA for approval: ii. A site plan for the Event; iii. Outlined suggestions to enhance the volunteer program and recruit volunteers; iv. Outlined suggestions to enhance the CRA's sponsorship program; v. Special Event Permit request for the City of Boynton Beach; vi. Quotes for core equipment rentals, such as stages, tents, barricades, audio, radios, golf carts,ATM's,trolley's,port-o-lets,generators,and light towers; and vii. Preliminary database of participants and key contacts. p. No later than October 11, 2021, Contractor shall provide to the CRA for approval: viii. Proof of all required insurance from service providers; ix. A production schedule inclusive of load-in, load-out, event operations, run of show, and breakdown of event; x. A signage plan; 01512073-1 Page 14 of 15 Contractor Initial xi. Copies of proposed contracts with service providers sufficient to demonstrate to the CRA that Contractor is able to ensure adequate staffing, appropriate scheduling, and other logistical needs are met during the Event; and xii. Proof that Contractor has obtained all necessary event permits from all entities, including an umbrella permit for the Event from the City of Boynton Beach, and is sufficiently managing all vendor permit needs. q. Prior to the day of the Event, Contractor shall: xiii. Collect all required vendor insurance documents; xiv. Create and provide the CRA with a database of all participants, including service providers, vendors, subcontractors, volunteers, and similar entities. The database must include the name of the contact person for each entity, the phone number for the person who can be contacted during the event, email address of the contact person, and the physical address of entity; and xv. Provide an outline of vendor space assignments. r. On the days of the Event, Contractor shall: xvi. Coordinate, manage, and direct all Event service providers, logistics, entertainment, Vendors, volunteers, set-up, break-down, and all other happenings at the Event. xvii. Ensure that sufficient Contractor staff are present at the Event, based on CRA estimates of attendance at Event, and have additional staff available to assist at the Event at the request of the CRA; and xviii. Coordinate vendors, including checking vendors in,providing vendors with booth assignments, and addressing requests of vendors. s. After the Event, Contractor shall attend a wrap-up meeting at the direction of the Program Coordinator. 01512073-1 Page 15 of 15 Contractor Initial 1 AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: July 13, 2021 NEW BUSINESS AGENDAITEM: 17.D. SUBJECT: Consideration of Award and Contract for Responses to the Request for Proposals (RFP) to Provide Marketing, Social Media, and Graphic Design Services for the Boynton Beach for the Haunted Pirate Fest& Mermaid Splash SUMMARY: Over the years, the Boynton Beach CRA have procured professional graphics design services through requests for quotes pursuant to the CRA's Procurement Policy. The graphic design services are primarily used to market and promote larger business promotional events managed by the CRA or initiatives supporting the CRA Plan (e.g. Boynton Beach Haunted Pirate Fest & Mermaid Splash). In order to efficiently manage workload and costs, a Request for Proposal (RFP)was issued for marketing, social media, and graphic design services for the upcoming 2021 Boynton Beach Haunted Pirate Fest & Mermaid Splash Event. For professional consulting services, the RFP process is preferred over the Invitation to Bid (ITB) process since the selected proposals are evaluated on other factors, not on the cost alone. The proposals submitted in the RFP are evaluated based on the respondents' knowledge/experience, quality of work, methodology, in addition to the costs to perform the scope of services. The Selection Criteria below is based on a scoring rubric utilized to objectively assess each proposal. The overall cost in the RFP Scope of Services (Pages 4-5 of the RFP) is subject to CRA Board review and approval of the marketing allowances in the FY 2021-22 Budget. The attached draft contract, if approved by the Board, will allow the CRA to adjust the Scope of Services each year for consistency with the adopted budget. In accordance with the CRA Procurement Policy, the RFP was advertised on June 11, 2021 with a deadline of July 1, 2021, 2:00 p.m. (Attachments I and 11). Six (6) proposals were received by the CRA: 2Ton (Attachment I I IA), Dellavalle Media (Attachment I I I B), Delray's Finest Signs & Graphics, LLC (Attachment I I I C), Griffin Web Design (Attachment I I I D), Sack Lunch Marketing, LLC (Attachment I I I E), and Sandor Max (Attachment I I I F). Staff reviewed and scored the proposals in accordance with the RFP Mandatory Qualification Requirements and Selection Criteria below: Mandatory Qualification Requirements: A) Demonstrated knowledge of and at least five (5) years of relevant experience in graphic design. Preference will be given to respondents with experience in community relations and government or institutional communications. B) Demonstrated experience in providing graphic design services for traditional as well as online, email, and social media marketing. C) Direct or contracted staff members assigned to this project with relevant experience and qualifications. Selection Criteria: A) Demonstrated Experience & Quality of Sample Work(30 points) B) Quality of Approach to Providing Services (20 points) C) Organizational Capability(20 points) D) Proposed Costs & Fee Schedule (25 points) E) Respondent is a Local Business, as defined in Paragraph 12 (5 points) Respondents Cumulative Scores 2Ton 230 Dellavalle Media 205 Delray's Finest Signs & Graphics, LLC 356 Griffin Web Design 200 Sack Lunch Marketing, LLC 335 SandorMax 234 Staff's sufficiency review and evaluation results are provided as Attachment IV. Delray's Finest Signs and Graphics scored highest in evaluation due to their demonstrated experience over the past several years, and high quality of approach to providing services. Reference verification has been initiated and is standard procedure performed by staff prior to contract execution. Attached is a Draft Consultant Agreement for Graphic Design Services prepared by CRA staff and legal counsel (Attachment V). The basic terms for the contract are as follows: • Annual contract with an option for up to three (3) one-year renewals upon mutual agreement of both parties • A cost not to exceed $20,620 annually for the Haunted Pirate Fest & Mermaid Splash Services and a cost not to exceed $85 per hour for additional as needed services • Ability to adjust the Scope of Services for consistency with CRA Board approved marketing allowances in the future adopted Fiscal Year Budgets • Termination via written notice Staff would like to have a consultant on board as soon as possible to begin the creative work for the Boynton Beach Haunted Pirate Fest and Mermaid Splash in October. If, for any reason, the selected respondent fails to execute the contract within 15 days of being provided a contract and a request to execute such contract, CRA Staff is requesting authorization, by separate motion, for the Executive Director to end negotiations and move forward to negotiate with the next highest ranked respondent. The only changes to the contract is the company's information and contract amounts. All other terms and performance standards will remain the same as indicated in Attachment V. Since time is of the essence, staff is also requesting that the Board authorize the Chair, by separate motion, to execute the successfully negotiated contract, subject to legal counsel's final approval. FISCAL IMPACT: FY 2021-2022 Budget, Project Fund, Line Item 02-58500-480. To be determined by the CRA Board. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan, Section B, Vision and Goals (Pages 32- 33) CRA BOARD OPTIONS: Separate motions will be required: 1. Award the contract to Delray's Finest Signs & Graphics, LLC in the annual amount not to exceed $20,620 and a cost not to exceed $85 per hour for additional services, and authorize the CRA Chair to execute the contract upon final review by legal counsel., AND 2. Approve CRA Staff to award a contract to the next highest ranked respondent if, for any reason, the awarded respondent fails to execute the contract. CRA Staff and legal counsel will prepare a contract and have the CRA Chair execute the contract without bringing it back before the CRA Board for approval; OR 3. Do not award the contract and provide direction to CRA Staff. ATTACHMENTS: Description D Attachment I - RFP for Pirate Fest Marketing, Social Media, and Graphic Design D Attachment II -Addendum #1 to RFP D Attachment V - Draft Contractor Agreement REQUEST FOR PROPOSALS (RFP) TO PROVIDE MARKETING, SOCIAL MEDIA, AND GRAPHIC DESIGN SERVICES FOR THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY'S 2021 BOYNTON BEACH HAUNTED PIRATE FEST & MERMAID SPLASH EVENT r BOYNTO, HA CR imam B t- E AC ii U COMMUNITY REDEVELOPMENT AGENCY RFP ISSUE DATE: June 11, 2021 RFP SUBMISSION DEADLINE: July 1, 2021, 2:00 p.m. (EST) Boynton Beach CRA 100 E. Ocean Avenue, 4t" Floor Boynton Beach, FL 33435 1 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PUBLIC NOTICE REQUEST FOR PROPOSALS (RFP) FOR MARKETING, SOCIAL MEDIA, AND GRAPHIC DESIGN SERVICES The Boynton Beach Community Redevelopment Agency (BBCRA) hereby announces its intent to receive and consider sealed responses to the Requests for Proposal (RFP) from qualified individuals, partnerships, or firms to provide ongoing marketing, social media, and graphic design services under an annual service contract with an option for up to three (3) one-year renewals. The complete RFP documents may be obtained from the BBCRA office or website at www.boyntonbeachcra.com. Sealed proposals will be accepted at the BBCRA office located at 100 E. Ocean Ave, 4t" Floor, Boynton Beach, FL 33435 ON OR BEFORE July 1, 2021, no later than 2:00 p.m. Eastern Standard Time (EST), as determined by the time stamp or clock at the BBCRA's reception area as set up on the 1st Floor Lobby. All proposals will be date and time stamped by the BBCRA. Proposals received after the date and time set forth above will NOT BE ACCEPTED FOR CONSIDERATION. All correspondence and requests for information regarding this RFP and this project must be submitted in writing via email to CoppinM@bbfl.us no later than 5:00 p.m. (EST), on June 17, 2021. The Board of the BBCRA reserves the right to accept or reject any proposals or any part thereof or any combination of proposals and to waive any or all formalities. 2 i l�- BOYNTON !" V"1010 `062 ,a1b COMMUNITY REDEVELOPMENT AGENCY REQUEST FOR PROPOSALS (RFP) Marketing, Social Media, and Graphic Design Services RFP Issue Date: June 11, 2021 RFP Submission Deadline: July 1, 2021, 2:00 p.m. (EST) 1. Background The mission of the Boynton Beach Community Redevelopment Agency ("BBCRA") is to foster and directly assist in the redevelopment of the Boynton Beach Community Redevelopment Area in ("BBCRA Area") order to eliminate blight, create a sustainable downtown, and encourage economic growth, thus improving the attractiveness and quality of life for the benefit of the entire CRA Area and consequently the City of Boynton Beach as a whole. The BBCRA works to fulfill its mission through a variety of strategic programs and improvement plans that work to eliminate and prevent blighted conditions, encourage job creation and business development, help maintain a viable downtown, and improve neighborhoods throughout the CRA District. Working in conjunction with the City and other community partners, the BBCRA has made significant progress since being established in 1982. 2. Purpose The BBCRA is requesting proposals from individuals, partnerships or firms interested in working with the BBCRA under a professional services contract to provide ongoing graphic design services for BBCRA's signature event, The Boynton Beach Haunted Pirate Festival & Mermaid Splash. The BBCRA intends to negotiate an annual contract with the selected respondent(s) that will outline the scope of work, payment, and other terms. The contract may contain an option for up to three (3) one- year renewals. Interested parties must submit proposals on the entire scope of services listed within this Request for Proposals ("RFP"), with the exception of those services specifically listed as optional. If a respondent wishes to provide optional services, the respondent must provide an hourly rate for doing so in the forms provided in this RFP. The BBCRA may select multiple respondents for all or portions of this RFP; however, it is the desire of the BBCRA to negotiate a contract with a single respondent. In general, the BBCRA is seeking proposals from experienced graphic designers with knowledge of municipal government, and proficiency in communication, social media marketing, and traditional media outlets. 3 BBCRA staff will work closely with the selected respondent(s) to provide general direction, ideas and resources for content creation, special assignments, deadlines, and performance feedback on a regular basis. 3. Scope of Services The BBCRA is seeking proposals from qualified firms to provide marketing & graphic design services for the annual campaign described in Attachment "A" and occasional electronic or print marketing materials for projects or events as described below in Items A through E. Design needs would largely consist of save-the-date invitations; postcards; posters; brochures; flyers; event related collateral, treasure hunt map; visitor map; event logo; Every Door Direct Mailer, and print-ready or web-ready electronic advertisements. BBCRA staff will provide the selected respondent with all necessary specifications and information needed to furnish a product in a timely manner. a. Social Media Account The BBCRA uses social media to inform the local and regional community of the upcoming Boynton Beach Haunted Pirate Fest & Mermaid Splash; to increase awareness of participating local businesses, to engage stakeholders in various aspects of the event, and to encourage an ongoing dialogue about the event. The BBCRA currently maintains a total of two (2) accounts on two (2) social networks. A minimum of three (3) weekly social media posts for each account comprised of a variety of creative mediums, such as video, photo sharing, contests, business promotion, custom graphics, etc. shall be provided for this task. Check the following social media accounts for examples of desired content: 1. Facebook - @BBPirateFest @BoyntonBeachCRA 2. Instagram - @BBPirateFest @BoyntonBeachCRA b. Email Newsletters The BBCRA created an electronic newsletter as a way to bring awareness to the activities and important information regarding the BBCRA to its stakeholders. The newsletter is emailed to the BBCRA's iContact list of 2,613 subscribers on a quarterly basis, is posted on the agency's website, BBCRA managed blog — Boynton Beach Insider, and is shared through a link on the BBCRA social media sites. Assistance with creating a custom graphic and content to be included in one (1) issue of the Redevelopment Works newsletter. c. Email Blasts The BBCRA utilizes its iContact account to send out periodic email blasts to promote business promotional events and other promotional offers available through the agency. Assistance with creating two (2) custom email templates to promote various aspects of the event. d. Websites: www.bbpiratefest.com and www.boVntonbeachcra.com Assistance with adding updates related to participating businesses, entertainment, vendors, activities, sponsors, photos, etc. to the Boynton Beach CRA and Boynton Beach Pirate Fest & Mermaid Splash websites once a week or as needed. 4 e. Blog The BBCRA utilizes the Boynton Beach Insider blog to share information about local businesses, agency initiatives, and event details. Assistance with writing content for a minimum of one (1) blog to promote the various aspects of the event in a unique and engaging manner. • Create blog content to promote the various aspects of the event • Create two (2) scripts to be used as content for a 30 second radio ad to promote the event • Assist with creating scripts and creative content for up to four (4) Pirate Television (PTV) segments that are up to four minutes long. • Assist with drafting content for a minimum of two (2) press releases and a minimum of one (1) blog. f. Additional Services In addition to the above functions and services, the BBCRA may have a need for specialized marketing or promotional services, including photography, videography, printing, and website design and maintenance services. As it is not anticipated that the BBCRA will need these services on an ongoing or otherwise predictable basis, respondents are not required to submit a proposal for the services listed in this section. However, if a respondent can directly provide or assist in procuring these services through outside vendors or subconsultants, that should be indicated in the submittal along with an hourly rate. 4. Contract Fee Structure The BBCRA will negotiate a one-year contract with the selected respondent(s), which contains an option for renewal for three (3) additional one-year terms. Respondents should structure their annual fee schedules to include the following and shall complete Attachment "B," Proposed Fee Schedule: a. A flat fee for each item included in Attachment "A," and items (a) through (e) listed in Section 3, Scope of Services b. Hourly fee for item (f) listed under Section 3, Scope of Services 5. Pricing and Costs The BBCRA will not reimburse respondents or any other entity for any expenses incurred in preparing submittals in response to this request. a. Proposal Price and Related Costs Respondent shall complete Attachment "B," Proposed Fee Schedule and Attachment "C," Respondent's Acknowledgement and Compliance Statement. b. Sales Tax By submitting a proposal, respondent acknowledges that all materials and supplies necessary for completion of the graphic design services described in this RFP are subject to Florida Sales and Use Tax, in accordance with Florida Statutes. However, the CRA is exempt from any taxes imposed by State and/or Federal government. Exemption 5 certificates will be supplied on request. State Sales tax Exemption Certification No. 85- 8012625376C-3 will appear on each purchase order. 6. Mandatory Qualification Requirements Proposals must demonstrate respondents' ability to comply with each of the items identified below. Inability to do so may result in disqualification of the submittal. a. Demonstrated knowledge of and at least five (5) years of relevant experience in graphic design. Preference will be given to respondents with experience in community relations and government or institutional communications. b. Demonstrated experience in providing graphic design services for traditional as well as online, email, and social media marketing. c. Direct or contracted staff members assigned to this project with relevant experience and qualifications. All deliverables or end products created by the selected respondent for the BBCRA under the Scope of Services listed above will become the property of the BBCRA and shall include electronic versions of the final documents in the original software program that is approved by the BBCRA. Respondent will be required to obtain a minimum of three (3) price quotes for all print materials. 7. Submittal Requirements By submitting a proposal, respondent is representing that he/she/it has carefully read all information contained herein including the requirements to be a responsible respondent. It is the responsibility of the respondent to submit a complete response to all requirements. Proposals must include separate section tabs with the following information in the order as described below: a. Company Information — A summary of the company history of the proposed respondent, including descriptions of any proposed partnerships with other services providers: 1) Specify who would serve as the primary contact 2) Specify any dedicated staff or team members b. Approach to Providing Scope of Services — This section must include a description of the project management strategy, and any performance standards that can be expected. Include ability and approach to offer any of the services references in Paragraph 3, Scope of Services. c. Proposed Fee Schedule — Fee schedule should be described according to the format specified in Paragraph 4 and a completed Attachment "B," Proposed Fee Schedule, shall be submitted. d. Summary of Qualifications — including demonstrated knowledge and experience as described in Paragraph 6. e. Respondent's Information and Past Performance — Provide a completed Attachment "G," Respondent's Information and Past Performance. References must include scope of work, contact names, addresses, telephone numbers, email addresses, and dates of service. A contact person shall be someone who has personal knowledge of the respondent's performance for the specific requirements listed. Contact person must have been informed that they are being used as a reference and that the BBCRA may be 6 contacting them. DO NOT list persons who are unable to answer specific questions regarding the requirement. This information will be considered in the contract award review. Failure to include all data necessary to evaluate a respondent's past performance may eliminate respondent from the RFP process; prior submittals will not be accepted. Respondents must also complete Attachment "M," Authorization for Release of Information. f. Litigation History — Provide a completed Attachment "H, Legal History, indicating whether the respondent has been a party to litigation or arbitration arising from a project for a public entity within the past four (4) years. g. Provide a minimum of four (4) Samples of Work for each category below: 1) Graphic Design — logo, ads, posters, email template, billboard (if available) 2) Copywriting — blog, press release 3) Brochures, postcards, posters, etc. 4) Social media — example of post or campaign In total, one (1) unbound, clipped and tabbed original proposal document is required to be submitted, with a title page listing the name of the RFP and the respondent's name and address, and one (1) bound and tabbed copy of the proposal. In addition, one (1) digital copy of the complete proposal in PDF format on CD/DVD or jump drive must be submitted. Proposals shall be sealed and clearly marked on the outside of the envelope or delivery box container as follows: Ms. Mercedes Coppin, Business Promotions & Events Manager Boynton Beach CRA Marketing, Social Media, and Graphic Design Services Request for Proposals (RFP) Proposals are to be submitted to the BBCRA offices at 100 E. Ocean Avenue, 4t" Floor, Boynton Beach Florida 33435, no later than July 1 , 2021, 2:00 p.m. (EST). Facsimile or emailed copies of the proposal will not be accepted. Proposals received after the deadline will not be considered. Any question as to whether a proposal has been timely submitted will be resolved by reference to the time kept at the BBCRA office by the person charged with receiving proposals. 8. Public Information/Public Records Statement The BBCRA considers all information, documentation and other material submitted in response to this solicitation to be of non-confidential and or non-proprietary nature and therefore subject to public disclosure under Chapter 119 of the Florida Statutes. 9. Questions, Clarifications, Interpretations Questions and inquiries concerning the proposal and specifications of the RFP shall be submitted in writing and directed to Ms. Mercedes Coppin, Business Promotions & Events Manager, 100 E. Ocean Avenue, 4t" Floor, Boynton Beach FL, 33435, at CoppinMp_bbfl.us and must be received no later than June 17, 20217 5:00 p.m. (EST). All answers to questions, clarifications, and interpretations will be issued in the form of addenda. Oral explanations, information, and instructions shall not be considered binding on the BBCRA. All prospective respondents 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 respondent. 