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Agenda 11-09-21 „*. BOYNTON cA =BEACHI COMMUNITY REDEVELOPMENT AGENCY Community Redevelopment Agency Board Meeting Tuesday, November 9, 2021 -5:30 PM GoToWebinar Online Meeting 561-737-3256 REVISED 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 A. Project Update on the Purchase and Development Agreement with Ocean One Boynton, LLC for the Ocean One Project 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. Florida Redevelopment Association (FRA) 2021 Roy F. Kenzie Awards B. The 10th Annual Boynton Beach Haunted Pirate Fest and Mermaid Splash Project Recap 9. Information Only A. Public Comment Log B. Public Relations Articles Associated with the CRA 10. Public Comments 11. CRA Advisory Board A. 2022 CRA Advisory Board Meeting Dates B. Pending Assignments 4 C. Reports on Pending Assignments 1. CRAAB November 4, 2021 Results of the 115 N. Federal Hwy Infill Mixed Use Redevelopment Project RFP/RFQ Proposers' Presentations 12. Consent Agenda A. Approval of CRA Board Meeting Minutes - October 12, 2021 B. CRA Financial Report Period Ending October 31, 2021 C. Approval of 2022 CRA Board Meeting Dates D. Approval of Increase in the Commercial Property Improvement Grant Funding in the Amount of$2,368.00 for Stevo, Inc. d/b/a CK's Lockshop & Security Center located at 301 SE 4th Street, Boynton Beach, FL 33435 13. Pulled Consent Agenda Items 14. CRA Projects in Progress A. Social Media Update B. CRA Economic& Business Development Grant Program Update C. Palm Beach County Housing Authority Auction of the Cherry Hill Lots Update D. 2021 Holiday Boat Parade Update 15. Public Hearing 16. Old Business A. Discussion and Consideration of a Commercial Development Agreement between the CRA and Centennial Management Corporation for the MLK Jr. Boulevard Corridor Commercial Redevelopment and Affordable Multi-Family Rental Apartment Project B. Discussion and Consideration of a Purchase and Development Agreement for the Cottage District Infill Housing Redevelopment Project with Azur Equities, LLC C. Discussion and Consideration of Additional Letters of Intent Received for the CRA-Owned Property Located at 211 E. Ocean Avenue D. 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 E. Consideration of a Second Amendment to the Purchase and Development Agreement to Delete the Flex Space for a New Neighborhood Officer Program Office in the Ocean Breeze East Project F. Review of Marina Parking Management- Rules and Regulations G. Project Update for the Purchase of the Properties Located at 511, 515 and 529 E. Ocean Avenue H. Consideration and Discussion of Extension of Time to Begin Construction on the Bride of Christ Daycare Center at NE 10th Avenue 17. New Business A. Consideration of an Interlocal Agreement between the Boynton Beach CRA and Solid Waste Authority of Palm Beach County B. Discussion and Consideration of the Purchase of 409 NE 1st Street 18. Future Agenda Items A. Discussion and Consideration of a Tax Increment Revenue Finance Agreement between the CRA and Centennial Management Corporation for the MLK Jr. Boulevard Corridor Commercial Redevelopment and Affordable Multi-Family Rental Apartment Project 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 C. Consideration of a First Amendment to the Interlocal Agreement with the City of Boynton Beach for Improvements to the Sara Sims Park Amphitheater D. Discussion and Consideration of Interlocal Agreement between the CRA and the City for Partial Funding of Economic Development Plan performed by Florida International University E. Consideration of Broker of Record Contract for Property and Casualty Insurance F. Consideration of the Revised CRA Human Resource Policies and Procedures Manual 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 WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CRA. PLEASE CONTACT THE CRA (561) 737-3256,AT LEAST 48 HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CRA'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CRA'S WEB SITE CAN BE OBTAINED FROM THE CRA OFFICE. d BEACK�,,,,,,CRA OWN= U N FTY REDEVELOPMENT E Community Redevelopment Agency Board Meeting Tuesday, November 9, 2021 -5:30 PM GoToWebinar Online Meeting 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 A. Project Update on the Purchase and Development Agreement with Ocean One Boynton, LLC for the Ocean One Project 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. Florida Redevelopment Association (FRA) 2021 Roy F. Kenzie Awards B. The 10th Annual Boynton Beach Haunted Pirate Fest and Mermaid Splash Project Recap 9. Information Only A. Public Comment Log B. Public Relations Articles Associated with the CRA 10. Public Comments 11. CRAAdvisory Board A. 2022 CRAAdvisory Board Meeting Dates B. Pending Assignments C. Reports on Pending Assignments 1. CRAAB November 4, 2021 Results of the 115 N. Federal Hwy Infill Mixed Use Redevelopment Project RFP/RFQ Proposers' Presentations 12. Consent Agenda A. Approval of CRA Board Meeting Minutes- October 12, 2021 B. CRA Financial Report Period Ending October 31, 2021 C. Approval of 2022 CRA Board Meeting Dates D. Approval of Increase in the Commercial Property Improvement Grant Funding in the Amount of$2,368.00 for Stevo, Inc. d/b/a CK's Lockshop & Security Center located at 301 SE 4th Street, Boynton Beach, FL 33435 13. Pulled Consent Agenda Items 14. CRA Projects in Progress A. Social Media Update B. CRA Economic& Business Development Grant Program Update C. Palm Beach County Housing Authority Auction of the Cherry Hill Lots U pdate D. 2021 Holiday Boat Parade Update 15. Public Hearing 16. Old Business A. Discussion and Consideration of a Commercial Development Agreement between the CRA and Centennial Management Corporation for the MLK Jr. Boulevard Corridor Commercial Redevelopment and Affordable Multi-Family Rental Apartment Project B. Discussion and Consideration of a Purchase and Development Agreement for the Cottage District Infill Housing Redevelopment Project with Azur Equities, LLC C. Discussion and Consideration of Additional Letters of Intent Received for the CRA-Owned Property Located at 211 E. Ocean Avenue D. 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 E. Consideration of a Second Amendment to the Purchase and Development Agreement to delete the Flex Space for a New Neighborhood Officer Program Office in the Ocean Breeze East Project F. Review of Marina Parking Management- Rules and Regulations G. Project Update for the Purchase of the Properties Located at 511, 515 and 529 E. Ocean Avenue H. Consideration and Discussion of Extension of Time to begin Construction on the Bride of Christ Daycare Center at N E 10th Avenue 17. New Business A. Consideration of an Interlocal Agreement between the Boynton Beach CRA and Solid Waste Authority of Palm Beach County B. Discussion and Consideration of the Purchase of 409 NE 1st Street 18. Future Agenda Items A. Discussion and Consideration of a Tax Increment Revenue Finance Agreement between the CRA and Centennial Management Corporation for the MLK Jr. Boulevard Corridor Commercial Redevelopment and Affordable Multi-Family Rental Apartment Project 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 C. Consideration of a First Amendment to the Interlocal Agreement with the City of Boynton Beach for Improvements to the Sara Sims Park Amphitheater D. Discussion and Consideration of Interlocal Agreement between the CRA and the City for Partial Funding of Economic Development Plan performed by Florida International University E. Consideration of Broker of Record Contract for Property and Casualty Insurance F. Consideration of the Revised CRA Human Resource Policies and Procedures Manual 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 TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S.286.0105) THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITHA DISABILITYAN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CRA. PLEASE CONTACT THE CRA, (561) 737-3256,AT LEAST 48 HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CRNS WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CRNS WEB SITE CAN BE OBTAINED FROM THE CRA OFFICE. i. � 'N rON COMMUNITYDEVE T AGENCY CRA BOARD M EETING OF: November 9, 2021 LEGAL AGENDAITEM: 6.A. SUBJECT: Project Update on the Purchase and Development Agreement with Ocean One Boynton, LLC for the Ocean One Project SUMMARY: The Boynton Beach Community Redevelopment Agency ("BBCRA") entered into a Purchase and Development Agreement with Ocean One Boynton, LLC ("Developer") on January 16, 2018, for the BBCRA owned property located at 222 N. Federal Highway for the amount of$1,000. The closing and transfer of property ownership to the Developer occurred on February 24, 2018 (see Attachment 1). Under the terms of the Purchase and Development Agreement, Section 18.2 requires the Developer to commence construction of the public plaza on the CRA's parcel within 12 months of the expiration of the Commencement of Construction period which equates to January 16, 2021. The Ocean One Mixed-use Project received site plan approval from the City of Boynton Beach City Commission on April 17, 2017. If completed, the Project would consist of 231 multi-family residential rental units, parking structure and 8,600 (+/-) square feet of commercial space (see Attachment 11). On January 5, 2021, the CRA received a letter from the Developer's attorney, Bonnie Miskel, notifying the Board of his desire to let the TIRFA expire on the termination date of January 16, 2021, (see Attachments III-V)which was acknowledged by the CRA Board at their February 9, 2021, meeting. In addition to the expiration of the TIRFA, the Developer was seeking a six (6) month extension from the Board on the commencement of construction of the public plaza as described in the Purchase and Development Agreement. At the February 9, 2021, March 9, 2021, and April 13, 2021, meetings, negotiations for an extension took place between the Board and the Developer, however, an agreement for an extension was not reached. CRA staff was notified by the City of Boynton Beach that the Developer had submitted a permit application to the City on May 26, 2021, for the construction of a Public Plaza on the 222 Federal Highway parcel. According to records provided to us by the City's Planning and Building Departments, the permit application submitted by the Developer was grossly incomplete and the City's review comments have not been responded to by the Developer(see Attachment VI). On September 7, 2021, CRA legal counsel issued an letter requesting an update on the status of the permit application (see Attachment VI 1). An email response from Ms. Miskel was received thereafter indicating that her office will be coordinating a meeting or call with CRA and City staff to seek direction on the permit process (see Attachment VI 11). CRA staff received a letter from Ms. Miskel on October 7, 2021, indicating her client's offer to pay an in-lieu fee of $39,000 to be relieved of the obligation to construct a park on the subject site (see Attachment IX). This amount may be used for any other CRA or City open space plaza or park. Staff also received confirmation from City Planning and Development staff on October 7, 2021, that the building permit status has not changed since the date of the last correspondence in Attachment VI and the total cost of the permit valuation as determined by Mr. Camalier's contractor, Kilbourne and Sons is listed at$40,000. At the October 12, 2021, CRA Board meeting, the Board declined Mr. Camalier's offer of $39,000 in exchange for the release of the public plaza requirements and provided three options to address the failure to commence construction. Those three options are: 1) Payment of $20,000 for a two-year extension (to March 9, 2023) to receive a building permit for the Public Plaza and provide a construction status update to the CRA every six months; 2) a payment no less than $100,000 for the release of the condition; or, 3) declaration of default may be declared by the CRA(see attachment X). At time of packet publication, no response from Mr. Camalier has been received by the CRA. FISCAL IMPACT: Under the terms of the TI RFA, if completed, the percentage share of the Project's Tax Increment Revenue shall be paid to the Developer as follows: Years 1 —7, Seventy-five percent (75%) of the Pledged Project Increment Revenues; and, Year 8, Fifty percent (50%) of the Pledged Project Increment Revenues. CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Discussion and consideration with legal counsel concerning the terms and conditions of Section 18.2 of the Purchase and Development Agreement with Ocean One Boynton, LLC. ATTACHMENTS: Description D Attachment I - Purchase and Development Agreement D Attachment II - Project Description D Attachment III -Tax Increment Revenue Funding Agreement D Attachment IV -TIRFA FirstAmendment, Feb. 2020 D Attachment V -January 5, 2020 B. M iskel Letter D Attachment VI - Park Permit Status and Cost Documentation D Attachment VII -September 7, 2021 Letter to B. M iskel from CRA Legal Counsel T. Duhy D Attachment VIII -September 7, 2021 B. M iskel Email Response for Permit Application Update D Attachment IX -October 6, 2021 B. M iskel Letter - Payment of In Lieu Fee for Park Construction Attachment X -October 29, 2021 CRA Legal Counsel K. Rossmell (Options to D Address Failure to Commence Construction) PURCHASE AND DEVELOPMENT AGREEMENT This Purchase and Development Agreement (hereinafter "Agreement") is made and entered into as of the Effective Date (hereinafter defined), by and between BOYNTON BEACI I COMMUNITY REDEVELOPMENT AGENCY, as public agency created pursuant to Chapter 163,Part 111.ofthe Florida Statutes(hereinafter,-SELLER")and OCEAN ONE BOYNTON,LLC (hereinafter, "PURCHASE-11"), lticonsidei-atioiiofcite mutuaf covenants and agreements herein set forth,the Parfieshereto agree as follows: 1. PURCHASE AND SALUPROPERTY. SELLER agrees to sell and convey to PURCI-IASL.R, and PURCHASER agrees to purchase and acquire from SELLER. on the terms and conditions hereinafter set forth.the Property which consists of a parcel located in Palm Beach County, Florida as more particularly described as follows(hereinafter,tile -Property"): See Attached Exhibit "A." 2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property shall be Ten Dollars($10.00),receipt of which is hereby acknowledged.The parties agree that SELLER is conveying tile Property to PURCHASER for the construction of mixed- use development as set forth in the Site Plan attached hereto as Exhibit "B." (tile "Development Project"). SELLER has complied with Section 163,380, Florida Statutes. in proceeding with tile sale of the Property to PURCI IASER. 3. QEPQSIT $).000-00.to be paid to Closing Agent as hereinafter defined within Five(5)days of the EMective Date,which shall be nonrcrundable unless otherwise provided herein, and shall be credited against Buyer's costs at closing. 4. E17FECTIVE DATE, The Effective Date of this Agreement shall be the date when the last one of the SELLER and PURCHASER has signed the Agreement. 5CLOSING. The purchase and sale transaction contemplated herein shall close within sixty (60) days from the Effective Date of this Agreement, unless extended by other provisions ofthis Agreement or by written agreement,signed by both parties.Notwithstanding the agreement, the Closing shall occur no later than one year from the Effective Data.. 6. TITLE TO BE CONVEYED. At Closing.SELLER shall convey to PURCHASER, by Special Warranty Deed in a form substantially in accordance Nvith Exhibit"C"attached hereto, and complying with the requirements of the`title Commitment (hereinafter defined), valid,good, marketable and insurable title in fee simple to the Property, free and clear orally and all liens, encumbrances, conditions, easenwnts. assessments. restrictions and other conditions except only the Following (collectively, tile "Permitted Exceptions"): (a) general real estate taxes and special assessments For the year orClosing and subsequent years not yet due and payable: (b)covenants, conditions, casements, dedications, rights-of-way and matters of record included on the Title Commitment or shmkn on the Survey(hereinafter defined),to which PURCHASER foil$to object, PURCHASE AND Dr:;VEI,.OP,\,11-'.N'I'AGREtENI Page 2 of 77 or which PURCHASER agrees to accept. pursuant to Section 7.1 and Section 7.2 hereof. 7. INVESTIGATION,017 TFIE PROPER'ry, Within thirty(30)days of tile Effective Date (-Feasibility Period"), PURCHASER and PURCHASER'S agents, employees, designees, contractors, surveyors, engineers, architects, attorneys and other consultants (collectively. "Agems"), shall have the right. at PURCHASER'S expense, to make inquiries oCand meet with members ol'Governmental Authorities regarding the Property and to enter upon the Property, w any time and From ti-ne to time with reasonable notice to SELLER and so long as said investigations do not result in a business interruption, to perform any and all physical tests, inspections, and investigations or the Property. including but not limited to Phase I and Phase 11 investigations, which PURCHASER may deem necessary. During this Feasibility Period, PURCHASER may elect, in PURCHASER'S sole and absolute discretion, to terminate this contract, If PURCHASER elects to terminate this Agreement in accordance with this Section. PURCHASER shall: (i) leave the Property in substantially(lie condition existing on (lie Effective Date; (H) to the extent practicable,shall repair and restore any damage caused to the Property by PURCHASER'S testing and investigation. and(iii) release to SELLER(without representation or warranty),at no cost.all reports and other work generated as a result Of the PURCI,IASER-S testing and investigation (other Haan proprietary information prepared solely by Purchaser). PURCHASER hereby agrees to indemnify and hold SELLER harmless from and against all claims. losses,expenses,demands and liabilities, including, but not limited to,attorney's fees, for nonpayment for services, rendered to PURCHASER (including. without limitation, any construction liens resulting thercfrorn) or for damage to persons or property arising out of PURCHASER'S investigation of the Property. PURCHASER'S. obligations under this Section shall survive the termination,expiration or Closing7-- of this Agreement. 7.1 Scllcr*s Documents. SELLER shall deliver to PURC14ASER the following documents and instruments within Five(5)days or tile Effective Date of this Agreement:copies of' any reports or studies (including, environmental, engineering. surveys, soil borings and other physical reports) in SELLER'S possession or control with respect to the physical condition orthe Property. if any. 7.2 Title Review, Within thirty (30) days of tile Effective Date ("Title Investigation Period"), PURCHASER shall obtain, at the PURCHASER'S expense. from a Title Company chosen by PURCHASER(hercinarter"Title Company"),a Title Commitment covering the Property and proposing to insure PURCHASER in an amount to be determined subject only to tile Permitted Exceptions. together with complete and legibic copies or all instruments identified as conditions or exceptions in Schedule B of tile Title Commitment. PURCHASER shall examine the Title Commitment and deliver written notice to Sf-'-I,LFR no later thin tile end of the Title Investigation Period. notifying SELLER of any objections PURCHASER has to the condition of title (hereinarter "PURCHASER'S Title Objections"). If PURCHASER fails to deliver PURCHASEWS Title Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. IrPURCI IASER timely delivers tile PURCHASER'S Title Objections. SELLER shall have thirty (30) days to attempt to cure and remove the PURCHASER'S Title Objections(hereinafter"Cure Period"), It is understood by the parties that SELLER shall have no obligation to incur costs or initiate legal proceedings to address PURCHASEWS Title Ob cctions. In the event that SELLER is unable to j PURCI IASE AND DEVELOPi\lf,'NT,\CjRl-'[,-i,IEN-r Page 3 of 77 cure and remove,or cause to be cured and removed, the PURCI,IASER'S Title Objections within tile Cure Period to the satisfaction of'PURCIASER.then PURC HA SE R, in PU RCHASE R'S sole and absolute discretion,shall have the option or(i) cx(ending the Cure Period and the Closing for one additional thirty(30)day period-or(ii)accepting the Title to the Properly as or the time of Closing or(iii)canceling and terminating this Agreement, in which case,(lie Deposit, i r any, shall be returned to PURCHASER and the Pat-ties shall have no further obligations or liability hereunder,except fior those expressly provided herein to survive termination of'this Agreement. Prior to the Closing. PURCI IASER shall have(lie right to cause the Title Company to issue an updated Title Commitment("Title Update")covering(lie Property. lFany Title Update contains any conditions which did not appear in the Title Commitment,and such items render title unmarketable, PURCI IASER shall have the right to object to such new or different conditions in writing prior to Closing. All rights and objections of the Parties with respect to objections arising from the Title Update shall be the same as objections to items appearing in the Title Commitment, subject to the provisions of this Section. T3 Survey Review. PURCHASER.at PURCHASEWS,expense, may obtain a current boundary survey(the"Survey'')ofthe Properly,indicating the number of acres comprising tile Property to the nearest 111 00th o,f an acre. I f the Survey discloses that there are encroachments on the Property or (lint improvements located on time Properly encroach on setback lines, casements, hands of'others or violate any restrictions,covenants of this Agreement. or applicable governmental regulations. [lie same shall constitute a title defect and shall be governed by tile provisions of Section 7.2 concerning title objections. 8< CONDITIONS TO CLOSING. PURCI JASER shall not be obligated to close oil the purchase of the Property unless each of the following conditions(collectively,the"Conditions to Closing*')are either fulfilled or waived by PURCHASER in writing: 8.1 Representations and Warranties. All of the representations and warranties of SELLER contained in this Agreement shall be true and correct as ol'Closing. 8.2 Condition of Property. The Property is being sold in as-is condition. 8.3 Pendigg Proceeding At Closing. there shall be no litigation or administrative agency or other governmental proceeding of'any kind whatsoever. pending or threatened, regarding the Properly.which has not been disclosed, prior to closing,and accepted by PURCHASER. 8.4 Compliance with Laws and Regulations. The Property shall be in compliance with all applicable federal. state and local laws, ordinances. rules, regulations, codes, requirements. licenses, permits and authorizations as or the date of Closing, 9. CLOSING DOCUMENTS. The SELLER shall prepare, or cause to be prepared. the Closing Documents set Cortin in this Section, except for documents prepared by the Title Company. At Closing. SELLER shall execute and deliver,or cause to be executed and delivered PUM IASL;AND ISE M-OPIVIENT AGRFEMENT Page V77 to FURCI IASER (ic following documents and instruments: 9.1 Deed, A Special Warrant),Deed (the-Deed")conveying to PURCHASER valid, good, marketable and insurable 1ec simple title to the Property firce and clear or all liens. encumbrances and other conditions or title other than [lie Permitted Exceptions. consistent with Section 6 orthis Agreement, 9.2 Seller's Affidavits. SELLER shall furnish to PURCHASER an owner's affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against the Property under the applicable construction lien lalv;and that there are no parties in possession of the Property other than SELLER. SELLER shall also Jumish to PURCHASER as non-foreign affidavit with respect to tile Property. In the event SELLER is unable to deliver its affidavits referenced above or any other document reasonably required by the Title Company,the same shall be deemed an uncured Title Objection. 9.3 Closing Statement. A closing statement setting forth the Purchase Price,.all credits, adjustments and prorations between PURCHASER and SELLER. all costs and expenses to be paid at Closing,and the net proceeds due SELLER. 9.4 Corrective Documents. Documentation required to clear title to the Property of-all liens,encumbrances and exceptions, if any. other than Permitted Exceptions, 9.5 Additional Documents. Such other documents as PURCI IASER or the Title Company may reasonably request that SELLER execute and deliver, and any other documents required by this Agreement or reasonably necessary in order to close this transaction and crFectuate the terms of this Agreement. 10, PRORATIONS, CLOSING COSTS AND CLOSING PROCEDURES. 10.1 11rorations. Taxes and assessments.if any. for the Property shall be prorated through the day before Closing. Cash at Closing shall be increased or decreased as may be required by prorat ions to be made through the day prior(o Closing. Taxes shall be prorated based upon tile current year's tax with due allowance made For Maximum allowable discount, If Closing occurs at a date when tile current year*s millage is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. if current year's assessment is not available, (lien taxes will be prorated on prior year's tax. A tax proration based on an estimate shall,tit request of either party. be readjusted upon receipt of tax bill, 10.2 Closing Costs. PURCHASER shall pay for documentary stamps on tile deed, recording the deed and all general closing expenses(settlement fee. courier fees,overnight packages. e(c.). Each party shall be responsible for their own attorneys* fees. The PURCHASER shall be responsible for the payment or the survey and the title insurance searches and policies, 10.3 Closina Procedure, PURCHASER shall fund the Purchase Price subject to the credits, offsets and prorations, set Forth herein. SELLER and PURCHASER (as applicable) shall execute and deliver to the Closing Agent designated by PURCHASER, the Closing PURCHASL AND DEVELOPMENTAGREENIENT Pnge 5 of 77 Documents, Tile Closing Agent shall,at Closing,deliver the Closing Documents and a"marked- up" Title Commitment to PURCHASER, and promptly thereafter, record (fie Deed and other recordable Closing Documents in ilia appropriate public records. IOA Existing MgqgMsand Other Liens. At Closing. SELLER shall obtain. or cause to be obtained, satisfaction or release of record or all mortgages, liens and judgments applicable to and encumbering the Property. 11, REPRESENTATIONS. COVENANTS AND WARRANTIES, 11.1 Seller's Representations-and Warranties. SELLER hereby represents, covenants and warrants to PURCHASER, as of(lie Effective Date and as of the Closing Date. as Follows: 11.2 Authority. The execution and delivery of this Agreement by SELLER and the consummation by SELLER of the transaction contemplated by this Agreement are within SFIA-ER'S capacity and all requisite action has been taken to make this Agreement valid and binding oil SELLER in accordance with its terms,"rhe person eXCCLIting this Agreement on behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER.and this Agreement represents a valid and binding obligation ofSEI,L[--,R, 11.3 Litle. SELLER is and will be on the Closing Date,the owner of valid,good, marketable and insurable Fee simple title to the Property. free and clear of all liens.encumbrances and restrictions oFany kind.except the Permitted Exceptions(and encumbrances orrecord which Will be discharged at Closing). 12. DEFAULT. 12.1 Purchaser's PgfhUlt, In the event that this transaction fails to close solely due to PARC!IASERs refusal to close, and such failure to close is not a result of' SELLER'S default or a title/survcy defect, subject to the provisions of Paragraph 12.3 below, SELLER may terminate this Agreement and be entitled to retain the Deposit. following which neither PURCHASER nor SEI...LER shall have any further obligations or liabilities tinder this Agreement, except for those expressly provided to survive the termination of this Agreement: provided, however,that VURCFIASER shall also be responsible for the removal orany liens asserted against the Property by persons claiming by. through or under PURCHASER, The failure of PURCI IASC-R to comply with the provisions set forth in this Agreement S11311 Constitute a Default and Breach of this Agreement. 12.2 Scllcr*s Default. In the event that SELLER shall fail to fully and timely perform any of its obligations or covenants hereunder or if any of SELLER'S representations are untrue or inaccurate. then, notwithstanding anything to the contrary contained in this Agreement. PURCHASER may. at its option: (1)declare SELLER in default under this Agreement by notice delivered to SELLER, in which event PURCHASER may (i) seek an action for specific performance; or (ii) terminate this Agreement, wherein the full deposit shall be returned to PURCHASER and neither Party shall have any further rights hereunder. CON421 PURCHAsr AND DEVE 1-0111MENT AGREUNIEN1 Page 6 of 77 12.3 Notice or Default. Prior to declaring a default and exercising the remedies described herein, the non-defaulting Party shall issue a notice of default to the defaulting Party describing the even( or condition of default in sufriciem detail to enable a reasonable person to determine the action necessary to cure the defauh. The defoulting, Party shall have fifteen (15) days From delivery or itic notice during which to cure the default. provided, however, that as to n failure to close, Elie cure period shall only be three (3) Business Days from the delivery ornotice. Both parties agree (hat if an extension is requested. such extension shall not be unreasonably withlield. Ifthe default has not been cured within the aforesaid period, ilic non-defaulting Party may exercise the remedies described in this Section 12. 12A Survival. The provisions of this Section 12 shall survive the termination of this Agreement. 13. NOTICES. All notices required in this Agreement must be in writing and shall be considered delivered when received by certified mail,return receipt requested,or personal delivery to the following addresses: If to Seller: Boynton Beach Community Redevelopment Agency Interim Executive Director.Michael Simon 710 N. F cderal 1-1 ighway Boynton Beach, Florida 33435 Willi it copy to; Tara Duliy, Esq. Lewis, Longman & Walker. P.A. .5I 5 North Flagler Drive Suite 1500 West Palm Beach, Florida 33401 If to Buyer: William Morris Ocean One Boynton, LLC 777 E. Atlantic Avenue, 4'100 Delray Beach, FL 33493 Mr. Davis Carnalier 1629 K Street N.W. Suite 1200 Washington, DC 20006 Mr. Michael Ross 9804 S. Militaryl-raii Suite El I Boynton Beach. FL 33136 PURCHASE AND DEVELOPNIFNrr AGREUrvill.NT Pag,c 7 o F 7 7 With a copy to: Gary S. Dunay, Esq, Dunay, Miskel and Backman. LLP 14 SE 4"' Street,#36 Boca Raton, FL 33432 14, BINDING OBLIQATION/ASSIGNMENT. The terms and conditions or this Agreement are hereby made binding on, and shall inure to the benefit of. the successors and permitted assigns of(lie Parties hereto. This Agreement may not be assigned, sold. or otherwise transferred to any other entity without prior, written permission by the CRA, which permission shall not be unreasonably Nvithheld. 15, RISK OF LOSS. In the event the condition ofthe Property, or any part thereof, is materially altered by an act or God or other natural force beyond the control of SELLER, PURCI-IASER may elect, as its sole option,to terminate this Agreement and tile parties shall have no further obligations tinder this agreement. or PURCHASER may accept the Property without ,any reduction in the value orthe Property. 16. BROKER FEES. The Parties hereby confirm that neither of them has dealt with any broker in connection with the transaction contemplated by this Agreement, Each Party shall indemnify.defend and hold harmless the other Party firorn and against any and all claims, losses. damages,costs orexpenscs(including,without limitation,attorney's rees)ofany kind or character arising out of or resulting front any agreement,arrangement or understanding alleged to have been made by either Party or on its behalf with any broker or finder in connection with this Agreement. I-lowcvcr, SELLER'S indemnification obligations shall not exceed tile statutory limits provided within Section 7f 8.25, Florida Statutes,and CRA does not otherwise waive its sovereign immunity rights.The provisions ol'this Section shall survive Closing or termination of this Agreement, 17. ENVIRONMENTAL CONDITIONS, To the best of SELLER'S knowledge, the Property and the use and operation thereof are in compliance with all applicable county and governmental laws.ordinances.regUla(ions. licenses,permits and authorizations,including,without limitation,applicable zoning and environmental laws and regulations. In addition.SELLER has not received any notices of any violation of environmental condition or other notices of violation of municipal ordinances, M DEVELOPMENT AND SALE OF THE PROPERTY, SELLER and PURCHASER acknowledge that the Property is being sold to PURCHASER for tile sole purpose ot'developing a mixed-use project at the northeast corner of Boynton Beach Boulevard and Federal Highway. 18,1 Seiler Design Approval. The PURCHASER and SELLER acknowledge, that the SELLER has reviewed the Site Plan and finds the Site Plan acceptable and consistent with the CRA Redevelopment Plan, 18.2 Development Tinicline, The City has approved PURCHASER's Site Plan. PURCHASER agrees to diligently and continuously pursue approval of all other necessary approvals until the first building permit tins been issued for the Development Project. PURCHASE AND DEVELOPMENT AGRIA-MENT Page 8 of 77 PURCHASERagrecs to commence construction of the Development Project within two(2)years from the Effective Date of the Tax Increment Revenue Finance Agreement attached hereto as Exhibit "D," (hereinafter"Construction Commencement Period")Once tile First building permit is issued for the Development Project, PURCI-IASER agrees to diligently and continuously pursue cornpletion of construction ofthe Development Project.subject to force majeure and other matters beyond the reasonable control of PURCHASER, IrPURCHASER fails to commence construction within the timerrame set l'brth herein, PURCHASER shall be obligated to commence construction ol'a public plaza (the -Pla7a")on the Property containing benches, walkways and landscaping in accordance with Exhibit"E," attached hereto and made a part hereof by reference no later than twelve (12)months after the expiration of the Construction Commencement Period. 'File Special Warranty Deed shall include a restriction consistent with the requirements of this Section in a form substantially in accordance with Exhibit"C"attached hereto. 183 Survival, The provisions ofthis Section 18 shall survive the termination of this Agreement. 19� MISCELLANEOUS. 19.1 General. This Agreement and any amendment hereto, may be executed it any number of counterparts,cath orwhich shall be deemed to be an original and till ofwIlich shall, together. constitute one and Elie some instrument. The section and paragraph headings herein contained are ]or the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment or this Agreement shall be of any force or effi!ct unless in writing executed by Parties. This Agreement sets Forth the entire agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between tile Parties. This Agreement shall be interpreted in accordance with the laws of tile State of Rod& The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in (lie Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, should any cause of action be limited to redcral jurisdiction only, in the United States District Court for the Southern District Court of Florida. 19.2 Computation of Time. Any reference herein to time periods which are not measured in Business Days and which are less than six(6)days,shall exclude Saturdays,Sundays and legal holidays in the computation thereof. Any time period provided fior in this Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 pm. on the next Ilull Business Day. Time is of Elie essence in the performance or all obligations under this Agreement. Time periods commencing with the Effective Date shall not include the Effective Date ill the calculation thereof, For purposes of this Agreement. Business Days shall mean Monday through Friday but shall exclude state and federal holidays. 19.3 Waiver. Neither(lie failure ora party to insist upon strict performance of any of Elie terms. provisions. covenants,agreements and conditions licreof. nor the acceptance of any item by a party with knowledge or a breach or this Agreement by the other party in the performance of their respective obligations hereunder, sliall be deemed a waiver of any riollts or PURCHASE AND DEVELOPMENT AGREEMENT Pap9ol-77 Z� remedies (lint a party may have or a waiver of any Subsequent breach or default in tiny Of such terms, provisions, covenants,agreements or conditions. This paragraph shall survive termination ofthis Agreement and the Closing. 19.4 Construction of Agreement. ']'he Parties to this Agreement, through counsel, have participated freely in[lie negotiation and preparation hereof.Neither this Agreement nor any amendment hereto shall be more strictly construed against any ol'the Parties. AS used in this Agreement or any amendment hereto, the masculine shall include the feminine, the singular shall include the plural, and the Plural shall include the singular. as the context may require. Provisions of this Agreement that expressly provide that they survive the Closing shall not nierge into the Dee& 19.5 Severability, If any part ol'this Agreement shall be declared unlawful or invalid,the remainder of the Agreement will continue to be binding upon the pailies so long as the rights and obligations of the Parties contained in this Agreement are not materially prejudiced and the intentions orthe Parties can continue to be achieved. To that end. this Agreement is declared severible.. The provisions of this Section shall apply to any amendment ol'this Agreement. 19.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement and initiated by CRA and SELLER shall control all printed provisions in conflict therewith. 19.7 Waiver of Jury Trial, As an inducement to PURCHASER agreeing to enter into this Agreement, PURCHASER and SELLER hereby waive trial by jury in any action or proceeding brought by either party against the other party pertaining to any matter whatsoeverarising Z7 out of or in any way connected with this Agreement. 19.8 Attornevs Fees and Costs. Should it be necessary to being an action to enforce any of the provisions or this Agreement, reasonable attorneys' rees and costs, including those at the appellate level,shall be awarded to[lie prevailing party. 19.9 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behall'of the CRA and SELLER has full right and lawful authority to execute this Agreement and to bind and obligate the party ror whom or on whose behalf lie or she is signing with respect to all provisions contained in this Agreement. 19.10 Recording. This Agreement may be recorded in the Public Records of Palm Beach County. Florida. 19.12 SELLER Attorneys' Fees orad Costs. SELLER acknowledges and agrees that SELLER shall be responsible for its own attorneys* secs and all costs, if any, incurred by SELLER in connection Nvith the transaction contemplated by this Agreement. 19.13 Public Records, SELLER—is public agency subject to Chapter 119, Florida Statutes.The PURCHASER shall comply with Florida's Public Records Law.Specifically, the PURCHASER shall: 4k;N 4 PURCHASE AND DEVELOPMCNT AGREGMENT Page 10 of 77 a. Keep and rn a intain public records that ordinarily and necessarily would be required by the SF-LLER in order to perform the service-, b. Provide the public with access to such public records on the same terms and conditions that the SELLER would provide the records and at a cost that does not exceed that provided in chapter 119. Fla. Stat.,or as otherwise provided by la8%; c. Ensure that public records that are exempt or that are confidential and exempt firom public record requirements are not disclosed except as authorized by law;and cl. Meet all requirements for retaining public records and transfer to[lie SELLER,at no cost,all public records in possession or the PURCHASER upon termination of the contract and destroy any duplicate public records that arc exempt or confidential and exempt, All records stored electronically Must be provided to the SELLER in a rormal that is compatible with the inrormation technology systems of(lie SE.I.I.r.R. IF PURCHASER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PURCHASER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561) 737-3256; 710 North Federal Highway, Boynton Beach, FL 33435; or BovntonBcachCRMbbbfl,us. 19,14 Right oft'irst Rerusal. a. Prior to a"Termination Event"(as del tried below)Purchaser hereby grants to Seller a right or first itfusaI to purchase the Property pursuant to the terms and conditions set lbrth in this Section 19.14("Right of First Refusal")„ (i) If Purchaser receives an orfer to purchase the Property as part of a separate and isolated transaction and not as part of an offer to purchase the Property in conjunction with any other parcel owned by Purchaser or an affiliate of Purchaser, pursuant to a written contract or letter or intent, Purchaser shall give Seller notice ol'the offler by delivering a copy of the contract or letter of intent to Seller("Notice"). (ii) Upon receipt of Notice,Sellci-slial)place the Notice on the next regularly scheduled CRA Board meeting. Within rive (5) days of the CRA Board meeting where the Notice is considered. Seller shall either waive or exercise its right of first refusal. If Seller elects to exercise its right of'first refusal.Seller shalL within ten(1 0)days alter receipt or the Notice, deliver to Purchaser an agreement to purchase the Property for ten(10)dollars and an amount equal to the cost of any improvements made to tile Property by Purchaser and upon receipt by the Purchaser of the #,, ,§, PURCHASE AND DEVELOPMENT AGRIELMENT Page I I of 77 roregoing from the Seller. Purchaser and Seller shall enter into a purchase and Sale Agreement. (iii) If Seller rails to exercise or waive its right of rirst refusal in accordance with the terms and conditions stated herein, within ten(10)days after receipt orthe Notice, (lien Seller's right of first rcrusal shall be deemed to have been waived. b. This Right or First lZerusal shall tcrminn(c upon the issuance of a certificate of occupancy, certificate of completion or other equivalent certification fior the Development project issued by (lie applicable governmental authority for improvements made to the Property (a "Termination Event"). Upon a Termination Event, this Right of First Refusal shall terminate and have no further force or effect. c. This Right of First Refusal shall only apply to an offer to purchase the Properly as a separate and isolated transaction and shall not apply to any offer received by Purchaser to purchase the Property in conjunction with any other Property owned by Purchaser or an affiliate of' Purchaser. d. Additionally.this Right of First Refusal shall not apply to: (i) a sale or transfer by nny bank. life insurance company, federal or state savings and loan association or real estate investment trust which acquires title to tile Property as a result of'owning,a mortgage upon the Properly or a portion of the Property and whether title is acquired by deed From the mortgagor or its successors in title or through foreclosure proceedings; (ii) a sale by any such institution which so acquires title; (iii) a sale or transfer of interests in the Property or to Purchaser to a partnership,joint venture or other business arrangement over which Purchaser shall retain management control or shall be a partner. member or joint venturer or other substantial interest holder; or (iv) any transfer or title to the Property or portion thereof at a duly advertised public sale with open bidding which is provided by law,such as but not limited to execute sale, foreclosure sale,j Lid ic ia I sale or(ax sale. e. The provisions of this Section 19.14 shall survive closing and delivery ofthe deed of conveyance of the Property and notice of Seller's rights hercundershall be recorded in the public records of'Palm Beach County, Florida pursuant to a Memorandum of Right of First Refusal.The Mernorandurn and[lie rights under(his paragraph shall terminate automatically and without Further action upon a Termination Event. PURCHASE AND DE"VELt1PMEN f AGM EMUNI Pao-c 12 of 77 IN WITNESS WHEREOF, the Parties have CXCCLIted this Agreement as of the Effective date. BUYER SELLER OCEAN ONE BOYNTON, LLC BOY NTON B EACI I COM M UN ITY RLDEV7E-L 'M - T AG- CY Y_' By: Print Numc: wt pa- Print Narne-, Steven B.Grant Title: 411�4_- Title: Chair Date: it Date: Witnesses: Witnesses: is e to m n rtegmsunicicncy: C PURCHASE AND DEVELOIWENT AGREEMENT Page 13 of 77 LEGAL DESCRIP'rION LOTS 1 AND 2, EXCEPT THE EAST 25-00 FEET THEREOF AND EXCEPT THE WEST 25.00 FEET THEREOF,AS SHOWN UPON THE PLAT ENTITLED"AGREEMENT PLAT ,SHOWING PROPERTY IN THE NORTHWEST QUARTER(N.W. 114)OF THE NORTHWEST QUARTER (N.W. 1/4)OF SECTION 27, TOWNSHIP 45 SOUTH,RANGE 43 EAST, IN THE TOWN OF BOYNTON BEACH, FLORIDA,WHICH PLAT IS RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY,FLORIDA, IN PLAT BOOK 10,PAGE 2;LESS RIGHT OF WAY CONVEYED TO THE STATE OF FLORIDA,AS MORE PARTICULARLY DESCRIBED IN OFFICIAL RECORD BOOK 564, PAGE 160,PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY,FLORIDA, SUBJECT TO RESTRICTIONS,RESERVATIONS,EASEMENTS AND COVENANTS OF RECORD,IF ANY, TO THE EXTENT THAT SAME ARE VALID AND ENFORCEABLE, DESCRIPTION:(TAKEN FROM SPECIAL WARRANTY DEED DATED OCTOBER 3, 1964 IN OFFICIAL RECORD BOOK 564, PAGE 180) LOTS I AND 2,AGREEMENT PLAT,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10 AT PAGE 2 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA:BEING ALSO DESCRIBED AS LOTS I AND 2,FUNK BROS.ADDITION PER PLAT BOOK 2,PAGE 13;WHICH LIES WITHIN 50.00 FEET EASTERLY OF THE WEST LINE OF SECTION 27,TOWNSHIP 45 SOUTH,RANGE 43 EAST; AND THAT PART OF THE AFOREMENTIONED LOT 1 OF AGREEMENT PLAT,WHICH IS INCLUDED IN THE EXTERNAL AREA FORMED BY A 12 FOOT RADIUS ARE TANGENT TO THE NORTH LINE OF SAID LOT (BEING 15,00 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID SECTION 27),AND TANGENT TO A LINE 50.00 FEET EAST OF AND PARALLEL TO THE WEST LINE OF SAID SECTION 27. SUBJECT TO THE EXISTING RIGHT-OF-WAY FOR STATE ROAD 5;SAID PARTS CONTAINING 0.062 OF AN ACRE,MORE OR LESS. AND LESS AND EXCEPT ADDITIONAL ROAD RIGHT OF WAY FOR N.E.2ND AVENUE,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 1,AGREEMENT PLAT,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 10,PAGE 2 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA:THENCE RUN SOUTH 89 DEGREES 45'09'EAST ALONG THE NORTH LINE OF SAID LOT 1,A DISTANCE OF 37,28 FEET TO A POINT ON THE SOUTH RIGHT OF WAY UNE OF N.E. 2ND AVENUE AS NOW LAID OUT AND THE POINT OF BEGINNING;THENCE CONTINUE SOUTH 89 DEGREES 45'09- EAST ALONG SAID SOUTH RIGHT OF WAY LINE AND ALONG THE NORTH LINE OF PURCI IASE AND DEVELOPMENTAGRFEMENT Page 14 of 77 LOT 1,A DISTANCE OF 254.12 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF N.E.6TH COURT AS NOW LAID OUT;THENCE RUN SOUTH 01 DEGREES 23'W EAST,ALONG SAID WEST RIGHT OF WAY LINE,A DISTANCE OF 54.89 FEET TO A POINT OF CURVATURE,CONCAVE TO THE NORTHWEST SAID CURVE HAVING A RADIAL BEARING OF SOUTH 88 DEGREES 36, 94°WEST; THENCE RUN ALONG THE ARC OF SAID CURVE TO THE LEFT A DISTANCE OF 40.02 FEET TO THE POINT OF TANGENT, SAID CURVE HAVING A RADIUS OF 25-00 FEET,A CENTRAL ANGLE OF 91 DEGREES 42'50',A CHORD BEARING OF NORTH 47 DEGREES 15'21"WEST AND A CHORD DISTANCE OF 35.88 FEET:THENCE RUN SOUTH 66 DEGREES 53' 14'WEST,A DISTANCE OF 41,94 FEET TO A POINT;THENCE RUN NORTH 76 DEGREES 26'58'WEST,A DISTANCE OF 50,34 FEET; THENCE RUN NORTH 89 DEGREES 45'09' WEST, A DISTANCE OF 129.70 FEET TO A POINT OF CURVATURE CONCAVE TO THE SOUTHWEST THENCE RUN ALONG THE ARC OF SAID CURVE TO THE LEFT A DISTANCE OF 31.87 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF STATE ROAD NO.5(FEDERAL HIGHWAY)AS NOW LAID OUT;SAID CURVE HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 91 DEGREES 17'55',A CHORD BEARING OF SOUTH 44 DEGREES 35-53'WEST AND A CHORD DISTANCE OF 28.60 FEET,THENCE RUN NORTH 01 DEGREES 03'04'WEST ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 29.69 FEET TO A POINT OF CURVATURE TO THE NORTHEAST;THENCE RUN ALONG THE ARC OF SAID CURVE TO THE RIGHT A DISTANCE OF 19.12 FEET TO THE POINT OF BEGINNING, SAID CURVE HAVING A RADIUS OF 12.00 FEET,A CENTRAL ANGLE OF 91 DEGREES 17-55',A CHORD BEARING OF NORTH 44 DEGREES 36 54- EAST AND A CHORD DISTANCE OF 17,16 FEET, PURCHASE AND DEVELOPMENT AGRE�EMENT Page 15 Df 77 SCI I I B 11'*,B*' DEVELOPMENTPROJECTSITS, PLAN P(JRCJ JASE AND DEVELOPNILN- TAGREENIENT Page 16 of 77 4W-4 US JVGHWAY 16 t tip k I oil _71 Q +— i­ r iTi .11 .,.;1 lot NAN "Rikii 6&w- PIP Ocean One COHEN -FREEDMAN-EN SA ASSOC U R FEMUL HOWAY.BOYNTM WEACK FL Architmis, PA *w xw.a"s� u&mw Lautrmew %" sa rw PURCI IASL AND DEVELOPMEN FAGREEMENT Page 17 of 71 EXIIIBII"'C'* SPECIAL WARRANTY DEED PURCHASE AND DEVELOPMENI'AGREEMENT Page 18 of 77 RECORD& RETURN TO; Gary S. Dunay, Esq. DLmay, Miskel and Backman. LLP 14 SEW`Street,#36 Boca Raton, FL 33432 Property Control No. SPECIAL WARRANTY DEED This Indenture, made this day of Between Boynton Beach Community Development Agency, a public agency created pursuant to Chapter 163.Part fit ofthe Florida Statutes.having,a mailing address of 710 N.Federal Highway. Boynton Beach. FL 33432, Grantor and a , having a mailing address of 1629 K Street. NW Suite 1200. Washington, DC 20006 .Grantee, WI'f`Nl';SSETl 1, that the Grantor for and in consideration of the surn oCTEN DOLLARS 10,00)and other good and valuable consideration to Grantor in]land paid by Grantee,the receipt whereof is hereby acknowledged. has granted, bargained and sold to the said Grantee and Grantee's heirs, successors and assigns forever, tile Following described land, situate, lying and being in the County of Patin Beach, State or Florida(tile-Property"),to wit: SISI~ EX1IIBIT'*A"ATfACIIE'D HERETO The Property conveyed herein is subject to the following0 restriction: The Property set forth on Exhibit"A"sli all be included with the adjacent property already owned by Grantee as referenced on Exhibit-B"and together are hereinafter collectively referred to as the "Project." Grantee has received approval from the City of Boynton Beach for the site plan. attached hereto as Exhibit '°C," (hereinafter (lie "Project") and shall diligently and continuously undertake commercially reasonable efforts to obtain all necessary approvals for the Project from the City of Boynton Beach. Florida. Grantee shall commence construction for the development or tile Prcjcct 'within twenty-Four (24) months from the Effective Date of`the Tax Increment Revenue Funding Agreement attached hereto as Exhibit -D." (the "Construction ? Commencement Period"). For purposes of this Special Warranty Deed. the term "commence construction"'shall mean obtaining an official permit in hand for any of the construction activities contained herein and beginning to actually demolish.excavate or prepare tile site for development of the applicable phase of the Project in accordance with the City Code and continuing until completion of construction of tile Project or Phase ol'the Project as applicable in accordance with the Florida Building Code. PURCHASE AND DI"I'VFLOPNIFNI AGREOVILN"I' Page 19 of 77 In the event Grantee flails to commence construction for the development of[lie Project as provided for above, Grantee shall be obligated to commence construction of public plaza (the "Plaza") on the Property containing benches, walkways, landscaping, irrigation and lighting in accordance with the provisions of Exhibit "E. Notwithstanding the foregoing, ifal any time therenfiter, Grantee commences construction or the Project in accordance with the site plan approved by (lie City of Boynton Beach.. Grantee may abandon construction of. or demolish the construction of the Plaza in order to construct the Project. Once the Project has been substantially completed. this restriction shall terminate and be of no further force or effect. TOGETI IEE with all tenements.hereditaments and appurtenances thereto belonging or in anywise appertaining. TO I JAVE AND TO HOLD the same in fee simple rorever. AND the Grantor hereby covenants Nvilb said Grantee that Grantor is lawliully seized of said land in fee simple; that Grantor has good right and lawful authority to sell and convey said land;that Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims oral) persons claiming by,through or under Grantor. IN WITNESS WHEREOF,the Grantor has hereunto set his hand and seal the day Lind year I irst above written. Signcd, scaled and delivered in the presence of', Boynton Beach Community Development Agency By: Witness#1 Signature Name: Title: Witness 41 Printed Name Witness#2 Signature Witness#2 Printed Name PURCI IASE AND DEVELMMEN YAGRUMENT Page 20 of 77 STATE OF FLORIDA COUNTY OF PALM BI ACI I The roregoing instrument was acknowledged before me this day of by as of Hoynlon Beach Community Development -Agency' who is personally known to me or who produced a driver's license as identification, Notary Public PURCHASE AND DEVULOPINIENT AGREEMENT Page 21 of 7r SPECIAL WARRANTY DEED EXHIBIT"A" LEGAL DESCRIPTION OF PROPERTY LOTS 1 AND 2, EXCEPT THE EAST 25.00 FEET THEREOF AND EXCEPT THE WEST 25.00 FEET THEREOF,AS SHOWN UPON THE FLAT ENTITLED"AGREEMENT PLAT',SHOWING PROPERTY IN THE NORTHWEST QUARTER (N.W. 114) OF THE NORTHWEST QUARTER (N.W. 114) OF SECTION 27, TOWNSHIP 45 SOUTH, RANGE 43 EAST, IN THE TOWN OF BOYNTON BEACH, FLORIDA,WHICH PLAT IS RECORDED IN THE OFFICE OF THE CLERIC OF THE CIRCUIT COURT IN RNLI FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 10,PAGE 2; LESS RIGHT OF WAY CONVEYED TO THE STATE OF FLORIDA,AS MORE PARTICULARLY DESCRIBED IN OFFICIAL RECORD BOOK 564, PAGE 180, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA„ SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. SUBJECT TO RESTRICTIONS,RESERVATIONS, EASEMENTS AND COVENANTS OF RECORD, IF ANY, TO THE EXTENT THAT SAME ARE VALID,AND ENFORCEABLE. DESCRIPTION: (TAKEN FROM SPECIAL WARRANTY DEED DATED OCTOBER 3, 1960 IN OFFICIAL RECORD BOOK 564, PAGE 180) LOTS 1 AND 2, AGREEMENT PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN FLAT BOOK 10 AT PAGE 2 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; BEING ALSO DESCRIBED AS LOTS 1 AND 2, FUNK.BROS.ADDITION PER PLAT BOOK 2, PAGE 13;WHICH LIES WITHIN 59.90 FEET EASTERLY OF THE WEST LINE OF SECTION 27,TOWNSHIP 45 SOUTH RANGE 43 EAST; AND THAT PART OF THE AFOREMENTIONED LOT 1 OF AGREEMENT PLAT,WHICH IS INCLUDED IN THE EXTERNAL AREA FORMED BY A 12 FOOT RADIUS ARE TANGENT TO THE NORTH LINE OF SAID LOT (BEING 15.00 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID SECTION 7), AND TANGENT TO A LINE 50.00 FEET EAST OF AND PARALLEL TO THE WEST LINE OF SAID SECTION 27. SUBJECT TO THE EXISTING RIGHT-OF-WAY FOR STATE ROAD 5; SAID PARTS CONTAINING 0.062 OF AN ACRE, MORE OR LESS. AND LESS AND EXCEPT ADDITIONAL ROAD RIGHT OF WAY FOR N.E. 2ND AVENUE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 1,AGREEMENT PLAT,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 10,PAGE 2 OF THE PUBLIC RECORDS OF PALMI BEACH COUNTY, FLORIDA:THENCE RUN SOUTH 89 DEGREES 45'09"EASTLONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 37.28 FEET TO A POINT ON THE SOUTH RIGHT PURCHASE:AND DEVELOPMENT OPMENT AGR[:EA ENT Tugs 22 of 77 OF WAY LINE OF N.E. 2ND AVENUE AS NOW LAID OUT AND TIME POINT OF BEGINNING; THENCE CONTINUE SOUTH 69 DEGREES 45' 09" EAST ALONG SAID SOUTH RIGHT OF WAY LINE AND ALONG THE NORTH LIFE OF LOT 11 A DISTANCE OF 254.12 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF N.E.6TH COURT AS NOW LAID OUT,THENCE RUN SOUTH 01 DEGREES 23' 55" EAST, ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF K89 FEET TO A POINT OF CURVATURE, CONCAVE TO THE NORTHWEST SAID CURVE HAVING A RADIAL BEARING OF SOUTH 88 DEGREES 36' 04`WEST, THENCE RUNT ALONG THE ARC OF SAID CURVE TO THE LEFT A DISTANCE OF 40.02 FEET TO THE POINT OF TANGENT, SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 91 DEGREES 42' 50", A CHORD BEARING OF NORTH 47 DEGREES 15' 21" WEST AND A CHORD DISTANCE OF 35.88 FEET; THENCE RUN SOUTH 86 DEGREES 53' 14' WEST, A DISTANCE OF 41.94 FEET TO POINT,THENCE RUN NORTH 76 DEGREES 26'58'WEST,A DISTANCE OF 50,34 FEET;THENCE RUN {NORTH 89 DEGREES 45' 09" WEST, A DISTANCE OF 129.79 FEET TO A POINT OF CURVATURE CONCAVE TO THE SOUTHWEST;THENCE RUIN ALONG THE ARC OF SAID CURVE TO THE LEFT A DISTANCE OF 31.87 FEET TO A POINT ON THE EAST DIGHT OF WAY LIME OF STATE ROAD NO. 5 (FEDERAL HIGHWAY)AS NOW LAID OUT;SAID CURVE HAVING A RADIUS OF 29.60 FEET, A CENTRAL ANGLE OF 91 DEGREES 17' 55%A CHORD BEARING OF SOUTH 44 DEGREES 35' 53" WEST AND A CHORD DISTANCE OF 28.60 FEET; THENCE RUN NORTH 61 DEGREES 03'04"WEST ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 29.69 FEET TO A POINT OF CURVATURE TO THE NORTHEAST, THENCE RUN ALONG THE ARC OF SAID CURVE TO THE RIGHT A DISTANCE OF 19.12 FEET TO THE POINT OF BEGINNING,SAID CURVE HAVING A RADIUS OF 12.00 DEET, A CENTRAL ANGLE OF 91 DEGREES 17' 55", A CHORD BEARING OF NORTH 44 DEGREES 35' 54" EAST AND A CHORD DISTANCE OF 17.16 FEET. o'+X. rA i PURCH j1S17 AND DIWFLOPMENT AGREEMENT Pap 23 of 77 SPECIAL WARRANTY DEED EXHIBIT"B" GRANTEE'S EXISTING PROPERTY Lot 4 1.DEWEY*S SUBDIVISION,according to the Plat thereof.as recorded in Plat Book 1, at Plage 37, of'the Public Records of Palm Beach County. Florida, less and except tile East 25 feet and less and except that part lying within 50 feet of the West line of Section 27,Township 45 South,Range 43 East, Palm Beach County,Florida,and Further less and except that part lying within 45 feet of the center line of'State Road 804 and also lurther less and except that part included in the external area of a 10 foot radius arc which is tangent to a line parallel to and 25 reel West of the East line or Lot 41 and to a fine parallel to and 45 lett North ol'the center line of State Road 804; said lands situate. lying and being in Palm Beach County, Florida. Lots 3 through G. inclusive, FUNK BROTHERS ADDITION. according to [lie Plat thereof, as recorded in Plat Book 2. at Page 13. of the Public Records of'Palm Beach County, Florida, less and except the East 25 reel and the West 50 1'ect thereof, for Road Rights of Way; said lands situate, lying and being in Palm Beach County, Florida. ill accordance with Agreement Plat(Plat Book 10, Page 2), PURCHASE AND DEVELOPMENTAGREEMLN1 Page 24 of 77 SPECIAL WARRANTY DEED EXHIBIT"Cj$ PROJECT SITE PLAN PURCI 1ASE AND DEVELOPMENT ACR[:liMEN f Page 25 or77 us W"Ay 1b I F Ylt p Mij I x I � off of t OF R'G 9"IA 377 I I 1 > COHEN-FREEDMAN•ENCINOSA & ASSOC I Ocean fine na 1t HOMAY. FL Arcb!W4 PA x Uft wm uuali cat PURCHASE AND DLVELOPMENT AGREEMENT Page 26 of 77 SPECIAL WARRANTY DEED EXHIBIT"D" TAX INCREMENT REVENUE FINANCE AGREEMENT PURCHASE AND DEVELOPMENTAGREMENT Page 27 of 77 TAX INCREMENT REVENUE FUNDING AGREEMENT This Tax Increment Revenue Funding Agreement (hereinafter*'Agreement") entered into as ofthe_day of .2 0 17, by and between: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part Ill of the Florida Statutes,(hereinafter referred to as -CRA"). with a business address of 7 10 North Federal Highway, Boynton Beach, Florida 33435, and OCEAN ONE BOYNTON, LLC, a Florida limited liability company, with a business address of c/o Washington Real Estate Partners, LLC, 9804 South Military Trail. Suite F-I I Boynton Beach, FI, 33436(hereinafter referred to as the"Developer"), RECITALS WHEREAS, Developer intends to construct the Project which will include a minimum of 231 multi-family units with related amenities and approximately 8,575 square feet of commercial space as depicted in the Site Plan attached hereto as Exhibit "A," (hereinafter referred to as the -Project"): and WHEREAS, the CRA has determined that the Project Furthers the Boynton Beach Community Redevelopment Plan-,and WHEREAS. Developer has the knowledge, ability, skill. and resources to ellectuate tile construction and development of the Project:and WHEREAS, the CRA has determined that a public-private partnership in which the CRA provides Tax Increment Revenue Funding for the Project will further the goals and objectives of the Community Redevelopment Plan; NOW THERIEFORE, in consideration of the mutual covenants and promises set lbrth herein,the sufficiency of which both Parties hereby ackno\vledge, the Panics Agree as rollows: Section 1. Incorporation. The recitals above and all other information above are hereby incorporated herein as if fully set forth. Section 2. Definitions. As used in this Agreement, the following terms shall have the following meanings, which shall apply to words in both the singular and plural forms of such words: 2.1, "Base Year" mean the base year for determining Tax Increment Revenue from the Project, PURCHASE AND DEVELO—HINT AGREEMr-Wr Page 28 of 77 2.2 "Benchmarks" shall be (fie various percentage thresholds of occupancy of (fie 8,575 commercial/retail space for any year of the Phase I Term as set lbrill in Paragraph 5.1.6. 2.3 "Certificate of Occupancy" means tile certificate issued by the City pursuant to the City of Boynton Beach Building and Zoning Code indicating that a building or structure complies with all applicable City of Boynton Beach Building and Zoning Code requirements and that tile same may be used for(tic purposes stated therein. 2.4. "City" means the City of Boynton Beach, Florida. 2.5. "Commencement of Construction" or "Commence Construction" means obtaining an official permit in ]land for any of the construction activities contained herein and beginning to actually dernolisli. excavate or prepare the site for development of the applicable phase or (lie Project in accordance with tile City Code and continuing until completion of' construction of the [,'reject or Phase or the Project as applicable in accordance with the rJorida Building Code. 2.6 "Community Outreach Partner" means the for-profit or non-prafit group or organization selected by Developer with %vliom Developer shall coordinate on tile issues and obligations in this Agreement pertaining to employment of City residents and jobs for Locally Owned Small Businesses. 2.7 "Contractor" means a general contractor, a Subcontractor or any other business entering into a contract with the Developer related to the construction of the Project or part thereof`. 2.8 "Effective Date" shall mean the date the last party to this Agreement executes this Agreement. 2.9 "Cood Faith Effort" is considered to have been made when the respective parties have used reasonable means to comply with the associated directives and/or provisions set Forth in this Agreement. 2.10 "Grey Shell" means an unfinished interior. lacking heating, ventilating, air conditioning, lighting. plumbing, ceilings. elevators, interior walls, etc. and ready for tenant improvements. 2.11 "Locally Owned Small Businesses" means any business that is wholly owned by individuals Nvho reside in the City. If a business is owned by a corporation, then the corporation most be wholly owned by individuals who reside in the City. 11'(lie business is owned by a partnership or limited liability company,then at least 20%of its partners or members must reside in the City. 2.12 "Minimum Living Wage" means the hourly rate that an individual must earn to support h i 'as or tier Irn i ly if they are tile Sole provider and are working full time(2,080 hours per year) in accordance with Palm Beach County Code Chapter 2. Article IV. Division 3 (the Palm Beach County Living Wage Ordinance).as amended, PURCHASE AND DEVrLOPNIFNT AGREE MENET Page 29 of 77 2.13 "Notionally Recognized High Performance Green Building Rating System" rneans any one of the following: the Florida GrQcn Building Coalition (FGBC) Standards, tile Green Building Initiative's (GBI) Green Globe rating system, tile United States Green Building Council (USGBC) Leadcrship in Energy and Environmental Design (LEED) Standards, or the National Association of Homebuilders(NA 1,113)National Green Building Standards(NGBS), 2.14 "Pledged Project Increment Revenue" means an amount calculated by Multiplying Tax Increment Revenue rrom the applicable phase or the Project by Agreed upon percentage factor as provided for in this Agreement. 2.15 "Property" means the property subject to this Agreernent upon which the Project Z� shall be developed as more particularly described in Exhibit"B," hereto. 2.16 "Site Platt" shall mean the approved Site Plan attached hereto as Exhibit "A." approved by(lie City of Boynton Beach, file # NWSP 16-002, Section 3. Developer's Obligations-and Covenants. 3.1 Construction of the Project. Developer agrees to Commence Construction of the Project within two (2)years orthe Fifrective Date ofthis Agreement. 3.1.1 The Project shall conform to the Site Plan and shall include the following, which shall hereinafter be referred to as Thase I Irnprovements:": It. Developer shall construct a minimum of 231 multi-family residential units with related amenities. b, Developer shall construct a minimum of 8,575 square feet of commercial/retail space; C. Developer shall construct [larking Improvements,conceptually depicted on Exhibit"C,"hereto, consisting,at a minimum of Fifty(50)public parking spaces ("Public Parking") that shall be restricted for public use and that shall not be available to the Phase I residential units. The Parking Improvements may consist ofstructured parking, surface parking. valet parking, mechanical parking. shared parking or any other means as allowed under local city ordinance.Upon completion of the Public Parking. Developer and the CRA shall enter into a Parking Management Agreement to establish the maintenance responsibilities of the CRA for the Public Parking. If a Parking Management Agreement is not negotiated and executed by the Parties within one year of the completion of construction of the Public Parking. either party may request binding arbitration to complete the terms or the Agreement. d. Construction of the multi-fiarnily residential units for the Project shall be in compliance with,qualify for and receive Florida Green Building Certification. PURCHASF AND DEVELOPIMENT AGREEMENT Pale 30 of 77 C. Prior to and during[lie construction of the Project, the Developer shall a I-lire a job placement consultant during the construction period of this Agreement; 0 1-lost a job fair; 0 Give priority to Contractors that are Locally Owned Small Businesses to participate in the construction of Phase I of the Project: 0 Include in all contracts with Contractors requirements that the Contractors use Good Faith EHforts to hire and train City residents to participate in the construction of Phase I ofthe Project; a Provide a list of job positions and descriptions to the Community Outreach Partner and agree to give priority to qualified job applicants referred by the Community Outreach Partner to participate in(lie construction orl'base I of the Project; a Use Good Faith Efrorts to offer permanent job positions resulting frown Phase I ofthe Project to quaJiFied City residents: a Notiry and refer jab training rind job placement opportunities to the Boynton Beach Community High School and South Tech Academy in Boynton Beach in the event each are able and willing to provide such training;and 0 Pay or cause to be paid new hires in all permanent positions residing%Othin the City a minimum ofthe Living Wage. Section 4. Annual 11erformance Report, Developer shall annually provide the CRA with all Annual Performance Report rear the Project indicating the status ai'Developer's compliance with the requirements of this Agreement as set forth in Sections 3 and 5 of this Agreement and evidencing that Developer has paid all property taxes for the Property for the preceding year.Such report must be submitted to the CRA no later than the]as( day or April for the preceding year in a farm substantially in accordance with the torn attached hereto as Exhibit"D." Section i. Certification Requirements. 5.1 As a condition precedent to its receipt oCany P[edged Project Increment Revenue pursuant to[his Agreement: 5.1.1 Developer must have taken all steps necessary to divide the Property into two separate parcels such that the Phase I Property and the Phase 11 Property have been assigned individual Parcel Control Numbers by the Palm Beach County 11'ropeny Appraiser PURCHASE AND DEMLOPMENT AMLL-NU ' Page 31 or77 and these Parec] Control Numbers have been placed on the Palm Beach County tax rolls and assigned taxable Value prior to the Base Year for each Phase; and 5.1.2 Developer must have timely provided its Annual Performance Report providing evidence of compliance with the requirements of this Agreement as set forth below and evidencing that Developer has paid all property taxes for (lie preceding year; and S.1.3 Upon receipt of the Annual Perl'ormanec Report. 2. the CRA shall review and approve the Annual Performance Report at the next available CRA meeting as meeting the requirements in Section 4 above and certifying Developer's compliance with all conditions precedent for receiving Pledged Increment Revenue fetor that Phase 1, which approval shall not be unreasonably withheld - 5.1.4 The CRA [ins received Tax Increment Revenues from the completed Phase I Improvements subsequent to the Base Year;and 5.1.5 Developer shall not be entitled to any Pledged Project Increment Revenue payments i F the Developer fins flai led to meet its obligations under this Agreement or is otherwise in dcl'ault under the terms of this Agreement and has flailed to sufficiently cure the default as provided For herein after appropriate notice of such default has been given. There is no obligation by the CRA to disburse the Direct Incentive Funding during any cure period or in the event the Developer is in default of this Agreement so long as,once a default is cured. Developershall continue to receive their Direct Incentive Fundin- for the Project up to the Pledged Project Increment Revenue and any time periods for performance hereunder shall be extended for the same period oftime needed to cure the default, 5.1.6 Should Developer fail to meet the Benchmarks set below regarding occupancy of 8,575 square feet or commercial/retai) space (the "Commercial/Retail Space") for any year of the Phase I Tenn,Developer's percentage of the Pledged Increment Revenue to be paid to Developer shall be reduced by 10%Ibr that year of Phase I Term. a. Developer Must certify that 25%of the Coin mercial/Retai I Space has been occupied by commercial/retail tenants by at least the third year orthe Phase I Term as defined herein. Once the 2S% threshold is obtained, whether it be in the First, second or third year, the threshold shall be deemed satisfied forever,even if in the future the actual amount occupied thereafter is less than?5%. Accordingly,as long as Developer did not default under any commercial lease and continues in good faith to re-market the property for lease, once the 25% threshold is achieved, Developer shall be entitled to the Pledged Increment Revenue for the year in which the 25% threshold is achieved and each year (hereafter during (lie Phase I Term unless a greater Benchmark is achieved. b. Developer must certify that 50%of the Commercial/Retail Spacc has been occupied by commerciallretaill tenants by at least the sixth year ol-the Phase I Term as defined herein. Once the 50% threshold is obtained, whether it be in any year PURCHASE AND DEVELOPMENTAGREEMENT Page 32 of 77 prior to the end of the sixth year or the Phasc I Term,Elie threshold shall be deemed satisfied forever,even if in the future the actual amount occupied thereafter is less Haan 50%,Accordingly.as long as Developerdid notdchiult underany commercial lease and continues in good faith to re-market the property for lease,once the 50% threshold is satisfied,Developer shall be entitled to[tic Pledged Increment Revenue for(lie year in which the 50%threshold is achieved and each year thereafter during the Phase I Term unless a greater Benchmark is achieved;and c. Developer must certify that 70%of the Commercial/Retail Space has been occupied by the commercial/retail tenants by at least the eighth year of the Phase I Term as defined herein. Once tile 70%threshold is obtained, whether it be in ally year prior to the end of the eighth year of thy: Phase I Term, the threshold shall be deemed satisfied forever,even ifin tile future Elie actual amount occupied thereafter is less than 70%, Accordingly, as long as Developer did not default under any commercial lease and continues in good faith to re-market the property for lease, once satisfied, Developer shall be entitled to the Pledged Increment Revenue for year in which the 70% threshold is achieved and each year thereafter during the Phase I Term. 5.2 Certification. 5.2,1 Dcvclol)ei-shall certify in its Annual Performance Report that it has met its obligation under Section 3.1.1 a. and 3.1.Lb. or this Agreement by providing a Certificate of Occupancy for all residential components of [lie Phase I Improvements and Certificate of Completion for all nonresidential components of the Phase I Improvements rrom the City of Boynton Beach indicating the 100 percent completion of all Phase I Improvements and demonstrating that the taxable value of all Phase I improvements have been placed on the Palm Beach County tax rolls for the Phase I Property. 5.2.2 Developer shall certify in its Annual Performance Report that it has rnet, its obligation under Section 3.).Lc or this Agreement by demonstrating, that it has constructed the Public Parking and by documenting signage and other means by which these Public Parking spaces are clearly reserved for use by the public and excluded from use by multifamily and commercial units that are part of the Project. 5.2.3 Developer shall confirm in its Annual Performance Report that it has met its obligation under Section 3.1.I.d of this Agreement by providing proof of receipt of rlorida Green Building Certification. 5.2.4 Developer shall certify in its Annual Performance Report that it has met its obligation tinder Section 3.1.l.c orthis Agreement by: a. Demonstrating that it hired and utilized the services of a Job placement consultant and by reporting the job placement consultant's activities during construction of Phase I of the Project: b, Demonstrating that it held as jub I'air; and PURCHASE AND DEVELOPNICNI AGRETAIENT Page 33 of 77 C. Requiring all Contractors covered by the terms ol'this Agreement to provide annual copies of its records.reports or any other information necessary to monitor compliance with the provisions of Section 3.1,1 e of this Agreement and require all Contractors to submit annual payrolls to tile Developer that include the following information pertaining to all Locally Owned Small Business hired to work on or for Phase I ofthe Project: name, address and the number of hours worked for the period.until a Certificate of Occupancy is issued for at least 90%of the residential units of Phase I of the Project. Section 6. Pledged Project Increment Revenue. 6.1 Formula and Term. 6.1.1 The amount of' the Pledged Project Increment Revenue to be paid Developer pursuant to this Agreement is based on the rol lowing formula: a. Developer shall receive Pledged Project Increment Revenue for Phase I Improvements for a term of eight (8) consecutive years. beginning (lie year Developer demonstrates it has met all conditions precedent to receiving Pledged Project Increment Revenue as provided in Sections 3, 4, and 5 of this Agreement for the Project and upon final certification of tax assessments within the CRA District by the Palm Beach County Property Appraiser for the preceding year (hereinafter the '*Phase I Term'"). The amount or Pledged Project Increment Revenue due to Developer during the Phase I Term sliall be determined pursuant to the following formula: For Years I — 7 of the Phase I Term, Developer shall receive Seventy-five percent(75%)of the Pledged Project Increment Revenues actually received by the CRA; and For Year 8 of the Please I Tenon,Developer shall receive Fi 11ty percent(50%) of the Pledged Project Increment Revenues actually received by the CRA. b, The Base Year for determining Tax Increment Revenue from the Project shall be as follows: For the Phase I Term,the year prior to commencement of construction of Phase I Improvements on the Property, 6.2 No Prior Pledge or Pledged Project Increment Revenues. 'ne CRA warrants and represents that the Pledged Project Increment Revenues are not the subject of any prior pledge by the CRA and agrees that such revenues shall not be assigned,pledged, hypothecated or secured by the CRA car the period covered by term of this Agreement. PURCUIASL AND DEVELOPNIENTAGREBIENT 11fige 34 of 77 6.3 Form of Payment. Payment of shall be in the form ora CRA check made payable to the Developer. No payment made tinder this Agreement shall be conclusive evidence or the performance of this Agreement by Developer, either wholly or in part. and no payment shall be construed to relieve Developer ofobligations tinder this Agreement or to be an acceptance of faulty or incomplete rendition oi'Developer's obligations under this Agreement. Section 7. Notice and Contact. Any notice or other document required or allowed to be given pursuant to this ALlrecincrit shall be in writing and shall be delivered personally, or by recognized overnight courier or sent by certified mail, postage prepaid, return receipt requested. The use orelectronic communication is not considered as providing proper Notice pursuant to this Agreement. If to CRA,such notice shall be addressed to: Michael Simon. Interim Executive Director Boynton Beach Community Redevelopment Agcncy 710 North Federal 1-1ighway, Boynton Beach, Florida 33435 With a copy to: Tara W. Duhy. Esq. Lewis, Longman& Walker, P.A. 515 North Flagler Drive Suite 1500 West Palm Beach. Florida 33401 1 r to Developer.such notice shall be addressed to- Mr. Michael Ross Ocean One Boynton, LLC c/o Gulfstream Property Management 9804 South Military Trial Suite L-I I Boynton Beach. FL 33436 Mr. William Morris Souilicoast Advisors, LLC 777 E. Atlantic Avenue Suite 100 Delray Beach. FL 33483 F. Davis Carnalier Washington Real Estate Partners 1629 K Street N.W, PURCHASE AND DEVELOPMENTAGREEMENT Page 35 of 77 Suite 1200 Washington, DC 20006 With a copy to: Bonnie Miskel, Esq. Gary S. Dunay, r-sq. Dunay, Miskel and Backman. 