7 Written responses to all written questions submitted shall be maintained in the BBCRA RFP project file. All such addenda issued by the BBCRA before the proposals are due, are part of the RFP, and respondents shall acknowledge receipt of and incorporate the requirements of each addendum in his/her/its proposal by completing and including in their response package Attachment "D," Addenda Acknowledgement. It is the responsibility of all respondents to obtain, review, and respond to any and all addenda issued. 10. Limitations on Communications - Cone of Silence/No Lobbying As to any matter relating to this RFP, any respondent, subconsultant, or anyone representing a respondent is advised that they are prohibited from contacting or lobbying the BBCRA Board, BBCRA Advisory Board, BBCRA staff, or any other person working on behalf of the BBCRA on any matter related to or involved with this RFP. For purposes of clarification, a respondent's representatives shall include, but not be limited to, the respondent's employees, partners, attorneys, officers, directors, consultants, lobbyists, or any actual or potential sub consultant or consultant of the respondent. Any violation of this condition may result in rejection and/or disqualification of the respondent's proposal. This "Cone of Silence/No Lobbying" is in effect from the date of publication of the RFP and shall terminate at the time the BBCRA Board selects a respondent, rejects all proposals, or otherwise takes action which ends the solicitation process. 11 Selection Criteria/Evaluation Proposals will be scored based on the following criteria: a. Demonstrated Experience & Quality of Sample Work (30 points) b. Quality of Approach to Providing Services (20 points) c. Organizational Capability (20 points) d. Proposed Costs & Fee Schedule (25 points) e. Respondent is a Local Business, as defined in Paragraph 12. (5 points). BBCRA staff will review each application according to established criteria and make recommendations to the BBCRA Board. The respondents may be asked to make presentations to the BBCRA Board. The BBCRA Board will consider BBCRA staff's recommendations and the established criteria in their final decisions on the contract award. If a contract is awarded, it shall be awarded by written notice to the respondent whose proposal is determined to be in the best interest of the BBCRA, after consideration of all factors, including the contents of the submitted proposal. 12. Local Business Preference To provide locally owned and operated companies a competitive advantage when the BBCRA is procuring goods and services, preference will be given by the BBCRA to local businesses. A "Local Business" is any person, firm, partnership, company or corporation authorized to do business in Florida that has a valid business tax receipt issued by the City for at least one (1) year prior to the issuance of this RFP and a physical address within the City from which the respondent lawfully 8 performs and operates. Post Office Boxes or location at a postal service center shall not be used for the purpose of establishing physical address. All proposals must indicate whether or not respondent is a local business via submittal of Attachment "E," Local Business Preference Statement. 13. Subcontractors If a respondent intends to subcontract any portion of the scope of work for any reason, respondent must state the name and address of the licensed subconsultant and the name of the person(s) to be contracted on the enclosed Attachment "I," Subcontractors List. For purposes of this RFP, an example of a subcontractor would be a photographer, videographer, website designer, or copywriter. The BBCRA reserves the right to accept or reject any or all proposals wherein a subcontractor is named, and to make the award to the respondent, who, in the opinion of the BBCRA, will be in the best interest of and/or most advantageous to the BBCRA. The BBCRA also reserves the right to reject a submission of any respondent if the proposal names a subcontractor who has previously failed in the proper performance of an award or failed to deliver contracts of a similar nature on time, or is not in a position to perform properly under this award. The BBCRA reserves all rights in order to make a determination as to the foregoing. Respondent agrees that if selected to enter into a contract for graphic design services, respondent shall periodically throughout the term of the contract provide the BBCRA an updated list of all subcontractors working on the awarded scope of work. 14. Insurance Requirements The successful respondent shall provide a certificate of insurance meeting the requirements of Attachment "F," Insurance Requirements, prior to contract execution. The BBCRA reserves the right to ensure and require that the insurance coverages provided by the successful respondent are proper and that the insurers are licensed or otherwise qualified to do business in Florida. If at any time during the term of the contract the BBCRA determines that it is in its best interests to insist on an alternative insurance provider, it may do so and respondent (and subconsultants) agree to comply with the BBCRA's decision. The BBCRA also reserves the right to review, modify, or amend any required coverages, limits, and endorsements during the life of a contract and any extensions thereof. The BBCRA further reserves the right, but not the obligation, to review and reject any insurer providing coverage on the respondent's behalf because of the insurer's poor financial condition or due to the insurer's failure to operate legally in the State of Florida. 15. Execution of Agreement a. Offer of Contract Upon the BBCRA Board's selection of the successful respondent(s), the BBCRA will extend to said respondent (s) an offer to enter into graphic design services consultant contract. The terms and conditions of the contract are subject to negotiations, but shall not deviate substantially from the qualifications, fees, and costs identified by the successful respondent(s) in its proposal. The contract must be in a form approved by the BBCRA Board attorney and the BBCRA Board. A copy of the Boynton Beach Community Redevelopment Agency Contractor Agreement is included in this RFP as Attachment "N 9 b. CRA's Right to Withdraw If for any reason a respondent and the CRA are unable to negotiate terms of the contract that are agreeable to both parties and execute the contract within 15 days of being provided a contract and a request to execute such contract, the CRA may in its sole and absolute discretion terminate negotiations with respondent and/or withdraw its offer of contract, and to move forward as it deems appropriate, which may include entering into contract negotiations with another respondent(s), RFP re-issuance, or electing not to award a contract at all. If another respondent is awarded the contract, this award shall bind such respondent as though he/she/it were the original successful respondent. 16. Preliminary Schedule a. RFP Issue Date: June 11, 2021 b. RFP Deadline to Submit Questions/Inquiries: June 17, 2021, 5:00 p.m. (EST) c. RFP Submission Deadline: July 1, 2021, 2:00 p.m. (EST) d. Award of RFP by the CRA Board of Commissioners: July 13, 2021, 5:30 p.m. (EST) (Note: Dates above are subject to change, respondents will be notified by e-mail of changes, if any. 17. Disclosure and Disclaimer Respondent understands and acknowledges that to the extent permitted by law, the BBCRA retains all rights, at its sole and absolute discretion, to: c. Withdraw this RFP at any time; d. Modify the schedule associated with this RFP; e. Issue addenda to this RFP; f. Request additional information, clarifications, or assurances from one or more respondents or prospective respondents; g. Reject any and all bids; h. Refrain from awarding an agreement as a result of this RFP; i. Verify the accuracy of any information provided; j. Accept bids that deviate from this RFP; k. Disqualify or reject bids that are incomplete, untimely, or unclear; I. Re-advertise this RFP and accept new proposals; m. Obtain economic feasibility studies or third-party evaluations with regard to any part of any bid; n. Evaluate the proposals through any process that complies with the BBCRA Procurement Policy, this RFP, and applicable Florida Statutes, o. Select the one or more successful proposals or respondents it deems will be in the best interests of the BBCRA, regardless of which bid appears to offer the best monetary value to the BBCRA; p. Waive any required element or condition found in this RFP for all proposals or for a specific proposal; q. Waive any formalities associated with this RFP; 10 r. Accept any proposal in whole or in part, or accept any combination of proposals; and, s. Negotiate agreements, abandon or withdraw from negotiations, approve agreements, and take other similar actions as a result of this RFP. Any respondent who submits a proposal in response to this RFP fully acknowledges all the provisions of this disclosure and disclaimer and agrees to be bound by the terms hereof. In the event of any differences between this disclosure and disclaimer and the balance of the RFP, the provisions of this disclosure and disclaimer shall govern. If respondent fails to fully comply with all requirements of this RFP, respondent's or respondents' proposal may be disqualified. Respondent(s) shall complete and include a signed Respondent(s) Acknowledgement and Compliance Statement exactly as shown in Attachment "C," Respondent's Acknowledgement and Compliance Statement. 18. Protests The Bid Protest Policy is available upon request. Submittal of a proposal in response to this RFP constitutes acceptance of this policy. 19. Non-Discrimination The selected respondent, 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, the BBCRA, the proposal, any agreement resulting from this RFP, or the Project. 20. Permits, Taxes, Licenses and Laws The successful respondent/contractor 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 the RFP and carrying out the Project. 21. 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 response to this RFP to be of non-confidential and or non-proprietary nature and the property of the BBCRA and therefore subject to public disclosure under Chapter 119 of the Florida State Statutes. If a respondent believes any portion of a proposal is exempt from public records disclosure, the bidder must identify the portion bid it believes it is exempt, state the reason for exemption, and request the BBCRA exempt it from public records disclosure. The BBCRA will exempt potions of a proposal from public records disclosure only to the extent permitted by law. 22. 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 11 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, respondent must complete and attach Attachment "J," Public Entity Crimes Statement. 23. Drug Free Workplace Certification Preference shall be given respondent(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 respondent shall complete and submit with its proposal the attached certification, Attachment "K," Certification of Drug Free Workplace Program. 24. Non-Scrutinized Entity By submitting a proposal, respondent 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. Respondents must complete Attachment "L," Certification of Non-Scrutinized Entity. 25. E-Verify In any agreement resulting from this RFP, the respondent will be required to warrant, for itself and its subcontractors, compliance with all federal immigration laws and regulations that relate to their employees. Respondent agrees and acknowledges that the BBCRA is a public employer that is subject to the E-verify requirements as set forth in Section 448.095, Florida Statutes, and that the provisions of F.S. Sec. 448.095 will apply to such an agreement. "This established the end of the main document" 12 List of Attachments: A. Scope of Work— Boynton Beach Haunted Pirate Fest & Mermaid Splash and Additional Services B. Proposed Fee Schedule C. Respondent's Acknowledgement and Compliance Statement D. Addenda Acknowledgement E. Local Business Preference Certification Statement F. Insurance Requirements G. Respondent's Information and Past Performance H. Legal History I. Subcontractor List J. Public Entity Crimes Statement K. Certification of Drug Free Workplace Program L. Certification of Non-Scrutinized Entity M. Authorization for Release of Information. N. Boynton Beach Community Redevelopment Agency Contractor Agreement (Provided for reference only- to be completed upon contract award by CRA Board) 13 ATTACHMENT "A" Scope of Work I. Boynton Beach Haunted Pirate Fest & Mermaid Splash Printed Graphics: • Design three 1-95 electronic billboards 14'x48' • Design utility bill Insert 8.5" x 11" • Design promotional collateral — 6"x9" postcards & 12.5"x18.5" posters • Design street signs —4'x8' and 4'x4' • Design a full-page ad 10"x 13" for the Delray Newspaper • Design 8.5" X 11" Every Door Direct Mailer • Design a full-page ad 7.25" x 9.5" for the Neighborhood News • Design the Pirate Fest event map with the schedules of the performances • Design two 36"x20" Pirates Fest banners • Design two 4'x4' sponsorship event signs • Design a quarter page ad 7.96" x 5" for the Coastal Star • Design 8.5" X 14" Treasure Hunt brochure • Design 8"x24" booth signage for businesses and sponsors • Design two full page ads 10"x10.5" for the Gateway Gazette • Design t-shirts for the event - One Pirates t-shirt pirates and one mermaids tank top • Design one full page ad 9" x 11.5" for the Atlantic Current magazine • Design a quarter page ad 3.7625"x 5.0125" Coastal Angler • Design a bus wrap for the Recreation & Parks school bus 86"X 42.5" broken up in two parts 35.75" x 21.75" and 35.75" x 14.75" • Design one 12.5" x 18.5" poster to promote the Pirate's Rebellion beer • Design 8.5" X 11" multi-page sponsorship brochure (maximum ten pages) • Design 8.5" X 11" multi-page community partnership packet (maximum ten pages) • Design wayfinding event signage for up to twelve stages and activity areas. • Design additional custom printed content to be used within event site to promote event, entertainment, vendors, BBCRA area businesses, activities, and community partners • Design branded logo to match yearly theme of event (approximate size of 1800 pixels x 1600 pixels) II. Boynton Beach Haunted Pirate Fest & Mermaid Splash Social Media Creative and Management: Social Media Account The BBCRA uses social media to inform the local and regional community of the upcoming Boynton Beach Haunted Pirate Fest & Mermaid Splash; to increase awareness of participating local businesses, to engage stakeholders in various aspects of the event, and to encourage an ongoing dialogue about the event. The BBCRA currently maintains a total of two (2) accounts on two (2) social networks. A minimum of three (3) weekly social media posts for each account comprised of a variety of creative mediums, such as video, photo sharing, contests, business promotion, custom graphics, etc. shall be provided for this task. Check the following social media accounts for examples of desired content: 14 Facebook - @BBPirateFest @BoyntonBeachCRA Instagram - @BBPirateFest @BoyntonBeachCRA • Create branded social media graphics to be given to up to 30 participating BBCRA area businesses to assist with cross promotion of the event. III. Boynton Beach Haunted Pirate Fest & Mermaid Splash & Boynton Beach CRA Website Updates Websites: www.bbpiratefest.com and www.boVntonbeachcra.com Assistance with adding updates related to participating businesses, entertainment, vendors, activities, sponsors, photos, etc. to the Boynton Beach CRA and Boynton Beach Pirate Fest & Mermaid Splash websites once a week or as needed. IV. Creative and Copywriting for BBCRA newsletter, blogs, websites, radio ads, video scripts, and press releases Email Newsletters The BBCRA created an electronic newsletter as a way to bring awareness to the activities and important information regarding the BBCRA to its stakeholders. The newsletter is emailed to the BBCRA's iContact list of 2,613 subscribers on a quarterly basis, is posted on the agency's website, BBCRA managed blog — Boynton Beach Insider, and is shared through a link on the BBCRA social media sites. Assistance with creating a graphic and content to be included in one (1) issue of the Redevelopment Works newsletter. Email Blasts The BBCRA utilizes its iContact account to send out periodic email blasts to promote business promotional events and other promotional offers available through the agency. Assistance with creating two (2) custom templates to promote various aspects of the event. Bloq The BBCRA utilizes the Boynton Beach Insider blog to share information about local businesses, agency initiatives, and event details. Assistance with writing content for a minimum of one (1) blog to promote the various aspects of the event in a unique and engaging manner. • Create blog content to promote the various aspects of the event • Create two (2) scripts to be used as content for a 30 second radio ad to promote the event • Assist with creating scripts and creative content for up to four (4) Pirate Television (PTV) segments that are up to four minutes long. • Assist with drafting content for a minimum of two (2) press releases and a minimum of one (1) blog. 15 V. Additional Services (Hourly Rate) In addition to the above functions and services, the BBCRA may have a need for specialized marketing or promotional services, including photography, videography, printing, and website design and maintenance services. As it is not anticipated that the BBCRA will need these services on an ongoing or otherwise predictable basis, respondents are not required to submit a proposal for the services listed in this section. However, if a respondent can directly provide or assist in procuring these services through outside vendors or subconsultants, that should be indicated in the submittal along with an hourly rate. 16 ATTACHMENT "B" Proposed Fee Schedule DESCRIPTION OF SERVICES AMOUNT ($) Boynton Beach Haunted Pirate Fest & Mermaid Splash Services (Flat Fee) 1 Boynton Beach Haunted Pirate Fest & Mermaid Splash Graphic Design (Attachment A, Section 1) 2 Boynton Beach Haunted Pirate Fest & Mermaid Splash Social Media Management (Attachment A, Section 11) 3 Boynton Beach Haunted Pirate Fest & Mermaid Splash & Boynton Beach CRA Website Updates (Attachment A, Section 111) 4 Creative and Copywriting for BBCRA newsletter, blogs, websites, radio ads, video scripts, and press releases (Attachment A, Section IV) Total (Sum of Items 1-4 above) Additional As Needed Services (Hourly) (Attachment A, Section V) $ per hour Respondent's Signature Print Name Title Date 17 ATTACHMENT "C" Respondent's Acknowledgement and Compliance Statement Submit Proposals to: Boynton Beach Community Redevelopment Agency (BBCRA) 100 E. Ocean Avenue, 4t" Floor, Boynton Beach, FL 33435 Release Date: June 11, 2021 Project Title: RFP FOR MARKETING, SOCIAL MEDIA, AND GRAPHIC DESIGN SERVICES Submittal Deadline: Proposals must be received in their entirety by the BBCRA Proposals will be opened in the Boynton Beach Community Redevelopment Agency Office at 2:00 P.M. (EST) on the submission date unless specified otherwise. The undersigned has read the BBCRA Request for Proposals (RFP) to provide marketing, social media, and graphic design services. On behalf of my organization, I agree to and accept the terms, specific limitations, and conditions expressed therein. The undersigned agrees to honor the prices as provided in this proposal until such time a contract for marketing, social media, and graphic design services is executed pursuant to this RFP but not to exceed sixty (60) days following selection of the successful respondent to the RFP. I have read, rely upon, acknowledge, and accept the Disclosure and Disclaimer section which is fully incorporated by reference into this statement. Name of Organization: Respondent's Signature Print Name Title Date 18 ATTACHMENT "D" Addenda Acknowledgement Receipt is hereby acknowledged of the following addenda to the Request for Proposals (RFP) THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR MARKETING, SOCIAL MEDIA, AND GRAPHIC DESIGN SERVICES By entering checking YES or NO in the space provided and indicating date received. Addendum #1 ❑ Yes ❑ No Date Addendum #2 ❑ Yes ❑ No Date Addendum #3 ❑ Yes ❑ No Date Addendum #4 ❑ Yes ❑ No Date Addendum #5 ❑ Yes ❑ No Date RFP INFORMATION WAS OBTAINED FROM: ❑ BBCRA Website ❑ Newspaper Ad ❑ City Hall ❑ Other, please specify: Respondent's Signature Print Name Title Date 19 ATTACHMENT "E" Local Business Preference Statement When seeking local business preference status, a respondent must complete and file a written statement as follows: WRITTEN STATEMENT REQUESTING LOCAL BUSINESS STATUS [OFFICER OF COMPANY] Under penalty of perjury, I certify: I am an authorized representative of [NAME OF COMPANY] (Respondent) and on behalf of the respondent request that it be deemed to be a local business for purposes of the RFP. The following answers accurately reflect the status of the business seeking local preference. Answering yes to question 1 and question 2 will qualify the business as a local business. In support of this request I certify the following information as being true and correct: Name of Business (1) Is the business located Yes No Number of Years: within the City limits of Boynton Beach, Florida? (2) Does the business have a Yes No Business License Number: business tax receipt issued in the current year? (3) Is the business registered Yes No with the Florida Division of Corporations? I understand that misrepresentation of any facts in connection with this request may be cause for disqualification of this proposal. I also agree the respondent is required to notify the BBCRA in writing should it cease to qualify as a local business. Respondent's Signature Print Name Title Date 20 ATTACHMENT "F" Insurance Requirements Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall, at his/her/its own expense, provide and maintain in force, until all of its services to be performed under the Standard Form of Agreement have been completed and accepted by the BBCRA (or for such duration as it otherwise specified herein), the following insurance coverages: A. Worker's Compensation Insurance to apply to all of the Contractor's employees in compliance with the "Worker's Compensation Law" of the State of Florida and all applicable Federal Laws. Employer's Liability with limits of $100,000 per person, $500,000 per occurrence and $100,000 per each disease. B. Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and $1,000,000 minimum Property Damage Liability. Additionally, coverage shall also include $1,000,000 aggregate on products and completed operations; $2,000,000 general aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 21 06, as Filed by the Insurance Services Office and must include- 1. nclude:1. Premises and/or Operations 2. Independent Contractors 3. Broad form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement. 4. Personal Injury Coverage with employee and contractual exclusions removed. C. Business Automobile Liability with minimum limits of three hundred thousand dollars ($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include- 1. nclude:1. Owned Vehicles 2. Hired and Non-Owned Vehicles 3. Employers' Non-Ownership D. Professional Liability Insurance with minimum limits per occurrence applicable to BBCRA projects as follows: Contract Cost Range Limit 1. $0 - $997000 $ 250,000 2. 1007000 - 2997000 5007000 3. 3007000 -4997000 7507000 4. 5007000 —Above 170007000 21 Coverage shall be afforded on a form acceptable to the BBCRA. Contractor shall insure that subcontractors used for any portion of the project maintain adequate levels of Professional Liability Insurance. E. The BBCRA shall be named as an additional insured on the Contractor's policies and a waiver of subrogation shall be provided for all policies. Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4t" Floor Boynton Beach, FL 33435 22 ATTACHMENT "G" Respondent's Information and Past Performance Business Name: Street Address: Mailing Address (if different): City, State, Zip Code: Telephone No. : Fax No: Email Address of Contact Person- Position/Title 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: JOINT PROCUREMENT, CO-OPERATIVE PURCHASING AGREEMENT: Will extend same price, terms, and conditions of this response to other CRAs; Palm Beach, Martin, and Broward County governmental entities and agencies. ❑ Yes ❑ No 23 Professional References: Provide three (3) verifiable professional references within the last five (5) years: Contact Name/Company Scope of Work/Contract Dates of Address/Telephone/Email Amount Services 1. 2. 3. 24 ATTACHMENT "H" Legal History Legal History: Has Respondent been involved with any litigation within the past four (4) years? ❑ Yes ❑ No If Yes, list all civil and criminal legal actions as required by Paragraph 7f. Attach additional pages if necessary. Case Number Description State Disposition Respondent's Signature Print Name Title Date 25 ATTACHMENT "I" Subcontractor List Respondent(s) are to submit a detailed listing of any subcontractor participation of any portion of this project for any reason. Attach additional pages if necessary. Project Title: MARKETING, SOCIAL MEDIA, AND GRAPHIC DESIGN SERVICES RFP Issuance Date: June 11, 2021 Respondent(s)' Name: Name/Address/Phone of Type of Work to be Hourly Rate Flat Rate Subcontractor Performed Amount Name: Address- Phone/Email- Name: ddress:Phone/Email:Name: Address- Phone/Email- Name: ddress:Phone/Email:Name: Address: Phone/Email: 26 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 thirty-six (36) months following the date of being placed on the convicted vendor list. As the person authorized to sign the Statement, I certify that Respondent has not been placed on the convicted vendor list within the past 36 months and complies fully with the above requirements. Respondent's Signature Print Name Title Date 27 ATTACHMENT "K" Certification of Drug Free Workplace Program I certify that , the Respondent responding to this RFP, maintains a drug-free workplace program, and that the following conditions are met: (1) Respondent 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) Respondent 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) Respondent 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), Respondent notifies the employee that, as a condition of working in the commodities or contractual services covered under this RFP, he/she will abide by the terms of the statement; and will notify the employer (Respondent) of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 893 or any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Respondent 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) Respondent 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 Respondent complies fully with the above requirements. Respondent's Signature: Date Name & Title (typed) 28 ATTACHMENT "L" Certification of Non-Scrutinized Entity , as Respondent, 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 Respondent is placed Scrutinized Companies that Boycott Israel List or engages in a boycott of Israel after the submittal of the proposal or the execution of any agreement arising out of this RFP, the BBCRA may disqualify the proposal and/or terminate the agreement. Respondent's Signature: Date Name & Title (typed) STATE OF COUNTY OF THE FOREGOING INSTRUMENT was acknowledged before me this day of 20217 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: 29 ATTACHMENT "M" 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 or personal nature including the statement of your opinions with regard to the undersigned's professional credibility and personal character, or of the respondent identified below. The undersigned also authorizes you to release to the Boynton Beach Community Redevelopment Agency (BBCRA) any information in your possession regarding the business identified as "respondent" below. By: STATE OF COUNTY OF THE FOREGOING INSTRUMENT was acknowledged before me this day of 2021, 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 xpires:Name:Home Address: Business Telephone Number: Fax Number: Respondent (Business) Name: 30 ATTACHMENT "N" BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY CONTRACTOR AGREEMENT This Contractor Agreement (hereinafter "Agreement") is made by and between (hereinafter the "Contractor") and the Boynton Beach Community Redevelopment Agency, a municipal corporation located at 100 E. Ocean Avenue, 4th Floor, Boynton Beach, Florida 33435 (hereinafter the "CRA") (collectively the "parties"). In consideration of the mutual covenants and promises set forth herein, the sufficiency of which both parties acknowledge, the parties agree as follows: 1) Notice and Contact. Contact Person for the Contractor: Business Name: Address: Telephone Number: Email Address: Contact Person for CRA (hereinafter"Program Coordinator"): Name: Mercedes Coppin Address: 100 E. Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 Email Address: CoppinMLbbfl.us Telephone Number: (561) 600-9097 Whenever either Parry 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 persons listed above as the respective places for giving of notice. 2) Description of Contractor Services: The Consultant will perform the graphic design services as described in the Scope of Work (attached hereto as Exhibit "A" and hereby incorporated herein), and Consultant's Proposed Fee Schedule (attached hereto as Exhibit"B" and hereby incorporated herein). The CRA may make additions, deletions, or other changes the Scope of Work at any time. Any additions to the Scope of Work will be consistent with the Request for Proposals (RFP) to Provide Marketing, Social Media, and Graphic Design Services for the Boynton Beach 31 Community Redevelopment Agency (CRA) on an Annual Basis issued by the CRA in June, 2021 and Consultant's Proposed Fee Schedule (Exhibit "B"). The obligations of the Consultant described in this paragraph shall be referred to in this Agreement as the"Consultant Services." In the event of a conflict between Consultant's Proposed Fee Schedule (Exhibit "B") and another term in this Agreement, the terms outside of Consultant's Proposed Fee Schedule shall control. 3) Effective Date; Termination; Approximate Length of Contractor Services. This Agreement will become effective at the date and time that the last party signs this Agreement ("Effective Date"). Unless renewed pursuant to Paragraph 4 below, this Agreement will automatically terminate one year after the Effective Date, or after the performance of all the Contractor Services and final payment by the CRA, whichever occurs later. Nothing in this paragraph shall be construed so as to affect the CRA's right to cancel or postpone the Contractor Services pursuant to this Agreement. 4) Renewal. Prior to the termination of this Agreement, the CRA may, at its option, renew this Agreement for three (3) additional one-year terms under the same terms and conditions of the Agreement by providing written notice of renewal to Contractor. The renewed Agreement shall be effective with the mutual agreement of both parties. 5) Location. The location for the Contractor Services shall be described in paragraph 2), Description of the Contractor Services ("Location"). 6) Compensation. The CRA shall pay the Consultant for the performance of the Consultant Services in an amount not to exceed and 00/100 Dollars ($ .00) for the Boynton Beach CRA creative marketing and business promotions campaign as described in the Scope of Work, attached hereto as Exhibit "A". Payment for each individual campaign shall not exceed the amount described for each individual task in Exhibit `B". Additional services as described in Sections V of the Scope of Work in Exhibit "A" shall be provided at a rate of and 00/100 Dollars (S .00) per hour. Consultant shall provide the CRA with a cost estimate for each additional service provided at the hourly rate. Written approval from the CRA shall be required prior to commencement of any additional services. The compensation described in this paragraph shall be referred to in this agreement as the "Compensation." In the event of additions, deletions, or other changes to the Scope of Work as described in Paragraph 2 of this Agreement, the amount of Compensation may be adjusted,but the hourly rate of and 00/100 Dollars (S.00)per hour shall not be adjusted without an amendment to this Agreement subject to CRA Board approval. 7) Form of Payment of Compensation. All payments of Compensation shall be made in the form of a CRA check made payable to: . The final payment shall be made within 30 days after submittal of an invoice for Contractor Services and all Contract Documents (as required under paragraph 19) CRA to Own Materials), in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by the Contractor, either wholly or in part, and no Payment shall be construed to be an acceptance of or to relieve the Contractor of liability for the faulty or incomplete rendition of the Contractor Services. 8) Equipment, Etc. All equipment, transportation, set-up, and break-down, and anything else. necessary to provide the Contractor Services shall be provided by and at the expense of the Contractor. The Contractor shall leave the location in such condition that it is immediately usable by the intended user and/or the public. The CRA shall not be responsible for any equipment or other property of the Contractor brought to or left on the property. 32 9) Personnel. Contractor represents that Contractor has, or will secure, all necessary personnel required to perform the Contractor Services under this Agreement. Such personnel shall not be employees of, or have any contractual relationship with, the CRA. All of the Contractor Services shall be performed by the Contractor, or under Contractor's supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, licensed or permitted under state and local law to perform such Contractor Services. Contractor warrants that all Contractor Services shall be performed by skilled and competent personnel in accordance with all applicable federal, state, and local professional and technical standards. 10)Subcontractors. Future addition or replacement of Subcontractors may be allowed subject to approval of the Project Coordinator. The Contractor agrees that he is as fully responsible to the CRA for the acts and omission of his subcontractors and of persons either directly or indirectly employed by them, as he/she/it is for the acts and omissions of persons directly employed by them. Nothing contained in the Contract shall create any contractual relation between any subcontractor and the CRA. 11)Cancellation. The CRA reserves the right to cancel or postpone the performance of the Contractor Services or terminate this Agreement for any reason. The CRA shall not be liable to Contractor for payment for any Contractor Services not yet rendered, but shall be liable for payment of goods received and accepted by the CRA and Contractor Services rendered and accepted by the CRA prior to the date of notice of cancellation. 12)Default. The failure of the Contractor to comply with the provisions set forth in this Agreement shall constitute a default and breach of this Agreement. If the Contractor fails to cure the default within seven (7) days of notice from the CRA or prior to the next event for which Contractor Services are anticipated, whichever is sooner, the CRA may terminate this Agreement and refuse payment of compensation accordingly. The CRA may, at its option, substitute another contractor for Contractor in the event Contractor defaults on and breaches this Agreement. Nothing in this paragraph shall be construed as a limitation on any damages the CRA may incur or is entitled to as a result of Contractor's breach or default. If the CRA breaches the Agreement, the CRA shall have seven (7) days from the receipt of written notice of such breach to cure the breach. 13)Waiver. The CRA shall not be responsible for any property damages or personal injury sustained by the Contractor from any cause whatsoever related to the Contractor Services of this Agreement, whether such damage or injury occurs before, during, or after the performance of the Contractor Services. The Contractor hereby forever waives, discharges, and releases the CRA, its agents, and its employees, to the fullest extent the law allows, from any liability for any damage or injury sustained by the Contractor. 14)Indemnification. The Contractor shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct or the faulty equipment (including equipment installation and removal) of the Contractor. Nothing in this Agreement shall be deemed to affect the rights,privileges, and sovereign immunities of the CRA as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require Contractor to indemnify the CRA for its own negligence, or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 33 15)No Transfer. The Contractor shall not subcontract, assign, or otherwise transfer this Agreement to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without express, written, prior permission from the CRA. 16)Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 17)Insurance. The Contractor shall obtain all insurance required by the CRA and provide proof thereof at least 7 days prior to the performance of the Contractor Services, and include, along with an executed copy of this Agreement, a Certificate of Insurance ("COP'). Insurance requirements may be found in "Attachment C," which is hereby incorporated herein. The Insurance must remain in force for so long as is necessary to cover any occurrence relating to, resulting from, or arising out of the Contractor Services or this Agreement. The CRA is to be included as "Additional Insured" with respect to liability arising out of services performed by the Contractor by or on behalf of the CRA or acts or omission of the Contractor in connection with providing Contractor Services pursuant to this Agreement. The Certificate must include the following additional insured language: Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4th Floor Boynton Beach, Florida 33435 18)Tax Forms. The Contractor shall provide the CRA with completed W-9 forms in order receive Payment. The CRA shall provide the Contractor with an IRS Form 1099 where required under law. The Contractor further acknowledges that the CRA is neither paying Social Security benefits nor withholding taxes from the Contractor's compensation for the Contractor Services. The Contractor assumes all liability and responsibility for payment of the Contractor's (and the Contractor's individual members) own FICA and Social Security benefits and all taxes resulting from this Agreement. 19)No Discrimination. The Contractor shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, familial status, gender identity, gender expression, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 20)CRA to Own Materials. The Contractor agrees that the CRA shall be the owner of all materials and other documents created by the Contractor on behalf of the CRA as part of its performance of the Contractor Services. Any and all documents, videos, audio files, files, reports, programs, developments and innovations, whether written or electronic, which are developed, maintained, utilized or conceived by Contractor during the term of this Agreement and in the course of the performance of Contractor Services hereunder ("Contract Documents") shall be the exclusive property of the CRA and shall be submitted to the CRA along with the final invoice in a format acceptable to the CRA; and Contractor hereby assigns all right, title and interest in same Contract Documents to the CRA. 21)No Partnership, Etc. The Contractor agrees nothing contained in this Agreement shall be deemed or construed as creating a partnership,joint venture, or employee relationship. It is specifically understood that the Contractor is an (a) independent Contractor(s) and that no employer/employee or principal/agent is or shall be created nor shall exist by reason of this Agreement or the performance of Contractor Services; and that Contractor is an independent contractor and not an employee of the CRA for all purposes including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the 34 provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance Law. The Contractor will exercise its own judgment in matters of safety for itself and its employees and subcontractors. The Contractor attests that all personnel that will be performing the Contractor Services are covered under a current personal accident and/or personal health insurance policy. 22)No Infringement. The Contractor represents that in performing the Contractor Services under this Agreement, the Contractor will not infringe on the property right, copyright, patent right or any other right of anyone else; and if any suit is brought or a claim made by anyone that anything in conjunction with the ownership or the presentation of said Contractor or appearance as part of the Contractor Services is an infringement on the property right, copyright, patent right, or other rights, the Contractor will indemnify the CRA against any and all loss, damages, costs, attorney fees or other loss whatsoever. The Contractor shall not use the CRA's logos, or marks without the CRA's prior written approval. 23)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. 24)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. 25)Agreement Deemed to be Drafted Jointly. This Agreement shall be deemed to be drafted jointly and shall not be construed more or less favorably towards any of the parties by virtue of the fact that one party or its attorney drafted all or any part thereof. Any ambiguity found to exist shall be resolved by construing the terms of this Agreement fairly and reasonably in accordance with the purpose of this Agreement. 26)Governing Law, Jurisdiction, and Venue. The terms and provisions of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of law principles. Venue and jurisdiction shall be Palm Beach County, Florida, for all purposes, to which the parties expressly agree and submit. 27)Independent Advice. The parties declare that the terms of this Agreement have been read and are fully understood. The parties understand that this is a binding legal document, and each party is advised to seek independent legal advice in connection with the matters referenced herein. 28)Severability. If any part of this Agreement shall be declared unlawful or invalid, the remainder of the Agreement will continue to be binding upon the parties. To that end, this Agreement is declared severable. 29)Voluntary Waiver of Provisions. The CRA may, in its sole and absolute discretion, waive any requirement of the Contractor contained in this Agreement. No waiver by the CRA shall be deemed a continuing waiver unless expressly stated in writing, and no action or inaction by the CRA shall be deemed 35 a waiver. All waivers by the CRA must be expressly stated in writing. The Contractor may waive any requirements of the CRA contained in this Agreement. 30)Public Records. The CRA is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: a. Keep and maintain public records required by the CRA to perform the Contractor Services described in this Agreement. b. Upon request from the CRA's custodian of public records, provide the CRA with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the CRA. d. Upon completion of the contract, transfer, at no cost, to the CRA all public records in possession of the Contractor or keep and maintain public records required by the CRA to perform the service. If the Contractor transfers all public records to the CRA upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CRA, upon request from the CRA's custodian of public records, in a format that is compatible with the information technology systems of the CRA. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561)737-3256; 100 E. Ocean Avenue, 4t' Floor, Boynton Beach, Florida 33435; or SimonM(a�bbfl.us. The Contractor also understands that CRA may disclose any document in connection with performance of the Contractor Services or this Agreement, so long as the document is not exempt or confidential and exempt from public records requirements. 31)Agent. If this Agreement is signed by the Contractor's agent, the agent warrants that he/she is duly authorized to act on behalf of the Contractor, that he/she is authorized to enter into this Agreement, and that the agent and Contractor are jointly and severally liable for any breach of this Agreement. 32)Propriety. Contractor understands that it is creating material for a public agency that will be displayed to a public audience, and while performing the Contractor Services shall refrain from creating or delivering products that contain vulgar, obscene, profane, or otherwise objectionable imagery or language that, as determined in the sole discretion of the CRA, frustrates the intended use of the product. The CRA has sole and absolute discretion as to the content and propriety of the Contractor Services and may deem certain content inappropriate for the CRA's intended use. The Contractor shall have exclusive control of the Contractor Services provided by the Contractor, including the method, manner, and means of executing the Contractor Services. 36 33)Limitation of liability. To the extent permitted by law, the CRA's liability for all matters that occur as a result of, arise out of, or are otherwise related to this Agreement, including negligent, grossly negligent, or willful misconduct or omission, shall be limited to the amount of Compensation or the direct out-of-pocket damages actually incurred, whichever is less. 34)Funding. This Agreement is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein as determined in the sole discretion of the CRA. In the event funds to finance this Agreement become unavailable, the CRA may terminate this Agreement upon no less than twenty-four (24) hours' notice to Consultant. The CRA shall be the sole and final authority as to the availability of funds. The CRA shall pay Consultant for goods received or services rendered prior to the date of termination. 35)Force Majeure. Neither party shall be deemed to be in breach of this Agreement if either parry is prevented from performing any obligations required of it by reason of boycotts, shortages of materials, labor disputes, embargoes, acts of God, epidemic, pandemic, acts of public enemy, acts of superior governmental authority, floods, riots, foreign or civil wars, rebellion, terrorism, sabotage by third parties, or any other similar circumstances for which it is not reasonably responsible and which are not within its control. 36)Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, each party shall be responsible for its own attorneys' fees and costs. 37)Compliance with Laws. In the performance of the Contractor Services under this Agreement, the Contractor shall comply in all material respects with all applicable federal and state laws and regulations and all applicable Palm Beach County, City of Boynton Beach, and CRA ordinances and regulations, including ethics and procurement requirements. 38)E-Verify. Contractor warrants for itself and its subcontractors that Contractor and all subcontractors are in compliance with all federal immigration laws and regulations that relate to their employees. The Contractor agrees and acknowledges that the CRA is a public employer that is subject to the E-verify requirements as set forth in Section 448.095, Florida Statutes, and that the provisions of F.S. Sec. 448.095 apply to this Contract. Notwithstanding any other provisions in this Agreement, if the CRA has a good faith belief that Contractor has knowingly hired, recruited or referred an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States for employment under this contract, the CRA shall terminate the contract. If the CRA that has a good faith belief that a subcontractor knowingly hired, recruited or referred an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States for employment under this Contract, the CRA shall promptly notify Contractor and order Contractor to immediately terminate the contract with the subcontractor. Contractor shall be liable for any additional costs incurred by the CRA as a result of the termination of a contract based on Contractor's failure to comply with E-verify requirements referenced herein. 