1,L1' 14 SE 4"'Street Suite 36 Boca Raton, FL 33432 Section 8. Default. The failure ol'Developer to comply with tile provisions set forth in this Agreement shall constitute a deCaull and breach orthis Agreement. If Developer fails to cure tile default within thirty(30) days of notice fro the CRA. the CRA may terminate this Agreement and all obligations for payment of Pledged Project Increment Revenue to Developer shall cease. Section 9. Termination. Unless earlier terminated pursuant to the terms herein, this Agreement shall automatically terminate upon the last disbursement of Pledged Project Increment Revenue to Developer for the Project,or within two(2)years of the Effective Date if tile Developer has failed to commence construction of the Phase I Improvements subject to farce majeure. Either Party may elect to terminate this Agreement by providing 45 days written notice to tile other Party upon one or more of(lie following occurrences: a. The default or either Party. if such del'ault is not cured within the time prescribed by this Agreement; b. "flie Parties enter into a mutually agreed upon,written Addendum,the effect of which is to terminate this Agreement. Section 10. Miscellaneous Provisions. 10.1 Waiver. Tile CRA shall not be responsible for any property damages or personal injury sustained by Developer from any cause whatsoever related to tile development of the Project, Nybether such damage or injury occurs before, during. or after the construction of the Project or the term of this Agreement, Developer hereby forever waives.discharges.and releases the R.A.Cits agents,and its employees. to the fullest extent the law allo%Vs, from any liability ror any damage or injury sustained by Developer. This waiver,discharge,and release specirically include negligence by the CRA, its agents, or its employees, to the fullest extent the law allows. 10.2 Indemnification. Developer shall indemnify, save. and hold harmless the CRA, its agents,and its employees from any liability.claim,demand,suit,loss.cost,expense or damage which may be asserted,claimed,or recovered against or from[lie CRA,its agents.or its employees, by reason or any property damages or personal injury, including death, Sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of. or is otherwise related to tile negligent or wrongful conduct or (lie faulty equipment (including equipment PURCHASE AND DEW3LOPMENT AGREEMENT Paea 36 of 77 installation and removal)orDeveloper. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA as set forth in Section 768,28, Florida Slat Utes. This paragraph sha I I not be construed to req u i re De ve toper to indemnify the CRA for its own negligence, or intentional acts of[lie CRA, its agents or employees, Each party assumes the risk of personal injury and property damage attributable to the acts or omissions or that party and its officers,employees and agents. 10.3 Assignment, This Agreement may only be assigned by tile Developer to record owners of"(lie Property with the prior written consent of the CRA, which consent shall not be unreasonably withheld. provided, however, that any assignee hereto shall specifically assume all of tile obligations of the Developer under this Agreement. 10.4 Successors and Assigns. The CRA and Developer each binds itself and its partners, successors, executors, administrators and assigns to the other party and to the partners., successors.executors,administrators and assigns of such other party, in respect to all covenants of' this Agreement. Nothing herein shall be construed as creating any personal liability on [lie part of any officer or agent of(lie CRA,nor shall it be construed as giving any rights or benefits hereunder to anyone other than the CRA and the Developer. 10.5 No Discrimination. Developer shall not discriminate against aily person on the basis ofrace, color. relit ion.ancestry, national origin,age, sex. marital status, sexual orientation or disability for any reason in its hiring or contracting practices,associated with this Agreement. 10.6 No Partnership,Etc. Developer agrees nothing contained in this Agreement shall be deemed or construed as creating a partnership.joint venture, or ernployce relationship. It is specifically understood that Developer is an independent contractor and that no employer/employee or principal/agent is or shall be created nor shall exist by reason of (his Agreement or the performance under this Agreement. 10.7 Public Records: The CRA is a public agency subject to Chapter 119, Florida Statutes. Developer shall comply with Florida's Public Records Law. Specifically,the Developer shall: a. Keep and maintain public records required by the CRA to perform the public services provided for in this Agreement; b. Upon request from the CRA's custodian of public records,provide(lie CRA with a copy of the requested records or allow tile records to be inspected or copied within as reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by la%v. C, Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of tile contract term and following completion of the contract if Developer does not transfer the records to the CRA. PURCHASE AND DfA'EL0PMENTAGRCi:h%Nrr Page 37 oF77 d, Upon completion of the contract. transfer.at no cost, to the CRA all public records in possession of Developer or keep and maintain public records required by the CRA to perform the service, if Developer transfers all public records to the public agency upon completion of the contract, Developer shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Developer keeps and maintains public records upon compiction or the contract, Developer shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CRA,upon request from the CRA*s custodian of public records,in a format that is compatible with the information technology systems orthe CRA, IF DEVELOPER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO DEVELOPER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561)737-3256; 710 North Federal Highway,Boynton Beach,Florida 33435; or Boynton Beach CRA(&bbfl.us. 10.8 Entire Agreement, This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered,except in writing and then only if signed by all the parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein,are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement, 10.9 Counterparts and Transmission. To facilitate execution.this Agreement may be executed in as many counterparts as may be convenient or required,each orwhich shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s)from each original may bejoined together and attached to one such original and it shall constitute one and tile same instrument. In addition. said counterparts may be transmitted electronically (i.e.. via facsimile or pdf format document sent via electronic mail). which transmitted document shall be deemed an original document for al I purposes hereunder. 10.10 Agreement Deemed to be Drafted Jointly. This Agreement shall be deemed to be drafted jointly and shall not be construed more or less favorably towards any of the parties by virtue or the fact that one party or its attorney drafted all or any part thereof. Any ambiguity found to exist shall be resolved by construing the terms of this Agreement fairly and reasonably in accordance with the purpose of this Agreement. 10.11 Governing Law, jurisdiction, and Venue. The terms and provisions or this Agreement shall be governed by,and construed and en rorced in accordance with,the laws of the State of Florida and the United States of America, without regard to conflict of law principles. Venue and jurisdiction shal I be Palm Beach County, Florida, for all purposes,to which tile Parties expressly agree and submit. 10.12 Independent Advice. The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal document, , $ AW-1 PURCI JASE AND DEVELOPMENT AGREEMENT Page 38 of 77 and each Party is advised to seek independent legal advice in connection with the matters rercrenced herein, 10.13 Severability. If any part of this Agreement is fiJund invalid or unenforceable by any court, such invalidity or unenforceability shall not affiect (lie other parts of the Agreement if the rights and obligations of the Parties contained herein are not materially prejudiced and if the intentions tat`the Parties can continue to be achieved. To that end. this Agreement is declared severable. 10.14 Voluntary Waiver of Provisions. The CRA may, in its sole and absolute discretion, waive any requirement of Developer contained in this Agreement. 10.15 ComplianceivithLaws. In its performance tinder this Agreement,Developer shall comply with all applicable federal and state laws and regulations and all applicable Palm Beach County,City of Boynton Beach.and CRA ordinances and regulations. 10.16 Effective Date. This Agreement will become effective upon the date and time the last party executes this Agreement. 10.17 Sur-viva]. The provisions of this Agreement regarding public records, indemnity, and waiver shall survive (lie expiration or termination of this Agreement and remain in full Force and effect. PURCHASE AND DEVELOPMENT AGREEMCNT Page 39 of 77 IN WITNESS OF THE FOREGOING,the parties have set their lends and seals tile day and year I irst above written. WITNESSES OCEAN ONE BOYNTON, LLC a Florida limited liability company By:__ Print Name: PrintName: Title: Print Name: STATE OFFLORA DA SS; COUNTY 01" BEFORE ME. an officer duty authorized by law to administer oaths and take acknowledgments, personally appeared as of OCEAN ONE BOVNTON, LLC, and acknowledged tinder oath that he/she has executed tile foregoing Agreement as the proper official of OCEAN ONE BOYNTON, LLC, for tile use and purposes mentioned herein and that the instrument is the act and deed of OCEAN ONE BOYNTON,LLC. I le/she is personally known to me or has produced as identification, IN WITNESS OF TI IE FOREGOING, I have set my hand and official seal at in the State and County aforesaid oil this day of . 2017. My Commission Expires: Notary PLtbl ic, State or Florida at Large ]REMAINDER OF PACE INTENTIONALLY LEFT BLANK) IC RA SIGNATURE ON FOLLOWING PACE] WITNESSES BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PURCHASE AND DEVELOPMENFAGRCEMENT Page 40 oF77 By: Print Name: Steven Grant.CRA Board Chair Print Name: STATE OF FLORIDA SS: COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Steven Grant as Board Chair of 130YNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, and acknowledged under oath that he/she has executed the roregoing Agreement as the proper official of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY. Fic/she is personally known to me or has produced as identification. IN WITNESS OFTI IE FOREGOING, I linve set my hand and official sea] at in the State and County aforesaid on this day of . 2017, My Commission Expires: Notary Public, State of lorida at Large PURCHASE AND DEVELOPIVIENTAGREEMENT Page 41 oF77 Exhibit "A" (Project) (see uttached) PURCHASE AND DEVELOPMENT AGREEMENT Page 42 of 77 WAM 00,04 US NWAY A T m W_ SIR A GO 64O Al-WW, ctp -- Ocean One COHEN-FREEDMAN-ENCINOSA A ASSOC, rA K FKXROL_=AY"UM"!!F4Z 11- Archlwt4 PA Maw I W_ Sim bm w"Wnei ukal t4uA,rkvwa 3MA m nd PURC14ASE AND DEV ELOPIVIENTAGREEM ENT Page 43 of 77 Exhibit "B" (Property) (see attached) PURCHASE AND DE VELOPNI ENTAGRELIvt ENT Page 44 of 77 it awn mr, fI#TC1nlI>Ina"oR .A sUIRVE I Yl N I G --M 1�AP,P".I"N 0 Tel:(%Ij 24 1-.9M Cargil;wt oiAiAJm)dzWsn NmLB1264 I=( 9241ZI U SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) OCEAN ONE - PHASE I LEGAL DESCRIPTION A PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 27, TOWNSHIP 45 SOUTI 1,..RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, INCLUDING PORTIONS OF LOTS I THROUGH 6, "FUNK BROS, ADDITION TO TI IE TOWN OF BOYNTON", AS RECORDED IN PLAT BOOK 2 AT PAGE 13 OF THE PUHLIC RECORDS OF PAI P. BEACH COUNTY, Ff.ORIDA, AND A PORTION OF LOT 41 "DEWEY'S SUBDIVISION". AS RECORDED IN PLAT BOOK I AT PAGE 37 OF SAID PUBLIC RECORDS, ALL IN ACCORDANCE WITH THE "AGREEMENT PLAT", AS RECORDED IN PLAT BOOK 10 AT PACE 2, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 27; THENCE NORTul 89055,38' EAST, ALONG THE NORTH i INE OF SAID SECTION 27, A DISTANCE OF 66,08 FEET; THENCE SOUTH 00'04'22" EAST, A DISTANICE OF 22.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89,55'381, EAST, A DISTANCE OF 216.56 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE EASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE,HAVING A RADIUS Or 25.00 FEET AND A CENTRAL ANGLE OF 880 2052", A DISTANCE OF 38,55 FEET TO THE POINT Or TANGENCY; TI IENCE SOUTH 01,43'30" EAST, ALONG A LINE 15,00 FEET WEST or AND PARALLEt WITH THE EAST LINT: OF SAID LOTS 1 THROUGH 6 AND THE EAST UNE OF SAID LOT 41 A IDISTANCE OF 287.77 FEET, THENCE SOUTH 88",37'13" WEST, A DISTANCE '6F 268.22 FEET, THENCE NORTH 01'23'00" WEST, ALONG A LINE 60,00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SECTION 2/. A DISTANCE OF 292.55 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS or 25.00 rFFT AND, A CENTRAI. ANGLE OF 91'18-38", A DISTANCE Or 39,B4 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF 80YNTON BEACH,PALMI BEACH COUNTY,FLORIDA, AND CONTAIN 83,950 SQUARE FEET, MORE OR LESS, NOTES 1, REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND FHL ORIGINAL RAISED SEAL OF A FLORIDA LiCLNSEL, SURVEYOR AND MAPPER, 2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION 3. BEARINGS SHOWN HEREON ARE DASED ON THE WEST LINE OF IHL NORTHWEST ONE- QUARTER OF SECTION 27,HAVING A BEARING OF NORTH 01'23'00" WEST,ACCORDING TO THE STATE PLANE COORDINATE SYSTEM,STATE OF FLORIDA,EAST ZONE,NORTH AMERICAN DATUM OF 1983, 1990 ADJUSTMENT CERTIFICATION IHEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON COMPLIES WITH STANDARDS OF PRACTICE AS CONTAINED IN CHAPTER 61C17-6,FLORIDA ADMINISTRATIVE CODE,PURSUANT TO SECTION 472.027,FLORIDA STATUTES.AND THAT SAID SKETCH AND DESCRIPTION IS TRUE AND CORRECT TO Tht BEST Of MY K14OVILEDGE AND BELIEF AS PREPARED UNDER MY DIRECRON. SURVEYOR AND MAPPER FLORIDA LICENSE NO,LS5111 Mme"... OcEm OK 08/26t2DR 24-No Jv TD SHCET 1 OF 2 PURCHASE AND DEVrL 0Pf'viNNT AGREEMENT Page 45 of 77 SKETCH AND LEGAL DESCRIPTION W 1 d'R ER (NOT A SURVEY) � SECTION 27;45-43 {NOT FUN1189°55'38"I: 86.D8' .._..,. p BOYNTON BEACH BOULEVAR P.Q.$. N LIME SECTION 27-45-43 r N89`55`38"E 216.56' r�yy��yy' yy�� rys� p� L•38.55° � - OOO 04'2 "e" Z..�,. :'`=.y.. _. D-88'20'52" ^p. LCAT 1 -�[� R-25.00' A/W A"6.-NMEN�T.� 60 L*39.$4' (OR13 9016,PG.975 — p D-914 18'38" LOT 2 I F FSR. I_ZEMtT _ 6 (ORB 19494,E G.1699)c: td LC37 3 AGREEM'EN'T PLAT" LOT 4 a ry (P.B. 10i PG,2) EPt "FUNIC 13T�17S. AL4C1STiDIV' LA O T 5 0 >0 LOT 6 rn S88°37"13i�W 268.22' i a" DEDIC.ATEO t E y IW W Q "AGREEMENT PLAT"" 4 s. i M 10,PG. 2) 100 LOT 41 '. "DEWEY`'S 5UBDIv 1511 1~1" (P.B. 1,P . 37) 1 w ABBREVIA fC� 18 L "CURGIN B DELTA BCEl9Ti3AL ilOLE) a sB. LICENSED BUSINESS L.S. LECUMD S11MYOR U.lI.i4. OFFICIAL IRECOgDS BOX P-0-0. POINT Of BEGINKI[G L --F.o C. P31NY OF COWTUCEWENT x P.B, PLAT BIIIlA I . LINE LOT 41 P.Ut C.R... . PALM BEAN COI#I3TY RECORDS_®".——.,.....— _ ..... . . ,....... PG. i PACE �._....�..... P.5-w- PBRO!'ESStDUALAacPPEn SUAVEYOR ULAN AtlENUE{ R Bf.TA�.,�-� Rfe RIuv-ot•wAY F@, Tk417' I 0-rntse3 14wi MEAN MEqrG IV#' A H '4CALEi __ "• _. .cac1a c i TP erA'ci 08P7SP20t7 7.OF 2... ;. 4 �ItHt v 1 PURCHASE AND D EVE LOPMENTAGRE EMENT Pagc 46,[77 Exhibit "C" (Public Parking) (see attached) � _ o ! f p y 'Rfk�sN Et#EUIJm iC r c e P -p�ry�y yy�ry�_ ■. Fm F4 00 0 LL JO It Oflud N3-lA'��2!!�V.I.N31,U01 WIC)(INV 3SVI IJ-d,I! PURCHASE AND DCVELOPMENT AGRi�laleIENT Page 48 of 77 EXHIBIT"D" ANNUAL PERFORMANCE REPORT FORM (shall be required annually) Time Period Date Prior to and during the construction of Phase I(if applicable): 1. Hired job placement consultant on 2, Hosted a job fair on 3. Noticed through the Community Outreach Partner,availability of employment opportunities related to construction of Phase I of the project on 4. Provided evidence of requirement In subcontractor's contracts to hire and train local residents 5. Provided list of job positions and descriptions to Community Outreach Partner 6. Receipt of written confirmation from the contractor and subcontractors of the requirement to use minimum living wage on Prior to and during the construction of Phase 11(if applicable): 1. Obtained approval for a 100-room hotel on 2. Provided written confirmation of approval of the 50 additional public parking spaces(identifying the public parking spaces)on Post construction Certification requirements Phase I certification(if applicable): 1. Provided Certificate of occupancy from the City of Boynton Beach or other governmental agency demonstrating Certificates of Occupancy for the Phase I's 231 multi-family units on PURCHASL AND DEVr;,].OPN-IENI'A(]Rr,[:-'Mr,.Nl' Page 49 of 77 2. Provided a Certificate of Completion for the Project's 8,575 square feet of commercial is completed as a Grey Shell on 3. Provided certificate of completion of the 50 Phase I public parking spaces on 4Provided written confirmation of compliance with a Nationally Recognized High Performance Green Building Rating System an P URCI I ASE A ND DEVELOPM ENT AGREEMENT Page 50 of 77 SPECIAL WARRANTY DEED EXHIBIT"E" PUBLIC PLAZA PURCHASE AND DEVELOPMENT AGREEMENT 'age 51 of 77 t � a 1 y 1 � H 1 Ind � k r. p U7 t t a I' yyy A in t ] 1 tl} fl! 1r< t '1n i IV Ill! J 1it PURCHASE AND 1XVELOPMENTAGREEMENT Pagc 52 of 77 EXHIBIT"'D" TAX INCREMENT REVENUE FINANCE AGREEMENT PURMASE AND DEVUOMMEWAGR[ ME I' Pap 53 of 77 TAX INCREMENT IREVENUE FUNDING AGREEMENT This Tax increment Revenue Funding Agreement(hereinafter"Agreement")entered into asofthe-day of 2017, by and between: BOYNTON BEACH COMMUNITY ]REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163. Part Ill of the Florida Statutes,(hereinafter referred to as "CRA"),with a business address of 710 North Federal I I ighwiy, Boynton Beach, Florida 33435, and OCEAN ONE BOYNTON, LLC, a Florida limited liability company, with a business address of c/o Washington Real Estate Partners, LLC, 9804 South Military Trail, Suite E-1 1. Boynton Beach, Fl.- 33436(hereinafter referred to as the"Developer"). RECITALS WHEREAS, Developer intends to construct the Project which will include a minimum or 231 multi-lamily units with related amenities and approximately 8,575 square feet orcommercial space as depicted in the Site Plan attached hereto as Exhibit "A," (hereinafter referred to as the "Project");and WHEREAS, the CRA has determined that the Project furthers the Boynton Beach Community Redevelopment Plan;and WHEREAS, Developer has the knowledge, ability, skill, and resources to efibctuatc the construction and development orthe Project:and WHEREAS, the CRA has determined that a public-private partnership in which the CRA provides Tax Increment Revenue Funding for the Project will further the goals and objectives of the Community Redevelopment flan;: NO THEREFORE, in consideration of tile mutual covenants and promises set forth herein, (fie sufficiency of which both Parties hereby acknowledge.the Parties Agree as follows; Section 1, Incorpgration. The recitals above and all other information above are hereby incorporated herein as if fully set forth. Section 2. Definitions.. As used in this Agreement, the following; terms shall have the following meanings, which shall apply to words in both the singular and plural forms of such words: 2.1. "Base Year" mean the base year for determining Tax Increment Revenue from tile Project. PURCHASE AND DEVELOPMENT AGREEMENT Pa-C 54 of 77 2.2 "Benchmarks" shall be the various percentage thresholds of occupancy or tile 8,575 commercial/retail space for any year of the Phase I Term as set forth in Paragraph 5..1.6, 2.3 "Certificate of Occupancy" means the certifcate issued by tile City pursuant to the City of Boynton Beach Building and Zoning Code indicating that a building or structure complies with all applicable City of Boynton Beach Building and Zoning Code requirements and that the same may be used for the purposes stated [herein, 2.4. "City" means tile City of'Boynton Beach, Florida. 2.5. "Commencement of Construction" or "Commence Construction" means obtaining an official permit in hand for any of'the construction activities contained herein and beginning to actually demolish, excavate or prepare the site for development of the applicable phase of the Project in accordance with the City Code and continuing until completion of construction of the Project or Phase of the Project as applicable in accordnnee with tile Florida Building Code. 2.6 "Cocumunity Outreach Partner" means (lie for-profit or non-profit group or organization selected by Developer with whom Developer shall coordinate on tile issues and obligations in this Agreement pertaining to employment or City residents and jobs for Locally Owned Small Businesses. 2.7 "Contractor" means a general contractor, a subcontractor or any other business entering into a contract with the Developer related to the construction orthe Project or part thereof. 2.8 E ffective Da te"shall rrican the date the last party to this Agreement executes this Agreement. 2.9 "Good Faith Effort" is considered to have been made when the respective parties lave used reasonable rricans to comply with tile associated directives and/or provisions set forth in this Agreement. 2.10 "Grey Shell" means an unfinished interior, lacking heating, ventilating, air conditioning, lighting, plumbing, ceilings. elevators, interior walls, etc. and ready for tenant improvements, 2.11 "Locally Owned Small Businesses" means any business that is wholly owned by individuals who reside in the City. If a business is owned by a corporation, then tile corporation must be wholly owned by individuals who reside in the City, If the business is owned by a partnership or limited liability company,then at least 20%of its partners or members must reside in the City. 2.12 "Minimum Living Wage" means the hourly rate that an individual must earn to support his or her family if they are the sole provider and are working full time (2,080 hours per year) in accordance with Palm Beach County Code Chapter '—). Article IV. Division 3 (tile Palm Beach County Living Wage Ordinance),as amended. PUM[ASE AND DE VELOPIMENT AGREEMENT Pav 55 of 77 2.13 "Notionally Recognized High Performance Green Building Rating System" means any one of the following. the Florida Green Building Coalition (FGBC) Standards, the Green Building Initiative's (GBI) Green Globe rating system, the United States Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) Standards, or the National Association ofHomebUilders(NAHB)National Green Building Standards(NOBS). 2.14 "Pledged Project Increment Revenue" means an amount calculated by multiplying Tax Increment Revenue from the applicable phase of the Project by agreed upon percentage factor as provided for in this Agreement. 2.15 "Property" means the property subject to this Agreement upon which the Project shall be developed as more particularly described in Exhibit"B," hereto. 2.16 "Site Plant' shall mean the approved Site Plan attached hereto as Exhibit "A," approved by the City or Boynton Beach. file#NWSP 16-002, Section 3. Developer's ObligationsandCovenants, 3.1 Construction of the Project, Developer agrees to Commence Construction of the Project within two(2)years ol'the Effective Date of this Agreement. 3.1.1 The Project shall conform to the Site Plan and shall include the following, which shall hereinafter be referred to as"Phase I Improvements:": r: Developer shall construct a minimum of 231 multi-family residential units with related amenities. 9. Developer shall construct a minimum of 8,575 square feet of commercial/retail space: h. Developer shall construct Parking Improvements,conceptually depicted on Exhibit,"C,"hereto,consisting,at a minimum of Fifty(50)public parking spaces ("Public Parking") that shall be restricted for public use and that shall not be available to the Phase I residential units. The Parking Improvements may consist of structured parking, surface parking, valet parking, mechanical parking. shared parking or any other means as allowed under local city ordinance, Upon completion of the Public Parking, Developer and the CRA shall enter into a Parking Management Agreement to estabi ish the maintenance responsibilities of the CR A for the Public Parking. If Parking Management Agreement is not negotiated and executed by the Parties within one year of the completion or construction of the Public Parking. either party may request binding arbitration to complete the terms of the Agreement. i. Construction of the multi-family residential units for the Project shall be in compliance with, qualify for and receive Florida Green Building Certification. PURCHASE AND DEVELOPMENTAGREZMEN T Pap 56 of 77 j. Prior to and during the construction of(lie Pruject. the Developer shall W I lire a job placement consultant during the construction period of this Agreement: 0 I-lost a job fair; 0 Give priority to Contractors that are Locally Owned Small Businesses to participate in the construction of Phase I of the Project. a Include in all contracts with Contractors requirements that the Contractors use Good Faith Efrorts to hire and train City residents to participate in the construction of Phase I o f the Project; o Provide a list orjob positions and descriptions to the Community Outreach Partner and agree to give priority to qualified job applicants referred by the Community Outreach Partner to participate in the construction of Phase I of the Project. 0 Use Good Faith Efrorts to offer permanent job positions resulting from Phase I orthe PrcJect to qualified City residents: 0 Notify and refer job training and job placement opportunities to the Boynton Beach Community High School and South Tech Academy in Boynton Beach in the event each are able and wil I ing to provide such training;and a Pay or cause to be paid ne%v hires in all permanent positions residing within the City a minimum orthe Living Wage, Section 4, Annual Perfarmance Report. Developer shall annually provide (lie CRA with an Annual Performance Report For the Project indicating the status or Developer's compliance with the requirements of this Agreement as set forth in Sections 3 and 5 of this Agreement and evidencing that Developer has paid all property(axes for the Property for the preceding year,Such report must be submitted to [lie CRA no later than the last day of April for the preceding year in a form substantially in accordance %vith the form attached hereto as Exhibit'T." Section 5. Certification.Rg9girements. 5.1 As a condition precedent to its receipt of any Pledged Project Increment Revenue pursuant to this Agreement: 5.1.1 Developer must have taken all steps necessary to divide the Property into two separate parcels such that the Phase I Property and the Phase 11 Property have been assigned individual Parcel Control Numbers by the Palm Beach County Property Appraiser PURCHASE AND DEVELOPNIENT AGREEMENT Page 57 of 77 and these Parcel Control Numbers have been placed oil the Palm Beach County tax rolls and assigned taxable value prior to tile Base Year for each Phase;and 5.1.2 Developer must have timely provided its Annual Performance Report providing evidence of compliance with the requirements or this Agreement as set Forth below and evidencing that Developer has paid all property taxes for tile preceding year; and 5.1.3 Upon receipt of the Annual Performance Report. 2, the CRA shall review and approve the Annual Performance Report at the next available CRA meeting as meeting the requirements in Section 4 above and certifying Developer's compliance with all conditions precedent fear receiving Pledged Increment Revenue for that Phase 1, which approval shall not be unreasonably withheld , 5,11.4 The CRA has receivedTax Increment Revenues from the completed Phase I Improvements subsequent to the Base Year-,and 5.1.5 Developer shall not be entitled to any Pledged Project Increment Revenue payments it the Developer has failed to meet its obligations under this Agreement or is otherwise in derault under the teres of this Agreement and has failed to sulliciently cure tile default as provided for herein after appropriate notice or such default has been given. There is no obligation by the CRA to disburse the Direct Incentive Funding during any cure period or in the event file Developer is in default of this Agreement so long as,once a default is cured. Developer shall continue to receive their Direct Incentive Funding for the Project Lip to tile Pledged Project Increment Revenue and any time periods for perrormiince hereunder shall be extended for the same period or time needed to cure the default. 5.1.6 Should Developer fail to meet the Benchmarks set below regarding occupancy of' 8.575 square feet of commercial/retail space (tile "Coin mere in I/Reta i I Space")forany year ofthe Phase I Term,Developer's percentage of tile Pledged Increment Revenue to be paid to Developer shall be reduced by 10%For that year of the Phase I Term, d. Developer Must certify that?5%of the Commercial/Retail Space has been occupied by coin mercial/reta i I tenants by at least the third year of tile Phase I Term as defined herein. Once the 25%threshold is obtained, whether it be in the First, second or third year, the threshold shall be deemed satisfied forever,even ir in the future the actual amount occupied thereafter is less than 25%. Accordingly,as long as Developer did not default under any commercial lease and continues in good faith to re-market the property for lease, once tile 25% threshold is achieved, Developer shall be entitled to the Pledged Increment Revenue ror the year in which the 25% threshold is achieved and each year thereafter during the Phase I Term unless a greater Benchmark is achieved; el Developer must certify that 50%of the Commercial/Retail Space has been occupied by commercial/retai I tenants by at least the sixth year ofthe Phase I Term as defined herein. Once the 50% threshold is obtained, whether it be in any year PURCHASE AND DEVELOMMENTAGREEMEN F Page 58 oF77 prior to the end o r(lie sixth year of the Phase I Term,11,ic threshold shall be deemed satisfied forever, even if in (lie suture the actual amount occupied thereafter is less than 50%.Accordingly.as long as Developer did not default Linder any commercial lease and continues in good Faith to re-market the property for lease,once tile 50% threshold is satisfied, Developer shall be entitled to the Pledged Increment Revenue for[lie year in which the 50%threshold is achieved and each year thereafter during the Phase I Term unless a greater Benchmark is achieved; and f. Developer must certify that 70% of the Commercia VRetail Space has been occupied by the corn merciallreta i I tenants by at least the eighth year o r tile Phase I Terni as defined herein. Once the 70%threshold is obtained,whether it be in ally year prior to the end or the eighth year of the Phase I Term, the threshold shall be deemed satisfied forever.even ifin the future the actual amount occupied thereafter is less than 70%. Accordingly, as long as Developer did not default under any commercial lease and continues in good Ibith to re-market the property for lease, once satisfied, Developer shall be entitled to the Pledged Increment Revenue for year in which the 70% threshold is achieved and each year thereafter during the Phase I Term. 5.2 Certification. 5.2,1 Developer shall cerdry in its Arinual Performance Report that it has rnet its obligation under Section 3,1.1 a. and 3.1.I.b. of this Agreement by providing a Certificate of Occupancy for all residential components of the Phase I improvements and Certificate of Completion for all nonresidential components of tile Phase I improvements from the City of Boynton Beach indicating the 100 percent completion of all Phase I Improvements and demonstrating that the taxable value of all Phase I improvements have been placed oil the Palm Beach County tax rolls for tile Phase I Property. 5.2.2 Developer shall certify in its Annual Performance Report that it has met its obligation Linder Section 3.1.I c of this Agreement by demonstrating that it has constructed the Public Parking and by documenting signage and other means by which these Public Parking spaces are clearly reserved for use by the public and excluded from use by Multifamily and commercial units that are part orthe Project, 5.2.3 Developer shall confirm in its Annual Performance Report that it has met its obligation Linder Section 3.1 I.d of'this Agreement by providing proof of receipt or Florida Green Building Certification. 5.2.4 Developer shall certify in its Annual Performance Report that it has met its obligation Linder Section 3,1.I.e ofthis Agreement by: a. Demonstrating that it hired and utilized (lie services of a job placement consultant and by reporting the job placement consultant's activities during construction of Phase I of the Project: b. Demonstrating that it held a job rair; and IWWA! PURCHASE AND DEVELOPMENT AGRrUMENT Page 59 of 77 c. Requiring all Contractors covered by the terms of this Agreement to provide annual copies of its records, reports or any other information necessary to monitor compliance with the provisions of Section 3.1.1 e of this Agreement and require all Contractors to submit annual payrolls to the Developer ileal include the fiollowing information pertaining to all Locally Owned Small Business hired to work on or for Phase I of the Project: name,address and the number of hours worked for the period.until a Certificate of Occupancy is is-sued for at least 90%orthe residential units of Phase I of the Project. Section 6. Pledged ProjectIncreineut Revenue. 6.1 Formula and Term. 6.1.1 The amount of the Pledged Project Increment Revenue to be paid Developer pursuant to this Agreement is based on the following formula.- C. Developer shall receive Pledgcd Project Increment Revenue for Phase I Improvements for a term of eight (8) consecutive years, beginning the year Developer demonstrates it has met all conditions precedent to receiving Pledged Project Increment Revenue as provided in Sections 3, 4, and 5 of dais Agreement for the Project and upon final certification of tax assessments within the CRA District by the Palm Beach County Property Appraiser for the preceding year (hereinafter the '-Phase I Term"), The amount of Pledged Project Increment Revenue due to Developer during the Phase I Term shall be determined pursuant to the following formula: For Years I - 7 of the Phase I Term, Developer shall receive Seventy-five percent(75%)of the Pledged Project Increment Revenues actually received by the CRA: and For Year 8 of the Phase I Terni, Developer shall receive Fifty percent(50%) of the Pledged Project Increment Revenues actually received by the CRA. d. The Base Year for determining Tax Increment Revenue from the Project shall be as follows: For[tic Phase I Term.the year prior to commencement of construction of Phase I Improvements on the Property. 6.2 No Prior Pledge of Pledged Project Increment Revenues. The CRA warrants and represents that the Pledged Project Increment Revenues are not the subJect of any prior pledge by the CRA and agrees that such revenues shall not be assigned,Pledged.hypothecated or secured by the CRA for the period covered by term ol"this Agreement. PURCHASE AND DEVC-I.OPiMEi\'I'AG[tLEfvlE?N'I' Pate 60 of 77 6.3 Form of Payment. Payment ofshall be in the form of a CRA check made payable to the Developer. No payment made Linder this Agreement shall be conclusive evidence or the performance of this Agreement by Developer, either wholly or in part, and no payment shall be construed to relieve Developer of obligations Linder this Agreement orto be an acceptance of faulty or incomplete rendition of Developer's obligations under this Agreement. Section 7. Notice and Contact. Any notice or other document required or allowed to be given pursuant to this Agreement shall be in writing and shall be delivered personally, or by recognized overnight courier or sent by certified mail. postage prepaid. return receipt requested. The use of electronic communication is not considered as providing proper Notice pursuant to this Agreement. If to CRA, such notice shall be addressed to: Michael Simon. Interim Executive Director Boynton Beach Community Redevelopment Agency 7I Noah Federal flighway, Boynton Beach, Florida 33435 With a copy to: Tara W, Duhy, Esq. Lewis, Longman & Walker, P.A. 515 North Flagler Drive Suite 1500 West Palm Beach, Florida 33401 ll'to Developer, such notice shall be addressed to: Mr, Michael Ross Ocean One Boynton.LLC c/o Gulfstream Property Management 9804 South Military'Frial Suite E-1 I Boynton Beach, FL 33436 Mr. William Morris Southcoast Advisors, LLC 777 E. Atlantic Avenue Suite 100 Delray Beach, I-L 33483 F. Davis Camalier Washington Real Estate Partners 1629 K Street N.W. PURCHASE AND DEVELOPMENT AGRF'E'NIENT Page 61 of 77 Suite 1200 Washington, DC 20006 With a copy to: Bonnie Miskel. Esq. Gary S. Dunay, Esq, Dunay, Miskel and Backman, LLP 14 SE 4"'Street Suite 36 Boca Raton, FL 33432 Section 8. 12gfoul . The failure of Developer to comply with the provisions set forth in this Agreement shall constitute a default and breach ofthis Agreement. IrDeveloper fails to cure the default within thirty (30)days of notice From the CRA. the CRA may terminate this Agreement and all obligations for payment of Pledged Project Increment Revenue to Developer shall cease, Section J. Termination. Unless earlier terminated pursuant to the terms herein. this Agreement shall automatically ten-ninate upon the last disbursement of Pledged Project Increment Revenue to Developer for the Project,or within two(2)years ofthe Effective Date if tile Developer has railed to commence construction oll'thc Phase I Improvements subject to force majeurc. Either Party may elect to terminate this Agreement by providing 45 days written notice to the other Party upon one or more or the following occurrences: C, The default of either Party, if such del-ault is not Cured within the time prescribed by this Agreement; d. The Parties enter into mutually agreed upon,written Addendum,the cNect of which is to terminate this Agreement. Section 10. Miscellaneous Provisions, 10.1 Waiver. Tile CRA shall not be responsible for any property damages or personal injury sustained by Developer from any cause whatsoever related to the development or the Project, whether such damage or injury occurs before, during, or after the construction of(lie Project or the term of this Agreement. Developer hereby forever waives,discharges.and releases (lie CRA. its agents, and its employees,to the fullest extent the law allows, from any liability for any damage or injury sustained by Developer. This waiver,discharge,and release specifically include negligence by the CRA, its agents, or its employees, to the fullest extent the IaNv allows, 10.2 Indemnification. Developer shall indemnify. save. and hold harmless the CRA. its agents,and its employees from any liability.claim,demand,suit, loss.cost,expense or damage which may be asserted,claimed,or recovered against or from the CRA,its agents,or its employees. by reason of any property damages or personal injury, including death. sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct or the faulty equipment (including equipment PURCHASE AND DEVELOPMENTAGREEMENT Pogo 62 of 77 installation and rernoval) of Developer. Nothing in this Agreement shalt be deemed to a 1'rect the rights, privileges, and SOVCTCigr) irrallUnitieS Of the CRA as set forth in Section 76 .28, Florida Statutes, This paragraph shall not be construed to require Developer to indemnify the CRA for its own negligence, or intentional acts or(lie CRA, its agents or employees, Gael party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers,employees and agents. 10.3 Assignment. This Agreement may only be assigned by tile Developer to record owners of the Property with the prior written consent of(lie CRA, %;hich consent shall not be unreasonably withlield, provided, however, that any assignee hereto shall specifically assume all of the obligations of the Developer under this Agreement, 10.4 Successors and Assigns, The CRA and Developer each binds itself and its partners, successors. executors, administrators and assigns to the other party and to the partners, successors,executors,administrators and assigns ol'such other party, in respect to all covenants of this Agreement.Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the CRA.nor shall it be construed as giving any rights or benefits hereunder to anyone other than tile CRA and the Developer. 10.5 No Discrimination. Developer shall not discriminate against any person on the basis of race,color. religion, ancestry, national origin. age.sex. marital status. sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 10.6 No Partnership, Etc. Developer agrees nothing contained in this Agreement shall be deemed or construed as creating a partnership,joint venture, or employee relationship. It is specifically understood that Developer is oil independent contractor and that no employe r/employee or principal/agent is or shall be created nor shall exist by reason of this Agreement or the performance under this Agreement. 10.7 Public Records: The CRA is a public agency subject to Chapter 119, Florida Statutes. Developer shall comply with Florida's Public Records Law. Specifically,the Developer shall: C. Keep and maintain public records required by the CRA to perform the public services provided for in this Agreement: 171 Upon request from the CRA's custodian of public records.provide the CRA with a copy of(lie requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 9. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for tile duration of the contract term and Following completion of the contract if Developer does not transfer the records to the CRA. PURCHASE AND DEVELOPMUNT AGRUNIFNT Page 63 or 77 h. Upon completion of the contract, transfer, at no cost, to the CRA all public records in possession ol'Developer or keep and maintain public records required by the CRA to perform the service, If Developer transfers all public records to the public agency upon completion of the contract. Developer shall destroy ally duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Developer keeps and maintains public records upon completion of the contract. Developer shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CRA,upon request from the CRA's custodian orpublic records.in a format that is compatible with the information technology systems of the CRA IF DEVELOPER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO DEVELOPER"S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561)737-3256; 710 North Federal Highway,Boynton Beach, Florida 33435;or Boynton BeachCRA(tcbbMus. 10.8 Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein, No terms herein may be altered,except in writing and(lien only if signed by all the parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations. of any kind or nature, oral or written, concerning the subject matter expressed herein,are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 10.9 Counterparts and Transmission. To facilitate execution.this Agreement may be executed in as many counterparts as may be convenient or required,each of which shall be deemed an original, but all of which together shall constitute one and [lie same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i,c., via facsimile or pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 10.10 Agreement Deemed to be Drafted Jointly. This Agreement shall be deemed to be drafted jointly and shall not be construed more or less favorably towards any or the parties by virtue of the fact that one party or its attorney draflcd all or any part thereof. Any ambiguity round to exist shall be resolved by construing the terms or this Agreement fairly and reasonably in accordance with the purpose of this Agreement, 10.11 Governing Law, Jurisdiction, and Venue. The terms and provisions of this Agreement shall be governed by, and construed and enforced in accordance with,the laws of the State of'l-lorida and the United States of America, without regard to conflict of law principles. Venue nand jurisdiction shall be Pagan Beach County, Florida. for all purposes,to which (lie Parties expressly agree and submit. 10.12 Independent Advice. The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal document, PURCHASE AND DEVELOPMENT AGREEMENT Page 64 of 77 and tach Party is advised to seek independent legal advice in connection with the matters referenced herein. 10.13 Severability. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity Or Linen forceabi I ity shall no( affect the other parts of the Agreement if' the rights and obligations of the Parties contained herein are not materially prejudiced and if(lie intentions of the Parties can continue to be achieved. To that end. this Agreement is declared severable. 10.14 Voluntary Waiver of Provisions. The CRA may, in its sale and absolute discretion,waive any requirement of Developer contained in this Agreement. 10.15 Complianecwith ll-,aws. In its performance under this Agreement,Developer shall comply with all applicable federal and state laws and regulations and all applicable [pales Beach M County, City of Boynton Beach,and CRA ordinances and regulations, 10.16 Effective Date. This Agreement will become of upon the date and time the Iasi party executes this Agreement, 10.17 Survival. The provisions of this Agreement regarding public records. indemnity, and waiver shall survive the expiration or termination of this Agreement and remain in full force and effect. PURCHASE AND DCV CLOPMENTAGRLE M ENT Page 65 or 77 IN WITNESS OF THE FOREGOING, the parties have set their lands acid seals the day and year first above written. WITNESSES OCEAN ONE BOYNTON, LLC a Florida limited liability company By: Print Name: Print Name: Title: Print Name- STATE OF FLORIDA SS: COUNTY OF BEFORE ME, an officer duly authorized by lmy to administer oaths and take acknowledgments, personally appeared as of OCEAN ONE BOYNTON, LLC. and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of OCEAN ONE BOYNTON, LLC, for Elie use and purposes mentioned herein and that the instrument is the act and deed of OCEAN ONE BOYNTON,LLC. He/she is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING. I have set my hand and official seal at in the State and County aroresaid on this day of . 2017, My Commission Expires: Notary Public. State of Florida at Large IREMAINDER OF PAGE INTENTIONALLY LEFT BLANKI [CRA SIGNATURE ON FOLLOWING PAGE1 WITNESSES BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PURCHASE AND DEVELOPMENT AGREEMENT Page 66 of 77 By: Print Name; Steven Grant.CRA Board Chair Print Name: STATE OF FLORIDA SS: COUNTY OF PALM BEACH BEFORE ME, an officer duty authorized by IaNv to administer oaths and take acknowledgments, personally appeared Steven Grant as Board Chair of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, and acknowledged under oath that lie/she has executed the foregoing Agreement as the proper official of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY. for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON BEACI I COMMUNITY REDEVELOPMENT AGENCY. He/she is personally known to me 01' has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal sat in the State and County aforesaid on [his day of 2017, My Commission Expires: Notary Public,State of Florida at Large PURCHASE AND DEVELOPMENT AGREEMNT Ilage 67 oF77 EvIdbit "A" (Project) (Nee attached) PURCHASE AND DEVELOPMENT AGREEMEN'J" Page 68 oF77 FWAR ftv&4 us Namy PA I fT Tww 13 ti ED I fit- -m It 0,111 IN 1r 1" Not I a>1 I " th anOneCOHEN-FREEDMAN ENCINOSA & ASSOC M It FEDER&HOWAY.BMW=BEACR FL AmbilecK PA bBaw LEVEL PLA4 , IN,W. IAU.1 Ut-N MAW. 33014 30d LT96 Ym 11URCHASE AND DEVELOPIMENT AGREEMENT Page 69 of 77 Exhibit "B" (Property) (see attached) PURCHASE AND DEVELOPIMENTAGRECMENT Page 70 of 77 VL%M,ie 047 rjNmmlo Rw Tat(561)241-99e8 SURVEYING & MAPP Caiffl,pin olAiAluiaion No.LWAAP Fej:§61241-5192 SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) OCEAN ONE - PHASE 1 LEGAL DESCRIPTION A PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 27, TOWNSHIP 45 SOUTH,RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, INCLUDING PORTIONS OF LOTS I THROUGH 6, "FUNK BROS. ADDITION To THE TOWN OF BOYNTON-', AS RECORDED IN PLAT BOOK 2 AT PAGE 13 OF THE PUBLIC RECORDS OF PA-MF BEACH COUNTY, F1 ORIDA. AND A PORTION OF LOT 41 "DEWEY'S SUBDIVISION", AS RECORDED IN PLAT BOOK I AT PAGE 37 OF SAID PUBLIC RECORDS, ALL IN ACCORDANCE WITH THE "AGREEMENT PLAT", AS RECORDED IN PLAT BOOK 10 AT PACE 2, AND BEING MORE PARTICULARLY DESCR;BED AS FOLLOWS1 COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 27; THENCE NORTH 89*55'38' EAST, ALONG THF NORTH LINE OF SAID SECTION 27, A DISTANCE OF 86.08 FEET; THENCE SOUTH 00'04'72" EAST, A DISTA14CE OF 22.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89"55',3$" EAST, A DISTANCE OF 216,56 FEE] TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHTi THENCE EASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADUS Or 25.00 FEET AND A CENTRAL ANGLE Or 880 20'52", A DISTANCE OF 38,55 FEET TO THE POINT OF TANGENCY; 71 IE'NCE SOUTH 01,43,3011 EAST, ALONG A LINE 15.00 FEET WIEST or AND PARA110 WITH THE EAST I INE OF SAID LOTS I THROUGH 6 AND THE EAST LINE OF SAID I OT 41, A DISTANCE OF 287.77 FEET; THENCE SOUTH 88'37'13" WESI, A DISTANCE OF 268 22 FEET. THENCE NOR!H OP 23-00" WEST, ALONG A LINE 60.00 FEET EAST OF AND PARALLEL WI I'H THE WEST LINE OF SAID SECTION 27, A DISTANCE OF 292.55 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RICK; THENCE NORTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS or 25.00 FEET AND A CENTRAI ANGI,E OF 910 18'38", A DISTANCIF Or 39,84 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH,PALM BEACH COUNTY, FLORIDA, AND CONTAIN 83,950 SQUARE FEET,MORF_ OR LESS. NOTES I. TIEPRoDumoNs or THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICtNSEL SURVEYOR ANT) MAPPFR, 2. 'HCl SEARCH OF THE PUAJIC RECORDS WAS MADE IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION, 0L.BEARINGS SHOWN HEREON ARE OASED ON THE WEST LINE OF IF E NORTHWEST ONE- TER OF SECTION 27.HAVING A %,ARING OF NOR tH 02'23'00" VIE ST,ACCORDING To THE STATE PLANE COORMNATE SYSTEM.STATE OF FLORIDA,EMT ZONE,NORTH AMERICAN DATUM OF 1983, 1900 ADJUSTMENT CERTIFICATION THEREBY CERTIFY THAT THE SKETCH AND DESCRMVIDN SHOWN HEREON COMPLIES WITH 5TANDARDS OF PRACTICE AS CONTAINED IN CHAPTER 61017-6,FLORIDA ADMINISTRATIVE CODE,PURSUANT TO SECTION 472.027,FLORIDA STATUTES,AND THAT SAID SKETCH AND DESCR-PTION IS TRUE AND CORRECT TO THE 13EST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER My DIRECrION. SURVEYOR AND MAPPER FLORIDA LICENSE NO.LS5PI ,.Taal 0# 1 vc[Ni WE 12612017 166 009 al. 4'1a isA TD mi toF 2 PURCHASE AND DEVELOPMENT A REEMEW Page 71 oF77 P.O.C. SKETCH AND LEGAL, DESCRIPTION NW CORNER (NOT A SURVEY) SECTION 27-45-43 MOT FOUND) N894 551381,E 86.08" BOYNTON BEACH BOULEVALt � �� N UNE SECTION 27-X15-43 .. . 8:25.0 N89.5 ' 16,56" L-3B.55 SOO*04.2 "E � T�- 0.1 8"20'52. ,1 22.111}' ....: .� ��- 1 LST 1 ��� � J .. E R-25.11 ' r .�.vDONMENT L-39.841380(ORB 29©16,PG.'975) 1.91`18' ' .,. LOT 2 " -F-WL- EAS&ENT (ORB 19094,PG. 1699) LOT 3 _ ",AGREEMENT PLAT" �: ' (P.B. 10,PG. 2) LOT 4 % 4-I;Z "FUNK BROS. AMMON W rn rn L41 Z 07 5o 0 LOT6 - caterot r G.I. W 5880 37'13"W 268.22' IW 1 10'R/W T BE DED°GATEDn 11 a 10. s �, Irn "AGREEMENT PLAT" 1P,B. 10, PG.21 4 LDT 41 VEWEVS SUBDIVISION" —� 1P.B. 1" PG, 371 °ABBREVIATIONS aDELTA IMITRAL ANGLES L.B. LICENSEO BUSINESS L.S. LICENSED SMVE VCR 0 x.11. 0,:FICIAL RECO;tUS BUOY. P31fif OF-REGINN1114 G7 r°,b. •. PLAf Am Lr�A S LINE LOT 41 F.U.c.s. f°Atm"Asir couRrt PEC C - _ _ PC. PACE .—..,. ..° ..�......E('S,R ..4.. P.S.r1.. _ PriaiESSIBNAt St1Rr±"oft i. �10EAN AVENUE(BR 13t14� r#�1� �r�rlr�IR•wtr W. 04115 FPG�Y/I k6 l Gum W fill 45" YCN.'jX }`' '. t PURCHASE� AND DEVELOPMENT AGREEMENT Page 72 of 77 Exhibit "C" (Public Parking), (see attached) ME --- - - I iia -� 1'- �� F WE mh " c4'o b C 9 00 PURCI IASE AND WVELOPMENTAGREENIENT Poge 74 of 77 EXHIBIT"0" ANNUAL PERFORMANCE REPORT FORM (shall be required annually) Time Period Date Prior to and during the construction of Phase I(if applicable)- 1. Hired job placement consultant on 2. Hosted a job fair on 3. Noticed through the Community Outreach Partner,availability of employment opportunities related to construction of Phase I of the project on 4. Provided evidence of requirement in subcontractor's contracts to hire and train local residents S. Provided list of job positions and descriptions to Community Outreach Partner 6Receipt of written confirmation from the contractor and subcontractors of the requirement to use minimum living enrage on Prior to and during the construction of Phase 11(if appllcable), 1. Obtained approval for a 100-room hotel on 2. Provided written confirmation of approval of the 50 additional public parking spaces(identifying the public parking spaces)on Post construction certification requirements Phase I certification(if applicable): 1, Provided Certificate of occupancy from the City of Boynton Beach or other governmental agency demonstrating Certificates of Occupancy for the Phase I's 231 multi-family units on PURCHASE AND DT; LLOPPAI"NTAGREUMENT Pagc 75 of 17 2. Provided a Certificate of Completion for the Project's 8,575 square feet of commercial is completed as a Grey Shell on 0 3Provided certificate of completion of the 50 Phase I public parking spaces on 4. Provided written confirmation of compliance with a Nationally Recognized High Performance Green Building Rating System on 14 Ali I" PURCHASE AND DEVELOP ENTAGREEMENT Page 76 of 77 EXHIBIl"T" THE PLAZA DEVELOPMENT PLAN PURC'i ASE AND DEVELOf'MENT AGRE'L"Ml":e~T Page 77 or 77 .i f y M J T N t e Ww to ! � R ;F f� m Infil N r u b 0 b i c fst LI \ AI Via.- � �e �} i 4) •�'�y '. 1 t Y N,r= r=2 > F-, 1 z i; 4a9 � � P I l :r I ISS fts S �r t tit}it { r t i �t✓)'!� r nrSlt r is ��� � a 'r �s I,''� 44i hl,tt r f )�?t'rjr4� r rt , it s y �t1 rt I,tls�-t ,r. r i r S t , 6 is a , y I �F PE M ttI� q� 4-1 4, 41 { V, y� w m iMr€� l YO j k ' �s � Ir y a � eFIN514 'I � tibF i r =t R.E '° —.A�4 � a � �aqf�j�i21���)i i I! D IN� is ; sjt3fs �� k t kst `ti� s. w� imOW, , IN X, ! Tf C t m;. s j�is{u tsc n IT 7 it k � fl111 U�111ir YW �t r { �'' a� l � ? �,r �rgo2. a oa a Aig am lu 1 tF rj Ij C-1 d9 yjmt;y ''�. umntnt{'8uv=3 a C7 �a B j 4, I i mmY i° " i4 ikt � � a� X12, idsa w Nil i rf f 1 li 1 I.I. 1 ------------------ '1 try - ss 1 t H o Owl uP x TAX INCREMENT REVENUE FUNDING AGREEMENT This Tax Increment Revenue Funding Agreement(hereinafter"Agreement")entered into as of the day of J'rvjj k1P 201 it ban between: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III of the Florida Statutes,(hereinafter referred to as "CRA'). with a business address or710 North Federal flighway, Boynton each. Florida 33435. and OCEAN ONE BOYNTON, LLC, a Florida limited liability company. with a business address or c/o Washington Real Estate Partners, LLC, 9804 South Military Trail. Suite E-11. Boynton Beach,FL 33436(hereinafter referred to as the"Deve4opeo. liECIT'ALS Wl­IEREAS, Developer intends to construct the Project which will include a minimum or 231 multi-family units with related amenities and approximately 8.575 square reet or commercial space as depicted in the Site Plan attached hereto as Exhibit"A,"(hereinafter referred to as the"Prajece'):and WHEREAS.the CRA has determined that the Project rurthers the Boynton each Community Redevelopment Plan;and WHEREAS,Developer hast knowledge,ability,skill f.and resources to effectuate the construction and development of the Prcject-,and WHEREAS,the CRA has determined that a public-privatc partnership in which the CRA provides Tax Increment Revenue Funding ror the Project will further the goals and objectives or the Community Redevelopment Plan; NOW THEREFORE, in consideration of the mutual covenants and promises set north herein.the sun ciency or which both Parties hereby acknowledge.the Parties Agree as rollows: &Rflon I. IncoragLiLtion. The recitals above and all other inrormation above are hereby incorporated herein as it fully set forth. Sectio Definitions. As used in this Agreemem the following terms shelf have the rollowing meanings. which shelf apply to words in both the singular and plural rot or such words: I 2.1. "Base Year"mean the base year for determining Tax Increment Revenue from(lie Project. 2.2 "Benchmarks" shall be the various percentage thresholds or occupancy or the 8.575 commercial/retail space for any year or the Phase I Term as set forth in Paragraph 5.1.6. 2.3 "Certificate of Occupancy"means the certificate issued by the City pursuant to the City of Boynton Beach Building and Zoning Code indicating that a building or structure complies with all applicable City of'Boynton Beach Building and Zoning Code requirements and that the some may be used for the purposes stated thercin. 2.4. "City"means the City of Boynton Beach. Florida. 2.5. "Commencement of Construction" or "Commence Construction" means obtaining an official permit in hand for any of the construction activities contained herein and beginning to actually demolish, excavate or prepare the site for development of the applicable phase or the Project in accordance with the City Code and continuing until completion or construction of the Project or Phase or the Project as applicable in accordance with the Florida Building Code. 2.6 "Community Outreach Partner" means the for-profit or non-prof-it group or organization selected by Developer with whom Developer shall coordinate on the issues and obligations in this Agreement pertaining to employment of City residents and jobs for Locally Owned Small Businesses. 2.7 "Contractor" means a general contractor, a subcontractor or any other business entering into a contract with the Developer related to the construction orthe Project or part thereof. 2.8 "Effective Date" steal I mean the date the last party to this Agreement executes this Agreement. 2.9 "Good Faith Effort" is considered to have been made when the respective parties have used reasonable means to comply with the associated directives and/or provisions set forth in this Agreement. 2.10 "Grey Shell" means an unfinished interior. lacking heating, ventilating, air conditioning, lighting, plumbing, ceilings, elevators. interior walls, etc. and ready for tenant improvements. 2.11 "Locally Owned Small Businesses'" means any business that is wholly owned by individuals who reside in the City. If a business is owned by a corporation,then the corporation must be wholly owned by individuals who reside in the City. 11'the business is owned by a 1) partnership or limited liability company,then at least 20%of its partners or members must reside in the City. 2.12 "Minimum Living Wages'means the hourly rate that an individual must earn to support his or her family if they are the sole provider and am working full time(2,080 hours per year) in accordance with Palm Beach County Code Chapter 2, Article IV, Division 3 (the Palm Beach County Living Wage Ordinance),as amended. 2.13 "Nationally Recognized High Performance Green Building Rating System" means any one of the following: the Florida Green Building Coalition (FC) Standards, the Green Building Initiative's (GBI) Green Globe rating system, the United States Green Building Council (USGBC) Leadership in Energy and Environmental Design (LD) Standards, or the National Association of Homebuilders(NAHB)National Green Building Standards(NGBS). 2.14 "Pledged Project Increment Revenue" means an amount calculated by multiplying Tax Increment Revenue from the applicable phase of the Project by agreed upon percentage factor as provided for in this Agreement. 2.15 "Property"means the property subject to this Agreement upon which the Project shall be developed as more particularly described in Exhibit"B,11 hereto. 2.16 "Site Plan" shall mean the approved Site Plan attached hereto as Exhibit "A," approved by the City of Boynton Beach,file#NSP 16-002. Section 3. bevels er"s Obligations and Covenants. 3.1 Construction of the Project. Developer agrees to Commence Construction of the Project within two(2)years of the Effective Date of this Agreement. 3.1.1 The Project shall conform to the Site Plan and shall include the following, which shall hereinafter be referred to as"Phase I Improvements:": a. Developer shall construct a minimum of 231 multi-family residential units with related amenities. b. ' Developer shall construct a minimum of 8,575 square feet of commercial/retail space; C. Developer shall construct Parking Improvements,conceptually depicted on Exhibit 11C,"hereto,consisting,at a minimum of Fifty(50)public parking spaces ("Public Parking") that shall be restricted for public use and that shall not be available to the Phase I residential units. The Parking Improvements may consist of structured parking, surface parking, valet parking, mechanical parking, shared parking or any other means as allowed under local city ordinance.Upon completion of the Public Parking, Developer and the CRA shall enter into a Parking Management Agreement to establish the maintenance responsibilities of the CRA for the Public Parking. If a Parking Management Agreement is not negotiated and executed by the Parties within one year of the completion of construction of the 3 Public Parking.either party may request binding arbitration to complete the terms ol'the Agreement. d. Construction ol*the multi-family residential units for the Project shall be in compliance with,qualify for and receive Florida Green Building Certification. e. Prior to and during the construction of the Project,the Developer shall e I-lire a job placement consultant during the construction period or this Agreement-. # I-lost a job 11hir: e Give priority to Contractors that are Locally Owned Small Businesses to participate in the construction of Phase I of the Project, * Include in all contracts with Contractors requirements that the Contractors use Good Faith Efforts to hire and train City residents to participate in the construction of Phase I of the Project.' a Provide a list of job positions and descriptions to tile Community Outreach Partner and agree to give priority to qualified job applicants referred by the Community Outreach Partner to participate in the construction of Phase I of the Project,, * Use Good Faith Erforts to offier permanent job positions resulting from Phase I of the Project to qualified City residents; 0 Notify and refer job training and job placement opportunities to the Boynton Beach Community High School and South Tech Academy in Boynton Beach in the event each are able and willing to provide such training;and e Pay or cause to be paid new hires in al I permanent positions residing within the City a minimum of the Living Wage. Section 4. Annual Performance Report. Developer shall annually provide the CRA with an Annual Performance Report for the Project indicating the status or Developer's compliance with the requirements or this Agreement as set forth in Sections 3 and 5 of this Agreement and evidencing that Developer has paid all property taxes flor the Property for the preceding year.Such report must be submitted to the CRA no later than the last day of April for tile preceding year in a form substantially in accordance with the form attached hereto as Exhibit"D." Section 5. Certification ReQuirements. 4 5.1 As a condition precedent to its receipt of any Pledged Project increment Revenue pursuant to this Agreement: 5.1.1 Developer must have taken all steps necessary to divide the Property into. two separate parcels such that the Phase I Property and the Phase 11 Property have been assigned individual Parcel Control Numbers by the Palm Beach County Property Appraiser and these Parcel Control Numbers have been placed on the Palm Beach County tax rolls and assigned taxable value prior to the Base Year for each Phasc;and 5.1.2 Developer must have timely provided its Annual Performance Report providing evidence or compliance with the requirements of this Agreement as set Forth below and evidencing that Developer has paid all property taxes for the preceding year: and 5.1.3 Upon receipt or the Annual Performance Report. 2. the CRA shall review and approve the Annual Performance Report at the next available CRA meeting as meeting the requirements in Section 4 above and cenilying Developer's compliance with all conditions precedent for receiving Pledged Increment Revenue lbr that Phase I, which approval shall not be unreasonably withheld: 5.1.4 The CRA has received Tax Increment Revenues from the completed Phase I Improvements subsequent to the Base Year:and 5,1.5 Developer shall not be entitled to any Pledged Prcjcct Increment Revenue payments if the Developer has failed to meet its obligations under this Agreement or is otherwise in default Linder the terms of this Agreement and has railed to sufficiently cure the default as provided for herein after appropriate notice of such default has been given. There is no obligation by the CRA to disburse the Direct Incentive Funding during any cure period or in the event the Developer is in default of this Agreement so long as,once a default is cured, Developer shall continue to receive their Direct Incentive Funding for the Project up to the Pledged Project Increment Revenue and any time periods for performance hereunder shall be extended for the same period of time needed to cure the default. 5.1.6 Should Developer fail to meet the Benchmarks set below regarding occupancy or 8.575 square feet or commerciallretail space (the "Commercial/Retail Space")for any year of the Phase I Term,Developer's percentage of the Pledged Increment Revenue to be paid to Developer shall be reduced by 10%for that year of the Phase I Term. a. Developer must certify that 25%or the Commercial/Retail Space has been occupied by commerciallretail tenants by at least the third year ol'the Phase I Term as defined herein. Once the 250 threshold is obtained, whether it be in the first. second or third year,the threshold shall be deemed satisfied forever, even if in the future the actual amount occupied thereafter is less than 25%. Accordingly,as long as Developer did not default under any commercial lease and continues in good faith to re-market the property for lease, once the 25% threshold is achieved. 5 Developer shall be entitled to the Pledged Increment Revenue I*or the year in which the 25% threshold is achieved and each year thereafter during the Phase I Term unless a greater Benchmark- is achieved. b. Developer must certify that soo/o or the Commercial/Retail Space has been occupied by commercial/retai I tenants by at least the sixth year of the Phase I Term as defined herein. Once the 50% threshold Is obtained, whether it be in any year prior to the end ol'the sixth year of the Phase I Term.,the threshold shall be deemed satisfied forever,even if In the future the actual amount occupied thereafter is less than 50016.Accordingly,as long as Developerdid not default under any commercial lease and continues in good faith to re-market the property for lease,once the 50% threshold is satisfied.Developer shall be entitled to the Pledged Increment Revenue for the year in which the 50%threshold is achieved and each year thereafter during the Phase I Term unless a greater Benchmark is achieved;and C. Developer must certify that 70%or the Commercial/Retail Space has been occupied by the commercial/retail tenants by at least the eighth year or the Phase I Term as deflned herein. Once the 70%threshold is obtained, whether it be in any year prior to the end or the-eighth year or the Phase I Term.the threshold shall be deemed satisfied forever.even if in the future the actual amount occupied thereafter is less than 70%. Accordingly, as long as Developer did not default under any commercial lease and continues in good faith to re-market the property for lease, once satisfied, Developer shall be entitled to the Pledged Increment Revenue for year in which the 7011/6 threshold is achieved and each year thereafter during tile Phase I Term. 5.2 Certification. 5.2.1 Developer shall certify in its Annual Performance Report that it has met its obligation under Section 3.1.1 a. and 3.L.I.b. of this Agreement by providing a Certificate of' Occupancy for all residential components or the Phase I Improvements and Certificate of Completion for all nonresidential components or the Phase I Improvements from the City of Boynton Beach indicating the 100 percent completion of all Phase I Improvements and demonstrating that the taxable value of all Phase I improvements have been placed on the Palm Beach County tax tolls for the Phase I Property. 5.2.2 Developer shall certify in its Annual Performance Report that it has met its obligation under Section 3.1.Lc of this Agreement by demonstrating that it has constructed the Public Parking and by documenting signage and other means by which these Public lic Parking spaces are clearly reserved for use by tile public and excluded from use by multifamily and commercial units that are part of the Project. 5.2.3 Developer shall confirm in its Annual Performance Report that it has met its obligation tinder Section 3.1.Ld or this Agreement by providing proof of receipt of' Florida Green Building Certification, 6 5.2.4 Devclopersliall certify in its Annual Performance Report that it has met its obligation under Section 3.1.Lc of this Agreement by: a. Demonstrating that it hired and utilized the services or a job placement consultant and by reporting the job placement consultant*s activities during construction Of Phase I of the Project: b. Demonstrating that it held ajob flair;and C. Requiring all Contractors covered by the terms orthis Agreement to provide annual copies OF its records,reports or any other information necessary to monitor compliance with the provisions of Section 3.1.1 e or this Agreement and require all Contractors to Submit annual payrolls to the Developer that include the ffillowing information pertaining to all Locally Owned Small Business hired to work on or for Phase lorthe Project: name, address and the number or hours worked for the period,until a Certificate ol.'Occupancy is issued Ilor at least 90%of the residential units of Phase I of the Project. Section 6. Pledged PW ct Increment Revenue. le 6.1 Formula and Term. 6.1.1 The amount of the Pledged Project Increment Revenue to be paid Developer pursuant to this Agreement is based on (lie following formula: a. Developer shall receive Pledged Project Increment Revenue for Phase I Improvements for a term or eight (8) consecutive years, beginning the year Developer demonstrates it has met all conditions precedent to receiving Pledged Project Increment Revenue as provided in Sections 3. 4, and 5 or this Agreement for the Project and upon final certification of tax assessments within the CRA District by the Palm Beach County Property Appraiser for the preceding year (hereinafter the -'Phase I Term"). The amount of Pledged Project Increment Revenue due to Developer during the Phase I Term shall be determined pursuant to the following formula: For Years I —7 of the Phase I Term. Developer shall receive Seventy-rive percent(75%)of the Pledged Project Increment Revenues actually received by the CRA., and For Year 8 orthe Phase I Term,Developer shall receive Fifty percent(50%) of the Pledged Project Increment Revenues actually received by the CRA. 7 b. 'rho Base Year Ibr cletermining,rox Increment Revenue firom the]'reject shall be as follows, For the Phase I Term,the year prior to commencement ofconstruction of phase I Improvements on the Property. 6.2 No Prior Pledge of Pledged Project Increment Revenues. The CRA warrants and represents that the Pledged Project Increment Rcvcnues are not the subject of any prior pledge by the CRA and agrees that such revenues shall not be assigned.pledged,hypothecated or secured by the CRA for the period covercd by term of this Agreement. 6.3 Form of Payment. Paymcni ol'sitall be in the Corm ora CRA check made payable to the Developer. No payment made under this Agreement shall be conclusive evidence or tile perfisirmante of this Agreement by Developer.either wholly or in poet, and no payment shall be construed to relieve Developer of obligatiOnS Linder this Agreement or to be an acceptance of faulty or incomplete rendition or Developer's obligations under this Agreement section 7. Notice and Contact. Any notice or other document required or allowed to be given pursuant to this Agreement shall be in writing and shall be delivered personally, or by recognized overnight courier or sent by certified mail., postage prepaid, return receipt requested. The use orclectronic communication is not considered as providing proper Notice pursuant to this Agreement. If to CRA, such notice shall be addressed to: Michael Simon. Interim Executive Director Boynton each Community Redevelopment Agency 71f North Federal H i ghway, Boynton Beach. Florida 33435 With a copy to: Tara W. tinny. Esq. Lewis.Longman& Walker. P.A. 515 North Flogler Drive Suite 1500 West Palm each.Florida 33401 irto Developer.such notice shall be addressed to: Mr. Michael Ross Occon One Boynton, LLC c/o GuIrstream Property Munagernent 9804 South Military Trial 8 Suite E•1 I Boynton Beach, FL 33436 Mr. William Morris Soulliconst Advisors. LLC 777 E.Atlantic Avenue Suite 100 Delray Beach, PL 33493 F. Davis Carnalier Washington Real Estate Partners 1629 K Street N.W. Suite 1200 Washington. DC 20006 With a copy to: Bonnie Miskel.Esq. Gary S. Dunay, Esq, Dunay.Misk-el and Backman, LLP 14 SE 41"Street Suite 36 Baca Raton.FL 33432 Section 8. The failure of Developer to comply with the provisions set forth in this Agreement shall constitute a default and breach orthis Agreement. If Developer rails to cure the default within thirty(30)days or notice from the CRA. the CRA may terminate this Agreement and all obligations for payment of Pledged Project Increment Revenue to Developer shall cease. Section 9, Termination. Unless earlier terminated pursuant to the terms herein, this Agreement shall automatically terminate upon the last disbursement of Pledged Project Increment Revenue to Developer for the Project,or within two(2)years of the Erfective Date if the Developer has failed to commence construction of the Phase I Improvements subject to force majeure. Either Party may elect to terminate this Agreement by providing 45 days written notice to the other Party upon one or more or the following occurrences: a. The default of either Party. if such default is not cured within the time prescribed by this Agreement: b. The Panics enter into a mutually agreed upon,written Addendum.(lie crrccl of which it to terminate this Agreement. Section 10. Miscellaneous Provisions. 9 10®t Veit}er, The CRA shall not be responsible for any property damages or personal injury sustained by Developer 11rorn any cause whatsoever related to tiro development of'-tile Project, whether such damage or injury occurs bel°ore, during, or atter the construction or the Pre ect or the term oft is Agreement. Developer hereby forever waives.discharges,and releases the CRA,its agents.and Its employees, to the rullesi extort the lieu allows. from any liability for any damage or injury sustained by Developer, I his ra°raever,discharge,and release specifically include negligence by the CRA, its agents, or its employees, to the fullest extent the law aloin° . 10.2 Inde eat cation. Developer shall indemnify, save, and hold harmless tine CR& its agents,and its employees from any liability,claim,demand,snail, loss,coast.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 o , arises out of. or is otherwise related to tilt negligent or wrongful conduct or the faulty equipment (including equipment installation and removal)or Developer. ,Nothing in this Agreement shall be deemed to aal`taact the rights. privileges, and sovereign Immunities of the CRA as set north in Section 768,2 8, Florida Statutes.This paragraph shtalI not be construed to require Developer to indemnify tlae CTIA fur its own negligence.or intentional acts or tile CRA.its agents or employees. Each party assurnes the risk of personal injury and property erty dama;e attributable tea the acts or omissions orlhat party and its officers,employees and agetit , 10.3 Assignment. This Agreement may only be assigned the Developer to record owners or the property vrith the prior written consent of the CRA, which consent shall not be unreasonably withheld, provided, however. that any assignee hereto shall specifically assume all orthe obligations ort the eve per under this Agreement. 10.4 Successors and Assigns, The CRA and Developer each bands itself and its partners, successors, executors. administrators and assigns to the other party and to the partners, successors.executors,administrators and assigns orsu h other party.in respect to Tali covenants or this Agreement.Nothing herein shall be construed as creating any personal liability on tine part or any officer tar agent of°tile CRA,nor shall it be construed as giving any rights or benefits hereaander to anyone other than tine CRA and the Developer, 10.5 ca Discrimination. Developer shall not discriminate against any persona on the basis or race,color. religion, ancestry. national origin,age, sea, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this A reernent, 10.6 No Partnership,Etc. Developeragreas nothing contained in this Agreement shall e deemed or construed as creating a partnership,joint venture, or employee relationship. it is specifically understood that Developer is an independent contractor and that aro cmployer/employee or principal/agent is or shall be created nor shall exist by reason cal°this Agreement at the per#orrraance Linder this Agreement, 10.7 PublicRecords: Tire CRA is a public agency subject to Chapter 119. F oridaa Statutes. Developer shall comply with Florida's public Records Law. Specifically,the Developer shall: 10 a. Keep and maintain public records required by the CRA to perforin tile public services provided ror in this Agreement; b. Upon request from the CRA*s custodian of public records,provide the CRA with a copy orthe requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed tile cost provided in this chapter or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements arc not disclosed except as authori7ed by law for the duration or the contract lerm and following completion of the contract if Developer does not transfer the records to the CRA. d. Upon completion or the contract.transfer,at no cost, to the CRA all public records in possession or Developer or Leep and maintain public records required by the CRA to perrorm the service. if Developer transibrs all public records to the public agency upon completion of the contract. Developer shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Developer keeps and maintains public records upon completion of the contract. Developer shall meet all applicable requirements far retaining public records. All records stored electronically must be provided to the CRA.upon request fro rn the CRA*s custodian of public records.in a forrilat that is compatible with the information technology systems of the CRA. IF DEVELOPER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO DEVELOPER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN Or, PUBLIC RECORDS AT (561)737-3256; 710 North Federal Highway,Boynton Beach, Floeida 33435-or Au—%'ntonBeuShCRAe,6,bbfl.us, 10.8 Entire Agreement. This Agreement represents the entire and sole agreemcn(and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered,except in writing and alien only irsigned by all the parties hereto. All prior and contemporaneous agreements. understandings, communications. conditions or representations. or any kind or nature. oral or written. concerning the subject matter expressed herein.are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to after tile terms orthis Agreement. 10.9 Counterparts and Transmission. To facilitate execution,this Agreement may be executed in as any counterparts as may be convenient or required.each orwhich shall be deemed an original, but all or which together shall constitute one and the same instrument. The executed signature page(s) 1rom each original may be joins together and attached to one such original and it shall constitute one and the same instrument. Inaddition. said counterparts may be transmitted electronically (i.e.. via racsimile or pdf lormat document seat via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. II 10.10 Agreement Deemed to be Drafted Jointly. This Agreement shall be deemed to be drafted jointly and shall not be construed more or less ravorably towards any of the parties by virtue of the fact that one party or its attorney drafted all or any part thereof. Any ambiguity found to exist shall be resolved by construing the terms of this Agreement fairly and reasonably in accordance with the purpose of this Agreement. 10.11 Governing Law, Jurisdiction, and Venue. The terms and provisions of this Agreement shall be governed by,and construed and enforced in accordance with. [lie laws or the State of Florida and the United states of America, without regard to conflict of low principles. Venue and jurisdiction shall be Palm Beach County.Florida. ibr all purposes,to which the Parties expressly agree and submit, 10.12 Independent Advice. Tile Parties declare that the terms or this Agreement have been read and are fully understood. The Parties understand that this is a binding legal document. and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 10.13 Severability. If any part or this Agreement is found invalid or unenforceable by any court. Such invalidity or unenforceability shall not affiect the other parts of the Agreement if the rights and obligations or the Parties contained herein are not materially prejudiced and if the intentions or the Parties can continue to be achieved. To that end. this Agreement Is declared severable. 10.14 Voluntary Waiver of Provisions. The CRA may, in its sole and absolute discretion.waive any requirement of Developer contained in this Agreement. 10.15 Compliance with Laws. In its performance under this Agreement.Developer shall comply with all applicable federal and state laws and regulations and all applicable Palm Beach County.City or Boynton Beach,and CRA ordinances and regulations. 10.16 Effective Date. This Agreement will become eff'cctive upon the date and time the last party executes this Agreement. 10.17 Survival. The provisions orthis Agreement regarding public records. indemnity. and waiver shall survive the expiration or termination or this Agreement and remain in full force and effect. IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year first above written. WITNESSES OCEAN ONE BOYNTON, LLC a •lorida limited liability company By:, Print Namc: - Arint ar'c: .. Title: ° int 'ATC Or FI.OftlDA } COUNTY or } SS: BEFORE IVIE. an off icer duly authorized b , lace to ad i istr oaths an take acknowledgments. personally appeared 4` as — of OCEAN ONE BOYNT" ON, LLC. and acknowledged under oath that hei'she has executed the foregoing Agreement as the proper official of OCEAN ONE, BOYNTON, LLC. for the use and purposes mentioned herein and that [lie instrument is the act and deed orocE AN ONE BOYNTON,LLC. I lel he is i to me or has Produced identification. IN WITNESS OF'I'l lEPo_REGOING. I have set my han and official seal at in the State and County aforesaid on this. of a w � My Commission E-xpires: a i� �, it$ •ofMYCOW Iwo Flori a at L• t . Sd 1411 IREMAINDER OF PAGE INTENTIONALLY 1CRA SIGNATURE ON FOLLOWING PAGE1 13 WITNESSES BOYNTON BEACH COMMUNITY REDEYELOP EN CE Y Print Steen Grant.CRA bard Chair Print Nam i U . m..i �A L ,,.. STATE OF FLORIDA SS: COUNTY OF PALM BEACH ) BEFORE , an officer duly authorized by law to administer oats and take acknowledgments. ersonally appeared teven Grant as Board Chair f BOYNTON BEACH COMMUNITY -L AGENCY. and acknowledged under oath that he/she has executed the foregoing ent as the proper official of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, for (lie use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY. He/she is personally known to me or has produced as identification. IN WITNESSF T1113 FOREGOING. I have set my hand and official seal at in the State and County arbressid on this -dayof 2 I My a issio x i s: �Yic, a of Flori a t r Ek3nnis NOTARY lG FLORIDASTATE OF ® e 1 Expires 1 1 Exhibit "All (Project) (see attached) 15 t!3 AY No 1 t i A En alEty z tti� � � � C I �.R.M 1�. tl .�� �----.�a i ��.,, -• m 1111 E4- lip 4A tE �w i "1 a t an or* HEN•FREEDMAN•ENCINOSA ASSOC, _ tft k PIMM HOWAY. CH FL bttact;PA up PLAN Exhibit "B" (Property) (see attached) 17 It 647 ':� aOfiakv+FkSltls 93167 gURVBYgNG 6 M PP�NO � 24 IV2.1L s "A P:M 241-502 SKETCH AND LEGAL DESCRIPTION (NOT A URVEY) OCEAIW ONE - PHASE 1 LEGAL DESCRIPTION A PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 27, TOWNSHIP 45 SOUTH.RANGE 43 EAST, PALM BEACH COUNTY,FLORIDA, INCLUDING PORTIONS OF LOTS 1 THROUGH 8, "FUNK BROS. ADDITION TO THE TOWN OF BOYNTON",AS RECORDED IN PLAT BOOK 2 AT PAGE 13 OF THE PUBi.IC RECORDS OF PAIN. BEACH COUNTY,FI ORIDA, AND A PORTION OF LOT 41 "DEWEY'S SUBDIVISION11, AS RECORDED IN PLAT BOOK 1 AT PAGE. 37 OF SAID PUBLIC RECORDS, ALL IN ACCORDANCE WITH THE "AGREEMENT PLAT", AS RECORDED IN PLAT BOOK 10 AT PAGE 2,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 771 THENCE NORTH 890 55'38" EAST, ALONG THE NORTH LINE OF SAID SECTION 27, A DISTANCE OF 86.08 FEET; THENCF SOUTH Ona 01'22" EAST, A DISTANCE OF 22,00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89"551381, EAST, A DISTANCE OF 216.56 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE EASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE,HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 88'20'52", A DISTANCE OF 38.55 FEET TO THE POINT OF TANGENCY. THENCE SOUTH 010 431301' EAST, ALONG A LINE 15.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID LOTS 1 THROUGH 6 AND THE EAST LINE OF SAID LOT 41, A DISTANCE OF 287.77 FEET: THENCE SOUTH 88'37'13" WEST, A DISTANCE OF 268.22 FEET; THENCE NORTH 01.23'00" WEST, ALONG A LINE 60.00 FEET EAST OF AND. PARALLEL WIlH THE WEST LINE OF SAID SECTION 27, A DISTANCE OF 292.55 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE 'NORTI IERLY AND EASTERLY ALONG THE ARC OF SAID CURVE,HAVING A RADIUS OF 25.00 FEET AND A CENTRAI ANGLE OF 910 18'38", A DISTANCE OF 35.84 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH,PALM BEACH COUNTY,FLORIDA,AND CONTAIN 83,950 SQUARE FEET,MORE. OR LESS, NOTES 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AMI MAPPER 2. NO SEARCH OF THE PURI IC RECORDS WAS MADE IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION. 3. BEARINGS SHOWNHEREONARE BASED ON THE WEST LINE OF THE NORTHWEST ONE- QUARTER ETE P ,SECTION00 1MA EJSYSE STATE OF NORTH EAST ZONE. RTHRAMERIC DATUM OF 1983.1000 ADJUSTMENT_ CERTIFICATION IHEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON COMPLES WITH STANDARDS OF PRACTICE AS CONTAINED IN CHAPTER 81G17-8,FLORIDA ADMINISTRATIVE CODE,PURSUANT TO SECTION 472 027,FLORIDA STATUTES,AND THAT SAID SKETCH{ AND DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECtION. SURVEYOR AND MAPPER FLORIDA LICENSE NO.LS5111 tealsne tavt MAN ONE i 06/26/2017 as ea, 04I7S ow ore JsII a•p®yo 70 ViMT 1 Of 2 fI3 P.O.C. SKETCH AND LEGAL DESCRIPTION NW CORNER � (NOT SURVEY) {NOT 1®Ol ND?45-43 N890 55°38"E 86.08' ` r AOY TON BEACH OULEVA .P.O.B. �Ce N LINE SECTION 27-4 -43 _ t' . =25.,0 N89®55'38'°E 216.56' L•38.55' a SOO*04'22"E 0.88°20'52'° 22.00' LOT 1 '® L_�._('""•. -- O ENT 6 L 39.00° (ORB 390 PG.97 ° L„39.SA' . i D-910181,38” _LOT 2 FPL EASEMENT C w CORB 19094.PG.1699) LOT 3 00 "AGREEMENT PLAT` LOT 4 i s (P.B 10,PG. 2) z. ro ".FUNK BROS. ADDITION' W° hl° u1 PTI' z OT 5 �. 1a �wQrn LOT 6 vim 0�'' 25- 588'37'13"W 268.22" - An -n2 N _. �1O°R/W TO BE " r- 081CATEO c o im "AGREEMENT PLAT �1 {P.B. 10,PG. 2) e LOT 41 I cp "DEWEY'S SUBDIVISION" �`"- �v (P.B. 1"PG. 37) iw 41BREVIATIONS f L ARCLENOIN I a DELTA (CENTRAL ARME) L.S. LICENSED BUSINESSL.s. � L)cENsca s(mTal D.N.a. OFFICIAL RECORDS OnOx P.O.R. POINT OF OEaRNNlas :•••• (x ... .- .O.C. P31NT OF C41ARCEVENT o M.D. • PLAT OUOA iS. LINELOT41 P.e.c.1R. PALM OEACN COUNTY RECORDS_...---- —ua ---. Pa. PACE .m ®...�.. .....r...�. P.S.N. PROFESSIONAL SURVEYOn OCEAN AVENUE(SR 864) a WPM Ntw RICHT OF.WAY 091 nHroa�cr - tk roti _ _ Aa, �5 ac wt° 1^•a§n i'l`k 8rc 1� R59',Ca 077&14UiX TF. 1(3�'7_--.. Exhibit"C" 1 (Public Parking) (see attached) 20 VJ C1�sir1PN �............ can CA 104, goo "M`18 N�dB NGL1ll47Q -� --•� Irl � {�[ �t �� s k g j!r ITI • • M • • f • I ® �y • EXHIBIT"W' ANNUAL PERFORMANCE REPORT FOR (shall be required annuilly) Time Period pate Prior to and during the construction of Phase I(if applicable). 1. Mired job placement consultant on 2. Hosted a job fair on Noticed through the Community Outreach Partner,availability of employment opportunities related to construction of Phase I of the project on 4. Provided evidence of requirement in subcontractor's contracts to hire and train local residents . Provided list of job positions and descriptions to Community Outreach Partner 5< Receipt of written confirmation from the contractor and subcontractors of the requirement to useminimum living wage on Prior to and during the construction of Phase iI(if applicable): 1. Obtained approval for a 100-room hotel on 2. Provided written confirmation of approval of the 50 additional public parking spaces(identifying the public parking spaces)on Post construction Certification requirements Phase I certification(if applicable): 1. Provided Certificate of Occupancy from the City of Boynton Beach or other governmental agency demonstrating Certificates of Occupancy for the Phase I's 231 multi-family units on 2. Provided a Certificate of Completion for 21 the Project's 8,575 square feet of commercial is completed as a Grey Shell on 3. Provided certificate of completion of the 50 Phase I public parking spaces on 4. Provided written confirmation of compliance with a Nationally Recognized High Performance Green Building Rating System on 1-3 FIRST AMENDMENT TO TAX INCREMENT REVENUE FUNDING AGREEMENT This First Amendment to Tax Increment Revenue Funding Agreement ("First Amendment") is made and entered into to be effective January 15, 2020, by and between Ocean One Boynton, LLC, a Florida limited liability company, with a business address of c/o Washington Real Estate Partners, LLC, 9804 South Military Trail, Suite E-11, Boynton Beach, FL 33436 (hereinafter the "Developer") and the Boynton Beach Community Redevelopment Agency, a public agency created pursuant to Chapter 163,Part III of the Florida Statutes with a business address of 710 N. Federal Highway, Boynton Beach, Florida 33435 (hereinafter the "CRA") (collectively the "Parties"). WHEREAS, the CRA and Developer entered into that certain Tax Increment Revenue Funding Agreement dated January 16, 2018 (hereinafter "Agreement"), relating to development of the Project,as more fully defined and described in the Agreement; and WHEREAS, the Parties desire to amend the Agreement as hereinafter provided; 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) The recitals above and all other information above are hereby incorporated herein as if fully set forth. 2) Unless otherwise expressly defined herein, all terms used herein shall have the same meanings given to such terms in the Agreement. 3) Section 2.8 of the Agreement is hereby amended as set forth below with text that has been struck through indicating language to be deleted and with text that has been underlined indicating language to be added, 2.8 "Effective Date" shall mean Januai-v 16. 2018. the date the !art paf�y to this Agfeem �* 4) Section 3.1 of the Agreement is hereby amended as set for below with text that has been struck through indicating language to be deleted and with text that has been underlined indicating language to be added. Section 3.1 Construction of the Project. Developer agrees to Commence Construction of the Project within twe-(2)three.4 3 years of the Effective Date of this Agreement. Deyelo)er shall dilh-=tK, and continuously l.)ursue comt)letion, of_construction of the Pro'ect after issuance of the first building permit, subject to force maieure. 5) Subsection 3.1.1 shall remain as set forth in the Agreement. 6) Section 9 of the Agreement is hereby amended as set for below with text that has been struck through indicating language to be deleted and with text that has been underlined indicating language to be added. 01233511-3 Section 9. Termination. Unless earlier terminated pursuant to the terms herein, this Agreement shall automatically terminate upon the last disbursement of Pledged Project Increment Revenue to Developer for the Project, or within two (2) three 3 years of the Effective Date of this Agreement if the Developer has failed to commence construction of the Phase I Improvement subject to force majeure. Either Party may elect to terminate this Agreement by providing 45 days written notice to the other Party upon one or more of the following occurrences: a. The default of either Party, if such default is not cured within the time prescribed by this Agreement: b. The Parties enter into a mutually agreed upon, written Addendum, the effect of which is to terminate this Agreement. 7) 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 Developer and the CRA. This First Amendment may be executed in any number of counterparts, and one and all of which shall constitute the agreement of the Parties and each of which shall be deemed an original. To the extent of any conflict between the Agreement and this First Amendment,this First Amendment shall control. 8) Nothing herein shall alter the terms and conditions of that separate Purchase and Development Agreement dated January 16,2018,by and between Ocean One Boynton,LLC and the Boynton Beach Community Redevelopment Agency, which Purchase and Sale Agreement references and sets deadlines based upon time frames contained in the Agreement. IN WITNESS WHEREOF,the parties hereto set their hands and seals the day and year first above written. 01233511-3 WITNESSES OCEAN ONE BOYNTON,LLC a Florida limite- liability company w _ By: _ Print Name: t s t Print Name: M MF .... � - Title patu ciol.-6 6 b— Pr it Name: 0.t q-i c t aNoble- STATE OF i 0'— COUNTY OF The foregoing instrument was acknowledged before me by means of physicaal presence or ❑ online notarization, this-Iffk day of 20020 , by �IV c l _J r as representative for the OCEAN ONE BOYNTON, LLC, who is personally known to me or who has produced as identification.; r � r oaN "C LISA E.DURAN7 ?° Notary Public-State of Florida otar Public, State of Florid Commission#GG 930056 y My comm.Expires Nov 1,2023 d yl Bonded through National NotaryAssn. Name Commission o. Commission Expiration �3 [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [CRA SIGNATURE ON FOLLOWING PAGE] 01233511-3 WITNESSES BOYNTON BEACH COMMUNITY REDEVELOP N J By: Print Namj* ) - r Prin me r j g Title: PrintName: an STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence or 0 online notarization,this day of ,20 as representative for the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCYs personally known to me or who has produced - a iden ' kation. r I .fi N t r PU 11 OfTwrtda 9 N1 Name Commission No. Commission Expiration *wl Bonnie Nicldien NOTARY PUBLIC STATE OF FLORIDA Comm#GG108394 Expires 5/25/2021 [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 01233511.3 DUNAY Gary Donny Hope Cathoun Christina BiLenk€ MISKEL €onnde MiskeL Dwayne Dickerson Lauren G.Odonn Scott Backman Eta Zachariades Nicole Jaeger L.LP Eric Coffman Matthew H.Scott Rachael.Bond Patmer January 5,2021 By email Chair,Steven B.Grant Vice Chair,Ty Penserga Board Member,Justin Katz Board Member,Woodrow Hay Board Member, Christina Romelus Community Redevelopment Agency City of Boynton Beach Re: Update on Purchase and Development Agreement and Tax Increment Revenue Funding Agreement regarding Ocean One Boynton, LLC Dear Chair Grant,Vice Chair Penserga,and Board Members: As you will recall,at your last meeting,the Board discussed the Tax Increment Revenue Funding Agreement("TIRFA") expiration currently scheduled to expire on January 16, 2021, and the status of the Purchase and Development Agreement("Agreement")between the Boynton Beach Community Redevelopment Agency("CRA") and Ocean One Boynton, LLC ("Developer"), including commencement of construction of the public plaza on the CRA's parcel. In response to your inquiry,on behalf of my client, I agreed to respond back to the Board with my client's plan related to the Agreement and TIRFA and its plan for redevelopment. As it relates to redevelopment of the subject property, my client is in negotiation with a venture partner to move forward with redevelopment. To that end, my client and the venture partner have evaluated the economics of the transaction, and even with the tax increment incentives allocated in accordance with the TIRFA, the project as currently approved is not economically feasible given the rent rates applicable to the area. As such, my client has concluded that it makes no sense to proceed under the current TIRFA and in an effort to be fully transparent is prepared to let the TIRFA expire. Rather than working with the framework of the TIRFA, my client and its venture partner are in the process of considering other alternatives in response to the current economic environment and would prefer to work out all the details and return to the Board at a later date with a plan that is economically viable and will result in the redevelopment of the subject property. As to the Agreement, my client is requesting a six month extension to the condition to the Agreement requiring the commencement of construction of the public plaza to give my client sufficient time to submit its alternative proposal. We are happy to attend your next meeting to discuss this request further. Sincerely, Bonnie Miskel, Esq. BM/rmm cc: Mike Simon, Executive Director Tara Duhy, Esq. Mr. Davis Camalier 14 5.E.4th Street,Suite 36,Boca Raton, FL 33432 Tel: 15611405-3300 Fax: i561i 409-2341 +rwwArribblavr.com FonoFF�ct;uAEaN,c UNIVERSAL COUNTY-WIDE MUNICIPAL r BUILDING PERMIT APPLICATION_FORM FBcversion: PermltTY1H _- January 2020 Edition Accepted By: __ _ Application Date: Approved for use throughout Palm Beach County and Municipalities Application M KIND of PERMIT(CHECK ONE): PROPERTY OWNER: RIMARY PERMIT TENANT: �_ (]SUB-PERMIT-If Fee&Value of a Sub-Permit are ADDRESS: UNIT: ' covered under a Primary Permit,complete boxes 13,4,S.6 & CITY: ALjAAl STATE:. ZIP: 8 only to apply.If not covered under a Primary Permit, — complete the entire application to apply. PHONE: FAX;- PRIVATE AX;PRIVATE PROVIDER:❑PLAN REVIEW❑INSPECTIONS EMAIL: —_ a -- I s TRADE(CHECK ONES: PROJECT NAME: ❑STRUCTURAL ❑ROOFING ❑ELECTRICAL PCN; b 1-- -9 _ _ C2 A - (3 MECHANICAL ❑PLUMBING ❑FIRE QGAS LEGAL DESCRIPTION, OTHER: PRIMARY PERMIT#: 3:10PROJECT QDRESs: #L t--z_ crry: 2- fw FURTHERWORK_DESCRIPTION: Type of Work:tSNew ❑Addition [3Alteration ❑Repair ODemo ❑Temporary ❑Other VALUE: e PERMITTEE: NET S.F(for SFD's): SEEfEESCHEDUtE_ ASAPPUU ASAPPLIES_ _ ❑ OWNER BUILDER PER FL ST.489(AS NAMED ABOVE,FOR CONTACT INFORMATION SEE BOX 2) ONTRA OR(CERT.HOLDER); License#:_ 2 DBA(COMPANY NAME): Contact Person: CITY: STATE' ZIP• ADDRESS: EMAIL: PHONE: FAX: ra Application is hereby made to obtain a permit to do the work and installations as indicated.l certify that no work or Installation has commenced prior to the Issuance of a permit and that all work will ba peiformad to moot the standards O; all laws regulating construction In this jurisdiction. I understand that a separate permit must be secured for ELECTRICAL WORK,PLUMBING,SIGNS,WELLS,POOLS,FURNACES, BOILERS,HEATERS,TANKS,and ajR Cs- aror riirwr^'" *- OWNER'S AFFIDAVIT:I certify that all the foregoing information is accurate and that all work will be done In compliance with all applicable laws regulating constr ction and zoning. a Islll of owner 4A&&Mj pnd""s a «i -- Islar►►tun aF c ccai Print Namg: f 4 � 4A, Print Name: g NOTARY REQUIRED IF$2,500 OR MORE,OR FOR All OWNER/ NOTARY REQUIRED IF$2,500 OR MORE,OR FOR ALL OWNER/ BUILDERS R SS OFNALUE TATE OF FLORIDA BUILDERS R D SS 0 VALUE TATE OF FLORIDA COUNTY OF COUNTY OF Sworn to r affirmed and subscribed before m his, Sworn to r affirmed) ' and subscribed before met day of :' ®, 20 �, by 9p i day of ,q n� 20 ,by ? °' �I r _ Via,.• I � t�"••..,,:��`` I me 71:aA21"—,-- � Ing m � 9 J - YX I . F ( ytnature of Notary Public-State of Florida) ; (SlBnature of Notary Public-State of Florida) - RigT (Print,Type,,or Ste missloned Name of N 1 !a (Print,Type,or Sta2OR mmissioned Name of N Pu Physical Presence OR Online Notarization Physical PresenceOR Online Notarization Personally Known OR Produced Identification Personally Known Produced Identificatlon Tvoe of IdentMratinn Kilbourne And Sons Asphalt Maint. Estimate P.O.Box 6219 Estimate No: 1237 Delray Beach FI 33482 Date: 03/29/2021 PBCC U-16045 Broward CC 02-1726-W Phone 561-498-7040 Cell 561-279-5784 Fax561-278.7034 Kilboumepaving@aol.com For: Gulfstream Management Ldurant@wrepl Ic.com Boynton Trails Jab Location 114 N Federal Hwy Boynton Beach Rate Amount quantity Description 1 $25,350.00 $25,350-00 Construct free forts concrete sidewalk through ProPosed Park. Includes excavate,form,pour and finish concrete sidewalk 600'x 5'x 4". 3000 sq ft 1 $0,00 $0.00 A 1 $0.00 $0.00 Does not include tree removal or relocation 0 Qo Does not include plans,permits,testing,as builts,lay out,engineering,landscape,irrigation,any changes $O,t $ g or any item not specified.Payment due upon completion, required by permitting agency, $25,350.00 Subtotal $25,350.00 Total Total $25,350, 00l 1/1 Southern Palma Landscaping Estimate 700 E Atlantic Blvd.Ste.201 Pompano Beach,FL 33060 LIS 954-900-6400 e.wade@southernpalmslandscaping.com (fi \4 er A��dI Boynton Trail Centre 9804 S.Military Trail.Suite E2-10 Boynton Beach,FL 33436 ESTIMATE# OAT 1582 04/02/2021 CITY RATE AMOUNT PATEACTIACTIVITYDESCRIPTION 04/02/2021 � In (9)Sabal Palms with 6-8'of 9 375.00 3,375.00 Clear Trunk 7,350.00 Install(14) Live Oaks 30 Gallon, 12' 14 525.00 04/02/2021 tall, 5'spread,4'trunk 04/02/2021 LandwOng Install(20)Clusia 3 gallon 20 18.Q0 360A0 approximately 18"tall, 1 0.00 0.00 The Clusia are a shrub used for 04/02/2021 hedges and not a ground cover, please make sure this would be acceptable.There are 3 gallon sizes available and would be more cost effective. 1 0.00 0.00 Irrigation is required prior to 04/02/2021 installation of any plants. Otherwise,SPL cannot provide a warranty. 0.00 0.00 SPL would need same sort of 04/02/2021 L layout prior to Installing the plant material. Please verify all plants meet the city's requirements. SPL will not be responsible after installation if they do not meet city requirements. TOTAL $11 ,085.00 Accepted By Accepted Da "DISUPPLY. 4 XPEDX Florida Park Bench, Green Plastic Free Shipping Resin,10919055 Qb in lower 48 states Next-day delivery' BART 293839 BRAND XPVOX $303.00 ea Hassle-free returns • Florida Park Bench • Plastic Resin Strong, Durable Bench • 4' Length • Park Benches Are Great For Provides Maximum Comfort • Offices, Gardens Or Pool Areas Mfg#10919055 Green Make& Model Certifications&Standards packaging Dimensions Brand XPEDX AbilityOne Height 0.008 y 9 roved 0.027 county of origin GERMANY ADA App Length Manutacturttr Part '1o919o5S GSA scheduled size Measure IN No Made in the USA Weight 47.000 UNSPSC 56112109 TAA/BAA compliant Weight Measure LB Specifications UL Listed Width 0,060 color/Finish White HazMat Color White Hazardous X , IRRIGATION PROPOSAL Wallace Yard Maintenance LLC 733 West 9th Street Riviera Beach, FI 33404 Phone: (561) 670-5510 Oates. 041082021 Job Name: Address: d Lot SE Corner Of Boynton 114 N Federal Hwy Blv Beach Boynton Beach, FI 33435 Jpg DESCRIPTION: will consist of installing anew battery powered irrigation system off a%city In detail the project9 It will be a five zone system with six rotor heads per zone ensurin IIcover that can on all water meter six zone battery plant material on site. The system will be controlled by a 9v battery run up to a year with changing the battery. If needed, bubblers will be placed on oak trees showing any signs of struggling. ose,to furnish labor and materials in complete accordance with the above specifications We pro p Proposed Cost: $3100 tance of Proposal:The above prices and specifications are satisfactory and are hereby Accep accepted. Cute Signature PU 2C14ASEAND DEVELOPMENT AGRCCMCNI' Ram 3]of 77 ' r Yl t to b err r z� ,4 tp + , ry L n { rt}��R; t �r dr fll r 1 x-f in j. a FA to r 1 A 4 �s• �1. ...ra,t Rumpf, Michael From: Pinder, Craig Sent: Wednesday, September 08, 2021 12:51 To: Rumpf, Michael Subject: RE: "Plaza" at Ocean One I Permit#21-2330 The application was submitted on May 13th,all comments were issued on June 1st and sent to the applicant's email (kilbourneoavir@aol,cor ). I provided additional comments on June 17th after speaking with Amanda, and those additional comments were sent to the applicant on June 18tH Craig Pinder Planner II Development, Planning&Zoning ' Mailing Address: 13.0. Box 310 I Boynton Beach, Florida 33425 Physical Address: 100 E. Ocean Ave. I Boynton Beach, Florida 33435 561-742-6264 PinderC@bbfl,us oynton-beach.org/ 000 13 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From: Pinder,Craig Sent:Wednesday,September 8, 20218:27 AM To: Rumpf, Michael<RumpfM@bbfl.us> Subject: FW: "Plaza" at Ocean One I Permit#21-2330 Good morning Mike, The P&Z reviews for the plaza at Ocean One is copied in the email below.There hasn't been any movement on the permit since the initial submittal. From: Pinder,Craig Sent: Friday,August 6, 20218:28 AM To: Radigan,Amanda<RadiganAbbfl,us> Subject: "Park" at Ocean One I Permit#21-2330 Hi Amanda, Below are the review comments from P&Z.The permit was submitted on May 3rd or the 13th(the "in" dates aren't the same for the submittal entry and the other review disciplines) and has not come back in for corrections as yet.After our discussion in June, I made additional comments on the permit on June 17th 1 5/26/2021, 1:51:27 PM BYB2KDZ Reviewed by Katie Hatcher(tiaherk2bbfl, ) Results: 21-2330 1st Review(Cycle 00) Not Approved Please make the following corrections: 1. Submit a current survey of the subject property. 2.Submit a City Commission approved site plan for the proposed improvements. 3.Submit a City approved landscaping and irrigation plan for the proposed improvements. 4.The sketch submitted indicates a location that conflicts with approved plans for the still valid Ocean One project. 6/17/2021, 3:41:00 PM BYB2CHP Please make the following corrections: (1)The submitted drawing is insufficient to conduct a complete review. Please submit a complete set of professionally drawn plans.These plans should include a Landscape Plan, Irrigation Plan, and Tree Disposition Plan (if applicable). (2) Please submit a detail of the sidewalk. (3) Please submit a letter of approval from the Boynton Beach CRA for the proposed park/landscaping improvements. Navaline screenshot: AWIVW00 WuMbtf 31 OW02330 AddreU2221-4 FE EPA'L HY N 55 RCN Application Type COW.,,, CiE€-.4000vie* XT Lot Number Tenant Narne,Number N Federal pon, Veamnlepath Step equiredmate Option Ry a ltw Steps Agent? Iptlon `_ In` Corno;eu n 4 SUBMITTAL QUICK ENTR 000 A OD N OM21 000 4 00 05132t PLANt4JNC&Z0NkNG 000 a 00 t4 050321 1* PLANNING&ZONIN'v 000 a 01 %i �°St,7 i EL E T iCAL 000 C 00 N 050321 0615 OLUMB!"G 0e30 D 011 0503211 ovi S-TPUCIVPA. 000 F 00 N 0$0321 1a ENGINEEWNC r4 Cr,;r7 1s rooas1rep 000 is 00 050321 061; I V NOTSC �.FORCOHENT 06011T 1! s NolliClEfORCOIAMENTS 000 N 01 4 OW211 Wro 2 LEWISAttorneys at Law L LW LONGMAN Ilw-law.com WALKED[ Reply To: tduhy@llw-law.com September 7, 2021 Ms. Bonnie Miskel, Esq. Dunay, Miskel and Backman, LLP 14 SE 4th Street, Suite 36 Boca Raton, FL 33432 RE: Ocean One Boynton, LLC Dear Ms. Miskel: On behalf of the Boynton Beach Community Redevelopment Agency ("CRA"), please accept this letter requesting an update from your client, Ocean One Boynton, LLC, on the status of construction of the public plaza on the former CRA property that is required as condition of the Purchase and Sale Agreement dated January 16, 2018. On May 9, 2021, you notified the CRA that a permit application for the Project had been filed with the City of Boynton Beach. Since that time, the CRA has not received any additional information regarding your client's efforts to comply with the Agreement. As you are aware, the deadline to commence construction of the Project was extended to March 9, 2021. If the CRA does not receive evidence that commencement of construction is imminent, the CRA Board will consider issuing a notice of default to your client at its next Board meeting on September 14, 2021. V a to contact me with any questions. I look forward to hearing from you. urs, y c: Davis Camalier William Morris Michael Ross Gary S. Dunay, Esq. Thuy Shutt 01534952-3 JACKSONVILLE ST.PETERSBURG TALLAHASSEE TAMPA WEST PALM BEACH 245 Riverside Ave. 100 Second Ave.,South 315 South Calhoun St. 301 West Platt St. 360 South Rosemary Ave. Suite 510 Suite 501-S Suite 830 Suite 364 Suite 1100 Jacksonville,Florida 32202 St.Petersburg,Florida 33701 Tallahassee,Florida 32301 Tampa,Florida 33606 West Palm Beach,Florida 33401 T:904.353.6410 T:727.245.0820 T:850.222.5702 T:813.775.2331 T:561.640.0820 F:904.353.7619 F:727.290.4057 F:850.224.9242 F:561.640.8202 See Things Differently' From: Zmoa luby To: Shutt,Ihuy; Niddhn^Bonnie Subject' FW: Update onthe Plaza atOcean One Date: Tuesday,September 7,zozz*:so:s*pm From: Bonnie Miske| <bmiske|@dmbb|avv.com> Sent: Tuesday, September 7, 2O214:37PM To: Tara Duhy<tduhy@||vv'|avv.com> Cc: Mike Ross <mross@vvrep||c.com> Subject: Update onthe Plaza atOcean One FExternal Email Good afternoon, In response to your request for an update, my client's permit application is in for permit review. While vvehave received and been signed off onsome ofthe review comments, vvehave some issues with certain comments that need some clarification/resolution related to process. My assistant is in the process of setting up a meeting or call with both CRA staff and City Planning and Zoning staff to hopefully provide us with some direction in moving forward through the permit review process. | will keep you apprised ofour progress. |fyou have any questions, please let meknow. Sincerely, Bonnie MiskclEsq. Dunay Miskcland Backman, LLP 14 SE 4th Street Suite 36 Boca Raton, Florida 33432 i Main line: (561)405-3300 Direct line: (56|)405-332| Mobile: (561)306-7087 DISCLAIMER:This email iscovered by the Electronic Communications PrivacyAct,18 U.S.C. and is legally privileged. The information contained mthis email isintended only for use orthe individual o,entity named above. nthe reader orthis message is not the intended recipient,o,the employee o,agent responsible for delivering umthe intended recipient,you are hereby notified that any dissemination,distribution,o,copying orthis communication/sstrictly prohibited. nyou receive this email merror,please notify the sender immediately at the phone number above and delete the information from your computer. Please uonot copy o,use ufor any purpose nor disclose its contents many other person. cowpmswnxury woncs: This email message mmumno any attachments/s intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized review,use,disclosure o,distribution isprohibited. If you are not the intended recipient,please contact the sender by reply email,destroy all copies of the original message,and do not disseminate it further. If you are the intended recipient but do not wish to receive communications through this medium,please advise the sender immediately. DUNAY Gary Dunay Hope Cathoun Christina BEtenk€ MISKEL €onnie Misket Dwayne Dickerson Lauren G.Codon Scott Backman Eta Zachariades Nicole Saeger L.LP Eric C&I'man Matthew H.Scott Rachael.Bond Patmer October 6, 2021 By email to: shuttt@DbbfLus Thuy Shutt, AIA FRA-RA Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue Boynton Beach, FL 33435 Re: Update on Ocean One construction of Plaza Dear Thuy: As you will recall, a condition of the Purchase and Development Agreement ("Agreement") between the Boynton Beach Community Redevelopment Agency("CRA") and Ocean One Boynton, LLC("Developer"), included commencement of construction of the public plaza on the former CRA parcel ("Plaza") in the event Developer failed to commence construction of any of the improvements within the approved site plan. As development was not commenced timely, my client submitted an application for a permit to construct the Plaza in accordance with the plan that was attached to the Agreement. After receiving a number of comments associated with the permit application and speaking with both you and the City of Boynton Beach Planning and Zoning staff, we have come to the conclusion that in order to address permit comments, multiple additional plans would be required that were never envisioned by the Agreement. One such plan is a full site plan inclusive of all documents associated therewith for the Plaza. Other plans include irrigation, lighting, landscaping and potentially drainage. While the construction of the Plaza is intended to be temporary in nature, a new site plan for the Plaza would normally nullify the underlying site plan to the extent that they overlap which is obviously in conflict with the City's, CRA's, and owner's ultimate interest in the site being redeveloped. As my client does not want to nullify the underlying plan, an alternative proposal we wish to present to the CRA is to pay the CRA the value of the park improvements (attached to the permit application) in the amount of$39,000 to use for any other CRA or City open space plaza or park. I understand that you intend to provide the CRA with an update at the October 12, 2021 meeting. I will be attending the meeting to discuss this proposal if it pleases the Board. Sincerely, Bonnie Miskel, Esq. BM/rmm cc: Chair, Steven B. Grant Vice Chair, Woodrow Hay Board Member,Ty Penserga Board Member,Justin Katz Board Member, Christina Romelus Tara Duhy, Esq., CRA Attorney Mr. F. Davis Camalier Mr. Michael Ross LEWIS Attorneys at Law LLW LONGMAN llw-law.com WALKER Reply To:krossrnell@llw-law.com October 29, 2021 Bonnie Miskel, Esq. Dunay, Miskel and Backman, LLP 14 SE 4th Street, Suite 36 Boca Raton, FL 33432 Dear Ms. Miskel: On behalf of the Boynton Beach Community Redevelopment Agency ("CRA"), please accept this letter concerning your client, Ocean One Boynton, LLC, and the status of the construction of the public plaza on the former CRA property, which is required as a condition of the Purchase and Sale Agreement ("Agreement") dated January 16, 2018. As you may recall, at the October Board meeting, the CRA Board declined your client's offer to pay the CRA $39,000 in exchange for the release of the public plaza requirement. Instead, the Board elected to provide your client with three options to address the failure to commence construction: 1) Your client may pay the CRA$20,000 for a two-year extension to receive a building permit for the public plaza, which would create a new deadline of March 9, 2023. As part of this option,your client would be required to provide updates on the status of the construction to the CRA Board every six months. 2) Your client may offer the CRA a larger payment in exchange for the release of the condition.The Board indicated it was unlikely to accept an offer that is less than$100,000. 3) The CRA may declare your client in default of the Agreement and pursue all remedies available thereunder. 01561104-3 JACKSONVILLE ST.PETERSBURG TALLAHASSEE TAMPA WEST PALM BEACH 245 Riverside Ave. 100 Second Ave.South 315 South Calhoun St. 301 West Platt St. 360 South Rosemary Ave. Suite 510 Suite 501-S Suite 830 Suite 364 Suite 1100 Jacksonville,Florida 32202 St.Petersburg,Florida 33701 Tallahassee,Florida 32301 Tampa,Florida 33606 West Palm Beach,Florida 33401 T:904.353.6410 T:727.245.0820 T:850.222.5702 T:813.775.2331 T:561.640.0820 F:904.353.7619 F:727.290.4057 F:850.224.9242 F:561.640.8202 See Things Differently' Bonnie Miskel, Esq. October 29, 2021 Page 2 Please note that failure to select an option may result in the CRA Board issuing a notice of default to your client. Please feel free to contact me with any questions. I look forward to hearing from you. Very Truly Yours, Kathryn Rossmell c: Davis Camalier William Morris Michael Ross Gary S. Dunay, Esq. Thuy Shutt Tara Duhy 01561104-3 i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD M EETING OF: November 9, 2021 ANNOUNCEMENTS AND AWARDS AGENDAITEM: 8.A. SUBJECT: Florida Redevelopment Association (FRA)2021 Roy F. Kenzie Awards SUMMARY: The Florida Redevelopment Association (FRA) awards program recognizes the best in redevelopment in Florida. Within 13 juried categories, the Roy F. Kenzie Awards celebrate the most innovative and effective redevelopment programs in Florida. Winners demonstrate innovation and a positive impact on their communities and inspire other Florida communities. The FRA presents awards annually to projects that exhibit the best practices in Florida redevelopment over the past year. The winners were honored during FRAs 2021 Annual Conference awards dinner held on October 28, 2021 in Ft. Myers, Florida (see Attachment 1). This year the Boynton Beach Community Redevelopment Agency (BBCRA) was awarded the Outstanding Housing Project Award for the 123 unit Ocean Breeze East Affordable Multifamily Rental Apartments Project. The project rose above the other submissions not only for the quality design but also for the flexible financing options in the Purchase and Development Agreement and the collaboration between the CRA, City, and the developer, Centennial Management Corp.(CMC), to deliver the much needed units in record setting pace (12 months), inspite of the challenges of the COVID-19 Pandemic. The FRA awards committee carefully selected the winners from 85 entries. The winners are highlighted in the 2021 Best Book along with the other entries received as a celebration of the quality work that has transformed Florida in 2021 (see Attachment II). Three CRAAB members, Ms. Angela Cruz, Ms. Aimee Kelley, and Ms. Yvonne Skovron, and Executive Director, Thuy Shutt, were present to receive the award on behalf the BBCRA(see Attachment III). 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. 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SUBJECT: The 10th Annual Boynton Beach Haunted Pirate Fest and Mermaid Splash Project Recap SUMMARY: EVENT RECAP The 10th Annual Boynton Beach Haunted Pirate Fest & Mermaid Splash was held on Saturday, October 30, 2021 and Sunday, October 31, 2021 from 11 AM to 8 PM each day. The free event took place in Downtown Boynton Beach at 100 E. Ocean Avenue, and along portions of the avenue between Seacrest Boulevard and Federal Highway. The event featured multiple areas of live entertainment and activities, including: Acrobats, Wheel Walkers, Magicians, Live Music, Cannons, Gypsy Dancers, Pirate Reenactments, Silk Dancers, Fire Dancers, Comedy Shows, Dance Performances, Live Mermaid Encounters, Pirate Characters, Kids' Activities, Retail and Food/Beverage Vendors. An onsite survey was conducted via Survey Monkey (Attachment 1) and we had 415 individuals respond: • 43% reside within Boynton Beach, 34% within Palm Beach County, 18% outside of Palm Beach County, and 5% outside of the state. • 54%were first time attendees, with 46% being returning guests. • 75% of people found the overall experience of the event to be excellent. As part of a business development initiative, thirteen (13) BBCRA area businesses, offering retail, food, and professional services were featured at the event. Event patrons who participated in the festival's treasure hunt were guided to interact with the following BBCRA area businesses: ArtSea Living Studio & Boutique Gallery, Dritwood, Just Eatz, Organic Kitchen & Mercantile, Aurora's Mexican Kitchen, The Sol Oasis Healing Arts Center & Yoga Studio, Troy's Bar-Be-Que, Guaca Go, The Boardwalk Italian Ice & Creamery, Pio Pio, One Plant, Property Damage Consultants, and Found At Sea Charters. Additionally, nine (9) BBCRA area businesses participated in the community partnership program. The program was an initiative to promote local businesses who were unable to exhibit at the festival or wanted to receive additional exposure for their business. Participating businesses were featured on select Pirate Fest marketing collateral. The featured businesses were 500 Ocean (Avanti Residential), E&C Beauty Salon Experience, Found at Sea Charters, Guaca Go, Pio Pio, Property Damage Consultants, The Sol Oasis Healing Arts Center& Yoga Studio, South Florida Marine, and The Butcher&The Bar. Community engagement was encouraged through a variety of contest and promotions, such as: Hooks & Tails Costume Contest, Business Development Treasure Hunt, Costume Contests, and Mermaid Pageant. MARKETING RECAP Atlantic Current Magazine — A digital marketing ad was run with the Atlantic Current Magazine to promote the event to the publication's I nstagram and Facebook followers (see Exhibit A). Cost: $800 Promotional Banner at Hampton Inn — A ten foot promotional banner was hung on the Boynton Beach Hampton Inn & Guest Suites to promote the event (see Exhibit B). Cost: $1,525 Promotional Banners — To increase exposure for the event, promotional banners were hung at the BBCRA properties located at 401 E. Boynton Beach Boulevard and the vacant lot located on the northeast corner of Seacrest Boulevard and NE 31d Avenue (see Exhibit C). Cost: $350 Street Banners — Promotional street banners were hung throughout the Downtown area along E. Ocean Avenue and at the intersection of Boynton Beach Boulevard and Seacrest Boulevard (see Exhibit D). Cost: $7,825 Billboards — Promotional billboards were displayed at three locations along 1-95 (Gateway Boulevard, Sunrise Boulevard, 10th Avenue) during the month of October. The digital billboard locations have a nine-second spot looping every 72 seconds (see Exhibit E). Cost: $5,469 Coastal Angler - A full-page ad was published in the Coastal Angler Magazine to promote the event. The Coastal Angler Magazine is a source for anglers, boaters, and conservationists and is the second largest free outdoor publication in the nation with 40,000 circulation per month in Palm Beach, Broward, Dade, and Monroe counties (see Exhibit F). Cost: $500 Coastal Star- A quarter-page ad was featured in the Coastal Star to promote the event. 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 G). Cost: $525 Every Door Direct Mailer (EDDM) —An Every Door Direct Mailer was sent to 52,153 addresses located within the Boynton Beach zip codes 33426, 33435, and 33436 (see Exhibit H). Cost: $13,527.31 Event Map and Schedule —An event map and schedule was created to display the layout of the event site, outline the featured entertainment, and spotlight the event sponsors and community partners (see Exhibit 1). Cost: $1,375 Funfare Magazine — A save the date ad was published in the City of Boynton Beach Funfare magazine to promote the event (see Exhibit J). Cost: $0 Gateway Gazette — Two ads were published in the Gateway Gazette to promote the event. A full- page ad was published for general advertisement of the event and a double-page spread was published to promote the BBCRA area businesses that would be featured at the event (see Exhibit K). Cost: $1,842 iHeart Media —A radio ad campaign featuring two promotional radio spots was featured on three (3) iHeart Media radio stations: Gater 98.7, Wild 95.5, and The New 93.3 (see Exhibit L). Cost: $4,162 Neighborhood News — A full-page ad was featured in the Neighborhood News to promote the event. The Neighborhood News publication is a great way to reach out to the western Boynton Beach communities. The publication is mailed to 17,500 homes/clubhouses, with over 10,000 additional subscribers that read the digital edition online and on Facebook (see Exhibit M). Cost: $450 New Times — A print and digital marketing campaign was run with the New Times to promote various aspects of the event, including entertainment, activities, and featured sponsors (see Exhibit N). Cost: $3,300 Postcard — A promotional postcard was created and distributed to various locations throughout Boynton Beach, including City of Boynton Beach Facilities, businesses, and schools (see Exhibit O). Cost: $260 Poster - A promotional poster was created and distributed to various locations throughout Boynton Beach, including City of Boynton Beach Facilities, businesses, and schools (see Exhibit P). Cost: $160 Street Signs — Fourteen (14)custom street signs were designed and installed at various locations throughout Boynton Beach to promote the event (see Exhibit Q). Cost: $2,665 Treasure Hunt Map — A treasure hunt map was created to highlight the thirteen (13) participating BBCRA area businesses that were featured at the event. The treasure hunt maps were distributed to event patrons at the event to encourage them to interact with participating businesses (see Exhibit R). Cost: $495 Utility Bill — A promotional marketing flyer was included in the City of Boynton Beach utility bill to promote the event (see Attachment S). Cost: TBD Social Media Campaign — The Boynton Beach CRA and Boynton Beach Haunted Pirate Fest & Mermaid Splash social media platforms were utilized to promote a variety of paid and organic social media marketing initiatives. Various posts were created to promote the event, vendors, sponsors, entertainment, participating businesses, volunteer opportunities, and the contests that were featured at the event (see Attachment T). Cost: $1,000 FISCAL IMPACT: FY 2021-2022 Project Fund, line item 02-58500-480, $375,000 (event), $46,230.31 (marketing) CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Redevelopment Plan CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board ATTACHMENTS: Description D Attachment I -Survey Results D Exhibits A-T 2021 Boynton Beach Haunted Pirate Fest & Mermaid Splash Q1 Please select your age range Answered: 414 Skipped: 1 18-24 -_ §* 25-34 35-44 45-54 P 55-64 65+ 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES 18-24 16.43% 68 25-34 23.67% 98 35-44 35.02% 145 45-54 12.56% 52 55-64 8.45% 35 65+ 3.86% 16 TOTAL 414 1/ 10 2021 Boynton Beach Haunted Pirate Fest & Mermaid Splash Q2 Please select which best applies to you Answered: 413 Skipped: 2 t I live inti � � Boynton Beach I live in Palm Beach County I live in Florida,but... wI, "o,s �t� Iamvisiting +V,tir from... 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES I live in Boynton Beach 43.10% 178 1 live in Palm Beach County 33.66% 139 1 live in Florida, but outside of Palm Beach County 18.16% 75 1 am visiting from out-of-state 5.08% 21 TOTAL 413 2110 2021 Boynton Beach Haunted Pirate Fest & Mermaid Splash Q3 What is your zip code? Answered: 408 Skipped: 7 3/ 10 2021 Boynton Beach Haunted Pirate Fest & Mermaid Splash Q4 Do you plan to stay in a hotel during the event weekend? Answered: 395 Skipped: 20 Yes No 11 Im 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Yes 3.80% 15 No 96.20% 380 TOTAL 395 4/ 10 2021 Boynton Beach Haunted Pirate Fest & Mermaid Splash Q5 How did you hear about this event? Select all that apply. Answered: 396 Skipped: 19 Social Media Digital Ad Newspaper/Magaz ine Poster/Postcards Flyer received a in the mail Street signs i I li��l'!il�i`i jlYiililY ill��SII I,I Word of mouth oil= Radio �{ TV 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Social Media 49.75% 197 Digital Ad 5.56% 22 Newspaper/Magazine 5.81% 23 Poster/Postcard 8.08% 32 Flyer received in the mail 9.60% 38 Street signs 25.25% 100 Word of mouth 30.05% 119 Radio 1.26% 5 TV 2.27% 9 Total Respondents: 396 5/ 10 2021 Boynton Beach Haunted Pirate Fest & Mermaid Splash Q6 How many people are in your party? Answered: 396 Skipped: 19 ANSWER CHOICES RESPONSES Adults 99.49% 394 Children 70.20% 278 6/ 10 2021 Boynton Beach Haunted Pirate Fest & Mermaid Splash Q7 Is this your first time attending the Boynton Beach Haunted Pirate Fest & Mermaid Splash? Answered: 395 Skipped: 20 Yes No 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Yes 53.92% 213 No 46.08% 182 TOTAL 395 7/ 10 2021 Boynton Beach Haunted Pirate Fest & Mermaid Splash Q8 How would you rate your overall experience of the event? Answered: 395 Skipped: 20 Excellent - Good Neutral Somewhat disappointing Extremely ', disappointing', 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Excellent 74.94% 296 Good 23.04% 91 Neutral 1.52% 6 Somewhat disappointing 0.25% 1 Extremely disappointing 0.25% 1 TOTAL 395 8/ 10 2021 Boynton Beach Haunted Pirate Fest & Mermaid Splash Q9 Which previous BBCRA Events have you attended? Please select all that apply. Answered: 352 Skipped: 63 Boynton Beach Haunted Rock the Plaza Rock the Block Boynton Beach Night Market lye Rock the Marina J i1 " Boynton Beach Holiday Boat.. 1�����i���11�(�������yh������ �P�I iil ll�i li h ii i 1 i ilii.i In Culture Art Walk Blarney Bash 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Boynton Beach Haunted Pirate Fest& Mermaid Splash 69.89% 246 Rock the Plaza 16.48% 58 Rock the Block 11.65% 41 Boynton Beach Night Market 11.93% 42 Rock the Marina 10.80% 38 Boynton Beach Holiday Boat Parade 23.58% 83 In Culture Art Walk 17.90% 63 Blarney Bash 8.52% 30 Total Respondents: 352 9/ 10 2021 Boynton Beach Haunted Pirate Fest & Mermaid Splash Q10 To receive more information about upcoming free events & promotions sponsored by the BBCRA enter your email below. Answered: 353 Skipped: 62 10/ 10 Exhibit A — Atlantic Current M ! t t N c_ Exhibit — Hampton Inn Pro motional Banner Exhibit C — Promotional Banners Niz�� I {tk..72)t - �7 - zur t t 7 r frit t�1`r rt �r, h t t ' 'r � 4tir4 fyt �rr . >afrt. -�S11�tk;� -- &,,iv. Exhibit D — Street Banners e Js. t� k a z�. tai? k 1 til HUE i� r4 t s Exhibit E — Billboards a_ s ii{ Im �-1 4; IMP MEN JIMM Im a . tlN , r N �- 1 Exhibit F — Coastal Angler Magazine - n' �z 4 s5� INTERPRETERS AVAILABLE UPON REQUEST COPPlh1M@BBFL LIS 561- 500-9097 Exhibit G — Coastal Star jj t fn ��. } }� t 4Y \� MR } S £ } x 1 yf � r i INTERPRETERS AVMLABLE UPON REQUEST " I @BBFI..0 561-600-9097 Exhibit H — Every Door Direct Mailer (EDDM) I „a 4 PPkt':�Ir m r .t I WIN , ,INTERPRETERS AWAILA9,LE UPON REQUEST COPPI'..NM@®RFL.11S•561-600-9097 F J r 1t� f••:!�9�+ptl�y �r ti'tl�I S,.rAtiIr5IL5R.0 Na;uw�wa�a.. Exhibit I — Event Map E - £ i � 7 r . - „4� FREE ACTIVITIES oGMW LES -MWE omf .FWA PANTI m auk Kw ur)w o m a _STOA, aTdfXI 9A I TREAD Agri& 2=117M. OASISAAE TMOWIft ' LOUNGE "dfUsat� mica E3 "m m fi f a i� tt d) i�Srf N{ tr- t t,�n Exhibit J — Funfare Magazine - }s�� tl�t ��j$j�jfj ���\ts Jc,iil s 1 !(l cit '.}, ti\ ',i (r �It;+•St�gSI ii� i} t�( r 5�2: 1 ttr„} `,tr ! tt sir Sr(' t}1._ o�S -- {(tt i�r4la�'�'��i2{Slll{it t,,: , ,;{ } ,"",i1,iJi1, � };ii\ ,r r} .,}},fr<'... ;tl slt 24St1 it➢, x iI){;,s i , t}Sift}1511}(!!11 ytSii ll�t '' � � +i�,rt)}7},11,��11k't 1r« 72j „t rl�7Zlt�?}11�tj�ii!S r�r i,ys f{t,�Y ai „1,1�, 1 ,, Cr ti, ,),t}i}. „ ?;,;:ni } r s}ti>it�,j�\;1t(flii�l;�;r4?rl\h;}��41t�lVI{t��})t(k�)1�yir•4i};4�\t"s,. Y i M l` F 4 1 1` )ft rijll'9t,"sr t 1tSt-I.>s t tt 4 �1 rf s,c:r r r tt iti i,tti �.. 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INTERPRETERS AVAILABLE UPON REQUEST PPINMt' 8REL,U g 561-600-9097 Exhibit N — New Times r , r f� t b ;�rtt t � a 7 it- i fr )NSA i r Exhibit O — Postcard i 4 a�}- 4�� { ��-�1 r. _Y � Y ! L— - — 14 G�t ,r 5 4$.ds�ipi rs� �•o !1`' .S S} _ $ t r r fi� r t = t Exhibit P — Poster ��jt Ut OR W'N RA s� i -- t s i_ t COMMUNITY REDEYElOF ENT AGENCY Imo, r a INTERPRETERSAVAkdA,BRE UPON REQUEST•COPPINMGGBFL US 5$1-600.9097 S, Exhibit Q— Street Signs _ � 1 ft ' MEN �1•j!�}�1 �5� �lt���l�1 tif'� 'l�\"� 17 f ��k��$���1111\ S1))� PRESENTED BY BOYN =BE CrHq,�,RA FREE EVENTT COMMUNITY REDEVELOPMENT AGENCY BBPIRAI' l ` INn` 1� ,SyS%,fs r y c t� ill I r 0111, a a �r tt Exhibit R — Treasure Hunt T1 p 3 m r - � u i -- Exhibit S — Utility Bill S �-k F INTERPRETER$AV ALAS"OPON REQUEST - COPPINMOOMAJS •$61-600-4097.. F - �s Z= Exhibit T — Social Media P 1Nlanmm r.r Ca.Yom TInm, 1 34i ?s,eta;rnp I ,aw i.1r,, f 7 NWI,3 1 u• 1 As 16 1e, & 4 ti 5, 6 l 0, [;. � v a ygl�x, etiu Performance for Your Post L+nywon Beach Hasamed G4raw rev;and Meimaid 9plassh _ 12 €3 883 BOO LL'crget to v"Sit Tt e r o d"a l IW"I'l loe r c mar',c',i HovY rh uteac,h 28 _ FL dasnang The 1011,Anowal Bc,�nton Beach Haunted PwaBe FestA,Nierinaai Ussrippo'€ s.,MmI o's, 24 24 6 3 3 4 B 0 0 g 10 ' s 2 3 5 NEGATIVE FEEDeACX 0' ,A,. Gal More LL.dcrs,Comments And 44aa+va ''A''Po n you Boast th-pos[..yry'II mors]3.o mn a people.. gal ata Nle IsBoynton each Haunted Pirate Fast and Mermaid Splash Du n is- t,-, !Re.-e e k�RI,b 0 1',j S A fl,,, Thanks to ou:r sponsors_ Bl va- Vve,,,t Rfln,,i Be-,ac, and Due 11 1 -j 6 h 3 rew i n g Pirates e's Reb e�h o n,�s back forthe he e "Dth A n a Boyn,110- 2eac'9 Hal)I-Ited 9111 ee fa. ' re-n a a Splasl,".Grab this special-edition.beer Hafloween Weekend! R Aw U T dues Boynton Beach Haunted Pirate Fest and Mermaid Splash ,,uL�I,Ped by Azir-, 16 Thanks to !D ,e So,,,,,,h E`,reving, Pirates Rebellion ;,will be sold on tap and�n limited cans during the event! Who's thirsty? 607 24 People retic ed Engagernerts D'svJoution Score 3,Cownnent.�; 1 Share Boynton Beach Haunted Pirate Fest and Mermaid Splash Have you seen this prate? Thank you to Irr, 6"r-w-or, ea&,for sponsorsq The 10fir; Ar'nual Eoyn'�j--"n Gpaw Haunted P,,'ate Fest ate. N-fetri-la'd sp-dmh .......... s i Sig4230'� 1101111,1 'K ............. wo 1,943 183 T, +Ux Average Pe"'Cle reachea ---npga�rejlts Diszrrbu-zior-Score (Dio �r) S, Ccwrmentf, Shares Boynton Beach Haunted Pirate Fest and Mermaid Splash M LI:^th:rhe.. b en_. MivY ed ".wtt.`!em 0Vel',' K 52-', ''A 10 "hark you iHea,r"Rath o Feach Due udIJ Bre a Coastal Angler ,Irm IBrpt Ir' Bad,, -Ir e,i ia F :P r ear Cha,IneI F.,-5j rd-.Zi':' oe C w sul-ant's CroRtt `mere, u a c a <.c 7''e Wilt r ur a .y, The 2,LB;l'. E&C,s S91or, E.nrienent`e `avu t o4dt you the 7f"e 32"In A.nn za vrtor", Peaic`i H,au l._di r41 rust=' Fesl- tr � THANK YOU OUR SPONSORS&COMMUNITY PARTNERS ;r Vis,: ^ Ott 1,668 100 T IOx Average People fe-ach0d Engagements M,,. but" n Scare i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD M EETING OF: November 9, 2021 INFORMATION ONLY AGENDAITEM: 9.A. SUBJECT: Public Comment Log SUMMARY: The CRA Board is being provided the Public Comment Log for the time period since the last Board meeting (see Attachments 1-11). CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board ATTACHMENTS: Description D Attachment I - Public Comment Log o Attachment II - 10th Annual Boynton Beach Haunted Pirate Fest& Mermaid Splash Comments s�. o ' 0 w a 0 m m U) U) 0 J U U (6 (6 Z mN mN W (6 C (6 O Q O — C 0 0 c O -O O -O U Q06 Q06 s (l) ° � L LL 0 IL 0 ILU U r CV O Qx Qx CV 0 0 ' U U rrs t 'r rn LU U U t ` � to t _ to i � � Y to O W U U r V LL O O O Curfman, Vicki From: Barb Moline <kissedbyapixie@yahoo.com> Sent: Monday, November 1, 2021 9:56 AM To: Hussain,Azim Subject: Re: Pirate Fest Load-in Information Good morning! Happy Monday! You put on a great event this weekend. I feel very blessed to have been invited and paid as a vendor. I appreciate what you and your crew did, it was a great. Jaqueline was A LOT of help to me and checked on me constantly. I hope you will keep me in mind for future events. I would love to get on your list and be invited back. Have a great week. Barb Moline Kissed by a Pixie: Glittering Fairy Hair http://www.kissedbyapixie.com/ On Friday, October 29, 2021, 11:31:55 AM EDT, Barb Moline <kissedbyapixie@yahoo.com>wrote: Thank you for getting back to me! I have been burned before so I always bring lights but I didn't want to have to haul a table if I didn't have to. That is a huge help! Trying to pack light! See you tomorrow! Barb Moline Kissed by a Pixie: Glittering Fairy Hair http://www.kissedbyapixie.com/ On Friday, October 29, 2021, 11:27:22 AM EDT, Hussain, Azim <hussaina2@bbfl.us>wrote: Yes, there is a 6'table, two chairs, and lighting. Feel free to bring some additional lights because you will be able to plug in 1-2 additional low powered items. ,zirci Hussain Marketing Business Promiotions Consultant Boynton Beach Comimiunity I ede °elr:pmient Agency 100 E. Ocean Ave. Boynton Beach, Florida 3435 561-600-9096 (61) 737-3258 1 6d HuaaoinA2@bbU.ua http://vvvvw.bnyntonbeachcra.com �� �� �� ��B ��n America's Gateway tothe Gulfstream Please be advised that Florida has a broad public records law and all correspondence to n­ie 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. From: Barb Moline <kissedbyapixie@yahnn.cnm> Sent: Thursday, October 28. 2O21 8:46 PM To: Hussain, Azim <HussainA2@bbU.us> Subject: Re: Pirate FestLnad'in Information Hi! Question: Is there lighting or do I need to bring light and will I have access to electricity? |sthere atable, ifsnwhat size? Sorry to be such a pest I just want to be sure I don't leave something out and need it. Thanks!!! Barb 2 Sent from Yahoo Mail for iPhone On Wednesday, October 27' 2021' 4-55 PM' Barb Moline <kissedbwapixi e@vahOO.cQ0> wrote- Thank you. That ioperfect! Muchappredated!!! See you Saturday Sent from Yahoo Mail for iPhone On Wednesday, October 27, 2021,4:54 PM, Hussain, Azinn <HussainA2@bbflus>vvrote: 2 The area you are located has a lot ofdifferent things going on that appeal to people of all ages. Azim Hussain Marketing Business PromobonaConsultant Boynton Beach CommunityRedeve|opmentAgency 1OOE. Ocean Ave. I Boynton Beach, Florida 33435 't— 561-600-9096 | la (561) 737-3258 HUssa|nA2@bbf1,US http:/1VVVVV.boynton beachc[a.co[D America's Gateway tothe Gulfstream Please be advised that Florida has a broad public records law and all correspondence to n­ie via en-,Iail n-,Iay be sub. disclosure.Under, Florida records law, en-,iail addresses are public records.Therefore, your,e-n-,iail conm.,lunication your,e-moi| address moybesubject topublic disclosure. From: Barb Moline<kiooedbyapixie @yahoo.com> Sent:Wednesday, October 27, 20214:S2PM To: Hussain, Azim <HuooainA2@bbf|.uo> Subject: Re: Pirate Fest Load-in Information Oh |just didn't want to be in a strictly kids area of possible since | have aton of adult clients and they don't generally go into kids areas if they don't have any with them. Clearly I am working for you but I like to remind planners because they usually think this iofor kids. Does that help? Sent from Yahoo Mail for iPhone (}nWednesday, October 27, 2021,4:4QPM, Hussain, Azinn <HussainA2@bbf|.us> wrote: | did not. Can you please clarify? 3 Azim Hussain Marketing Business PromobonaConsultant Boynton Beach Community Redeve|opmentAgency 100 E. Ocean Ave. I Boynton Beach, Florida 33435 'k 561-600-9096 | AS (561) 737-3258 bdHUssa|nA2@bbf|,LIS http:/1VVVVV.boynton beachc[a.corn �� �� �� �~� ���� ��� America's Gateway tothe Gulfstream Please be advised that Florida has o brood public records |ovv and all correspondence to mevio email mo` disclosure.Under, Florida records law, en-,iail addresses are public records.Therefore, your,e-miail conm.,lur your,e-moi| address moybesubject topublic disclosure. From: Barb Moline<kiooedbyapixie @yahoo.com> Sent:Wednesday, October 27, 20214:1SPM To: Hussain, Azim <HuooainA2@bbf|.uo> Subject: Re: Pirate Fest Load-in Information | appreciate it. | looked them up and have plan. �) Did you see rnyother email about rnenot being specific toakids area? Barb Moline Kissed bya Pixie: Glittering Fairy Hair OnWednesday,October Z7'Z0Z1'04:13:03PIVIEDT, Hussain,Azim <hussoinoZ@bbfl.us>wrote: HI Barb, The closest lot is probably the 41Z E Ocean Ave. Lot. But|anticipate that lot will fill up quickly if you are getting there sometime between 9-10am. I really wouldn't know how toadvise you onwhere topark, itwill betrial and error until you find ospot. 4 Azim Hussain Marketing Business PromobonaConsultant Boynton Beach Community Redeve|opmentAgency 100 E. Ocean Ave. I Boynton Beach, Florida 33435 k 561-600-9096 1 @ (561) 737-3258 �� HUssa|nA2@bbf|,LIS http:/1VVVVV.boynton beachc[a.co[D El L9 9- AnO8[iC@'S Gateway to the GU|fSt[8@nO Please be advised that Florida has o brood public records |ovv and all correspondence to mevio email mo` disclosure.Under, Florida records law, en-,iail addresses are public records.Therefore, your,e-miail conm.,lur your,e-moi| address moybesubject topublic disclosure. From: Barb Moline<kissedbyopixie@yohoo.com, Sent:Wednesday,October Z7'Z0Z14:09PK8 To: Hussain,Azim<HussoinAZ@bbfl.us, Subject: Re: Pirate Fest Load-in Information Sorry, one more question. | am NOT familiar with that area. Which is the closest lot to the event? Are they listed in any certain order? | will probably park and wagon what little stuff | have in, so | am looking for close vawalking a long way at night to my oar. Thanks! Barb Moline http://www.kissedbyapixie.com/ On Wednesday,October 27,2021,03:58:13 PM EDT, Hussain,Azim <hussaina2@bbfl.us>wrote: AHOY! We are very excited about the 10th Annual Boynton Beach Haunted Pirate Fest and Mermaid Splash that is taking place this Saturday and Sunday October 30th and 31St! The attached information is extremely important to all hired participants. The attachment includes all the event information regarding parking, check-in, identifiers, contact information etc. When you arrive onsite, Vendor Relations will give you a packet that includes Parking Passes, Parking Maps, Event Map, Event Credentials, Rules & Regulations, Emergency Plan, and Booth Space location. The attached also includes parking maps for designated parking areas and a parking pass that you MUST fill out and place on the dashboard of your car when you arrive to gain access to the parking lot. Note, the designated parking areas are first come first serve. If the designated parking lots are full, the attached also outlines all available event parking areas. Note, you can enter the event site from SE 1 St St. between Boynton Beach Blvd. and Ocean Avenue—the attachment includes a map to show exactly where this is. Once you are checked in, you will be directed to your space. Please make sure you unload your things and then immediately park your car before setting up. You MUST arrive at least 1-hour prior to the time outlined in your contract, please ensure you arrive in a timely manner. The Vendor Relations personnel should be able to direct you to your space, but you can contact Jacqueline for more information or if you have questions. • Jacqueline Coppin-Melson (386) 717-0595 6 Regards, Azim HUssairi Markefire g BUSiriess Promotions CoriSUltarit Boyritor"i Beach COMMUrky Redevelopmerit Agency 100 E. Oce ari Ave, Boyritor"i Beach, Florida 33435 561-600-9096 (561) 737-3258 HUssairiA2@bbfl,LIS http://www.boyntonbeachcra.com America's Gateway to the Gulfstream Please be advised that Florida has a broad pUblic records law arid all carr espore derice to me via SUbject to diSCIOSUre,Urider Florida records law, email addresses are pUblic records, Therefore, COMMUrkatior"i arid YOUr e-mail address may be SUbject to pUblic diSCIOSUre, 7 Curfman, Vicki From: Donna Skole <rafadonn@yahoo.com> Sent: Monday, November 1, 2021 1:09 PM To: Hussain,Azim Subject: Show Hi Azim I just wanted to thank you for helping me with the insurance. Also wanted to tell you the show was wonderful! Everything went great and looked good. I had a fabulous weekend.Thank you.Thank you!!! Donna Sent from Yahoo Mail for Whone 1 Curfman, Vicki From: snugb@tampabay.rr.com Sent: Monday, November 1, 2021 9:38 AM To: Hussain,Azim Subject: Thank u Thank You so much ! ! ! What a great show. You guys kicked it out of the ballpark. The ride home sucked, plain English, but what a great show. Had to be the best I ever did . Now I can pay some bills and buy more leather ! ! ! ! Hope to see u next year, u should have stopped in to say hi, but I know u were busy. Thanks again, Dawn Curfman, Vicki From: Avril Stern <skulljewelryandmore@gmail.com> Sent: Tuesday, November 2, 2021 9:24 AM To: Hussain,Azim Subject: Last Weekends festival Morning, First I want to say, WOW what an awesome turn out. You guys put on a spectacular event. The booths were so perfectly spaced out and the staff where super nice. I want to thank your electricians for responding so fast when I had no power and get my lights on after the generator failed and Bianca for her super fast response to get the issuse resolved. Your volunteers where also very much appreciated by me as I am alone and it makes it very hard to go to the bathroom, not that I had time as I was slammed both days. I am so glad I gave this event a second chance. I will definitely be back next year. The only thing I would suggest, would be more toilets. That was the number one question everyone asked. Mostly where they were. Most of the volunteers we asked had no idea either. I still don't know where they were and the library was to far to go. (luckily the nice owner at Kenny's let me use his once). But over all, awesome event. Thank you Q Avril Stern Skull Jewelry and More 813-505-8554 1 Jarn,le Lea My first time going. & it was amazing! Beyondwhat I could imagine. The actors,, performers, costumes, pirate ships, cannons, entertainment & music was all very impressive!. Kudos to all involved. Looking forward to net year's Halloween: event! Like I Rep[y, Hide Message 1d Vibes Farm , Follow Thanks for having Vibes Farm, we really enjoyed performing for our Boynton Family again! 41, Like ep[y ; ffide Mesmge Michelle Lenay It was fabullou'sH Like ep[y , Hide I Message 2',d Kelvin Justice Awesome improvements to the eventLooking fors and to nest year Llike Reply, Hide. Message -2,d 14 1, Reply 'VP Tap Fan George Mat-9truni Great bands! O 'l Like RePlY, Hide Message 2d Diane Orishak Great event, better than ever. Con.grats to all,,, who organized It. See you next year. ,,,,",, 1 -1 In L 91. 1 EM q) a) 0 0 4� ru 0 CL 0 rZ co E 0 m 0 E Q 0 0 LL rd rt ids di U U (U 4- 4-4 di di Qi Qj 9) > a) Ln U 6— 5, U. M M Ln 0 .— 4- 4' yM, 0 CL m Ln 0 4-1 0. 3� m- CE q� Lcosn kn Ln ; !�2- Q +-4 Ln Un a ra ru CO -Q 4.1 L T 'M LA j,j i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD M EETING OF: November 9, 2021 INFORMATION ONLY AGENDAITEM: 9.13. SUBJECT: Public Relations Articles Associated with the CRA SUMMARY: SunSentinel: • Weekend things to do: https://www.sun-sentinel.com/entertainment/events/go-guide-blog/fl- et-go-guide-weekend-things-to-do-oct-29-31-20211028-3o2sl7xhp5getfbvwcsou4klmi- story.html CRA P LAN/P ROJ ECT/P ROG RAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board. ATTACHMENTS: Description D Attachment I - Sun Sentinel Article 11/3/21,3:00 PM Weekend things to do in South Florida Oct.29-31 -South Florida Sun-Sentinel SECTIONS 11—FL111DA SiInSentinel DeSantis embraces'Let's Go, Dolphins GM Chris Grier Children's Brandon'chant meant as addresses team's pursuit of are arriving profane insult of Biden Deshaun Watson how parent Weekend things to do: Witches, mermaids and a $666 cocktail in Delray Beach By BEN CRANDELL SOUTH FLORIDA SUN SENTINEL OCT 28, 2021 � v a � r 9 i d � t The Witches of Delray will return on their annual fundraising flight through Delray Beach on Saturday.(Sun Sentinel File Photo) https://www.sun-sentinel.com/entertainment/events/go-guide-blog/fl-et-go-guide-weekend-things-to-do-oct-29-31-20211028-3o2sl7xhp5getfbvwcsou4... 1/12 11/3/21,3:00 PM Weekend things to do in South Florida Oct.29-31 -South Florida Sun-Sentinel Listen to this article 1ula llgq 1l1llq0 Halloween on a Sunday just feels right, with two days and nights to test drive costume ideas before the Big Dance (every gathering this weekend has costume potential, if not a mandate). But beware that Monday morning candy hangover. Friday Human jack-o-lantern Bert Kreischer (check out the mug on his website, is at Hard Rock Live 8 p.m. Friday, with scattered tickets left for $40.75 at ' -;;HJ�L,j;�qm. The Palm Beach Improv in West Palm Beach has Comedy Central's Kelsey Cook, doing four shows Friday-Saturday. She describes herself as "the daughter of an international yo-yo champion and a professional foosball player," which is a great way to start. Tickets cost $2o at Pahii.Beaclibul -,.n. ADVERTISING r � t t Ji f � t t � The,Gbit MuraerGrfll Spowored The Habit Muraer Grill ,I ,,,,;:tree, Stoking the flame since 1969 Stoking the flame since 1969 https://www.sun-sentine1.com/entertainment/events/go-guide-bIog/fl-et-go-guide-weekend-things-to-do-oct-29-31-20211028-3o 2sI7xhp5getfbvwcsou4... 2/12 11/3/21,3:00 PM Weekend things to do in South Florida Oct.29-31 -South Florida Sun-Sentinel ADVERTISEMENT Instagram-y bar Death or Glory in downtown Delray Beach has something you won't find anywhere else this weekend: The Devil Made Me Do It cocktail, a luxurious concoction made with top-shelf Mount Gay XO The Peat Smoke Expression rum and served in a smoking caldron big enough for the table. Cost: $666 (you get to take home six Death or Glory pumpkin mugs). Visit Faceboo1i_cq,-,n,_i Id athorgi,q- yi-jar. You often can tell a good DJ just by looking at them. DJ Samantha Heart is the host of the rooftop Halloween pool party at the Easton in downtown Fort Lauderdale 8 p.m.-1 a.m. Friday,joined by DJ Urban Brainchild of Revolution 93.5-FM. Admission is free. Visit EVENTS: festiv,fin..1....s.................i....a....t....i...n. tecl liotises \,NJ­t11S_1e-­-.1­.1-­fP­11 --,-o­-­-­-­-­-­I Boozy -­ ice cream purveyor Tipsy Scoop, pride of Brooklyn, on Friday opens its first South Florida pop-up at the Westin Fort Lauderdale Beach Resort. During 1-4 P.m. festivities in the Waves Bar & Grill, the first loo guests get a free scoop. Visit Tickets for several upcoming concerts are on sale lo a.m. Friday: Billy Joel at Hard Rock Live on Jan. 28 (tickets: M I y 111M.cC "M c)n 1 _ ); Styx at Pompano Beach https://www.sun-sentinel.com/entertainment/events/go-guide-blog/fl-et-go-guide-weekend-things-to-do-oct-29-31-20211028-3o2sl7xhp5getfbvwcsou4... 3/12 11/3/21,3:00 PM Weekend things to do in South Florida Oct.29-31 -South Florida Sun-Sentinel Amphitheater on Feb. 19 guitarist Marcus King at Fort Lauderdale's Revolution Live on Feb. 20 (� i2,in.'.I.'IieRevo-J.-t,itio-i.i.-i.iet). Tickets also just went on sale for Wu-Tang Clan members GZA, Ghostface Killah and Raekwon at Revolution Live. ADVERTISING The Habit MuraerGrfll Spowored The Habit MuraerGrfll Spon,,ored Stoking the flame since 1969 Stoking the flame since 1969 Saturday One of the kitschy-cool events that define the season around here, the loth annual Witches of Delray charity bike ride returns to downtown Delray Beach 8 a.m. Saturday, the three-mile costumed jaunt running along Atlantic Avenue and AlA before the contests and awards gathering on Old School Square. Registration: $30. The event benefits.Achieve-ineryt C."exiters fbr C."hildrexi & Fainifies. Visit --------------- -­-­-­- Facebook.,,c, .1 11 esOfflelray. ....................................................................................... Another distinctive local event is the Haunted Pirate Fest and Mermaid Splash in Boynton Beach, which runs 11 a.m.-8 p.m. Saturday and Sunday on the library grounds (loo E. Ocean Ave.). Admission is free, and the entertainment on Sunday afternoon includes leading local noisemakers such as the Holidazed, the Flyers and Spred the Dub. And mermaids. Visit BBPpiratefest.coin. -­-­-­-­-- -­-­-­-­-­-­-­-- ­­­­­­ https://www.sun-sentinel.com/entertainment/events/go-guide-blog/fl-et-go-guide-weekend-things-to-do-oct-29-31-20211028-3o2sl7xhp5getfbvwcsou4... 4/12 11/3/21,3:00 PM Weekend things to do in South Florida Oct.29-31 -South Florida Sun-Sentinel r �t,Y.4,,�!„ . r . h§;6 , A t s {��tc7 rt j �i i Mick Swigert and Spred the Dub will perform Sunday at the Haunted Pirate Fest and Mermaid Splash in Boynton Beach.(Rolando Otero/Courtesy) Downtown Hollywood's annual Hollyweird Festival will fill Hollywood Boulevard between 19th and loth avenues on Saturday night, with kids' activities, candy stations and costume contests in multiple age categories from 6 to 9 p.m., before morphing into grown-up affair that runs until 2 a.m. There will be more than $1o,000 on the table for the late-night costume competition, so bring you're A game. Admission is free. Visit ; rdsiva . ii.. In a spooky coincidence, the Fort Lauderdale Art Walk returns the night before Halloween. On their way through FAT Village and the MASS District on Saturday, the walking dead will find the area transformed into "Night of the Dead," with music, food, art, trick-or-treating and a costume contest. Visit https://www.sun-sentinel.com/entertainment/events/go-guide-blog/fl-et-go-guide-weekend-things-to-do-oct-29-31-20211028-3o2sl7xhp5getfbvwcsou4... 5/12 11/3/21,3:00 PM Weekend things to do in South Florida Oct.29-31 -South Florida Sun-Sentinel Flagler Village hot spot Roxanne's Liquor Bar & Kitchen will celebrate its first anniversary on Saturday with Rox Fest, a 4 p.m.-close block party featuring local favorites Shwayze,joined by Marcus Amaya, West Grove, DJ Keen One and others. Some of the chefs that take part inx� ��� e's r r r d oil r��� i�t iii ,,,ser.Jes will be cooking, including Robyn Almodovar ("Hell's Kitchen All-Stars") and Takeshi Kamioka (food truck Kaminari Ramen). Visit i�i�diV u p,��iuuii rll� � 1 i 9 a i ie Takeshi Kamioka, chef, painter and tattoo artist, of Fort Lauderdale,will be cooking at Rox Fest on Saturday.(Carline jean/South Florida Sun Sentinel) The first-ever collaboration between Big Smoke (an event hosted by Cigar Aficionado magazine) and WhiskyFest (by Whisky Advocate magazine) is a daylong affair on Saturday that will draw nearly 2,000 attendees to the Seminole Hard Rock Hotel & Casino Hollywood. It's sold out. Because Fort Lauderdale International Boat Show? Visit Big5j.1 1., r , isky. .co-n .. Former NFL player Stephen Tulloch opens a new Circle e seCoffee location in Oakland Park (119 W. Oakland Park Blvd.) with a free, family friendly party 4-8 p.m. Saturday to benefit the Florida .Brea.st Cancer Fousidatiori. The https://www.sun-sentinel.com/entertainment/events/go-guide-blog/fl-et-go-guide-weekend-things-to-do-oct-29-31-20211028-3o2sl7xhp5getfbvwcsou4... 6/12 11/3/21,3:00 PM Weekend things to do in South Florida Oct.29-31 -South Florida Sun-Sentinel event will include food trucks, games, balloon animals and a DJ. Visit n o i i ) m mdS i fs i I 7 F xr - �. k, t — t r " ,a r r , irtiS F�{il}t, Stephen Tulloch grew up in South Florida before playing for the NFL's Tennessee Titans, Detroit Lions and the Philadephia Eagles. He is opening his second Circle House Coffee in Oakland Park on Saturday.(Circle House Coffee/ Courtesy) Country star 1jitke :;' nbs' slalow is a s Ut 7 D.M. Saturday FLA Live Arena in Sunrise (you used to call it the BB&T Center). Good for Combs, one of the good dudes in popular music. Also good for former Cooper City High School marching band member Kurt Ozan, a multi-instrumentalist with Combs' touring band who will be playing in the arena where he used to wash dishes and sell ice cream. Visit tstagn Not to be confused with Addams Family handyman Thing, Crazy Fingers is one of South Florida's signature Grateful Dead tribute bands. Their long-running 3oth anniversary tour (because 202o didn't count) continues with shows 8 p.m. Saturday at Pompano Beach Brewing Co. and 6 p.m. Sunday at the Fish Depot Bar & Grille in Boynton Beach, a few blocks from the Haunted Pirate Fest and Mermaid Splash. Visit 1,132 F https://www.sun-sentinel.com/entertainment/events/go-guide-blog/fl-et-go-guide-weekend-things-to-do-oct-29-31-20211028-3o2sl7xhp5getfbvwcsou4... 7/12 11/3/21,3:00 PM Weekend things to do in South Florida Oct.29-31 -South Florida Sun-Sentinel The Weekender - South Florida Events Newsletter Weekly Get a roundup of the best events and things to do in South Florida so you can make it an epic weekend. ENTER YOUR EMAIL ADDRESS When the City of Boca Raton ,r :1 Mizn.er �; i at the beginning of October, among the events they were most excited to see come back was the Boca Pumpkin Patch Festival, io a.m.-6 p.m. Saturday and Sunday. Along with the carnival rides, costume contest and other kid-friendly elements you'd expect, there's also a wide-ranging menu of pumpkin inspired food and beer. Tickets cost $25 (younger than 3 free) ata; iii. liin.Pa i . ii.. ADVERTISEMENT Sunday https://www.sun-sentinel.com/entertainment/events/go-guide-blog/fl-et-go-guide-weekend-things-to-do-oct-29-31-20211028-3o2sl7xhp5getfbvwcsou4... 8/12 11/3/21,3:00 PM Weekend things to do in South Florida Oct.29-31 -South Florida Sun-Sentinel Tim Curry in a scene from the kitschy 1975 movie musical "Rocky Horror Picture Show."