39)Non-Scrutinized Company. Contractor hereby certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a boycott of Israel. If the CRA determines that this certification is falsified or contains false statements, or that Contractor is placed Scrutinized Companies that Boycott Israel List or engages in a boycott of Israel after the execution of the Agreement, the CRA may terminate the Agreement. 40)Agreement Non-Exclusive. Contractor shall be free to contract for similar services to be performed for other entities or persons while under contract with the CRA. The provision of services provided for herein 37 is non-exclusive. The CRA in its sole and absolute discretion may retain additional entities or persons to perform the same or similar work 41)Electronic Signatures. The parties agree that the electronic signature of a parry to this Agreement shall be as valid as an original signature of such parry and shall be effective to bind such party to this Agreement. 42)Survival. The provisions of this Agreement regarding infringement, indemnity, waiver, insurance, agents, and cancellation shall survive the expiration or termination of this Agreement and remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year written below. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Date: Print Name: Steven B. Grant, Chair STATE OF COUNTY OF SWORN TO and subscribed before me this day of 2021, 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) Commission No.: My Commission Expires: By: Date: Print Name: STATE OF COUNTY OF SWORN TO and subscribed before me this day of 2021, 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 38 (Printed, Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: 39 EXHIBIT "A" SCOPE OF WORK 40 EXHIBIT `B" FEE SCHEDULE (INSERT CONSULTANT'S PROPOSAL) 41 EXHIBIT "C" INSURANCE REQUIREMENTS A. Worker's Compensation Insurance to apply to all of the Contractor's employees in compliance with the "Worker's Compensation Lave" of the State of Florida and all applicable Federal Laws. Employer's Liability with limits of$100,000 per person, $500,000 per occurrence and $100,000 per each disease. B. Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and $1,000,000 minimum Property Damage Liability. Additionally, coverage shall also include $1,000,000 aggregate on products and completed operations; $2,000,000 general aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 21 06, as Filed by the Insurance Services Office and must include: 1. Premises and/or Operations 2. Independent Contractors 3. Broad form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement. 4. Personal Injury Coverage with employee and contractual exclusions removed. C. Business Automobile Liability with minimum limits of three hundred thousand dollars ($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: 1. Owned Vehicles 2. Hired and Non-Owned Vehicles 3. Employers' Non-Ownership D. Professional Liability Insurance with minimum limits per occurrence applicable to CRA projects as follows: Contract Cost Range Limit 1. $0 - $99,000 $ 250,000 2. 100,000 -299,000 $ 500,000 3. 300,000 -499,000 $ 750,000 4. 500,000—Above $ 1,000,000 Coverage shall be afforded on a form acceptable to the CRA. Contractor shall insure that subcontractors used for any portion of the project,maintain adequate levels of Professional Liability Insurance. E. The BBCRA shall be named as an additional insured on the Contractor's policies and a waiver of subrogation shall be provided for all policies. 42 Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue,4t'Floor Boynton Beach, FL 33435 43 EXHIBIT "D" RENEWAL AGREEEMENT The Contractor Agreement dated (the "Agreement") is hereby renewed and amended through this Renewal Agreement made by and between ("Contractor") and the Boynton Beach Community Redevelopment Agency, located at 100 E. Ocean Avenue, 4th Floor, Boynton Beach, Florida 33435 (hereinafter the "CRA") (collectively the "parties"). WHEREAS,the parties previously entered into the Agreement; and WHEREAS, the CRA is in need of Contractor Services beyond the termination date of the original Agreement; and WHEREAS, the Agreement provides that the CRA may renew the Agreement to allow for a total period of three years; and WHEREAS, the parties desire to renew the Agreement under the same terms and conditions except as expressly altered herein; WHEREAS,this Renewal Agreement will continue to be in furtherance of the CRA Plan; NOW THEREFORE, in consideration of the mutual covenants and promises set forth herein, the sufficiency of which both parties acknowledge, the parties agree as follows: I. Incorporation. The recitals above and all other information above are hereby incorporated herein as if fully set forth. II. Renewal of the Agreement. The Agreement is hereby renewed for a period of year(s). The renewal is subject to the amendments to the Agreement contained in this Renewal Agreement. III. Alteration of Terms. The terms of the Agreement remain in full force and effect, except for those terms explicitly amended by this Renewal Agreement. Amendments to the Agreement are shown as follows: additions are shown in underlined format; deletions are shown in strikethrough format. Specifically, the paragraphs and subparagraphs from the Agreement identified below shall be amended as follows: a. Dates and Times Amended. The following dates and times in the Agreement are amended as follows: i. INSERT b. Other AMENDMENTS GO HERE. IV. Effective Date of Renewal Agreement. This Renewal Agreement will become effective at the date and time that the last party signs this Renewal Agreement with the services being renewed the day after the prior period's end date to ensure no lapse in the Contractor Services. The Agreement, as amended by and including this Renewal Agreement, will automatically terminate after the performance of the Contractor Services and payment by the CRA, or on , 202, whichever occurs last. IN WITNESS WHEREOF, the parties hereto have caused this Renewal Agreement to be executed on the day and year written below: 44 By: Date: Authorized Representative for Contractor Print Name: Witness Date: By: Date: Authorized Representative for CRA Print Name: Date: Witness 45 EXHIBIT "E" AMENDMENT TO CONTRACTOR SERVICES This Agreement to Amend the Contractor Agreement(hereinafter"Amendment")is made by and between (hereinafter "Contractor") and the Boynton Beach Community Redevelopment Agency, located at 100 E. Ocean Avenue, 4th Floor, Boynton Beach, Florida 33435 (hereinafter the "CRA") (collectively the"parties"). WHEREAS,the parties previously entered into the Contractor Agreement dated (hereinafter"Agreement"); and WHEREAS,the parties desire to amend the "Attachment A: Contractor Services" WHEREAS,the Agreement provides that the parties may amend"Attachment A: Contractor Services," NOW THEREFORE, in consideration of the mutual covenants and promises set forth herein, the sufficiency of which both parties acknowledge, the parties agree as follows: I. Incorporation. The recitals above and all other information above are hereby incorporated herein as if fully set forth. II. Amendment of Attachment A. The "Attachment A: Contractor Services" that was attached to the Agreement is hereby deleted in its entirety and replaced with the document attached hereto as "Revised Attachment A: Contractor Services." Commencing on the date this Amendment is executed by both parties, for all purposes related to the Agreement, the term "Contractor Services" shall refer to the obligations of Contractor as described in the attached "Revised Attachment A: Contractor Services." III. Amendment to Paragraph 6) Compensation. Paragraph 6) Compensation of the Agreement is hereby deleted in its entirety and replaced with the following: 6) Compensation. The CRA shall pay the Contractor an amount not to exceed $ (hereinafter, [TO BE INSERTED] (Payment of deposit, additional payment, and balance described above (including payment of any part thereof, such as for goods received or services rendered), are individually and collectively referred to in this Agreement as"Payment.") IV. No Other Alteration of Terms. Except for those terms explicitly amended by this Amendment, the terms of the Agreement remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Amendment to be executed on the day and year written below. By: Date: Authorized Representative for Contractor Print Name: Witness Date: 46 By: Date: Authorized Representative for CRA Print Name: Witness Date: 47 Y�p'y��JT I�f �54��4F tlElii��i V FL ISs RA ADDENDUM NO. 1 TO REQUEST FOR PROPOSALS (RFP) TO PROVIDE MARKETING, SOCIAL MEDIA, AND GRAPHIC DESIGN SERVICES ON AN ANNUAL BASIS FOR THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY June 21, 2021 TO ALL PROPOSERS AND OTHERS CONCERNED The Boynton Beach Community Redevelopment Agency ("CRA") has published a Request for Proposals (RFP), dated June 11, 2021, to provide marketing, social media, and graphic design services for the Boynton Beach Haunted Fest & Mermaid Splash event under an annual service contract with an option for up to three (3) one-year renewals. The intent of this Addendum is to address errors and clarify other aspects of the RFP. Applicants responding to the RFP shall take note of the following changes, additions, deletions, clarifications, etc., to the RFP which shall become a part of and have precedence over anything shown or described otherwise. Question 1: Whether companies from Outside USA can apply for this? (like, from India or Canada) Answer. The RFP is open to qualified individuals, partnerships, or companies or corporations authorized to do business in the State of Florida. Question 2: Whether we need to come over there for meetings? Answer. Yes, face-to-face meetings will be required for CRA Board and staff coordination meetings. Question 3: Can we perform tasks (related to RFP) outside of USA? Answer. Yes, the tasks required for this project could be performed outside of the USA. Question 4: Can we submit the proposal via email? Answer. No, proposals cannot be submitted via email. Sealed proposals will only be accepted at the BBCRA office located at 100 E. Ocean Avenue, Boynton Beach, FL 33435. Question 5: Do you have a budget for this program? Addendum No. 1 Answer. The BBCRA is currently in the budget planning process for FY 2021- 2022. A final budget for the Events Marketing has not yet been approved by the CRA Board. Question 6: Who is currently providing the graphic design, social media, website, marketing services, or public relations services to the CRA? Answer. Currently BBCRA staff is overseeing the graphic design, social media, website, marketing services, and public relations. Question 7: Is there an incumbent agency for this program? Answer. No, there is no incumbent agency. Question 8: Can you provide the names of any graphic design, social media, website, marketing and public relations firms who have provided services to the CRA in the past 3 years? Answers: The BBCRA had an annual contract with Delray's Finest Signs & Graphics, LLC from August 2018 until August 2020 for graphic design services, and currently has a limited contract with VUP Media, LLC for videography services and an annual contract with Granicus, LLC for website design and maintenance services for the www.boyntonbeachcra.comwebsite. Question 9: Is the intent for the firm awarded this project to host and update the website, or just provide content to your web designer? Answer. The select respondent will be responsible for the content and update of the www. tefest.c website as described in Paragraph 3.d of the RFP. Content produced for thewww.boyn n eachcracom website will be updated by BBCRA staff. END OF ADDENDUM No. 1 Addendum No. 1 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY CONTRACTOR AGREEMENT This Contractor Agreement (hereinafter "Agreement") is made by and between (hereinafter the "Contractor") and the Boynton Beach Community Redevelopment Agency, a municipal corporation located at 100 E. Ocean Avenue, 4th Floor, Boynton Beach, Florida 33435 (hereinafter the "CRA") (collectively the "parties"). In consideration of the mutual covenants and promises set forth herein, the sufficiency of which both parties acknowledge, the parties agree as follows: 1) Notice and Contact. Contact Person for the Contractor: Business Name: Address: Telephone Number: Email Address: Contact Person for CRA (hereinafter"Program Coordinator"): Name: Renee Roberts Address: 100 E. Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 Email Address: RobertsR(a�bbfl.us Telephone Number: (561) 327-6154 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 persons listed above as the respective places for giving of notice. 2) Description of Contractor Services: The Consultant will perform the graphic design services as described in the Scope of Work (attached hereto as Exhibit"A" and hereby incorporated herein), and Consultant's Proposed Fee Schedule (attached hereto as Exhibit"B" and hereby incorporated herein). The CRA may make additions, deletions, or other changes the Scope of Work at any time. Any additions to the Scope of Work will be consistent with the Request for Proposals (RFP) to Provide Marketing, Social Media, and Graphic Design Services for the Boynton Beach Community Redevelopment Agency (CRA) on an Annual Basis issued by the CRA in June, 2021 and Consultant's Proposed Fee Schedule (Exhibit "B"). The obligations of the Consultant described in this paragraph shall be referred to in this Agreement as the "Consultant Services." 1 In the event of a conflict between Consultant's Proposed Fee Schedule (Exhibit"B") and another term in this Agreement, the terms outside of Consultant's Proposed Fee Schedule shall control. 3) Effective Date; Termination; Approximate Length of Contractor Services. This Agreement will become effective at the date and time that the last party signs this Agreement("Effective Date"). Unless renewed pursuant to Paragraph 4 below,this Agreement will automatically terminate one year after the Effective Date, or after the performance of all the Contractor Services and final payment by the CRA, whichever occurs later. Nothing in this paragraph shall be construed so as to affect the CRA's right to cancel or postpone the Contractor Services pursuant to this Agreement. 4) Renewal. Prior to the termination of this Agreement, the CRA may, at its option, renew this Agreement for three(3)additional one-year terms under the same terms and conditions of the Agreement by providing written notice of renewal to Contractor. The renewed Agreement shall be effective with the mutual agreement of both parties. 5) Location. The location for the Contractor Services shall be described in paragraph 2), Description of the Contractor Services ("Location"). 6) Compensation. The CRA shall pay the Consultant for the performance of the Consultant Services in an amount not to exceed and 00/100 Dollars($ .00)for the Boynton Beach CRA creative marketing and business promotions campaign as described in the Scope of Work, attached hereto as Exhibit "A". Payment for each individual campaign shall not exceed the amount described for each individual task in Exhibit `B". Additional services as described in Sections V of the Scope of Work in Exhibit"A"shall be provided at a rate of and 00/100 Dollars (S .00)per hour. Consultant shall provide the CRA with a cost estimate for each additional service provided at the hourly rate. Written approval from the CRA shall be required prior to commencement of any additional services. The compensation described in this paragraph shall be referred to in this agreement as the "Compensation."In the event of additions,deletions,or other changes to the Scope of Work as described in Paragraph 2 of this Agreement,the amount of Compensation may be adjusted, but the hourly rate of and 00/100 Dollars (S.00) per hour shall not be adjusted without an amendment to this Agreement subject to CRA Board approval. 7) Form of Payment of Compensation. All payments of Compensation shall be made in the form of a CRA check made payable to: . The final payment shall be made within 30 days after submittal of an invoice for Contractor Services and all Contract Documents (as required under paragraph 19)CRA to Own Materials), in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by the Contractor, either wholly or in part, and no Payment shall be construed to be an acceptance of or to relieve the Contractor of liability for the faulty or incomplete rendition of the Contractor Services. 8) Equipment, Etc. All equipment, transportation, set-up, and break-down, and anything else. necessary to provide the Contractor Services shall be provided by and at the expense of the Contractor. The Contractor shall leave the location in such condition that it is immediately usable by the intended user and/or the public. The CRA shall not be responsible for any equipment or other property of the Contractor brought to or left on the property. 9) Personnel. Contractor represents that Contractor has, or will secure, all necessary personnel required to perform the Contractor Services under this Agreement. Such personnel shall not be employees of, or have any contractual relationship with, the CRA. All of the Contractor Services shall be performed by the Contractor, or under Contractor's supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, licensed or permitted under state and local law to perform such Contractor Services. 2 Contractor warrants that all Contractor Services shall be performed by skilled and competent personnel in accordance with all applicable federal, state, and local professional and technical standards. 10)Subcontractors. Future addition or replacement of Subcontractors may be allowed subject to approval of the Project Coordinator. The Contractor agrees that he is as fully responsible to the CRA for the acts and omission of his subcontractors and of persons either directly or indirectly employed by them, as he/she/it is for the acts and omissions of persons directly employed by them. Nothing contained in the Contract shall create any contractual relation between any subcontractor and the CRA. 11)Cancellation. The CRA reserves the right to cancel or postpone the performance of the Contractor Services or terminate this Agreement for any reason. The CRA shall not be liable to Contractor for payment for any Contractor Services not yet rendered, but shall be liable for payment of goods received and accepted by the CRA and Contractor Services rendered and accepted by the CRA prior to the date of notice of cancellation. 12)Default. The failure of the Contractor to comply with the provisions set forth in this Agreement shall constitute a default and breach of this Agreement. If the Contractor fails to cure the default within seven (7) days of notice from the CRA or prior to the next event for which Contractor Services are anticipated, whichever is sooner, the CRA may terminate this Agreement and refuse payment of compensation accordingly. The CRA may, at its option, substitute another contractor for Contractor in the event Contractor defaults on and breaches this Agreement. Nothing in this paragraph shall be construed as a limitation on any damages the CRA may incur or is entitled to as a result of Contractor's breach or default. If the CRA breaches the Agreement, the CRA shall have seven (7) days from the receipt of written notice of such breach to cure the breach. 13)Waiver. The CRA shall not be responsible for any property damages or personal injury sustained by the Contractor from any cause whatsoever related to the Contractor Services of this Agreement, whether such damage or injury occurs before, during, or after the performance of the Contractor Services. The Contractor hereby forever waives, discharges, and releases the CRA, its agents, and its employees, to the fullest extent the law allows, from any liability for any damage or injury sustained by the Contractor. 14)Indemnification. The Contractor shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct or the faulty equipment (including equipment installation and removal) of the Contractor. Nothing in this Agreement shall be deemed to affect the rights,privileges, and sovereign immunities of the CRA as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require Contractor to indemnify the CRA for its own negligence, or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 15)No Transfer. The Contractor shall not subcontract, assign, or otherwise transfer this Agreement to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without express, written, prior permission from the CRA. 16)Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 17)Insurance. The Contractor shall obtain all insurance required by the CRA and provide proof thereof at least 7 days prior to the performance of the Contractor Services, and include, along with an executed copy of this 3 Agreement, a Certificate of Insurance ("COP'). Insurance requirements may be found in "Exhibit C," which is hereby incorporated herein. The Insurance must remain in force for so long as is necessary to cover any occurrence relating to, resulting from, or arising out of the Contractor Services or this Agreement. The CRA is to be included as "Additional Insured" with respect to liability arising out of services performed by the Contractor by or on behalf of the CRA or acts or omission of the Contractor in connection with providing Contractor Services pursuant to this Agreement. The Certificate must include the following additional insured language: Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4th Floor Boynton Beach, Florida 33435 18)Tax Forms. The Contractor shall provide the CRA with completed W-9 forms in order receive Payment. The CRA shall provide the Contractor with an IRS Form 1099 where required under law. The Contractor further acknowledges that the CRA is neither paying Social Security benefits nor withholding taxes from the Contractor's compensation for the Contractor Services. The Contractor assumes all liability and responsibility for payment of the Contractor's (and the Contractor's individual members) own FICA and Social Security benefits and all taxes resulting from this Agreement. 19)No Discrimination. The Contractor shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, familial status, gender identity, gender expression, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 20)CRA to Own Materials. The Contractor agrees that the CRA shall be the owner of all materials and other documents created by the Contractor on behalf of the CRA as part of its performance of the Contractor Services. Any and all documents,videos, audio files, files,reports,programs, developments and innovations, whether written or electronic, which are developed, maintained, utilized or conceived by Contractor during the term of this Agreement and in the course of the performance of Contractor Services hereunder("Contract Documents") shall be the exclusive property of the CRA and shall be submitted to the CRA along with the final invoice in a format acceptable to the CRA; and Contractor hereby assigns all right, title and interest in same Contract Documents to the CRA. 21)No Partnership, Etc. The Contractor agrees nothing contained in this Agreement shall be deemed or construed as creating a partnership,joint venture, or employee relationship. It is specifically understood that the Contractor is an (a) independent Contractor(s) and that no employer/employee or principal/agent is or shall be created nor shall exist by reason of this Agreement or the performance of Contractor Services; and that Contractor is an independent contractor and not an employee of the CRA for all purposes including but not limited to,the application of the Fair Labor Standards Act minimum wage and overtime payments,Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance Law. The Contractor will exercise its own judgment in matters of safety for itself and its employees and subcontractors. The Contractor attests that all personnel that will be performing the Contractor Services are covered under a current personal accident and/or personal health insurance policy. 22)No Infringement. The Contractor represents that in performing the Contractor Services under this Agreement, the Contractor will not infringe on the property right, copyright,patent right or any other right of anyone else; and if any suit is brought or a claim made by anyone that anything in conjunction with the ownership or the presentation of said Contractor or appearance as part of the Contractor Services is an infringement on the property right, copyright, patent right, or other rights, the Contractor will indemnify the 4 CRA against any and all loss, damages, costs, attorney fees or other loss whatsoever. The Contractor shall not use the CRA's logos, or marks without the CRA's prior written approval. 23)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. 24)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. 25)Agreement Deemed to be Drafted Jointly. This Agreement shall be deemed to be drafted jointly and shall not be construed more or less favorably towards any of the parties by virtue of the fact that one party or its attorney drafted all or any part thereof. Any ambiguity found to exist shall be resolved by construing the terms of this Agreement fairly and reasonably in accordance with the purpose of this Agreement. 26)Governing Law, Jurisdiction, and Venue. The terms and provisions of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of law principles. Venue and jurisdiction shall be Palm Beach County, Florida, for all purposes, to which the parties expressly agree and submit. 27)Independent Advice. The parties declare that the terms of this Agreement have been read and are fully understood. The parties understand that this is a binding legal document, and each party is advised to seek independent legal advice in connection with the matters referenced herein. 28)Severability. If any part of this Agreement shall be declared unlawful or invalid, the remainder of the Agreement will continue to be binding upon the parties. To that end, this Agreement is declared severable. 29)Voluntary Waiver of Provisions. The CRA may, in its sole and absolute discretion,waive any requirement of the Contractor contained in this Agreement. No waiver by the CRA shall be deemed a continuing waiver unless expressly stated in writing, and no action or inaction by the CRA shall be deemed a waiver. All waivers by the CRA must be expressly stated in writing. The Contractor may waive any requirements of the CRA contained in this Agreement. 30)Public Records. The CRA is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: a. Keep and maintain public records required by the CRA to perform the Contractor Services described in this Agreement. b. Upon request from the CRA's custodian of public records, provide the CRA with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the 5 contract term and following completion of the contract if the contractor does not transfer the records to the CRA. d. Upon completion of the contract, transfer, at no cost, to the CRA all public records in possession of the Contractor or keep and maintain public records required by the CRA to perform the service. If the Contractor transfers all public records to the CRA upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract,the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CRA, upon request from the CRA's custodian of public records, in a format that is compatible with the information technology systems of the CRA. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561)737-3256; 100 E. Ocean Avenue, 4t' Floor, Boynton Beach, Florida 33435; or ShuttT(kbbfl.us. The Contractor also understands that CRA may disclose any document in connection with performance of the Contractor Services or this Agreement, so long as the document is not exempt or confidential and exempt from public records requirements. 31)Agent. If this Agreement is signed by the Contractor's agent,the agent warrants that he/she is duly authorized to act on behalf of the Contractor, that he/she is authorized to enter into this Agreement, and that the agent and Contractor are jointly and severally liable for any breach of this Agreement. 32)Propriety. Contractor understands that it is creating material for a public agency that will be displayed to a public audience, and while performing the Contractor Services shall refrain from creating or delivering products that contain vulgar, obscene, profane, or otherwise objectionable imagery or language that, as determined in the sole discretion of the CRA, frustrates the intended use of the product. The CRA has sole and absolute discretion as to the content and propriety of the Contractor Services and may deem certain content inappropriate for the CRA's intended use. The Contractor shall have exclusive control of the Contractor Services provided by the Contractor, including the method, manner, and means of executing the Contractor Services. 33)Limitation of liability. To the extent permitted by law, the CRA's liability for all matters that occur as a result of, arise out of, or are otherwise related to this Agreement, including negligent, grossly negligent, or willful misconduct or omission, shall be limited to the amount of Compensation or the direct out-of-pocket damages actually incurred, whichever is less. 34)Funding. This Agreement is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein as determined in the sole discretion of the CRA. In the event funds to finance this Agreement become unavailable, the CRA may terminate this Agreement upon no less than twenty-four (24) hours' notice to Consultant. The CRA shall be the sole and final authority as to the availability of funds. The CRA shall pay Consultant for goods received or services rendered prior to the date of termination. 35)Force Majeure. Neither party shall be deemed to be in breach of this Agreement if either party is prevented from performing any obligations required of it by reason of boycotts, shortages of materials, labor disputes, embargoes, acts of God, epidemic, pandemic, acts of public enemy, acts of superior governmental authority, 6 floods, riots, foreign or civil wars, rebellion, terrorism, sabotage by third parties, or any other similar circumstances for which it is not reasonably responsible and which are not within its control. 36)Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, each party shall be responsible for its own attorneys' fees and costs. 37)Compliance with Laws. In the performance of the Contractor Services under this Agreement,the Contractor shall comply in all material respects with all applicable federal and state laws and regulations and all applicable Palm Beach County,City of Boynton Beach, and CRA ordinances and regulations,including ethics and procurement requirements. 38)E-Verify. Contractor warrants for itself and its subcontractors that Contractor and all subcontractors are in compliance with all federal immigration laws and regulations that relate to their employees. The Contractor agrees and acknowledges that the CRA is a public employer that is subject to the E-verify requirements as set forth in Section 448.095, Florida Statutes, and that the provisions of F.S. Sec. 448.095 apply to this Contract. Notwithstanding any other provisions in this Agreement, if the CRA has a good faith belief that Contractor has knowingly hired, recruited or referred an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States for employment under this contract, the CRA shall terminate the contract. If the CRA that has a good faith belief that a subcontractor knowingly hired, recruited or referred an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States for employment under this Contract, the CRA shall promptly notify Contractor and order Contractor to immediately terminate the contract with the subcontractor. Contractor shall be liable for any additional costs incurred by the CRA as a result of the termination of a contract based on Contractor's failure to comply with E-verify requirements referenced herein. 39)Non-Scrutinized Company. Contractor hereby certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a boycott of Israel. If the CRA determines that this certification is falsified or contains false statements, or that Contractor is placed Scrutinized Companies that Boycott Israel List or engages in a boycott of Israel after the execution of the Agreement, the CRA may terminate the Agreement. 40)Agreement Non-Exclusive. Contractor shall be free to contract for similar services to be performed for other entities or persons while under contract with the CRA. The provision of services provided for herein is non- exclusive. The CRA in its sole and absolute discretion may retain additional entities or persons to perform the same or similar work 41)Electronic Signatures. The parties agree that the electronic signature of a party to this Agreement shall be as valid as an original signature of such party and shall be effective to bind such parry to this Agreement. 42)Survival. The provisions of this Agreement regarding infringement, indemnity, waiver, insurance, agents, and cancellation shall survive the expiration or termination of this Agreement and remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year written below. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Date: Print Name: Steven B. Grant, Chair 7 STATE OF COUNTY OF SWORN TO and subscribed before me this day of 2021, 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) Commission No.: My Commission Expires: By: Date: Print Name: STATE OF COUNTY OF SWORN TO and subscribed before me this day of 2021, 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) Commission No.: My Commission Expires: 8 EXHIBIT "A" SCOPE OF WORK I. Boynton Beach Haunted Pirate Fest & Mermaid Splash Printed Graphics: Contractor will: • Design three 1-95 electronic billboards 14'x48' • Design utility bill insert 8.5" x 11" • Design promotional collateral — 6"x9" postcards & 12.5"x18.5" posters • Design street signs —4'x8' and 4'x4' • Design a full-page ad 10"x 13" for the Delray Newspaper • Design 8.5" X 11" Every Door Direct Mailer • Design a full-page ad 7.25" x 9.5" for the Neighborhood News • Design the Pirate Fest event map with the schedules of the performances • Design two 36"x20" Pirates Fest banners • Design two 4'x4' sponsorship event signs • Design a quarter page ad 7.96" x 5" for the Coastal Star • Design 8.5" X 14" Treasure Hunt brochure • Design 8"x24" booth signage for businesses and sponsors • Design two full page ads 10"x10.5" for the Gateway Gazette • Design t-shirts for the event - One Pirates t-shirt and one mermaids tank top • Design one full page ad 9" x 11.5" for the Atlantic Current magazine • Design a quarter page ad 3.7625"x 5.0125" for the Coastal Angler • Design a bus wrap for the Recreation & Parks school bus 86"X 42.5" broken up in two parts 35.75" x 21.75" and 35.75" x 14.75" • Design one 12.5" x 18.5" poster to promote the Pirate's Rebellion beer • Design 8.5" X 11" multi-page sponsorship brochure (maximum ten pages) • Design 8.5" X 11" multi-page community partnership packet (maximum ten pages) • Design wayfinding event signage for up to twelve stages and activity areas. • Design additional custom printed content to be used within event site to promote event, entertainment, vendors, BBCRA area businesses, activities, and community partners • Design branded logo to match yearly theme of event (approximate size of 1800 pixels x 1600 pixels) II. Boynton Beach Haunted Pirate Fest & Mermaid Splash Social Media Creative and Management: Social Media Account The BBCRA uses social media to inform the local and regional community of the upcoming Boynton Beach Haunted Pirate Fest & Mermaid Splash; to increase awareness of participating local businesses, to engage stakeholders in various aspects of the event, and to encourage an ongoing dialogue about the event. The BBCRA currently maintains a total of two (2) accounts on two (2) social networks. Contractor will create minimum of three (3) weekly social media posts for each account comprised of a variety of creative mediums, such as video, photo sharing, contests, business promotion, custom graphics, etc. shall be provided for this task. Check the following social media accounts for examples of desired content: Facebook - @BBPirateFest @BoyntonBeachCRA Instagram - @BBPirateFest @BoyntonBeachCRA 9 • Contractor will create branded social media graphics to be given to up to 30 participating BBCRA area businesses to assist with cross promotion of the event. III. Boynton Beach Haunted Pirate Fest & Mermaid Splash & Boynton Beach CRA Website Updates Websites: www.bbpiratefest.com and www.boyntonbeachcra.com Contractor will assist with adding updates related to participating businesses, entertainment, vendors, activities, sponsors, photos, etc. to the Boynton Beach CRA and Boynton Beach Pirate Fest & Mermaid Splash websites once a week or as needed. IV. Creative and Copywriting for BBCRA newsletter, blogs, websites, radio ads, video scripts, and press releases Email Newsletters The BBCRA created an electronic newsletter as a way to bring awareness to the activities and important information regarding the BBCRA to its stakeholders. The newsletter is emailed to the BBCRA's iContact list of 2,613 subscribers on a quarterly basis, is posted on the agency's website, BBCRA managed blog — Boynton Beach Insider, and is shared through a link on the BBCRA social media sites. Contractor will assist with creating a graphic and content to be included in one (1) issue of the Redevelopment Works newsletter. Email Blasts The BBCRA utilizes its iContact account to send out periodic email blasts to promote business promotional events and other promotional offers available through the agency. Contractor will assist with creating two (2) custom templates to promote various aspects of the event. Blog The BBCRA utilizes the Boynton Beach Insider blog to share information about local businesses, agency initiatives, and event details. Contractor will assist with writing content for a minimum of one (1) blog to promote the various aspects of the event in a unique and engaging manner. • Create blog content to promote the various aspects of the event • Create two (2) scripts to be used as content for a 30 second radio ad to promote the event • Assist with creating scripts and creative content for up to four (4) Pirate Television (PTV) segments that are up to four minutes long. • Assist with drafting content for a minimum of two (2) press releases and a minimum of one (1) blog. V. Additional Services (Hourly Rate) In addition to the above functions and services, the BBCRA may have a need for specialized marketing or promotional services, including photography, videography, printing, and website design and maintenance services. As it is not anticipated that the BBCRA will need these services on an ongoing or otherwise predictable basis, respondents are not required to submit a proposal for the services listed in this section. However, if a respondent can directly provide or assist in procuring these services through outside vendors or subconsultants, that should be indicated in the submittal along with an hourly rate. 10 EXHIBIT `B" FEE SCHEDULE (INSERT CONSULTANT'S PROPOSAL) ATTACHMENT "B" Proposed Fee Schedule DESCRIPTION OF SERVICES AMOUNT ($) Boynton Beach Haunted Pirate Fest & Mermaid Splash Services (Flat Fee) 1 Boynton Beach Haunted Pirate Fest & Mermaid Splash Graphic Design (Attachment A, Section 1) 2 Boynton Beach Haunted Pirate Fest & Mermaid Splash Social Media Management (Attachment A, Section 11) 3 Boynton Beach Haunted Pirate Fest & Mermaid Splash & Boynton Beach CRA Website Updates (Attachment A, Section 111) 4 Creative and Copywriting for BBCRA newsletter, blogs,websites, radio ads, video scripts, and press releases (Attachment A, Section IV) Total (Sum of Items 1-4 above) Additional As Needed Services (Hourly) (Attachment A, Section V) $ per hour Respondent's Signature Print Name Title Date 11 EXHIBIT "C" INSURANCE REQUIREMENTS A. Worker's Compensation Insurance to apply to all of the Contractor's employees in compliance with the "Worker's Compensation Lave" of the State of Florida and all applicable Federal Laws. Employer's Liability with limits of$100,000 per person, $500,000 per occurrence and $100,000 per each disease. B. Comprehensive General Liability with minimum limits of one million dollars($1,000,000.00)per occurrence combined single limit for Bodily Injury Liability and $1,000,000 minimum Property Damage Liability. Additionally, coverage shall also include $1,000,000 aggregate on products and completed operations; $2,000,000 general aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 21 06, as Filed by the Insurance Services Office and must include: 1. Premises and/or Operations 2. Independent Contractors 3. Broad form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement. 4. Personal Injury Coverage with employee and contractual exclusions removed. C. Business Automobile Liability with minimum limits of three hundred thousand dollars ($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: 1. Owned Vehicles 2. Hired and Non-Owned Vehicles 3. Employers' Non-Ownership D. Professional Liability Insurance with minimum limits per occurrence applicable to CRA projects as follows: Contract Cost Range Limit 1. $0 - $99,000 $ 250,000 2. 100,000 -299,000 $ 500,000 3. 300,000 -499,000 $ 750,000 4. 500,000—Above $ 1,000,000 Coverage shall be afforded on a form acceptable to the CRA. Contractor shall insure that subcontractors used for any portion of the project, maintain adequate levels of Professional Liability Insurance. E. The BBCRA shall be named as an additional insured on the Contractor's policies and a waiver of subrogation shall be provided for all policies, except for Worker's Compensation. Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4t'Floor, Boynton Beach, FL 33435 12 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: July 13, 2021 NEW BUSINESS AGENDAITEM: 17.E. SUBJECT: Approval of the FY 2021 -2023 Boynton Harbor Marina Dockage Lease Agreement and Fees SUMMARY: The CRA's Boynton Harbor Marina dockage lease agreement and slip lease rate is approved by the CRA Board every two years. The CRA Board last approved the slip dockage lease agreement and slip lease rates on August 13, 2019. CRA and legal staff has updated these documents for FY 2021-2023 (see Attachments I - 111): Regarding the lease rate, the following is a breakdown of the CRA Board approved slip lease rates since 2012: • 2019-2021 $19 per linear foot • 2017-2019 $19 per linear foot • 2016-2017 $18 per linear foot • 2012-2016 $16 per linear foot In 2019 the CRA Board voted that the $19 per linear foot rental would remain in effect for the 2019- 2021 term and adjusted the fuel discount rates as follows: • Gas cash discount from 20 cents down to 15 cents per gallon • Gas credit card discount would remain the same at 10 cents per gallon • Diesel cash discount from 30 cents down to 20 cents per gallon • Diesel credit card discount from 20 cents down to 15 cents per gallon The CRA Board also increased the transient/travelling vessel dockage rental fee from $2.00 to $2.50 per linear foot. Transient slip revenue increased approximately $10,000 from FY2017-2019 to FY2019-2021 even though the transient slips were closed from April to July, 2020 for COVID (Attachment IV). Slip rate data from comparable municipal marinas has been collected and provided for the Board's review (see Attachment V). The most comparable marinas (Riviera Beach & Lake Park Marinas) have an average annual slip rate of$23.50 per linear foot. CRA staff and the Marina Manager recommend the Board consider a $0.50 increase in year 2021-2022 and an additional $0.50 increase in year 2022-2023 and no change in the transient/travelling slip rental fee or fuel discounts. CRA staff is also recommending that the CRA perform credit reports on all prospective slip tenants. This will aid in qualifying financially stable tenants. The CRA Board can determine how to rank tenants based on their credit scores. For example, tenants with a credit score of 601 or higher would be required to provide one month's rent as their security deposit; tenants with a credit score below 601 would be required to provide two month's rent as their security deposit; anyone with a credit score below 300 would not be eligible to lease a slip. Below is Experian's, the credit agency the CRA currently uses for grant applicants, credit score rankings: • 781-850 - Super Prime Score • 661-780 - Prime Score • 601-660 - Near Prime • 500-600 - Subprime • 300-499 - Deep Subprime There is a $100 fee to run the credit report. The CRA Board may elect to pay for the credit report or pass the fee on to the tenant. FISCAL IMPACT: Project Fund Line Item 01-51630 - FY 2021-2023 to be determined by CRA Board FY 2020-2021 $19 per linear foot (rent collected October 2020 to date is $74,222) FY 2019-2020 $19 per linear foot (total annual rent collected from October 2019-April 2020 is $67,332; Rent was waived due to COVI D May-September 2020 (loss of $32,668) CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan-Downtown District CRA BOARD OPTIONS: 1. Approve the FY 2021-2023 Boynton Harbor Marina Dockage Lease Agreement to include a slip lease rate increase of $0.50 per linear foot per month for FY 2021-2022 and an additional slip lease rate increase of $0.50 per linear foot per month for FY 2022-2023; the transient dockage rental fee rate to remain the same price at $2.50 per linear foot; CRA staff to perform credit reports on prospective tenants at a fee of $100; and, the fuel discounts to remain as indicated below: o Gas cash discount at 15 cents per gallon • Gas credit card discount 10 cents per gallon o Diesel cash discount at 20 cents per gallon o Diesel credit card discount at 15 cents per gallon 2. Approve an alternate motion based on CRA Board discussion. ATTACHMENTS: Description D Attachment I - Dock Lease Agreement& Rules and Regulations D Attachment II - Dock Lease Agreement for Multiple Vessels & Rules and Regulations D Attachment III -Safety Accessory Addendum D Attachment IV -Transient Slip Revenue D Attachment V - Municipal Marina Slip Rate Analysis alt Boynton arbor Marina ® IIIIIIIII 91111W ILII IIII�III � !tl BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY `BOYNTON HARBOR MARINA" DOCKAGE LEASE AGREEMENT FY 2021 - 2023 This Lease Agreement ("Lease") is entered into between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("LESSOR") and the undersigned boat and/or owner, ("LESSEE"). hereinafter referred to as "Dockmaster" performs any and all duties of marina management on behalf of the LESSOR. (Print all information. All blank spaces must be completed.) LESSEE'S Name BUSINESS NAME LESSEE'S Address City State Zip Phone No. Alternate Phone No. Vessel Registration No. Vessel Name: (hereinafter"Vessel"). Make Year O.A. Length Beam Draft *The length of any vessel shall be measured from the end of pulpit to the end of the dive platform. Tenant vessels shall be measured twice annually. Power Sail Electricity: 110 220 Slip No. Lease Rate: $ per foot from October 1, 2021 until September 30, 2023 1. Term. The term of this Dockage Lease shall be from until September 30, 2023. There is no option to renew and any additional term of lease shall be evidenced by a new Lease. 