(20th Century Fox) O Cinema South Beach will host a party and screening of"Rocky Horror Picture Show," 7 p.m. Sunday at the open-air, canopy-covered North Beach Bandshell. Beginning with a set from DJ Ruben Pagan, the party is hosted by the draglamorous TP Lords and the demure Candi Dixx. General admission tickets cost $25. First 300 guests receive a free Virgin Kit prop bag. Visit ; ,- n , n a.org. As if it need be said, E ahf i,f 1an i- shadowcast troupe will be at their regular spot in Fort Lauderdale's Gateway Cinema for a prop- enhanced "Rocky" screening at 11:45 p.m. Saturday. Yes, there is a costume contest. Visit :. ;; LATEST GO GUIDE The Wharf in downtown Fort Lauderdale brings three days of Tortuga Music Festival 2021: masquerading to a close on Sunday Updates on tickets, with "Wharf Horror Story," a party performers, a new bag policy and COVID rules in three zones inspired by three seasons of"American Horror https://www.sun-sentinel.com/entertainment/events/go-guide-blog/fl-et-go-guide-weekend-things-to-do-oct-29-31-20211028-3o2sl7xhp5getfbvwcsou4... 9/12 11/3/21,3:00 PM Weekend things to do in South Florida Oct.29-31 -South Florida Sun-Sentinel Audacy Beach Festival: Lil Nas Story": Camp Redwood, Freak X, Steve Aoki to join Twe nty One Pilots, Lumineers in Fort Show, Aliens and Sea Monsters. Visit Lauderdale in December Facebook.&O-i.n. 1w1.iar-.ffq,1. ­­­­­­­­­­­­--------------------------------- -­-­-­-­-­-­---­-­-­- Fort Lauderdale Day of the At Flagler Village hot spot Dead for dummies: A guide to Rhythm &Vine, the all-weekend joining the parade Legends & Icons costume party reaches its peak on Sunday night under the disco ball. You're encouraged to draw inspiration from the time when rock stars roamed the Earth. There may be a limit on how many Amy Winehouses they'll accept. You can never have too many David Bowies. Visit MI.- flmi.­ virte xoxn. Delray Beach bar Death or Glory will be the setting for costumed happy hour hosted by Salty Dog Paddle 4-7 P.m. Sunday. They want your dog in costume. You, they don't care so much. Visit Face,12,j2,jAi ry] -�i% Staff writer Ben Crandell can be reached at berandell,1L 5y,11sentinel.c.onz. 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The Virginian-Pilot The Daily Meal Studio 1847 COMPANY INFO Contact the Newsroom Careers Place an ad Archives Privacy Policy Manage Web Notifications Terms of Service Newspaper Online Feedback Copyright©2021, South Florida Sun-Sentinel i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD M EETING OF: November 9, 2021 CRAADVISORY BOARD AGENDAITEM: 11.A. SUBJECT: 2022 CRA Advisory Board Meeting Dates SUMMARY: CRA Advisory Board meetings are held on the first Thursday of every month at 6:30 p.m. in Commission Chambers at City Hall located at 100 E. Ocean Avenue, Boynton Beach, FL 33435. The following is a list of the CRA Advisory Board meeting dates for the period January - December 2022: • January 6 • February 3 • March 3 • April • May 5 • June 2 • July 7 • August 4 • September 1 • October 6 • November 3 • December 1 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRAAB RECOMMENDATION: 2022 Meeting Dates approved by CRAAB at their November 4, 2021 meeting. i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD M EETING OF: November 9, 2021 REPORTS ON PENDING ASSIGNMENTS AGENDAITEM: C.1. SUBJECT: CRAAB November 4, 2021 Results of the 115 N. Federal Hwy I nfill Mixed Use Redevelopment Project RFP/RFQ Proposers' Presentations SUMMARY: On July 13, 2021, the CRA Board approved the issuance of the 115 N. Federal Highway Infill Mixed Use Redevelopment Project RFP/RFQ (see Attachment 1) for the acquisition and redevelopment of various BBCRA owned parcels including 115 N. Federal Highway, Boynton Beach, Florida; adjacent parcels for which the BBCRA has secured the property owners' consent to include in this RFP/RFQ and which the BBCRA anticipates owning prior to project commencement; and other parcels not owned or controlled by the BBCRA, as referenced and identified on Attachment "A," Aerial Map/Parcel Map, and hereinafter collectively referred to as the "Project Site". As of the submission deadline of by the October 19, 2021, the CRA received five proposals from the following development entities (see Attachment 11): • Affiliated Development • E21- Real Estate Solutions, LLC • Hyperion Development Group • Related Urban Development Group (RUDG), LLC • U.S. Construction, Inc. The RFP/RFQ document listed potential incentives, site plan requirements, submission requirements, and evaluation and selection requirements. CRA staff has commenced review of each of the five proposals for sufficiency, adherence to the RFP/RFQ requirements, financial components and other evaluation criteria. As indicated in the RFP/RFQ, each Proposer/Developer provided a brief presentation of their development proposals to the CRA Advisory Board at which time the Board may ask questions or provide comments to each Proposer. At the conclusion of the presentations, the CRA Advisory Board provided their recommendation and findings based on the Section 13, RFP/RFQ Evaluation and Selection Process, to the CRA Board for their consideration at the upcoming November 30, 2021 and December 14, 2021 meetings. The results of the CRAAB is attached as Attachment 111. The final selection or no selection, of a Proposer/Developer is solely at the discretion of the CRA Board. The November 4, 2021 CRAAB meeting in its entirety is available at: https://youtu.be/g8ocTc83j2o or https://boyntonbeach.novusagenda.com/agendapubIic/M eetingView.aspx? MeetinglD=443&MinutesMeetinglD=-1&doctype=Agenda — Click on Meeting Video at the top of the page. FISCAL IMPACT: To be determined. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRAAB RECOMMENDATION: At their November 4, 2021 meeting, the CRA Advisory Board made the following recommendations in order of preference: 1. Related Urban Development Group (RUDG), LLC 2.Affiliated Development 3. E2L Real Estate Solutions, LLC and U.S. Construction, Inc. 4. Hyperion Development Group CRA BOARD OPTIONS: No action is required by the CRA Board at this time. ATTACHMENTS: Description D Attachment I(a) -2021 115 N. Federal Hwy Infill M U RFP RFQ D Attachment I(b) -Addenda D Attachment II - Proposals List D Attachment III - November 4, 2021 CRAAB Board Meeting Results { �na i - 6, 1 B TO f S oym I N 1 , E AC H k C R_A Nava �lr,, COMMUN17Y 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: July 23, 2021 Submittal Deadline: October 19, 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 including 115 N. Federal Highway, Boynton Beach, Florida,; adjacent parcels for which the BBCRA has secured the property owners' consent to include in this RFP/RFQ and which the BBCRA anticipates owning prior to project commencement; and other parcels not owned or controlled by the BBCRA, as referenced and identified on Attachment "A," Aerial Map/Parcel Map, and hereinafter collectively referred to as the "Project Site". The BBCRA will accept sealed proposals at its office located in City Hall at 100 E. Ocean Avenue, 41" floor, Boynton Beach, FL 33435 ON OR BEFORE October 19, 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. 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 (Select RFPs/RFQs/ITBs from the Business & Development top drop down menu). 1. 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 as described in Attachment "A," Aerial Map/Parcel Map. The development will consist of a mixed-use Page 1 of 30 development project providing retail, office, public parking, and residential uses with a workforce housing component as specified in Paragraphs 9 and 10. The property being offered (including the parcels the BBCRA is in the process of negotiating acquisition) is approximately 2.28 acres.The property is located within the Downtown District as described in the 2016 BBCRA Community Redevelopment Plan and may be accessed online at https://www.boyntonbeachcra.com/home/showpublisheddocument/14/637296289931970000 (Pages 71-80). It 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 150 feet. 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, and 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 (TCEA) of the City of Boynton Beach and is also located in the PBC Qualified Opportunity Zone. PBC Qualified Opportunity Zone information, may be obtained online at http://maps.co.palm- beach.fl.us/cwgis/?app=pbc interactive. All proposals and Projects must be in conformance with and in furtherance of the 2016 Boynton Beach Community Redevelopment Plan ("BBCRA Plan"). 2. 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 six (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. 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," Aerial Map/Parcel Map and "B," Survey of BBCRA Owned Properties and Dewey Park. All appraisals and surveys of the subject properties that make up the Project Site are available or will be provided upon the BBCRA's acquisition in electronic form on the BBCRA's website, https://www.boyntonbeachcra.com/business-development/rfps-rfgs- itbs. Proposers should not rely solely on the information in the appraisal when compiling the Page 2 of 30 financial components of a proposal. The appraised value of BBCRA properties should be considered by proposer(s) in the offering price and request 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 go to www.discover.pbcov.or /pzb/administration to download relevant information. 5. 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 may, at the sole discretion of the Board, consider providing Tax Increment Revenue (TIR) funding subject to negotiated terms and conditions. 6. Pre-Submission Meeting A voluntary in-person pre-submission meeting has been scheduled for August 19, 2021 at 4:00 p.m. (EST) in City Hall Chambers, located at 100 E. Ocean Avenue. The meeting is an opportunity for proposers to ask City and BBCRA staff questions about the Project. 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 Ms. Thuy Shutt, BBCRA Assistant Director, at ShuttT@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 proposal, the proposer agrees to promptly deliver such further details, information and assurances, including, but not limited to, financial and disclosure data relating to the proposal and/or the proposer (including the proposer's affiliates, officers, directors, partners and employees), as requested by the BBCRA. 9. Architectural and Design Requirements 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 Page 3 of 30 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. At minimum, the proposals shall include the following requirements: a. Creation of a mixed-use development project providing retail, office, grocery store, and residential uses. The proposed project must contain a workforce housing component that will be affordable to households with income of 80-140% of the City of Boynton Beach Area Median Income (AMI) levels as described below: Moderate income (80%to 120%) $52,146 to $78,218 Middle income (120%to 140%) $78,218 to $91,255; 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. Construction of a minimum of one hundred fifty (150) parking spaces open to the public in addition to 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 41h Street (see Attachment "A," Aerial Map/Parcel Map); e. High quality exterior design and lighting enhancements of proposed parking garage structures to ensure compatibility with the surrounding area; and, f. Enhanced environmental features such as but not limited to electric vehicle charging stations and solar powered building and/or site components, etc. 10. Required Elements of Proposals Proposals must contain all of the following documents and information with tabbed sections in the order specified below 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 including any financial (equity) partner. 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 list of proposer's 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. d. Provide a written list of similar mixed-use projects developed by the proposer, or companies controlled by its principals, and proposer's team that were completed within the last ten (10) years, including photographs, addresses, dates the projects were completed, and general project description. For projects that are public-private Page 4 of 30 partnerships, list the public partner and their contact information including name, title, address, email, and phone numbers. Provide no less than two (2) and no more than ten (10) projects for this item. If the proposer is comprised of more than one entity in a joint venture or partnership, each entity must provide the information requested separately. For joint ventures, development and equity partners, the proposer must summarize the actual or proposed amount of financial participation and control of each party within the partnership. If the entity is a subsidiary of, or otherwise affiliated with another organization, the proposer shall indicate such relationship. The proposer shall also list all proposed anchor tenants, if known at the time of submission, and third-party operators of the development. The proposer shall include the name and a description of the legal entity that would serve as the developer and be party to the Purchase and Development Agreement with the BBCRA. The proposer shall also provide the names and addresses of all persons and entities having a financial interest, mortgagee(s), or guarantor(s) in the proposed development and their roles in the project and the proposing entity. For joint ventures, the proposer must summarize the actual or proposed amount of financial participation and control of each party within the partnership. If the entity is a subsidiary of, or otherwise affiliated with another organization, the proposer shall indicate such relationship. The proposer shall also list all proposed anchor tenants and third-party operators of the development if known. e. Provide a brief profile for each member of the development team other than the proposing developer,as well as the resumes of the key personnel who would be assigned to the project. The proposer shall also identify any prior relations with the BBCRA for each individual team member or firm, members of its Board or its officers. The BBCRA reserves the right, in its sole discretion, to request additional information from any member of the development team to determine potential conflicts of interest and to limit or prohibit the participation of any team member or firm due to such conflict. f. State whether the proposed project is confined to the property offered by the BBCRA or if it utilizes adjacent property. If the latter, specify the location, size, use, level of control/commitment of such adjacent property to be included in the proposer's project and provide documentation evidencing site control or contractual commitment. If adjacent properties intended to be included in the project are not under the proposer's control, the proposal should include: (1) A base proposed concept assuming only the offered BBCRA property; and, (2) a proposed concept assuming the inclusion of the additional adjacent property. If the proposer wishes to propose variances from or changes to the requirements of the Land Development Regulations or the City's Comprehensive Plan, the proposal should include: (1) A base proposed concept without Page 5 of 30 the proposed variances or changes; and, (2) a proposed concept with the proposed variances or changes. g. Provide a Construction Staging and Sequencing Plan including nature and timing of on- and off-site impacts. Vehicular and Pedestrian Traffic Analysis and Plan for the proposed development demonstrating the proposed project would not cause unreasonably negative traffic impacts in the context of the Downtown District environment, and any modifications or improvements required to mitigate such impacts to maintain the integrity of the downtown traffic system, which, subject to City approval, would be the responsibility of the developer to fund as part of the project. h. Provide a detailed description of the proposed Project, with text, tabulations and graphics.This should include but it is not limited to a schematic site layout plan; proposed density, intensity, and height; parking locations and allocation per project component; 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, whether condo or rental, and level of affordability, nature and square footage of commercial components, total gross building area (not including unenclosed/outdoor areas) and net rentable or salable area per project component (number of units, parking spaces, square footages should be provided per level as well as in total), conceptual elevations, as well as the information indicating compliance with the objectives and requirements of the plan and requirements specified in Paragraph 9, "Architectural and Design Requirements." i. Provide a proforma financial analysis including a development budget with a detailed breakdown of all project pre-development costs, other soft and financing costs, property acquisition from the BBCRA (and others if additional properties are included in the proposal), construction and other hard costs and post -construction period sales or other development costs, a sources and uses statement clearly identifying the sources and amounts and terms of all of the proposed debt and equity funding sources to pay for the project an operating cash flow detailing projected gross income, expenses, debt service and net cash flow, broken out by project component, for the development period and at least ten years of operation beginning upon project completion for a rental project/component(s) and through sell-out for a condominium project/component(s). Include a breakdown of the amount and terms 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. A proposer may submit the requested breakdown information under a format of their own choosing but must also complete the Proposed Project Funding Uses and Sources Information form provided as Attachment "F". If the project is to be developed in more than one phase, clearly present the above information for each independent phase as well as in aggregate for total project. Provide assumptions and bases for the analysis including comparables and/or other support for estimated rental rates, sales prices, costs, expenses and other elements of analysis. Page 6 of 30 j. If the Project is proposed to use funding subsidies from the BBCRA or 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 or other information that would support proposer's ability to secure such financing. k. Provide a description of how the proposer will make attempts to utilize local qualified contractors, and sub-contractors, and laborers in the proposed Project as well as pre- apprenticeship or apprenticeship training. Documentation of this effort will be required as part of the project monitoring. I. Provide proof of financial capability to complete the proposed Project. Financial capability will be demonstrated by submitting a current (audited, if available) financial statement of the proposing entity, or underlying entity if proposing entity was recently created, 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). In lieu of the above, the proposer shall submit third party evidence of the ability to secure financing in the form of a preliminary financing commitment letter or letter of interest from a lending institution or other primary source of debt or other financing. A firm financing commitment from a lending institution or other source of investment financing will be required prior to the closing of the sale of the Project property, or as otherwise stipulated in negotiated Agreement 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 will not be accepted if it is submitted directly to the BBCRA by an outside entity or institution. m. 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. Page 7 of 30 n. 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 "D.1 & D.2.," Disclosure and Authorization to Perform Credit Check forms). o. 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. p. Provide a statement if the proposer is in arrears of any taxes or other financial obligations to the BBCRA, City, or any other municipal or state entities. Proposer(s) may include additional relevant information. If there are no arrears of any taxes or other financial obligations to disclose, provide a written statement attesting to this fact. q. Provide a PowerPoint presentation of the proposal, consisting of no more than 15 slides. with maximum of three (3) slides dedicated to Proposer's past history and experience information. All remaining slides will focus on description of the development of the proposed project (e.g. site, program, design, construction, development cost, schedule, financing, proposed acquisition terms, estimated absorption rates and sales/leasing/operations). r. Providing executed form verifying that the proposer has met with City of Boynton Beach Planning and Development Department staff to review the Land Development Regulation requirements and development review processes applicable to the Project being proposed (see Attachment "E," City of Boynton Beach Planning and Development Department Meeting Verification Forms). s. All other requirements contained in this RFP/RFQ including all attachments that request a proposal or information from the proposer. t. An acknowledgement letter attesting that the proposer has read and understands all procedures and requirements of this RFP/RFQ (see Attachment "L," Acknowledgement Letter). 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 October 19, 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 Page 8 of 30 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 Agency City of Boynton Beach, Florida Issue Date: July 23, 2021 Submittal Deadline: October 19, 2021, no later than 2:00 p.m. (EST) 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 are considered part of this RFP/RFQ and may be obtained from the BBCRA office or https://www.boyntonbeachcra.com/business- development/rfps-rfgs-itbs. • Survey of BBCRA Owned Properties and Dewey Park (provided as Attachment "B") • Phase I and/or Phase II Environmental Report • Property Appraisals • 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 visual 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, Page 9 of 30 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 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 Paragraphs 9 and 10, each proposal will be evaluated on the following criteria. As noted below, adequate capability to successfully undertake the proposed project is a minimum standard which shall be met before any other criterion is considered: a. Capability of the Proposer and Development Team. Primary focus shall be on the experience, qualifications, and financial capacity of the proposer(and financial partner, if any is identified and to the extent firmly committed)considering:Track record of securing financing for (or self-financing) and developing projects of comparable nature and comparable or greater scale and of high quality in terms of their use and architecture; evidence of financing relationships and interest in the proposed project; other information indicating the proposer's financial capacity which it chooses to provide at this stage; reputation in the industry for competence and integrity;and successful completion of public-private development experience, if any. The capability and track record for high quality design of the architect/design team will also be considered. Note that if a proposer whose qualifications and financial capacity are not considered adequate to successfully undertake the project, the proposer will not be considered no matter what the proposal's merits on other criteria. Assuming adequacy of qualifications, relative qualifications,and capacity will be considered comparative criteria weighed along with the other criteria. b. Likelihood of Feasibility. The likelihood of the proposed project being feasible in a reasonable timeframe, considering: (1) The thoroughness and convincing nature of the market, development/construction, financing,operating,and other elements of the proposer's analyses,assumptions,and strategies; (2) Financing commitments, if any; (3) Extent of control of any additional properties proposed to be included in the project; (4) Implementation schedule; and, (5) Conditions and contingencies for realizing the project such as financing, market/pre- leasing, and regulatory/approvals, and how likely these are to be achieved. c. Financial Return/Effect to BBCRA. This would include the value of the proposed sale terms, any subsidy requested from the BBCRA and the value of the additional public parking to be provided by the proposer, as well as real estate taxes and any other direct or other clearly identifiable revenues to the BBCRA that would be generated by the project, and consideration of the timing and likelihood of receiving these revenues and any such other direct values or costs that the BBCRA in its discretion considers relevant Page 10 of 30 and can reasonably be evaluated. (It should be noted that, although revenue generated by the project is an important evaluation criterion, the BBCRA is not obligated to select or negotiate with the proposer who proposes the highest financial return to the BBCRA.) d. Fulfilment of the CRA's requirements and objectives for the project as stated in Paragraph 1. This would include the number of public parking spaces, operational efficiency, aesthetic quality, and amenity of the proposed public parking component, the extent and nature of workforce housing, the proposed project's ability to contribute to the vitality, amenity, and economic activity of and in the Downtown District, have a high quality architecture and aesthetic appeal, and the inclusion of meaningful open spaces, providing green and sustainable components and initiatives beyond what is required and/or that are unique solutions, and the inclusion of adjacent properties to the extent that it will improve the overall quality of the proposed development; and, e. Proposed plan or program to use local contractors, sub-contractors, and laborers in the Project. The plan or program shall include pre-apprenticeship or apprenticeship training and monitoring mechanisms. 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 Advisory Board and BBCRA Board at a public meeting. The Proposers will present their proposals and their PowerPoint slide presentations before the BBCRA Advisory Board and the same presentation to BBCRA 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. • Any Purchase and Development Agreement must be in a form approved by the BBCRA Board and BBCRA legal counsel. • 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 Page 11 of 30 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. • 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. • The BBCRA may withdraw its offer of Agreement, including a final offer, at anytime prior to acceptance of such Agreement. Upon termination of negotiations or withdrawal of offer of an 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: July 23, 2021 Voluntary Pre-Submission Meeting August 19, 2021 Question/Request for Clarification Deadline: September 30, 2021 Submittal Deadline: October 19, 2021 Presentation to Advisory Board: November 4, 2021 Presentation to BBCRA Board: November 30, 2021 Proposer Selection by BBCRA Board: December 14, 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: Page 12 of 30 Thuy Shutt, Assistant Director Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue, 41h Floor Boynton Beach, Florida 33435 Phone: (561) 600-9098 Fax: (561) 737-3258 Email: ShuttT@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. (EST) on September 30, 2021. 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 "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. Page 13 of 30 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; 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. Page 14 of 30 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. 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 RFP/RFQto be of non-confidential and or non-proprietary nature and therefore subject to public disclosure under Chapter 119 of the Florida State Statutes. If a proposer believes any portion of a proposal is exempt from public records disclosure, the proposer must identify the portion of the proposal 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. 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. Page 15 of 30 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; 100 E. Ocean Avenue, Boynton Beach, Florida 33435, ShuttT@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 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 "1," Drug Free Workplace Certification. 24. Non-Scrutinized Entity By submitting a bid, bidder 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. Bidders must complete Attachment "K;' Certification of Non-Scrutinized Entity. END OF MAIN DOCUMENT PROCEED TO ATTACHMENTS Page 16 of 30 List of Attachments: A. Aerial Map/Parcel Map B. Survey of BBCRA Owned Properties and Dewey Park C. Proposer Information D. 1. Authorization to Perform a Credit Check (personal) 2. Authorization to Perform a Credit Check (business entity) E. City of Boynton Beach Planning and Development Department Meeting Verification Form 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. Acknowledgment Letter Page 17 of 30 ATTACHMENT "A" AERIAL MAP/PARCEL MAP v s t r r _ v 6E �QUa� � �� ccmL� �.. �Z N ao C _ N 0. m0 S' Q � uQ1.. E 0) #1_ t• LL uJ m p m ni m m i 3 uJ O7 v) 0�m .-��• pN� N N N N N N � � N s _ N N �p N N N v N 41 (gyp N i' Imp 4r G v � C d v -� G m Oil , d k ,ro a sK, �• ¢ a z t I: l� 1' - t Page 18 of 30 ATTACHMENT "B" SURVEY OF BBCRA OWNED PROPERTIES AND DEWEY PARK Page 19 of 30 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: Page 20 of 30 ATTACHMENT "D.1" 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 are 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: Page 21 of 30 ATTACHMENT "D.2." 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 are 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: Page 22 of 30 ATTACHMENT "E" CITY OF BOYNTON BEACH PLANNING AND DEVELOPMENT DEPARTMENT FORM Proposer(s): _ has met with the City's Planning& Development Department to review the development that will be proposed within the 115 N. Federal Highway Block consisting of the following addresses and Property Control Number(s): Attachment "A" Property Addresses (check all applicable) Property Control Numbers ❑ BBCRA-owned Parcels 508 E. Boynton Beach Boulevard 08434528030010060 NE 1"Avenue 0843452803001 01 00 NE 41h Street 0843452803001 0080 115 N. Federal Highway 08434528030060010 ❑ #1 510 E. Boynton Beach Boulevard (Ace) 08434528030010030 ❑ #2 217 N. Federal Highway (S&F Properties) 0843452803001 001 0 ❑ #3 209 N. Federal Highway (Camalier) 0843452803001 01 21 ❑ #4 101 N. Federal Highway (Rajas Family Investments, Inc.) 084345280300601 30 ❑ #5 500 Ocean Properties, LLC (Oyer) 511 E. Ocean Avenue 084345280300601 00 515 E. Ocean Avenue 08434528030060111 529 E. Ocean Avenue 084345280300601 20 General Summary of Proposed Mixed Use Development (check all applicable): ❑ Approximate Gross Area of Non-residential/Commercial Uses s.f. ❑ Approximate Total Number Market Rate Residential Units ❑ Total # Rental Units ❑ Total # For Sale/Condo Units_ ❑ Approximate Total Number of Workforce Housing Units ❑ Total # Rental Units ❑ Total # For Sale/Condo Units ❑ Other Uses Approximate Overall Height feet Approximate Number of Stories Approximate Total Parking Spaces (including additional Public Parking Spaces) Pre-development/Entitlement Applications (check all applicable): ❑ Future Land Use Amendment ❑ Rezoning ❑ Conditional Use for ❑ Site Plan Approval ❑ Replat ❑ Other City of Boynton Beach Planning & Development Dept. Staff Name/Signature: _ Date: Page 23 of 30 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 BBCRA contribution requested, if any $ - Other funding as identified $E- - Funding Total $ - Page 24 of 30 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: Page 25 of 30 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 Page 26 of 30 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;ortransact 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 Page 27 of 30 ATTACHMENT'T 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) Page 28 of 30 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) Page 29 of 30 ATTACHMENT"L" 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 July 23, 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 July 23, 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 Page 30 of 30 B(Z)Y`NTON CRA' 3BEACH ADDENDUM NO. 1 TO REQUEST FOR PROPOSALS AND DEVELOPERS QUALIFICATIONS (RFP/RFQ) 115 N. FEDERAL HIGHWAY INFILL MIXED-USE REDEVELOPMENT PROJECT August 26, 2021 TO ALL PROPOSERS AND OTHERS CONCERNED The Boynton Beach Community Redevelopment Agency (BBCRA) has issued a Request for Proposals and Developer Qualifications (RFP/RFQ) for the acquisition and redevelopment of various BBCRA owned parcels including 115 N. Federal Highway, Boynton Beach, Florida, adjacent parcels for which the BBCRA has secured the property owners' consent to include in this RFP/RFQ and which the BBCRA anticipates owning prior to project commencement, and other parcels not owned or controlled by the BBCRA, as referenced and identified on Attachment "A" Aerial Map/Parcel Map of the RFP/RFQ, hereinafter collectively referred to as the"Project Site." The intent of this RFP/RFQ Addendum is to provide supplemental 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: In reviewing the RFP/RFQ, where the attached appraisal was provided and where the RFP states, "The property being offered (including the parcels the BBCRA is in the process of negotiating acquisition) is approximately 2.28 acres."Can you confirm that the Oyer property is part of the 2.28 acres and that the targeted date for closing on the Oyer property would be completed before the submission due date of October 19th? And also does that include the Bradley Miller property? Does the CRA anticipate that both of those properties would be available for the Proposers to include?And is there an anticipated value that the CRA will require as a minimum to bring both of those properties into this development? Answer: The 511, 515, and 529 E. Ocean Avenue (Oyer property), BBCRA owned properties, and 508 E. Boynton Beach Boulevard(Miller property), excluding adjacent alleys and road right-of- ways, total approximately 2.28 acres based on the survey provided and information indicated on the Palm Beach County Property Appraiser's website. A boundary survey for the Miller and Oyer properties will not be available until after closing. The contracted price for the Miller property at 508 East Boynton Beach Boulevard is$915,000. The BBCRA has performed its due diligence and the property will be conveyed to the BBCRA unoccupied. The BBCRA anticipates that the closing will proceed as scheduled on November 11, 2021 thus available to be included as part of this development. The Oyer property, 511, 515, and 529 E. Ocean Avenue, is appraised at $3.4 Million. The BBCRA Board agreed to a purchase price of$3.6 million and directed staff to enter into negotiations for a Purchase and Sale Agreement with a target closing date by the end of the year. The inclusion of this property into the development is subject to the completion of the BBCRA's due diligence which cannot occur until there is an executed Purchase and Sale Agreement. 01531443-1 1 Addendum No.01 Please refer to Paragraph 13, RFP/RFQ Proposal Evaluation and Selection Process, for information regarding the anticipated value of the properties as it relates to the overall quality of the development. Question #2: Please provide a copy of the lease agreement for Hurricane Alley with confirmation that all terms will remain the same with the CRA and eventually with Master Developer? Answer: The lease agreement for Hurricane Alley will not be available to the BBCRA until a Purchase and Sale Agreement between the BBCRA and 500 Ocean Properties, LLC is executed and due diligence commences. The BBCRA is unable to confirm any aspect of the terms of the lease at this time. Question#3: The parcel shown as#4, owned by the Raja Family Investments, is that property considered to be acquired by the CRA? Answer: The BBCRA has not received any direction from the Board to pursue acquisition of the referenced property. Question #4: What are the setbacks and height restrictions that are in place along the Federal Highway and Ocean Avenue frontages where retail uses will be located? Answer: This property is within the Urban Commercial Overlay, and would need to meet the overlay guidelines in addition to the underlying zoning district requirements. The guidelines require a pedestrian zone made up of three different components along Federal Highway and Ocean Avenue including: a street tree area zone of about five feet, a publicly accessible sidewalk that is ten feet wide, and a pedestrian zone (i.e. commercial, outdoor dining) that is another eight feet. All of these are measured from back of the curb inward into the property. The only additional height standard within the Overlay is a maximum height of 45 feet along Federal Highway then a step back in the building of about ten feet. After that ten feet, it is permitted to go under whatever the underlying zoning district permits. Question #5: There is a right of way between Ace Hardware and the CRA owned property, is that right of way part of the development or could it become part of the development? Answer: Abandonment of the 20' wide road right-of-way (Plat Book 1, Page 23) between the CRA property and 510 E. Boynton Beach Boulevard Property(Ace Hardware) is subject to review and approval by the City of Boynton Beach. If approved, only the portion between the Miller property and the BBCRA property may be incorporated in its entirety into the development. With respect to the right-of-way along Ace Hardware's property, depending on how the right-of-way was dedicated, only the southern half of the abandoned right-of-way may be incorporated into the development. Question #6: When Proposers submit a plan to the planning department for review, will they have the chance to have other disciplines/groups such as the City's Utilities Department weigh in on the plans? 01531443-1 2 Addendum No.01 Answer. The RFP/RFQ does not require Proposers to submit a full site plan. If Proposers would like to know the feasibility of their development, the BBCRA encourages Proposers to contact City staff and ask for a pre-application or pre-review before submittal. It is up to the Proposers at their discretion to do their due diligence. If additional approvals are required such as variances, conditional uses, code amendments, etc., those processes should be identified and addressed in the proposal. Proposers will still need to go through the City processes to do the formal review for the site plan approval processes. Please contact Amanda Radigan, Principal Planner, (RadiganA@bbfl.us), to coordinate an informal pre-application meeting with the City's development review team. Question #7: Please provide an estimated budget or value range for this project? Answer: The project budget or cost will not be available until the successful developer is selected by the BBCRA Board and a Purchase and Development Agreement is executed by both parties. Question #8: Does the CRA require union participation in your projects? Answer. No. Question #9: Do the CRA release planholder's lists for your projects? If so, please provide a copy. Answer. There is no planholder's lists for this RFP/RFQ. Interested parties who have registered to receive information concerning the project are provided in the response to Question #10 below. Question #10: Please provide a list of all registrants. Answer. The following entities/individuals have registered as of the publication date of this Addendum: • Bob Moser- Rvi Planning +Landscape Architecture • Mark Hefferin, Kelley Hefferin, Antonio Balestried, and Ogla Corrada - E2L Real Estate Solutions, LLC • Michael Haller- Concord Eastridge, Inc. • Jeff Burns-Affiliated Development • Louis Puma-Affiliated Development • Maxwell Van Arnem, Harold Van Arnem and Bill Morris- Ocean Ave Residences and Shoppes, LLC • Ted Leshinski- Keith Team • Jordan Thaler- Hyperion Development Group • June Jean- Stateland Brown Holdings • Tim Carey • Valerie Pleasanton • Barbara Ready 01531443-1 3 Addendum No.01 • Traci Scheppske— WGI A video recording of the August 19, 2021 Voluntary Pre-submission Meeting is available on the BBCRA website, https://www.boyntonbeachcra.com/Home/Components/RFP/RFP/10/80. END OF ADDENDUM No. 1 01531443-1 4 Addendum No.01 J tf, C-) IN-r,("D CRA , itrt,, BEAC COP MUNITY ADDENDUM NO. 2 TO REQUEST FOR PROPOSALS AND DEVELOPERS QUALIFICATIONS (RFP/RFQ) 115 N. FEDERAL HIGHWAY INFILL MIXED-USE REDEVELOPMENT PROJECT September 24, 2021 TO ALL PROPOSERS AND OTHERS CONCERNED The Boynton Beach Community Redevelopment Agency (BBCRA) has issued a Request for Proposals and Developer Qualifications (RFP/RFQ) for the acquisition and redevelopment of various BBCRA owned parcels including 115 N. Federal Highway, Boynton Beach, Florida, adjacent parcels for which the BBCRA has secured the property owners' consent to include in this RFP/RFQ and which the BBCRA anticipates owning prior to project commencement, and other parcels not owned or controlled by the BBCRA, as referenced and identified on Attachment "A" Aerial Map/Parcel Map of the RFP/RFQ, hereinafter collectively referred to as the"Project Site." The intent of this RFP/RFQ Addendum is to provide supplemental 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: Will the city of the awarded GC be responsible for the materials testing and inspections on this project? Answer: The BBCRA will be awarding the contract to a developer who will be responsible for hiring a General Contractor or Builder to work on the project if they do not have the expertise in- house. Question #2: Does Ms. Shutt need to be informed in writing when a proposer meets with City staff about the project? Answer: CRA and City staff have coordinated in advance of the RFP/RFQ issuance. Planning and Development staff is aware of the project so interested parties may contact City of Boynton Beach Planning and Development staff directly for a meeting. Below are their phone numbers. Mike Rumpf, Planning and Zoning Administrator 561-742-6374 Amanda Radigan, Principal Planner 561-742-6256 1 01531443-1 Addendum No.02 Sections 3, 12, List of Attachments, and Attachment "B" in the RFP/RFQ is hereby amended to state: (The underlined language below indicates language that is added. The .0rikeeit language below indicates language that is deleted). 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," Aerial Map/Parcel Map and "B," Survey of BBCRA Owned Properties, Properties which the BBCRA currently has an executed contract to purchase, and Dewey Park. All appraisals and surveys of the subject properties that make up the Project Site are available or will be provided upon the BBCRA's acquisition in electronic form on the BBCRA's website, https://www.boyntonbeachcra.com/business-development/rfps-rfgsitbs. Proposers should not rely solely on the information in the appraisal when compiling the financial components of a proposal. The appraised value of BBCRA properties should be considered by proposer(s) in the offering price and request for BBCRA incentives. 12. RFP/RFQ Documents Provided The following planning and site documents are considered part of this RFP/RFQ and may be obtained from the BBCRA office or https://www.boyntonbeachcra.com/business-development/rfps-rfgs-itbs. • Survey of BBCRA Owned Properties, Properties which the BBCRA currently has an executed contract to purchase, and Dewey Park (provided as Attachment "B") • Phase I and/or Phase II Environmental Reports(including 508 E. Boynton Beach Boulevard 9/13/21 Phase 11 Environmental Site Assessment) • Property Appraisals • 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 visual inspections on the property. List of Attachments: A. Aerial Map/Parcel Map B. Survey of BBCRA Owned Properties, Properties which the BBCRA currently has an executed contract to purchase, and Dewey Park C. Proposer Information D. 1. Authorization to Perform a Credit Check (personal) 2. Authorization to Perform a Credit Check (business entity) E. City of Boynton Beach Planning and Development Department Meeting Verification Form 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. Acknowledgment Letter 2 01531443-1 Addendum No.02 ATTACHMENT "B" SURVEY OF BBCRA OWNED PROPERTIES, PROPERTIES WHICH THE BBCRA CURRENTLY HAS AN EXECUTED CONTRACT TO PURCHASE, AND DEWEY PARK Please note that Attachment "B"has been replaced in its entirety and the.dwg file will be uploaded on the BBCRA website by 5:00 P.M. Monday, September 27, 2021. END OF ADDENDUM NO. 2 3 01531443-1 Addendum No.02 4 - - _ 0 dO'w< a00�.�, a _ __"'g _ _ _ _ - - _ 7m vgo - - - - - ¢pyo Z a Q Z LL 0 m Dol �p ZZZ oo 0 pyO o a - - - - O¢F z W a _ _ z -t-- ,oµ--- ----- - li moo,„a- �mE oo .�T J—oJ ----- - po-EAST BOVNT ON BEACH BOULEVARD-ISwTATE ROAD 804) L I me x mcwo --r g 6 ^ 80 m Q s e BUILD- 0 0 I m a N a j �a i - F- t g m i n p m � x ,o sa I,o 0 m e a < ms`s NE 1st AVENUE Ll o t /i Pacrel '°" C m o xo o bo v O �lLy Lii� O aI � I§ m o - m I mm �� I �m o a I m p m Qo= o^ O o r hrc eea _ G ( W 3a re/ /i 'rel H� I I I I e d I gµ y d m U' r Si �&Wo •,g'' E" II " I a ¢_'a M� Weo o U Q— o I o :ooW — Q p a I 6d �P o N � W _ J3 a po e r gnu a.m p o T -Ln EASe8 T AVENUE _ _ z - rnj o c ___ O �m RF BLOCK 7 • t m TOWN OF 60YNRi0N li vOrcp�'rP'=cep i3tn �vjs �O �o r.rea zrse�es°.e.eziLL I I I, 'I I mm oe ie3a �IAtl BOY N RA 1f))lisrjrtt« s IC Cu ON aiC.PN€TY F;EDEV LC)PI EN" AGl NCC,t ADDENDUM NO. 3 TO REQUEST FOR PROPOSALS AND DEVELOPERS QUALIFICATIONS (RFP/RFQ) 115 N. FEDERAL HIGHWAY INFILL MIXED-USE REDEVELOPMENT PROJECT October 4, 2021 TO ALL PROPOSERS AND OTHERS CONCERNED The Boynton Beach Community Redevelopment Agency (BBCRA) has issued a Request for Proposals and Developer Qualifications (RFP/RFQ) for the acquisition and redevelopment of various BBCRA owned parcels including 115 N. Federal Highway, Boynton Beach, Florida, adjacent parcels for which the BBCRA has secured the property owners' consent to include in this RFP/RFQ and which the BBCRA anticipates owning prior to project commencement, and other parcels not owned or controlled by the BBCRA, as referenced and identified on Attachment "A" Aerial Map/Parcel Map of the RFP/RFQ, hereinafter collectively referred to as the"Project Site." The intent of this RFP/RFQ Addendum is to provide supplemental 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: Is there any unused density associated with Dewey Park that can be used for additional units in the proposed development? Answer: No, Dewey Park currently is described as a passive recreational amenity adjacent to the project. In order to allocate density to the parcel and combine it with this project, changes in land use and/or zoning would be required, which would need to be approved by the City. Question#2: I understand there was a response to the question of whether the Oyer property can be included in the RFP response. I believe the answer was yes, however the last part of the response was a little confusing. With regard to the red portion, does this mean we cannot include this property into the response until the BBCRA's due diligence is completed and there is an executed PSA?"The Oyer property, 511, 515, and 529 E. Ocean Avenue, is appraised at$3.4 Million. The BBCRA Board agreed to a purchase price of $3.6 million and directed staff to enter into negotiations for a Purchase and Sale Agreement with a target closing date by the end of the year. The inclusion of this property into the development is subject to the completion of the BBCRA's due diligence which cannot occur until there is an executed Purchase and Sale Agreement." Answer: The Oyer property may be included in a proposal pursuant to Section 10.f of the RFP/RFQ. 1 01546952-1 Addendum No.03 Question#3: Can you please resend a link for the Impact Fees? The link in the RFP does not seem to work. Answer. Please see the link below. https://discover.pbcpov.orp/pzb/adinstration/pages/impact-fee.aspx Question#4: Is there a pre-registration prior to the October 19th deadline that we can register our organization to be able to submit an RFP? Answer. Please see Section 7 of the RFP/RFQ for registration information. Question#5: On the proposal itself, what should we list as the price for the land, should it be the $3,400,000 or is the land free? Answer. Please see Sections 10.i,j, 1, and m of the RFP/RFQ. Question#6: With the understanding that the Oyer and Bradley properties are under Purchase and Sales agreements based on Addendum #2 map, can we obtain a copy of both agreements for our review to confirm specific conditions and confirmed timing to close? Answer. Please see the attached fully executed Purchase and Sale Agreements for both the 511, 515, and 529 E. Ocean Avenue and the 508 E. Boynton Beach Boulevard properties. Question#7: Based on the revised property maps we understand the city currently has 3.581 acres of property to support the master development. This includes the City Dewey Park and Right of Ways as shown on attached highlighted map. Based on current and future zoning calculations of 80 units per acre this would indicate maximum of 286 units. Please confirm this is correct without any workforce housing bonus which would require a minimum of 25% of the units to be designated for 80-140 AMI for Boynton Beach area per section 9.a. of the RFP? In furtherance, we wanted to include hatched project area showing inclusion of dedications from ROW's to illustrate our master site density contributing land. Answer. Confirmation of total unit count for a proposed development needs to be obtained from the City of Boynton Beach. Question#8: Is the CRA eligible to extend its sunset date beyond 2044 to recover additional TIF money's that could be possibly used to support the developments parking requirements? Answer. No. Question#9: Are there appraisals available for 510 E Boynton Blvd, 217 N Federal Highway, 209 N Federal Highway and 101 N Federal Highway? They are not available on the BBCRA website. Answer. The appraisal for 209 N. Federal Highway is attached. The BBCRA does not have appraisals for 510 E. Boynton Beach Boulevard, 217 N. Federal Highway, and 101 N. Federal Highway. These were not included as part of the RFP/RFQ documents since the BBCRA was either not under contract for the properties, or Board approval of the offer price was not given for these properties. 2 01546952-1 Addendum No.03 Question#10: Section 9a, of the RFP is in reference to affordability. Where can we receive more specific information about what would be deemed affordable rents for these AMI levels described in the RFP?And what percentage of the affordable units would need to comply with the moderate income range vs. the middle income range? Answer: Please contact the City of Boynton Beach Planning and Development Department for the affordable rents for the Boynton Beach AN levels. The RFP/RFQ does not have a required percentage of affordable units for the moderate or middle income ranges. Sections 12 is hereby amended to state: (The underlined language below indicates language that is added. The istr4keou language below indicates language that is deleted). 12. RFP/RFQ Documents Provided The following planning and site documents are considered part of this RFP/RFQ and may be obtained from the BBCRA office or https://www.boyntonbeachcra.com/business-development/rfps-rfqs-itbs. • Survey of BBCRA Owned Properties, Properties which the BBCRA currently has an executed contract to purchase, and Dewey Park (provided as Attachment "B") • Phase I and/or Phase II Environmental Reports(including 508 E. Boynton Beach Boulevard 9/13/21 Phase 11 Environmental Site Assessment and Confirmatory Groundwater Sampling Report for the CRA Property in the vicinity of 115 N. Federal Highway) • Property Appraisals • 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 visual inspections on the property. END OF ADDENDUM NO. 3 3 01546952-1 Addendum No.03 PURCHASE AND SALE AGREEMENT This Purchase andl nt( rei r" )Is made and entered Into s of the Effective (hereinafter defined), by and between BOYNTON BEACH REDEVELOPMENTlic agency created pursuant Chapter 163, Part Ill, of the Flora s (hereinafter "PURCHASER") and SOD Ocean Properties, LLC (hereinafter 'SELL "). In consWeration of the mutual covenants ande in set forth,the Parties hereto agree as fol . PUKHASE A11D j&W&BQP= ll and convey PURCHASER andu nd acquire from SELLER, an the terms andn hereinafter , the Properties Wated In Pal Beach County, Florida (the aPropertlee) 9nd more particularlydescribed ll Lot 10 and the West 7 feet 8 Inches of Lot 11, Less the South 8 feet (Ocean Avenue R/", Block 4 TOWN OF BOYNTON, according to the plat thereof,as recorded in Plat Book X Page 23, ` f the Public records of Palm BeachCounty,Florida And Lot 11, Less the West 7 et 8 Inches,Less the South 8 feet Avenue ), ,according to the plat thereof,as recorded In Plat Book 1,Page 23,of the Public Records of Palma ,Florida. And Lot 12, Block 6, ORIGINAL TOWN OF BOYNTON, accordingthe plat thereof, recorded in Plat Book 1, Page 23, of the Public Records 'Peachun ,Florida. Property Address: 51L 513% and Sn East 1. PURCHASE PRICE AND PAYMENT. u r the Property shah ill... n Sbc Hundred ThousandIla ( ), payable in cash, by wire transfer oU nited States Dollars at the Closing. ' 1 ii SELLER's inftisisi Purchase and Sale Agreement Pap 2of1 3. DEPOSIT. 3.1 Eafflest on v o N Within five( )Business Days after the execution of the Agreement by both parties, PURCHASER shall delver to Lewis, Longman&Walker, P ( ne) a deposit in the amount of Fifty ThousandIla ($%000.00) ( h "Initial Deposre). Provicling thisn Is inaterms , PURCHASHER shall deliver to Escrow Agent an additional deposit In the amount of One Hundred Thousand o! ( , on or before October 15t 2M1. The Initial Deposk and additional p sit are hereafter referred to a i . 3.2 AagilcoggoiDIshursemoi,,gf,,L)e2glit, The Deposit shall be applied an disbursed s follows: Providing this Agreement is not terminatedeither party pursuantthe terms set forth herein, Fifty Thousandit be releasedSELLER withinthe expiration of the Feasibility (hereinafter fine ). The remainingp shall be deliveredE a Closing, and the PU RCHASERsha II receive a credit for the Deposit againstPurchase ri . If this Agreement Is terminated duringthe Feasibility for any reason, the Depositshell be Immediately fun e PURCHASER. If this Agreement Is terminateda default, pursuant to Section 12,the Deposit shall be delivered to( r retained by,as applicable) on- f , and the non-defaulting Pa shall have such additional rights, If any, as are providedIn Section 3.3 Escrow_Agent. PURCHASER andauthorke Escrow Agent to receive, deposit and hold funds in escraw and,subject to clearance,disburse them upon proper autharbAon and In accordance with Florida law and the of this Agreement The parties agree that Escrow AgentWill not be gableo for misdeliverV of escrowed PURCHASER andSELLER, unless misdelivery willful breach of this Agreement or gross negligence. If Escrow AgentInterpleads the subjectr Escrow Agent ill pay the filingand costs from the os n will recover reasonable attorney's fees and coststhe escroowed funs which are charged awarded as court costs in favor of the prevailingparty. All claims againstt will be a rbltrated, so long as Escrow Agents to arbitrate. 4. gFJ . E E The date of this Agreement( e Date ) shall be the date when t st one of the SELLER andPURCHASER has signed this Agreement. S. Q2$1M. The purchase and sale transaction contemplated herein shall dose o or before December 17, 2D21( a'Closing ), nle extended by written agreement,signed t , extending the Closing. However,In no event whomever shallt Closing r later than December 31, 2MI. 6. Tlyg]n E CQhIVEYED. At Closing, SELLER shalt convey tD PURCHASER, SELLM initials Purchase and Sale Agreement Pap 3 of 1 Spedal Warranty Deed1 it the requirements of the1 nt(hereinafter defined), valid, a e b and lrisurable title In fee simple the Property,free and dear of any and all lens, encumbrances, conditions, easements, rl ions and other conditions except only the following(collectively, 'Permitted Exceptionsm): ( ) general real taxesestate and special assessments for the year of Closingn u uen t due and payable; ( ) covenants, conditions, easements, dedications, rlights-cf-waV and matters record Inducled on the Title Commitmentor shown on the Survey ( n In Section , to hich PURCHASER falls3 or which PURCHASER agrees to accept, pursuantSection 7.1 and Section 7.2 hereof. 7. FEASIOWTV_ PERIOD. The PURCHASER and Its designeesshall have from tho Effective Date II November 1Z 2MI (aFeaslbilkV Parlocr), at PURCHASEWs expense, to make Inquiries which PURCHASER may deem necessarydetermine a suitable r Its Intended we and to enter upon Property, at anytime to time with reasonablenotice to SELLER and so long tresult In a business Interruption, to perform any and all physical tests, inspections, valuation appraisals and Investigations of the Property, Inducling but not limited to Phase i and Phase it Investigations. During this Feasibility Period, PURCHASER may elect, In C SE 's sole and absolute d1wation, to terminatethis Agreement and receive back theDeposit, provicied that PURCHASER es SELLER with written notice E ' s terminate the Agreement prior to time on the last day of the Feasibility Period. Soul PURCHASER fail to providei rior to 5:00pm Eastern time n the fine I day.of the Feasibility Period, PURCHASER will have waiveditterminate the Agreement pursuant to this , the II become non-refundable to PURCHASER(except In the event of a material default by SELLER),and the parties shall proceed to Closing on the terms and conditionscontained in. If PURCHASERlterminate this Agreement in accordance with this Section, PURCHASER shall: (1) leave the Property in substantially the condition existing on the , subject to such disturbanceas was reasonably e sa or convenlent forte testing and Investigation of the Property,(i1)to the extent practicable, shall repair and restom anya E ' testing and i n; a (11ase to SELLER, at no cost all reportsn h r work product generated as a result of the PURCHASERsIn Investigation. PURCHASER hereby es to Indemnify and hold SELLERharmless from and against all dalms, losses, expenses,s, man s and liabilities, Induclift but not limited to, amrney'sfees,for nonpayment for services rendered to P (Iniluding, without Imitation, any construction liens resultingtherefrom) or for damage to persons or property (subject the limitation on practicability ) arising out of PURCHASEWs. Investigation o the Property. However, PURCHASEWs Indemnification obligations shall ncot exceed Its statutorylimits of sovereignImmunity ithi n 768.28, Florida Statutes, and PURCHASER does not waive its sovereign Immunity h . ' obWlons under a ion shall survive the termination,expiration orClosing of this Agreement. 7.1 MII&YJIME, Within twenty( ) days of the Effective , PURCHASER shall obtain, at the PURCHASEWsnse, from & Title Company chosen by PURCHASER e. PUC s Initials: ��'`j1 SELLER's Initials: Purchase nd Sale Agreement Page 4 of7 (hereinafter l Ca pan ), a Title Commitment sl t insure in the amount of the Purchase Price subjectonly to the Permitted Exceptions,together with completelegible all Instruments a s conditions r exceptions In Schedulethe Titlen ll assessments, outstanding utility charges, liens and other matters not constitutingI Ins and that can b cured with the payment of moneyshall be paidr to or at closing from SELLEWs proceeds. PURCHASER shall examine the 'ritle Commitment and deliver written notice SELLER no later than thirty( )days after the Effective Daft notifying E any objections PURCHASERhas to the condition of tit (hereinafter'Title Objections"). If PURCHASER falls to deliver the Title ObjectionsSEMER withint rt ,title shall be deemed accepted subject conditions set forth In the TitleCommitment. If PURCHASER timely delivers the Title Objections,then s either cure and remove the Mtle Objection(s) or provide notice to PURCHASER that SELLER will not cure such title J (hereinafter "Cure Period"). in the event that SELLER Is unable or unwilling to cure remove,and or cause to be cured and removed, the TitleObjections i the Cure Period, then PURCHASER, i 's sale and absolutediscretion, shall have the option o (1) accepting the title as it then Is and proceedingsin it reduction in the Purchase Price and all such Title Objections that SELLER dechnescure shall become Permitted Exceptions, or(ii) canceling andr fn i h In which ,the Deposit shall be returned to PURCHASER n the is shag her obligations or liability hereunder, except for those x i n of this Agreement. Should elect to accept the title s it then Is and proceed to Closing, i ll still be required all assessments, outstandingcharges, liens,and mortgages due and payables of the Closing. In no event shall SELLER be requiredto commence litigation to cure any title or surveydefect,encroachment,or encumbrance. Prior to the CAosing, PURCHASER shall have the right to cause the Title Company to Issue an updated Title Commitment (ONe Ucovering the Property. If any Title Update ins any conditions that arose after the effective date of the title commitment and causedwere or allowed to occur by SELLER andwhich i r In theI nt, and such Items render title unmarketable, 5 shall have the right to object such new or different conditions in writingr to Closing. fl rlghts and objections of the Parties with respect objections risi hshall be the same as objections items appearing in the Titlef j s of this Section. 7. . 5urvey &_v1-. PURCHASER, at PURCHASER's expense, shall obtain current boundary u y (the ) of the Property, Indicating a number of acres comprising the Property to the nearest I/WMh of an acre. if the Survey disdoses encroachments n the Property or that Improvements located thereon encroach on setback lines, easements, Ins of others or violate ny restrictions, covenantsof this or applicable n l regulations, the same shall constitute a title fe and shall be governed the provisions of Section 7.1 con f Objections. ver, In no event shall S i commence litigation n title or survey or ` PURCHASM I iti SELLER's I itI I . r Purchase n Sale Agreement Page 5 of 17 encroach me nt,or encu mbrance. 7.3 SEUER Deliveries. SELLER shall deliver to PURCHASERfollowing n and Instruments withint (3) business days of the Effectiveof this Agreement, except as specifically In I . 7.3.1 Copies of lanes for all commercial and residential tenants ing the Property. 7. .2 Copies of any reports or studies (including en to rl environmental, soil borings, and other physical Inspection , in SELLEWs possession or control with respecte physical condition or operation of the ,If any. 7.3.3 Copies of all licenses, variances, iv , permb (including not limited to all surface water management permits, wetiands r lconsumptive use permits andvl n I resource permits), authorizations, and approvalsrequired law or by any governmental or private authorityhaving jurisdiction r the Property,or any portion ( I Approvals"),which are material to the use or operation of the Prope rtV andin SELLEWs possession, any. 73A At Closing, shall execute and deliver to PURCHASER any and all documentsend Instruments requiredPURCHASER,in PURCHASER's sole andabsolute discretion, hich: (Q effectuate the transfer to PURCHASER of thoseov rn I or portions thereofis are applicable the Property, that PURCHASERdesires to have assigned o it, and/or ( ) cause the Property to be withdrawn from anyGovernmental Approvals. SELLER will not be requiredincur expenses to providesuch documentsan Instruments. o later than twenty ( prior to thei , SELLER shall remedy, restore, and rectify any and all violations r I Approvals (including, but not limited , any and all portions of the surface r management system, mitigation areas or other Items which do not comply with the Govemmental Approvals or applicable rules), if any. SELLER ns that there will not be, at thetime 11 any unrecorded Instruments affectingWe to the Property, Including but not limited any conveyances, easements, licenses r leases, CONDITIONS - i . PURCHASER shall nobligated to close on the purchasethe Property unlesseach of the following n ins(collectively,the "Conditions to 11 ) am either fulfilled or waived by PURCHASERIn writing: . . RegrespoWligarls and WarMM& All of the representations and warranties of SELLER containedin this Agreementshall be tnie and correct as of Closing. .2. physical condition of the Property shall b ' Initials: ,, SELLER's Initials: Purchase and Sale Agreement Page 6 of 1 materially the some n the date of Closing s on the Effective Date, reasonable wear and tear excepted. 8.3. PendInZ_ProMed1nFj, At Closing, there ll be no litliption, claim, action, or administrative agency or other governmental proceeding, of any kind whatsoever, Nether pending, actual, or threatened, that would affect the Property, which has not been disclosed,prior to Closing, n C . s and Regulations. The Property shall be In compliance with all applicable federal, state andi laws, ordinances, rules, regulations, requirements,licenses,permits ando ions as af thedate of Closing. Property II y t t t time of Closing J on ®x leases referred to In Section 7.11 above. After the Effective t t,Sailer shall be permitted to renew existingleases affecting the Property provided that II such renewal leases provide the landlord a nine ) right of termination, do not exceed a term of one Veer from the date of renewai, and that any ternu whatsoever that differ from the current lease r thant lease expiration subject I or rejection by PURCHASER. 9. QDSINGePURCHASER ll prepare, or cause to be prepared, the Closing t forth In this Section, except for documents prepared by the PURCHASER'PURCHASER's Titlein shall execute anddeliver, or cause to be executed ei the following documentsInst (collectively, "Closing o n , . Japed. A Special Warranty Deed ( h ") conveying valid,good, marketable and insurablesimple title n r of all liens, encumbrances and other conditions of title otherthan the Permitteds. .2 121ler"s AffMlXks.121r" SELLER shall fumish to PURCHASER and Title Company a customary o n is affidavit attestingt @ bestof b knowledge,no Individual r entity has any claim i under the applicable llen t ; and that there are no partiesIn possession of the Property other then SELLER. SELLER shall also furnish non-foreignv . In the evet SELLER Is unable t 'de live r its affilaffild evits refers need above,the same shall be deeined an u neured title . Closingclosing n h the Purchase price, the II credits, adjustments and prorations. between PURCHASER andII costs and expenses to be paidat Closing, n net proceeds due SELLER,which PURCHASER shall so execute and deliver at Closing. OmAto Docuarn Documentationrequired r title to the ar t sPURCHASEWs Inithils. -i -` SELLEWs initials. i Purchase and Sale Agreement Page 7 of 17 Property f all liens,encumbrances and ,if any,otherthan otherPermitted 1 ns. .5. Add An1LQgg1M1= Suchr documents as PURCHASER or the Title Company may reasonably t that SELLER execute and dermer,and any other documents requiredis Agreement or reasonably necessafy In order to close this transaction effectuatetheterms of this . CLOSINGM EBQMONS,CLOSING GM AND rents,10.L Prorations. Assessments, Interest, Insurance and other expenses of the Property shall be prorated through theloi shall have the option of taking r existing policiesinsurance, assumable,In whichpremiums shall be prorated. Cash at Closing s ll be Increased or decreased as may be requiredr Ins throughto be made h r to Closing. Advance rentand security deposits,If any,will be credited . Taxes shall be proratedupon the current yeaes tax with due allowance r maximum allowable . ll comp with SectionIV Florida Statutes,with respect to the payment of prorated ad valorem taxes for the year of closing Into I II is Office. in the event that, following the Closing, l amount of assessedI pmperty tax an the Property for the current yearls higherthani used for purposes of the Closing, s shall re-prorate anyi r credited basedon suchestimate aslfpaid In r. This shall sufvIve the Closing. . . SRAGWI ROL Uens. Certified, confirmed and ratified special assessment liens imposed by publicl sin . Pending liens s of Closingshall be assumedPURCHASER. If the Improvement has been substantially completed as of the Effective Date, any pendinglien shall be consideredcertified, confirmed or ratified and SELLER shall, at ClosInL be charged an amountl to the last estimate r assessment for the Improvement by the public Closina Cost& PURCHASER shall be responsibler recordingII general closing expenses (settlement ur r fees, ovemight package, etc.), all title insurance expenses, documentary sumps an the deed, and any expenses associated PURCHASEWs financing. ill pay their respective attorney's fees. Otherthan SELLER yin r , PURCHASER and SELLER agme that the transaction contemplated this Agreement shall be"net"to the SELLER withyin II costs associated with the tra nsactio n other than SELLEWs a y's ure. PURCHASER shall fund the Purchase the credits, offsets andherein. C (as applicable)shall execute and deliver to ClosingClosing sin sh II, at otimms PURCHASER'S Initials SELLER's Initials; , Purchase IAgreement Closing:Page 8 of 17 (1) disburse the sale proceeds to SELLER; (II) deliver the Closing Documentsn a 'marked-up"ntle Commitment to PURCHASER, andr, record the Deed and other recordable Closingin the appropriatepublic records. lflg, MoM&2A ApdAt Closing, shall obtain, or cause to be obtained, s fa r release of record of all mortgages, liens applicable c ri COVENANTSIL REPRESENTAMNS, induce PURCHASERr Into this Agreement, SELLER makes the following ,all of which,to the best of Its knowledge,in all material respects and except as otherwise provided in thW Agreement(1) are now true, and(IQ shall be true as of the date of the Closingunless receives Information to the contrary, and (III) shall survive the Closing. In that PURCHASER Ii be provided immediate notice to the following representations: 11 At all t s e Date until priorto Closing, shall keep the Property(whether before or after the date of Closing) clear of any mechanies or material n's llensfor work or materials fumished to or contracted for,by or on behalf of SELLER prior to the Closing,and SELLER shalll a fen and hold PURCHASER harmless from against allx nd Kablilty in connectiont (including,without limitation,co u rt costs reasonableand rn s ). 11.2 SELLER has no actual knowledge nor has SEU.ER received any notice litigation, i ,action or proceeding actual orh in r the Property by any organization,person,Individualorgovemmental agency which (as to anythreatened litigation,claim,action or proceeding,Ina materiallyv fashion)the use,o lue of the Property or any part thereaforwhicho otherwise relate 11.3 SELLERhas full power and authorityr Into this Agreement and assume and performobligations hereunder in this Agreement. SELLER does rot and will not conflict it In the breach of any conditionor provision,or constitute a defaultunder,or result In the creation orImposition o lien,charge,or encumbrance upon th r rt or assets of the SELLER by reason ofthe terms of any contract,mortgage,lien, s , agreement, Indenture, Ins r judgment to which the SELLER Is a party of which is or purports binding the SELLER or which effects the E ®no action by any federal,stow or municipal r other govemmental agency department, commission, board, bureau or Instrumentality necessaryto make thIsAgreementa valid Instrument bindinguponthe SELLER In accordance with its terms. 11.4 SELLER representsill not,between the AgreementandtheClosing,withoutr r t, lch consent shall not be unreasonably i I r delayed, except In the in st , create any m rna PCU sInitials."", SELLEWSI Purchase and Salet Page 9 of 1 encumbrancesnthe . For purposes of this provisionn "she II mean any liens, claims,options, or other encumbrances,encroachments, rights-of-way, leases, conditionseasements, covenants, or restrictions. Except for renewing existingleases In accordancewith Sectiona.5 hereof,SELLER represents thatSELLERill not,betweenthe Effective Datoof this Agreement and the Closing,take any action to terminate r material ,amend or alto r any existingin existance,withoutthe pdarconsentof PURCHASER,whichConsent shall not be unreasonablywilth held ordelayed. 1L5 SELLER represents that them rh In possession of the Property r any portion of the Property as a lessee othert clSection . . IL6 SEI IF shall use Its best efforts to maintaint Property In Its present condition so as to ensure that'll: shall remain substantially In the same condition from the conclusion the sl rt the Closing . IMENTIONALLY DELETED. representsJLLB SELLER that It has no actual knowledge nor has it received notice that the Property has been,is prose nfly or Is contemplatedui!ized as a reservoir of Hazardbus Material. As used herein,the term"HazardousI" shall mean any substance, water or material which has been determinedany state, federal or local government authority to be capable of posingrisk Injury to health,safety , Inducling but not limited to,all of thoseIs,wastes and substances hazardous ortoxic by the U.S. Environmental Protection Agency, the U.S. Department of Labor,the U.S.Department of Transportation, an r any other state or local governmental agency now or hereaftr authorized to reguhaft materials and substances In the environment (collectively " r I ut ( s)"). 11.9 SELLERthe Property is not subjectany dead restrictions or declaration of restrictionsrunning it the Property whichwould use of the Property exceptthoset Permitted ns as deflneclabwe. IL10 Between the Effective Date of this Agreement and the data of Closing, SELLER ill not file any application for a change of thezoning i# t' of the Property. M11 AMU The execution and deliveryh nt by SELLER and the consummation by SELLER of the transactioncontemplated this Agreementhi SELLEWS capackyn all requisite action has been taken to makethis Agreement valid and binding on SELLER in accordanceh Its terms.The person executing this Agreement an of SELLER has n duly authorizedn behalf of and to binds ,and this Agreement representsa valid binding ! of SELLER. ops ' initials,,—,Q, i i I :§ E �. Purchase and Sale Page 10 of 17 11.12 Mle. SELLER Is and will be on the Closingowner of valid, , marketable and Insurable simple title to the Property, free and clear of all liens, encumbrances and restrictions of anykind, except the Permitted Exceptions whichencumbrances of record ill be dischargedt Closing). IL13 Additional arrantkL;nd _ReRresentations-of SE131R, As a materfal Inducement Eentering Into this Agreement, SELLER, to the best of SELLEWS Informationand belief,hereby representsandwarrants the following: =13.1 Them are o pending applications, permits, petitions, contracts, approvals, or other proceedings with any governmental or quasi-governmental authority, including limited , PURCHASER, municipalities, counties, districts, utilities, r federal or state agendas, concerninguse or operation , or title to the Property or any portion thereof not grantedor Is not obligatedInterest in the Propertyto any of the foregoing . 11.23.2 am no facts believedI to the use, 'condition and operationh Property in the mannerthathas been usecloroperated, i i has not disclosedU I Including limited unrecorded instruments or defectsIn the f the Property whichill Impairthe use or operation of the Property f any manner. .3 The Property andthe use and operationthcompliance with ll applicable countyl laws,ordinances,regulations,licenses,permits n authorizations, in ui limitation, applicable zoningI n I laws and regulations. 12. . L PUBQd&SWs Default. In the event that tWs transaction fails to close due to a wrongful refusal to close r default on the PURCHASER,subject to the provisionsf Paragraph 12,3 below, the Depositl then being heldshall be paid bV Escrow Agent to SELLER liquidated s and,t r, i PURCHASER nor SELLER shall have any further obligation or liabilities n r this Agreement,except forthose expressly providedsurvive the termination of this Agreement,- , however, that PURCHASER shall also be responsibler the l of any lions assertedtte Property by persons claiming , through or under PURCHASER, but not otherwise. PURCHASER an SELLER acknowledge SER defaults, SELLER will suffer damages In an amount hick cannot be ascertainedh reasonable certaintyn the Effective Date and that the amount of the Deposit being held et most closely approximates the amount necessary to compensate SELLER. PURCHASER and SELLER agree that this Is a bona liquWated damages provision and not a penalty or forfeiture provision. oisw�a� PURCHASEWsInitialw , SE 's Initlels � Purchase and Sale Agreement Page 11 of 17 122. Seller's Default. In the event that SELLER shall fall to fully timely performany of its obligations or covenants hereunder or I any of SELLEW S representations untrue or Inaccurate, then, notwkhstanding anything trary contained In this Agreement, PURCHASER may, at Its option: (1) declare SELLER In u under this Agreement by notice I' to SELLER, In which event PURCHASER may terminate 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 specific performance of this Agreement without waiving any action for damages. Notice gf Rjftjft., Prior to declaring a dffkultnexercising the remedies in, the non-defoulting Partyshall Issue a notice of to the defaulting I the event or condition of default In sufficient detail to enablea reasonable n to determineion necessary to cure the default. The defaulting shall have tan ( ' days from deliverynotice duringthe default, , however,that as to a failureckne, the cure periodshall only be t ' ( )business the delivery of notice. Both partiles agree that N an extensionIs requestedas a result e u such extension shall not be unreasonablywithheld I t In no event shall the Closing er 31, 2021. if the default has not been cured within the aforesaid period, non-defoulting Party mayexercise the remedies described . Survival. The provisions of this section shall survive the termination this Agreement. considered13. II n l 1 In i ut shall be delivered ®hen received by certified mail, return receiptr personal de live ry to the following addresses: If to Seller Christian Macovlak Oyer-Macovlak Insurance 531 East Ocean Boynton Beach,FL 33435 With a copy to: Harvey E. Oyerill h n,LLP 525 Okeechobee I . Suite 1 West Palm Beach,FL 33401 If to Purchaser: Thuy Shutt,Executive Director Boynton Beach Community veld t Agency IM E.Ocean Avenue, h Floor Boynton ,FL t , 615"aza PURCHASEWs Initials: SELLEWs Initlals Purchase nd Sale Agreement Page 12 of 1 With a copy : Kenneth Longman a1 r, PA 360 S.Rosemary Avenue Suite West Palm Beach,Fl.33401 JA BINDING OBLIGATION/ASSIGNMENT. The terms andconditions of this Agreement hereby made bindingon, and shall Inure to the benefitso and permitted assigns of the Parties hereto. SELLER may not asswn Its Interest In is Agreement without the prior written consent of PURCHASEki ll not be unreasonably h . PURCHASER II have the right to assign this Agreement to the City of Boynton Beach (the "City") without the prior consent of SEU.ER andthe PURCHASER shall be releasedfrom any further It 1 liabilities r this Agreement. The PURCHASER may not assign this Agreement to any other party withoutprior written approval of SELLER, which shall not unreasonably ith I . If PURCHASER has been dissolved as an entity while this Agreement and/or the attached Lease AgreementIn effect,the to of section ),Florida Statutes,js it may be amendedtime i ,shall 15. BROKER FEES. The SELLER and PURCHASER hereby gets that they have not dealt with a l estate broker In connection with the tranrAcdon contemplatedi nt and are not liable r a sales commission.SELLER and PURCHASERr t I Indemnify, defend i each r from and againstn all claims, s. damages, costs or expenses (Including, u limitation, attorneys ) of any kind arisingu or resulting from any agreement,arrangement or understanding alleged to have been made with any broker or finder claiming through the Indemnifying party In connectbn with this Agreement. The provisionsthis Section shall survhm Closingr termination of this Agreement. 