2. Rent. The rental shall be the sum of per month based on the lease rate of dollars ($ ) per vessel linear 00864161-1 Page 1 of 15 foot plus 7% sales tax in the amount of$ , for a total of$ per month from the time period of October 1, 2021 through September 30, 2023. Rent for the first month shall be prorated if Lease is executed after the 1st of the month. Each subsequent rent payment shall be due on the first day of the month and past due on the tenth day of the month. Timely payment of rent is a material provision of this Lease and the late payment of rent constitutes grounds for termination of this Lease by LESSOR regardless of whether delinquent rent is accepted. LESSEE understands that LESSOR may accept late payment of rent without waiving LESSOR's right to declare a breach of Lease and terminate this Lease. 3. Security Deposit. At the time of execution of this Lease, LESSEE shall pay LESSOR an amount equal to one month's rent, as specified in Paragraph 2 of this Lease. This payment(the"Security Deposit") shall be made by cash, cashier's check, or money order. The Security Deposit may not be paid by personal check. The Security Deposit is separate from payment of rent and utilities, and LESSEE may not use the Security Deposit to pay the last month's, or any month's, rent or other charges in arrears. LESSOR is not obligated to apply the Security Deposit on rents or other charges in arrears, or on other damage caused by LESSEE's failure to perform under this Lease, but LESSOR may choose to do so at LESSOR's option. If LESSOR repossesses the slip because of LESSEE's default or breach, LESSOR may, but is not required to, apply the deposit on all damages suffered as a result of the default or breach, regardless of whether the damages occurred before, during, or after repossession. Upon expiration or termination of this Lease, LESSOR shall inspect the slip and related facilities for any damage caused by LESSEE or LESSEE's use of the slip. If there is damage beyond normal wear and tear, LESSOR shall subtract the amount necessary to repair the damage from the Security Deposit and return the remainder of the Security Deposit to LESSEE within fourteen (14) days after LESSEE has vacated the slip. LESSOR shall not subtract any amount from the Security Deposit for normal wear and tear. LESSOR shall have sole discretion as to what constitutes normal wear and tear. Any interest generated on the Security Deposit shall accrue to LESSOR. LESSOR shall not be obligated to keep the Security Deposit as a separate fund, but may mix it with LESSOR's own funds. 4. Credit Report Authorization. By signing this Lease, LESSEE hereby authorizes the Boynton Beach Community Development Agency and/or its agent to obtain a copy of his/her credit report and/or scores for the purposes of assessing LESSEE's current or ongoing eligibility for tenancy. LESSEE's credit score will be considered when making final application approval decisions and LESSEE may be required to post an additional security deposit as part of his/her approval. The consents provided are effective as of the date of this Lease and will be valid for as long as required to fulfill the purposes described herein. 5. Utilities. LESSOR agrees to provide electricity and water hookups at each slip. Any equipment/connecting devices necessary to provide the connection from the dock to the Vessel shall be the responsibility of the LESSEE but the type and manner of connection are subject to approval by the LESSOR. LESSEE is responsible for the payment of their monthly electrical and water (individually or collectively, "utility") usage. The billing rate for utility consumption by the LESSEE shall be based on usage to the slip as 00864161-1 Page 2 of 15 determined by LESSOR and will be calculated based on the prevailing rate charged to the LESSOR by the utility provider. A utility statement will be hand delivered or mailed to the LESSEE on the 1st of each month and shall reflect the amount of utility usage for the previous month. Utility payments shall be considered additional rent under this Lease. LESSEE's utility payments shall be due to LESSOR no later than the tenth day of the following month. 6. Late Payment. There shall be a late payment fee in an amount equal to 25% of the amount due each month on all rent or utility payments received after the past due date. There shall be an additional one hundred dollar ($100.00) late fee when the delinquent rent payment is not made in full, including the initial late fees, by the fifteenth day of the subsequent month. Each month for which LESSEE fails to pay all or a portion of rent or utility payments owed shall constitute a separate violation of this Lease and shall incur a separate late fee. Interest shall accrue on any unpaid amounts owed under this lease at the rate of 1.5%per month. 7. Lien. LESSOR shall have a lien against the Vessel, its appurtenances, and its contents for unpaid sums due for rent, use of dock facilities, utility usage, other services, or for damage to any docks or property of LESSOR or any other person at the docks caused or contributed to by the Vessel, LESSEE or any individual the LESSEE allows to use the Vessel. The lien shall be in addition to all other remedies available at law or in equity. 8. Only for Approved Vessel. This Lease is valid only for the Vessel and LESSEE, and is not transferable to another vessel or lessee without the written authorization and approval of the LESSOR. This Lease does not allow for the sub-leasing of the slip by the LESSEE under any circumstances. This Lease grants the LESSEE a revocable license to use the subject dock space and does not create any interest for LESSEE in the underlying bottom lands or real property connected with the LESSOR. 9. Absences from Slip. LESSEE is required to notify the Dockmaster in writing if the Vessel will be absent from the above referenced slip for longer than a thirty (30) day period. Slips left empty for longer than thirty (30) consecutive days, or for twenty (20) days in a forty five (45) day period, without written notification to the LESSOR shall be considered vacated by the LESSEE and the lease will be terminated. 10. Termination for Cause. This Lease shall be in effect until the end of the term unless sooner terminated by reason of one or more of the following conditions or events: a. By destruction of the dockage facilities by storm, Act of God, or other calamity. b. In the event LESSEE makes a bona fide sale of the boat or obtains a boat larger than can be safely berthed at the subject dockage. C. LESSEE terminates this Lease by providing thirty (30) day written notice to the LESSOR. LESSEE may terminate this Lease pursuant to this subsection only if all rents and fees are current and paid in full. d. By breach or default as provided below. 00864161-1 Page 3 of 15 e. Late payment of rent, including items deemed "additional rent," or penalty charges. f. Failure to maintain and provide proof to LESSOR of insurance coverage as required in paragraph 19 below. g. Other reason as provided for in this Lease. All termination proceedings shall be conducted in accordance with Florida law. 11. Additional Procedures for Termination for Late Payment of Rent. If LESSOR terminates this Lease pursuant to Section 9.e. of this Lease, LESSEE shall immediately vacate the dock space leased hereunder upon three days notice by LESSOR. Notice shall be considered given upon any of the following: (a) Mailing notice to LESSEE at the address provided above; or (b) Posting notice upon the Vessel. Should LESSEE fail to vacate within the three days set forth herein, the Parties agree that LESSOR shall be entitled to an immediate judgment for eviction and possession of the subject dock space, upon filing of a verified complaint for eviction/possession with the Palm Beach County Court, in and for the Fifteenth Judicial Circuit. The Parties expressly agree that said action for eviction/possession shall proceed under Summary Procedure pursuant to Section 51.011, Fla. Stat. 12. Compliance with Rules and Regulations. LESSEE agrees to comply with all posted Rules and Regulations along with those attached hereto as "Exhibit A," as amended from time to time in the LESSOR's sole discretion, as fully as though they were set forth herein, and should breach of this Lease or violation of the Rules and Regulations Governing Dockage set forth and attached hereto occur, LESSOR may immediately terminate this Lease. LESSEE shall be notified of such termination and required to immediately remove the Vessel at LESSEE's expense. LESSOR may take all legal steps to remove the Vessel and other property upon termination of the Lease. If LESSOR determines, in its sole and absolute discretion, that the violation of the Rules and Regulations constitutes a danger to the health, safety, and welfare of LESSEE, other persons or property, or LESSOR or LESSOR's property, LESSOR may immediately take any steps it deems necessary to mitigate or alleviate such danger. 13. Required Trip Log Submittal. LESSEE will submit a completed copy of the appropriate log attached hereto as "Exhibit B" in accordance with the schedule below: • First Submittal shall be no later than January 5, 2022 for all trips that occurred October 1 to December 31, 2021 • Second Submittal shall be no later than April 5, 2022 for all trips that occurred January 1 to March 31, 2022 • Third Submittal shall be no later than July 5, 2022 for all trips that occurred April 1 to June 31, 2022 • Fourth Submittal shall be no later than October 5, 2022 for all trips that occurred July 1 to September 30, 2022. • Fifth Submittal shall be no later than January 5, 2023 for all trips that occurred October 1 to December 31, 2022 • Sixth Submittal shall be no later than April 5, 2023 for all trips that occurred January 1 to March 31, 2023 00864161-1 Page 4 of 15 • Seventh Submittal shall be no later than July 5, 2023 for all trips that occurred April 1 to June 31, 2023. • Eighth Submittal shall be no later than October 5, 2023 for all trips that occurred July 1 to September 30, 2023. Failure to comply with this section shall be a default and breach of this Lease. If LESSEE fails to submit the trip log, LESSOR may, in addition to the other remedies provided for in this Lease, elect to discontinue LESSEE's fuel discount and exclude LESSEE from LESSOR's marketing collateral. 14. Voluntary Waiver. LESSOR may, in its sole and absolute discretion, waive any requirement of this Lease. Waiver of any conditions by LESSOR shall not be deemed to be a continuing waiver and shall not be considered a waiver of any other provision or condition of this Lease. 15. Weather. Weather conditions: In the event weather or tidal conditions exist during the term of this Lease that would either place the LESSEE's Vessel in danger of incurring damage to itself or LESSEE's Vessel causing damage to the LESSOR's property or other vessels within the dockage facilities, it shall be the LESSEE's responsibility to remove the Vessel from the LESSOR's property and dockage facility. Any damage caused by LESSEE's Vessel to the LESSOR's property, dockage facilities, LESSEE's Vessel or other vessels within the LESSOR's property and dockage facilities shall be the sole responsibility of the LESSEE. The LESSEE, by executing this Lease, expressly agrees that he/she shall be solely responsible for ascertaining when such threatening weather conditions may occur in order to allow adequate time for the LESSEE to remove the Vessel from the LESSOR's property and dockage facility as required above. The LESSEE expressly acknowledges that the LESSOR does not assume any obligation to contact the LESSEE with respect to impending weather conditions. NOTICE TO VESSEL OWNER The undersigned LESSOR hereby informs you that in the event you fail to remove your vessel from the marina promptly (within 24 hours) after the issuance of a tropical storm or hurricane watch for Palm Beach County or Boynton Beach, Florida, under Florida law, the undersigned or his or her employees or agents are authorized to remove your vessel, if reasonable, from its slip or take any and all other reasonable actions deemed appropriate by the undersigned or his or her employees or agents in order to better secure your vessel and to protect marina property, private property, and the environment. You are further notified that you may be charged a reasonable fee for any such action. Notwithstanding the foregoing, LESSEE shall be responsible for all damage caused by the Vessel to the LESSOR's dockage facilities or other vessels regardless of ownership. The LESSOR expressly reserves the right, but not the responsibility, to establish minimum requirements for the kinds of cleats, ropes, fenders and other measures that must be used on vessels as a condition of the use of the dockage facilities. In the event the LESSOR establishes such minimum measures, it shall be the LESSEE's obligation and liability to assure himself/herself that such minimum requirements are adequate to protect the LESSEE's Vessel from damage. 00864161-1 Page 5 of 15 LESSEE shall be required to adhere to the guidelines set forth in the annual Boynton Harbor Marina Hurricane Plan provided by the Dockmaster or the LESSOR at the signing of this Lease. 16. Telephone, Cable, etc. LESSOR represents and LESSEE understands that there is no telephone or cable television, provided to the dock or slip. Telephone service to the vessels must be by cellular phone at LESSEE's expense. No private telephone systems or satellite dishes may be installed within the dockage facilities without the prior written consent of the Dockmaster or the LESSOR. 17. Reassignment. LESSOR reserves the right to permanently reassign the LESSEE to a different slip in the event LESSOR deems it necessary, in its sole discretion, by providing LESSEE ten (10) days written notification of such intent. LESSOR reserves the right to temporarily reassign LESSEE to a different slip in the event LESSOR deems it necessary, in its sole discretion, for the purpose of health and safety concerns, maintenance, repairs, construction or any other reason LESSOR deems necessary. 18. No Additional Vessels Permitted. No other vessel may be placed in the water along with the Vessel without the prior written consent of LESSOR. Dinghies, rafts, wave runners or other small vessels may not be left in the slip overnight and must be stowed on the Vessel when not in use. 19. Caretaking and Security. This Lease is for the use of dock space only, and such space is to be used at the sole risk of LESSEE. LESSEE expressly acknowledges that LESSOR assumes no responsibility for the caretaking or security of LESSEE's Vessel, (including any gear, equipment or contents associated with the Vessel) or for any loss or damage of whatever kind or nature to the boat, its contents, gear or equipment howsoever occasioned. LESSEE has the sole responsibility for the caretaking and security of and at the Vessel, including the responsibility to insure the Vessel in accordance with this Lease. Any independent or caretaker or mechanic working on the Vessel (other than LESSEE) must register with the Dockmaster and provide copies of the business license and proof of their business insurance policy. 20. Insurance. The LESSEE hereby agrees to maintain, insurance providing complete marine coverage for the LESSEE's Vessel and public comprehensive liability insurance (Hull and Protection and Indemnity) with limits not less than $300,000.00 per occurrence for Non Commercial Vessels and limits not less than $500,000.00 per occurrence for Commercial Vessels. The insurance must remain in force for so long as is necessary to cover any occurrence relating to, resulting from or arising out of this Lease or LESSEE's dockage or tenancy at the Boynton Harbor Marina. LESSOR is to be included as "Additional Insured" with respect to liability arising out of LESSEE's dockage or tenancy at the Boynton Harbor Marina, this Lease, or other acts or omissions of LESSEE in connection with this Lease. The LESSEE shall provide the LESSOR with a valid certificate of insurance as proof of such coverage at the time of executing the Lease and at each subsequent renewal. The Dockmaster and LESSOR reserve the right to request updated proof of LESSEE's insurance coverage at any time during the term of this Lease. Additionally, LESSEE is required to provide evidence of a minimum ten (10) pound ABC fire extinguisher to be maintained on the Vessel at all times. 21. Default. The failure of LESSEE to comply with the provisions set forth in this Lease shall constitute a default and breach of this Lease. If LESSEE fails to cure the default 00864161-1 Page 6 of 15 within seven (7) days of notice from LESSOR, LESSOR may terminate this Lease. If LESSOR determines, in its sole and absolute discretion, that the default or breach constitutes a danger to the health, safety, and welfare of LESSEE, other persons or property, or LESSOR or LESSOR's property, LESSOR may immediately terminate this Lease. 22. Indemnification. The LESSEE agrees to indemnify, save, and hold harmless LESSOR, its agents and its employees harmless for any and all liability, claim, demand, suit, loss, cost, expense, or damage, which may be asserted, claimed or recovered against or from LESSOR, its agents, and its employees by reason of any property damage 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 LESSEE's negligent or wrongful conduct, faulty equipment (including equipment installation and removal), use of LESSOR's dockage facilities, or use of LESSOR's property pursuant to this Lease, as well as from any and all acts or omissions of LESSEE, his/her crew, guests, invitees, or agents. The LESSEE's obligation for such indemnification shall include all reasonable defense costs including attorney's fees and attorney's fees at the appellate level. This paragraph shall not be construed to require LESSEE to indemnify LESSOR for its own negligence, or intentional acts of LESSOR, 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. 23. Entire Agreement. This Lease 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 Lease and the terms of this Lease supersede all such other agreements. No extraneous information may be used to alter the terms of this Lease. 24. Modification. No change, amendment, modification or alteration of this Lease shall be binding upon either party unless it is in writing and signed by both parties except for changes to rules and regulations as deemed necessary and appropriate by the LESSOR. 25. Interpretation. If any action at law or in equity is necessary to enforce or interpret the terms of this Lease, the prevailing party shall be entitled to reasonable attorney fees, expenses, and costs of appeal and necessary disbursements in addition to any other relief to which it may be entitled. 26. Severability. If any part of this Lease shall be declared unlawful or invalid, the remainder of the Lease will continue to be binding upon the parties. In the event any of part of this Lease shall be held to be invalid, this Lease shall be interpreted as if such invalid part were not contained herein. 27. Independent Advice. The Parties declare that the terms of this Lease 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. 00864161-1 Page 7 of 15 28. Agreement Deemed to be Drafted Jointly. This Lease shall be deemed to be drafted jointly and shall not be construed more or less favorably towards any of the parties by virtue of the fact that one party or its attorney drafted all or any part thereof. Any ambiguity found to exist shall be resolved by construing the terms of this Lease fairly and reasonably in accordance with the purpose of this Lease. 29. Governing Law, Jurisdiction, and Venue. The terms and provisions of this Lease shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of law principles. Venue and jurisdiction shall be Palm Beach County, Florida, for all purposes, to which the Parties expressly agree and submit. 30. Counterparts and Transmission. To facilitate execution, this Lease 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. IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed on the day and year written below. LESSEE Signature*: Date: Print Name *If Lessee is a corporation, an officer of the corporation must sign this lease and must also provide a resolution of the corporation authorizing signature. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Signature: Date: By: Title: CERTIFICATION AND WAIVER OF PRIVACY: I, the undersigned, applicant(s) certify that all information presented in this Lease, and all of the information furnished in support of this Lease, is given for the purpose of obtaining a marine vessel slip within the Boynton Beach Community Redevelopment Agency Boynton Harbor Marina, and is true and complete to the best of the LESSEE's knowledge and belief. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Harbor Marina Dockage Agreement as well as the Rules & Regulations Governing Dockage. I hereby acknowledge that the marina is a public area and that I have no expectation of privacy with respect to activity which occurs in plain view on the Vessel. I waive my rights under any 00864161-1 Page 8 of 15 privacy laws, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any information given herein. I further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this Lease. I hereby give permission to the Community Redevelopment Agency or its agents to take photos of myself, my invitees, and/or my Vessel to be used to promote the Boynton Harbor Marina. I consent to the use of the image of the Vessel in conjunction with any promotional activity by the Agency or its employees or contractors. I understand that any misinformation furnished by me in to obtain the Lease is grounds for termination of the Lease by LESSOR. LESSEE Signature*: Date: Print Name *If Lessee is a corporation, an officer of the corporation must sign this lease and must also provide a resolution of the corporation authorizing signature. STATE OF COUNTY OF The foregoing instrument was acknowledged before me, the undersigned authority, this day of 2021, by who is personally known to me or who has produced as identification and who did/did not take an oath. NOTARY PUBLIC— State of My commission expires: 00864161-1 Page 9 of 15 (7 t ~ �# rl,I Boynton Harbor Marina "EXHIBIT A" BOYNTON HARBOR MARINA RULES AND REGULATIONS GOVERNING DOCKAGE In an effort to provide an inviting atmosphere for boat owners docking at the LESSOR's docks, patrons, and visitors to the marina area, the following rules and regulations are provided for your protection. LESSEE, and if LESSEE is not the Vessel Captain, the Vessel Captain are required to obey the following rules and regulations as a condition of this Lease and will be strictly enforced. Any violation of these Rules and Regulations shall be deemed as grounds for immediate termination of the Dockage Lease and removal of the vessel in the sole discretion of the LESSOR. 1. When a boat enters the basin, it immediately comes under the jurisdiction of the LESSOR's Dockmaster. 2. Only boats in good working condition, and operating under their own power, shall be admitted to or remain in berthing areas. 3. Pets shall be leashed within the confines of the LESSOR's property. Pets are permitted only if they do not disturb other Lessees, patrons, visitors, and guests. 4. Under no circumstances will live-aboard status be allowed. No overnight stay by the LESSEE, his/her crew or guests, shall be permitted. 5. Refuse shall not be thrown overboard. Garbage shall be deposited in cans or dumpster supplied for that purpose. No person shall discharge fish carcasses or waste, oil, spirits, solvents, inflammable liquid or oily bilges into the basin or on the property of the LESSOR. In the event of any accidental spills of oil, spirits, solvents, flammable liquids, fuel products or other toxic substances or waste, the LESSEE shall immediately notify the LESSOR's Dockmaster of the existence of such condition. 6. There shall be no discharge of fish waste into waters of the marina under any circumstances. Fish waste shall be disposed of offshore or placed in sealed garbage bags and disposed of in the on-site dumpster or taken to your place of residence or legal off- site disposal location. 7. Under no circumstances shall vessel sewage be disposed of into the marina basin. Vessel sewage shall be disposed of appropriately and in conformance with all pertinent health codes and state statutes. 8. Noise shall be kept to a minimum at all times. LESSEE shall use discretion in operating engines, generators, radios and television sets, so as not to create a nuisance or disturbance. Upon request by the Dockmaster or LESSOR, LESSEE will immediately lower the volume of any source of noise that may be causing a disturbance. 00864161-1 Page 10 of 15 9. The consumption alcohol on Boynton Beach Community Redevelopment Agency or Boynton Harbor Marina property is strictly prohibited. 10. Swimming, diving, or fishing shall not be permitted from the docks or finger piers or boats except for the cleaning of the underside of the vessel by LESSEE or properly licensed professional. 11. Boat owners shall not store supplies, materials, accessories or debris on walkway, and shall not construct thereon any lockers, chests, cabinets, or similar structures, except with written approval of the Dockmaster and the LESSOR. Painting, scraping, or repairing of gear shall not be permitted on the docks or finger piers. Extent of repairs and maintenance shall be at the discretion of management. 12. Fueling of gasoline or diesel powered vessels from fuel trucks, portable cans or containers without prior written approval from the Dockmaster shall be strictly prohibited in the slip or marina basin. Storage of portable gasoline cans or containers is prohibited in the marina and slip areas. 13. Laundry shall not be hung on boats, docks or finger piers in the basin, nor shall "for sale" signs be put on boats without written permission from the LESSOR. 14. The washing or maintenance of any vehicle or vessel, on a trailer or otherwise, is prohibited on Boynton Harbor Marina property including in the drop off lane North of the slip area. LESSEE is allowed to wash vessels and perform minor maintenance to their vessel within their designated slip area. 15. The LESSOR reserves the right to limit and govern all marina slip parking spaces in the LESSOR parking areas as shown in "Appendix A." The Boynton Harbor Marina slip spaces designated as "loading and unloading only" are for the express and exclusive use of the LESSOR and LESSEE between the hours of Gam to bpm seven days a week. These spaces shall be limited to use for a period no longer than 15 minutes for the sole purpose of the "loading and unloading" of the LESSEE's supplies, guests, and crew. NO LONG TERM PARKING WILL BE ALLOWED in this location. The LESSOR reserves the right to tow or remove any vehicle which is found to be in violation of the parking conditions as stated in this paragraph at the sole expense of the owner of said vehicle. Overnight or long term parking can be accommodated within the Marina Village Parking Garage by written approval of the Dockmaster and Marina Village Property Manager. Failure to obtain such approval may result in the vehicle being towed by Marina Village Master Association. Please contact the Dockmaster for instructions on obtaining the required overnight parking pass. 16. Each LESSEE shall be issued a maximum of two (2) Boynton Harbor Marina vehicle identification sticker(s) to be placed on the rear window of the LESSEE's vehicle. No temporary parking passes will be issued to LESSEES for any purpose. 17. All contractors, mechanics, or caretakers ("Contractors") working on any vessel in the Boynton Harbor Marina must register with the Dockmaster, provide Dockmaster with proof of insurance and proof of business licensing before commencing work, and work pursuant to the terms of the Lease. The Dockmaster will provide a one-day "Contractor Parking Pass" to Contractors upon registration. Dockmaster will only issue parking 00864161-1 Page 11 of 15 passes for Contractors that have proof of insurance and proof of business licensing on file with the Dockmaster. If more than one day of work is required, the Contractor shall check in with the Dockmaster each day prior to commencing work. 18. Each LESSEE shall provide an executed Dockage Lease Agreement along with all of the documents listed below to the Dockmaster no later than September 30, 2021. If the LESSEE does not provide an executed Dockage Lease Agreement along with all of the documents listed below by September 30, 2021 LESSEE will be charged a $500 fee. The LESSEE will then have 30 days from September 30, 2021 to provide the Dockmaster with the $500 fee, an executed Dockage Lease Agreement (along with all of the documents listed below). If at that time the executed Dockage Lease Agreement, (along with all of the documents listed below) and the $500 fee is not provided to the Dockmaster, the Dockage Lease Agreement will not be considered for renewal and the LESSEE will be required to leave the space. Each LESSEE is required to provide the Dockmaster with the below listed documentation along with the executed Dockage Lease Agreement: • Current Boynton Beach Business Tax Receipt • Current Palm Beach County Local Business Tax Receipt • Current documentation or title to boat being docked • Current vessel registration • Captains licensing for all boat operators • Current US Coast Guard vessel inspection • Current hurricane protection plan • Current insurance policy, written as per section 19 in the dockage agreement and naming Boynton Beach CRA additionally insured 19. Violation of the above rules and regulations, or other conduct by any LESSEE, or his/her crew or guests, that might injure any person, cause damage to property or harm the reputation of the LESSOR shall be cause for immediate removal from Boynton Harbor Marina. Such conduct shall include, but not be limited to: harassment of any person; aggressive behavior; engagement in any illegal activity; or any conduct that the Dockmaster or LESSOR determines, in their sole and absolute discretion, endangers the health, safety, welfare, or property of any other person or entity. LESSEE acknowledges by signing below, that they have read and understand the BOYNTON HARBOR MARINA RULES AND REGULATIONS GOVERNING DOCKAGE and hereby agree to the terms of the Dockage Lease Agreement. LESSEE Signature*: Date: Print Name *If Lessee is a corporation, an officer of the corporation must sign this lease and must also provide a resolution of the corporation authorizing signature. 00864161-1 Page 12 of 15 "Appendix A" 17 r {NOS: tilt, t �r r 1 � tit f 1rt t ��\tt ur tt a =.E ManniSfVa .i m S r i t 1 t ++++ t _ » �A1171 � 1 II t f ff a =Mi � � 1 00864161-1 Page 13 of 15 "Exhibit B" BOYNTON HARBOR MARINA Dockage Lease Agreement Tenant's Monthly Trip Log SLIP No. VESSEL NAME CAPTAIN NAME CAPTAIN NAME TOTAL NUMBER OF CAPTAIN'S MONTH TOTAL NUMBER OF TRIPS PASSENGERS INITIALS Oct-21 Nov-21 Dec-21 Jan-22 Feb-22 Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 00864161-1 Page 14 of 15 "Exhibit B" BOYNTON HARBOR MARINA Dockage Lease Agreement Tenant's Monthly Trip Log SLIP No. VESSEL NAME CAPTAIN NAME MONTH TOTAL NUMBER OF TRIPS TOTAL NUMBER OF PASSENGERS Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 Apr-23 May-23 Jun-23 Jul-23 Aug-23 —Sep-23 00864161-1 Page 15 of 15 > Boynt on JtsG }� liI�tl��t_. i Harbor wlii Marina ��ff l 11 IIIIIII� Illi ill 1� �} BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY `BOYNTON HARBOR MARINA" DOCKAGE LEASE AGREEMENT FOR MULTIPLE VESSLES IN A SINGLE SLIP FY 2021-2023 This Lease Agreement ("Lease") is entered into between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("LESSOR") and the undersigned boat and/or owner, ("LESSEE"). hereinafter referred to as "Dockmaster" performs any and all duties of marina management on behalf of the LESSOR. (Print all information. All blank spaces must be completed.) LESSEE'S Name BUSINESS NAME LESSEE'S Address City State Zip Phone No. Alternate Phone No. First Vessel: Registration No. First Vessel Name: Make Year O.A. Length Beam Draft *The length of any vessel shall be measured from the end of pulpit to the end of the dive platform. Tenant vessels shall be measured twice annually. Power Sail Electricity: 110 220 00864234-1 Page 1 of 16 Second Vessel: Registration No. Second Vessel Name: Make Year O.A. Length Beam Draft *The length of any vessel shall be measured from the end of pulpit to the end of the dive platform. Tenant vessels shall be measured twice annually. Power Sail Electricity: 110 220 (hereinafter, First Vessel and Second Vessel shall be referred to collectively as "Vessel"). Slip No. Lease Rate: $ per lineal foot from October 1, 2021 until September 30, 2023. For purposes of calculating the Lease Rate, the lineal feet shall be calculated by adding the O.A. Length of the First Vessel to the O.A. Length of the Second Vessel. 1. Term. The term of this Dockage Lease shall be from until September 30, 2023. There is no option to renew and any additional term of lease shall be evidenced by a new Lease. 2. Rent. The rental shall be the sum of per month based on the lease rate of nineteen dollars ($ ) per vessel linear foot plus 7% sales tax in the amount of $ , for a total of $ per month from the time period of October 1, 2021 through September 30, 2023. Rent for the first month shall be prorated if Lease is executed after the 1st of the month. Each subsequent rent payment shall be due on the first day of the month and past due on the tenth day of the month. Timely payment of rent is a material provision of this Lease and the late payment of rent constitutes grounds for termination of this Lease by LESSOR regardless of whether delinquent rent is accepted. LESSEE understands that LESSOR may accept late payment of rent without waiving LESSOR's right to declare a breach of Lease and terminate this Lease. 3. Security Deposit. At the time of execution of this Lease, LESSEE shall pay LESSOR an amount equal to one month's rent, as specified in Paragraph 2 of this Lease. This payment(the"Security Deposit") shall be made by cash, cashier's check, or money order. The Security Deposit may not be paid by personal check. The Security Deposit is separate from payment of rent and utilities, and LESSEE may not use the Security Deposit to pay the last month's, or any month's, rent or other charges in arrears. LESSOR is not obligated to apply the Security Deposit on rents or other charges in arrears, or on other damage caused by LESSEE's failure to perform under this Lease, but LESSOR may choose to do so at LESSOR's option. If LESSOR repossesses the slip because of LESSEE's default or breach, LESSOR may, but is not required to, apply the deposit on all damages suffered as a result of the default or breach, regardless of whether the damages occurred before, during, or after repossession. 00864234-1 Page 2 of 16 Upon expiration or termination of this Lease, LESSOR shall inspect the slip and related facilities for any damage caused by LESSEE or LESSEE's use of the slip. If there is damage beyond normal wear and tear, LESSOR shall subtract the amount necessary to repair the damage from the Security Deposit and return the remainder of the Security Deposit to LESSEE within fourteen (14) days after LESSEE has vacated the slip. LESSOR shall not subtract any amount from the Security Deposit for normal wear and tear. LESSOR shall have sole discretion as to what constitutes normal wear and tear. Any interest generated on the Security Deposit shall accrue to LESSOR. LESSOR shall not be obligated to keep the Security Deposit as a separate fund, but may mix it with LESSOR's own funds. 4. Credit Report Authorization. By signing this Lease, LESSEE hereby authorizes the Boynton Beach Community Development Agency and/or its agent to obtain a copy of his/her credit report and/or scores for the purposes of assessing LESSEE's current or ongoing eligibility for tenancy. LESSEE's credit score will be considered when making final application approval decisions and LESSEE may be required to post an additional security deposit as part of his/her approval. The consents provided are effective as of the date of this Lease and will be valid for as long as required to fulfill the purposes described herein. 5. Utilities. LESSOR agrees to provide electricity and water hookups at each slip. Any equipment/connecting devices necessary to provide the connection from the dock to the Vessel shall be the responsibility of the LESSEE but the type and manner of connection are subject to approval by the LESSOR. LESSEE is responsible for the payment of their monthly electrical and water (individually or collectively, "utility") usage. The billing rate for utility consumption by the LESSEE shall be based on usage to the slip as determined by LESSOR and will be calculated based on the prevailing rate charged to the LESSOR by the utility provider. A utility statement will be hand delivered or mailed to the LESSEE on the 1st of each month and shall reflect the amount of utility usage for the previous month. Utility payments shall be considered additional rent under this Lease. LESSEE's utility payments shall be due to LESSOR no later than the tenth day of the following month. 6. Late Payment. There shall be a late payment fee in an amount equal to 25% of the amount due each month on all rent or utility payments received after the past due date. There shall be an additional one hundred dollar ($100.00) late fee when the delinquent rent payment is not made in full, including the initial late fees, by the fifteenth day of the subsequent month. Each month for which LESSEE fails to pay all or a portion of rent or utility payments owed shall constitute a separate violation of this Lease and shall incur a separate late fee. Interest shall accrue on any unpaid amounts owed under this lease at the rate of 1.5%per month. 7. Lien. LESSOR shall have a lien against the Vessel, its appurtenances, and its contents for unpaid sums due for rent, use of dock facilities, utility usage, other services, or for damage to any docks or property of LESSOR or any other person at the docks caused or contributed to by the Vessel, LESSEE or any individual the LESSEE allows to use the Vessel. The lien shall be in addition to all other remedies available at law or in equity. 00864234-1 Page 3 of 16 8. Only for Approved Vessel. This Lease is valid only for the Vessel and LESSEE, and is not transferable to another vessel or lessee without the written authorization and approval of the LESSOR. This Lease does not allow for the sub-leasing of the slip by the LESSEE under any circumstances. This Lease grants the LESSEE a revocable license to use the subject dock space and does not create any interest for LESSEE in the underlying bottom lands or real property connected with the LESSOR. 9. Absences from Slip. LESSEE is required to notify the Dockmaster in writing if the Vessel will be absent from the above referenced slip for longer than a thirty (30) day period. Slips left empty for longer than thirty (30) consecutive days, or for twenty (20) days in a forty five (45) day period, without written notification to the LESSOR shall be considered vacated by the LESSEE and the lease will be terminated. 10. Termination for Cause. This Lease shall be in effect until the end of the term unless sooner terminated by reason of one or more of the following conditions or events: a. By destruction of the dockage facilities by storm, Act of God, or other calamity. b. In the event LESSEE makes a bona fide sale of the boat or obtains a boat larger than can be safely berthed at the subject dockage. C. LESSEE terminates this Lease by providing thirty (30) day written notice to the LESSOR. LESSEE may terminate this Lease pursuant to this subsection only if all rents and fees are current and paid in full. d. By breach or default as provided below. e. Late payment of rent, including items deemed"additional rent," or penalty charges. f Failure to maintain and provide proof to LESSOR of insurance coverage as required in paragraph 19 below. g. Other reason as provided for in this Lease. All termination proceedings shall be conducted in accordance with Florida law. 11. Additional Procedures for Termination for Late Payment of Rent. If LESSOR terminates this Lease pursuant to Section 9.e. of this Lease, LESSEE shall immediately vacate the dock space leased hereunder upon three days notice by LESSOR. Notice shall be considered given upon any of the following: (a) Mailing notice to LESSEE at the address provided above; or (b) Posting notice upon the Vessel. Should LESSEE fail to vacate within the three days set forth herein, the Parties agree that LESSOR shall be entitled to an immediate judgment for eviction and possession of the subject dock space, upon filing of a verified complaint for eviction/possession with the Palm Beach County Court, in and for the Fifteenth Judicial Circuit. The Parties expressly agree that said action for eviction/possession shall proceed under Summary Procedure pursuant to Section 51.011, Fla. Stat. 00864234-1 Page 4 of 16 12. Compliance with Rules and Regulations. LESSEE agrees to comply with all posted Rules and Regulations along with those attached hereto as "Exhibit A," as amended from time to time in the LESSOR's sole discretion, as fully as though they were set forth herein, and should breach of this Lease or violation of the Rules and Regulations Governing Dockage set forth and attached hereto occur, LESSOR may immediately terminate this Lease. LESSEE shall be notified of such termination and required to immediately remove the Vessel at LESSEE's expense. LESSOR may take all legal steps to remove the Vessel and other property upon termination of the Lease. If LESSOR determines, in its sole and absolute discretion, that the violation of the Rules and Regulations constitutes a danger to the health, safety, and welfare of LESSEE, other persons or property, or LESSOR or LESSOR's property, LESSOR may immediately take any steps it deems necessary to mitigate or alleviate such danger. 13. Required Trip Log Submittal. LESSEE will submit a completed copy of the appropriate log attached hereto as "Exhibit B" in accordance with the schedule below: • First Submittal shall be no later than January 5, 2022 for all trips that occurred October 1 to December 31, 2021 • Second Submittal shall be no later than April 5, 2022 for all trips that occurred January 1 to March 31, 2022 • Third Submittal shall be no later than July 5, 2022 for all trips that occurred April 1 to June 31, 2022 • Fourth Submittal shall be no later than November 5, 2022 for all trips that occurred July 1 to September 30, 2022 • Fifth Submittal shall be no later than January 5, 2023 for all trips that occurred October 1 to December 31, 2022 • Sixth Submittal shall be no later than April 5, 2023 for all trips that occurred January 1 to March 31, 2023 • Seventh Submittal shall be no later than July 5, 2023 for all trips that occurred April 1 to June 31, 2023 • Eighth Submittal shall be no later than November 5, 2023 for all trips that occurred July 1 to September 30, 2023 Failure to comply with this section shall be a default and breach of this Lease. If LESSEE fails to submit the trip log, LESSOR may, in addition to the other remedies provided for in this Lease, elect to discontinue LESSEE's fuel discount and exclude LESSEE from LESSOR's marketing collateral. 14. Voluntary Waiver. LESSOR may, in its sole and absolute discretion, waive any requirement of this Lease. Waiver of any conditions by LESSOR shall not be deemed to be a continuing waiver and shall not be considered a waiver of any other provision or condition of this Lease. 15. Weather. Weather conditions: In the event weather or tidal conditions exist during the term of this Lease that would either place the LESSEE's Vessel in danger of incurring damage to itself or LESSEE's Vessel causing damage to the LESSOR's property or other vessels within the dockage facilities, it shall be the LESSEE's responsibility to remove the Vessel from the LESSOR's property and dockage facility. Any damage caused by 00864234-1 Page 5 of 16 LESSEE's Vessel to the LESSOR's property, dockage facilities, LESSEE's Vessel or other vessels within the LESSOR's property and dockage facilities shall be the sole responsibility of the LESSEE. The LESSEE, by executing this Lease, expressly agrees that he/she shall be solely responsible for ascertaining when such threatening weather conditions may occur in order to allow adequate time for the LESSEE to remove the Vessel from the LESSOR's property and dockage facility as required above. The LESSEE expressly acknowledges that the LESSOR does not assume any obligation to contact the LESSEE with respect to impending weather conditions. NOTICE TO VESSEL OWNER The undersigned LESSOR hereby informs you that in the event you fail to remove your vessel(s) from the marina promptly (within 24 hours) after the issuance of a tropical storm or hurricane watch for Palm Beach County or Boynton Beach, Florida, under Florida law, the undersigned or his or her employees or agents are authorized to remove your vessel(s), if reasonable, from its slip or take any and all other reasonable actions deemed appropriate by the undersigned or his or her employees or agents in order to better secure your vessel(s) and to protect marina property, private property, and the environment. You are further notified that you may be charged a reasonable fee for any such action. Notwithstanding the foregoing, LESSEE shall be responsible for all damage caused by the Vessel to the LESSOR's dockage facilities or other vessels regardless of ownership. The LESSOR expressly reserves the right, but not the responsibility, to establish minimum requirements for the kinds of cleats, ropes, fenders and other measures that must be used on vessels as a condition of the use of the dockage facilities. In the event the LESSOR establishes such minimum measures, it shall be the LESSEE's obligation and liability to assure himself/herself that such minimum requirements are adequate to protect the LESSEE's Vessel from damage. LESSEE shall be required to adhere to the guidelines set forth in the annual Boynton Harbor Marina Hurricane Plan provided by the Dockmaster or the LESSOR at the signing of this Lease. 16. Telephone, Cable, etc. LESSOR represents and LESSEE understands that there is no telephone, cable television, provided to the dock or slip. Telephone service to the vessels must be by cellular phone at LESSEE's expense. No private telephone systems or satellite dishes may be installed within the dockage facilities without the prior written consent of the Dockmaster or the LESSOR. 17. Reassignment. LESSOR reserves the right to permanently reassign the LESSEE to a different slip in the event LESSOR deems it necessary, in its sole discretion, by providing LESSEE ten (10) days written notification of such intent. LESSOR reserves the right to temporarily reassign LESSEE to a different slip in the event LESSOR deems it necessary, in its sole discretion, for the purpose of health and safety concerns, maintenance, repairs, construction or any other reason LESSOR deems necessary. 00864234-1 Page 6 of 16 18. No Additional Vessels Permitted. No other vessel may be placed in the water along with the Vessel without the prior written consent of LESSOR. Dinghies, rafts, wave runners or other small vessels may not be left in the slip overnight and must be stowed on the Vessel when not in use. 19. Caretaking and Security. This Lease is for the use of dock space only, and such space is to be used at the sole risk of LESSEE. LESSEE expressly acknowledges that LESSOR assumes no responsibility for the caretaking or security of LESSEE's Vessel, (including any gear, equipment or contents associated with the Vessel) or for any loss or damage of whatever kind or nature to the boat, its contents, gear or equipment howsoever occasioned. LESSEE has the sole responsibility for the caretaking and security of and at the Vessel, including the responsibility to insure the Vessel in accordance with this Lease. Any independent or caretaker or mechanic working on the Vessel (other than LESSEE) must register with the Dockmaster and provide copies of the business license and proof of their business insurance policy. 