16. I TLC , IAL For purposes of thisAgreement, pollutant ("Poll ") shall mean anv hazardous or toxic substance, material, or waste of anykind or any contaminant, pollutant, petroleum, petroleum productor petroleum by-products defined or regulated environmental laws. Disposal ("Disposal") shall mean the release, , handlIng, discharge, or disposal of such Pollutants.Environmental lam(uEnvironmental ")shall mean any applicable federal, state, or local laws, statutes, ordinances, les, regulations or other governmental restftlonL 16.L1 As a material Inducement to PURCHASER entering Into this Agreement, SELLER hereby warrants and represents the following,asappIl ( SELLER and occupants obtained n In full compliance with anyand all permits regardings I I on theProperty or contiguousowned by SELLER,to the best of SELLER'S knowledge. ainorms PURCHASEWs Initials. SEUJEWs In Purchase and Sale t Page 13 of 7 (2) SELLER is not awarenor does It have any notice of any past,present orfuture e , iti itis or practices which may give rise to any liability r form a basisr any claim, demand, cost or action relatingi of anyPollutant on the SELLERnor does it have any notice of any past,presentorfuture n , conditions, i t practices an configuousproperlythati iv rise to any liability r forma basis for any claim, n r action relating to the Disposal o any PollutantaffectingtheSELLER'S property. ( ) There inocivil, criminal or administrative action, sult, claim, demand, investigation or notice of violation pending or, knowledge, threatened ais or the Property relatinganyway to the is I of Pollutantsonthe Pro perty, y portionth or an any contiguousn . . PUBLIC RECORDS. PURCHASER is a publicsubject r 119, Florida herebyStatutes. The SELLER Is notified that thel y bw, Pursuant Chapter 119,to maintainn is upon requestIt records deemed publicunder the statute Including this Agreement and some or all of the documentsconsummate the transaction set forth herein.To the extent that any litigation s I Instituted by SEUJM, either directly or as a thirdprevent or prohlbt Purchaser from disclosingr providing documents Involvingthis Agreement orthe transactiont in the Agreementu to a public u r Chapter 119,SELLER agrees that PURCHASERaye r: defendthe claim up to and Including final judgment or ' Interplead the challenged documentsInto the court. In either event, reasonable attorneye fees and costk rll and appellate. 18. LAISPII W. - I. This Agreement and any amendment hereto,may be executed in any number of counterparts, shall be deemed to be an original and all of which shall, together, constitute one andthe same Instrument. The section and paragraph headings herein contained are for the purposesWentlication only and shalln I construing n . Reference to a Sectionshall be deemed to be a referencethe entire ion, unless i . No modification or amendment of this Agreement shall be of anyr effect unlessin writing executedy the Parties. This Agreement forth the entire a n n the Parties relatingthe n all subject a r herein and supersedes all prior and contemporaneoustions, understandings written or orat between the Parties. This Agreement shall be interpreted to accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction ny litigation brought arising out of thisAgreement shall be In the Fifteenth Judicial Circuit, In and r Palm BeachCounty, Florida, or, should any cause of action be limited to federal jurisdiction only,In the Uniteds District Courtforthe Southerni I ri . 1 r herein time which n esu i ie shall n ®calendar days. Any timer for in this etmnx.s PURCHASM Initials. SELLER's Inttiais. Purchase and Sale Agreement Pop 24 of 7 Agreement which endson a Saturday,Sunday or legal holiday shall extend t ® . an the next full sine . Ti n In performance IIobligations r this Agreement. . . Waiver. Neither the Il Insist upon a strict performance of any of the terms, provisions, covenants, agreements andconditions hereof, nor the acceptance of any Item by a party withknowkWge of a breachof this Agreement by the other party In the performance of their respective o l i run r,shall be deemed a waiver of otherany rights or remedies that a party may have or a waiver of anysubsequent c r defaultIn such provisions, covenants, agreements or conditions. This shall survive to rmination of th Is Agreementthe Closing. 114, tonn . The Parties to thisAgreement, through counsel, have participatedin the negotiationn tion hereof. Neither this Agreement nor any amendmenthereto shall be more strictly construedit any of the Parties. As used In this or any amendmenth lin II Include the feminine, singular shall Inducle the plural, and the plural shall Include the singular,as the context may require. Provisions of this Agreement that expressly provide that they survive Closing shall not merge Into the Deed. S@veqbIIlty., If any provision of this Agreement or the applicationthereof shall, for any reason and to anye Invalid or ,neither the remainder of this Agreement r the applicationi t persons,entitiesr circumstances shall be affected thereby, butInstead shall be enforcedmaximum nt permitted by law.The provisions of this Sections all apply to anyt i t. 1 .6 Handwrttten Provisions. Handwritten provisions Inserted In this Agreement and initialed shall control al printedprovisions in conflict .7 MlyerofJupildiii. an Inducemeritto PURCHASER agreeingenter Into this Agreement PURCHASER and SELLER hereby waive trial by jury In any actionr proceedingu r party against to other party pertainingr whatsoever arising out of or In anyway wrinectedwiththis Agreement. 61torneys Do mad C Should it be necessary to bringan action enforce any of the provisions of this e a Ie attornew fees and costs,Including those at the appellatelevel,shall a the prevailingunlessotherwise provided In this Agreementn j limitation of sovereign Immunity as providedhi Section 768.2B, Florida Statutes. 119 lindillL Autor c represents andarra the other that each person executingt behalf of the PURCHASERn E has SELLER's Initials Purchase I t Pop 15 of 17 full right andI authority to executethis Agreement andi a for whom r an whose behalf he or she 1s signing h respect to all provisions containedIn this Agreement. rn . This Agreement may not be recorded in the Public Palm u ,Florida without the.prior approval of both parties. Survival. The covenants, warranties, re presentations, Indemnities n undertakings C and PURCHASER that specifically surviveaoslngset forth In this Agreement shall survive the Closing. 16,12 'SEILLERs Attomeye Fees and Cosb.SELLER acknowledges ands that SELLER shall be responsiblefor Its own attorneW fees and ag costs, If any,Incurred by SELLER in connection with the ion contemplated by this Agreement. 18.13 jMMMkMjMMUajgL NothingIn this Agreement shall be deemed to affect the rights, prtvleges, and sovereign Immunities of the PURCHASER, Including those set forth in Section Florida Statutes. 19. REPRESENTATIONS.,MV ENANTS AN D WA MANTLES OF PU RCHASER. To Induce SELLER to enter Into this Agreement, PURCHASER makes the followingrepresentations,all of which, to the best of its knowledge, II material respects andotherwise vl i this n (r) are now true, and (IQ shall be true as of the date of the Closing, (III) Il survive the Closing. 19.1 VgII& Created andinGood Standln ,. validly under all applicabLein good standing under II- applicable s of the Effective this Agreement, andill be in good standingunder all applicable state laws a of the Closing . 1 I n n i nRC AS and the consummation by PURCHASERof the transaction n l by this Agreement are withinPURCHASERS. lawful capacity and all requiske action has been taken to make this Agreement valid and bindingon PURCHASERIn Ith its terms.7he person executing PURCHASERthis Agreement on behalf of s been duly authorizedon behalf of and bind PURCHASER,andthis Agreement represents1 in i obligation Of PURCHASER. -I . -Is . n II faults. VBCIFICALLY SET FORTH HEREIN. IT IS UNDERSTOOD AND AGREED THAT PURCHASER IS KIRCHASING THE PROPERTY IN AN AS4S. , AND WITH WARRANTIES SET FORTH HEREIN, SELM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONSITION OF THE PROPERTY OR THE PROPERTY'S NTNESS FOR PURCHASER'S HfMDED USE. PURCHASER SHOULD RELAY ON ITS OWN INVESTIGATIONS AND DiSPECTIONS DURING THE FEASIBUITY PERIOD. ai Initials: I °�� f q_ i • • Purcluse and Salet Page 16 of 17 21. Over Insurance I g8ptq Sign on East Fap,de Wall 2f 2 1 Bulldipg. PURCHASER andn' l t the existingint ll sign on the east fop cle of the531 East OcianAvenue building l r over 60 years,is one of the is business Images In the Cilty of Boynton Beach, possesses historic and cultural 1 , and is one of the last remainingrepresentations of the Citys historic main street. such, PURCHASER agrees to uie Its bestI Il sign eitherI r to be relocated and utilized elsewhere In the vicinitythat the cost of the preservation and relocationefforts do not exceed a maximumof Twenty Thousandll . I the event that PURCHASER Is unable to preserve or relocate the wall sign as provided herein, PURCHASER II provide notice ,who shall sixty within which to relocate the sign at Its own n r contribute all additional funding r$20,0W to the CRA for the CRA to relocatethe sign. les adcnowledge and agree that the possibility ists that the sign could be 4amaged or destroyed duringI tl n. However, PURCHASER shall use Its best efforts, as provided herein, to preserve the wall sign ensureand that It remains visible li . IN WITNESSF, the Parties have executed i date. PURCHASEWslnitials.� '`111t1"fir SELLEWs Initials: Purchase and Sale Agreement Page 17 of 17 : COMMUNITYBOYNTON BEACH P REDEVEWPMENT AGENCY t pO �o `� p i t � � e r Printed n S.Grant Printed Name: , 61, Title: Chair Title: 14'LLL�'Qly �a t Date:,' te ,,,, 11 R�'`i�2� �5 r���k�r)- 3 � � Y Date: ti- WITWESS: WIT N7�- R 'g'o�-4?�`z s� r . Printed Prin d RO GENS 4 W gman &Wai# P.A. Printed Name: a F ar raw ' Initials: _. SELLEWs II ® ` y 4 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 508 E BBB, LLC (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 508 E. Boynton Beach Boulevard, City of Boynton Beach, in Palm Beach County, Florida (the "Properties") and more particularly described as follows: Lots 6 and 7, Block 1, ORIGINAL TOWN OF BOYNTON, according to the Plat thereof as recorded in the Plat Book 1, Page 23, Public Records of Palm Beach County, Florida. 2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property shall be Nine Hundred Fifteen Thousand and 00/100 Dollars ($915,000.00), payable in cash, by wire transfer of United States Dollars at the Closing. 3. DEPOSIT. 3.1. Earnest Money Deposit. Within five (5) Business Days after the execution of the Purchase Agreement by both parties, PURCHASER shall deliver to Lewis, Longman & Walker, PA ("Escrow Agent") a deposit in the amount of One Hundred Thousand and 00/100 Dollars ($100,000.00)the "Deposit"). 3.2. Applic_ation,lDisbursement of Deposit. The Deposit shall be applied and disbursed as follows: Providing this Agreement is not terminated by either party pursuant to the terms set forth herein, Fifty Thousand Dollars ($50,000.00) shall be released to SELLER sixty (60) days from the expiration of the Feasibility Period (hereinafter defined). The remaining Deposit shall be delivered to SELLER at Closing and the PURCHASER shall receive credit for the full Deposit ($100,000.00) 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 PURCHASER's Initials: SELLER's Initials: 00704498-1 Purchase and Sale Agreement Page 2 of 15 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. 3.3. Escrow Agent. PURCHASER and SELLER authorize Escrow Agent to receive, deposit and hold funds in escrow and, subject to clearance, disburse them upon proper authorization and in accordance with Florida law and the terms of this Agreement. The parties agree that Escrow Agent will not be liable to any person for misdelivery of escrowed items to PURCHASER and SELLER, unless the misdelivery is due to Escrow Agent's willful breach of this Agreement or gross negligence. If Escrow Agent interpleads the subject matter of the escrow, Escrow Agent will pay the filing fees and costs from the deposit and will recover reasonable attorney's fees and costs to be paid from the escrowed funds which are charged and awarded as court costs in favor of the prevailing party. All claims against Escrow Agent will be arbitrated, so long as Escrow Agent consents to arbitrate. 4. EFFECTIVE DATE. The date of this Agreement (the "Effective Date") shall be the date when the last one of the SELLER and PURCHASER has signed this Agreement. 5. CLOSING. The purchase and sale transaction contemplated herein shall close on or before November 11, 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. FEASIBILITY PERIOD. The PURCHASER, and its designees shall have twenty (20) days from the Effective Date of this Agreement ("Feasibility Period"), at PURCHASER's expense, to make inquiries to determine if the Property is suitable for its intended use and to enter upon the Property, at any time and from time to time with reasonable notice to SELLER and so long as said investigations do not result in a business interruption, to perform any and all physical tests, inspections, valuation appraisals and investigations of the Property, including but not limited to Phase I and Phase II investigations, which PURCHASER may deem necessary. During this Feasibility Period, PURCHASER may elect, in PURCHASER's sole and absolute discretion, to terminate this contract and receive back all deposits hereunder. If PURCHASER elects to PURCHASER's Initials: 6- SELLER's Initials: 00704498-1 __- Purchase and Sale Agreement Page 3 of 15 terminate this Agreement in accordance with this Section, PURCHASER shall: (i) leave the Property in substantially the condition existing on the Effective Date, subject to such disturbance as was reasonably necessary or convenient in the testing and investigation of the Property; (ii) to the extent practicable, shall repair and restore any damage caused to the Property by PURCHASER's testing and investigation; and (iii) release to SELLER, at no cost, all reports and other work generated as a result of the PURCHASER's testing and investigation. PURCHASER hereby agrees to indemnify and hold SELLER harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to PURCHASER (including, without limitation, any construction liens resulting therefrom) or for damage to persons or property (subject to the limitation on practicability provided above) arising out of PURCHASER's investigation of the Property. However, PURCHASER's indemnification obligations shall not exceed its statutory limits as provided within Section 768.28, Florida Statutes, and PURCHASER does not waive its sovereign immunity rights. SELLER hereby agrees to indemnify and hold PURCHASER harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to SELLER or for damage to persons or property (subject to the limitation on practicability provided above) arising out of PURCHASER's investigation of the Property. SELLERS' obligations under this Section shall survive the termination, expiration or Closing of this Agreement. 7.1. Title Review. Within twenty (20) days of the Effective Date, PURCHASER shall obtain, at the PURCHASER's expense, from a Title Company chosen by PURCHASER (hereinafter "Title Company"), a Title Commitment covering the Property and proposing to insure PURCHASER in the amount of the Purchase Price subject only to the Permitted Exceptions, together with complete and legible copies of all instruments identified as conditions or exceptions in Schedule B of the Title Commitment. Any and all assessments, outstanding utility charges, liens and other matters not constituting Permitted Exceptions shall be paid by Seller prior to or at closing from Seller's proceeds. PURCHASER shall examine the Title Commitment and deliver written notice to SELLER no later than thirty (30) days after the Effective Date notifying SELLER of any objections PURCHASER has to the condition of title (hereinafter "Title Objections"). If PURCHASER fails to deliver the Title Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If PURCHASER timely delivers the Title Objections, then SELLER shall have thirty (30) days to diligently and in good faith undertake all necessary activities to cure and remove the Title Objections (hereinafter "Cure Period"). In the event that SELLER is unable to cure and remove, or cause to be cured and removed, the Title Objections within the Cure Period, to the satisfaction of PURCHASER, then PURCHASER, in PURCHASER's sole and absolute discretion, shall have the option of (i) extending the Cure Period and the Closing for one additional thirty (30) day period, or (ii) accepting the title as it then is but using such portion of the Purchase Price as may be necessary to pay and satisfy any mortgages, outstanding utility charges, delinquent property taxes and/or code enforcement and PURCHASER's Initials: S136T— SELLER's Initials: 00704498-1 Purchase and Sale Agreement Page 4 of 15 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. 7.2. Survey Review. PURCHASER, at PURCHASER's expense, shall obtain a current boundary survey (the "Survey") of the Property, indicating the number of acres comprising the Property to the nearest 1/100th of an acre. If the Survey discloses encroachments on the Property or that improvements located thereon encroach on setback lines, easements, lands of others or violate any restrictions, covenants of this Agreement, or applicable governmental regulations, the same shall constitute a title defect and shall be governed by the provisions of Section 7.1 concerning title objections. 7.3. SELLER Deliveries. SELLER shall deliver to PURCHASER the following documents and instruments within ten (10) days of the Effective Date of this Agreement, except as specifically indicated: 7.3.1. Copies of any reports or studies (including engineering, environmental, soil borings, and other physical inspection reports), in SELLER's possession or control with respect to the physical condition or operation of the Property, if any. 7.3.2. Copies of all licenses, variances, waivers, permits (including but not limited to all surface water management permits, wetland resource permits, consumptive use permits and environmental resource permits), authorizations, and approvals required by law or by any governmental or private authority having jurisdiction over the Property, or any portion thereof (the "Governmental Approvals"), which are material to the use or operation of the Property, if any. 7.3.3. Prior to the Closing Date, SELLER shall execute and deliver to PURCHASER any and all documents and instruments required by PURCHASER, in PURCHASER's sole and absolute discretion, which: (i) effectuate the transfer to PURCHASER of those Governmental Approvals, or portions thereof which are applicable to the Property, that PURCHASER desires to have assigned to it, and/or (ii) cause the Property to be withdrawn from PURCHASER's Initials: 640 SELLER's Initials: 00704498-1 Purchase and Sale Agreement Page 5 of 15 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. CLOSINGDOCUMENTS. The PURCHASER shall prepare, or cause to be prepared, the Closing Documents set forth in this Section, except for documents prepared by the SELLER'S Title Company. At Closing, SELLER shall execute and deliver, or cause to be executed and delivered to PURCHASER the following documents and instruments: 9.1. Deed. A Warranty Deed (the "Deed") conveying to PURCHASER valid, good, marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances and other conditions of title other than the Permitted Exceptions. 9.2. Seller's Affidavits. SELLER shall furnish to PURCHASER an owner's affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against the Property under the applicable construction lien law; and that there are no parties in PURCHASER's Initials: SELLER's Initials: 00704496-1 Purchase and Sale Agreement Page 6 of 15 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 ratified and SELLER shall, at Closing, be charged an amount equal to the last estimate or assessment for the improvement by the public body. PURCHASER's Initials: J6/4— SELLER's Initials: 00704498-1 Purchase and Sale Agreement Page 7 of 15 10.4. Closing Costs. PURCHASER shall be responsible for recording the deed and half of all general closing expenses (settlement fee, courier fees, overnight package, etc.). SELLER is responsible for documentary stamps on the deed and half of all general closing expenses and their own legal fees. All other costs of closing shall be borne by PURCHASER. 10.5. Closin_g Procedure. PURCHASER shall fund the Purchase Price subject to the credits, offsets and prorations set forth herein. SELLER and PURCHASER (as applicable) shall execute and deliver to Closing Agent the Closing Documents. The Closing Agent shall, at Closing: (i) disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a "marked-up" Title Commitment to PURCHASER, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. 10.6. Existing Mortgages and Other Liens. At Closing, SELLER shall obtain, or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments applicable to and encumbering the Property. 11. REPRESENTATIONS COVENANTS AND WARRANTIES. To induce PURCHASER to enter into this Agreement, SELLER makes the following representations, all of which, to the best of its knowledge, in all material respects and except as otherwise provided in this Agreement (i) are now true, and (ii) shall be true as of the date of the Closing unless SELLER receives information to the contrary, and (iii) shall survive the Closing. In that event, PURCHASER shall be provided immediate notice as to the change to the following representations: 11.1. At all times from the Effective Date until prior to Closing, SELLER shall keep the Property (whether before or after the date of Closing) free and clear of any mechanic's or materialmen's liens for work or materials furnished to or contracted for, by or on behalf of SELLER prior to the Closing, and SELLER shall indemnify, defend and hold PURCHASER harmless from and against all expense and liability in connection therewith (including, without limitation, court costs and reasonable attorney's fees). 11.2. SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by any organization, person, individual or governmental agency which would affect (as to any threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use, occupancy or value of the Property or any part thereof or which would otherwise relate to the Property. 11.3. SELLER has full power and authority to enter into this Agreement and to assume and perform its obligations hereunder in this Agreement. SELLER does not and will not conflict with or result in the breach of any condition or provision, or constitute a default under, or result in the creation or imposition of any lien, charge, or encumbrance upon any of the Property PURCHASER's Initials: SELLER's Initials: 00704498-1 Purchase and Sale Agreement Page 8 of 15 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)"). PURCHASER's Initials: 5s6- SELLER's Initials: 0070981 Purchase and Sale Agreement Page 9of15 11.9. SELLER represents to PURCHASER that the Property is not subject to any deed restrictions or declaration of restrictions running with the Property which would affect the use of the Property except those constituting Permitted Exceptions as defined above. 11.10. Between the date of this Agreement and the date of closing, SELLER will not file any application for a change of the present zoning classification of the Property. 11.11. Authority. The execution and delivery of this Agreement by SELLER and the consummation by SELLER of the transaction contemplated by this Agreement are within SELLER'S capacity and all requisite action has been taken to make this Agreement valid and binding on SELLER in accordance with its terms. The person executing this Agreement on behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this Agreement represents a valid and binding obligation of SELLER. 11.12. Title. SELLER is and will be on the Closing Date, the owner of valid, good, marketable and insurable fee simple title to the Property, free and clear of all liens, encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances of record which will be discharged at Closing). 11.13. Additional Warranties and Representations of SELLER. As a material inducement to PURCHASER entering into this Agreement, SELLER, to the best of SELLER'S information and belief, hereby represents and warrants the following: 11.13.1. There are no pending applications, permits, petitions, contracts, approvals, or other proceedings with any governmental or quasi-governmental authority, including but not limited to, PURCHASER, municipalities, counties, districts, utilities, and/or federal or state agencies, concerning the use or operation of, or title to the Property or any portion thereof and SELLER has not granted or is not obligated to grant any interest in the Property to any of the foregoing entities. 11.13.2. There are no facts believed by SELLER to be material to the use, condition and operation of the Property in the manner that it has been used or operated, which it has not disclosed to PURCHASER herein, including but not limited to unrecorded instruments or defects in the condition of the Property which will impair the use or operation of the Property in any manner. 11.13.3. To the best of SELLER'S knowledge, the Property and the use and operation thereof are in compliance with all applicable county and governmental laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. PURCHASER's Initials: O&---, SELLER's Initials: OD704498-1 Purchase and Sale Agreement Page 10 of 15 12. DEFAULT. 12.1. PURCHASER's Default. In the event that this transaction fails to close due to a wrongful refusal to close or default on the part of PURCHASER, subject to the provisions of Paragraph 12.3 below, the Deposit actually then being held by the Escrow Agent shall be paid by Escrow Agent to SELLER as agreed liquidated damages and, thereafter, neither PURCHASER nor SELLER shall have any further obligation or liabilities under this Agreement, except for those expressly provided to survive the termination of this Agreement; provided, however, that PURCHASER shall also be responsible for the removal of any liens asserted against the Property by persons claiming by, through or under PURCHASER, but not otherwise. PURCHASER and SELLER acknowledge that if PURCHASER defaults, SELLER will suffer damages in an amount which cannot be ascertained with reasonable certainty on the Effective Date and that the amount of the Deposit being held by Escrow Agent most closely approximates the amount necessary to compensate SELLER. PURCHASER and SELLER agree that this is a bona fide liquidated damages provision and not a penalty or forfeiture provision. 12.2. Seller's Default. In the event that SELLER shall fail to fully and timely perform any of its obligations or covenants hereunder or if any of SELLER'S representations are untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement, PURCHASER may, at its option: (1) declare SELLER in default under this Agreement by notice delivered to SELLER, in which event PURCHASER may terminate this Agreement and demand that the Deposit be returned, including all interest thereon if any, in accordance with Section 3 and neither Party shall have any further rights hereunder, or (2) seek specific performance of this Agreement, without waiving any action for damages. 12.3. Notice of Default. Prior to declaring a default and exercising the remedies described herein, the non-defaulting Party shall issue a notice of default to the defaulting Party describing the event or condition of default in sufficient detail to enable a reasonable person to determine the action necessary to cure the default. The defaulting Party shall have fifteen (15) days from delivery of the notice during which to cure the default, provided, however, that as to a failure to close, the cure period shall only be three (3) business days from the delivery of notice. Both parties agree that if an extension is requested, such extension shall not be unreasonably withheld. If the default has not been cured within the aforesaid period,the non-defaulting Party may exercise the remedies described above. 12.4. Survival. The provisions of this section shall survive the termination of this Agreement. 13. NOTICES. All notices required in this Agreement must be in writing and shall be considered delivered when received by certified mail, return receipt requested, or personal delivery to the following addresses: PURCHASER's Initials. SELLER's Initials: 00704498-1 Purchase and Sale Agreement Page 11 of 15 If to Seller: Bradley Miller 508 E BBB, LLC 508 E. Boynton Beach Boulevard Boynton Beach, FL 33435 With a copy to: Alan J. Ciklin, Esq. CIKLIN LUBITZ Northbridge Tower I, 20th Floor 515 N. Flagler Drive West Palm Beach, FL 33401 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 PURCHASER's Initials-AMr-11 SELLER's Initials: 00704498-1 Purchase and Sale Agreement Page 12 of 15 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 such Pollutants. Environmental laws ("Environmental Laws") shall mean any applicable federal, state, or local laws, statutes, ordinances, rules, regulations or other governmental restrictions. 16.1.1 As a material inducement to PURCHASER entering into this Agreement, SELLER hereby warrants and represents the following, as applicable: (1) That SELLER and occupants of the Property have obtained and are in full compliance with any and all permits regarding the Disposal of Pollutants on the Property or contiguous property owned by SELLER, to the best of SELLER'S knowledge. (2) SELLER is not aware nor does it have any notice of any past, present or future events, conditions, activities or practices which may give rise to any liability or form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant on the Property. SELLER is not aware nor does it have any notice of any past, present or future events, conditions, activities or practices on contiguous property that is owned by SELLER which may give rise to any liability or form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant affecting the SELLER'S property. (3) There is no civil, criminal or administrative action, suit, claim, demand, investigation or notice of violation pending or, to the best of that entity's knowledge, threatened against SELLER or the Property relating in any way to the Disposal of Pollutants on the Property, any portion thereof, or on any contiguous property owned by SELLER. 17. PUBLIC RECORDS. PURCHASER is a public agency subject to Chapter 119, Florida Statutes. The SELLER is hereby notified that the PURCHASER is required by law, pursuant to Chapter 119, to maintain and disclose upon request all records deemed public under the statute including this Agreement and some or all of the documents necessary to consummate the transaction set forth herein. To the extent that any litigation should be instituted by SELLER, either directly or as a third party, to prevent or prohibit PURCHASER from disclosing or providing documents involving this Agreement or the transaction set forth in the Agreement pursuant to a public records request submitted under Chapter 119, SELLER agrees that PURCHASER may either: 1) defend the claim up to and including final judgment, or 2) interplead the challenged PURCHASER's Initial SELLER's Initials- 00704498-1 00704498-1 Purchase and Sale Agreement Page 13 of 15 documents into the court. In either event, SELLER agrees to pay PURCHASER'S reasonable attorneys'fees and costs, both trial and appellate. 18. MISCELLANEOUS. 18.1. General. This Agreement, and any amendment hereto, may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by the Parties. This Agreement sets forth the entire agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southern District of Florida. 18.2. Computation of Time. Any reference herein to time periods which are not measured in business days and which are less than six (6) days, shall exclude Saturdays, Sundays and legal holidays in the computation thereof. Any time period provided for in this Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the next full business day. Time is of the essence in the performance of all obligations under this Agreement. Time periods commencing with the Effective Date shall not include the Effective Date in the calculation thereof. 18.3. Waiver. Neither the failure of a party to insist upon a strict performance of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance of any item by a party with knowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights or remedies that a party may have or a waiver of any subsequent breach or default in any of such terms, provisions, covenants, agreements or conditions. This paragraph shall survive termination of this Agreement and the Closing. 18.4. Construction of Agreement. The Parties to this Agreement, through counsel, have participated freely in the negotiation and preparation hereof. Neither this Agreement nor any amendment hereto shall be more strictly construed against any of the Parties. As used in this Agreement, or any amendment hereto, the masculine shall include the feminine, the singular shall include the plural, and the plural shall include the singular, as the context may require. Provisions of this Agreement that expressly provide that they survive the PURCHASER's Initials: SELLER's Initial 007044984 Purchase and Sale Agreement Page 14 of 15 Closing shall not merge into the Deed. 18.5. Severability. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. The provisions of this Section shall apply to any amendment of this Agreement. 18.6. Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by PURCHASER and SELLER shall control all printed provisions in conflict therewith. 18.7. Waiver of Jury Trial. As an inducement to PURCHASER agreeing to enter into this Agreement, PURCHASER and SELLER hereby waive trial by jury in any action or proceeding brought by either party against the other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 18.8. Attorneys Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including those at the appellate level, shall be awarded to the prevailing party. 18.9. Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the PURCHASER and SELLER has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. 18.10. Recording. This Agreement may not be recorded in the Public Records of Palm Beach County, Florida without the prior approval of both parties. 18.11. Survival. The covenants, warranties, representations, indemnities and undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and recording of the SELLER'S Property Deed and PURCHASER's possession of the Property. 18.12. SELLER Attorneys' Fees and Costs. SELLER acknowledges and agrees that SELLER shall be responsible for its own attorneys' fees and all costs, if any, incurred by SELLER in connection with the transaction contemplated by this Agreement. 64r- PURCHASER's Initials. SELLER's Initials: 007044e8-1 Purchase and Sale Agreement Page 15 of 15 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. PURCHASER: SELLER: BOYNTON BEACH COMMUNITY REDEVELOP ENT EN Printed Name: Steven B. Grant Printed Name: azif Title: Chair Title: Date: r` 20 z Date: a WI , ESS: WITNESS: Vn Printed Name-jjj�a Printed Name: _ 1 Ap ror : Lewis, Longma & alker, P.A. Printed Na e: h Date: L � PURCHASER's Initials: SELLER's Initials: 00704498-1 APPRAISAL REPORT (APPRAISER FILE: 20-1928) g,_nk REDEVELOPMENT SITE THE BOARDWALK 209 N FEDERAL HWY BOYNTON BEACH, FLORIDA FOR BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BOYNTON BEACH, FL AS OF OCTOBER 26, 2020 APPRAISERS&CONSULTANTS AUCAMP S APPRAISERS&CONSULTANTS November 12, 2020 Mr. Michael Simon Director Boynton Beach Community Redevelopment Agency 100 E Ocean Ave Boynton Beach, FL 33435 RE: Appraisal of Real Property The Boardwalk 209 N Federal Hwy Boynton Beach, Florida 33435 (Appraiser File: 20-1928) 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 CRA in business-related decisions regarding this property, this appraisal provides an estimate of market value for the fee simple 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 northwest corner of N Federal Hwy and NE 1 st Ave within the municipality of Boynton Beach, Palm Beach County, Florida. The site consists of 14,336 square feet (SF), or 0.33 acres. In 1945, the subject was improved with a structure that has since been converted to a retail building containing 1,034 SF. The subject's quality of materials is rated as average; the improvements have been maintained in average condition. The subject is currently 100% occupied by a single tenant who operates an ice cream shop. The lease commenced on April 3, 2015, and the term of the lease is 5 years with 3% annual escalations. There is a one, five-year option to extend the lease, and the tenant is currently in the option period. However, the lease is not relevant for the subject valuation since a substitute premises clause allows the landlord to relocate the tenant to an alternative space nearby. Therefore, the fee simple interest is the relevant interest. igoo NW CORPORATE BOULEVARD, SUITE 215E, BOCA RATON, FLORIDA 33431 561-998-9326, FAX 561-241-4759 Mr. Michael Simon November 12, 2020 The gross rent from the current operation is $31,523 annually, or $30.49/SF. After deductions for operating expenses, the net operating income is around $15,000, or $14.50/SF. When capitalizing this income stream at a 6.5%, the result is a value of$230,000. Our estimate of land value is around $60/SF, or $860,000. The subject's land value has exceeded the value as improved. The existing improvements are only useful on an interim basis until the property can be redeveloped. 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. 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. After careful and thorough investigation and analysis, we estimate market value for the fee simple 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: EIGHT HUNDRED SIXTY THOUSAND DOLLARS ($860,000) Every attempt has been made to distinguish between tangible real property, tangible personal property, such as furniture, fixtures and equipment, and intangible property, such as assets and business value. This appraisal is limited to valuation of the tangible real property ("real property"). 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 Jonthan Whitney, MAI State-certified General Real Estate Appraiser RZ2943 jon(o-)-adw-appraisers.com AUCAMP, DELLENBACKI 3 File 20-1928 TABLE OF CONTENTS TABLE OF CONTENTS PART 1: INTRODUCTION 1 TITLE PAGE 1 LETTER OF TRANSMITTAL 2 TABLE OF CONTENTS 4 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS 5 LOCATION MAP 7 SUBJECT PHOTOGRAPHS 8 SCOPE OF WORK 14 PART 2: DESCRIPTIONS, ANALYSES, AND VALUE CONCLUSIONS 16 MUNICIPALITY 16 NEIGHBORHOOD 18 MARKET 22 SUBJECT PROPERTY 27 HIGHEST AND BEST USE 36 VALUATION PROCESS 37 SALES COMPARISON APPROACH 38 RECONCILIATION AND FINAL VALUE CONCLUSIONS 53 NORMAL MARKETING PERIOD AND REASONABLE EXPOSURE TIME 54 PART 3: ADDENDUM 55 CERTIFICATION 55 CONTINGENTAND LIMITING CONDITIONS 57 HYPOTHETICAL CONDITIONS AND EXTRAORDINARY ASSUMPTIONS 60 DEFINITIONS 61 AREA DESCRIPTION AND ANALYSIS 65 APPRAISER QUALIFICATIONS AND LICENSE 71 AUCAMP, DELLENBACKI 4 File 20-1928 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS REPORT TYPE Appraisal Report PROPERTY TYPE Redevelopment Site LOCATION 209 N Federal Hwy, Boynton Beach, Florida 33435 REPORT DATE November 12, 2020 VALUATION DATE October 26, 2020 INTENDED USER Boynton Beach CRA INTENDED USE To assist in business-related decisions regarding this property SITE 14,336 SF or 0.33 acres IMPROVEMENTS Retail building constructed in 1945 and containing 1,034 SF OCCUPANCY 100% by a tenant ZONING Central Business District (CBD) by the City of Boynton Beach CENSUS TRACT 61.00 FLOOD ZONE X & AE, flood insurance is typically required in Zone AE HIGHEST AND BEST USE As Vacant: Immediate development of an urban residential-focused mixed-use project in conjunction with surrounding parcels. As Improved: Interim use of existing improvements until the property can be assembled and redeveloped with an urban residential-focused mixed- use project. NORMAL MARKETING PERIOD Twelve months or less REASONABLE EXPOSURE TIME Twelve months or less ASSIGNMENT OVERVIEW The sales comparison approach provides the most useful indication of market value. AUCAMP, DELLENBACKI 5 File 20-1928 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS VALUE INDICATIONS ® . . Cost N/A N/A N/A Sales Comparison $860,000 $832 $60 Income Capitalization N/A N/A N/A Market Value Conclusion $860,000 $832 $60 AUCAMP, DELLENBACKI 6 File 20-1928 LOCATION MAP LOCATION MAP to s Lake 09acid Port St Lurie g- rn'. Okeechobee e Arcadia if as ..-. j `gk, Stuart ,y4 guckhoad RWp, .. r Llf IgIntor, 2 Lucre canof Hobe Sound R. 19H 1 T6✓ harlatrte 0w i4 "Loke Olerech kb r706 Jupiter 9s •rlotze Park .zQ ..._.. .,.. rAaBte " lrtm PelgBeach Aar! Moore Haven Pahckee r Gar�en5 Riviera Reath La Balks 4 so: - Clewiston �W4Q3 It balm teach' North Fort lv§yers Alva _. - Belle Glade �.ayal" SUBJECT ., ,'; (Ta raat Myers �t fi Lehigh Act., ka`Worth Cape Coral &� F Arthur fT RayneReach San Catros'P } 'ark t�laial{ 1. �.r,_ah�cdx e- �Delra Reach Sanibel7Ya,fea.,-ueir'"'M d,,AI: III' y c lrnrnokalee 7.. Rn '9prims (Rada Raton 1; BicCnljmss l.kt Deerfield Beach Coral Springs,, Pompano Beach Tamarac I s Bou"€terdale fakes ' � r = Naples ka 7 ut a "p9antatiom' Frt, uderdale ft 4:yprets 5hr'atnp Th P _ R E—ghdet Vdiudl ra Cooper City Davie��pamia 11+@ars,��crwnk kiss 21: HOII�rood` Marco � Mura`-mar Hallandale Reach �� mss h u w 9au Pres?nre i NorthMia€i'Reach �n .997 4 Carol' duty ts9 4��amn,araa�7 I �I Ireff (I Flialeah Tho-ond Wands - llrlia 'i.. Tati4ioani Cwa`e Tamaam93rad -, 'r ,Coral Gatk�ES k r 1Ken all eras Cutler Ridge BUCcryr{v I44� 8'0 ?629I .,_ [115Gu,yIT'c Nnaltleual Homestead P.ri tJ Cold sok" soon d, E Crlgl�des td�t'snal Pair: ..d rag(okcS'_li,r FL+.innLa,VQ Lrgp Nfatc,'k,4rtx Lake, Lake P19ya•o run Csa lake Key Larva❑ AUCAMP, DELLENBACK&WHITNEY 7 File 20-1928 SUBJECT PHOTOGRAPHS SUBJECT PHOTOGRAPHS - t , c�.,�tewJ•P -nint�s a ,� i����� 5; ra\l i r � u ,�t r � , t a � i �. 0,1 Bird's eye view of subject (outlined) facing subject's south elevation Y Facing subject from sidewalk along N Federal Hwy (south and east elevations shown) AUCAMP, DELLENBACKI 8 File 20-1928 SUBJECT PHOTOGRAPHS r, } �t - sn,t� t� r East and north elevations shown r 3 t Ctl ({7 I/ 0 1� f 1 v r IIS � a Facing north along N Federal Hwy with subject on the left AUCAMP, DELLENBACKI 9 File 20-1928 SUBJECT PHOTOGRAPHS f t t r i r > �1 A z 1 Facing west along NE 1St Ave with subject on the right r s= . �� C• I r I � ' 't Nn 6 6 Retail area AUCAMP, DELLENBACKI 10 File 20-1928 SUBJECT PHOTOGRAPHS } " t , t j { �Ilr �4i t {„ 4 Storage area t 44„ 1 4i Nk i 1 1, Preparation area AUCAMP, DELLENBACK&WHITNEY 11 File 20-1928 SUBJECT PHOTOGRAPHS £ }i� 1 Rear patio (west elevation shown) ,mms, ,4 s , " h a Mme.. 1£) r r � In Is f� Exterior seating area AUCAMP, DELLENBACKI 12 File 20-1928 SUBJECT PHOTOGRAPHS � �yPt syfrf�y` 1 It t i P}r Restroom AUCAMP, DELLENBACKI 13 File 20-1928 SCOPE OF WORK SCOPE OF WORK Appraisal Purpose: To estimate market value in "as is" condition Interest Appraised: Fee simple interest Client: Boynton Beach Community Redevelopment Agency Intended User: Boynton Beach CRA. No other party may use or rely on this report for any purpose. Intended Use: To assist in business-related decisions regarding this property Report Format: Appraisal Report Inspection Date: October 26, 2020 Effective Date: October 26, 2020 Report Date: November 12, 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 None Assumptions: Valuation Approaches: The sales comparison approach provides an estimate of market value based on an analysis of comparable property sales. Appraisers: Jonathan Whitney inspected the readily accessible areas of the subject site and improvements, performed the research and analysis, and wrote this report. Other: Prudent and competent management is assumed AUCAMP, DELLENBACKI 14 File 20-1928 SCOPE OF WORK Subject Property Name: The Boardwalk Address: 209 N Federal Hwy, Boynton Beach, Florida 33435 Location: The subject is located along the northwest corner of N Federal Hwy and NE 1 st Ave within the municipality of Boynton Beach, Palm Beach County, Florida Legal Description: The East Half of Lot 12, Lot 13 and Lot 14, Less the East 10 Feet Thereof, Block 1 Original Town of Boynton Beach, According to the Plat Thereof, Recorded in Plat Book 1, Page 23, of the Public Records of Palm Beach County, Florida (source: survey). Current Owner: 209 N FEDERAL 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 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 the client: • Lease, dated April 3, 2015 • Survey, dated February 4, 2014, by O'Brien, Suiter & O'Brien, Inc. Interviews: We interviewed Mike Ross, a representative of the property owner, regarding the subject property. 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 Types of Data: Land and improved sales and listings Geographic Area: Primary: Boynton Beach; secondary: Palm Beach County; tertiary: South Florida Verification: Sales were verified by a party to each transaction, unless otherwise noted AUCAMP, DELLENBACKI 15 File 20-1928 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 Hwy, 1-95 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 16 File 20-1928 MUNICIPALITY MUNICIPALITIES MAP r } r y�it i Iti�4 il� 1 �fJ, r£ �t3}(h�ktUSA i( S�}��lt��l4r t�ti Ott 1�f�1}t4�s I rt rel{�£!) �t£ ii a�11 Plilhl�; a �' � � � � til tvr�l) � � It it �11 ifi t if�i 11f t(It h£ I• '7r � I Zt�(�£m�ti '��stPfi}s�3tl�� ittiy ?iti ��ltp f 1 }z`sr r 7 t � �f�ti � �lnrinitu�p at�sf ti ! ltt 1 7 Isi fS�rf srta l'4�}11i li�, 1 � (�-yI i�t fdxo } }s � tt i� �3 ti >}t �f}S\ i s � i£li i i I��4t ¢i r�}t ii{ 7 (al ; s s2� ��� � 7 r � � s } � i 7t r i+ 1 £�f= �It 7� ii £Ji i � ��i t� teal i it i �rSs , �lsi�i £i� SUBJECT�� ,t�F£��} r +rilCtiE3T7 '18 IN .i "1r f t At titi>>l t{,P ) 1t t i furl Ur SII£rr � UUr si ��fir� �1}V� tt 7� a�'' r m f+v ; t � f i�,r}ll�t rrrr i£r�s�rt t1�t freezes � � � i � aSrn�. {srrrznJrisrltll'�r � j Pi! s� rid s�i� j�c31r t t it iii I s � �\2�V�r1 �� £it I �l�fr'aiisr-to it lf��a S Irrr s , i irlri I € ...........GoF€' '�.�i r} '4�-�flf is ; Itl+t }� , �UtI, r �ftl�i7R � std ria V}���'s# ,°>>�; s ?t i4`�'� rt���111r i1r?rrrs{ iiyyt7���S(.y4r£if t{�i qt;tfii�ll7islwlt t�ttP,� £trrS£"0` ° 11 V4}S1rttq it �94 yf£4r Vstir rf�AlA51��_S� r �' �� ri telt{{� t�l, ars f 1�� jlft �tit���4� ��! 1s tr+s zr11 ,i41si i { I art£ is {t ttn 1 R r c k 6 i Delray Beach I � - unrc«="�..d ,p �.rvron.nceu_ l Ar �nnw�w 'z s AUCAMP, DELLENBACKI 17 File 20-1928 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 Blvd 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 Blvd 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 Ave 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 Hwy 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 Hwy and E Ocean Ave. 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 Blvd 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 or vacant sites have been approved by local 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 13,810 residents, which is a rather dense area for largely suburban Palm Beach County. AUCAMP, DELLENBACKI 18 File 20-1928 NEIGHBORHOOD DEMOGRAPHICS AROUND SUBJECT Source:ESRI,2020 figures : • • M . • • , Population 13,810 81,780 187,439 77,123 1,471,269 21,587,015 Projected Ann. Rate ('20- '25) 2.23% 1.43% 1.22% 1.27% 1.08% 1.33% Median HH Income $49,500 $54,428 $56,846 $54,233 $63,026 $56,362 Households (HH) 5,666 35,214 80,593 32,834 599,076 8,438,100 Average HH Size 2.43 2.29 2.31 2.32 2.42 2.52 Median Age 43.3 44.5 47.3 44.2 45.9 42.5 Owner Occupied Units 42.9% 48.8% 55.4% 53.2% 59.1% 54.3% Median Home Value $247,533 $230,163 $255,200 $234,128 $303,461 $237,555 AUCAMP, DELLENBACKI 19 File 20-1928 NEIGHBORHOOD AREA MAP 'nmj r r t r w .,, I rs rnnr.,us. n pt. l� aGl� f 1 t . .�.,. MM:;Lm.K i9,1 z;tr t7 I I, l nwN 1 h AJ fir n t�sah i�kN a r=a+u�e ' 1, BMWs � V ��rt 05 SUBJECT „t ,94 h1 n lewf iru alta ui Mys ad8:a+_trwonRoaehF3lrri hr=Iron° Ci lih+7nis trlr� } i §OYM06�,[us:Fl f Iw�rt+ri,M 4 r Vt r t i i t ria atTu Ew.A><e 14 11 t a IJ It )i 1\Y ., f# 1FT ��� ss si4, t�S�tr(�r �{Fi�Eutrn Uri �ra�F �r � HMO'rt'ru ici€5. ..� r,.a_ rhi rtJaarar.�r;s 1�( ts iy ;li) w rryl"t it � r � r tiirrrrt ii�l ( ai 1,51 a« ., F rlt i !ter 1 Sig r r t �r H'ri ii ;�u rpt , - i I t Alztrat. hr r r :a,pot ,f -" � °'° .,.. 3ra�y`r°rvrr y U�il",,,�. &`� 10540 A r..M rl S�t tri lrli i to 7 i 1 Ha,ih,gl it pJ wam igrat its iu�� i.A pet's err � 4r�is �� �,. �l iago"' t t'r AUCAMP, DELLENBACK&WHITNEY 20 File 4201928 : • ' on Isle]t . ' rllrgage nrur, ' Man, pal . 1. y K -®dsCnteken f, § wx �'kko- e itCe Cr m r S 6 t - '^'Tw74 Gedr]14 4 - Y Serla f+aY[51111 Gm� ta Ctv nf GPE'a tir t rt Y�f is ni >� rA mak A. � �� `• Banana Boat s S�i BSc aohoose � � Hurr�cane:4ley 1� ! � 1 s�r�, � �t raxs��t C lclren imp ;hy;� a�, ,reYI' ta)d Q 1nic+G h story East t7 __" `` _ „i C fy9 h+4 S�t9f N d 6 b<tii( A ke t Usa A 7( 1 MOM • _ ,E t7cer�7 A Y k F Grr rf I +)51C{l fY9 6n tm�Y Y" ?� i �'�.- N Y•)i y�i1 I k eF,s+s a _ 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 22 File 20-1928 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 3,737 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 4,742 3,451 3,119 17771104 604 981 1399 1064 1333 1714 1687 1946 1658 1613 1771 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 31691 1,161 565 930 973 1,904 2,092 2,482 2,772 2,955 22,271 2,422 22,435 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 23 File 20-1928 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 published in Q3 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 5.00%. • 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 2.50% with an average of 1.15%. AUCAMP, DELLENBACKI 24 File 20-1928 MARKET The following chart provides rental rate as well as vacancy information within Palm Beach County as well as the Boynton Beach submarket (subject's submarket) as reported by the Q3 2020 Reinhold Wolff survey. The data indicate the vacancy rate within the subject's submarket is slightly higher and the rental rates are lower in comparison with the county as a whole; this report is summarized in the following chart: RENTAL APARTMENT MARKET Source:Reinhold Wolff Research(Q3 2020) Boynton Beach 3.6% 1 820 $1,500 $1.83 2 1,133 $1,733 $1.53 3 1,362 $2,084 $1.53 Palm Beach County 3.5% Efficiency 588 $1,724 $2.93 1 817 $1,671 $2.05 2 1,139 $1,908 $1.68 3 1,406 $2,346 $1.67 `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 25 File 20-1928 MARKET Strengths, Weaknesses, Opportunities, and Threats (SWOT) Strengths for the subject include aspects of its location and interim income. • Location: The subject has good visibility and frontage along an arterial road. The subject is located in a developing urban area experiencing revitalization and increases in resident population, which bodes well for property values as well as market interest in residential apartment rental units. The subject site involves close proximity to the ocean and public beaches. • Interim Income: The subject has some interim income utilizing its current improvements until the property can be assembled and redeveloped. Weaknesses for the subject include aspects of its location and building features. • 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. Opportunities for the subject include external factors such as market forces ■ Market Forces: Favorable market forces are apparent in the local residential rental market currently, which bode well for property prices and-or rents to outpace inflation. Finally, threats for the subject include external factors such as market forces. ■ Market forces: The residential market exhibits some risk as new product becomes available placing some downward pressure on rents or prices. However, the demand for units in South Florida is anticipated to outpace supply over the five years based on expected population growth. And, the real estate markets have not yet had time to fully react to the economic uncertainty related to the ongoing coronavirus pandemic Conclusion Overall, the subject has good desirability in the South Florida market. AUCAMP, DELLENBACKI 26 File 20-1928 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: Retail East: Vacant commercial, across N Federal Hwy West: Parking lot South: Religious facility, across NE 1St Ave Size: 14,336 SF or 0.33 acres (source: Palm Beach County Property Appraiser) Shape: Relatively square Frontage: Along the west side of N Federal Hwy, a four-lane, divided, public road (AADT: 23,000), as well as along the north side of NE 1 st Ave , a two-lane, undivided, public road Dimensions: 127' along N Federal Hwy, by 116' depth Corner: Unsignalized corner 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: The survey lists typical drainage and utility easements along the perimeter. We are not aware of any easements that present unusual or adverse development conditions for the subject. Encroachments: The survey does not list any encroachments. We are not aware of any encroachments that involve the subject. Census: 61.00 (source: United States Census Bureau) Flood Zone: X & AE, Community-Panel: 12099C0793F, dated October 5, 2017; flood insurance is typically required in zone AE (source: FEMA) AUCAMP, DELLENBACKI 27 File 20-1928 SUBJECT PROPERTY Zoning: Central Business District (CBD) by the City of Boynton Beach; 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 below underlying land use (80 units per acre, and up to 100 units per acre). The permitted uses include retail, multifamily, office, hotel, and civic uses at a maximum FAR of 4.0. The subject is located in a federally-designated Opportunity Zone. Various tax benefits and incentives exist for private investment in properties located in these zones. Since this is a very new program, any effect on market prices has yet to be fully understood. Future Land Use: Designated Mixed-Use High (MXH), which permits 150' in 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. The subject is registered as a store use by the County. The millage rate during 2020 is 21.3977. The subject's 2020 assessed value is less than the market value conclusion in this report. Taxes are now due. SUBJECT TAXES 08-43-45-28-03-001-0121 Land $358,375 $317,520 Improvements $72,290 $68,794 Market Value $430,665 $386,314 Assessment $398,750 $9,223 $362,500 $8,307 AUCAMP, DELLENBACKI 28 File 20-1928 SUBJECT PROPERTY Site Improvements Vehicular Access: Vehicular access along eastbound and westbound NE 1St Ave Paving: Gravel drive and parking area Parking: Approximately 9 unlined spaces for a ratio of 8.70 spaces per 1,000 SF of building area. Curbing: Concrete curbs along walkway perimeter Walkways: Concrete and wood Drainage: Positive drainage away from improvements Landscaping: Grass, shrubs, and trees Irrigation: Underground system Lighting: Building- and pole-mounted Street Right-of-Way: Asphalt paving, concrete sidewalks, concrete curbing, storm water catchment basins, overhead lighting, and landscaped, curbed median. There is no median break on N Federal Hwy benefitting the subject property. AUCAMP, DELLENBACKI 29 File 20-1928 SUBJECT PROPERTY Building Improvements In 1945, the subject was improved with a structure which was subsequently converted to a retail building containing 1,034 SF gross. The source for the building's size is the survey, verified for reasonableness with other sources. Building Shell and Exterior Features: Structure: Concrete masonry unit walls and steel joist roof system (assumed) Foundation: Monolithic slab or spread footings (assumed) Walls: Painted stucco with decorative moldings and bandings Story Height: One floor with an average story height of 11' 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 elevation Other: Covered entry Other: Metal-supported vinyl awnings along select elevations Interior Features: Flooring: Vinyl plank Walls: Painted drywall Trim/Baseboards: Wood Doors: Hollow core and solid core wood Ceilings: Painted drywall Clear height: Average ceiling height of 9' Lighting: Incandescent and fluorescent Restrooms: Two-fixture restrooms Fire Protection: Smoke alarms AUCAMP, DELLENBACKI 30 File 20-1928 SUBJECT PROPERTY Plumbing: Typical commercial kitchen plumbing; the kitchen equipment, cooler and a freezer are considered personal property HVAC: Package unit Electrical: Assumed adequate; the property is served by a single meter Analysis and Conclusions: The site plan consists of parking to the south of a single building on the northern portion of the site. The subject has an above average parking ratio for similar properties in the area. The property's floor-area-to-site-area ratio (FAR) is 0.07, which is a lower than typical ratio for similar properties in the area. Overall, the site improvements have good utility and do not display any significant functional obsolescence. The building improvements have a relatively simple architectural design and have average appeal in the local market. The improvements are configured for a single occupant. The floor plan consists of an open retail area, a restroom, as well as rear preparation and storage areas. The interior build-out is rather minimal and consists of generally average to good quality materials. The floor plan appears to have average to good functional utility. At inspection, 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 and the improvements have been maintained in average condition. The subject does not suffer from a prominent type of functional obsolescence. The property suffers from external obsolescence, as land prices have placed 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 Average Type in MVS. The remaining economic life is estimated to be less than five years. SUBJECT LIFE EXPECTANCY MVS Building Category Retail store MVS Building Class C MVS Building Type Average Year Built 1974 Actual Age 46 Effective Age 30 Total Useful Life 45 Remaining Useful Life 15 AUCAMP, DELLENBACKI 31 File 20-1928 SUBJECT PROPERTY ZONING MAP RT // x= z .. L N�l11�' fiT�-IyA�T E NWy 4'T H ANTE N SUBJECT cn � �` � Etl QCE1�N �. E AA 41 SE Z Ni Av Ey w i uMP" C1 Office Professional C2 Neighborhood Commercial C3 Community Commercial G4 General Commercial CBD Central Buisness District PCD Planned Commercial Development M1 Light Industrial FID Planned Industrial Development SMU Suburban Mixed Use,20 du/ac MU-1 Mixed Use 1,20 du/ac MU-2 Mixed Use 2,40 du/ac MU-3 Mixed Use 3,50 du/ac MU-4 Mixed Use 4,60 du/ac MU-C Mixed Use Core,80 du/ac REC Recreation PU Public Usage AUCAMP, DELLENBACKI 32 File 20-1928 SUBJECT PROPERTY FUTURE LAND USE MAP A }••r i' SUBJECT s NUN Future Land Use Classification FLi.!_Desc3 LOW DENSITY RESIDENTIAL(LDR);7.5 D.UJAcre MEDIUM DENSITY RESIDENTIAL(MEDR)j 11 D.UAcre HIGH DENSITY RESIDENTIAL(HDR);95 D.UJJAcre SPECIAL HIGH DENSITY RESIDENTIAL(SHDR);20 D.UJAcTe OFFICE COMMERCIAL(OC) LOCAL RETAIL COMMERCIAL(LRC) GENERAL COMMERCIAL(GC) § �s IN DUSTRLAL(1) RECREATIONAL(R) PUBLIC&PRIVATE GOVERN MENTALANSTITUTIONAL(PPGD MIXED USE LOW(MXL)j 20 D UJAere MIXED USE MEDIUM(MXM)50 D.UJ...1;Acre MIXED USE HIGH(MXH),84 D UJ'JAcm DEVELOPMENT OF REGIONAL IMPACT(DRI) CONSERVATION(CDN)... .,., CONSERVATION OVERLA4Y(CfO)... AUCAMP, DELLENBACKI 33 File 20-1928 SUBJECT PROPERTY AERIAL PARCEL MAP Subject is outlined in red �}\ ,.�? ��} ,i}11�i ft���Ittl�rr}�s+,,�;�• t}S�t�1?t�}J r�a'�t},�'r rJt12�,� }ss 4, rt,j}}��1 t��, �t f �r I����`t,��t i � , `, � is i' sfl •ir i }ti�9# �s , W d�t � as r �0� - i q',tl � C s ( { (t+ � ttlt t�•.i'tll{ ,+#,:_f j��� �i `+ S{h� ���#��' i1 1 LU i Li „ (' , a=" Cv, AUCAMP, DELLENBACKI 34 File 20-1928 SUBJECT PROPERTY SURVEY AL TAIACSM SL,RV EY I m� A w 1 � sUo a�acK r a�ocx r 9 i I I T _I MAP OF ROLMARY SURVEY i� I O'awN,5UT&OB Em me � ,M,er.r8�F.4A6'��R..nmz ®rnxaomeeer w,m.�awerc 41- AUCAMP, DELLENBACKI 35 File 20-1928 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. Based on its physical attributes, the subject site is well suited for a variety of uses. Concerning legally permissible uses, the subject site is zoned for intensive mixed-use improvements. For financial feasibility, several new residential-focused projects are in various forms of the development cycle in comparable locations in the South Florida market, indicating financial feasibility. A high-level estimate of construction costs, rental income and operating expenses support that a residential-focused mixed-use project is financially feasible and maximally productive for the area. Most similar properties to the subject are assembled with surrounding uses to maximize the development potential afforded in the zoning code. The highest and best use as vacant is for immediate development of an urban residential-focused mixed-use project, involving assemblage with adjacent uses in order to maximize the development potential. The subject site has been improved with a retail use which does not maximize the development potential of the site. And, when capitalizing the current income stream, the value is substantially less than land prices for similar sites, which are +/- $60/SF. Thus, the subject land value has exceeded the value as improved. Therefore, the existing improvements do not contribute to overall property value and are useful only on an interim basis. The highest and best use as improved is for interim use of the existing improvements until the property can be assembled and redeveloped with an urban residential-focused mixed-use project. The most probable purchaser of the subject is an owner user or developer, based on sales of similar property. AUCAMP, DELLENBACKI 36 File 20-1928 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. The existing improvements are an under-improvement of the site and it would be inappropriate to capitalize this income stream in perpetuity. And, land is not typically leased in this market. This approach is not typical or necessary in order to provide credible assignment results for similar property. The final step in the valuation process is reconciliation of the value indications into a single final value by analyzing the appropriateness, accuracy and quantity of evidence in the sales comparison approach. AUCAMP, DELLENBACKI 37 File 20-1928 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. A search of the local 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 land. The comparables have an unadjusted price range of$53.24 to $64.74/SF of land. Comparable listings were also considered in this analysis. SUMMARY OF COMPARABLES The Boardwalk,209 N Federal Hwy,Boynton Beach,Florida(20-1928) ADW Property ID 12109 12119 10767 12177 12118 9643 Property Name The East Boynton Gracey Site Downtown Site Weiss Chapel Fmr Church Site Boardwalk Site Site Address 209 N Federal 401 E Boynton 219 W Boynton 126 W Boynton 202 E Boynton 115 N Federal Hwy Beach Blvd Beach Blvd Beach Blvd Beach Blvd Hwy City Boynton Beach Boynton Beach Boynton Beach Boynton Beach Boynton Beach Boynton Beach Sale: Sale Price N/A $917,000 $400,000 $750,000 $835,000 $3,000,000 Sale Status In-Contract Closed Closed Closed Closed Marketing Period N/A 0 months 0 months 5 months 0 months Date of Sale N/A Dec-19 Mar-19 Dec-18 May-18 Price/SF Bldg N/A $169.94 $375.59 $868.06 $278.33 $219.56 Price/SF of Land N/A $54.94 $53.24 $55.31 $64.74 $53.39 Property. Property Type Land Land Land Land Land/ Retail Land Site Size Acres 0.33 0.38 0.17 0.31 0.30 1.29 Site Size SF 14,336 16,692 7,513 13,560 12,898 56,192 Zoning CBD C-3 C-2 C-2 C-3 CBD Land Use MU High MU High MU Low MU Med MU Med MU High Height Limit 150' 150' 45' 75' 75' 150' Density Limit/Acre 80 80 20 50 50 80 Surface Old Retail Old Retail Old SFR Old Retail Old Retail Old Church Bldg SF 1,034 5,396 1,065 864 3,000 13,664 FAR 0.07 0.32 0.14 0.06 0.23 0.24 Approvals None None None None None None AUCAMP, DELLENBACKI 38 File 20-1928 SALES COMPARISON APPROACH MAP OF COMPARABLE PROPERTIES Boynton,Beach a �'Jv .t .�rtg s, YP 2 , u. „rs, Fish Depot Marl i n t atho Kbit Jr 81vd 19, Suri Lrek Beach Ho Use r i N tr�,fi , le !K,AvF , Ocean Ridge { umuu pari, 41 The a h `cr,p ti1� i( Land dale, F and Sade No. I Subject PrGpeftv TNic Wm al Ct11 er1v mudtic"wn & r�� ri Bea h � p � d�r�l=r ols�u, Bovnto�d eac W� � r F da r ii�f Ci Library eau Land Sale Sale o. 3 E i A tt — ,.. Land ;safe,No. 4 � � ? _a Boynton ,�rirTterlls +- �� Oc8,an Ridje, T, qh A,, r�i� rt .. u Yx a- e ' r -r ti Forest Park, � Elememtar , A.o 3> I 7,Ihb ' The Fic-xrll�',�.@�'°� of 61CIe C�rYpr7C�rd AUCAMP, DELLENBACK&WHITNEY 39 File 20-1928 SALES COMPARISON APPROACH COMPARABLE 1 b� �ty { General Data Property Name: East Boynton Site Property Type: Land Address: 401 E Boynton Beach Blvd, Boynton Beach, Florida 33435 County: Palm Beach Parcel ID: 08-43-45-21-18-000-0060, etc. Legal Description: ARDEN PARK ADD LT 6/LESS S 17.6 FT SR 804/, etc. Site Data Site Size: 0.38 acres or 16,692 SF Zoning: C-3 Land Use Plan: Local Retail Commercial Surface: Old bldgs Site Plan Approval: No Approvals: None Utilities: In-place Site Comments: Site consists of three adjacent parcels with frontage and visibility along E Boynton Beach Blvd. Sale Data Sale Status: In-Contract Price: $917,000 Price/SF of Land: $54.94 Grantor: POWER LIFTS LLC Grantee: Confidential Property Rights: Fee Simple AUCAMP, DELLENBACKI 40 File 20-1928 SALES COMPARISON APPROACH Marketing Period: N/A Prior Transactions: None in the prior three years Verification Source: Confidential contract, Jonathan Whitney, November 2020 (20-1928) Sale Remarks: Purchase price was determined by an appraisal. Some interim income exists from the current tenants. However, the property is expected to be assembled and redeveloped. The current improvements consist of two small retail stores totaling 5,396 SF. Provision in city's code for change in land use allowing up to 80 units per acre and CRA's zoning recommendation is 80 units per acre and maximum height of 150'. AUCAMP, DELLENBACKI 41 File 20-1928 SALES COMPARISON APPROACH COMPARABLE 2 i 'r �a ray I General Data Property Name: Gracey Site Property Type: Land Address: 219 W Boynton Beach Blvd, Boynton Beach, Florida 33435 County: Palm Beach Parcel ID: 08-43-45-21-07-001-1120 Legal Description: BOYNTON HILLS LT 112 & E 25 FT OF LT 113/LESS S 10 FT SR 804/ BILK A Site Data Site Size: 0.17 acres or 7,513 SF Zoning: C2 Land Use Plan: LRC Surface: Old SFR Site Plan Approval: No Approvals: None Utilities: To site Site Comments: Located in developing downtown Boynton Beach Sale Data Sale Status: Closed Price: $400,000 Price/SF of Land: $53.24 Sale Date: December 2019 O.R. Book-Page: 31124-01508 Grantor: MOLINA FAMILY TRUST Grantee: GRACEY PROPERTIES LLC Property Rights: Fee simple AUCAMP, DELLENBACKI 42 File 20-1928 SALES COMPARISON APPROACH Financing: Cash Marketing Period: 0 months Prior Transactions: None in previous three years Verification Source: Confidential, Jonathan Whitney, February 2020 (20-0062) Sale Remarks: Not listed on the open market, but believed to be a market-driven transaction. Site improved with an older singe-family home containing 1,065 SF built in 1945. Property will be rented in the interim and likely assembled and redeveloped in the longer term. Provision in city's code for change in land use allowing up to 20 units per acre and CRA's zoning recommendation is MU-1 for 20 units per acre and maximum height of 45'. Buyer has since assembled some surrounding sites and has the entire assemblage containing 1.06 acres listed at$41/SF land. AUCAMP, DELLENBACKI 43 File 20-1928 SALES COMPARISON APPROACH COMPARABLE 3 f I , General Data Property Name: Downtown Site Property Type: Land Address: 126 W Boynton Beach Blvd, Boynton Beach, Florida 33435 County: Palm Beach Parcel ID: 08-43-45-28-10-004-0050 Legal Description: BOYNTON HEIGHTS ADD REV PLAT LOTS 5 TO 8 INC/LESS NLY 10 FT SR 804/BILK 4 Site Data Site Size: 0.31 acres or 13,560 SF Zoning: C-2 Land Use Plan: LRC Surface: Old Bldg Site Plan Approval: No Approvals: None Utilities: To site Site Comments: Located in developing downtown Boynton Beach. Sale Data Sale Status: Closed Price: $750,000 Price/SF of Land: $55.31 Sale Date: March 2019 O.R. Book-Page: 30470-1140 Grantor: BEERCADE LLC Grantee: JWS INVESTMENTS LLC AUCAMP, DELLENBACKI 44 File 20-1928 SALES COMPARISON APPROACH Property Rights: Fee simple Financing: 86% LTV via private lender Marketing Period: 0 months Prior Transactions: Sold for$380,000 in July 2017 Verification Source: Public Records &CoStar, Jonathan Whitney, July 2019 (20-1928) Sale Remarks: Not listed on the open market. Unable to confirm the sale with a party to the transaction, but all appearances point to an arm's length transaction. Retail building built in 1970 containing 864 SF does not significantly contribute to value but may be used in the interim until property is redeveloped (which is its highest and best use). Provision in city's code for change in land use allowing up to 50 units per acre and CRA's zoning recommendation is MU-2 or MU-3 for 40 to 50 units per acre and maximum height of 75'. AUCAMP, DELLENBACKI 45 File 20-1928 SALES COMPARISON APPROACH COMPARABLE 4 ssr�, t r ti General Data Property Name: Weiss Chapel Site Property Type: Land Address: 202 E Boynton Beach Blvd, Boynton Beach, Florida 33435 County: Palm Beach Parcel ID: 08-43-45-28-03-003-0091 Site Data Site Size: 0.30 acres or 12,898 SF Zoning: C3 Site Comments: This is adjacent to the new Town Square Sale Data Sale Status: Closed Price: $835,000 Price/SF of Land: $64.74 Sale Date: December 2018 O.R. Book-Page: 30337/00731 Grantor: Gloria Weiss Realty LLC Grantee: 202 E Boynton Bch Blvd LLC Property Rights: Fee simple Financing: None recorded Marketing Period: 5 months Prior Transactions: None in the prior three years Verification Source: Gloria Weiss, Rep of Seller, 561-483-9835, Zach Weygandt, February 2019 (19-0203) AUCAMP, DELLENBACKI 46 File 20-1928 SALES COMPARISON APPROACH Sale Remarks: Seller was an owner user funeral home that vacated at sale. Seller believes her contract was flipped to the recorded buyer for an additional price above $835,000, but this could not be confirmed. Seller believed improvements (approx. 3,000 SF)were going to be used, but modified for a medical-related use. Was under contract for seven months. While zoned C3, property could be rezoned for mixed-uses per the CRA's recommendation of a land use of MU medium (40 units per acre), and a zoning district of MU-2 or MU-3 for 40 to 50 units per acre and height of 75'. Highest and best use is interim use with the existing improvements until the property can be assembled and redevelopment. AUCAMP, DELLENBACKI 47 File 20-1928 SALES COMPARISON APPROACH COMPARABLE 5 { a , z I General Data Property Name: Fmr Congregational United Church Site Property Type: Land Address: 115 N Federal Hwy, Boynton Beach, Florida 33435 County: Palm Beach Parcel ID: 08-43-45-28-03-006-0010; 08-43-45-28-03-001-0100 Legal Description: Lots 1 -7, Block 6, Original Town of Boynton Site Data Site Size: 1.29 acres or 56,192 SF Zoning: CBD Land Use Plan: MXH Surface: Old church Approvals: None Utilities: To site Site Comments: Two parcels separated by a public road one with frontage along N Federal Hwy Sale Data Sale Status: Closed Price: $3,000,000 Price/SF of Land: $53.39 Sale Date: May 2018 O.R. Book-Page: 29857/00580 Grantor: Boynton Beach Congregational United Church of Christ Grantee: Boynton Beach Community Redevelopment Agency AUCAMP, DELLENBACKI 48 File 20-1928 SALES COMPARISON APPROACH Property Rights: Fee simple Financing: N/A Marketing Period: 0 months Prior Transactions: None in the prior three years Verification Source: Confidential, Jonathan Whitney, February 2019 (19-0203) Sale Remarks: Market-driven price paid for property, though it was an off-market transaction. Former religious facility containing 13,664 SF built in 1953 that that will be used as a library while the City's municipal project, Town Square, is being redeveloped nearby. Price per SF of building is $220/SF. Long-term plans are for redevelopment; land use permits 80 units per acre and CRA's zoning recommendation is MU-Core for 80 units per acre (up to 100 units with workforce housing) and maximum height of 150'. AUCAMP, DELLENBACKI 49 File 20-1928 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. No differences are noted. 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 5% to account for improving market conditions. However, 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. This feature also incorporates the zoning and development potential. Several of the sales have slightly inferior locations and-or development potential than the subject. Several sales are adjusted upward between 5% and 15%. 7. Physical Characteristics. Differences in prices are evident for a couple of considerations. Site Size: Typically, prices per square foot have an inverse relationship to site size. As site size increases, price per square foot generally decreases, based in part on economies of scale. Comparable 5 is adjusted upward 10%. AUCAMP, DELLENBACKI 50 File 20-1928 SALES COMPARISON APPROACH Surface: All of the comparables have the same highest and best use of interim use with existing improvements until redevelopment, likely involving assemblage with surrounding uses. Now, we are adjusting the comparables to the subject in its "as is" condition, which involves an older, smaller leased building which does not significantly contribute to value (the land value estimate in the highest and best use indicates land value is between $55 and $60/SF for the subject). The subject has an older building which is useful on an interim basis, similar to several of the comparables sales. Two sales involve much larger buildings on their respective sites and can produce more income until the properties can be redeveloped. No adjustment will be applied under this adjustment since we are electing to adjust under economic characteristics for this feature. 8. Economic Characteristics. As mentioned above, some differences were noted for surface and associated interim income and-or owner utility until redevelopment. • Comparable 1 has an older building in fair condition which also does not significantly contribute to value. However, since the building is larger than the subject, more income will be realized than the subject over the interim period. In order to recognize this feature, this comparable is adjusted downward 5%. • Comparable 4 has an older building in relatively good condition and this building slightly contributes to value. And, since the building is larger than the subject, more income will be realized than the subject over the interim period. In order to recognize this feature, this comparable is adjusted downward 10%. • Comparable 5 has an older building in relatively fair condition which also does not significantly contribute to value. However, since the building is larger than the subject, more owner utility will be realized than the subject over the interim period. In order to recognize this feature, this comparable is adjusted downward 5%. 9. Use. Some differences are noted, but these differences were accounted for in the economic adjustment. 10. Non-realty Components of Sale. No differences are noted. The comparables have an adjusted price range of$54.94 to $61.50/SF land with a mean of $59.47/SF of land. Most of the adjustments are relatively minor. Rounding the mean to $60/SF of land appears to be a reasonable value conclusion. We also search the market for comparable listings with similar criteria as the comparable sales. Discussion with brokers for these listing as well as other market participants confirmed the reasonableness of this value conclusion for the subject and the market expectations. The subject has 14,336 SF, so this value conclusion computes to $860,000. When applying this value to the size of the building, it represents $831/SF of building. The subject's FAR (Floor Area Ratio) is 0.07 and the sale with the most similar FAR is Comparable 3 at 0.06, which has a price per building of$868/SF of building. Thus, our value appears reasonable on a price per square foot of building basis. Therefore, we conclude the value of the subject in "as is" condition, via the sales comparison approach, is $860,000. AUCAMP, DELLENBACKI 51 File 20-1928 SALES COMPARISON APPROACH ADJUSTMENTS TO COMPARABLES The Boardwalk,209 N Federal Hwy,Boynton Beach,Florida(20-1928) Property The East Boynton Gracey Site Downtown Weiss Chapel Fmr Church Boardwalk Site Site Site Site Surface Old Retail Old Retail Old SFR Old Retail Old Retail Old Church Bldg Size 1,034 5,396 1,065 864 3,000 13,664 Site Size Acres 0.33 0.38 0.17 0.31 0.30 1.29 Site Size(SF) 14,336 16,692 7,513 13,560 12,898 56,192 Land Use MU High MU High MU Low MU Med MU Med MU High Height Limit 150' 150' 45' 75' 75' 150' Density Limit/Acre 80 80 20 50 50 80 Sale Status In-Contract Closed Closed Closed Closed Sale Date N/A Dec-19 Mar-19 Dec-18 May-18 Unadjusted Price/SF N/A $54.94 $53.24 $55.31 $64.74 $53.39 Transactional Ad!s Market Conditions SIMILAR SIMILAR SIMILAR SIMILAR INFERIOR Adjustment 0% 0% 0% 0% 5% Adjusted Price/SF $55 $53 $55 $65 $56 Property Adls: Location/ Frontage INFERIOR INFERIOR INFERIOR INFERIOR SIMILAR Adjustment 5% 15% 10% 5% 0% Size SIMILAR SIMILAR SIMILAR SIMILAR LARGER Adjustment 0% 0% 0% 0% 10% Surface/ Economics SUPERIOR SIMILAR SIMILAR SUPERIOR SUPERIOR Adjustment -5% 0% 0% -10% -5% Net Adjustment 0% 15% 10% -5% 5% Adjusted Price/SF $54.94 $61.23 $60.84 $61.50 $58.86 Gross Adjustment 10% 15% 10% 15% 20% AUCAMP, DELLENBACKI 52 File 20-1928 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 N/A Sales Comparison $860,000 $832 $60 Income Capitalization N/A N/A N/A Market Value Conclusion $860,000 $832 $60 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 sales comparison approach provides nearby sales, and all have the same highest and best use as the subject, which is interim use of the existing improvements until the property can be redeveloped. After careful and thorough investigation and analysis, we estimate market value for the fee simple 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: EIGHT HUNDRED SIXTY THOUSAND DOLLARS ($860,000) AUCAMP, DELLENBACKI 53 File 20-1928 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 one of the comparable sales in the sales comparison approach was less than 12 months; the marketing periods for the remaining sales were not available. Most current listings with marketing periods exceeding 12 months have listing prices much higher than market prices. Market participants report relatively good demand for similar properties 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 12 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 12 months or less based on the same market data. AUCAMP, DELLENBACKI 54 File 20-1928 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 made a personal, visual inspection of the readily accessible areas of the property that is the subject of this appraisal. ■ No one else provided significant real property appraisal or appraisal consulting assistance to the person signing this certification. ■ As of the date of this report, I have completed the continuing education program of the State of Florida. AUCAMP, DELLENBACKI 55 File 20-1928 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 12, 2020 Jon/'�h_a_n Whitney, MAI State-certified General Real Estate Appraiser RZ2943 AUCAMP, DELLENBACKI 56 File 20-1928 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 57 File 20-1928 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 58 File 20-1928 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 59 File 20-1928 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: None AUCAMP, DELLENBACKI 60 File 20-1928 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 61 File 20-1928 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 62 File 20-1928 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 63 File 20-1928 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 64 File 20-1928 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 65 File 20-1928 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 66 File 20-1928 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. Housin 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 67 File 20-1928 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 68 File 20-1928 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) Manufacturling 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 1U-9 Average household size 165 Financial Actvitos 39-8 Finance and insurance 237 Economic [2016ACS) Professional and Business Services 1,10-0 County Average'Nage(201a) $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 69 File#20-1928 AREA DESCRIPTION AND ANALYSIS I IBM" i 41 F3eACa � z , FA .. 63u'm Ai} 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 1728.225 728,075 726,1423 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 70 File 20-1928 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 ion(a-)adw-appraisers.com 561-609-2884 s 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 71 File 20-1928 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 72 File 20-1928 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 bIa dpi STATE OF FLORIDA DEPARTMENT OF BUSINESS Al U PROFESSIONAL REGULATION FL0RIC?�A R�� I Il�"I�TE API�F U 1SAL BD lk THE CERTIEVED G ��AI{FI`}a�� '1� (EIED UNDER THE F ICt� �T r t PRC3VI �If4Fl� IAt (((���°°"��475F31 � �`STATUTES Itt a � % �f 1 H■tTI tt�r t ll S�r�F S t SS 7 rf�il 1 � S F ' { .t 040tt Y f V � EXPIRATIC N"DA1F .UEIvt !R 30,20120 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 73 File 20-1928 CONFIRMATORY GROUNDWATER SAMPLING REPORT OF CRA PROPERTY VICINITY OF 115 NORTH FEDERAL HIGHWAY BOYNTON BEACH, PALM BEACH COUNTY, FL 33435 PCN #:s 08-43-45-28-03-006-0010, 08-43-45-28-03-001-0080 AND 08-43-45-28-03-001-0100 FOR BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY 710 NORTH FEDERAL HIGHWAY BOYNTON BEACH, FL 33435 PREPARED BY NUTTING ENVIRONMENTAL OF FLORIDA, INC. 1310 NEPTUNE DRIVE BOYNTON BEACH, FL 33426 SEPTEMBER 16, 2021 �I I fh0ranm,enr at Property Assessmenrs Contamination Assessments •Environmental Property Assessments •Contamination Assessments •Remediation •Monitoring wells •IAQ t Mold Evaluation NUTTINr. ENviRONMENTAL OF FLORIDA, INr,.., Yourr Projsst Is Our commbrant September 16, 2021 Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, FL 33435 Attn: Ms. Theresa Utterback Re: Confirmatory Groundwater Sampling Report CRA Properties Vicinity of 115 North Federal Highway Boynton Beach, Palm Beach County, FL 33435 PCN#s: 08-43-45-28-03-006-0010, 08-43-45-28-03-001-0080 and 08-43-45-28-03-001-0100 NEF#: 6967.13 Dear Ms. Utterback: NUTTING ENVIRONMENTAL OF FLORIDA, INC. (NEF) has performed a Confirmatory Groundwater Sampling Report at the above referenced project in general accordance with the scope and limitations of ASTM Practice E-1903 and in accordance with your authorization, received June 8, 2021. This report completes NEF's services at the project as set forth in NEF's proposal. The purpose of this project is to develop additional information regarding elevated levels of dieldrin and arsenic in groundwater located at the subject site, as identified in, as identified in NEF's Limited Soil and Groundwater Assessment Report dated January 16, 2020. Please see this report for further details regarding NEF's methodology. For further information regarding our company's qualifications, please contact the undersigned at your convenience. 1310 Neptune Drive - Boynton Beach,Florida 33426 . 561-732-7200 Broward 954-782-7200 • St.Lucie 772-408-1050 • Miami Cade 30.5-557-3083 • Fax 561-737-9975 Toll free:1-877-NUTTING(688-8464) • www.nef.cc • info@nef.cc Confirmatory Groundwater Sampling Report CRA Properties Vicinity of 115 North Federal Highway Boynton Beach,Palm Beach County, FL 33435 N EF#6967.13 August 2021 TABLE OF CONTENTS 1.0 INTRODUCTION........................................................................................................................................2 1.1 Purpose and Scope..................................................................................................................................................2 1.2 Special Terms and Conditions..................................................................................................................................2 1.3 Limitations and Exceptions of Assessment..............................................................................................................2 1.4 Limiting Conditions and Methodology Used............................................................................................................3 2.0 SUMMARY OF SITE INFORMATION ..........................................................................................................5 2.1 Site Description.......................................................................................................................................................5 2.2 Prior Environmental Assessments........................................................................................................................5 3.0 SCOPE OF WORK......................................................................................................................................6 3.1 Monitor Well Installation and Groundwater Sampling Activities.............................................................................6 4.0 RESULTS..........................................................................................................................................................7 4.1 Groundwater Assessment Results...........................................................................................................................7 5.0 CONCLUSIONS AND RECOMMENDATIONS...............................................................................................8 5.1 Summary of Groundwater Assessment Information............................................................................................8 5.2 Conclusions and Recommendations.....................................................................................................................9 APPENDICES........................................................................................................................................................ 10 AppendixA-Tables and Figures.................................................................................................................................11 Appendix B—Benzo(a)pyrene Conversion Tables..........................................................................................................1 Appendix C—FDEP Groundwater Sampling Logs...........................................................................................................2 Appendix D-Laboratory Analytical Results and Chain of Custody Form.......................................................................3 i-M N tJ=—ENVIRONMENTAL F F—l—,INC. y—Project Is our Comm—m Confirmatory Groundwater Sampling Report CRA Properties Vicinity of 115 North Federal Highway Boynton Beach,Palm Beach County, FL 33435 N EF#6967.13 August 2021 1.0 INTRODUCTION 1.1 Purpose and Scope The purpose of this project is to develop additional information regarding elevated levels of dieldrin and arsenic in groundwater located at the subject site, as identified in, as identified in NEF's Limited Soil and Groundwater Assessment Report dated January 16, 2020. 1.2 Special Terms and Conditions Independent examination of the facts developed for the subject site is the principal component of a due diligent environmental assessment effort. NEF has made a diligent effort to obtain and verify as many facts pertinent to an environmental evaluation of the subject site as possible, given time and physical constraints.A rigorous effort has been made to identify recognized environmental conditions on the subject site, but because of limitations within the data used to evaluate the property and limitations inherent in the quantitative tests performed, it is not possible to guarantee that the site is completely free of recognized environmental conditions. Our client for this Confirmatory Groundwater Sampling investigation was: Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, FL 33435 Attn: Ms. Theresa Utterback The contents of this report are for the exclusive use of the clients and their authorized representatives. Information conveyed in this report should not be used or relied upon by other parties without the written consent of NUTTING ENVIRONMENTAL OF FLORIDA, INC. 1.3 Limitations and Exceptions of Assessment The Confirmatory Groundwater Sampling Report was conducted in general accordance with the scope of work described above and in substantive accordance with the scope and limitations of ASTM Practice E-1903 of the above referenced site, the property. The work conducted by NEF is limited to the services authorized by the client, and no other services beyond those explicitly stated should be inferred or implied. A recommendation that further assessment activities are not warranted or mandatory at the subject site in no way constitutes an assurance by NEF that recognized environmental conditions are not present at the subject site, but reflects NEF's opinion, based upon the evidence encountered, that there was a low likelihood that recognized environmental conditions are present on the property at the time of the evaluation. Subsurface conditions can vary significantly between test locations for a variety of reasons including potential latent, undisclosed conditions. The client is at liberty to request additional tests in an effort to reduce this potential variability. Future use and changes to the property were not considered in this scope of work unless specifically stated to the contrary in our proposal. It is possible that documented and/or latent soil and groundwater quality conditions and underground structures (e.g. septic tanks, oil water separators, etc.), may play a significant role in permitting for and physical implementation of future property use. NEF would be pleased to provide additional consulting services upon receipt of specific written request and following receipt of details for the proposed land use and/or modifications. i-M NUTTING ENVIRONMENTAL F F—l—,INC. Y—Project Is our Comm—m Confirmatory Groundwater Sampling Report CRA Properties Vicinity of 115 North Federal Highway Boynton Beach,Palm Beach County, FL 33435 N EF#6967.13 August 2021 The client should be aware that the information contained in this report is being held in confidence. NEF has no obligation under Florida law to report to regulatory agencies the presence of limited contamination detected during the performance of environmental site assessments. However,the client or owner of the property may have such a reporting obligation. A legal opinion relative to these responsibilities should be obtained by the client or owner. NEF warrants that the services performed by NEF were conducted in a manner consistent with the normal level of care and skill ordinarily exercised by members of this profession in Florida at the time and under the conditions in which the services were performed. No other warranties, expressed or implied, are made. 1.4 Limiting Conditions and Methodology Used It is understood that an environmental assessment generates information upon which to form an opinion regarding site conditions and does not lead to full knowledge of property conditions. There can be no assurance nor does NEF offer any assurance that property conditions do not exist or could not exist in the future which were undetected at the time of the assessment and could lead to liability in connection with the property. In conducting the investigation, NEF analyzed records and site conditions in accordance with industry accepted Environmental Site Assessment practice. We cannot predict what actions, if any, a given regulatory agency may presently take or what standards and practices may apply to the property in the future nor do we accept liability for the consequences of such changes should they occur. The findings of this investigation are based upon conditions identified at the time of our study and may not necessarily represent concealed conditions or conditions which may develop subsequent to our study. All field testing performed as a part of the scope of work of this investigation was conducted in general accordance with Florida Department of Environmental Protection (FDEP) Standard Operating Procedures (SOP) for Field Activities (DEP-SOP-001/01). The client provided NEF with a site diagram defining the boundaries of the subject property. Resurveying or confirmation of the actual legal boundaries of the subject property was not included as a part of this investigation. NEF will not be held responsible for inaccuracies in site boundary information provided by the client. Certain sections of the report may contain information derived from regulatory agency databases and files, historical information resources, laboratories and interviews with persons familiar with the subject property. NEF cannot be held responsible forthe accuracy or completeness of the information from these sources.Therefore, NEF assumes no liability for any loss resulting from errors or omissions arising from the use of inaccurate or incomplete information or misrepresentations or omissions made by others. Field headspace testing, performed with a Photo Ionization Detector (PID) or Flame Ionization Detector (FID), is frequently used to screen soil samples for the presence of certain Volatile Organic Compounds (VOCs) present in gasoline, diesel fuel, and some solvents. Field headspace testing is conducted by NEF in accordance with procedures outlined in Chapter 62-770 Florida Administrative Code (FAC) for the presence of detectable concentrations of VOCs. An in-line condensable carbon filter is used to obtain filtered readings to correct for the presence of naturally occurring VOCs when using a FID. Net VOC readings are calculated by subtracting the filtered reading from the unfiltered reading for each sample. Although valuable in estimating the degree of impact from certain types of contaminants, many petroleum and non-petroleum contaminants cannot be detected with this method; therefore, the results of the field headspace testing should not be used to construe that the subject property is free of environmental contamination. Laboratory results are expressed in this report in parts per million (ppm, mg/L or mg/Kg) or parts per billion (ppb, ug/L or ug/kg). Field headspace screening results are expressed in parts per million (ppm). Sampling depths are expressed in feet below land surface (BLS). Test data presented in this report pertains to the actual soil and groundwater samples recovered at the subject site. Substantial variation in soil and groundwater quality can occur between test locations. NEF has attempted to exercise i-M NIJ=( ENVIRONMENTAL F F—l—,INC. Yo Project Is our c­2­m Confirmatory Groundwater Sampling Report CRA Properties Vicinity of 115 North Federal Highway Boynton Beach,Palm Beach County, FL 33435 N EF#6967.13 August 2021 due care in the selection of test locations and test parameters to provide the basis for the opinions expressed in this report. i-i N tJ=—ENVIRONMENTAL F FeroMI—,INC. Y—Project Is our Comm—m Confirmatory Groundwater Sampling Report CRA Properties Vicinity of 115 North Federal Highway Boynton Beach,Palm Beach County, FL 33435 N EF#6967.13 August 2021 2.0 SUMMARY OF SITE INFORMATION 2.1 Site Description The subject site consisted of three parcels totaling approximately 1.58 acres (approximately 68,893 square foot). Northeast 1St Avenue was noted to transect the subject site (east-west direction), separating the property in a North Parcel and a South Parcel. The North and South Parcels of the subject site are currently developed with asphalt paved parking lots. 2.2 Prior Environmental Assessments The client provided NEF with a Phase I Environmental Site Assessment (ESA) Report performed several properties in the vicinity of the subject site, dated July 3, 2019. The Phase I ESA identified the potential for contamination encroachment onto the subject site from an existing service station located at 217 North Federal Highway and a former service station located at 101 North Federal Highway. Based on the findings of the Phase I ESA, Limited Soil and Groundwater Assessment activities were performed on the subject site to develop information regarding soil and groundwater quality which may have been impacted as a result of contamination encroachment from the offsite service station and former service station located to the north and the south of the subject site. A Limited Soil and Groundwater Assessment Report was performed on the subject site dated January 16, 2020, performed by NEF, concluded the following: "The soil assessment activities performed as part of this Limited Soil and Groundwater Assessment Report did not identify the presence of petroleum impacted soil and/or groundwater near the northeast and southeast corner of the subject site. However, laboratory analytical results of the groundwater samples collected as part of this investigation reported an elevated concentration of dieldrin in groundwater samples collected northeast of the subject site (at the GP-4 location) and arsenic along the southern property boundary of the subject site (at the GP-5 location). In the absence of the presence of other petroleum contaminants of concern the reported arsenic and dieldrin concentrations do not appear to be associated with a release of petroleum products from the adjacent existing and former service stations. Furthermore, a Phase 1 ESA performed by NEF on the subject site dated April 10, 2018, did not revealed evidence of historical uses that could be considered a source for the elevated arsenic and dieldrin concentrations in groundwater, identified in the Limited Soil and Groundwater Assessment Report. However, given as the reported dieldrin and arsenic concentrations exceed their respective GCTLs, it is NEF's opinion that it would be prudent to perform additional assessment in an attempt to confirm the reported contaminant concentrations." i-M Nu=( ENVIRDNMEN— F F—l—,INC. Yo Project Is our c­2­m Confirmatory Groundwater Sampling Report CRA Properties Vicinity of 115 North Federal Highway Boynton Beach,Palm Beach County, FL 33435 N EF#6967.13 August 2021 3.0 SCOPE OF WORK The assessment activities performed as part of this Confirmatory Groundwater Sampling Report, consisted of the installation and sampling of two temporary shallow water table monitoring wells to facilitate the collection of groundwater samples for laboratory analysis to confirm the previous contamination identified in groundwater at the subject site. 3.1 Monitor Well Installation and Groundwater Sampling Activities On July 27, 2021, NEF personnel installed two temporary shallow water table monitoring wells (designated as GP-4 and GP-5) on the subject site. Monitoring well GP-4 was installed at the former SB-4/GP-4 sample location and monitoring well GP-5 was installed at the former SB-5/GP-5 sample location as identified in NEF's Limited Soil and Groundwater Assessment Report, dated January 16, 2020 The monitoring wells were installed to a depth of approximately fourteen feet BLS through direct push technology using 1.5-inch diameter pre-packed ten foot long wells screens (0.010 inch slot,ASTM Thread)which was installed to bracket the water table (from approximately four and a half to fourteen and a half feet BLS), with a four and half foot PVC riser to the surface. Please see the attached figures for the specific groundwater sample locations. Specifically, NEF personnel collected groundwater samples for laboratory analysis as identified in the following table: Groundwater Soil Boring Laboratory Analysis" Area of Concern Sample ID Location GP-4 S134 Organochlorine Pesticides Location of previously identified elevated concentrations of Dieldrin GP-5 S13-8 Arsenic Location of previously identified elevated concentrations of Arsenic laboratory analytical methods: Organochlorine Pesticides per EPA Method 8081,and Arsenic per EPA Method 6020. Following the sampling event, the groundwater samples were delivered on ice to Pace Analytical, a state certified laboratory for laboratory analysis by two different laboratories within the Pace network of laboratories (Ormond Beach and Mt. Juliet). Chain of custody records were maintained to control the transfer of the groundwater samples. FDEP groundwater sampling logs and chain of custody records are attached. NEF was notified by Pace Analytical that the laboratory exceeded the hold time for the groundwater sample collected from GP-4 to complete the analysis for organochlorine pesticides. As such, Pace Analytical re-mobilized to the subject site on August 16, 2021 to collect an additional groundwater sample from the GP-4 for laboratory analysis for organochlorine pesticides. i-M NIJ=( ENVIRONMENTAL F F—l—,INC. Yo Project Is our c­2­m Confirmatory Groundwater Sampling Report CRA Properties Vicinity of 115 North Federal Highway Boynton Beach,Palm Beach County, FL 33435 N EF#6967.13 August 2021 4.0 RESULTS 4.1 Groundwater Assessment Results Laboratory analytical results of the groundwater samples collected from GP-4 and GP-5 as part of this investigation are summarized below: • Organochlorine Pesticides Laboratory analytical results of the groundwater samples collected from GP-4 on July 26, 2021 and August 16, 2021 were reported below the laboratory method detection limits and/or the Groundwater Cleanup Target Levels (GCTL), as listed in Chapter 62-777, Florida Administrative Code (FAC) for all parameters tested with the exception of dieldrin in the groundwater sample collected on July 26, 2021, which reported dieldrin at an estimated concentration (reported between the Method Detection Limit and the Practical Quantitation Limit) of 0.0072 lag/L, which is slightly above the GCTL for dieldrin of 0.002 lag/L. • Arsenic Laboratory analytical results of the groundwater samples collected from GP-5 reported arsenic at a concentration of 8.11 lag/L and 6.5 lag/L, respectively, which is below the GCTL for arsenic of 10 lag/L. The laboratory analytical data for organochlorine pesticides and arsenic collected as part of this investigation and the prior assessment activities are summarized in the attached Table 1. Copies of the laboratory report and chain of custody form are attached. i-M NUTTING ENVIRONMENTAL F F—l—,INC. Y—Project Is our Comm—m Confirmatory Groundwater Sampling Report CRA Properties Vicinity of 115 North Federal Highway Boynton Beach,Palm Beach County, FL 33435 N EF#6967.13 August 2021 5.0 CONCLUSIONS AND RECOMMENDATIONS The assessment activities performed as part of this Confirmatory Groundwater Sampling Report, consisted of the the installation and sampling of two temporary shallow water table monitoring wells for laboratory analysis for specific contaminants of concern to develop additional information regarding elevated levels of dieldrin and arsenic in groundwater located at the subject site, as identified in, as identified in NEF's Limited Soil and Groundwater Assessment Report dated January 16, 2020. 5.1 Summary of Groundwater Assessment Information Laboratory analytical results of groundwater samples collected as part of NEF's Limited Soil and Groundwater Assessment Report dated January 16, 2020 were reported at or below the laboratory method detection limits and/or the applicable Groundwater Cleanup Target Levels (GCTLs), as listed in Chapter 62-777, Florida Administrative Code, for all parameters tested with the exception of dieldrin in groundwater samples collected from GP-4 and arsenic in groundwater samples collected from GP-5. In an attempt to develop additional information regarding the elevated contaminant concentrations reported in groundwater samples collect at the GP-4 and GP-5 groundwater sample locations, NEF installed two conventional shallow water table monitoring wells (designated as GP-4 and GP-5) at the original groundwater sample locations to facilitate the collection of confirmatory groundwater samples to attempt to confirm the reported dieldrin and arsenic concentrations. Laboratory analytical results of the groundwater samples collected from GP-4 and GP-5 as part of NEF's Limited Soil and Groundwater Assessment Report dated January 16, 2020 were this investigation are summarized below: • Organochlorine Pesticides Dieldrin was reported at a concentration of 0.022 lag/L in groundwater samples collected from GP-4 on December 23, 2019, which is above the Groundwater Cleanup Target Level (GCTL) for dieldrin of 0.002 lag/L, as listed in Chapter 62- 777, Florida Administrative Code (FAC). Laboratory analytical results of the groundwater samples collected from GP-4 on July 26, 2021 and August 16, 2021 were reported below the laboratory method detection limits and/or the Groundwater Cleanup Target Levels (GCTL), as listed in Chapter 62-777, Florida Administrative Code (FAC) for all parameters tested with the exception of dieldrin in the groundwater sample collected on July 26, 2021, which reported dieldrin at an estimated concentration (reported between the Method Detection Limit(MDL) of 0.0050 lag/L and the Practical Quantitation Limit (PQL) of 0.0099 lag/L) of 0.0072 lag/L, which is slightly above the GCTL for dieldrin of 0.002 lag/L. However, in accordance with Chapter 62-780, FAC, when the Cleanup Target Level is lower than the PQL, the PQL becomes the alternative Cleanup Target Level, as long as it is the best achievable detection limit. Given the reported PQL of 0.0099 lag/L meets the Target PQL for dieldrin(in FDEP Analytical Methods Guidance document)of 0.1 lag/L,the concentration of dieldrin meets the alternative Cleanup Target Level. • Arsenic Arsenic was reported at a concentration of 64.1 lag/L in groundwater samples collected from GP-5 on December 23, 2019, which is above the Groundwater Cleanup Target Level (GCTL) for arsenic of 10 lag/L, as listed in Chapter 62- 777, Florida Administrative Code (FAC). Laboratory analytical results of the groundwater samples collected from GP-5 on July 26, 2021 reported arsenic at a concentration of 8.11 lag/L and 6.5 lag/L, respectively, which is below the GCTL for arsenic of 10 lag/L. As such, based i-M NUTTING ENVIRONMENTAL F F—l—,INC. Y—Project Is our Comm—m Confirmatory Groundwater Sampling Report CRA Properties Vicinity of 115 North Federal Highway Boynton Beach,Palm Beach County, FL 33435 N EF#6967.13 August 2021 on the results of the confirmatory groundwater sampling activities, the elevated arsenic concentration reported in the groundwater samples collected on December 23, 2019, as part of the original scope of work could not be confirmed. 5.2 Conclusions and Recommendations The groundwater assessment activities performed as part of this Confirmatory Groundwater Sampling Report were intended to develop additional information regarding the reported arsenic and dieldrin concentrations reported in groundwater samples collected from GP-4 and GP-4, collected as part of assessment activities documented in NEF's Limited Soil and Groundwater Assessment Report dated January 16, 2020. Laboratory analytical results collected as part of this investigation did not confirm the elevated arsenic concentration in groundwater at the TP-5 groundwater sample location. Although dieldrin was detected in one out of the two of the confirmatory groundwater samples collected, the dieldrin concentration was reported as an estimated concentration as the concentration was reported below the Practical Quantitation Limit and as such would be considered to meet the (alternative) Groundwater Cleanup Target Level for dieldrin. Given the above and that prior Phase I Environmental Site Assessments did not reveal evidence of historical uses that could be considered a source for the elevated dieldrin concentration in groundwater, it is NEF's opinion that additional contaminant related soil and/or groundwater investigation at these test locations is not mandatory at this time. NEF appreciates this opportunity to be of service. Should you have any further questions or concerns, please do not hesitate to contact the undersigned at your convenience. Sincerely, NUTTING ENVIRONMENTAL OF FLORIDA, INC. LBI w ki R/ hard G. Rossi, P.E. roject Manager President -Ak aneerni ice President Filename: Boynton Beach CRA, 115 N Federal Highway, Boynton Beach, Confirmatory GW Sampling, Sept 2021 i-M NUTTING ENVIRONMENTAL F F—l—,INC. Y—Project Is our comm—m Confirmatory Groundwater Sampling Report CRA Properties Vicinity of 115 North Federal Highway Boynton Beach,Palm Beach County, FL 33435 N EF#6967.13 August 2021 APPENDICES NUTTING ENVIRONMENTAL F FeroMI—,INC. Y—Project Is our Comm—m Confirmatory Groundwater Sampling Report CRA Properties Vicinity of 115 North Federal Highway Boynton Beach,Palm Beach County, FL 33435 N EF#6967.13 August 2021 Appendix A - Tables and Figures t-f NUTTING ENVIRONMENTAL F FeroMI—,INC. Y—Project Is our Comm—m I, I { 55 GP-4 F �s F r ' � t f { fiYl' 0' 30' 60' Approximate Scale 1"= 30' NLTTTINr. ENVIRONMENTAL CRA Properties Proposed Vic of 115 North Federal Highway — �� FLORIDA, INC. Boynton Beach Palm Beach County, FL Soil Boring �10 Your Project is Ot C mMi Me�t. Y ty, Location Map NEF #: 6967.13 a r F r i f r . r r r i t a I GP-5 r Ss { f I 0' 30' 60' Approximate Scale 1"= 30' NUTTINr. ENVIRONMENTAL CRA Properties Proposed Vic of 115 North Federal Highway — �� ��R`�A' INC. Boynton Beach Palm Beach County, FL Soil Boring �10 Your Project is Ot C mMr Me�t. Y ty, Location Map NEF #: 6967.13 e- {r� �,f n 01, s � S13-1 SB-3 t. 1Yk t ` r E a � , F 1` SB-4 li If!ill�li�' I r S13-5 i SB-6 S13-8 11r„� 1 d I ' l r } 0' 40' 80' Approximate Scale 1”= 40' CRA Properties tvurr�rra� ENVIRONMENTAL CRA OF FLORIDA, INC 508 East Boynton Beach Boulevard Soil Boring -;1 G.I Boynton Beach, Palm Beach County, FL Location Ma Your Project is�"F C°nrt' N E F #: 6967.13 p k C)\ o Q Q - z z Q d o 0 0 6 d a a o _ / / / / 0 \ 2 9 d $ 3 S 2 3 z z § k g g g g R Jo 0 0 0 / \ . � LU CL CD ± ± Cl) G \ CL LLI x o 2 2 2 2 0 2 § R o $ q 7 $ R R / q / \ 0 E E CD E \ j \ ! 0 6 6 6 6ch & E e C / � 2 � LLE ƒ e \ 2 ' g § o ) \ § ■ r / k k k k z z \ I ) ) u 0 0 0 0 ] { ■ o 2 & z a 2 C4 - \ \ Nt R R \ 2 � OL < R = d \ \ CD % 0 0 0 0 \ \. o o < « 2 ) \ > k - / g / \ J p o \ r Q 2 \ f ch co w c 2 / } I \ L § j o \ / / \ / / \ \ d \ / / \ / / / \ 2 n C-4 ! / R / R R + ) { { / / § r o 2 7 a e G a § % o / r r CL ) k \ 07 J J J J \ E f ) .§ LO co 0o E J § § o a .. - m E / „ © o < z = Appendix C - FDEP Groundwater Sampling Logs NUTTING ENVIRONMENTAL F Fero--,1— Y—Project Is our c,—m m DEP Form FD 9000-24: GROUNDWATER SAMPLING LOG SITE SITE NAME: 115 N Federal HwyLOCATION: 115 IN Federal Hwy, Boynton Beach, FL,33435 WELL NO: GP-4 SAMPLE ID: GP-4 DATE: July 26,2021 PURGING DATA WELL TUBING WELL SCREEN INTERVAL STATIC DEPTH PURGE PUMP TYPE DIAMETER(inches): DIAMETER(inches): 1/4 DEPTH:4.40 feet to 14.40 feet TO WATER(feet):5.44 OR BAILER: PP WELL VOLUME PURGE: 1 WELL VOLUME (TOTAL WELL DEPTH - STATIC DEPTH TO WATER) X WELL CAPACITY (only fill out if applicable) (14.40 feet- 5.44 feet) X 0.09 gallons/foot = 0.81 gallons EQUIPMENT VOLUME PURGE: 1 EQUIPMENT VOL.=PUMP VOLUME+(TUBING CAPACITY X TUBING LENGTH)+FLOW CELL VOLUME (only fill out if applicable) gallons+ gallons/foot X feet)+ gallons = gallons INITIAL PUMP OR TUBING FINAL PUMP OR TUBING PURGING PURGING TOTAL VOLUME DEPTH IN WELL(feet): 7.00 DEPTH IN WELL(feet): 7.00 INITIATED AT: 10:10 ENDED AT: 10:30 PURGED(gallons): 5,0 CUMUL. DEPTH GOND. DISSOLVED VOLUME PURGE TO pH TEMP, (circle units) OXYGEN N TURBIDITY COLOR ODOR VOLUME E (standard (ck, units)I " �T rn� g[L TIME PURGED PURGED RATE WATER (OC) (NTUs) (describe) (describe) (gallons) units) mg (gpm) or_fS11C. . .ur.t (gallons) (feet) %sa uration 10:22 3.0 53,0 US 5.57 7.58 27.97 420 2.21 5.78 Clear None 10:24 0.5 15 0.25 5.57 7.08 27.96 423 1.84 5.13 Clear None 10:26 0.5 4.0 0.25 5.57 6.97 27.95 45 1,75 4.87 Clear None 10728 0.5 4.5 0,25 5.57 6.80 27.94 427 1.73 3.78 Clear None 10:30 0L5 5.0 0.25 5.57 6.65 27.94 425 1.59 3.30 Clear None L WELL CAPACITY(Gallons Per Foot): 0.75"=0,02; 1"=0.04; 1.25"=0.06; 2"=0.16: 311=0,37; 4"=0,65; 5"=1.02; 6"=1.47; 12"=5.88 TUBING INSIDE DIA.CAPACITY(Galfft.): 1/8"=0.0006, 3116"=0,0014; 114'.=0.0026: 5116"=0.004, 3/8"=0,006; 1/2"=0.010; 5/8"=0.016 PURGING EQUIPMENT CODES: B=Bailer; BP=Bladder Pump; ESP=Electric Submersible Pump; PP=Peristaltic Pump; 0=Other(Specify) SAMPLING DATA SAMPLED BY(PRINT)I AFFILIATION: SAMPLER(S)SIGNATURE(S): SAMPLING SAMPLING MP'MPL ING Tony RuO NEF INITIATED AT: 10-31 ENDED AT: 10:33 PUMP OR TUBING TUBING FIELD-FILTERED: Y (N) FILTER SIZE: pm DEPTH IN WELL(feet): 7.00 MATERIAL CODE: HDPE Filtration Equipment Type: FIELD DECONTAMINATION: PUMP (Y) N TUBING Y (N)(replaced) DUPLICATE: (Y) N SAMPLE CONTAINER SPECIFICATION SAMPLE PRESERVATION(including wet ice) INTENDED SAMPLING SAMPLE PUMP ANALYSIS AND/OR EQUIPMENT FLOW RATE SAMPLE MATERIAL PRESERVATIVE TOTAL FINAL VOLUME N METHOD CODE (mL per minute) TOT ID CODE CONTAINERS CODE USED ADDED IN FIELD mL pH GP-4 2 AG 1L Ice 0 Dieldrin/8081 APP 11000ml- REMARKS: MATERIAL CODES: AG=Amber Glass; CG=Clear Glass; HDPE=High Density Polyethylene; LDPE=Low Density Polyethylene; PP=Polypropylene; S=Silicone; T=Teflon; 0=Other(Specify) SAMPLING EQUIPMENT CODES: APP=After(Through)Peristaltic Pump; B=Bailer; BP=Bladder Pump; ESP=Electric Submersible Pump; RFPP=Reverse Flow Peristaltic Pump; SM=Straw Method(Tubing Gravity Drain); 0=Other(Specify) NOTES: 1. The above do not constitute all of the information required by Chapter 62-160,F.A.C. 2. STABILIZATION CRITERIA FOR RANGE OF VARIATION OF LAST THREE CONSECUTIVE READINGS(SEE FS 2212,SECTION 3) pH:+0.2 units Temperature:+U OC Specific Conductance: +5% Dissolved Oxygen:all readings<20%saturation(see Table FS 2200-2); optionally,+0.2 mg/L or+10%(whichever is greater) Turbidity;all readings<20 NTU;optionally 5 NTU or+ 10%(whichever is greater) 62-160,800 F.A.C. Revision Date: January 2017 DEP Form FD 9000-24: GROUNDWATER SAMPLING LOG SITE SITE NAME: 115 N Federal Hwy TION: 115 N Federal Hw.,Boynton Beach,FL,33435 WELL NO: GP-5 SAMPLE ID; GP-5 DATE: July 26,2021 PURGING DATA WELL -T-TUBING WELL SCREEN INTERVAL STATIC DEPTH PURGE PUMP TYPE DIAMETER(inches):1.6 1 DIAMETER(inches): 114 DEPTH:4.72 feet to 14.72 feet I TO WATER(feet):5.73 OR BAILER: PP WELL VOLUME PURGE: I WELL VOLUME (TOTAL WELL DEPTH - STATIC DEPTH TO WATER) X WELL CAPACITY (only fill out if applicable) (14.72 feet- 5.73 feet) X 0.09 gallons/foot = 0.81 gallons EQUIPMENT VOLUME PURGE: I EQUIPMENT VOL.=PUMP VOLUME+(TUBING CAPACITY X TUBING LENGTH)+FLOW CELL VOLUME (only fill out if applicable) gallons+ gallons/foot X feet)+ gallons = gallons INITIAL PUMP OR TUBING FINAL PUMP OR TUBING PURGING PURGING TOTAL VOLUME DEPTH IN WELL(feet): 7.00 DEPTH IN WELL(feet): 7.00 INITIATED AT: 11:01 ENDED AT: 11:19 PURGED(gallons): 4.5 CUMUL, DEPTH COND. DISSOLVED VOLUME (s pH nits) OXYGEN VOLUME PURGE TO tandaTEMP. (circle u circle u (NTUs) (describe) (describe) nits) TURBIDITY COLOR ODOR TIME PURGED PURGED RATE WATER units)rd o ((OC) pmh 0 (gallons) (gallons) (gpm) (feet) IS rlt-m'�ur otion 11:13 3.0 53,0 0.25 5.90 5.41 29.70 430 1.32 2.67 Clear None 11:15 0,5 3.6 0.25 5.90 5.42 2969 430 1.28 2.89 Clear None 11:17 0L5 4.0 0.25 5.90 5.42 29,67 430 1.23 3.35 1 Clear None 11:19 0.5 4.5 0.25 5.90 5.43 29.68 430 1.21 3.71 Clear None WELL CAPACITY(Gallons Per Foot): 0.75"=0.02; 11"=0.04; 1.25"=0.06; 2"=0.16; 3"=0.37; 4"=0.65; 5"=1.02; b-=1.47; 1211=5.88 TUBING INSIDE DIA.CAPACITY(Gal/Ft.): 118"=0.0006; 3/16"=0,0014; 1/4"=0.0026; 5/16"=O°004; 318"=0.006; 112"=0.010: 5/8"=0.016 PURGING EQUIPMENT CODES: B=Bailer; BP=Bladder Pump: ESP=Electric Submersible Pump; PP=Peristaltic Pump; 0=Other(Specify) SAMPLING DATA SAMPLED BY(PRINT)/AFFILIATION: SAMPLER(S)SIGNATURE(S): SAMPLING SAMPLING Tony Ruiz/NEE /?" INITIATED AT: I' AT: 11:23 PUMP ORTUBING TUBING =FIELD-FILTERED: Y (N) FILTER SIZE: -pm DEPTH IN WELL(feet): 7.00 MATERIAL CODE: HDPE Filtration EquipmentType: FIELD DECONTAMINATION: PUMP (Y) N TUBING Y (N)(replaced) DUPLICATE,: (Y) N SAMPLE CONTAINER SPECIFICATION SAMPLE PRESERVATION(including wet ice) INTENDED SAMPLING SAMPLE PUMP SAMPLE # ANALYSIS AND/OR EQUIPMENT FLOW RATE MATERIAL PRESERVATIVE TOTAL VOL FINAL METHOD CODE (mL per minute) ID CODE CONTAINERS VOLUME CODE I USED ADDED IN FIELD(mL) _pH GIP-5 2 HDPE I 250rnl_ HNO3 0 Arsenic/6020 APP 500rnL REMARKS: MATERIAL CODES: AG=Amber Glass; CG=Clear Glass; HDPE=High Density Polyethylene; LDPE=Low Density Polyethylene; PIP=Polypropylene; 8=Silicone; T=Teflon; 0=Other(Specify) SAMPLING EQUIPMENT CODES: APP=After(Through)Peristaltic Pump; B=Bailer; BP=Bladder Pump; ESP=Electric Submersible Pump; RFPP=Reverse Flow Peristaltic Pump; SM=Straw Method(Tubing Gravity Drain): 0=Other(Specify) NOTES: 1. The above do not constitute all of the information required by Chapter 62-160,F.A.C. 2, STABILIZATION CRITERIA FOR RANGE OF VARIATION OF LAST THREE CONSECUTIVE READINGS(SEE FS 2212,SECTION 31 pH:+0.2 units Temperature:+0.2 OC Specific Conductance: +5% Dissolved Oxygen:all readings<20%saturation(see Table FS 2200-2); optionally,±0.2 mg1L or+10%(whichever is greater) Turbidity:all readings<20 NTUI;optionally±5 NTU or+ 10%(whichever is greater) 62-160.800 F.A.C. Revision Date: January 2017 UIUMIUWdLUI OdIIIIJ1111 LUy Iwcl U.'cu is aCeAnalytlCal' Document No.: Issuing Authority: Florida Laboratory F-FL-C-021 rev.00 Pace Florida Quality Office Form FD 9000-24 GROUNDWATER SAMPLING LOG SITE NAME: I t CS E,c, 1 1i.�•. «1'CA /SOLATION: � � !�► F��'"e� c 1 k! ��v���/t � c�� �'L WELL NO: (7 Li SAMPLE ID: DATE: PURGING DATA WELL �� TUBING WELL SCREEN INTERVAL STATIC DEPTH PURGE PUMP TYPE DIAMETER(inches): DIAMETER(inches): DEPTH: Meet to IS S feet TO WATER(feet): I OR BAILER: �f WELL VOLUME PURGE: 1 WELL VOLUME_ (TOTAL WELL DEPTH - STATIC DEPTH TO WATER) X WELL CAPACITY (only fill out if applicable) ( � L - ���• � feet- 5, S feet <-%X �< gallons/foot = '� ' gallons EQUIPMENT VOLUME PURGE: 1 EQUIPMENT VOL.=PUMP VOLUME+(TUBING CAPACITY X TUBING LENGTH)+FLOW CELL VOLUME (only fill out if applicable) = gallons+( gallons/foot X feet)+ gallons = gallons INITIAL PUMP OR TUBING S FINAL PUMP OR TUBING ( C PURGING L / PURGING f Ll 143 TOTAL VOLUME DEPTH IN WELL(feet): �' l DEPTH IN WELL(feet): is > INITIATED AT: 1 SSd ENDED AT: r PURGED(gallons): 1, C' CUMUL. DEPTH COND. DISSOLVED VOLUME VOLUME PURGE TO PH TEMP. (circle units) OXYGEN TURBIDITY COLOR ODOR TIME PURGED (standard o µ (circle units) PURGED RATE WATER units) ( C) mhos/cm m !L or (NTUs) (describe) (describe) (gallons) (gallons) (gPm) (feet) or µS/cm %saturation G L c3,Z HI , 61 S 21 P Le tl I-7 b. 1Z 4 S) •lti�- r �► f �, �� ►' Z d zea S, �� �. Z _ 100 6. )S -7 c��. WELL CAPACITY(Gallons Per Foot): 0.75"=0.02; 1"=0.04; 1.25"=0.06; 2"=0.16; 3"=0.37; 4"=0.65; 5"=1.02; 6"=1.47; 12"=5.88 TUBING INSIDE DIA.CAPACITY Gal./Ft. : 1/8"=0.0006; 3/16"=0.0014 1/4"=0.0026; 5/16"=0.004 3/8"=0.006 112"=0.010 5/8"=0.016 PURGING EQUIPMENT CODES: B=Bailer; BP=Bladder Pump; ESP=Electric Submersible Pump; PP=Peristaltic Pump; O=Other(Specify) SAMPLING DATA SAMPLED BY(PRINT)/AFFILIATION: SAMPLER(S)SIGNATURE(S): SAMPLING SAMPLING /1 INITIATED AT: ,LI S ENDED AT: t� 'I j PUMP OR TUBING TUBINGry t7Cl S FIELD-FILTERED: Y FILTER SIZE: µm DEPTH IN WELL(feet): MATERIAL CODE: r Filtration Equipment T e: FIELD DECONTAMINATION: PUMP Y TUBING YN(rePlace� DUPLICATE: Y N SAMPLE CONTAINER SPECIFICATION SAMPLE PRESERVATION INTENDED SAMPLING SAMPLE PUMP SAMPLE # MATERIAL PRESERVATIVE TOTAL VOL FINAL ANALYSIS AND/OR EQUIPMENT FLOW RATE ID CODE CONTAINERS [CODE VOLUME USED ADDED IN FIELD mL H METHOD CODE (mL per minute) I 0tO(1-L REMARKS: MATERIAL CODES: AG=Amber Glass; CG=Clear Glass; PE=Polyethylene; PP=Polypropylene; S=Silicone; T=Teflon; O=Other(Specify) SAMPLING EQUIPMENT CODES: APP=After Peristaltic Pump; B=Bailer; BP=Bladder Pump; ESP=Electric Submersible Pump; RFPP=Reverse Flow Peristaltic Pump; SM=Straw Method(Tubing Gravity Drain); O=Other(Specify) NOTES: 1. The above do not constitute all of the information required by Chapter 62-160, F.A.C. 2. STABILIZATION CRITERIA FOR RANGE OF VARIATION OF LAST THREE CONSECUTIVE READINGS(SEE FS 2212 SECTION) pH:+0.2 units Temperature:+0.2°C Specific Conductance: ±5% Dissolved Oxygen:all readings<20%saturation(see Table FS 2200-2); optionally, +0.2 mg/L or+10%(whichever is greater) Turbidity:all readings<20 NTU;optionally±5 NTU or+ 10%(whichever is greater) Page 127 of 200 Book Number: Page 14 of 16 Appendix D - Laboratory Analytical Results and Chain of Custody Form NUTTING ENVIRONMENTAL F Fero--,1— Y—Project Is our c,—m m Pace Analytical Services,LLC aceAnal,tical 3610 Park Central Blvd N JI/� if Pompano Beach,FL 33064 www.pacelabs.com (954)58214300 August 23, 2021 Jan Beernink Nutting Environmental of Florida, Inc. 1310 Neptune Drive Boynton Beach, FL 33426 RE: Project: 115 N. Federal Hwy-Revised Report Pace Project No.: 35650753 Dear Jan Beernink: Enclosed are the analytical results for sample(s)received by the laboratory on July 27, 2021. The results relate only to the samples included in this report. Results reported herein conform to the applicable TNI/NELAC Standards and the laboratory's Quality Manual,where applicable, unless otherwise noted in the body of the report. The test results provided in this final report were generated by each of the following laboratories within the Pace Network: • Pace National-Mt. Juliet • Pace Analytical Services-Ormond Beach Revision 1 -This report replaces the 08/05/2021 report.Arsenic for GP-5 has been aanlzyed by a secondary lab for confirmation. If you have any questions concerning this report, please feel free to contact me. Sincerely, Christina Raschke christina.raschke@pacelabs.com (954)582-4300 Project Manager Enclosures cc: Katie Bonkowski, Nutting Environmental of Florida, Inc. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, without the written consent of Pace Analytical Services,LLC. Page 1 of 17 Pace Analytical Services,LLC aceAnal,tical 3610 Park Central Blvd N JI/� if Pompano Beach,FL 33064 www.pacelabs.com (954)58214300 CERTIFICATIONS Project: 115 N. Federal Hwy-Revised Report Pace Project No.: 35650753 Pace Analytical Services Ormond Beach 8 East Tower Circle, Ormond Beach, FL 32174 Montana Certification#:Cert 0074 Alaska DEC-CS/UST/LUST Nebraska Certification: NE-OS-28-14 Alabama Certification#:41320 New Hampshire Certification#:2958 Colorado Certification: FL NELAC Reciprocity New Jersey Certification#: FL022 Connecticut Certification#: PH-0216 New York Certification#: 11608 Delaware Certification: FL NELAC Reciprocity North Carolina Environmental Certificate#:667 Florida Certification#: E83079 North Carolina Certification#: 12710 Georgia Certification#:955 North Dakota Certification#: R-216 Guam Certification: FL NELAC Reciprocity Ohio DEP 87780 Hawaii Certification: FL NELAC Reciprocity Oklahoma Certification#: D9947 Illinois Certification#:200068 Pennsylvania Certification#:68-00547 Indiana Certification: FL NELAC Reciprocity Puerto Rico Certification#: FLO1264 Kansas Certification#: E-10383 South Carolina Certification:#96042001 Kentucky Certification#: 90050 Tennessee Certification#:TN02974 Louisiana Certification#: FL NELAC Reciprocity Texas Certification: FL NELAC Reciprocity Louisiana Environmental Certificate#:05007 US Virgin Islands Certification: FL NELAC Reciprocity Maine Certification#: FLO1264 Virginia Environmental Certification#:460165 Maryland Certification:#346 West Virginia Certification#: 9962C Michigan Certification#: 9911 Wisconsin Certification#:399079670 Mississippi Certification: FL NELAC Reciprocity Wyoming(EPA Region 8): FL NELAC Reciprocity Missouri Certification#:236 Pace Analytical Services National 12065 Lebanon Road, Mt.Juliet,TN 37122 Mississippi Certification#:TN00003 Alabama Certification#:40660 Missouri Certification#: 340 Alaska Certification 17-026 Montana Certification#:CERT0086 Arizona Certification#:AZ0612 Nebraska Certification#: NE-OS-15-05 Arkansas Certification#:88-0469 Nevada Certification#:TN-03-2002-34 California Certification#:2932 New Hampshire Certification#: 2975 Canada Certification#: 1461.01 New Jersey Certification#:TNO02 Colorado Certification#:TN00003 New Mexico DW Certification Connecticut Certification#: PH-0197 New York Certification#: 11742 DOD Certification:#1461.01 North Carolina Aquatic Toxicity Certification#:41 EPA#TN00003 North Carolina Drinking Water Certification#:21704 Florida Certification#: E87487 North Carolina Environmental Certificate#: 375 Georgia DW Certification#: 923 North Dakota Certification#: R-140 Georgia Certification: NELAP Ohio VAP Certification#: CL0069 Idaho Certification#:TN00003 Oklahoma Certification#:9915 Illinois Certification#:200008 Oregon Certification#:TN200002 Indiana Certification#: C-TN-01 Pennsylvania Certification#:68-02979 Iowa Certification#: 364 Rhode Island Certification#: LA000356 Kansas Certification#: E-10277 South Carolina Certification#: 84004 Kentucky UST Certification#: 16 South Dakota Certification Kentucky Certification#: 90010 Tennessee DW/Chem/Micro Certification#: 2006 Louisiana Certification#:A130792 Texas Mold Certification#: LABO152 Louisiana DW Certification#: LA180010 Texas Certification#:T 104704245-17-14 Maine Certification#:TN0002 USDA Soil Permit#: P330-15-00234 Maryland Certification#: 324 Utah Certification#:TN00003 Massachusetts Certification#: M-TNO03 Virginia Certification#:VT2006 Michigan Certification#: 9958 Vermont Dept.of Health: ID#VT-2006 Minnesota Certification#:047-999-395 Virginia Certification#:460132 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, without the written consent of Pace Analytical Services,LLC. Page 2 of 17 Pace Analytical Services,LLC aceAnal,tical 3610 Park Central Blvd N JI/� if Pompano Beach,FL 33064 www.pacelabs.com (954)58214300 CERTIFICATIONS Project: 115 N. Federal Hwy-Revised Report Pace Project No.: 35650753 Pace Analytical Services National Washington Certification#:C847 A2LA-IS0 17025 Certification#: 1461.01 West Virginia Certification#:233 A2LA-IS0 17025 Certification#: 1461.02 Wisconsin Certification#:998093910 AIHA-LAP/LLC EMLAP Certification#:100789 Wyoming UST Certification#:via A2LA 2926.01 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, without the written consent of Pace Analytical Services,LLC. Page 3 of 17 Pace Analytical Services,LLC aceAnal,tical 3610 Park Central Blvd N JI/� if Pompano Beach,FL 33064 www.pacelabs.com (954)58214300 SAMPLE SUMMARY Project: 115 N. Federal Hwy-Revised Report Pace Project No.: 35650753 Lab ID Sample ID Matrix Date Collected Date Received 35650753001 GP-4 Water 07/26/2110:31 07/27/2114:02 35650753002 GP-5 Water 07/26/2111:20 07/27/2114:02 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, without the written consent of Pace Analytical Services,LLC. Page 4 of 17 Pace Analytical Services,LLC aceAnal,tical 3610 Park Central Blvd N JI/� if Pompano Beach,FL 33064 www.pacelabs.com (954)58214300 SAMPLE ANALYTE COUNT Project: 115 N. Federal Hwy-Revised Report Pace Project No.: 35650753 Analytes Lab ID Sample ID Method Analysts Reported Laboratory 35650753001 GP-4 EPA 8081 BLM 22 PASI-O 35650753002 GP-5 EPA 6020 JPD 1 PAN EPA 6020 LEC 1 PASI-O PAN= Pace National-Mt.Juliet PASI-O= Pace Analytical Services-Ormond Beach REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, without the written consent of Pace Analytical Services,LLC. Page 5 of 17 Pace Analytical Services,LLC aceAnal,tical 3610 Park Central Blvd N JI/� if Pompano Beach,FL 33064 www.pacelabs.com (954)58214300 SUMMARY OF DETECTION Project: 115 N. Federal Hwy-Revised Report Pace Project No.: 35650753 Lab Sample ID Client Sample ID Method Parameters Result Units Report Limit Analyzed Qualifiers 35650753001 GP-4 EPA 8081 Dieldrin 0.0072 I ug/L 0.0099 07/29/21 19:48 1 p 35650753002 GP-5 EPA 6020 Arsenic 8.11 ug/L 2.00 08/19/21 17:52 EPA 6020 Arsenic 6.5 ug/L 1.0 07/30/21 15:55 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, without the written consent of Pace Analytical Services,LLC. Page 6 of 17 Pace Analytical Services,LLC aceAnal,tical 3610 Park Central Blvd N JI/� if Pompano Beach,FL 33064 www.pacelabs.com (954)58214300 ANALYTICAL RESULTS Project: 115 N. Federal Hwy-Revised Report Pace Project No.: 35650753 Sample: GP-4 Lab ID: 35650753001 Collected: 07/26/21 10:31 Received: 07/27/21 14:02 Matrix: Water Parameters Results Units PQL MDL DF Prepared Analyzed CAS No. Qual 8081 GCS Pesticides Analytical Method: EPA 8081 Preparation Method: EPA 3510 Pace Analytical Services-Ormond Beach Aldrin 0.0040 U ug/L 0.0099 0.0040 1 07/29/21 09:33 07/29/21 19:48 309-00-2 1 p alpha-BHC 0.0021 U ug/L 0.0099 0.0021 1 07/29/21 09:33 07/29/21 19:48 319-84-6 1 p beta-BHC 0.020 U ug/L 0.030 0.020 1 07/29/21 09:33 07/29/21 19:48 319-85-7 1 p delta-BHC 0.0048 U ug/L 0.0099 0.0048 1 07/29/21 09:33 07/29/21 19:48 319-86-8 1p gamma-BHC(Lindane) 0.0022 U ug/L 0.0099 0.0022 1 07/29/2109:33 07/29/2119:48 58-89-9 1p Chlordane(Technical) 0.24 U ug/L 0.50 0.24 1 07/29/21 09:33 07/29/21 19:48 57-74-9 1 p 4,4'-DDD 0.0027 U ug/L 0.0099 0.0027 1 07/29/21 09:33 07/29/21 19:48 72-54-8 1 p, J(CU) 4,4'-DDE 0.0050 U ug/L 0.0099 0.0050 1 07/29/21 09:33 07/29/21 19:48 72-55-9 1 p 4,4'-DDT 0.0050 U ug/L 0.0099 0.0050 1 07/29/21 09:33 07/29/21 19:48 50-29-3 1 p Dieldrin 0.0072 1 ug/L 0.0099 0.0020 1 07/29/21 09:33 07/29/21 19:48 60-57-1 1 p Endosulfan 1 0.0050 U ug/L 0.0099 0.0050 1 07/29/21 09:33 07/29/21 19:48 959-98-8 1 p Endosulfan 11 0.0040 U ug/L 0.0099 0.0040 1 07/29/21 09:33 07/29/21 19:48 33213-65-9 1 p Endosulfan sulfate 0.0061 U ug/L 0.099 0.0061 1 07/29/21 09:33 07/29/21 19:48 1031-07-8 1p Endrin 0.0043 U ug/L 0.0099 0.0043 1 07/29/21 09:33 07/29/21 19:48 72-20-8 1 p Endrin aldehyde 0.0036 U ug/L 0.099 0.0036 1 07/29/21 09:33 07/29/21 19:48 7421-93-4 1p Endrin ketone 0.0050 U ug/L 0.0099 0.0050 1 07/29/21 09:33 07/29/21 19:48 53494-70-5 1 p Heptachlor 0.0061 U ug/L 0.0099 0.0061 1 07/29/21 09:33 07/29/21 19:48 76-44-8 1 p Heptachlor epoxide 0.016 U ug/L 0.020 0.016 1 07/29/21 09:33 07/29/21 19:48 1024-57-3 1 p Methoxychlor 0.0042 U ug/L 0.0099 0.0042 1 07/29/21 09:33 07/29/21 19:48 72-43-5 1 p Toxaphene 0.25 U ug/L 0.50 0.25 1 07/29/21 09:33 07/29/21 19:48 8001-35-2 1p Surrogates Tetrachloro-m-xylene(S) 71 % 27-124 1 07/29/21 09:33 07/29/21 19:48 877-09-8 Decachlorobiphenyl(S) 44 % 10-132 1 07/29/21 09:33 07/29/21 19:48 2051-24-3 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:08/23/2021 04:16 PM without the written consent of Pace Analytical Services,LLC. Page 7 of 17 Pace Analytical Services,LLC aceAnal,tical 3610 Park Central Blvd N JI/� if Pompano Beach,FL 33064 www.pacelabs.com (954)58214300 ANALYTICAL RESULTS Project: 115 N. Federal Hwy-Revised Report Pace Project No.: 35650753 Sample: GP-5 Lab ID: 35650753002 Collected: 07/26/21 11:20 Received: 07/27/21 14:02 Matrix: Water Parameters Results Units PQL MDL DF Prepared Analyzed CAS No. Qual Metals(ICPMS)6020 Analytical Method: EPA6020 Preparation Method:3015 Pace National-Mt.Juliet Arsenic 8.11 ug/L 2.00 0.180 1 08/19/2101:07 08/19/2117:52 7440-38-2 6020 MET ICPMS Analytical Method: EPA 6020 Preparation Method: EPA 3010 Pace Analytical Services-Ormond Beach Arsenic 6.5 ug/L 1.0 0.50 1 07/30/2102:03 07/30/21 15:55 7440-38-2 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:08/23/2021 04:16 PM without the written consent of Pace Analytical Services,LLC. Page 8 of 17 Pace Analytical Services,LLC aceAnal,tical 3610 Park Central Blvd N JI/� if Pompano Beach,FL 33064 www.pacelabs.com (954)58214300 QUALITY CONTROL DATA Project: 115 N. Federal Hwy-Revised Report Pace Project No.: 35650753 QC Batch: 1725251 Analysis Method: EPA 6020 QC Batch Method: 3015 Analysis Description: Metals(ICPMS)6020 Laboratory: Pace National-Mt.Juliet Associated Lab Samples: 35650753002 METHOD BLANK: R3694133-1 Matrix: Water Associated Lab Samples: 35650753002 Blank Reporting Parameter Units Result Limit MDL Analyzed Qualifiers Arsenic ug/L 0.180 U 2.00 0.180 08/19/21 15:56 LABORATORY CONTROL SAMPLE: R3694133-2 Spike LCS LCS % Rec Parameter Units Conc. Result % Rec Limits Qualifiers Arsenic ug/L 50.0 46.8 93.6 80.0-120 MATRIX SPIKE&MATRIX SPIKE DUPLICATE: R3694133-4 R3694133-5 MS MSD L1390894-04 Spike Spike MS MSD MS MSD % Rec Max Parameter Units Result Conc. Conc. Result Result % Rec % Rec Limits RPD RPD Qual Arsenic ug/L 0.264 50.0 50.0 48.8 50.3 97.0 100 75.0-125 3.04 20 Results presented on this page are in the units indicated by the"Units"column except where an alternate unit is presented to the right of the result. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:08/23/2021 04:16 PM without the written consent of Pace Analytical Services,LLC. Page 9 of 17 Pace Analytical Services,LLC aceAnal,tical 3610 Park Central Blvd N JI/� if Pompano Beach,FL 33064 www.pacelabs.com (954)58214300 QUALITY CONTROL DATA Project: 115 N. Federal Hwy-Revised Report Pace Project No.: 35650753 QC Batch: 749743 Analysis Method: EPA 6020 QC Batch Method: EPA 3010 Analysis Description: 6020 MET Laboratory: Pace Analytical Services-Ormond Beach Associated Lab Samples: 35650753002 METHOD BLANK: 4093320 Matrix: Water Associated Lab Samples: 35650753002 Blank Reporting Parameter Units Result Limit MDL Analyzed Qualifiers Arsenic ug/L 0.50 U 1.0 0.50 08/01/21 15:22 LABORATORY CONTROL SAMPLE: 4093321 Spike LCS LCS % Rec Parameter Units Conc. Result % Rec Limits Qualifiers Arsenic ug/L 50 50.8 102 80-120 MATRIX SPIKE&MATRIX SPIKE DUPLICATE: 4093322 4093323 MS MSD 35650585001 Spike Spike MS MSD MS MSD % Rec Max Parameter Units Result Conc. Conc. Result Result % Rec % Rec Limits RPD RPD Qual Arsenic ug/L 2.5 50 50 46.1 46.2 87 87 75-125 0 20 Results presented on this page are in the units indicated by the"Units"column except where an alternate unit is presented to the right of the result. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:08/23/2021 04:16 PM without the written consent of Pace Analytical Services,LLC. Page 10 of 17 Pace Analytical Services,LLC aceAnal,tical 3610 Park Central Blvd N JI/� if Pompano Beach,FL 33064 www.pacelabs.com (954)58214300 QUALITY CONTROL DATA Project: 115 N. Federal Hwy-Revised Report Pace Project No.: 35650753 QC Batch: 749444 Analysis Method: EPA 8081 QC Batch Method: EPA 3510 Analysis Description: 8081 GCS Pesticides Laboratory: Pace Analytical Services-Ormond Beach Associated Lab Samples: 35650753001 METHOD BLANK: 4091419 Matrix: Water Associated Lab Samples: 35650753001 Blank Reporting Parameter Units Result Limit MDL Analyzed Qualifiers 4,4'-DDD ug/L 0.0027 U 0.010 0.0027 07/29/21 18:02 J(CU) 4,4'-DDE ug/L 0.0050 U 0.010 0.0050 07/29/21 18:02 4,4'-DDT ug/L 0.0051 U 0.010 0.0051 07/29/21 18:02 Aldrin ug/L 0.0040 U 0.010 0.0040 07/29/21 18:02 alpha-BHC ug/L 0.0021 U 0.010 0.0021 07/29/21 18:02 beta-BHC ug/L 0.020 U 0.030 0.020 07/29/21 18:02 Chlordane(Technical) ug/L 0.25 U 0.50 0.25 07/29/21 18:02 delta-BHC ug/L 0.0048 U 0.010 0.0048 07/29/21 18:02 Dieldrin ug/L 0.0020 U 0.010 0.0020 07/29/21 18:02 Endosulfan I ug/L 0.0051 U 0.010 0.0051 07/29/21 18:02 Endosulfan 11 ug/L 0.0040 U 0.010 0.0040 07/29/21 18:02 Endosulfan sulfate ug/L 0.0062 U 0.10 0.0062 07/29/21 18:02 Endrin ug/L 0.0043 U 0.010 0.0043 07/29/21 18:02 Endrin aldehyde ug/L 0.0036 U 0.10 0.0036 07/29/21 18:02 Endrin ketone ug/L 0.0050 U 0.010 0.0050 07/29/21 18:02 gamma-BHC(Lindane) ug/L 0.0022 U 0.010 0.0022 07/29/21 18:02 Heptachlor ug/L 0.0062 U 0.010 0.0062 07/29/21 18:02 Heptachlor epoxide ug/L 0.016 U 0.020 0.016 07/29/21 18:02 Methoxychlor ug/L 0.0042 U 0.010 0.0042 07/29/21 18:02 Toxaphene ug/L 0.25 U 0.50 0.25 07/29/21 18:02 Decachlorobiphenyl(S) % 96 10-132 07/29/21 18:02 Tetrachloro-m-xylene(S) % 68 27-124 07/29/21 18:02 LABORATORY CONTROL SAMPLE&LCSD: 4091420 4091608 Spike LCS LCSD LCS LCSD % Rec Max Parameter Units Conc. Result Result % Rec % Rec Limits RPD RPD Qualifiers 4,4'-DDD ug/L 0.5 0.63 0.64 127 129 67-133 2 40 J(CU) 4,4'-DDE ug/L 0.5 0.54 0.55 107 110 59-125 2 40 4,4'-DDT ug/L 0.5 0.43 0.43 86 85 54-132 1 40 Aldrin ug/L 0.5 0.39 0.41 77 81 25-116 5 40 alpha-BHC ug/L 0.5 0.46 0.46 91 91 53-126 0 40 beta-BHC ug/L 0.5 0.49 0.50 98 99 62-130 1 40 delta-BHC ug/L 0.5 0.50 0.51 100 101 35-122 2 40 Dieldrin ug/L 0.5 0.53 0.54 106 108 66-128 2 40 Endosulfan I ug/L 0.5 0.52 0.53 104 105 67-125 1 40 Endosulfan 11 ug/L 0.5 0.54 0.55 108 110 67-131 2 40 Endosulfan sulfate ug/L 0.5 0.55 0.55 109 111 62-127 1 40 Endrin ug/L 0.5 0.51 0.52 103 105 66-130 2 40 Endrin aldehyde ug/L 0.5 0.54 0.55 108 109 61-124 1 40 Results presented on this page are in the units indicated by the"Units"column except where an alternate unit is presented to the right of the result. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:08/23/2021 04:16 PM without the written consent of Pace Analytical Services,LLC. Page 11 of 17 Pace Analytical Services,LLC aceAnal,tical 3610 Park Central Blvd N JI/� if Pompano Beach,FL 33064 www.pacelabs.com (954)58214300 QUALITY CONTROL DATA Project: 115 N. Federal Hwy-Revised Report Pace Project No.: 35650753 LABORATORY CONTROL SAMPLE&LCSD: 4091420 4091608 Spike LCS LCSD LCS LCSD % Rec Max Parameter Units Conc. Result Result % Rec % Rec Limits RPD RPD Qualifiers Endrin ketone ug/L 0.5 0.56 0.56 111 113 65-132 2 40 gamma-BHC(Lindane) ug/L 0.5 0.48 0.48 95 96 58-127 1 40 Heptachlor ug/L 0.5 0.41 0.42 82 85 35-123 3 40 Heptachlor epoxide ug/L 0.5 0.51 0.51 101 103 62-125 2 40 Methoxychlor ug/L 0.5 0.45 0.45 90 90 59-135 0 40 Decachlorobiphenyl(S) % 87 78 10-132 Tetrachloro-m-xylene(S) % 69 71 27-124 Results presented on this page are in the units indicated by the"Units"column except where an alternate unit is presented to the right of the result. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:08/23/2021 04:16 PM without the written consent of Pace Analytical Services,LLC. Page 12 of 17 Pace Analytical Services,LLC aceAnal,tical 3610 Park Central Blvd N JI/� if Pompano Beach,FL 33064 www.pacelabs.com (954)58214300 QUALIFIERS Project: 115 N. Federal Hwy-Revised Report Pace Project No.: 35650753 DEFINITIONS DF-Dilution Factor, if reported,represents the factor applied to the reported data due to dilution of the sample aliquot. ND-Not Detected at or above adjusted reporting limit. TNTC-Too Numerous To Count MDL-Adjusted Method Detection Limit. PQL-Practical Quantitation Limit. RL-Reporting Limit-The lowest concentration value that meets project requirements for quantitative data with known precision and bias for a specific analyte in a specific matrix. S-Surrogate 1,2-Diphenylhydrazine decomposes to and cannot be separated from Azobenzene using Method 8270.The result for each analyte is a combined concentration. Consistent with EPA guidelines, unrounded data are displayed and have been used to calculate%recovery and RPD values. LCS(D)-Laboratory Control Sample(Duplicate) MS(D)-Matrix Spike(Duplicate) DUP-Sample Duplicate RPD-Relative Percent Difference NC-Not Calculable. SG-Silica Gel-Clean-Up U-Indicates the compound was analyzed for, but not detected. N-Nitrosodiphenylamine decomposes and cannot be separated from Diphenylamine using Method 8270. The result reported for each analyte is a combined concentration. Pace Analytical is TNI accredited.Contact your Pace PM for the current list of accredited analytes. TNI-The NELAC Institute. BATCH QUALIFIERS Batch: 749444 [M5] A matrix spike/matrix spike duplicate was not performed for this batch due to insufficient sample volume. ANALYTE QUALIFIERS I The reported value is between the laboratory method detection limit and the laboratory practical quantitation limit. U Compound was analyzed for but not detected. 1 p A matrix spike/matrix spike duplicate was not performed for this batch due to insufficient sample volume. J(CU) The continuing calibration for this compound is above method acceptance limits.Analyte presence is not detected in associated samples. Results unaffected by high bias. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:08/23/2021 04:16 PM without the written consent of Pace Analytical Services,LLC. Page 13 of 17 Pace Analytical Services,LLC aceAnal,tical 3610 Park Central Blvd N JI/� if Pompano Beach,FL 33064 www.pacelabs.com (954)58214300 QUALITY CONTROL DATA CROSS REFERENCE TABLE Project: 115 N. Federal Hwy-Revised Report Pace Project No.: 35650753 Analytical Lab ID Sample ID QC Batch Method QC Batch Analytical Method Batch 35650753001 GP-4 EPA 3510 749444 EPA 8081 749643 35650753002 GP-5 3015 1725251 EPA 6020 1725251 35650753002 GP-5 EPA 3010 749743 EPA 6020 749752 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:08/23/2021 04:16 PM without the written consent of Pace Analytical Services,LLC. Page 14 of 17 r t co E a rD " oma or �naz°aopcn �t f7 p i y '�rna za N E o 0 4— wawa NF>(D 1p-' �° U0 m m W ••'�• t t 1 M m =2zz E g E §�•_ v "3 �3vQ Wli CSS '' ` i a v v 3 oEv° r cs i � ac7 vNr1 c ey �_. N � v •' 3 �} O -FEaa pa (€1 o�LLZ2r333 ZOO >vaa Ua a rn darn w I_ Q0]U❑ '•-�,�� z° in [� ]i ¢ u 5 0L09 pea- 'Ssl(] (i 3,dW`dX3 r Z J ri S o a f-' f ® J a - w J Fl El El 11 El D _ E c' E o : C 11 El 11117Ll1I r� 1-1 EC ' > - El 1:1 El IEJ 0 0 k k El njI Ln '. n ' t El [� ' 0 1. 11 1 o O D � Q aN El lEl El g �U t 4pN�� w I 1 El0 11 El Ind El U 8o- U) Q �......r7Ell IN 1111 °� , 11m ^, a a �`� i M a MEE y ( J z _ p ami E CL LU Q 1 > Zt a,m vi t U d p t 9 ( If! - � f0 z1111", ��+" v - -- >Z "'•. :_ v a m r N CO d LO CO I-- CO 67 O E E E N M [t s < u ¢ a) n.z U)U) I trf ag 15 17 Issuing Autiiority, F-FL-C-007 rev.13 Pace Florida QualKy Office | / PM: CTR Due Date: 08/02/21 Date — Initials--- ~' �—'~~^' ProjectExamining�'— — - CLIENT: 36—NUTTEN Label. � Cyie De � Thermometer Used; Date: Time: 2 |nitials� State of For wwprojects,all containers verified m56',c - Cooler#I � '—'', ---��3_(uonnoxmnFummr) __(ActuoU [] Samples"nice,cooling process has begun C�v|o,om romp'~« �VisvoV —(Correction Factor) _?—___*omu; [] Samples"oice,cooling process has begun Cooler*wT*mp.~o---____ (v1suaV ________(ovnomionFactor)_______(ActuaV [] Samples"'ice,cooling process has begun Cooler**T=mP.~q--____ (VwuoV ________cnnnoxionFactor)_______(/mtuaV [] Samples"oice,cooling process has begun Cooler w«Temp.^c—_—_—__ywouaV ________(ov,mouvnFactor)_______(xmtuoU 10 Samples onice,cooling process has begun Cooler| moTm mP.^C----___(Visuw|1 �Correction Factor)_______(Aoum) [] Samples"nice,cooling process has begun Courier: [] FedEx [] UPS []UGpS [] Client ;21- ommemio| [] puoa El Other Shipping Method: up/mtovonniVm opnvn�owe,oiom o �Standard Overnight ommunu oInternational Priority El Other omme: El Recipient owonuo, oThird Party oCredit Card ounmnmwo Tracking* / Custody Seal o"Cooler/Box Pmsent: []wv meo�in,ocm' r� ~�� []mo m°' o|uo on None / '-- '�pp`"" . �,�� Packing Material: []av»u�vv�p �»u|0000n []mono [�owoc_______ 7_ �— mumpmmsho�odxn�u(nn�.cnmpmuw Shorted Date: ' Shorted Time: oty:------ lChain of Custody Present EY9es El No EIN/A Comments' Chain of Custody Filled Out es 0 No ON/A Relinquishe Samples Arrived within Hold Time Yes 0 No ON/A Rush TAT requested on COC DYes 04No ONIA Correct Containers Used /Yes 0 No EIN/A Sample Labels mawn Uu';(Sample IDs dateflime of collection) Yes 11 No IINIA All containers needing ackithase proservation have been checked, Preservation Information: 0 No EIN/A Preservative: All Containers needing preservation are found to be in s Lot#rrrace#......................... compliance with EPA recommenclation: Yes 0 No ON/A Date: Tlme_ Ucel)tloris�VOA.Coliform,TOC,O&G,Carb.Taews, Initials: Trip Blank Present: E]Yes 0 No L�i /A Client Notification/Resolution: Person Contacted: oaoemnne: Comments/Resolution(use back for additional cnmmoms): Project Manager Review: Date: Page 1sor1r ocumentam : eDocument erose /rtacl., Sample Condition Upon Receipt Form May 30,2018 �. a..0�.+ .,tir• ocurnent 0.: Issuing 0 orrdy: F-FL-C-007 rev VA Pace Florida Quality Office 05 Project# PM: CTR Due Date: 08/02/21 Date and Initials of person: Project Manager; CLIENT: 36—NUTTEN Examining contents: Label: Client: Deliver: 1,� PH: Thermometer Used: V Date: Time:V V Initials: State of rigin: [] For 7;e tainers verified to s�6°C Cooler#1 Temp.°C (Visual) (Correction Factor) tual) JQ Samples on ice,cooling process has begun Cooler#2 Temp.°C (Visual) (Correction Factor) tual) /❑ Samples on ice,cooling process has begun Cooler#3 Temp.°C (Visual) (Correction Factor) (Actual ❑ Samples on ice,cooling process has begun Cooler 94 Temp.°C (Visual) (Correction Factor) (Actual) ❑ Samples on ice,cooling process has begun Cooler#5 Temp.°C (Visual) (Correction Factor) (Actual) ❑ Samples on ice,cooling process has begun Cooler#6 Temp.°C (Visual) (Correction Factor) (Actual) ❑ Samples on ice,cooling process has begun Courier: ❑ Fed Ex ❑ UPS ❑USPS Client ❑ Commercial ❑ Pace ❑Other Shipping Method: ❑ First Overnight ❑ Priority Overnight ❑ Standard Overnight ❑ Ground ❑ International Priority ❑ Other_ Billing: ❑Recipient ❑ Sender ❑ Third Party ❑ Credit Card ❑ Unknown Tracking# Custody Seal on Cooler/Box Present: ❑Yes �]No Seals intact: ❑ Yes ❑No Ice; W/ Blue Dry None Packing Material: ❑Bubble Wrap ❑Bubble Bags ❑None ❑Other Samples shorted to lab(If Yes,complete) Shorted Date: Shorted Time: Qty: Comments: Chain of Custody Present []Yes ❑No ❑N/A Chain of Custody Filled Out ❑Yes ❑No ❑N/A Relinquished Signature&Sampler Name COC ❑Yes ❑No ❑N/A Samples Arrived within Hold Time ❑Yes ❑No ❑N/A Rush TAT requested on COC ❑Yes ❑No ❑N/A Sufficient Volume ❑Yes ❑No ❑N/A Correct Containers Used dYes ❑No 1:1 N/A Containers Intact []Yes ❑No ❑N/A Sample Labels match COC(sample IDs&date/time of collection) ❑Yes ❑No E]N/A All containers needing acid/base preservation have been Preservation Information: checked. ❑Yes ❑No ❑N/A Preservative: All Containers needing preservation are found to be in Lot#/Trace#:_ compliance with EPA recommendation: ❑Yes ❑No ❑N/A Date: Tiny e.-- Exceptions: .Exceptions:VOA,Coliform,TOC,O&G,Carbamates Initials Headspace in VOA Vials?(>6mm): ❑Yes ❑No ❑N/A Trip Blank Present: []Yes ❑No ❑N/A Client Notification/Resolution: Person Contacted: Date/Time: Comments/Resolution(use back for additional comments): Project Manager Review: Date: Page 17 of 17 Pace Analytical Services,LLC aceAnal,tical 3610 Park Central Blvd N JI/� if Pompano Beach,FL 33064 www.pacelabs.com (954)58214300 August 23, 2021 Jan Beernink Nutting Environmental of Florida, Inc. 1310 Neptune Drive Boynton Beach, FL 33426 RE: Project: 115 N. Federal Hwy Pace Project No.: 35655959 Dear Jan Beernink: Enclosed are the analytical results for sample(s)received by the laboratory on August 16, 2021. The results relate only to the samples included in this report. Results reported herein conform to the applicable TNI/NELAC Standards and the laboratory's Quality Manual,where applicable, unless otherwise noted in the body of the report. The test results provided in this final report were generated by each of the following laboratories within the Pace Network: • Pace National-Mt. Juliet • Pace Analytical Services-Ormond Beach If you have any questions concerning this report, please feel free to contact me. Sincerely, Christina Raschke christina.raschke@pacelabs.com (954)582-4300 Project Manager Enclosures cc: Katie Bonkowski, Nutting Environmental of Florida, Inc. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, without the written consent of Pace Analytical Services,LLC. 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Federal Hwy Pace Project No.: 35655959 Pace Analytical Services Ormond Beach 8 East Tower Circle, Ormond Beach, FL 32174 Montana Certification#:Cert 0074 Alaska DEC-CS/UST/LUST Nebraska Certification: NE-OS-28-14 Alabama Certification#:41320 New Hampshire Certification#:2958 Colorado Certification: FL NELAC Reciprocity New Jersey Certification#: FL022 Connecticut Certification#: PH-0216 New York Certification#: 11608 Delaware Certification: FL NELAC Reciprocity North Carolina Environmental Certificate#:667 Florida Certification#: E83079 North Carolina Certification#: 12710 Georgia Certification#:955 North Dakota Certification#: R-216 Guam Certification: FL NELAC Reciprocity Ohio DEP 87780 Hawaii Certification: FL NELAC Reciprocity Oklahoma Certification#: D9947 Illinois Certification#:200068 Pennsylvania Certification#:68-00547 Indiana Certification: FL NELAC Reciprocity Puerto Rico Certification#: FLO1264 Kansas Certification#: E-10383 South Carolina Certification:#96042001 Kentucky Certification#: 90050 Tennessee Certification#:TN02974 Louisiana Certification#: FL NELAC Reciprocity Texas Certification: FL NELAC Reciprocity Louisiana Environmental Certificate#:05007 US Virgin Islands Certification: FL NELAC Reciprocity Maine Certification#: FLO1264 Virginia Environmental Certification#:460165 Maryland Certification:#346 West Virginia Certification#: 9962C Michigan Certification#: 9911 Wisconsin Certification#:399079670 Mississippi Certification: FL NELAC Reciprocity Wyoming(EPA Region 8): FL NELAC Reciprocity Missouri Certification#:236 Pace Analytical Services National 12065 Lebanon Road, Mt.Juliet,TN 37122 Mississippi Certification#:TN00003 Alabama Certification#:40660 Missouri Certification#: 340 Alaska Certification 17-026 Montana Certification#:CERT0086 Arizona Certification#:AZ0612 Nebraska Certification#: NE-OS-15-05 Arkansas Certification#:88-0469 Nevada Certification#:TN-03-2002-34 California Certification#:2932 New Hampshire Certification#: 2975 Canada Certification#: 1461.01 New Jersey Certification#:TNO02 Colorado Certification#:TN00003 New Mexico DW Certification Connecticut Certification#: PH-0197 New York Certification#: 11742 DOD Certification:#1461.01 North Carolina Aquatic Toxicity Certification#:41 EPA#TN00003 North Carolina Drinking Water Certification#:21704 Florida Certification#: E87487 North Carolina Environmental Certificate#: 375 Georgia DW Certification#: 923 North Dakota Certification#: R-140 Georgia Certification: NELAP Ohio VAP Certification#: CL0069 Idaho Certification#:TN00003 Oklahoma Certification#:9915 Illinois Certification#:200008 Oregon Certification#:TN200002 Indiana Certification#: C-TN-01 Pennsylvania Certification#:68-02979 Iowa Certification#: 364 Rhode Island Certification#: LA000356 Kansas Certification#: E-10277 South Carolina Certification#: 84004 Kentucky UST Certification#: 16 South Dakota Certification Kentucky Certification#: 90010 Tennessee DW/Chem/Micro Certification#: 2006 Louisiana Certification#:A130792 Texas Mold Certification#: LABO152 Louisiana DW Certification#: LA180010 Texas Certification#:T 104704245-17-14 Maine Certification#:TN0002 USDA Soil Permit#: P330-15-00234 Maryland Certification#: 324 Utah Certification#:TN00003 Massachusetts Certification#: M-TNO03 Virginia Certification#:VT2006 Michigan Certification#: 9958 Vermont Dept.of Health: ID#VT-2006 Minnesota Certification#:047-999-395 Virginia Certification#:460132 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, without the written consent of Pace Analytical Services,LLC. Page 2 of 16 Pace Analytical Services,LLC aceAnal,tical 3610 Park Central Blvd N JI/� if Pompano Beach,FL 33064 www.pacelabs.com (954)58214300 CERTIFICATIONS Project: 115 N. Federal Hwy Pace Project No.: 35655959 Pace Analytical Services National Washington Certification#:C847 A21-A-ISO 17025 Certification#: 1461.01 West Virginia Certification#:233 A21-A-ISO 17025 Certification#: 1461.02 Wisconsin Certification#:998093910 AIHA-LAP/LLC EMLAP Certification#:100789 Wyoming UST Certification#:via A21-A 2926.01 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, without the written consent of Pace Analytical Services,LLC. Page 3 of 16 Pace Analytical Services,LLC aceAnal,tical 3610 Park Central Blvd N JI/� if Pompano Beach,FL 33064 www.pacelabs.com (954)58214300 SAMPLE SUMMARY Project: 115 N. Federal Hwy Pace Project No.: 35655959 Lab ID Sample ID Matrix Date Collected Date Received 35655959001 GP-4 Water 08/16/2114:45 08/16/2116:05 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, without the written consent of Pace Analytical Services,LLC. Page 4 of 16 Pace Analytical Services,LLC aceAnal,tical 3610 Park Central Blvd N JI/� if Pompano Beach,FL 33064 www.pacelabs.com (954)58214300 SAMPLE ANALYTE COUNT Project: 115 N. Federal Hwy Pace Project No.: 35655959 Analytes Lab ID Sample ID Method Analysts Reported Laboratory 35655959001 GP-4 EPA 8081 AMM 23 PAN PAN= Pace National-Mt.Juliet PASI-O= Pace Analytical Services-Ormond Beach REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, without the written consent of Pace Analytical Services,LLC. Page 5 of 16 Pace Analytical Services,LLC aceAnal,tical 3610 Park Central Blvd N JI/� if Pompano Beach,FL 33064 www.pacelabs.com (954)58214300 SUMMARY OF DETECTION Project: 115 N. Federal Hwy Pace Project No.: 35655959 Lab Sample ID Client Sample ID Method Parameters Result Units Report Limit Analyzed Qualifiers 35655959001 GP-4 Field pH 5.48 Std. Units 08/16/21 14:45 Field Temperature 29.6 deg C 08/16/21 14:45 Field Specific Conductance 492 umhos/cm 08/16/21 14:45 Oxygen, Dissolved 0.14 mg/L 08/16/21 14:45 Turbidity 5.41 NTU 08/16/2114:45 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, without the written consent of Pace Analytical Services,LLC. Page 6 of 16 Pace Analytical Services,LLC aceAnal,tical 3610 Park Central Blvd N JI/� if Pompano Beach,FL 33064 www.pacelabs.com (954)58214300 ANALYTICAL RESULTS Project: 115 N. Federal Hwy Pace Project No.: 35655959 Sample: GP-4 Lab ID: 35655959001 Collected: 08/16/21 14:45 Received: 08/16/21 16:05 Matrix: Water Parameters Results Units PQL MDL DF Prepared Analyzed CAS No. Qual Field Data Analytical Method: Pace Analytical Services-Ormond Beach Field pH 5.48 Std. Units 1 08/16/21 14:45 Field Temperature 29.6 deg C 1 08/16/21 14:45 Field Specific Conductance 492 umhos/cm 1 08/16/21 14:45 Oxygen, Dissolved 0.14 mg/L 1 08/16/21 14:45 7782-44-7 Turbidity 5.41 NTU 1 08/16/2114:45 Pesticides(GC)8081 Analytical Method: EPA 8081 Preparation Method:3510C Pace National-Mt.Juliet Aldrin 0.0198 U ug/L 0.0500 0.0198 1 08/20/21 08:46 08/23/21 13:09 309-00-2 alpha-BHC 0.0172 U ug/L 0.0500 0.0172 1 08/20/21 08:46 08/23/21 13:09 319-84-6 beta-BHC 0.0208 U ug/L 0.0500 0.0208 1 08/20/21 08:46 08/23/21 13:09 319-85-7 delta-BHC 0.0150 U ug/L 0.0500 0.0150 1 08/20/21 08:46 08/23/21 13:09 319-86-8 gamma-BHC(Lindane) 0.0209 U ug/L 0.0500 0.0209 1 08/20/21 08:46 08/23/21 13:09 58-89-9 Chlordane(Technical) 0.0198 U ug/L 5.00 0.0198 1 08/20/21 08:46 08/23/21 13:09 57-74-9 4,4'-DDD 0.0177 U ug/L 0.0500 0.0177 1 08/20/21 08:46 08/23/21 13:09 72-54-8 4,4'-DDE 0.0154 U ug/L 0.0500 0.0154 1 08/20/21 08:46 08/23/21 13:09 72-55-9 4,4'-DDT 0.0198 U ug/L 0.0500 0.0198 1 08/20/21 08:46 08/23/21 13:09 50-29-3 Dieldrin 0.0162 U ug/L 0.0500 0.0162 1 08/20/21 08:46 08/23/21 13:09 60-57-1 Endosulfan 1 0.0160 U ug/L 0.0500 0.0160 1 08/20/21 08:46 08/23/21 13:09 959-98-8 Endosulfan 11 0.0164 U ug/L 0.0500 0.0164 1 08/20/21 08:46 08/23/21 13:09 33213-65-9 Endosulfan sulfate 0.0217 U ug/L 0.0500 0.0217 1 08/20/21 08:46 08/23/21 13:09 1031-07-8 Endrin 0.0161 U ug/L 0.0500 0.0161 1 08/20/21 08:46 08/23/21 13:09 72-20-8 Endrin aldehyde 0.0237 U ug/L 0.0500 0.0237 1 08/20/21 08:46 08/23/21 13:09 7421-93-4 Endrin ketone 0.0219 U ug/L 0.0500 0.0219 1 08/20/21 08:46 08/23/21 13:09 53494-70-5 Hexachlorobenzene 0.0176 U ug/L 0.0500 0.0176 1 08/20/21 08:46 08/23/21 13:09 118-74-1 Heptachlor 0.0148 U ug/L 0.0500 0.0148 1 08/20/21 08:46 08/23/21 13:09 76-44-8 Heptachlor epoxide 0.0183 U ug/L 0.0500 0.0183 1 08/20/21 08:46 08/23/21 13:09 1024-57-3 Methoxychlor 0.0193 U ug/L 0.0500 0.0193 1 08/20/21 08:46 08/23/21 13:09 72-43-5 Toxaphene 0.168 U ug/L 0.500 0.168 1 08/20/21 08:46 08/23/21 13:09 8001-35-2 Surrogates Decachlorobiphenyl(S) 14.7 % 10.0-128 1 08/20/21 08:46 08/23/21 13:09 2051-24-3 Tetrachloro-m-xylene(S) 53.0 % 10.0-127 1 08/20/21 08:46 08/23/21 13:09 877-09-8 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:08/23/2021 09:05 PM without the written consent of Pace Analytical Services,LLC. Page 7 of 16 Pace Analytical Services,LLC aceAnal,tical 3610 Park Central Blvd N JI/� if Pompano Beach,FL 33064 www.pacelabs.com (954)58214300 QUALITY CONTROL DATA Project: 115 N. Federal Hwy Pace Project No.: 35655959 QC Batch: 1726079 Analysis Method: EPA 8081 QC Batch Method: 3510C Analysis Description: Pesticides(GC)8081 Laboratory: Pace National-Mt.Juliet Associated Lab Samples: 35655959001 METHOD BLANK: R3695334-1 Matrix: Water Associated Lab Samples: 35655959001 Blank Reporting Parameter Units Result Limit MDL Analyzed Qualifiers Aldrin ug/L 0.0198 U 0.0500 0.0198 08/23/21 10:34 alpha-BHC ug/L 0.0172 U 0.0500 0.0172 08/23/21 10:34 beta-BHC ug/L 0.0208 U 0.0500 0.0208 08/23/21 10:34 delta-BHC ug/L 0.0150 U 0.0500 0.0150 08/23/21 10:34 gamma-BHC(Lindane) ug/L 0.0209 U 0.0500 0.0209 08/23/21 10:34 4,4'-DDD ug/L 0.0177 U 0.0500 0.0177 08/23/21 10:34 4,4'-DDE ug/L 0.0154 U 0.0500 0.0154 08/23/21 10:34 4,4'-DDT ug/L 0.0198 U 0.0500 0.0198 08/23/21 10:34 Dieldrin ug/L 0.0162 U 0.0500 0.0162 08/23/21 10:34 Endosulfan I ug/L 0.0160 U 0.0500 0.0160 08/23/21 10:34 Endosulfan 11 ug/L 0.0164 U 0.0500 0.0164 08/23/21 10:34 Endosulfan sulfate ug/L 0.0217 U 0.0500 0.0217 08/23/21 10:34 Endrin ug/L 0.0161 U 0.0500 0.0161 08/23/21 10:34 Endrin aldehyde ug/L 0.0237 U 0.0500 0.0237 08/23/21 10:34 Endrin ketone ug/L 0.0219 U 0.0500 0.0219 08/23/21 10:34 Heptachlor ug/L 0.0148 U 0.0500 0.0148 08/23/21 10:34 Heptachlor epoxide ug/L 0.0183 U 0.0500 0.0183 08/23/21 10:34 Hexachlorobenzene ug/L 0.0176 U 0.0500 0.0176 08/23/21 10:34 Methoxychlor ug/L 0.0193 U 0.0500 0.0193 08/23/21 10:34 Chlordane(Technical) ug/L 0.0198 U 5.00 0.0198 08/23/21 10:34 Toxaphene ug/L 0.168 U 0.500 0.168 08/23/21 10:34 Decachlorobiphenyl(S) % 70.8 10.0-128 08/23/21 10:34 Tetrachloro-m-xylene(S) % 127 10.0-127 08/23/21 10:34 METHOD BLANK: R3695334-2 Matrix: Water Associated Lab Samples: 35655959001 Blank Reporting Parameter Units Result Limit MDL Analyzed Qualifiers Aldrin ug/L 0.0198 U 0.0500 0.0198 08/23/21 10:34 alpha-BHC ug/L 0.0172 U 0.0500 0.0172 08/23/21 10:34 beta-BHC ug/L 0.0208 U 0.0500 0.0208 08/23/21 10:34 delta-BHC ug/L 0.0150 U 0.0500 0.0150 08/23/21 10:34 gamma-BHC(Lindane) ug/L 0.0209 U 0.0500 0.0209 08/23/21 10:34 4,4'-DDD ug/L 0.0177 U 0.0500 0.0177 08/23/21 10:34 4,4'-DDE ug/L 0.0154 U 0.0500 0.0154 08/23/21 10:34 4,4'-DDT ug/L 0.0198 U 0.0500 0.0198 08/23/21 10:34 Dieldrin ug/L 0.0162 U 0.0500 0.0162 08/23/21 10:34 Endosulfan I ug/L 0.0160 U 0.0500 0.0160 08/23/21 10:34 Results presented on this page are in the units indicated by the"Units"column except where an alternate unit is presented to the right of the result. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:08/23/2021 09:05 PM without the written consent of Pace Analytical Services,LLC. Page 8 of 16 Pace Analytical Services,LLC aceAnal,tical 3610 Park Central Blvd N JI/� if Pompano Beach,FL 33064 www.pacelabs.com (954)58214300 QUALITY CONTROL DATA Project: 115 N. Federal Hwy Pace Project No.: 35655959 METHOD BLANK: R3695334-2 Matrix: Water Associated Lab Samples: 35655959001 Blank Reporting Parameter Units Result Limit MDL Analyzed Qualifiers Endosulfan II ug/L 0.0164 U 0.0500 0.0164 08/23/21 10:34 Endosulfan sulfate ug/L 0.0217 U 0.0500 0.0217 08/23/21 10:34 Endrin ug/L 0.0161 U 0.0500 0.0161 08/23/21 10:34 Endrin aldehyde ug/L 0.0237 U 0.0500 0.0237 08/23/21 10:34 Endrin ketone ug/L 0.0219 U 0.0500 0.0219 08/23/21 10:34 Heptachlor ug/L 0.0148 U 0.0500 0.0148 08/23/21 10:34 Heptachlor epoxide ug/L 0.0183 U 0.0500 0.0183 08/23/21 10:34 Hexachlorobenzene ug/L 0.0176 U 0.0500 0.0176 08/23/21 10:34 Methoxychlor ug/L 0.0193 U 0.0500 0.0193 08/23/21 10:34 Chlordane(Technical) ug/L 0.0198 U 5.00 0.0198 08/23/21 10:34 Toxaphene ug/L 0.168 U 0.500 0.168 08/23/21 10:34 Decachlorobiphenyl(S) % 36.7 10.0-128 08/23/21 10:34 Tetrachloro-m-xylene(S) % 79.7 10.0-127 08/23/21 10:34 LABORATORY CONTROL SAMPLE: R3695334-3 Spike LCS LCS % Rec Parameter Units Conc. Result % Rec Limits Qualifiers Aldrin ug/L 1.00 0.838 83.8 22.0-124 alpha-BHC ug/L 1.00 1.04 104 54.0-130 beta-BHC ug/L 1.00 1.12 112 53.0-136 delta-BHC ug/L 1.00 1.15 115 54.0-133 gamma-BHC(Lindane) ug/L 1.00 1.11 111 55.0-129 4,4'-DDD ug/L 1.00 0.959 95.9 56.0-140 4,4'-DDE ug/L 1.00 0.886 88.6 52.0-128 4,4'-DDT ug/L 1.00 0.997 99.7 50.0-141 Dieldrin ug/L 1.00 0.962 96.2 59.0-133 Endosulfan I ug/L 1.00 0.967 96.7 57.0-131 Endosulfan 11 ug/L 1.00 0.979 97.9 58.0-133 Endosulfan sulfate ug/L 1.00 0.909 90.9 58.0-133 P9 Endrin ug/L 1.00 0.986 98.6 57.0-134 Endrin aldehyde ug/L 1.00 0.874 87.4 53.0-129 Endrin ketone ug/L 1.00 1.00 100 60.0-145 Heptachlor ug/L 1.00 0.972 97.2 27.0-132 Heptachlor epoxide ug/L 1.00 0.996 99.6 57.0-130 Hexachlorobenzene ug/L 1.00 0.889 88.9 30.0-114 Methoxychlor ug/L 1.00 0.911 91.1 54.0-155 P9 Decachlorobiphenyl(S) % 39.0 10.0-128 Tetrachloro-m-xylene(S) % 83.1 10.0-127 Results presented on this page are in the units indicated by the"Units"column except where an alternate unit is presented to the right of the result. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:08/23/2021 09:05 PM without the written consent of Pace Analytical Services,LLC. Page 9 of 16 Pace Analytical Services,LLC aceAnal,tical 3610 Park Central Blvd N JI/� if Pompano Beach,FL 33064 www.pacelabs.com (954)58214300 QUALITY CONTROL DATA Project: 115 N. Federal Hwy Pace Project No.: 35655959 MATRIX SPIKE&MATRIX SPIKE DUPLICATE: R3695334-6 R3695334-7 MS MSD 35655959001 Spike Spike MS MSD MS MSD % Rec Max Parameter Units Result Conc. Conc. Result Result % Rec % Rec Limits RPD RPD Qual Aldrin ug/L ND 1.00 1.00 0.436 0.361 43.6 36.1 10.0-141 18.8 40 P9 alpha-BHC ug/L ND 1.00 1.00 0.527 0.503 52.7 50.3 10.0-145 4.66 40 P9 beta-BHC ug/L ND 1.00 1.00 0.531 0.551 53.1 55.1 14.0-146 3.70 35 P9 delta-BHC ug/L ND 1.00 1.00 0.550 0.541 55.0 54.1 17.0-143 1.65 38 P9 gamma-BHC(Lindane) ug/L ND 1.00 1.00 0.529 0.523 52.9 52.3 14.0-141 1.14 40 P9 4,4'-DDD ug/L ND 1.00 1.00 0.451 0.321 45.1 32.1 10.0-160 33.7 38 P9 4,4'-DDE ug/L ND 1.00 1.00 0.376 0.262 37.6 26.2 10.0-159 35.7 35 J(R1), P9 4,4'-DDT ug/L ND 1.00 1.00 0.395 0.263 39.5 26.3 10.0-160 40.1 38 J(R1), P9 Dieldrin ug/L ND 1.00 1.00 0.455 0.360 45.5 36.0 10.0-158 23.3 38 P9 Endosulfan I ug/L ND 1.00 1.00 0.448 0.372 44.8 37.2 10.0-153 18.5 36 P9 Endosulfan II ug/L ND 1.00 1.00 0.446 0.347 44.6 34.7 10.0-159 25.0 39 P9 Endosulfan sulfate ug/L ND 1.00 1.00 0.387 0.401 38.7 40.1 23.0-147 3.55 35 P9 Endrin ug/L ND 1.00 1.00 0.465 0.353 46.5 35.3 10.0-160 27.4 39 P9 Endrin aldehyde ug/L ND 1.00 1.00 0.384 0.343 38.4 34.3 10.0-148 11.3 38 P9 Endrin ketone ug/L ND 1.00 1.00 0.498 0.331 49.8 33.1 10.0-160 40.3 40 J(R1), P9 Heptachlor ug/L ND 1.00 1.00 0.518 0.421 51.8 42.1 16.0-136 20.7 40 P9 Heptachlor epoxide ug/L ND 1.00 1.00 0.485 0.389 48.5 38.9 10.0-160 22.0 36 P9 Hexachlorobenzene ug/L ND 1.00 1.00 0.704 0.623 70.4 62.3 10.0-130 12.2 40 Methoxychlor ug/L ND 1.00 1.00 0.494 0.296 49.4 29.6 10.0-160 50.1 34 J(R1), P9 Decachlorobiphenyl(S) % 22.7 20.4 10.0-128 Tetrachloro-m-xylene(S) % 50.6 45.1 10.0-127 Results presented on this page are in the units indicated by the"Units"column except where an alternate unit is presented to the right of the result. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:08/23/2021 09:05 PM without the written consent of Pace Analytical Services,LLC. Page 10 of 16 Pace Analytical Services,LLC aceAnal,tical 3610 Park Central Blvd N JI/� if Pompano Beach,FL 33064 www.pacelabs.com (954)58214300 QUALIFIERS Project: 115 N. Federal Hwy Pace Project No.: 35655959 DEFINITIONS DF-Dilution Factor, if reported,represents the factor applied to the reported data due to dilution of the sample aliquot. ND-Not Detected at or above adjusted reporting limit. TNTC-Too Numerous To Count MDL-Adjusted Method Detection Limit. PQL-Practical Quantitation Limit. RL-Reporting Limit-The lowest concentration value that meets project requirements for quantitative data with known precision and bias for a specific analyte in a specific matrix. S-Surrogate 1,2-Diphenylhydrazine decomposes to and cannot be separated from Azobenzene using Method 8270.The result for each analyte is a combined concentration. Consistent with EPA guidelines, unrounded data are displayed and have been used to calculate%recovery and RPD values. LCS(D)-Laboratory Control Sample(Duplicate) MS(D)-Matrix Spike(Duplicate) DUP-Sample Duplicate RPD-Relative Percent Difference NC-Not Calculable. SG-Silica Gel-Clean-Up U-Indicates the compound was analyzed for, but not detected. N-Nitrosodiphenylamine decomposes and cannot be separated from Diphenylamine using Method 8270. The result reported for each analyte is a combined concentration. Pace Analytical is TNI accredited.Contact your Pace PM for the current list of accredited analytes. TNI-The NELAC Institute. ANALYTE QUALIFIERS U Compound was analyzed for but not detected. J(R1) Estimated Value. RPD value was outside control limits. P9 RPD between the primary and confirmatory analysis exceeded 40%. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:08/23/2021 09:05 PM without the written consent of Pace Analytical Services,LLC. Page 11 of 16 Pace Analytical Services,LLC aceAnal,tical 3610 Park Central Blvd N JI/� if Pompano Beach,FL 33064 www.pacelabs.com (954)58214300 QUALITY CONTROL DATA CROSS REFERENCE TABLE Project: 115 N. Federal Hwy Pace Project No.: 35655959 Analytical Lab ID Sample ID QC Batch Method QC Batch Analytical Method Batch 35655959001 GP-4 35655959001 GP-4 3510C 1726079 EPA 8081 1726079 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:08/23/2021 09:05 PM without the written consent of Pace Analytical Services,LLC. 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DEPTH COND. DISSOLVED VOLUME VOLUME PURGE TO PH TEMP. (circle units) OXYGEN TURBIDITY COLOR ODOR TIME PURGED (standard o µ (circle units) PURGED RATE WATER units) ( C) mhos/cm m !L or (NTUs) (describe) (describe) (gallons) (gallons) (gPm) (feet) or µS/cm %saturation G L c3,Z HI , 61 S 21 P Le tl I-7 b. 1Z 4 S) •lti�- r �► f �, �� ►' Z d zea S, �� �. Z _ 100 6. )S -7 c��. WELL CAPACITY(Gallons Per Foot): 0.75"=0.02; 1"=0.04; 1.25"=0.06; 2"=0.16; 3"=0.37; 4"=0.65; 5"=1.02; 6"=1.47; 12"=5.88 TUBING INSIDE DIA.CAPACITY Gal./Ft. : 1/8"=0.0006; 3/16"=0.0014 1/4"=0.0026; 5/16"=0.004 3/8"=0.006 112"=0.010 5/8"=0.016 PURGING EQUIPMENT CODES: B=Bailer; BP=Bladder Pump; ESP=Electric Submersible Pump; PP=Peristaltic Pump; O=Other(Specify) SAMPLING DATA SAMPLED BY(PRINT)/AFFILIATION: SAMPLER(S)SIGNATURE(S): SAMPLING SAMPLING /1 INITIATED AT: ,LI S ENDED AT: t� 'I j PUMP OR TUBING TUBINGry t7Cl S FIELD-FILTERED: Y FILTER SIZE: µm DEPTH IN WELL(feet): MATERIAL CODE: r Filtration Equipment T e: FIELD DECONTAMINATION: PUMP Y TUBING YN(rePlace� DUPLICATE: Y N SAMPLE CONTAINER SPECIFICATION SAMPLE PRESERVATION INTENDED SAMPLING SAMPLE PUMP SAMPLE # MATERIAL PRESERVATIVE TOTAL VOL FINAL ANALYSIS AND/OR EQUIPMENT FLOW RATE ID CODE CONTAINERS [CODE VOLUME USED ADDED IN FIELD mL H METHOD CODE (mL per minute) I 0tO(1-L REMARKS: MATERIAL CODES: AG=Amber Glass; CG=Clear Glass; PE=Polyethylene; PP=Polypropylene; S=Silicone; T=Teflon; O=Other(Specify) SAMPLING EQUIPMENT CODES: APP=After Peristaltic Pump; B=Bailer; BP=Bladder Pump; ESP=Electric Submersible Pump; RFPP=Reverse Flow Peristaltic Pump; SM=Straw Method(Tubing Gravity Drain); O=Other(Specify) NOTES: 1. The above do not constitute all of the information required by Chapter 62-160, F.A.C. 2. STABILIZATION CRITERIA FOR RANGE OF VARIATION OF LAST THREE CONSECUTIVE READINGS(SEE FS 2212 SECTION) pH:+0.2 units Temperature:+0.2°C Specific Conductance: ±5% Dissolved Oxygen:all readings<20%saturation(see Table FS 2200-2); optionally, +0.2 mg/L or+10%(whichever is greater) Turbidity:all readings<20 NTU;optionally±5 NTU or+ 10%(whichever is greater) Page 127 of 200 Book Number: Page 14 of 16 ^l o q F FF f 7, S ° O ° i• F Oq 0 0 9, fy d 1 z Ocell w a c v - ae z o a c moi+ C n g -Z `�`J '�i. ;�: (�, • t: ' V �Zz 0 E 8 ami Z � V CeJ 1 a � ✓ r o ci c S m ro N a 7ry I Q O O O O ff' 20 •� 3 312 r V N V _ N m 0 1.5 Ai CY d � � a.! v a; e•n� ems`� � � „�)1 �.l °. E .c c � a ° � °1 a' w W O C V C Z c y V d �� .Em so N j �C V1 N N0 O E N UI L p . roEO vc�i d .cc L r � N �a { E E 'c `m L° ~ ami o 0 c iu m w N H U U U V v U tl O F� 2R S 2 2 2 cn (n �. Fes- F� H H . O O O G z Page 15 of 16 DocumentName; bocumeni Revised: as tirr /ytic��/` Sample Condition Upon Receipt Form May 30,2018 sswng ut on F-r i-fnn7 Pace Florida Quality Office Project# PFI F GTS 68,/20/21 Date and Initials of person: Project Manager: C�III�T'. —NUTTEN Examining contents: Label: Client: Deliver: PH' Thermometer Used: Date: Time: r } Initials: State of Origin: For WV projects,all containers verified to 56°C Cooter#1 Temp.° {Visual) (Correction Factor) (Actual) NSamples on ice,cooling process has basun Cooler#2 Temp.°C (Visual) (Correction Factor) (Actual) ❑ Samples on ice,cooling process has begun Cooler#3 Temp.°C (Visual) _(Correction Factor) (Actual) ® Samples on ice,cooling process has begun Cooler#4 Temp."C (Visual) (Correction Factor) (Actual) ❑ Samples on ice,cooling process has begun Cooler#5 Temp.°G (Visual) _(Correction Factor) (Actual) ❑ Samples on ice,cooling process has begun Cooler#6 Temp.°C (Visual) _(Correction Factor) (Actual) ❑ Samples on ice,cooling process has begun Courier: ❑ Fed Ex ❑ UPS ❑USPS ❑ Client ❑ Commercia/Pace ❑Other Shipping Method: Cl First Overnight ❑ Priority Overnight 0 Standard Overnight ❑ Ground ❑ International Priority ❑ Other Billing: I]Recipient ❑ Sender ❑ Third Party ❑ Credit Card ❑ Unknown Tracking# Custody Seat on Cooler/Box Present: ❑Yes No Seals Intact: ❑ Yes ❑No Ice: �t Blue Dry None Packing Material: ❑Bubble Wrap ( Bubble flags ❑None [I Other Samples shorted to lab(if Yes,complete) Shorted Date: Shorted Time: Qty: Comments: Chain of Custody Present es ❑No ❑NIA Chain of Custody Filled Out s ❑No ❑NIA Relinquished Signature&Sampler Name COC es C1 No ❑N/A Samples Arrived within Hold Time es ❑No ❑N/A Rush TAT requested on COC Yes ❑No CIN/A .( 1",.A. Sufficient Volume es ❑No f7N/A Correct Containers Used J2 Yes ❑No ❑NIA Containers Intact es ❑No ❑NIA Sample Labels match COC(sample IDs&dateftime of collection) s ❑ No ❑N/A All containers needing acid/base preservation have been Preservation Information: checked. ❑Yes ❑No /A Preservative: All Containers needing preservation are found to be in Lot#rTrace#: compliance with FPA recommendation: ®Yes ❑No IdINIA Date: Time: Exceptions:VOA,Coliform,TOC,O&G,Carbamates Initials: Headspace in VOA Vials?(}6mm): ❑Yes ❑No ❑Nf Trip Blank Present: ❑Yes ❑No NTA Client Notification]Resolution: Person Contacted: Date/Time: Cornmentsl Resolution(use back for additional comments): Project Manager Review: Cate: Page 16 of 16 E ou O E V�`,`3 c v O v W u c E Li ti}l5t'rSii,t v y O O t{4j�i1>Oi�(� tr� y v Z •c ry c = .c O v -o SM, m m N u v c aj c vii C143 1�4 ��` O i Y O � � "44\N �k t c m � 4vv14�i�` LL LL d O i}tij2\{i{1{12i1 LL O LLI w o f3 1$,{ls'#x1111 m ZT T r o m o "31,14" Ln Ln O m it xis �n v rn m oo m o +��t h��. 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J J m $C$3 O J o_ E J C $t$kI d J N C $f$kI d N N d 0 O $t$kI C U (OLJ i fkI 1 "6 w C C ai ai CL lue i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD M EETING OF: November 9, 2021 CONSENT AGENDA AGENDAITEM: 12.A. SUBJECT: Approval of CRA Board Meeting Minutes - October 12, 2021 SUMMARY: See attached minutes. CRA BOARD OPTIONS: Approve the October 12, 2021, CRA Board Meeting Minutes ATTACHMENTS: Description D Attachment I - October 12, 2021 CRA Meeting Minutes Minutes of the Community Redevelopment Agency Board Meeting Held on Tuesday, October 12, 2021, at 5:30 p.m. Online Via GoToWebinar and In-Person in the City Hall Commission Chambers 100 E. Ocean Avenue, Boynton Beach, Florida PRESENT: Steven B. Grant, Chair Thuy Shutt, Executive Director Woodrow Hay, Vice Chair Kathryn Rossmell, Board Counsel Christina Romelus, Board Member Ty Penserga, Board Member Justin Katz, Board Member (Arrived 5:55 p.m.) 1. Call to Order Chair Grant called the meeting to order 5:32 p.m. 2. Invocation Vice Chair Hay The invocation was given by Vice Chair Hay. 3. Pledge of Allegiance The members recited the Pledge of Allegiance to the Flag. 4. Roll Call A quorum was present. 5. Agenda Approval A. Additions, Deletions, Corrections to the Agenda Chair Grant noted Centennial Management was present, and requested hearing Item 17A after Public Comments. B. Adoption of Agenda Motion Board Member Romelus so moved as amended. Vice Chair Hay seconded the motion. The motion passed unanimously. Meeting Minutes Community Redevelopment Agency Board Boynton Beach Florida October 12, 2021 6. Legal A. Project Update on the Purchase and Development Agreement with Ocean One Boynton, LLC for the Ocean One Project Kathryn Rossmell, Esquire, Lewis Longman and Walker, summarized the CRA is in discussion about the status of their compliance with the Purchase and Development Agreement regarding the Ocean One project. Bonnie Miskel, Counsel, representing Ocean One, was present virtually and announced they sent in a proposal for the Board to consider. Attorney Miskel announced building a park was more challenging to accomplish. At meetings they attended, they talked about and proffered funds for a temporary plaza area, but they could not come to terms on the amount. Her client decided to move forward and build a plaza, which included benches, walkways and landscaping. They applied for a permit in May as contained in the agreement; however, the City informed them they would have to apply for a new site plan for this temporary plaza, which would wipe out the underlying site plan for 231 units plus retail. This was not acceptable to them as the plaza is temporary. There were others items and lighting plans that were not part of the agreement the City wanted. Attorney Miskel noted they applied for exactly what was in the agreement. She noted, in the City's defense, the City does not have a process to implement anything other than a site plan and her client does not want to lose their site plan entitlements. Attorney Miskel commented the pricing increased 30% or more, and the total for the improvements, plus the irrigation, which was not required, was $39K. They tried to go back to staff to get the plaza approved without losing the site plan and they struggled as it is not the way they do business. It made more sense to proffer whatever the costs are for the permit, and give it to the City or CRA for a permanent park that will be used for a benefit other than sitting on the north end of the site that hopefully will be developed in the near future They are in a stalemate as they did not want to lose a valid site plan and they have no valid recourse. The City wants to work with them, but is restricted by the Code. Attorney Rossmell advised the staff can discuss what is best for the CRA and they could include an amendment to the agreement for the payment to be made in lieu of this item or the Board could seek a notice of default. She recommended adhering to the staff recommendation. Thuy Shutt, Executive Director, explained it depends on what kinds of amenities the Board wants to see in the temporary use. Typically, a small passive park can range from $40K to $150K although they are not in the business of building parks. It was recommended they ask City staff and it depends on what the parties agree on, whether the Board wants sidewalks or benches Attorney Miskel, referenced paragraph 18, which specified what was supposed to be on the property. She read, benches walkways and landscaping, which was the drawing 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach Florida October 12, 2021 they submitted with the permit app. They hired vendors to do this and the cost was submitted with the permit, which is normally required. The issue is they do not have a way to get a permit for what was in the contract. Board Member Penserga thought it was non-sensical to build something when they know it would be torn down. It was not his preferred outcome and thought the best thing to do is take the offer. Board Member Romelus requested confirmation the site plan they currently have would require a major site plan modification to install the park, and the developer would have to go through everything needed for a major site plan modification. This puts the Board in a position of they do not know when they will get a permit. Ms. Shutt agreed the issue is the minimum requirement for a park to be constructed at this site. To do so, the City needs minimal site plan requirements and documents showing trees and amenities such as benches and sidewalks that are included. Mr. Camalier needs a site plan approval with all the requirements to build a park. It is an issue with the minimum requirement and in doing so it would supersede approval for the mixed-use project. The developer is seeking another avenue. Their offer is payment in lieu of completing the condition of building a park. The Board could accept it and decide what amount it will be or the Board could make a counter offer. Board Member Romelus asked if they could build a park on that parcel is the applicant wanted to. Ms. Shutt responded it would be a major site plan modification because there is a building proposed there. He could accomplish it, but it would require a great deal of modifications, even if phased Board Member Romelus questioned if the Board proposed something that could not occur. Chair Grant summarized if the developer went through with the project as planned in 2017/2018, they would have a building. If they did not build the building in two years and did not get a building permit, then they would be required to build a park. They submitted a permit application for the park, but staff stated they need a major site plan modification to build the park, and would lose the current site plan for the mixed- use project. Board Member Romelus thought the choice was clear they were always of the mindset they wanted a development constructed, not a park. They are on the way to getting a building. The applicant intends to work towards it on the 115 property. She was still disappointed waiting for something to happen and would accept the proposal, but it was not really the end result she wanted. Vice Chair Hay agreed they do not need a park there that will be torn down later. Attorney Rossmell explained the developer did not request an extension, only their offer of$39K to remove that condition of the agreement. The site plan development agreement was viewed. Board Member Penserga asked about the legal status of the applicant if the Board accepted the offer. Attorney Rossmell commented the Board has not noticed them they 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach Florida October 12, 2021 are in default, and there is nothing suggested tonight to take that position. It would remove a condition of the existing agreement, amend the agreement and some associated documents. If they accept the offer, he asked if there was any other recourse or time line moving forward. Chair Grant stated one of the reasons why he added it to the contract was leverage they want the project built. If they accept the $39K they have no leverage and it is not fair to the CRA. What is fair to the CRA is the project is built as soon as possible as per the Purchase and Sale Agreement that they will diligently pursue. He asked what is diligently pursue? If they accept $39K, then nothing could ever be built there, which he was not okay with. In another year or two, the $39K that was given is spent, and they still do not have the building that was built on land that was sold for $10. The Board can accept the $39K and offer another extension or something in that sense, they are still negotiating with the developer on a mutually beneficial aspect. If the building was constructed and the Certificate of Occupancy is acquired in 2021, the CRA would receive hundred of thousands of dollars of taxable revenue included in the annual budget. (Board Member Katz arrived.) Chair Grant would enter into a new TERFA agreement to get the project built. He does not need the full $39K, but wanted to know what is going to happen. Board Member Penserga asked what would occur if the Board accepted the offer. Chair Grant stated the two options are to direct the attorney to issue a Default Letter to say the Board is not happy with the current situation and to have the developer come back with a timeline otherwise they will lose their site plan. He suggested they make a counter offer of$20K that gives them an extension until 2023 to get a building permit and in addition to the $20K and the deadline of January 2023, to get a building permit. The Board would also be updated every six months to see where they are because he believes they need a TERFA agreement and he wants to help them build a parking garage as opposed to the parking spaces be donated. He supported creating an Enterprise Fund for parking at Oceanfront and Harvey Oyer Parks and if they would get a building permit in the next six months. Attorney Miskel explained her client, Mr. Camalier, has a buyer and he will pursue the RFP and come forward with his own development on the east side. It will have a new site plan. If they are only going forward with their side of the street, the buyer wants to do both ends of the block and the only specific site plan was for phase I. If there are additional lands added, then they are looking at the design of the building She is uncomfortable saying development would be any less than two years because if they design it, there are a lot of variables. Attorney Miskel reiterated they have a valid site plan, and if nothing happens with that plan they do not want to loses those rights. She agreed a temporary park is a waste of money, but they are obligated to do that under 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach Florida October 12, 2021 the contract. If they can comply with the contract, they do not need an extension and they will build that plaza until they take it out and build over it. She not think two years was realistic. Chair Grant commented it is now October and they have given the developer months and months to make another offer or build a park. Now they are offered $39K with no restrictions for land that was given for $10. He wanted to offer $20K with a January 2023 deadline. The extension to build a park will be in place for the next CRA Board and the CRA will have received compensation for promises made in 2017/2018. They do not want the full amount for the park, because they want the requirement intact in the future because they do not feel $40K is adequate for removing all restrictions on the property. If the developer wants to make an offer to remove restrictions, it would be a six-figure amount. They would request an answer from the developer at the next CRA Board meeting. Board member Katz understood the contention is paying $39K would seals the deal and there was no obligation ever again. Board Member Penserga initially was willing to accept the offer because it did not made sense to build a park and then tear it down. Attorney Miskel had indicated they spent a lot of money on the site plan which was leverage. He asked if they accepted the offer of $39K what else can hold them accountable to the project and the answer was none. Board Member Katz noted they do not have a tax agreement with the CRA. The project was approved. He assumed with TERFA gone, there could be leverage in the future. He was unsure the park issue was valid. The offer is now $40K. He did not see an objection because they will come back for millions. Chair Grant commented due to the sales of 500 Ocean, One Boynton and Seabourn Cove in the past two years, the reason why they want the site plan, they may not need it because the metrics of the value of rent in Boynton Beach has increased. Chair Grant thought they may not need the TIF. His goal was not to lose leverage and if they do, it is a six-figure amount because this is something the CRA is losing, because they were expecting TIF, but that does not need Children's Service Council, Sanitation and Utility Departments would receive additional funds. He favored offering $20K for an extension to January 1 st of 2023, so the CRA would know in January if they have the permit or not and then they could discuss it because they understand the value of the site plan as is, or the developer makes an offer for the land that was given that is appraised for half a million dollars in the six-figure range. The CRA Board can negotiate this issue. Board Member Penserga inquired if they accept the offer and there is no future leverage left if they would be giving them the land almost for free. Chair Grant responded it was not; it was $40K. The TIF Agreement and the building permit both had an expiration date and they both expired. The purpose of giving the land for that price was to get the project built. Neither party would be happy, but they would understand the Board is doing this so something gets done sooner rather than later. Board Member Penserga would support the Chair's position of going for the extension for $20K, but questioned if 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach Florida October 12, 2021 the developer did not accept the proposal, the recourse would be to issue the notice of default. Chair Grant responded it would or to remove the park altogether for a six-figure amount. Vice Chair Hay commented they have an RFP for the west side. Chair Grant stated there were three options: to let the developer know he will get an extension to 01-01-23 to get the building permit. To offer six figures to remove the restriction and if neither is acceptable, the CRA will issue a notice of default. If the CRA prevails in the law suit to get the park built, they will receive attorney's fees, or if the developer prevails, they get attorney fees, but the CRA Board would not have waived the requirement to get the park or plaza built. Motion Board Member Penserga moved to approve as stated. Vice Chair Hay seconded the motion. The motion passed unanimously. 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 Board Member Katz had no disclosures. Board Member Romelus had no disclosures, but got a text from Brian Fitzpatrick about his decision to rescind his Letter of Intent. Board Member Penserga had no disclosures but did receive the same text from Mr. Fitzpatrick. Vice Chair Hay had no disclosures. Chair Grant spoke with Mr. Harvey Oyer, got a text message but no conversation from Mr. Fitzpatrick and spoke to the American Academy wanting to get flex space from the Ocean Breeze East project. American Academy is a non-profit working out of Imagine Chancellor School who helps with afterschool programs. They want a safe space to learn, slightly different that the programs at the Carolyn Sims Center. Chair Grant congratulated Bonnie Nicklien, CRA Grants and Project Manager, on the birth of her daughter, Whitney Grace, and introduced Vicki Curfman filling in for Ms. Nicklien. 8. Announcements and Awards A. 2021 IEDC Award Announcement Ms. Shutt announced the Boynton Beach CRA received a Silver Award from the Economic Development Council. It was given at the Annual Conference in Nashville, which she attended. It is a prestigious award competing with municipalities having from 25K to 200K residents. Attachment two listed all the award winners from the bronze 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach Florida October 12, 2021 medals to the gold medals. They competed with private sector non-profits and large- sized municipalities and Ms. Shutt was honored to represent the CRA. The CRA program was one of the few that addressed COVID relief initiatives, business expansion and retention initiatives. It was great to receive the award among all the international applicants. B. The 10th Annual Boynton Beach Haunted Pirate Fest and Mermaid Splash Project Update Mercedes Coppin, Business Promotion and Events Manager, was excited to bring back the event weekend from 11 a.m. to 8 p.m. in downtown Boynton Beach. They will use their original layout from Seacrest Boulevard to Federal Highway on Ocean Avenue and they will be activating the amphitheater space. It is a family-friendly event with a variety of entertainment which she listed. Attendees can participate in the treasure hunt. To-date, there were 14 CRA businesses registered. Free parking at multiple locations was available, which she also listed. There will be professional parking attendants, police officers, two details for crossing guards and she has contacted the county to see if the emergency flashing light by the Fire Station could be made an active light for the event. 9. Information Only A. Public Relations Articles Associated with the CRA 10. Public Comments John McNally, Director ITS, explained how the online audience could participate in the meeting. He noted no one was waiting online to speak. Ernest Mignoli, 710 NE 7t" Street, was interested in the section called conflicts. He bought a home in October 2020 and thought he was buying into a nice family city that would emphasize families, schools, beaches and parks. He was learning there are a lot of conflicts with people with political views. The CRA has a lot of developers from all over world. He learned someone got property for $10 and he learned someone received a house on Ocean Avenue for a few bucks. He asked how developers were getting 10 houses that can be restored for $10 and then build million-dollar condos. He questioned the direction of the City. He stated he was looking at the CRA, and politically who is here, and the Mayor wants to run for US Senator Rubio's seat. He thought the City would end up looking like Delray Beach. He thought instead of building one family homes, getting schools better situated and instead of being in the top 67% of crime, he thought education, crime and conflicts was much better than building a $100M City Hall and saying we need to get in million-dollar residences, condos and businesses. No one else coming forward, Public Comments was closed. 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach Florida October 12, 2021 17 A. Consideration of a Second Amendment to the Purchase and Development Agreement to delete the Flex Space for a New Neighborhood Officer Program Office and Community Space in the Ocean Breeze East Project (Heard out of Order) Ms. Shutt explained this item is a request to consider the second amendment to the Purchase and Development Agreement to delete the obligation to provide flex space for the new Neighborhood Officer Program in the Ocean Breeze East project completed in December that built 123 affordable rental apartments. Ms. Elizabeth Roque was present for Ocean Breeze East. The CRA had a requirement for Centennial Management to have the space within the development. There were a number of attempts to find funds to build the office, but in August 2020, the Police Chief requested an office on MLK Jr. Boulevard in a mixed-use property they are getting ready to build in the next few months. This space could be used for a community use or revert back to a residential use. On October 1 St, Centennial Management issued a request for the CRA to waive the requirement. Ms. Roque will also present to the Board, project close-out data including the number of residents served and how many jobs will be provided to the Boynton Beach business. If the Board was interested in pursuing the request, there are two options: amend the original Development Agreement to eliminate the requirement and amend the MLK Purchase and Development Agreement to ensure there is an accommodation for the NOP Office there. Elizabeth Roque, Centennial Management, explained they were asked how many people from Boynton Beach were hired. She responded RS Construction hired the following subcontractors for the Ocean Breeze Development, who were Ridgeway Plumbing at 640 Industrial Avenue Boynton Beach, and Sir Electric at 1401 Neptune Drive, Boynton Beach. They also hired a local Boynton Beach resident, "Tory" who is doing an excellent job at Ocean Breeze and Centennial Management issued notices for landscapers. People applied, but she did not know if they were from Boynton Beach. Ocean Breeze East was a very successful construction project. The lease up of the 123 unit project was completed in 10 months and was 100% occupied by December 2020. Forty-six units were leased by Boynton Beach residents. The remaining tenants were from Palm Beach County, a few from Broward and two families were from Miami. The outparcel they have is being used for storage. There were some requests to use space in OBE: one was for a dance studio and another for an academy. She commented considering their request to be relieved of an obligation, she did not feel it was an obligation. They want to do something for the City. If they can put a non-profit or a dance studio there, they are happy to do so. They are not looking to make money, only to better the community. They would just have to figure out how to do so, build it out and meet that need. Chair Grant commented the CRA cannot put a non-profit there. The agreement stated they would fund the Neighborhood Officer office there. The CRA could still fund a program to go there. Ms. Shutt advised the CRA was to build it out. The building is a shell, the plumbing is there. They would need to put framing up, build one or two 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach Florida October 12, 2021 bathrooms and determine the space needs. Chair Grant wanted to ensure the CRA puts in their fair share for things to help the community. He suggested issuing a press release or information about space available for a non-profit. They like helping the youth as they do not have enough activity. Attorney Rossmell commented if the CRA proposed to remain open to fund expenses that would otherwise qualify for property development grants the CRA has, they are within the CRA mission for the project as it moves forward. She clarified If they want a condition for consideration for the movement made between the two projects, some sort of funding to help with infrastructure improvements, the Board should ask staff to do so. Chair Grant requested the CRA help with the build-out of the flex space for the betterment of the community. Based on comments from the residents, he believes something for the youth would provide the best benefit to the community. He requested they come back to request cost assistance to that space, they can move forward. Ms. Roque explained she can remove the request. Ms. Shutt commented they would want input on the cost as the last estimate it was substantial. Chair Grant requested around $50K Ms. Shutt stated originally it was $25K and $25K was moved for the NOP. It would be more, but the valuation to convert the space at Ocean Breeze was over $100K. Ms. Roque can put numbers together and discuss it at the November meeting. Attorney Rossmell asked if the Board wanted to move forward with all aspects of transferring the NOP to the MLK project. She explained there would be two amendments required. Chair Grant agreed to transfer NOP space to MLK Wells Landing project and to discuss with Centennial Management the build-out of the flex space. Motion Board Member Romelus so moved. Vice Chair Hay seconded the motion. The motion passed unanimously. Ms. Roque gave an update on the MLK Project. She advised they are almost through permitting with MLK and getting ready for closing in November. They hoped to break ground at the end of a year. They are planning for a restaurant in one of the units. Ms. Shutt would bring back terms for funding based on Ms. Roque's discussions with the architect. 11. CRA Advisory Board A. CRA Advisory Board Meeting Minutes - September 2, 2021 B. Pending Assignments Chair Grant would like presentations for one of the Florida Redevelopment Association (FRA) sessions Advisory Board Members attended. The majority of the Board does not 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach Florida October 12, 2021 attend all sessions. Ms. Shutt explained the three members will all go to CRA 101 and they could have break-out sessions. It was requested the members provide a presentation on both. Motion Board Member Penserga so moved. Board Member Romelus seconded the motion. Board Member Romelus suggested the members send the presentation to them in lieu of a presentation and thought the meetings were long enough. Chair Grant preferred they make a presentation and they can make a presentation to the other members of the advisory board in December. Motion Board Member Penserga moved to keep each presentation to the CRA Board to five minutes on one session they attended, not to be repeated by the other members to give the Board an example of what is going on in the State of Florida. Vice Chair Hay suggested the members give their report at the Advisory Board and if a Board Member wants to hear it, they can attend the meeting. They will make a presentation at the December 2nd CRA Advisory Board. Board Member Katz seconded the motion for three five-minute presentations to the CRA Board at the December meeting. The motion passed 4-1 (Vice Chair Hay dissenting.) C. Reports on Pending Assignments 12. Consent Agenda A. Approval of CRA Board Special Meeting Minutes - September 8, 2021 B. Approval of CRA Board Meeting Minutes - September 14, 2021 C. CRA Financial Report Period Ending September 30, 2021 Motion Board Member Romelus moved to approve. Vice Chair Hay seconded the motion. The motion passed unanimously. 13. Pulled Consent Agenda Items 14. CRA Projects in Progress Motion 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach Florida October 12, 2021 Board Member Romelus moved to remove items A, B, and C from the Table. Vice Chair Hay seconded the motion. The motion passed unanimously. A. Rock the Plaza at Ocean Plaza Recap (TABLED 9/14/21) Ms. Coppin stated this was their final summer event at the above on October 21St. It had an excellent turn out, live music by Paul Anthony and Reggae Soldiers, kid's activities and a spotlight of the businesses. Photos were reviewed. Individuals who completed a survey took advantage of two Boynton Beach Bucks promotions. One was a $5 Boynton Beach Bucks voucher and a $15 Boynton Beach Bucks voucher for Angel Secrets for a purchase of$30K or more. The owner there was glad the promotion was extended for her and is ongoing. In total, 39 Boynton Beach Bucks vouchers were redeemed during the event (Board Member Penserga left the dais at 6:56 p.m.) The feedback was great. There are no activities in November as they will prepare for the Holiday Board Parade. Chair Grant noted they tried to have lights on during the summer and learned humidity was not good for lights. Ms. Coppin advised when the cooler months are here, they hoped the problem would work itself out. She spoke to the City electrician and the contractor who installed the lights and learned the lights are Christmas lights intended only for seasonal use. When moisture get it, it trips the GFI. Ms. Coppin advised she checks the GFI daily on her way to work and the businesses call her when they are out. She noted it rains a lot in the summer, but expressed confidence the lights should operate better in the cooler weather. B. Marina Marketing and Social Media Update (TABLED 9/14/21) Renee Roberts, Social Media and Communications Specialist, reviewed a presentation of the August Social media platforms. Business posts and social media were reviewed as well as social media event posts. Print advertising ads in the Coastal Angler to promote local fuel, fishing, dining, diving and boating available at the Marina were viewed. A quarter page ad was also published in the Coastal Star to promote the Goliath Grouper aggregation and encourage bookings with local dive charters. Chair Grant asked if she received any feedback from the dive operators. Ms. Roberts explained she has been in communication with them, but mostly for Pirates Fest. They had not said they could directly correlate it to the promotion, but they have had a lot of bookings recently, and so much, they are totally sold out. Chair Grant announced the City's job fair and wanted to ensure the CRA will help advertise it. He asked if the CRA could lend the feather banners to the event at the entrance on Boynton Beach Boulevard so people know where to go. Ms. Roberts agreed to coordinate with John Durgan, Economic Development Manager. B. CRA Economic & Business Development Grant Program FY 2020-2021 Year End Report (TABLED 9/14/21) 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach Florida October 12, 2021 Ms. Shutt reviewed in fiscal year 20/21, the CRA awarded $665,907 to the Economic Development program as contained in the agenda item. Also, $228,342 was in the Commercial Rent Reimbursement program and $439,990 was in the Commercial Property Improvement Grant. The CRA assisted 13 new businesses adding over 29K square feet of new retail, restaurant, industrial and professional office space in the CRA District. Attachments 1 and 2 contained further details of the businesses that were assisted and before and after photos were viewed. There is $4,575 remaining in the program. In fiscal year 21/22, the CRA allocated $556,600 for the same program. She thanked City and CRA staff and Bonnie Nicklien, CRA Grants and Project Manager. Vice Chair Hay asked if the CRA provided build-out assistance for the lock shop and ice cream parlor. Ms. Shutt explained the CRA approved a $50K property improvement grant at a 50% match. It was a combination of improvements. Vice Chair Hay also asked what assistance was provided to the Boardwalk. Ms. Shutt agreed to email the information for the interior and exterior improvements, including parking and signage. D. CRA Economic & Business Development Grant Program Update Ms. Shutt announced they just started this fiscal year, so there were no projects to review and approve. They noted there were 13 new Business Tax Receipts. They noticed several of them indicated they are in the building and construction trade and forwarded their names to Centennial to help with the project. Staff reaches out to new business with a postcard, follows up with a phone call and informs them of resources. E. Social Media Outreach Program 4th Quarterly Report (July - September 2021) Ms. Roberts reviewed the above and noted there are 64 business currently registered in Social Media Outreach Program (SMOP), 105 businesses were registered since inception of the program, three new businesses were registered this quarter and 46 businesses were contacted between January and March. Staff continued the Social Media kits for local businesses during special events. This past quarter with all of the special events with participating businesses, staff provided a unique branded social media kit with personalized digital media graphic and a digital copy of the event logo and the event poster, all links to the CRA event pages and hashtag, along with an option to book a private SMOP appointment for personalized instruction. The SMOP also continues the Boynton Beach Bucks campaign. There were also SMOP specialized Facebook ad campaign for dive charters. The CRA social media pages have grown over the last quarter. The Facebook page grew by 1,334 followers between July and August. Twitter had over 10K impressions. Instagram had over 5K users. Future projects were reviewed as contained in the meeting materials. Board Member Romelus suggested a comparison from the prior year be included. F. Palm Beach County Housing Authority Auction of the Cherry Hill Lots Results 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach Florida October 12, 2021 Ms. Shutt announced there are 39 lots in the CRA District in the Cherry Hill subdivision and the City and CRA staff were only successful in obtaining one lot as the bid prices were outrageous. On average, 25-foot lots sold for $64K. The CRA normally pays between $40K and $50K for a 50-foot lot. The 50 and 60-foot wide lots averaged $105K and the 100-foot wide lots averaged $193K. The CRA opted not to engage in bidding because they did not want to artificially drive up the prices. The Housing Authority contacted them as some bidders failed to put down a deposit on the properties. The CRA responded to some of it based on their appraisals of how much the property cost. The reason why they spent for the lot on 404 NE 12th was because the CRA owns the abutting lot and they can build affordable or single-family housing. Attachment five showed some of the winning bids. The CRA has to close on the lot by November 3rd. Staff will report back to the Board and would like to obtain the owners list from the Housing Authority auctioneer after the deadline for all others to close, to see who purchased lots and maybe they can talk about when they want to build on them or what their plans for the lots are. Vice Chair Hay asked if the Board was sticking to the maximum. Chair Grant explained it was competitive bidding. Ms. Shutt will apprise the Board of the outcome. The Housing Authority is offering the lots to everyone. She thought if the successful bidder fails to close by November, the lots could come the CRA's way, but other people will bid and others will walk away. The auction company still has the ability to collect sealed bids from people who have registered for certain property where closing has not occurred by November 3rd. Ms. Shutt explained the CRA will make their best offer and the Housing Authority can take it or leave it. Attachment two had the list of the auctioneer's starting bids, which came from the Property Appraiser. The lots were owned by the Housing Authority. Under the HUD Disposition process, the Housing Authority went through the entire process. She understood whatever proceeds they have would contribute to the existing assets they have, such as housing projects and developments. These are unrestricted funds for the Palm Beach County Housing Authority to spend as they desire. Federal funds could be spent a certain way. Board Member Romelus did not understand the nexus or where to go from there. It made no sense, and the land price made the home no longer affordable. She was disappointed the way the auction was run and noted residents want single-family homes in this area that are affordable. Board Member Penserga agreed and thought they should reach out to the Housing Authority and ask about their intentions. He would love to hear from them and suggested writing a letter about the outcome and detailing the damage it has done to the community. Chair Grant understood the Board's position and noted there are still 30 homes owned by the Housing Authority in Cherry Hill. They could see if the Housing Authority are trying to sell those homes. It is a pilot program for payment in lieu of taxes. The aspect the Board has they now can have partners to build homes and the aspect of building market rate versus subsidized homes is something the Board could still help with if the Board chooses Chair Grant thought the Housing Authority did something which was better than nothing. Board Member Romelus disagreed and 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach Florida October 12, 2021 asked what they could do as their hands are tied. Board Member Penserga wanted to understand if this is keeping with their guidelines and mission, if they do this everywhere and if the Authority supports affordable housing. Board Member Romelus noted these properties are now in private ownership. The issue is to they have a Housing Authority that sat on the land for 50 years, did nothing with them, made the most money they could and then walked away. There was filth, crime, garbage, and loitering for years. She hoped the new property owners would build something sustainable and recalled the property owner the CRA helped move out of her house. She thought there was no win in this. 15. Public Hearing 16. Old Business A. Discussion and Consideration of a Purchase and Development Agreement for the Cottage District Infill Housing Redevelopment Project with Azur Equities, LLC Ms. Shutt explained they were working with Mr. Gotsman as contained in the agenda item to get an acceptable exhibit D to reference in the Purchase and Development Agreement and the exhibit for the engagement of local business firms. These were the two items under discussion and the graphics need a few tweaks. Mr. Gotsman was present and had items he would like to discuss in terms of resale, and maintenance of affordability of the units. The intent is to have the unit owners pass forward what they got in subsidy from the CRA to make them affordable, but not capping them from what is needed as the market moves on its own through the years. The maintenance of affordability is 15 years for the original owners who purchases the property within a certain income bracket. If they chose to resell at a later date, it must be sold under the same income category they came in, or under the maximum amount of the bracket for that unit. If someone at 80% AMI buys a 100% AMI unit, they have to sell the unit to someone between 80% and 100% AMI. The second item is a call back for the subsidy the CRA is giving to Azur. The CRA will provide about $380K to offset costs of infrastructure in three payments. Mr. Gotsman requested the last payment be capped if he cannot build 40 units within the four years. Staff was fine with this. The original condition was Mr. Gotsman would pay $1,000 per day for each lot he did not complete. Ms. Shutt hoped they will receive this before four years and staff was fine with capping the final payment off at $90K. There are a lot of safeguards and a reverter clause for the unsold units should the project not go through as planed or if it is subdivided and sold as parcels. There are milestones contained in the staff report to accomplish site plan approval, platting and reporting annually for the construction jobs and the units sold to potential income-qualified buyers. Staff requested direction either to continue discussions, make adjustments and bring it back, or authorize the Chair to sign it if worked out before the next meeting. Chair Grant wanted to move forward and noted there was one property across the street listed for sale. He thought perhaps they could get a couple of more units. He thought they were almost there for the Purchase and 14 Meeting Minutes Community Redevelopment Agency Board Boynton Beach Florida October 12, 2021 Sale agreement. There was a misunderstanding of the A, B, C, D and E. Mr. Gotsman stated they were working on giving the owners flexibility, which was part of the reason for discussion about the resales as they do not want the homes to be flipped. They want the buyer to be able to recoup their price upon sale. Mr. Gotsman explained they will have four main models. Model A is a smaller model on the smaller lot. There are options to put the A, Al and A2 models on a larger size lot and to add a garage. The B models are similar and slightly larger with a garage option, which can be attached or detached. The idea is to keep the smaller model on individual lots without making them out of proportion. If they put larger homes on single-family lots, they are more expensive. This helps keep the homes affordable. They will try to accommodate everyone, but not all the lots can accommodate every home. He noted this has to go through Planning and Zoning. Each lot has their own specifications. Ms. Shutt pointed out they need to know the size of the units, the amenities, garage and cost and how it fits into their income bracket. It will be a mix. They will need to know what it looks like. Ms. Shutt explained when he goes to Planning and Zoning it is clear what the Board's direction is and he can fine tune the drawings and sales marketing brochure. Mr. Gotsman advised they do not have the brochures done. They will work on better illustrating what they will look like and on the elevations. Staff recommended some conditions as in Exhibit D or in the Development Agreement for local participation and Attachment 7 there was a commitment of a minimum of 20% local contractor engagement. Mr. Gotsman was agreeable to work with staff on it. He indicated in exhibit D his best effort to engage local contractors. Mr. Gotsman can do 20% but have to keep it affordable and they must be able to perform correctly. Board Member Penserga requested Ms. Shutt help facilitate. Motion Board Member Romelus moved for staff to proceed with Option 1. Chair Grant and Vice Chair Hay wanted to see the final Purchase and Sale Agreement. Chair Grant requested a motion the final draft of the Purchase and Sale Agreement be brought back to the Board. Motion Vice Hay so moved. Board Member Penserga seconded the motion.. The motion passed unanimously. B. Project Update for the Purchase of the Properties Located at 511, 515 and 529 E. Ocean Avenue Ms. Shutt announced after the last meeting the agreement was signed on September 20th. A critical dates list is in attachment 3. Staff commenced due diligence and will get 15 Meeting Minutes Community Redevelopment Agency Board Boynton Beach Florida October 12, 2021 a report. They have obtained all of the leases from the property owner and one lease renewal for Florida Technical Consultants for another year with a 90-day written notice to terminate. The initial deposit was forwarded to the CRA escrow agent, and a second deposit is due on October 15th. The CRA is proceeding with Valley National and getting underwriting for the project and they are still heading for December 17th. The next Board meeting and report is November 9th, which is just before the termination of the inspection period which is November 12th. Chair Grant asked if they received a response from Valley Nation regarding an estimated timeline. Ms. Shutt responded they have not. They have several documents needing signatures so they can submit toward the credit approval process, but they know they need to close. Chair Grant wanted to give them a deadline by the end of the month otherwise the CRA will have to accept any risk in November which could include losing the $200K if they do not receive the financing. Chair Granted wanted to ensure Valley National knows if they are unable to help the CRA to close on time, it will not look good for the bank either. 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 (TABLED 9114/21) Motion Vice Chair Hay moved to remove from the table. Board Member Penserga seconded the motion. The motion passed unanimously. Ms. Shutt advised staff proceeded to negotiate a lease agreement with Mr. Collins. They submitted a revised rent/lease agreement to him in June and the Board asked Mr. Collins for the costs to activate the use in the 401 building. The second building was previously demolished. Mr. Collins has provided some information, but not exact numbers for the interior and exterior renovations to activate the use. He alluded the outside would need about $55K. Mr. Collins explained this was to update parking to City Code. In his original letter of intent, the request was to be eligible for all interior and exterior improvements. The provision was removed and at the meeting with the City, the parking was brought up. Ms. Shutt explained the Board directed staff to obtain overall construction costs for the exterior, parking lot and interior for a retail fish market. The Board also said the site would not qualify for rent assistance due to reduced rent of $2,500 a month and a lease term of 10 years and a right to purchase. Since then, the CRA has not received cost improvements because the Board wanted to ensure they do not overspend and then demolish the building. Mr. Collins has several items what his understanding was under his LOI and why he cannot move forward with conceptual plans without knowing what the Board will be approving regarding assistance to activate the use. Mr. Collins thought continuing to negotiate a lease without knowing what the actual outlay is makes no sense. He advised the parking issue hit all of them. It took two months for a parking estimate and there is a stalemate. The grant options were 16 Meeting Minutes Community Redevelopment Agency Board Boynton Beach Florida October 12, 2021 removed and an additional amount of money was put on top of it. He asked if he still responsible for updating the parking on a leased property the City owns. He is pulling back from putting money into the project, which now has almost doubled. Ms. Shutt explained the applicant still has to come up with a cost in order for staff to advise the Board on what share and how much net money is to be awarded. Mr. Collins thought the costs were taken off the Board. He asked why he has to provide a cost for a build- out if the CRA would not contribute money to it. He noted Boardwalk Creamery will be demolished, but they received funds. If he has the option to still apply for grants, he will provide the estimates the Board needs. Chair Grant noted they had an RFP for the project with multiple responses and they said to Mr. Collins, because of his diligence with the Board, he would have an opportunity to try to do something here. The City said to get the market, he had to do certain things. Chair Grant asked about estimates for the building and/or parking. Mr. Collins noted they have list of equipment local plumbers and electricians who can provide him the information by next meeting. Mr. Collins advised his prior budget to improve the building interior and paint was $75K. The exterior was for the parking they have to update which is another $55K without the landscaping that is required. That is $130K to $140K. Mr. Collins explained there is equipment leasing, which was another $80K as a lease purchase which put them well over $200K. Chair Grant thought the business qualifies for the $50K interior exterior build-out grant and up to the $21 K rent reimbursement. If the Board allows the economic development grants so they can remove slum and blight, the CRA should do what they can to build locations for short or long terms. He asked the Board if they would allow the applicant to apply for economic development and rent reimbursement grant to make the project work or not. Board Member Romelus noted they had four other applicants for the same property and none of them asked anything from the CRA. Now this applicant is asking for $71 K and the conversation shifted. They are helping Mr. Collins, but there were no other contributions the CRA had to make, except to use the land. Mr. Collins explained that was in his original LOI. The Board accepted the LOI and had to negotiate. Ms. Shutt commented he was approached by another business, they would also like to know if and when the CRA moves forward so they could submit something as well. The person was from Sweetwater as contained in attachment nine. Chair Grant thought without assistance from the CRA, it is unlikely Mr. Collins can move forward. Board Member Romelus explained at this time, the CRA is offering the property and Mr. Collins was responsible for all else. She asked if those same provisions were offered to other interested parties. Ms. Shutt commented the CRA has not engaged in those conversations because the Board accepted Mr. Collins' LOI. She knows Sweetwater's would have to come up with terms and all of the applicants can apply for grants, but as a 50/50 match. Additionally, as part of their application, they will have to permit a credit authorization be conducted to ensure the business is viable and go through all the needed processes including costs and drawings. Board Member Romelus thought it was a stalemate, The CRA was not planning to invest too much in it. 17 Meeting Minutes Community Redevelopment Agency Board Boynton Beach Florida October 12, 2021 The fact Mr. Collin's can receive the property at a reduced rate, she would make that contribution, especially when there are applicants proposing twice the rent. Mr. Collins responded the market rate, triple net is over $4K. The CRA has put funds into properties that are going to be demolished, which is basically the same thing. He has heard they will work with them. He has been attending meetings for a year, and the CRA had indicated it wants to keep his business in the City. Ms. Shutt clarified they are inside site approval and they are working hard. They did give a cash offering and in-kind of$300K in total of market value. Chair Grant favored using the grants to move the project forward. It is an aspect of what they want to do, and they can have all the costs at the next meeting and move forward If that is not the case, they should let Mr. Collins know the CRA is not interested in spending any additional money. Board Member Katz had no problem if the $71 K is sufficient to get Mr. Collins where he needs to go. Mr. Collins explained it will still be more, but It would help him with parking. It is a match. Board Member Katz agreed with Chair Grant if Mr. Collins could affirm the costs. Board Member Katz did not know when the Boynton Beach Boulevard consolidation plan would come to fruition, but assumed it is years and years down the line. He thought $71 K would rehabilitate the property for a number of years and would be worthwhile. Chair Grant agreed they are finding a partner to help the CRA improve the property the CRA owns. Board Member Romelus also was fine with the proposition, but wanted to ensure Mr. Collins upheld his end of the bargain. It was anticipated the expense was sufficient. Ms. Shutt stated they could ensure the Board receives the comments to the lease before the next meeting so Legal Counsel can review it and give authorization for the credit. Mr. Collins will have it by next Friday. A motion to direct staff to proceed with economic developments grants available to the applicant was needed. Motion Board Member Katz so moved. Board Member Penserga seconded the motion. He added he was concerned there would be further surprises. The motion passed unanimously. 17. New Business A. Consideration of a Second Amendment to the Purchase and Development Agreement to delete the Flex Space for a New Neighborhood Officer Program Office and Community Space in the Ocean Breeze East Project This item was previously addressed. 18 Meeting Minutes Community Redevelopment Agency Board Boynton Beach Florida October 12, 2021 B. Discussion and Consideration of the Purchase of 220-224 E. MILK Boulevard Ms. Shutt advised Mr. Fitzpatrick offered to sell his three lots for $2M on October 8th Closing would occur prior to March 2022. The CRA Advisory Board voted to land bank the property. Chair Grant commented one issue was many tenants Mr. Fitzpatrick had. There are 12 tenants and Chair Grant noted $2M was above appraised value. Brian Fitzpatrick, 40 NE 1St Street, stated he could deliver the property empty and the City is currently developing the land to the west of it. The land is likely to have additional value, but to get the same number of units in an affordable way in the future is unlikely. Chair Grant felt the CRA has more apparent needs and to have affordable single-family homes, the CRA would have to subsidize. The other properties Mr. Fitzpatrick has on the corner of Ocean Avenue and 1St Street, and the corner of NE 4th Avenue and 1St Street, the CRA may want to consider. He directed staff to get an asking price and for the Board to decide. As for the MILK properties with the 12 tenants, the CRA does not want to be a landlord and in the near future they would not be redeveloping the land. He thought having additional vacant lots on MILK Jr. Boulevard would not be in the CRA's best interest. Vice Chair Hay agreed. The appraised value is $1.2M on May 24th by Anderson Carr as contained in Attachment three. Mr. Fitzpatrick was offended by the appraisal. He contended the appraiser disregarded relevant comps and concentrated on negative aspects of comps. The appraisal does not mention Centennial Management's recently completed projects. He advised there were several things he did, and he gave him the figures to base the rents on, which the appraiser disregarded. Another appraiser treated another property owner differently. He thought there was a serious problem with properties on MILK Jr. Boulevard being undervalued. Chair Grant stated Mr. Fitzpatrick could get his own appraisal. Chair Grant did not want to be responsible for the 12 people living there, Mr. Fitzpatrick noted in 2006, Delray acquired a 10-unit apartment building, and the CRA is using it for affordable housing. This could provide 12 affordable housing units. He thought the CRA would have the foundation for another project similar to Centennial Management. Vice Chair Hay commented he will not support purchasing the property. Chair Grant reiterated he would look at the other two properties on the 409 NE 1St Street and 4th Street. Chair Grant thought that has value especially if they purchase 137 NE 3rd Avenue. He announced there is no consensus to buy the MILK property. He requested a motion for staff to come up with a purchase and sale agreement for $500K for the Board to discuss at the next meeting. Hopefully they can get an appraisal. Board Member Romelus wanted staff to get more information about the 409 and the other property, to look into the appraisal and purchase of 409 NE 1St Street. Motion Vice Chair Hay so moved. Board Member Penserga seconded the motion. The motion passed unanimously. 19 Meeting Minutes Community Redevelopment Agency Board Boynton Beach Florida October 12, 2021 Mr. Fitzpatrick pointed out his clients have the ability to seek out other housing possibilities. Board Member Penserga also noted this property is easier as there are no tenants involved. C. Discussion Regarding the 2021 Holiday Boat Parade Ms. Coppin received notification from Delray Beach they did not allocate funding for the parade. Previously they shared the costs and the CRA was reimbursed 50% for their marketing and some of the promotions and awards associated with the parade. Due to the CRA's limitation about hosting events outside of the District, they have to curtail the parade route. Staff cannot pull permits in Delray Beach and there are three bridges in Delray Beach. Staff proposed starting the parade at the Palm Beach Yacht Center and ending at the C15 canal. Chair Grant suggested speaking to the neighbors north in Hypoluxo, Lantana and Manalapan to see if they would help fund some of the marketing costs. Ms. Coppin stated she reached out to Hypoluxo. The Mayor declined and she has not heard from Lantana. She will reach out to Manalapan and apprise the Board. Chair Grant suggested contacting the City Manager, not the elected officials. He also suggested contacting the Downtown Business Coalition to see if they could offer assistance with prizes and marketing. Ms. Coppin advised they have to determine the route because staff has to announce and release the registration forms. They are approaching November and the parade occurs in early December. The parade will end before the George Bush Bridge and there is flexibility about the starting point. Chair Grant commented the Board can finalize all in November and will try to get the Intracoastal communities involved. D. Discussion and Consideration of a Tax Deed Sale for the Property Located at 137 NE 3rd Avenue Theresa Utterback, Development Services Manager, stated the item is a tax deed sale for a property adjacent to property the CRA owns. The property has garage, there are no utilities, and no liens except for the tax lien. She was looking for direction and would love to bid on the property. Chair Grant wanted to bid similar to the land value of the adjacent property as the lot sizes there have additional value. It is zoned for duplexes and they have the ability to move forward with a better affordable housing property. Chair Grant suggested $200K and that the Executive Director use her best judgement for any amount over $200K. Motion Board Member Katz so moved. Vice Chair Hay seconded the motion. The motion passed unanimously. 18. Future Agenda Items A. Review of Marina Parking Management - Rules and Regulations 20 Meeting Minutes Community Redevelopment Agency Board Boynton Beach Florida October 12, 2021 Chair Grant received comments from a dive operator and some dive boats are bigger than others. The proposed conversation was to direct the Harbor Manager to monitor and report overages over 30 minute and charge a fee. It will motivate people to be as quick and efficient as possible. 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 (TABLED 9/14/21) C. Discussion and Consideration of Additional Letters of Intent Received for the CRA-Owned Property Located at 211 E Ocean Avenue (TABLED 9/14/21) 19. Adjournment Motion There being no further business to discuss, Board Member Penserga moved to adjourn. Board Member Romelus seconded the motion. The motion passed unanimously. Mr. McNally provided the closing advising how the public could access the audio. The meeting was adjourned at 8:39 p.m. Catherine Cherry Minutes Specialist 21 i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD M EETING OF: November 9, 2021 CONSENT AGENDA AGENDAITEM: 12.13. SUBJECT: CRA Financial Report Period Ending October 31, 2021 SUMMARY: CRA Financial Services staff is providing the CRA Board with the monthly financial and budget reports for the period ending October 31, 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 P LAN/P ROJ ECT/P ROG RAM: 2016 Boynton Beach Community Redevelopment Plan and FY2021-2022 CRA Budget CRA BOARD OPTIONS: Approve the C RA's monthly financial and budget report for the period ending October 31, 2021. ATTACHMENTS: Description D Attachment I - Monthly Financial Report for Period October 31, 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-October 31,2021 Total Debt Service Governmental General Fund Projects Fund Fund Funds REVENUES Tax increment revenue - - Marina Rent&Fuel Sales 116,942 116,942 Contributions and donations - - - Interest and other income 13,806 16,078 10 29,895 Total revenues 130,749 16,078 10 146,837 EXPENDITURES General government 314,056 - 314,056 Redevelopment projects - 1,597,591 1,597,591 Debt service: - Principal - Interest and other charges - - - Total expenditures 314,056 1,597,591 1,911,647 Excess(deficiency)of revenues over expenditures (183,307) (1,581,513) 10 (1,764,811) OTHER FINANCING SOURCES(USES) Funds Transfers in Funds Transfers out Total other financing sources(uses) - Net change in fund balances (183,307) (1,581,513) 10 (1,764,811) Fund balances-beginning of year 3,182,928 11,040,801 116,097 14,339,826 Fund balances-end of year 2,999,621 9,459,288 116,107 12,575,015 Footnote: Transfers between funds include monies received from TIF and carryover from general fund balance. The notes to the basic financial statements are an integral part of this statement. 1 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Budgetary Comparison Schedule General Fund Through Year to Date - October 31, 2021 Original Budget Final Budget Actual REVENUES Tax increment revenue $ 15,801,715 $ - - Marina Rent& Fuel Sales - - 116,942 Interest and other income - - 13,806 Other financing sources(uses) 100,000 - - Total revenues 15,901,715 - 130,749 EXPENDITURES General government 3,797,400 - 314,056 Total expenditures 3,797,400 - 314,056 Excess of revenues over expenditures 12,104,315 - (183,307) OTHER FINANCING SOURCES (USES) Carryover fund balance - Transfers out (13,104,315) - - Total other financing sources(uses) (13,104,315) - Net change in fund balances $ (1,000,000) $ - (183,307) Fund balances-beginning of year 3,182,928 Fund balances-end of year 2,999,621 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 U7 L N O in �o O O O O O m M O O O O to oo �t m 0 0 0 in O in O O oo O O O O O O n OO ,� O O 7c O O O O N c-I O O O O M oo M N O O O Ln O O O O O O O O O O O c-I co O o6 oo O O O O O T 7 O O O O to Ln m 7 O O O 7 O -i O O M O O O Ln O O N /1E O o0 oo O T oo O O O O m m m r" O O O m O oo O O m Mc O m O O m w K O ids .� M c V/ E 0 o, to O �o n O n N ti O m O O O O O M n O n O O O ti 0 0 0 0 a 0 0 0 0 0 0 oo Al N c O M m to LQ O m O O O O O oo n O N O O O O O O O O in 0 0 0 0 0 0 't 0 •� ti mN m o m o Lmo 0 0 0 Ln L ti LNn m a o 0 o m o o`oo 0 0 0 r, o Ln Ln o 0 0000 ^ \ E Il O N N N M N O a Lr Lr O r, r" l Il M l It O O oc O M It O Il O N m It O M V/ L c-I oo to c-I N c-I O o to to � to Ln Ln w w N c-I N c-I N to r, c-I -4 O o0 m c-I O n N c-I m c-I c-I oo 0 oo 7f` N r, M N O 0 to ti ■• • U m' N Q 0) c 4) O 7 Ln O Ln N c-I O N O O O O O r` Ln O Ln O O O m O O O O to O O O O O O N fu O to O to Ln O uG O O O O O c-I N O r` O O O m O O O O 7 O O O O O O Ln O to r` oo to c-I oo O oo O O O O O Mr, N c-I O O O oo O O O O m Ln O O O O O r` a M in a �o m a �o a O m O m oo r` in ti N m oo M N n m N N m Ln •� fu ca Oq N p N cn N N N W � Q W O 7 Ln O Ln N c-I O N O O O O O r` Ln O Ln O O O m O O O O to O O O O O O N O to O to Ln 7 7 O u0 O O O O O -! 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Q1 G Q1 Q1 Q1 Q1 Q1 "'�, lL L15 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 � *KI' *KI" lL L15 Lt5 Lt5 Lt5 Lt5 � D 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 N O4 N � O C N N E 4) Q M 41 C 1y o\° 14 3 ' � rl O N C O N LQ C I� f O t0 M N O C E W !D 3 K to N T M to a LL y Lr Ln d O4 qq 'O m a m [L m I l0 !D D M O O O Ln c rl m M -z tf 40 C oo oo C W a a uD M N LQ n M O O + O Ln N N Q M Lf 40 m ri tf W oo L cLn u O O O O 45 O O O O 45 [L O4 C C to 41 [L O O O O It I9 O O O O p O O O O 3 [L f6 u H LL W o O O u O N O W � Lf1 N (n m 00 Il n 7 N 3 c O N u � a C W 45 0 0 F t O M 4) cc 0 0 Z j D U_ W W n w Q u W W W n z O m W � W ro CL C LL O O O O w d �- bb 0 tV m �+ tV N i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD M EETING OF: November 9, 2021 CONSENT AGENDA AGENDAITEM: 12.C. SUBJECT: Approval of 2022 CRA Board Meeting Dates SUMMARY: CRA Board meetings are held on the second Tuesday of every month at 5:30 p.m. at Commission Chambers at City Hall located at 100 E. Ocean Avenue, Boynton Beach, FL 33435. The following is a list of the CRA Board meeting dates for the period January- December 2022: • January 11 - Special General Election - U.S. House of Representatives District 20 Special Election • February 8 • March 8 - Municipal Election Day • April 12 • May 10 • June 14 — Flag Day • July 12 • August 9 • September 13 • October 11 • November 8 — Election Day • December 13 There are several known conflicts with National Holidays, National Elections, or Local Election dates. CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the 2022 CRA Board meeting dates as presented. 