20. Insurance. The LESSEE hereby agrees to maintain, insurance providing complete marine coverage for the LESSEE's Vessel and public comprehensive liability insurance (Hull and Protection and Indemnity) with limits not less than $300,000.00 per occurrence for Non Commercial Vessels and limits not less than $500,000.00 per occurrence for Commercial Vessels. The insurance must remain in force for so long as is necessary to cover any occurrence relating to, resulting from or arising out of this Lease or LESSEE's dockage or tenancy at the Boynton Harbor Marina. LESSOR is to be included as "Additional Insured" with respect to liability arising out of LESSEE's dockage or tenancy at the Boynton Harbor Marina, this Lease, or other acts or omissions of LESSEE in connection with this Lease. The LESSEE shall provide the LESSOR with a valid certificate of insurance as proof of such coverage at the time of executing the Lease and at each subsequent renewal. The Dockmaster and LESSOR reserve the right to request updated proof of LESSEE's insurance coverage at any time during the term of this Lease. Additionally, LESSEE is required to provide evidence of a minimum ten (10) pound ABC fire extinguisher to be maintained on the Vessel at all times. 21. Default. The failure of LESSEE to comply with the provisions set forth in this Lease shall constitute a default and breach of this Lease. If LESSEE fails to cure the default within seven (7) days of notice from LESSOR, LESSOR may terminate this Lease. If LESSOR determines, in its sole and absolute discretion, that the default or breach constitutes a danger to the health, safety, and welfare of LESSEE, other persons or property, or LESSOR or LESSOR's property, LESSOR may immediately terminate this Lease. 22. Indemnification. The LESSEE agrees to indemnify, save, and hold harmless LESSOR, its agents and its employees harmless for any and all liability, claim, demand, suit, loss, cost, expense, or damage, which may be asserted, claimed or recovered against or from LESSOR, its agents, and its employees by reason of any property damage 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 LESSEE's negligent or wrongful conduct, faulty equipment (including equipment installation and removal), use of LESSOR's dockage facilities, or use of LESSOR's property pursuant to this Lease, as well as from any and all acts or omissions of LESSEE, his/her crew, guests, invitees, or agents. The LESSEE's obligation for such indemnification shall include all reasonable 00864234-1 Page 7 Of 16 defense costs including attorney's fees and attorney's fees at the appellate level. This paragraph shall not be construed to require LESSEE to indemnify LESSOR for its own negligence, or intentional acts of LESSOR, 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. 23. Entire Agreement. This Lease 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 Lease and the terms of this Lease supersede all such other agreements. No extraneous information may be used to alter the terms of this Lease. 24. Modification. No change, amendment, modification or alteration of this Lease shall be binding upon either party unless it is in writing and signed by both parties except for changes to rules and regulations as deemed necessary and appropriate by the LESSOR. 25. Interpretation. If any action at law or in equity is necessary to enforce or interpret the terms of this Lease, the prevailing party shall be entitled to reasonable attorney fees, expenses, and costs of appeal and necessary disbursements in addition to any other relief to which it may be entitled. 26. Severability. If any part of this Lease shall be declared unlawful or invalid, the remainder of the Lease will continue to be binding upon the parties. In the event any of part of this Lease shall be held to be invalid, this Lease shall be interpreted as if such invalid part were not contained herein. 27. Independent Advice. The Parties declare that the terms of this Lease 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. 28. Agreement Deemed to be Drafted Jointly. This Lease shall be deemed to be drafted jointly and shall not be construed more or less favorably towards any of the parties by virtue of the fact that one party or its attorney drafted all or any part thereof. Any ambiguity found to exist shall be resolved by construing the terms of this Lease fairly and reasonably in accordance with the purpose of this Lease. 29. Governing Law, Jurisdiction, and Venue. The terms and provisions of this Lease shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of law principles. Venue and jurisdiction shall be Palm Beach County, Florida, for all purposes, to which the Parties expressly agree and submit. 30. Counterparts and Transmission. To facilitate execution, this Lease 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 00864234-1 Page 8 of 16 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year written below. LESSEE Signature*: Date: Print Name *If Lessee is a corporation, an officer of the corporation must sign this lease and must also provide a resolution of the corporation authorizing signature. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Signature: Date: By: Title: CERTIFICATION AND WAIVER OF PRIVACY: I, the undersigned, applicant(s) certify that all information presented in this Lease, and all of the information furnished in support of this Lease, is given for the purpose of obtaining a marine vessel slip within the Boynton Beach Community Redevelopment Agency Boynton Harbor Marina, and is true and complete to the best of the LESSEE's knowledge and belief. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Harbor Marina Dockage Agreement as well as the Rules &Regulations Governing Dockage. I hereby acknowledge that the marina is a public area and that I have no expectation of privacy with respect to activity which occurs in plain view on the Vessel. I waive my rights under any privacy laws, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any information given herein. I further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this Lease. I hereby give permission to the Community Redevelopment Agency or its agents to take photos of myself, my invitees, and/or my Vessel to be used to promote the Boynton Harbor Marina. I consent to the use of the image of the Vessel in conjunction with any promotional activity by the Agency or its employees or contractors. I understand that any misinformation furnished by me in to obtain the Lease is grounds for termination of the Lease by LESSOR. 00864234-1 Page 9 Of 16 LESSEE Signature*: Date: Print Name *If Lessee is a corporation, an officer of the corporation must sign this lease and must also provide a resolution of the corporation authorizing signature. STATE OF COUNTY OF The foregoing instrument was acknowledged before me, the undersigned authority, this day of 2021, by who is personally known to me or who has produced as identification and who did/did not take an oath. NOTARY PUBLIC— State of My commission expires: 00864234-1 Page 10 of 16 7t4j oynton Harbor Marina "EXHIBIT A" BOYNTON HARBOR MARINA RULES AND REGULATIONS GOVERNING DOCKAGE In an effort to provide an inviting atmosphere for boat owners docking at the LESSOR's docks, patrons, and visitors to the marina area, the following rules and regulations are provided for your protection. LESSEE, and if LESSEE is not the Vessel Captain, the Vessel Captain are required to obey the following rules and regulations as a condition of this Lease and will be strictly enforced. Any violation of these Rules and Regulations shall be deemed as grounds for immediate termination of the Dockage Lease and removal of the vessel in the sole discretion of the LESSOR. 1. When a boat enters the basin, it immediately comes under the jurisdiction of the LESSOR's Dockmaster. 2. Only boats in good working condition, and operating under their own power, shall be admitted to or remain in berthing areas. 3. Pets shall be leashed within the confines of the LESSOR's property. Pets are permitted only if they do not disturb other Lessees, patrons, visitors, and guests. 4. Under no circumstances will live-aboard status be allowed. No overnight stay by the LESSEE, his/her crew or guests, shall be permitted. 5. Refuse shall not be thrown overboard. Garbage shall be deposited in cans or dumpster supplied for that purpose. No person shall discharge fish carcasses or waste, oil, spirits, solvents, inflammable liquid or oily bilges into the basin or on the property of the LESSOR. In the event of any accidental spills of oil, spirits, solvents, flammable liquids, fuel products or other toxic substances or waste, the LESSEE shall immediately notify the LESSOR's Dockmaster of the existence of such condition. 6. There shall be no discharge of fish waste into waters of the marina under any circumstances. Fish waste shall be disposed of offshore or placed in sealed garbage bags and disposed of in the on-site dumpster or taken to your place of residence or legal off- site disposal location. 7. Under no circumstances shall vessel sewage be disposed of into the marina basin. Vessel sewage shall be disposed of appropriately and in conformance with all pertinent health codes and state statutes. 8. Noise shall be kept to a minimum at all times. LESSEE shall use discretion in operating engines, generators, radios and television sets, so as not to create a nuisance or disturbance. Upon request by the Dockmaster or LESSOR, LESSEE will immediately lower the volume of any source of noise that may be causing a disturbance. 00864234-1 Page 11 of 16 9. The consumption alcohol on Boynton Beach Community Redevelopment Agency or Boynton Harbor Marina property is strictly prohibited. 10. Swimming, diving, or fishing shall not be permitted from the docks or finger piers or boats except for the cleaning of the underside of the vessel by LESSEE or properly licensed professional. 11. Boat owners shall not store supplies, materials, accessories or debris on walkway, and shall not construct thereon any lockers, chests, cabinets, or similar structures, except with written approval of the Dockmaster and the LESSOR. Painting, scraping, or repairing of gear shall not be permitted on the docks or finger piers. Extent of repairs and maintenance shall be at the discretion of management. 12. Fueling of gasoline or diesel powered vessels from fuel trucks, portable cans or containers without prior written approval from the Dockmaster shall be strictly prohibited in the slip or marina basin. Storage of portable gasoline cans or containers is prohibited in the marina and slip areas. 13. Laundry shall not be hung on boats, docks or finger piers in the basin, nor shall "for sale" signs be put on boats without written permission from the LESSOR. 14. The washing or maintenance of any vehicle or vessel, on a trailer or otherwise, is prohibited on Boynton Harbor Marina property including in the drop off lane North of the slip area. LESSEE is allowed to wash vessels and perform minor maintenance to their vessel within their designated slip area. 15. The LESSOR reserves the right to limit and govern all marina slip parking spaces in the LESSOR parking areas as described in "Appendix A." The Boynton Harbor Marina slip spaces designated as "loading and unloading only" are for the express and exclusive use of the LESSOR and LESSEE between the hours of Gam to bpm seven days a week. These spaces shall be limited to use for a period no longer than 15 minutes for the sole purpose of the "loading and unloading" of the LESSEE's supplies, guests, and crew. NO LONG TERM PARKING WILL BE ALLOWED in this location. The LESSOR reserves the right to tow or remove any vehicle which is found to be in violation of the parking conditions as stated in this paragraph at the sole expense of the owner of said vehicle. Overnight or long term parking can be accommodated within the Marina Village Parking Garage by written approval of the Dockmaster and Marina Village Property Manager. Failure to obtain such approval may result in the vehicle being towed by Marina Village Master Association. Please contact the Dockmaster for instructions on obtaining the required overnight parking pass. 16. Each LESSEE shall be issued a maximum of two (2) Boynton Harbor Marina vehicle identification sticker(s) to be placed on the rear window of the LESSEE's vehicle. No temporary parking passes will be issued to LESSEES for any purpose. 17. All contractors, mechanics, or caretakers ("Contractors") working on any vessel in the Boynton Harbor Marina must register with the Dockmaster, provide Dockmaster with proof of insurance and proof of business licensing before commencing work, and work pursuant to the terms of the Lease. The Dockmaster will provide a one-day "Contractor 00864234-1 Page 12 Of 16 Parking Pass" to Contractors upon registration. Dockmaster will only issue parking passes for Contractors that have proof of insurance and proof of business licensing on file with the Dockmaster. If more than one day of work is required, the Contractor shall check in with the Dockmaster each day prior to commencing work. 18. Each LESSEE shall provide an executed Dockage Lease Agreement along with all of the documents listed below to the Dockmaster no later than September 30, 2021. If the LESSEE does not provide an executed Dockage Lease Agreement along with all of the documents listed below by September 30, 2021 LESSEE will be charged a $500 fee. The LESSEE will then have 30 days from September 30, 2021 to provide the Dockmaster with the $500 fee, an executed Dockage Lease Agreement (along with all of the documents listed below). If at that time the executed Dockage Lease Agreement, (along with all of the documents listed below) and the $500 fee is not provided to the Dockmaster, the Dockage Lease Agreement will not be considered for renewal and the LESSEE will be required to leave the space. Each LESSEE is required to provide the Dockmaster with the below listed documentation along with the executed Dockage Lease Agreement: • Current Boynton Beach Business Tax Receipt • Current Palm Beach County Local Business Tax Receipt • Current documentation or title to boat being docked • Current vessel registration • Captains licensing for all boat operators • Current US Coast Guard vessel inspection • Current hurricane protection plan • Current insurance policy, written as per section 19 in the dockage agreement and naming Boynton Beach CRA additionally insured 19. Violation of the above rules and regulations, or other conduct by any LESSEE, or his/her crew or guests, that might injure any person, cause damage to property or harm the reputation of the LESSOR shall be cause for immediate removal from Boynton Harbor Marina. Such conduct shall include, but not be limited to: harassment of any person; aggressive behavior; engagement in any illegal activity; or any conduct that the Dockmaster or LESSOR determines, in their sole and absolute discretion, endangers the health, safety, welfare, or property of any other person or entity. LESSEE acknowledges by signing below, that they have read and understand the BOYNTON HARBOR MARINA RULES AND REGULATIONS GOVERNING DOCKAGE and hereby agree to the terms of the Dockage Lease Agreement. LESSEE Signature*: Date: Print Name *If Lessee is a corporation, an officer of the corporation must sign this lease and must also provide a resolution of the corporation authorizing signature. 00864234-1 Page 13 of 16 "Appendix A" Eu wo ,?ffrfu„�fytxrhyr� yli �' Y= y jgpu v Il• ? �_ ' ��II�Jl�f� yI'it;`: ” � IA 1 ,yz — W _— � � �ttl)',l!t���{ % ll f r't i It L , Oil j7S'fl� f c i g Y� F f y na z r i' f m t s y � y n ......... 00864234-1 Page 14 of 16 "Exhibit B" BOYNTON HARBOR MARINA Dockage Lease Agreement Tenant's Monthly Trip Log SLIP No. VESSEL NAME CAPTAIN NAME MONTH TOTAL NUMBER OF TRIPS TOTAL NUMBER OF PASSENGERS Oct-21 Nov-21 Dec-21 Jan-22 Feb-22 Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 —Sep-22 00864234-1 Page 15 of 16 "Exhibit B" BOYNTON HARBOR MARINA Dockage Lease Agreement Tenant's Monthly Trip Log SLIP No. VESSEL NAME CAPTAIN NAME MONTH TOTAL NUMBER OF TRIPS TOTAL NUMBER OF PASSENGERS Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 Apr-23 May-23 Jun-23 Jul-23 Aug-23 —Sep-23 00864234-1 Page 16 of 16 a9ti s i acHarbor r sBoynton : t, Marina i �rY µa ® a'11111}�n i pt'int s t a w i mihimi ev� U t1�71 iiiil iiiiili BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BOYNTON HARBOR MARINA SAFETY ACCESSORY CRITERIA The Boynton Beach Community Redevelopment Agency (CRA) recognizes there may be certain circumstances under which the safety of the public, lessees of the Boynton Harbor Marina, and other persons may be improved by the presence of certain safety accessories. Therefore, Lessees of the Boynton Harbor Marina(Lessees) may apply to the CRA for an addendum to an existing Boynton Harbor Marina Dockage Lease Agreement that would allow Lessees to use a safety accessory under the following circumstances: 1. The proposed Safety Accessory must be deemed by the Dockmaster, in his sole and absolute discretion, to be an accessory that will enhance the safety of the Lessee or other persons during their use of the Boynton Harbor Marina. 2. Once the Dockmaster deems that the proposed Safety Accessory will enhance the safety of the Lessee or other persons, the CRA must review the proposed safety accessory and may, in its sole and absolute discretion, determine that the safety accessory is not safe or is otherwise not appropriate for use at the Boynton Harbor Marina. In making its determination, the CRA shall base its decision solely on the use and appropriateness of the proposed Safety Accessory and shall not discriminate based on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability of the Lessee. 3. If both the Dockmaster and the CRA approve of the use of the proposed Safety Accessory, the Lessee and the CRA shall enter into the Safety Accessory Addendum. 4. The Safety Accessory shall not be nailed, screwed, or otherwise permanently attached or affixed to the Boynton Harbor Marina Dock(Dock). SAFETY ACCESSORY ADDENDUM This addendum to the Boynton Harbor Marina Dockage Lease Agreement dated (Lease)is made by and between the Boynton Beach Community Redevelopment Agency (LESSOR) and (LESSEE)this day of , 20 . WHEREAS, LESSOR and LESSEE have previously entered into the Lease; and WHEREAS, LESSOR has promulgated Safety Accessory Criteria, which are hereby expressly incorporated into this Addendum; and WHEREAS, LESSEE wishes to use a safety accessory (Safety Accessory) in the dock slip assigned to Lessee; and 00692681-1 WHEREAS, LESSOR agrees that the Safety Accessory will enhance the safety of Lessee's and other persons' use of the dock and is appropriate for use of the dock; NOW THEREFORE, for the good and valuable consideration of$ and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both parties, the parties agree as follows: 1. The recitals above, and the Safety Accessory Criteria, are hereby incorporated as if fully set forth herein. 2. Lessee may use the Safety Accessory identified in Exhibit 1 at the dock slip used by Lessee in the Boynton Harbor Marina(Dock Slip). Lessee shall ensure that the Safety Accessory remains confined to the Dock Slip at all times. 3. The Safety Accessory may not be nailed, screwed, glued, stapled, welded, or otherwise permanently attached or affixed to the Dock Slip. The Safety Accessory may only be attached to the Dock Slip by ropes, bands, or other temporary attachment mechanisms that do not pierce the surface of the Dock Slip. No Safety Accessory may be attached to the Dock Slip without the Dockmaster's express approval, in writing, of the method of attachment. Upon removal of the Safety Accessory, LESSEE is responsible for ensuring that the Dock Slip remains unaltered by the use of the Safety Accessory, except for normal wear and tear. 4. Prior to the installation of the Safety Accessory, LESSEE shall obtain, at LESSEE's sole expense, stamped drawings from a qualified marine engineer stating that the engineer has personally examined the Boynton Harbor Marina, the Dock Slip, and the Safety Accessory and determined, in his or her professional opinion, the Safety Accessory will not compromise the structural integrity or safety of the Boynton Harbor Marina or Dock Slip. 5. Within 10 days of the installation of the Safety Accessory, LESSEE shall provide to the Dockmaster an installation certification letter signed by a qualified marine engineer. 6. The Addendum applies only to the Safety Accessory identified in Exhibit 1. LESSEE may not substitute any other safety accessory without the express written permission of both the Dockmaster and LESSOR. LESSEE may repair the Safety Accessory on an as-needed basis so long as such repair does not violate the Lease,this Addendum, or any other applicable rules, policies, and regulations that relate to the Boynton Harbor Marina. 7. If the Dockmaster or LESSOR, in either's sole and absolute discretion, determine that the Safety Accessory is unsafe or inappropriate for use at the Boynton Harbor Marina, the Dockmaster or LESSOR shall notify LESSEE in writing. LESSEE shall have 7 calendar days after such notice is sent to remove the Safety Accessory. LESSEE hereby agrees that if the Safety Accessory is not removed within 7 days of the notice being sent, the Dockmaster or LESSOR may remove the Safety Accessory by any means necessary, which expressly includes the understanding that the Dockmaster or LESSOR may enter onto LESSEE's vessel for the sole purpose and minimum time necessary to remove the Safety Accessory. 8. LESSEE shall indemnify, save, and hold harmless the LESSOR, its agents, its employees, and the Dockmaster from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from LESSOR, 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 LESSEE's use, installation, or removal of the Safety Accessory or this Addendum. Nothing in this Addendum shall be deemed to affect the rights,privileges, and sovereign immunities of LESSOR as set forth in Section 00692681-1 768.28, Florida Statutes. This paragraph shall not be construed to require LESSEE to indemnify LESSOR for its own negligence, or intentional acts of LESSOR, 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. Prior to the installation of the Safety Accessory, LESSEE shall obtain all insurance required by LESSOR and provide proof thereof to the Dockmaster and include, along with an executed copy of this Agreement, a Certificate of Insurance with a liability limit of at least $ per occurrence. The Insurance must remain in force for so long as is necessary to cover any occurrence relating to,resulting from, or arising out of the use of the Safety Accessory. LESSOR is to be included as an"Additional Insured" with respect to liability arising out of the use of the Safety Accessory. 10. LESSEE guarantees and shall ensure that the Safety Accessory is used only for its intended purpose and in conformance with the manufacturer's specifications and instructions. A copy of the manufacturer's specifications and instructions are attached hereto as Exhibit 2. 11. LESSEE shall provide a deposit of $ to the Dockmaster, which shall be retained by the Dockmaster as security for any damage that may arise out of the use of the Safety Accessory. Once the Safety Accessory has been removed, the Dockmaster shall examine the Dock Slip and determine if any repairs are necessary as a result of the use of the Safety Accessory. If any repairs are necessary, the Dockmaster shall withhold the amount of funds necessary to repair the Dock Slip and return the remainder, if any, to LESSEE. 12. This Addendum shall not be construed to alter or affect any terms or provisions of the Lease other than those terms and conditions specifically altered by this Addendum. 13. The signatories to this Addendum hereby represent, agree, and confirm that each is authorized to sign on behalf of the entity for which they sign below. IN WITNESS WHEREOF, this Addendum has been executed by the parties hereto on the dates indicated below. 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