2. Approval of alternate dates and times after discussion by the CRA Board. i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD M EETING OF: November 9, 2021 CONSENT AGENDA AGENDAITEM: 12.D. SUBJECT: Approval of Increase in the Commercial Property Improvement Grant Funding in the Amount of $2,368.00 for Stevo, Inc. d/b/a C K's Lockshop & Security Center located at 301 SE 4th Street, Boynton Beach, FL 33435 SUMMARY: The CRA's Commercial Property Improvement Grant Program provides eligible businesses (new or existing) with financial assistance for the initial costs associated with the construction, repair, and/or rehabilitation of commercial building improvements. The Commercial Property Improvement Grant Program provides a 50% reimbursement of the applicant's expenditure for the eligible improvements up to a maximum grant total of $50,000. Under the program guidelines eligible improvements must be permanent items that stay with the building. On August 10, 2021, the CRA Board approved a Commercial Property I mprovement Grant in the amount of $22,632.00 to Stevo, Inc. d/b/a CK's Lockshop & Security Center based on the project quote of $37,720.00 for eligible expenses associated with the build-out of the Iockshop business located at 301 SE 4th Street, Boynton Beach, FL 33435 (see Attachments I - 11). The approved grant amount included a 20% contingency for additional eligible expenses that may arise during build-out. On October 6, 2021, CRA staff received an email from Dana Rosenblatt requesting the CRA Board's consideration to award the maximum grant funding allowed for Tier I I business which is $25,000 for additional eligible expenses to meet the City's accessibility requirements. The request for additional funding was due to additional work to the driveway that was not originally anticipated and new project quote of$46,750.00 have been provided as Attachment 111. If approved, the applicant is eligible to receive an additional $2,368.00 for a maximum grant total of $25,000 in reimbursable funds provided that the applicant expends an equal amount in matching funds as required under the terms of the grant. The grant is reimbursed to the applicant once the City of Boynton Beach Building Department approves all permit requirements and the proper reimbursement documentation is submitted to CRA staff for approval. FISCAL IMPACT: FY 2020-2021 Budget Project Fund, Line Item 02-58400-444, additional $2,368.00 (maximum $25,000.00) CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval an additional $2,368.00 of the Commercial Property Improvement Grant for a total maximum grant award of $25,000.00 to Stevo, Inc. d/b/a CK's Lockshop & Security Center located at 301 SE 4th Street, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I -August 10, 2021 Agenda Item D Attachment II - Location Map D Attachment III -October 6, 2021 Request and Back-up i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: August 10, 2021 CONSENT AGENDA AGENDAITEM: 12.D. SUBJECT: Approval of Commercial Property Improvement Grant Program in the Amount of $22,632 for Stevo, Inc. d/b/a CK's Lockshop & Security Center located at 301 SE 4th Street 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 Stevo Inc. d/b/a CK's Lockshop & Security Center located at 301 SE 4th Street, Boynton Beach, FL 33435 (see Attachments I - 111). Stevo Inc. has been the property owner of the building since 1996 and has been operating their Iockshop business out of the location since 1997. As the property owner and tenant of a commercial property, the applicant falls under the terms of a Tier I I business, as outlined in the grant application. The applicant is seeking reimbursement for exterior improvements including a new parking lot and exterior painting. The total cost of eligible property improvements is approximately$37,720 (see Attachment IV). If approved, the applicant is eligible to receive a maximum grant of $22,632 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, $22,632 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 $22,632 to Stevo, Inc. d/b/a C K's Lockshop & Security Center located at 301 SE 4th Street, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I -Commercial Property Improvement Grant Application D Attachment II - Location Map D Attachment III -Warranty Deed D Attachment IV - Project Quotes BOYNTO we*" momBEACH RA COMMU NffY REDEVELOPMENT AGENCY October 1, 2020 — September 30, 2021 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERICAL PROPERTY IMPROVEMENT GRA NTPOR AM 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 B-RCRA reserves the right to approve or deny any Commercial Property Improvement Grant P ogram 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. 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 careersourcepbe.com or view the attached brochure. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Applicant must be the business entity (or d/b/a) named and the principal owners named on the corporation documents, and must be the landlord or business owner of the company occupying the property to be improved. • Must be located within the BBCRA Area (see attached map). • Must provide proof that the commercial business is properly licensed by all necessary levels of government and professional associations or agencies (copies of City and County licenses or receipts that the licenses have been applied for). Initials; . Page 2 of 17 Property Improvement 100 East Ocean Avenue,4t" Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com • Improvements to non-profit and residentially zoned properties are NOT eligible expenses. • Applicant must have an executed multi-year lease with at least two years remaining on the lease at the time of BBCRA Board approval • Proposed leases must be executed within 30 days of BBCRA Board approval or the grant award is terminated. • The Applicant's Experian consumer credit report must reflect an acceptable level of financial stability, as determined in the sole discretion of the BBCRA. A copy of the consumer report will be provided to the applicant upon request. Applicants must have an Experian credit score of 601 or higher and have no listed history of bankruptcy to be eligible. If there is more than one business owner, the majority of the business owners must have credit scores of 601 or higher to be eligible. • All work must be done in compliance with applicable City of Boynton Beach Building Codes and Land Development Regulations. All contractors must be licensed as required to work in Boynton Beach and/or Palm Beach County. For any projects valued more than $250,000 (based on the project's construction value as it appears on the Palm Beach County-Wide/Municipal Building Permit Application Form submitted to the City of Boynton Beach), preference will be given to projects that will use contractors with an office in Palm Beach County. Please contact the City of Baynton 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. Initial Page 3 of 17 Property Improvement 100 East Ocean Avenue,411 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. Initial �'-- Page 4 of 17 Property Improvement 100 East Ocean Avenue,0' 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 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 Decor/Design — home • Boutiques— clothing, shoes & furnishings, art galleries, kitchen accessories wares • Law Offices • Accounting Offices • Hair/Nail Salons (no more than two • Real Estate Offices approvals per fiscal year) In W als 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, 0 Tattoo Parlor/Body Piercing/Body storage, sales, etc Art Shop (no more than two • Specialty Retail Businesses- approvals per fiscal year) stationary, gifts, sporting goods • Florists (no more than two • Other commercial fagade only approvals per fiscal year) improvements Tier Three Business (no more than two approvals per fiscal year) Tier Three Businesses are subject to BBCRA Board for review and approval. Tier Three Businesses eligible for reimbursement of 50% of the applicant's project budget as specified at the time of BBCRA Board approval, up to a maximum amount of $15,000 in grant funding. Tier Three Businesses must be one of the following types of businesses: • Kava Tea Bar • Pawn Shops • Convenience Stores: (Fagade • Liquor Store and Security Improvement • Laundry/Dry Cleaner facility only) Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on lease. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that are the tenant's responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; • Ability to terminate; and Initial&*dZI Page 7 of 17 Property Improvement 100 East Ocean Avenue, 4t" 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. g permit receipt/application. If the permit has not been applied for' o p Y�0= prior to submission of the grant application, a copy of the building permit receipt is ue within 90 days of grant approval, or the grant award may be terming d.C16 f esume for each principal/owner of the business.w 7. Copy of the corporate documents for the applying business entity. lta� , C �b" 8. Copy of executed multi-year commercial lease agreement. 9. Copy of Warranty Deed. W P(cpV- f:S ' A wo years of corporate tax returns (for existing businesses only). to 11.Two years of personal tax returns for the principal/owners of a new business. Page 8 of 17 Property Improvement 100 E cean Avenue, 0' Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 / www.boyntonbeachcra.com esign and construction plans associa-fe-d—with--trm proposed �ed and filled job descriptions, pay range and weekly s Mh e 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. I n i t i a Page 9 of 17 Property Improvement 100 East Ocean Avenue,4 1h 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 rant. Procedures for Reimbursement ` This program is designed as a matching 50% reimbursable grant. All work for which reimbursement is sought must be completed and paid for by the applicant prior to the release of BBCRA funds. The applicant may request reimbursement for partial payments throughout the project for up to 50% of grant award. The remaining 50% of grant funding will be held until the project is completed according to the City of Boynton Beach Building Department, and if applicable, a certificate of occupancy has been issued, at which point the applicant may submit a final reimbursement request. The BBCRA will provide reimbursement to the applicant upon submittal of a complete reimbursement request package. All reimbursement requests and supporting documents must be submitted to the BBCRA (3) days prior to the grant expiration date. The BBCRA may refuse to issue grant funding if the submission is not received by the specified time. Once the work is completed the reimbursement request shall be summarized in a report and accompanied by the following documentation: 1. Invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid in full." Proposals for "work to be completed" or"bids" are not considered proper documentation. a. Each item must be supported by a cancelled check showing the face of the check, as well as the back of the cancelled check. The only forms of cash payments that are acceptable as evidence of payments are cashier's checks and bank transfers. A copy of the cashier's check to the payee must be provided as proof of payment. If payment is being made by a bank transfer, a copy of the statement from both payer and payee showing the transaction and/or copy of the email/text verification from both parties. 2. Copy of City of Boynton Beach and Palm Beach County licenses (Business Tax Receipt). Initials Page 10 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 3. For partial reimbursement requests, a Partial Release of Lien from licensed contractors must be submitted. 4. For the final reimbursement request, the following must also be submitted: a. A"final release of lien" signed by each licensed contractor(s). See attached Sample of a Final Release of Lien form. 5. A minimum of 4 color "after" photos of the project. 6. A copy of the Certificate of Occupancy/Completion. By submitting the final reimbursement request, the applicant warrants that all bills for which applicant is directly responsible related to the project are paid in full including, but not limited to, all contractors, labor, materials, related fees and permits. Grantees may not submit work improvements for reimbursement that have been used as part of a reimbursement request for any other grant program offered by the BBCRA, City of Boynton Beach, Palm Beach County or the State of Florida. The Commercial Property Improvement Grant Program will only reimburse applicants for new expenditures that have not been submitted to other grant programs for reimbursement. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application.. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the BBCRA to any third party. The BBCRA is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible have been paid is sufficient assurance for the BBCRA to award grant funding Initals, ,W Page 11 of 17 Property Improvement 100 East Ocean Avenue, 4" Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com BOYNTO y BEACH RA COMMUNITY REDEVELOPMENTAGENCY APPLICANT INFORMATION BUSINESS INFORMATION: in ss Name d/b if applica �,� Current Businesd s:� �,�•� Fed I D#-1 ., t>80 b4"(c Business Phone Number: -:Xga( `-1 i.'`Y Cell: Website: � C-R ,�< U C' t t 4'Yl Existing Business: Yes ter% No Number of years in existence: (40 Time at Current Location.=Q CsNew Business to Boynton Beach: Yes No [;Yo you have an executed lease agreement: Yes_No)�-If so, monthly base rent: New Business Address (if applicable): Square footage of rrent location: Square footage of new location: Type of Business: Tier 1 Business: ❑ Tier 2 Busines Tier 3 Business: ❑ (Tier Classification subject to BBCRA Board Approval) p r Number of Employees: Hours of Operation: List of improvement eking reimbursement for: v1 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 BOYNTO A =BEAC RA COMMU WY REDEVELOPMENT AGENCY APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner. Nam rY) I Date of Birth. Email: Residential A dr ss: Cell Phon umb 2. Principal/Owner am ' -. Date of Birthl L 11 Email: Y' sident'al Address: chi ± t Cell Phone Number: /I� B �• 3. Principal/Owner me'` �i I Date of Birth: Email: Re idential Addresk n Cell Phone Number: °° 4. Principal/Owneramf i ` r1 (�J— a Date of Birth: I I Ik=S Email: Resid ti Afe�s ' Cell Phone Number' Are you applying for grant assistant under any other program offered by the BBCRA? Yes N If yes, what additional programs are you applying for: Page 13 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com BOYNTON =BEACHiCRA COMMU NffY REDEVELOPMENT AGENCY APPLICANT INFORMATION Are you receiving grant assistance under any other governmental agencies: Yes If yes, list any additional grant sources and amounts: LANDLORD INFORMATION: Landlord Name�C � Landlord's Mailing Address: Landlord's one Number: (¢ �? CERTIFICATION AND WAIVER OF PRIVACY: A 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. X Initials , Page 14 of 17 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com w� BC),v, N TO N1 =BEACHICRA COMMU NITY REDEVELOPMENT 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. Initial „' . Page 15 of 17 Property Improvement 100 East Ocean Avenue, 4 1 Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com BOYNTO MUMBEAC RA COMMU NITY REDEVELOPMENT AGENCY APPLICANT INFORMATION APPLICANT SIGNATURES: "\< ))te rincipal/owner's ure Printed Name Title N HIC 2.4ri cgial/ rC'owne .s-SA at re ,Mte Printed Name Title 3. nijV/0,Zw+er.s Signatvrf�� Date Print d Name Title 4. Date PrinUTa-ub +r's S.-Viature I reces L-)re- Printed Name Title Notary as to Principal/Owner's Signatures Multiple notary pages may be used if signing individually STATE OF COUNTY OF tor le BEFORE ME, an offireer duly authoriz by la to a n s oaths and take ledgements, T V4 wke personally appear C CS .M owe I is/a nam own to me or produced ion, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand an ici I seal in the State and 'Ci I sea' in the State County aforesaid on this day of 1 2 0, op 0 an UBLIC ta Notary Public State of Florida Dana Stephens Rosenblatt My Commission Expires: My Commission GG 328509 Expires 0712912023 Page 16 of 17 Property Improvement 100 East Ocean Avenue,4"' Floor, Boynton Beach, FL 33435-Phone: (S61)600-9090 www.boyntonbeachcra.com B,(.-)v, NTO =BEACH RA COMMUNITY LANDLORD INFORMATION 2. LANDLORD SIGNATURES: Lan P"te gnat V0(10 Title Printed Name Landlord's Signature Date Printed Name Title Notary as to Priner's Simmatures -Multiple notary pages may be used if signing individually STATE OF � d'- j COUNTY OF BEFORE ME, an officemMly authorigbyv6w jo administer oaths andtala personally appeared me or produced as identific—atio acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in itand that the instrument inhis/her act and deed. w IN WITNESS OF THE FOREGOING, | have setm d County aforesaid on this day of TARY PUBLIC E y%vftil� Notary Public=Stateof Florida My Commission Expires: IlYDana Stephens Rosenblatt <� My Commismon GG 328509 m� Page 17of17 Property Improvement lOOEast Ocean Avenue, 4'^ Floor, Boynton Beach, FL33435–Phone: (561)6OO 9090 wvvvv.boyntonbeanhcra.com 7/30/2021 PAPA Maps 2 DOROTHYJACKS CFA,AAS =p P Beach Co ty P perty Appraiser Search by Owner,Address or Parcel View Property Record rr Owners Y" VOST LLC Property Detail { p Y .,,. . am. rl 301 SE 4TH ST ,nr ,. ?u -r, a..::y BOYNTON BEACH V "SE 2ndxAve .a.rce...wc. 08434528070020010 - cu,....vi: :c:,.! PENCE SUB NO 1 `{" Book 31948 Page 1052 F �' ac. Sa.le.Date OCT-2020 r 301 SE4TH ST fl Address BOYNTON BEACH FL 334354909 t J' Jse."Yoe 1 700-OFFICE ONE STORYOtad i c.., 6392 re=. e.e.t Sales Information Sales Date Price ' OCT-2020 10r-- NOV-1996 273300 (tfil�te - v DEC 1980 95000 t SE3rci Ave J ty w Appraisals +, Tax Year 2020 e 7 e._e... t .ue=. $507,581 (f jt .i-arl.d V .we=. $268,020 .(),.ai Market Va..we=. $775,601 I J All values are as of January 1 st _ J� each year Assessed/Taxable values Tax Year 2020 Ar;;e.;;;;e....,ta.lue=. $775,601 i-xer=Jorl..Amount $0 ti �axalkie ofaiue $775,601 S+ - n.� Taxes SE atr,-Ave � Tax Year 2020 :s--- c yjt Ad t. .e3m $16,596 ' Norl Ad Valorem m $2,851 tt:x $19,447; https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434528070020010 1/1 CFN 20200452113 OR BK 31948 PG 1052 RECORDED 11/25/2020 13:58:19 Palm Beach County, Florida AMT 10.00 Return to: DEED DOC 0.70 Joseph C. Wasch, Esq. Sharon R. BockCLERK&COMPTROLLER Wasch Raines LLP Pgs 1052-1053; (2Pgs) 2500 N. Military Trail, Ste. 303 Boca Ra i, FL 33431 Prope praiser's Parcel ' rcation No.08-43-45-28-07-002-0010 �o QUIT-CLAIM DEED THIS -CLAIM DEED executed this 26`x' day of October, 2020, by STEVO, INC., a Florida corporat ith an address at 301 SE 4°i Street, Boynton Beach, Florida 33435 (`Grantor"), to VOST LLC, ' address at 301 SE 4"' Street, Boynton Beach, Florida 33435 ("Grantee"): (Whenever userein, the terms "Grantor" and "Grantee" shall include singular and plural, heirs, legal representatty nd assigns of individuals and the successors and assigns of corporations, wherever the context so �s or requires.) WITNESSETH, tha raptor, for and in consideration of the sum of Ten and 00/100 Dollars, in hand paid by th °tee, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim Grantee forever, all the right, title, interest, claim and demand which the Grantor has in and to t lowing described lot, piece or parcel of land, situate, lying and being in Palm Beach County, Flor O it: Lots 1 and 2, Block B, cc Subdivision "No. 1", a subdivision in the City of Boynton , Florida, according to the Plat thereof as recorded in P ok 1 Page 33, of the Public Records of Palm Beach County, ZL TO HAVE AND TO HOLD, the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining,and all the estate, right,title, interest, lien, equity and claim whatsoever of Grantor, either in law or equity, to the only proper use, benefit and profit of the said Grantee forever. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in qw presence: STEVO, INC. G C By: First Witness Signature o ert Stephens, Vice President Pride. Name r . Second Witness Signature Printed Name CFN 20200452113 BOOK 31948 PAGE 1053 Quit-Claim Deed-301 SE 4",Street,Boynton Beach,Florida 33435 2 OF 2 Q STATAWFLORIDA ) ss COUNTYQ00ALM BEACH ) TheAdre 7oing instrument was acknowledged before me by means of [X] physical presence or[ ] online .zation,this 26"'day of October,2020,by ROBERT STEPHENS,as Vice President of STEVO, IN behalf of the corporation, who has produced as identification is personally known to me. IN WITNESqPHEREOF, I have hereunt s my an affixe o cial seal. My Commission Expir ` otary Public O Notary Public Stat®of Florida Dana Stephens Rosenblatt My Commission GG 328509 f�\\)1aM1 Expires 07/29/2023 Q Fffi ITEWORK 0 ASPHALT PAVING 0 ROADWAYS 0 PARKING AREAS 0 CONCRETE WORK 1 SOUTH CONGRESS AVENUE PHONE $61-278-0456 RAY BEACH, FLORIDA 33445-7398 FAx 561-278-2147 @91YAY#@O July 26,2021 To: CK's Lockshop PHONE: (561)719-0283 Attn:Tina Stephens EMAIL.tina@cksecurity.com 301 SE 4th Street Boynton Beach, FL 33435 Name ol'Project: CK's Lockshop Parking Lot Mill and,Overlay Location: Boynton Beach, FL WE PROPOSE TO FURNISH ALL LABOR,MATERIAL AND EQUIPMENT TO PERFORM THE FOLLOWING: Mill and Overlay Existing Asphalt Parking Lot(Approximately 1,400 SY) WORK ITEMS- Patch holes and level low lying areas Mill to a depth of 1"1 broom clean Apply tack coat(bonding agent) Pave V Type S-111 Asphalt Re-stripe as existing $30,220.00 NOTE: • Prices are based on 1 mobilization; any additional mobilizations will be at a charge of$3,000.00 each. • Proposal includes restriping one handicap stall to code. Second stall is not to code and will be excluded. • Final billing will be based on field measurement extended at the unit pricing above. • No additional work beyond this proposal will be performed without a written change order. • Hardrives will be held harmless for any existing conditions in subgrade or drainage backfill which could cause asphalt to settle or pothole existing conditions, but will • We cannot be responsible for breakage of car stops during removal due to ex replace broken car stops at a unit price of$40.00 each. xi s and elevations of • We will attempt to improve the existing site drainage, but due to the existing condition the asphalt,we cannot guarantee to eliminate all standing water Round Up"for • Existing cracks with vegetation growing should be treated with 4,weed killer such as" several treatments before we arrive on the j96.This is the responsibility of the customer. • Large cracks in the existing asphalt may refibct through the new asphalt in time. • Power steering scuff marks will appear due to vehicular traffic backing out of parking stalls, but these 0 marks should dissipate in time. ane year from the date of completion. All material and workmanship is warranted for o • Permits and associated fees are the obligation of the customer. • There will be tire"tracking"—this cannot be avoided, but the tracking marks will dissipate in time. • Due to the uncertainty of the liquid index for asphalt,our prices may be subject to re-negotiation upon more than 5%movement in the liquid price. The liquid asphalt price will be based ol,n the current F.D.O.T. Index. • By executing this Contract, you are obligating yourself to our"Payment Schedule"which is as follows: 10%-Paid at execution of Contract 40%-Paid when work begins 40%-Paid upon substantial completion 10%­Paid upon final completion Prices are valid for 30 days ---I ACCEPTED BY: RD IVES, IPC. /7 —Ji *6 TITLE iiIHager, P ject Manager DATE: HARDRIVES CANNOT GUARANTEE OR BE RESPONSIBLE FOR ROCK BASE WORK CONSTRUCTED BY OTHERSt g and fast starts will damage asphalt, We cann be held responsible after completion of this proie��t. Grasp and weeds will grow through asphalt. Thof control these Is the Power steerin ot rosponswity of the owner or the Property. Buyers signed acceptance will constitute a binding convect, In the event there is any detault In payments due under this contract and the same is placed in the hands of an attorney for collectioR the purchaw and/or purchasers agree to pay all cost of colledort,holluding a reasonable attorneY$fee /kvP 1 = 4 - 1 7/30/2021 PAPA Maps 2 DOROTHYJACKS CFA,AAS =p P Beach Co ty P perty Appraiser Search by Owner,Address or Parcel View Property Record rr Owners Y" VOST LLC Property Detail { p Y .,,. . am. rl 301 SE 4TH ST ,nr ,. ?u -r, a..::y BOYNTON BEACH V "SE 2ndxAve .a.rce...wc. 08434528070020010 - cu,....vi: :c:,.! PENCE SUB NO 1 `{" Book 31948 Page 1052 F �' ac. Sa.le.Date OCT-2020 r 301 SE4TH ST fl Address BOYNTON BEACH FL 334354909 t J' Jse."Yoe 1 700-OFFICE ONE STORYOtad i c.., 6392 re=. e.e.t Sales Information Sales Date Price ' OCT-2020 10r-- NOV-1996 273300 (tfil�te - v DEC 1980 95000 t SE3rci Ave J ty w Appraisals +, Tax Year 2020 e 7 e._e... t .ue=. $507,581 (f jt .i-arl.d V .we=. $268,020 .(),.ai Market Va..we=. $775,601 I J All values are as of January 1 st _ J� each year Assessed/Taxable values Tax Year 2020 Ar;;e.;;;;e....,ta.lue=. $775,601 i-xer=Jorl..Amount $0 ti �axalkie ofaiue $775,601 S+ - n.� Taxes SE atr,-Ave � Tax Year 2020 :s--- c yjt Ad t. .e3m $16,596 ' Norl Ad Valorem m $2,851 tt:x $19,447; https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434528070020010 1/1 Curfman, Vicki From: Dana Rosenblatt <dana@cksecurity.com> Sent: Thursday, October 7, 2021 9:26 AM To: Curfman,Vicki Subject: RE: Updated driveway proposals for our project Attachments: Updated proposals for parking lot- in CK Lock Shop Bollards.pdf, Updated prop parking IotCK Lock Shop Paving.pdf, Updated proposal parking lot CK Lock Shop Drainage.pdf See below. Dana From: Dana Rosenblatt<dana@cksecurity.com> Sent:Wednesday, October 06, 202111:32 AM To: Nicklien, Bonnie <NicklienB@bbfl.us>; curfmanv@bbfl.us Cc:Tina Stephens<tina@cksecurity.com>; Dana Rosenblatt<dana@cksecurity.com> Subject: Updated driveway proposals for our project Hi Bonnie and Vicki, Problems have arisen with what is needed for our driveway and the proposals have increased. We need more work on the driveway than originally researched. We are signing and depositing with All County Pavement today to provide the work. They will then go and apply for the permit. Please see the three proposals that we are confirming with All County Pavement. Is it possible to increase our CRA re-imbursement to the maximum allowed? Thank you in advance, Dana Dana S. Rosenblatt Accounting Department dana@cksecurity.com St vO, Inc. db 1 's Lckshp & Security Center Boynton Location: 301 SE 4 Street Boynton Beach, FL 33435 561-732-9418 Delray Beach location: Mayfair Plaza 5 SE 6 Avenue i Delray Beach, FL 33483 561-265-1226 2 Grant Proposal Date Estimate of Improvments 50%of Improvements 20%Contin¢ency Grant Amount 1st Request Hardrives,Inc.-Paving 7/26/2021 $30,220.00 Delgados Artisian Painting No date $7,500.00 $37,720.00 $18,860.00 $3,772.00 $22,632.00 2nd Request Delgados Artisian Painting No date $7,500.00 All County Pavement 9/16/2021 Asphalt Paving $26,425.00 Bollard Pole Installation $6,300.00 Clean/Jet Drainage System $6,525.00 $46,750.00 $23,375.00 $4,675.00 $28,050.00 Max Grant Amount= $25,000.00 Difference= $2,368.00 1 = 4 - 1 r. AN : COUNlry PAVEMENT MANAGEMENT SOLUTIONS -.-. CK Lock Shop r y Ju liiiiw 301 SE 4th St Boynton Beach,FI 33435 Sep 16, 2021 i,00r�,,,q li logo ,,,llf lllll� IIIIIP PROJECT COORDINATION: 1. Assign project manager to handle the project. 2. Provide break-out site plans with work schedules for the project. 3. Have a pre-construction meeting with the customer's designated representative and any interested parties. 4. Determine staging area for the equipment. Included MILL ENTIRE SECTION: Up to 1,571 Sq.Yds. 1. Mill the existing asphalt average 1 inch 2. Pick up and stock pile car stops.Any broken car stops will be replaced at an additional cost of$60.00 each. 3. Any risers needed for underground utilities will be billed in addition to the contract amount. 4. Thoroughly clean off the existing surface prior to overlay. 5. Haul away all debris. Included ASPHALT PAVING: Up to 1,571 Sq.Yds. 1. Tack areas with DOT approved primer tack. 2. Level any depressed areas prior to paving. 3. Install 1 average hot plant mixed asphalt S-3 4. Roll and compact areas using a steel drum and rubber tire roller. 5. Remove any related debris from site $26,425.00 NEW PAVEMENT MARKINGS 1. Stripe a new layout using DOT approved latex white,yellow,and/or blue paints to match what was previously existing to include: Place and pin stock pile car stops,double round top stall lines, Handicap stall. 'Project bid with typical industry and municipal standards.City specifications,permit and code requirements are subject to change withoutnotice. Included �!llii Elm ® f I � I IIIIIII IIIII� III VIII III Illi IIIA IIIII�� II II III REMOVE AND REPLACE CONCRETE CAR STOPS: 1. To remove and replace 23broken or missing concrete car stops, please add$1,265.00 to the contract amount. , iII µ4 z}it ri, S t ,rGrt�s is �G�.t }�Mfr, � I } i7�� :1 1 • • r r. 4 �, itt l) t tt ,� }t xj }1tt �t�� t i t t tt �,� � � � • ;.- r. Ip;o, Il �III I,II, AN : COUNlry PAVEMENT MANAGEMENT SOLUTIONS -.-. We propose to furnish the material and perform the labor necessary for the . ® oory.q "'I""'IIIIII�"I lii II, completion of project in accordance to specifications, and subject to conditions stated herein for the sum of: $26,425.00 I, II 'Customer to enter$0.00 if no options selected All Prices quoted are valid for 30 days from the date of this proposal This proposal price • .• r . ® is based on work being completed during the hours of 7:00 AM and 6:00 PM, Monday- Friday,excluding holidays.Additional fees will apply if work is required to be completed at night or on the weekends. Please contact your sales representative for details. ACCEPTED: Prices,specifications,terms,and conditions are satisfactory and hereby accepted.You are authorized to do the work as specified.We agree to pay the total sum or balance in full upon completion of this project.payment will be made as outlined below. ® I; IIIIIII�III IIIIIIIIIIII Ih 30% Deposit 130% Upon Commencement 130%Substantial Completion 110% Final Completion ii l i p i of I ii Ili n III ❑ Select if email invoice is preferred Billing Company& Contact Name: Signature of Approval by Customer Billing Street Address: Billing City, State,Zip: Printed Name&Title/Position Billing Phone Number: Date Billing Contact E-mail iz t� r� �> {j>u; • iII µ4 z}it ri, S t ,rGrt�s is �G�.t }�Mfr, � I } i7�� :1 1 • • r r. I _ 4 �, itt l) t tt i }t xj }1tt �t�� t i t t tt �,� � � � • ;.- r. AN : couNlry PAVEMENT MANAGEMENT SOLUTIONS -.-. �s? 11116"'1111,11, X11 N,1 li114Wi 1� s r I C art ( �'• `�i t �� '' i 1i 'I I t N W s Z s W 0 0 w w A Y ys�l 12 i s;t � l 1� i ars t t S t f(ff i}St f 4 ,}o,�; j s j S e`. •:1 1 • • • r r. $ t,2 jl S 5 I? r t ri 1 � � • r. COUNlry PAVEMENT MANAGEMENT SOLUTIONS -.-. II I II I II I I I I I IIII VIII I�I�I�'I I I I I I j i, CUSTOMER INSTRUCTIONS AND INFORMATION Work Area Preparation 1. All County needs suitable access to the work area,and if it is dependent upon,or in conjunction with the work of others,such work shall be performed and completed prior to arrival,so All County can work uninterrupted in a single shift operation. 2. All vehicles must be removed from the work area no later than 7:15 am,unless otherwise agreed,to deliver the project work on schedule. 3. Tow Trucks need to be arranged 5 days prior to the start of work and must be on call toremove cars from the scheduled work zone as necessary.The Customer is financially responsible for towing services and any created delays.If any cars are left on the area of work,All County Paving cannot beheld responsible for any damage to the vehicle. - 4. All County Paving will not be responsible for persons entering the work area,tracking of materials or paint,or any damages to cars or persons trespassing in the designated areas 5. Existing asphalt or concrete cracks with vegetation growing in them should be prepared with several treatments of weed killer prior to All County Paving arrival' 6. The sprinkler system should be off 24 hours prior to the commencement of your project and stay off 48 hours after completion of project.The surface must be dry:for our arrival as areas where the newly sealed pavement is wet may wear prematurely. 7. Suspend lawn cutting during the work period. 8. Please make sure street sweepers are cancelled during the sealcoating projects and should not be used on newly sealcoated areas. 9. Dumpsters in the scheduled area must be removed or moved to another area.Dumpsters not moved,will be subject to additional fees Customer Expectation 1. New pavement is susceptible to scuffing and marks until it has properly cured. 2. Large cracks in the existing asphalt may reflect through the new asphalt in time. ' 3. There will be a tire'tracking'-this cannot be avoided,but the tracking marks will disappear in time. 4. The asphalt surface that will be placed on this project will not have the finish and look of a sealcoat application:'If sealcoat is desired later,All County Paving will be happy to quote you separately. 5. Sealcoating is not a crack filler.All existing cracks in the pavement will still be visible after sealcoating 6. All County Paving cannot guarantee elimination of standing water. 7. All County guarantees the sealer against peeling or flaking off of stable asphalt for a period of(1)year,excluding normal wear&tear. 8. All County guarantees all workmanship and materials for up to(1)year,excluding normal wear&tear.Warranty starts at conclusion of.work and is not valid until payment has been made in full. 9. A certificate of Insurance will be issued upon request prior to commencement of work. CONTRACT TERMS AND CONDITIONS 1. Our proposals are limited to include items only,anything not specifically included is excluded from contract.Any alteration or deviation from proposal specifications involving extra costs,will be executed only upon written orders,and will become an extra charge over and above the estimate. 2. The proposal or contract provided,including all stated terms and conditions,shall become a legally binding attachment to any contract entered between All County Paving and the financially responsible company for which the work will be performed. 3. All County Paving recommends a Civil Engineer be retained for ADA upgrades.As such All County Paving makes no claim that ADA upgrades will meet any/all Iocal,state and federal guidelines on ADA compliance. 4. For projects requiring city or county permits,All County Paving will coordinate the process and charge an Actual Permit&Procurement Fee of$495.00 per permit,plus actual cost of permit(s).Any additional work required by the permit(s)will be extra to the contract amount. 5. Any work performed by All County Paving which work is on public property,the(Client/Owner)agrees and understands that the project property which it owns shall be charged with all indebtedness here under. 6. In the event of any litigation or other proceeding arising out of this agreement,the prevailing party shall be entitled to collect its attorneys'fees and all costs of litigation from the other party,including appellate attorneys'fees. 7. All accounts past due will incur a finance charge of 18%per annum. 8. All County Paving reserves the right to withdraw the proposal at any time prior to the commencement of work should material price fluctuations rise significantly. 9. All County reserves the right to revisit the site if time has elapsed from the original proposal to acceptance. 10. Any additional mobilizations for Paving will be billed at a rate of$5,500.00 each. 11. Any additional mobilizations for Sealcoating will be billed at a rate of$1,750.00 each. 12. Delays to All County Paving of a Maintenance Crew shall be paid at a rate of$200.00 per half hour and delays to All County Paving of a Paving and/or Milling Crew shall be paid at a rate of$350.00 per half hour by the customer. 13. Any broken car stops will be replaced at an additional cost of$60.00 each. 14. There will be a charge of$47.50 above the Contract amount to dispose of used materials at an approved environmentally compliant waste facility. 15. Due to the fluctuations in the petroleum markets,All County Paving reserves the right to impose a fuel surcharge. 16. Reflective Pavement Markers are excluded from the warranty.Any additional reflective pavement markers that are required by the city code will be an additional charge of$10.00 each to the contract amount. 17. All County Paving will not be responsible for damage to grass,sod,irrigation or any other underground utilities.Excavated materials will be left in the islands/landscaped areas. 18. All County Paving will not be responsible for unforeseen conditions that arise,they may result in additional costs to the customer. 19. All County guarantees its'sealer products against peeling or flaking of stable asphalt for a period of(1)year,excluding normal wear and tear. 20. Newly seal coated areas will be barricaded for 24-48 hours after project completion.It is the responsibility of the customer to keep the area clear to allow proper curing of the material.Failure to do so will void any warranty. 21. All County Paving guarantees all workmanship and materials for up to(1)year,excluding normal wear and tear.The warranty starts at the conclusion of work and is not valid until payment has been made in full. 22. All work is to be completed in a workmanlike manner according to standard practices.Our workers are covered by Workmen's Compensation Insurance. Customer must initial here that they have read and accept the above Terms&Conditions iz t� r� �> {j>u; • r r� ,t � r a ii ass N µl z}It ri, l t r�r�t�s� is �G�.�t� }�Mfr, � I } i7�� :1 1 • • r r. � rlt l) t tt i }t xj }1tt �t�� t i��t t tt �,� � � � • ;.- COUNiry M : PAVEMENT MANAGEMENT SOLUTIONS -.-. CK Lock Shop r y Ju liiiiw 301 SE 4th St Boynton Beach,FI 33435 Sep 16, 2021 BOLLARD POLE INSTALLATION: For(6) Bollards 1. Demo existing area and excavate. 2. Install new 6 Ft. bollards with 2 Ft. in concrete and 4 Ft.above grade. 3. Pour concrete footer/pad surrounding the bollard poles using 3,000 psi concrete. 4. Paint bollards using DOT approved latex yellow paint. 5. Haul away any related debris. $6,300.00 c 11 4 a PAVEMENT MANAGEMENT SOLUTIONS � 1 yff l r2 i s;1 f l 11 i >1� t i r 4 4 1 ` '"� — • S t i f(ff � �}St $ t,2 �: f 4 ,}o,�; j 1 j S e_`. •:1 1 • • • . �. S 5 1 U 11 r t ri 1 � A • �III I,II, COUNlry AN : PAVEMENT MANAGEMENT SOLUTIONS -.-. We propose to furnish the material and perform the labor necessary for the . ® oory.q "'I""'IIIIII�"I lii II, completion of project in accordance to specifications, and subject to conditions stated herein for the sum of: $6,300.00 I, II 'Customer to enter$0.00 if no options selected All Prices quoted are valid for 30 days from the date of this proposal This proposal price • .• . ® is based on work being completed during the hours of 7:00 AM and 6:00 PM, Monday- Friday,excluding holidays.Additional fees will apply if work is required to be completed at night or on the weekends. Please contact your sales representative for details. ACCEPTED: Prices,specifications,terms,and conditions are satisfactory and hereby accepted.You are authorized to do the work as specified.We agree to pay the total sum or balance in full upon completion of this project.payment will be made as outlined below. j I'. "' IIIIIII�III IIIIIIIIIIII Ih Payment Due Upon Completion ii l i p i of I ii Ili n III ❑ Select if email invoice is preferred Billing Company& Contact Name: Signature of Approval by Customer Billing Street Address: Billing City, State,Zip: Printed Name&Title/Position Billing Phone Number: Date Billing Contact E-mail iz t� r� �> {j>u; • iII µ4 z}it ri, S t ,rGrt�s is �G�.t }�Mfr, � I } i7�� :1 1 • • � �. I _ 4 �, itt l) t tt i }t xj }1tt �t�� t i t t tt �,� � � � • ;.- Iplo, I` COUNlry PAVEMENT MANAGEMENT SOLUTIONS -.-. II I II I II I I I I I IIII VIII I�I�I�'�I I I I I j 1, CUSTOMER INSTRUCTIONS AND INFORMATION Work Area Preparation 1. All County needs suitable access to the work area,and if it is dependent upon,or in conjunction with the work of others,such work shall be performed and completed prior to arrival so All County can work uninterrupted in a single shift operation. 2. All vehicles must be removed from the work area no later than 7:15 am,unless;otherwise agreed,to deliver the project work on schedule. 3. Tow Trucks need to be arranged 5 days prior to the start of work and must be on call to remove cars from the scheduled work zone as.necessary,The Customer is financially responsible for towing, services and any created delays.If any cars are left on the area of work,All County Paving cannot beheld responsible for any damage to the vehicle. 4. All County Paving will not be responsible for persons entering the work area,tracking of materials or paint,or any damages to cars or persons trespassing in the designated.areas 5. Existing asphalt or concrete cracks with vegetation growing in them should be prepared with several treatments of weed killer prior to All County Paving arrival 6. The sprinkler system should be off 24 hours prior to the commencement of your project and stay off 48 hours after completion of project.The surface must be dry for our arrival as areas where the newly sealed pavement is wet may wear prematurely. 7. Suspend lawn cutting during the work period. 8. Please make sure street sweepers are cancelled during the sealcoating projects and should not be used on newly sealcoated areas 9. Dumpsters in the scheduled area must be removed or moved to another area.Dumpsters not moved,will be subject to additional fees. Customer Expectation 1. New pavement is susceptible to scuffing and marks until it has properly cured. ' 2. Large cracks in the existing asphalt may reflect through the new asphalt in time. 3. There will be a tire'tracking'-this cannot be avoided,but the tracking marks will disappear in time. 4. The asphalt surface that will be placed on this project will not have the finish and look of a sealcoat application.If,sealcoat is desired later,All County,Paving will be happy to quote you separately. 5. Sealcoating is not a crack filler.All existing cracks in the pavement will still be visible after sealcoating 6. All County Paving cannot guarantee elimination of standing water. 7. All County guarantees the sealer against peeling or flaking off of stable asphalt for a period of(1)year,excluding normal wear&tear. . 8. All County guarantees all workmanship and materials for up to(1)year,excluding normal wear&tear.Warranty starts at conclusion of work and is not valid until ' payment has been made in full. 9. A certificate of Insurance will be issued upon request prior to commencement of work. CONTRACT TERMS AND CONDITIONS 1. Our proposals are limited to include items only,anything not specifically included is excluded from contract.Any alteration or deviation from proposal specifications involving extra costs,will be executed only upon written orders,and will become an extra charge over and above the estimate. 2. The proposal or contract provided,including all stated terms and conditions,shall become a legally binding attachment to any contract entered between All County Paving and the financially responsible company for which the work will be performed. 3. All County Paving recommends a Civil Engineer be retained for ADA upgrades.As such All County Paving makes no claim that ADA upgrades will meet any/all Iocal,state and federal guidelines on ADA compliance. 4. For projects requiring city or county permits,All County Paving will coordinate the process and charge an Actual Permit&Procurement Fee of$495.00 per permit,plus actual cost of permit(s).Any.. additional work required by the permit(s)will be extra to the contract amount. 5. Any work performed by All County Paving which work is on public property,the(Client/Owner)agrees and understands that the project property which it owns shall be charged with all indebtedness here under. 6. In the event of any litigation or other proceeding arising out of this agreement,the prevailing party shall be entitled to collect its attorneys'fees and all costs of litigation from the other party,including appellate attorneys'fees. 7. All accounts past due will incur a finance charge of 18%per annum. 8. All County Paving reserves the right to withdraw the proposal at any time prior to the commencement of work should material price fluctuations rise significantly. 9. All County reserves the right to revisit the site if time has elapsed from the original proposal to acceptance. 10. Any additional mobilizations for Paving will be billed at a rate of$5,500.00 each. 11. Any additional mobilizations for Sealcoating will be billed at a rate of$1,750.00 each. 12. Delays to All County Paving of a Maintenance Crew shall be paid at a rate of$200.00 per half hour and delays to All County Paving of a Paving and/or Milling Crew shall be paid at a rate of$350.00 per half hour by the customer. 13. Any broken car stops will be replaced at an additional cost of$60.00 each. 14. There will be a charge of$47.50 above the Contract amount to dispose of used materials at an approved environmentally compliant waste facility. 15. Due to the fluctuations in the petroleum markets,All County Paving reserves the right to impose a fuel surcharge. 16. Reflective Pavement Markers are excluded from the warranty.Any additional reflective pavement markers that are required by the city code will be an additional charge of$10.00 each to the contract amount. 17. All County Paving will not be responsible for damage to grass,sod,irrigation or any other underground utilities.Excavated materials will be left in the islands/landscaped areas. 18. All County Paving will not be responsible for unforeseen conditions that arise,they may result in additional costs to the customer. 19. All County guarantees its'sealer products against peeling or flaking of stable asphalt for a period of(1)year,excluding normal wear and tear. 20. Newly seal coated areas will be barricaded for 24-48 hours after project completion.It is the responsibility of the customer to keep the area clear to allow proper curing of the material.Failure to do so will void any warranty. 21. All County Paving guarantees all workmanship and materials for up to(1)year,excluding normal wear and tear.The warranty starts at the conclusion of work and is not valid until payment has been made in full. 22. All work is to be completed in a workmanlike manner according to standard practices.Our workers are covered by Workmen's Compensation Insurance. Customer must initial here that they have read and accept the above Terms&Conditions iz tr rr �> {j>u; • �l r rr ,t � r a ii ass N µl r}tIt ri, l t r�r�t�s� is �G�.�t� }�Mfr, � I } i7�� :1 1 • • � �. � rrt l) t tt i }t xj }1tt �t�� t i��t t tt !,� � � � • ;.- COUNlry E : PAVEMENT MANAGEMENT SOLUTIONS -.-. II•iau� '�IC 71 „I®il �������il CK Lock Shop r y Ju liiiiw 301 SE 4th St Boynton Beach,Fl 33435 Sep 16, 2021 boor�,,,q � � ii io�o ,,,�If iiiii� IIIIIP Clean/Jet Drainage System: 1. Mobilize labor and equipment to jobsite. 2. Telespection of the main drainage pipe and catch basin with camera truck. 3. Clean and jet existing structures and drainage pipes: 4. Clean area and haul away any related debris. NOTE:This proposal excludes any repair work found for the telespection to the system. $6,525.00 elespection Mai I Hydraulic jet vac cleaning t E � PAVE 1.1 ENT MANAGEMENT SOLI TIONS t f rill 7i tE}E�y iA tr h r7s i� tr I .�zt,rQ i 'r j' ,��ssi�Pf��i��; Dana Rosenblatt', LL— Lock Shop 30 361 SE 4th St. Baynton Beach,FL 33435 dana@cksecurity.com 561-732-9418 a PROPOSAL NUMBER:2021 04569 South FL.Corporate Office Central Florida Paving Advisor 1184 SW 10th St. 6648 Old Cheney Highway-Unit D David Lyonnais Delray Beach,FL 33444 Orlando FL 32807 T.561-232-5799 561-588-4949 407-610-6069 E:dlyonnais@allcountypaving.corn www.ALLCOUNTYPAVING.com �III I,II, COUNlry AN : PAVEMENT MANAGEMENT SOLUTIONS -.-. We propose to furnish the material and perform the labor necessary for the . ® oory.q "'I""'IIIIII�"I lii II, completion of project in accordance to specifications, and subject to conditions stated herein for the sum of: $6,525.00 I, II 'Customer to enter$0.00 if no options selected All Prices quoted are valid for 30 days from the date of this proposal This proposal price • .• . ® is based on work being completed during the hours of 7:00 AM and 6:00 PM, Monday- Friday,excluding holidays.Additional fees will apply if work is required to be completed at night or on the weekends. Please contact your sales representative for details. ACCEPTED: Prices,specifications,terms,and conditions are satisfactory and hereby accepted.You are authorized to do the work as specified.We agree to pay the total sum or balance in full upon completion of this project.payment will be made as outlined below. j I'. "' IIIIIII�III IIIIIIIIIIII Ih Payment Due Upon Completion ii l i p i of I ii Ili n III ❑ Select if email invoice is preferred Billing Company& Contact Name: Signature of Approval by Customer Billing Street Address: Billing City, State,Zip: Printed Name&Title/Position Billing Phone Number: Date Billing Contact E-mail iz t� r� �> {j>u; • iII µ4 z}it ri, S t ,rGrt�s is �G�.t }�Mfr, � I } i7�� :1 1 • • � �. I _ 4 �, itt l) t tt i }t xj }1tt �t�� t i t t tt �,� � � � • ;.- Iplo, I` COUNlry PAVEMENT MANAGEMENT SOLUTIONS -.-. II I II I II I I I I I IIII VIII I�I�I�'�I I I I I j 1, CUSTOMER INSTRUCTIONS AND INFORMATION Work Area Preparation 1. All County needs suitable access to the work area,and if it is dependent upon,or in conjunction with the work of others,such work shall be performed and completed prior to arrival so All County can work uninterrupted in a single shift operation. 2. All vehicles must be removed from the work area no later than 7:15 am,unless;otherwise agreed,to deliver the project work on schedule. 3. Tow Trucks need to be arranged 5 days prior to the start of work and must be on call to remove cars from the scheduled work zone as.necessary,The Customer is financially responsible for towing, services and any created delays.If any cars are left on the area of work,All County Paving cannot beheld responsible for any damage to the vehicle. 4. All County Paving will not be responsible for persons entering the work area,tracking of materials or paint,or any damages to cars or persons trespassing in the designated.areas 5. Existing asphalt or concrete cracks with vegetation growing in them should be prepared with several treatments of weed killer prior to All County Paving arrival 6. The sprinkler system should be off 24 hours prior to the commencement of your project and stay off 48 hours after completion of project.The surface must be dry for our arrival as areas where the newly sealed pavement is wet may wear prematurely. 7. Suspend lawn cutting during the work period. 8. Please make sure street sweepers are cancelled during the sealcoating projects and should not be used on newly sealcoated areas 9. Dumpsters in the scheduled area must be removed or moved to another area.Dumpsters not moved,will be subject to additional fees. Customer Expectation 1. New pavement is susceptible to scuffing and marks until it has properly cured. ' 2. Large cracks in the existing asphalt may reflect through the new asphalt in time. 3. There will be a tire'tracking'-this cannot be avoided,but the tracking marks will disappear in time. 4. The asphalt surface that will be placed on this project will not have the finish and look of a sealcoat application.If,sealcoat is desired later,All County,Paving will be happy to quote you separately. 5. Sealcoating is not a crack filler.All existing cracks in the pavement will still be visible after sealcoating 6. All County Paving cannot guarantee elimination of standing water. 7. All County guarantees the sealer against peeling or flaking off of stable asphalt for a period of(1)year,excluding normal wear&tear. . 8. All County guarantees all workmanship and materials for up to(1)year,excluding normal wear&tear.Warranty starts at conclusion of work and is not valid until ' payment has been made in full. 9. A certificate of Insurance will be issued upon request prior to commencement of work. CONTRACT TERMS AND CONDITIONS 1. Our proposals are limited to include items only,anything not specifically included is excluded from contract.Any alteration or deviation from proposal specifications involving extra costs,will be executed only upon written orders,and will become an extra charge over and above the estimate. 2. The proposal or contract provided,including all stated terms and conditions,shall become a legally binding attachment to any contract entered between All County Paving and the financially responsible company for which the work will be performed. 3. All County Paving recommends a Civil Engineer be retained for ADA upgrades.As such All County Paving makes no claim that ADA upgrades will meet any/all Iocal,state and federal guidelines on ADA compliance. 4. For projects requiring city or county permits,All County Paving will coordinate the process and charge an Actual Permit&Procurement Fee of$495.00 per permit,plus actual cost of permit(s).Any.. additional work required by the permit(s)will be extra to the contract amount. 5. Any work performed by All County Paving which work is on public property,the(Client/Owner)agrees and understands that the project property which it owns shall be charged with all indebtedness here under. 6. In the event of any litigation or other proceeding arising out of this agreement,the prevailing party shall be entitled to collect its attorneys'fees and all costs of litigation from the other party,including appellate attorneys'fees. 7. All accounts past due will incur a finance charge of 18%per annum. 8. All County Paving reserves the right to withdraw the proposal at any time prior to the commencement of work should material price fluctuations rise significantly. 9. All County reserves the right to revisit the site if time has elapsed from the original proposal to acceptance. 10. Any additional mobilizations for Paving will be billed at a rate of$5,500.00 each. 11. Any additional mobilizations for Sealcoating will be billed at a rate of$1,750.00 each. 12. Delays to All County Paving of a Maintenance Crew shall be paid at a rate of$200.00 per half hour and delays to All County Paving of a Paving and/or Milling Crew shall be paid at a rate of$350.00 per half hour by the customer. 13. Any broken car stops will be replaced at an additional cost of$60.00 each. 14. There will be a charge of$47.50 above the Contract amount to dispose of used materials at an approved environmentally compliant waste facility. 15. Due to the fluctuations in the petroleum markets,All County Paving reserves the right to impose a fuel surcharge. 16. Reflective Pavement Markers are excluded from the warranty.Any additional reflective pavement markers that are required by the city code will be an additional charge of$10.00 each to the contract amount. 17. All County Paving will not be responsible for damage to grass,sod,irrigation or any other underground utilities.Excavated materials will be left in the islands/landscaped areas. 18. All County Paving will not be responsible for unforeseen conditions that arise,they may result in additional costs to the customer. 19. All County guarantees its'sealer products against peeling or flaking of stable asphalt for a period of(1)year,excluding normal wear and tear. 20. Newly seal coated areas will be barricaded for 24-48 hours after project completion.It is the responsibility of the customer to keep the area clear to allow proper curing of the material.Failure to do so will void any warranty. 21. All County Paving guarantees all workmanship and materials for up to(1)year,excluding normal wear and tear.The warranty starts at the conclusion of work and is not valid until payment has been made in full. 22. All work is to be completed in a workmanlike manner according to standard practices.Our workers are covered by Workmen's Compensation Insurance. Customer must initial here that they have read and accept the above Terms&Conditions iz tr rr �> {j>u; • �l r rr ,t � r a ii ass N µl r}tIt ri, l t r�r�t�s� is �G�.�t� }�Mfr, � I } i7�� :1 1 • • � �. � rrt l) t tt i }t xj }1tt �t�� t i��t t tt !,� � � � • ;.- i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD M EETING OF: November 9, 2021 CRA PROJECTS IN PROGRESS AGENDAITEM: 14.A. SUBJECT: Social Media Update SUMMARY: SOCIAL MEDIA INITIATIVES Throughout the month of October, the BBCRA social media platforms were utilized to promote local business offerings, provide updates about BBCRA initiatives, and to promote the agency's 10th Annual Boynton Beach Haunted Pirate Fest & Mermaid Splash event. A variety of posts were shared to promote local businesses. Featured businesses included: Driftwood, Aurora's Mexican Kitchen, Hurricane Alley, The Sol Oasis Healing Arts Center, and Troy's Bar-Be-Que. See Attachment I for examples of the social media and print marketing that were published in October and Attachment I I for a full listing of the Facebook posts that were promoted. CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action required unless otherwise determined by the CRA Board. ATTACHMENTS: Description D Attachment I — October— Social Media Marketing Overview D Attachment 11 — October— Facebook Posts w Q 0 Q 0 w J Q U O to Oex es 0. � G � u cn �t e4 O c 2 .„ "A cn 1 � F 2cn C 8 a, W G 9 ft } � _ o 0 q7 L1 � g A � i } 9 cn G V 1 W on a N y,vq J R R uy m y IT QI 4 cn 1 t ! t n 't ;. cn cn cn O cn LLI cn as LU car Q st t {Iu, O � �r y cno rra cn cn 0 0 CL P LU O Q b .�, uj W M E �o U2 Z, �0// 81 O cn n w cn cn W k4 y � � W u a CS R .i W � I, k Q V9LE Er 15. to a, - c v a cn a a � t. \ \ � : { : � } � { \ \ cn ■ �� � \\ ` \ n =L � �` . \ � \\ - \ LLI ,: �_ �: �_ �. \ \ � ƒ / } \ � \ AA _ \ \ \ ^ `\ , `^ \ \ \ Z \ \ cn \ \\ \ October Facebook Posts 1C`31=2-321 1 '1,ersyou toryc—aiwhc °isGte � �� -� 1610 =heThe 1C�hY.nri-ei E°cy�an Beech 2. 104 1C 31`2321 -"hire tbn tr cry a14 44 r. 70Do l'agwn_c .on Sea_n-h=e 1 15 1C 2r3=`2521 C'Onr Cr tc gn ,(L;ptrc_ortr aSLr 1 1 21 C- rap Brr Vi it O 1C 33!2321 =i DcBcwr-.on n fo FM I. K 3 -"ham 1C.h Arr_€a6 Eoyntor Ea3ch 5 1 GQ 00 2521 The 1r h Arr al Eaynrar,Beech 1125v 2;3 r;aur. P[ra?e Feet&Varma r� = 14 1C ai`2321 n °;e c3e tr,S;bo re IOth, 529 23 1C 3`2521 Plannyra an drving to The 15€.hfq 1."1 I:: Arr.ai 2,a ntara Eenoln.HBLntred 15 1C ,'2321 ®tap ty roc.Pry CCE.Rn dL-?na The v,r 1C 5P23'21 ' 13LR R G. OSIS are On the � 251 4, acre it Dow-Loon Bo rtcm Beavi! 2 1C 5i2321 Don't tc vasit The Bumner a7i ��;s � 'S. 15 -'ham_e curir he 12ih Ar,r_€-;6 u 1 1C s2321 7j-e tr h Arnr al Scyfn+ar,Beach 54621 r;aur.ed Pira?e Feet&Vern.e r2 19 1&2=321 Don't mi Es ¢rr n Alc Tdk:®er 4'- IAA IJ Grand v��n1 .a tnd�.F i z 3:30- 21 � 1C Z1=`25'21 Don't v9€ sA.um_ Me n 107 a 2K Kil:unar zr 71ae'VCnh ArmuASa;irsiar 60 IU212021 Don t mi r., _.�a 1C.h,3rr_€a6&a�ntur Eaach 42 1Cr1 Z'2 21 .r`r'i1 The Soi Oasis Eoynton Beach 42 Yoga << `(oga Spa i„ea9€rg PIS Carte,in 1.&K 24 1C'1-&'2D21 _1al. o via--Ay c --cwr on ,_n k 254 1,3 arc Parks"2_,.a .r e,nt_ 1 1Cr152 21 Don't r €ssthe'"t, c:cavrc �' � 1�1 1 =earn,Govarrmant._Tree r-da%, 2 1C`14!2G21 7" --Ay 0.;_ wmon_ea_r-, _o � =33 e-nmr-r.'s.JDb FBir is 1Ct1as2 21 Don't c.rgar=c visit The oa-dtrra€K. IA aci 24 fmloan 1_ wrsarney Buyrn4on 13 1C 1=321 re forma ont_s=_sc y€ s as _ .4 e1�a-€lature Craft mart a a a 1Cr`11,2G21 %Nannajcrn tra oRCRr t arr? 41 ;,UM1 the lun bel-vu t.oap , .or ar 24 1C 1'3!2221 —"-erg :i 'one Ge^r w iCXat k YV 2 „` for cnnr_ w v,__,Jin m t"er O U 1C101422'321 Bewn cn Beach H untec Prate Trigy, r _3- 2.3 a anc Mei,mRic vol_a_�ansa_named 2`4 1G G3,2321 070 r I FE r r*-trance are:aja€c;_n!e a 35 1 a.er! 4 1 CtGai2321y aye a alt at c =3a,s'ester'. 39 1G CT2021 Do n t n i i a€ nc,Dc 9cy°tin r c-2 44 _ea_n at this yeaas-"ha 1Gzh 4.5 1M,7.'2321 !3t re of€,aar allation:The Sct°ntcn 257 G Beach 1GD3i2321 _tmrFar9 rnGSWC RD1.0 Q0 J k r, 13 12 JP_cmediian2 veausfull 1 1CfG.52321 1"ar s�J lrne s_s1 b Tl,e r - r t T 436 " BLr.Che a°,d T'ne Ear fc 10 h,Of 1C C, 2321 Are VOLan aspornG vide ogrz Phar ry1i u � We are icor'ng for someone with a 1� 1CfG1.2'321 Gr o your crawi ardceabRta a' 453 2r nnall"ean at r-x _a ne Adev with 8 i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD M EETING OF: November 9, 2021 CRA PROJECTS IN PROGRESS AGENDAITEM: 14.13. SUBJECT: CRA Economic & Business Development Grant Program Update SUMMARY: The CRA's reimbursable Economic Development Grants provide 50% of the project costs in matching funding for rent and commercial property improvements. The grant programs continue to further the CRA's mission to activate vacant commercial space, assist businesses, create jobs and develop a vibrant downtown. Grant guidelines and applications can be downloaded from the CRA website www.boyntonbeachcra.com. Below is a status report of the CRA's Economic Development Grant Programs and Business Development activities for FY 2021-2022: FY 2021-2022 Budget $556,600 Grants Awarded since November 1, 2021 2,368 Remaining Fund Balance as of 11/8/21: $554,232 In addition to the increase grant request from Stevo, Inc. d/b/a CK's Lockshop & Security Center, there are several grant funding applications currently being reviewed by staff for next month's approval. There were six new BTRs issued by the City. Staff will be following up with the businesses below to introduce our BBCRA Economic Development Grant Programs and SMOP. New Business Tax Receipts issued in October 2021 within the CRA boundaries: Business Name Business Address Business Type FLORIDA TIRE SHOP 309 NE 3RD STREET TIRE SALES CHARLES AUTO REPAIR 555 N RAILROAD AVE AUTO MECHANIC LLC AMERICAN CREDIT 2755 S FEDERAL HWY8 COLLECTION AGENCY BUREAU, INC 1300 W INDUSTRIAL AVE QUI ET OPS 101 SECURITY SERVICE VISIONARY SPA& 500 GULFSTREAM BLVD CHI ROPRACTOR HEALTH CARE 208 NOELAUTO REPAIR 750 W INDUSTRIAL AVE AUTO MECHANIC SERVICES, INC FISCAL IMPACT: FY2021-2022 Budget, Project Fund, Line Item 02-58400-444, $556,600 CRA P LAN/P ROJ ECT/P ROG RAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action needed at this time unless otherwise determined by the Board. i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD M EETING OF: November 9, 2021 CRA PROJECTS IN PROGRESS AGENDAITEM: 14.C. SUBJECT: Palm Beach County Housing Authority Auction of the Cherry Hill Lots Update SUMMARY: The BBCRA was the successful bidder for Lot 18 -404 NW 12th Avenue -which is adjacent to a BBCRA owned lot (see Attachment 1). The lot is approximately 2,548 sq. ft. (25' x 100') with a winning bid price of $66,000 plus a 10% premium for a total contract price of $72,600. The BBCRA is currently under contract for the lot located at 404 NW 12th Avenue (see Attachments I I and 111). The anticipated closing date was November 3, 2021. On October 29, 2021, the CRA received a written notice that the seller is exercising its option to extend the closing to December 3, 2021 in accordance with Paragraph 4 of Exhibit B to the Purchase and Sale Contract. CRA staff and legal counsel will plan accordingly for the December 3, 2021, closing (see Attachment IV) and will report back to the Board after obtaining results of the final ownership list from the PBCHA. BACKGROUND On Tuesday, September 14, 2021, at 10:00 a.m. the auction of the Palm Beach County Housing Authority's 40 vacant lots, located in Cherry Hill, opened for bidding through Fisher Auction Company (FAC) (see Attachment V). Attached is the list of the properties including the opening bid on each lot (see Attachment VI). The BBCRA had budgeted $500,000 for the auction along with City funding (American Rescue Plan Act funds) in the amount of$500,000 for a total of$1 Million dollars to participate in the auction. Both the BBCRA and City staff participated and monitored the auction. The lots were broken down as follows: • 28 -25' wide lots • 9 -50'-60' wide lots • 2 1 00' wide lots The BBCRA actively engaged in the bidding process but was outbid on all but one lot. The following is a breakdown of the average sales price of each of the lots: • 25' wide lots -averaged $64,000 • 50'-60' wide lots -averaged $105,000 • 100' wide lots - averaged $193,000 Attachment VII provides the BBCRA's bidding results on various lots. BBCRA staff monitored the auction closely so that there will be sufficient money to pay for all of the BBCRA winning bids plus deposits and could not justify the bidding prices. The lots were being sold too far above the appraised values (see Attachment VIII). Overpaying for the land would artificially inflate the land value and make it cost prohibitive to construct an affordable product that could be absorb by the market for this area. The BBCRA was also contacted by FAC to see if the BBCRA was interested in submitting our best offer on other lots that may be available if the properties do not close by November 3, 2021. CRA staff will be evaluating the information and will be submitting our best offer to FAC with consideration of the potential impacts to the area as previously indicated. FISCAL IMPACT: FY2021-2022 Budget, Line Item 02-58200-406, $72,600 plus closing costs CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: ATTACHMENTS: Description D Attachment I - BBCRA Lot Purchased Map (Lot 18 or 404 NW 12th Avenue) D Attachment II -Winning Bid Notification from Fisher Auction Company D Attachment III- "As Is" Contract for Lot 18 (404 NW 12th Avenue) D Attachment IV -October 29, 2021 Closing Extension Notification Email D Attachment V -Aerial Map of PBCHA Lots in Auction D Attachment VI - Fisher Auction Company List of Lots & Starting Bids D Attachment VII - Bidding History D Attachment VIII - BBCRAAppraisal Sheet Used for Bidding Purposes F ^ z J - LLL CJ ca 49 m Y J Y � H J i5 N �l } !� S } A } iplig' fli� t. s v�y r Flrt rl } y'i I �h rra ,'fR+Ist+I s �` — sr,x ,iir s �fti r i�l{ii ) reit 41rt{4 �k' ti 4 r {lr r tltt �)a 4{ 1t i trtt f t�N?rs is rY,s y irnt s l� � l rrtf},`- �r�)ii�Zi���ti)lt`jtY � tr t f1%r#`i 4 r{t9}+l�i4t4\1 rr ftiitr4it�t{ fi;, � � 4�� r bP t t t l lir ��S"{r 10� p l, t�\�1 t��'f1{i„.,,UI )@r4tr tk 3r lrs Grl tr r t,.,•'r rl irillrr {sstij;�lV4trtr t.sir(�H�\�fll�tit��}�it'rjtti�rl�1{r ii?rl{ti�{�rtl�lrt}ri ) t trr7tr tr{ itf� f l,_1t � �l�� tt£� l� 7 - {S 14 rl i rkt} a. tY t,s i tr rpSi�s� 1 tis From: Andre LaBawe To: Shutt,Thuv Subject: PBCHA Auction-Successful Bid Date: Wednesday,September 15,20213:50:12 PM Attachments: Wire Instructions TX-Safe Escrow-obcha.odf Importance: High Good Afternoon Ms.Shutt, Congratulations on your winning bid for Property#18-404 NW 12th Avenue,Boynton Beach,FL 33435. Buyer's Contract Escrow Bid Price Premium Price Deposit $66,000.00 $6,600.00 1 $72,600.00 $7,260.00 Your contract will be coming from Paul Fisher via DocuSign. $7,260.00 Escrow Deposit(10%of your total Contract Price).Please reference the Name on the Contract,the Address(es)of the property and Title Experts on your wire transfer.Once your wire has been confirmed by the Escrow Agent the hold on your credit card will be released. We thank you for participating in the Auction and look forward to a successful closing! Please let me know if you have any questions or need anything additional. Best regards, Andre LaBauve,CFO Fisher Auction Company "Over 50 Years of Continued Success" 2112 East Atlantic Boulevard Pompano Beach,Florida 33062 Direct:754.220.4124 1 Phone:800.331.6620 x4124 Fax:954.782.8143 1 andrePfisherauction.com Disclaimer: This e-mail is intended only for the person addressed.It may contain confidential information and/or privileged material. If you receive this in error,please notify the sender immediately and delete the information from your computer.Please do not copy or use it for any purpose nor disclose its contents to any other person. ro m Aa -m u 10 E E 0 uy o 0 ry 0 vi 0 411 C) Elf (-) W 0 al w cl, Wl cm- di En - exLL K. w (1, cj-CD m Ll aj LL STj m, g3 w cT(Q D w Gr'.Q qIj 'D "n R—b m 448 "t Lo o o 0 'o o o j co fW Lo 0- cl Cl _j _j el wA R7 _j o LL, Q, LL 14. u.. 1. 2 V) yj m o'C7 o o C1 o I m c, o c c d, a� < dal 41 d, , cn M cn CY) Xam ci) cL LL LL LL LL z j i z 0 b ow q, 0 0 0 cc uj aj m M > ,.gip". 0 ii o-�b m m m m -j T co C, 00 C,4 W, 04 7, ............ 6J 4,3 G7 be xt Z q� Z q, Z q, z QL-2 x CL m IV J2: CL Q, Cl 0, LL ,iy LL CY if, co m ,4 CO c® Lo lfd m LL q 04 LL�A uj lb Q 'D fLl.N Go � LIi z Cl V 49 t �—c C) ca CD 2) WP w LL CV) cr) LJ In Z GO LL LL LL 3 V, to z z z c] Sl 't m L�, co co 't 't -j 0 LCY m m CS 1 0 T 0 x r 5, o 0 0 wm CL: w LW <U -j T IF 0 -j _j U. its m ca, M Mn,,� Cl ol m EO CV) CO ED_j co Z --j z -j m m .9t v a uc a, Lo Q, lrli 7 w4 ........... "Ilk N', 77-7-, ,7,77f 7777 I cb 0 C� W ql -31 z m 213 rZ CJ-r, i -D E to 0 C M 0 o a-D A Q- V) o X3 co 4 A D W (D LL c_ I s u- LL (u w s m t (vy s -2 s q) 1,b CP B cp Ln —j N LL —0 tta --P-- _j N D (14 LL Zz LL ii V) a 0 v) LO 0 n 7 I11 Ifl o LJ GR U1 X 0 ell 0 0 Q, cc Lij Lu o (d C < rJ 9 Csd m m M lo s ON __j LF) q v LO -41 O LO w c, m "r CIA 1�, dit w� DocuSign Envelope ID:3011682F-6A11-47F6-B344-E2B9DDB53604 "AS IS" Residential Contract For Sale And Purchase THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR ,i Realtors" 11 PARTIES: Palm Beach County Housing Authority ("Seller"), 2' and Bovnton Beach Communitv Redevelopment Aaencv ("Buyer"), 3 agree that Seller shall sell and Buyer shall buy the following described Real Property and Personal Property 4 (collectively "Property") pursuant to the terms and conditions of this AS IS Residential Contract For Sale And Purchase 5 and any riders and addenda ("Contract"): 6 1. PROPERTY DESCRIPTION: 7° (a) Street address, city, zip: 404 NW 12th Avenue, Boynton Beach 33435 8 (b) Located in: Palm Beach County, Florida. Property Tax ID #: 08-43-45-21-14-000-4140 9' (c) Real Property: The legal description is 10 CHERRY HILLS LT 414 11 12 together with all existing improvements and fixtures, including built-in appliances, built-in furnishings and 13 attached wall-to-wall carpeting and flooring ("Real Property") unless specifically excluded in Paragraph 1(e) or 14 by other terms of this Contract. 15 (d) Personal Property: Unless excluded in Paragraph 1(e) or by other terms of this Contract, 16 17 18 19 20* Other Personal Property items included in this purchase are: None. This is a sale of land only with no 21 improvements and no Personal Property included. 22 Personal Property is included in the Purchase Price, has no contributory value, and shall be left for the Buyer. 23. (e) The following items are excluded from the purchase: None 24 25 PURCHASE PRICE AND CLOSING 26• 2. PURCHASE PRICE (U.S. currency):.......................... ......................................................i__......... $ 72,600 27` (a) Initial deposit to be held in escrow in the amount of(checks subject to COLLECTION) .......$ 7,260 28 The initial deposit made payable and delivered to "Escrow Agent" named below 29" (CHECK ONE): (i) E]accompanies offer or (ii) [x is to be made within 24 hr (if left(*Deposit due 24hrs.from receipt"tContract) 30 blank, then 3) days after Effective Date. IF NEITHER BOX IS CHECKED, THEN 31 OPTION (ii) SHALL BE DEEMED SELECTED. 32' Escrow Agent Information: Name: Title Xperts, LLC 33` Address: 560 Village Boulevard, Suite 140, West Palm Beach, Florida 33409 34. Phone: E-mail: racole@titlexperts.com Fax: 561-510-2295 35* - - 35. (b) Additional deposit to be delivered to Escrow Agent within N/A (if left blank, then 10) 36` days after Effective Date ...........................................................................................................$ 37 (All deposits paid or agreed to be paid, are collectively referred to as the "Deposit") 38' (c) Financing: Express as a dollar amount or percentage ("Loan Amount") see Paragraph 8 ......... None 39' (d) Other: N/A ................ $ 40 (e) Balance to close (not including Buyer's closing costs, prepaids and prorations) by wire 65 340 41` transfer or other COLLECTED funds ....................................................................................... $ 42 NOTE: For the definition of"COLLECTION" or"COLLECTED" see STANDARD S. 43 3. TIME FOR ACCEPTANCE OF OFFER AND COUNTER-OFFERS; EFFECTIVE DATE: 44 (a) If not signed by Buyer and Seller, and an executed copy delivered to all parties on or before 45, See Addendum to Contract , this offer shall be deemed withdrawn and the Deposit, if any, shall be returned to 46 Buyer. Unless otherwise stated, time for acceptance of any counter-offers shall be within 2 days after the day 47 the counter-offer is delivered. 48 (b) The effective date of this Contract shall be the date when the last one of the Buyer and Seller has signed or 49 initialed and delivered this offer or final counter-offer("Effective Date"). 50 4. CLOSING DATE: Unless modified by other provisions of this Contract, the closing of this transaction shall occur 51 and the closing documents required to be furnished by each party pursuant to this Contract shall be delivered 52' ("Closing")on See Addendum to Contract ("Closing Date"), at the time established by the Closing Agent. f`D�S rDS Buyer's Initial J Page 1 of 12 Seller's Initials FloridaRealtor Bar-ASIS-5x Rev.6/19©2017 Florida Realtors`and The Florida Bar. All rights reserved. Seria[4,016159.900163.1623020 Form Simplicity I DocuSign Envelope ID:3011682F-6A11-47F6-B344-E2B9DDB53604 i s 53 5. EXTENSION OF CLOSING DATE: 54 55 ) 56 57 58 (b) If an event constituting "Force Majeure" causes services essential for Closing to be unavailable, including the B9 unavailability of utilities or issuance of hazard, wind, flood or homeowners' insurance, Closing Date shall be 60 extended as provided in STANDARD G. 61 6. OCCUPANCY AND POSSESSION: 62 (a) Unless the box in Paragraph 6(b) is checked, Seller shall, at Closing, deliver occupancy and possession of the 63 Property to Buyer free of tenants, occupants and future tenancies. Alles, ol 82l98M7r9MrM-9rM"-TTdrV1U-T-0T 64 s 65 If occupancy is to be delivered before Closing, Buyer assumes all risks of 66 loss to the Property from date of occupancy, shall be responsible and liable for maintenance from that date, 67 and shall be deemed to have accepted the Property in its existing condition as of time of taking occupancy. 66' (b) ❑ CHECK IF PROPERTY IS SUBJECT TO LEASE(S) OR OCCUPANCY AFTER CLOSING. If Property is 69 subject to a lease(s)after Closing or is intended to be rented or occupied by third parties beyond Closing, the 70 facts and terms thereof shall be disclosed in writing by Seller to Buyer and copies of the written lease(s) shall 71 be delivered to Buyer, all within 5 days after Effective Date. If Buyer determines, in Buyer's sole discretion, that 72 the lease(s) or terms of occupancy are not acceptable to Buyer, Buyer may terminate this Contract by delivery 73 of written notice of such election to Seller within 5 days after receipt of the above items from Seller, and Buyer 74 shall be refunded the Deposit thereby releasing Buyer and Seller from all further obligations under this Contract. .1 do lip ou LLr 75 76 ' 77* 7. ASSIGNABILITY: (CHECK ONE): Buyer ❑may assign and thereby be released from any further liability under 78' this Contract; FN] may assign but not be released from liability under this Contract; or ❑may not assign this 79 Contract. ea FINANCING 81 8. FINANCING: r 82' ❑Q (a) Buyer will pay cash for the purchase of the Property at Closing. There is no financing contingency to Buyer's 83 obligation to close. If Buyer obtains a loan for any part of the Purchase Price of the Property, Buyer acknowledges 84 that any terms and conditions imposed by Buyer's lender(s) or by CFPB Requirements shall not affect or extend 85 the Buyer's obligation to close or otherwise affect any terms or conditions of this Contract. 86' log 11 opm 87' NIA (describe) loan within 141A (if left blank, then 30) days after Effective Date ("Loan vat ea* Period") for (CHECK ONE):❑fixed,❑adjustable,❑fixed or adjustable rate in the Loan Amount (Se ragraph 89' 2(c)), at an initial interest rate not to exceed N/A % (if left blank, then prevailing rate bas pon Buyer's so' creditworthiness), and for a term of N/A (if left blank, then 30)years("Financing"). 91" (i) Buyer shall make mortgage loan application for the Financing within NIA blank, then 5) days 92 after Effective Date and use good faith and diligent effort to obtain approval of a loa sting the Financing terms 93 ("Loan Approval") and thereafter to close this Contract. Loan Approval which re a condition related to the sale 94 by Buyer of other property shall not be deemed Loan Approval for purpose is subparagraph. 95 Buyer's failure to use diligent effort to obtain Loan Approval during t oan Approval Period shall be considered a !_ 96 default under the terms of this Contract. For purposes of this sion, "diligent effort" includes, but is not limited 97 to, timely furnishing all documents and information and ng of all fees and charges requested by Buyer's s8 mortgage broker and lender in connection with Buyer's gage loan application. 99 (ii) Buyer shall keep Seller and Broker full ' rmed about the status of Buyer's mortgage loan application, 100 Loan Approval, and loan processing and autopfFs Buyer's mortgage broker, lender, and Closing Agent to disclose 101 such status and progress, and relea reliminary and finally executed closing disclosures and settlement int statements, to Seller and Broker. 183 (iii) Upon Buyer obtainin In Approval, Buyer shall promptly deliver written notice of such approval to Seller. 104 (iv) If Buyer is unabl obtain Loan Approval after the exercise of diligent effort, then at any time prior to 105 expiration of the Loa proval Period, Buyer may provide written notice to Seller stating that Buyer has been 106 unable to obtain Approval and has elected to either: 107 (1)w can Approval, in which event this Contract will continue as if Loan Approval had been obtained; or 108 ( Ds DS Buyer's Initial Page 2 of 12 Seller's Initials FloridaRealtor Sar-ASIS-5x Rey.6119©2017 Florida Realtorst,and The Florida Bar. All rights reserved. Sedalft:032208.000162-8636670Form ;-., Simplicity I DocuSign Envelope ID:3011682F-6A11-47F6-B344-E2B9DDB53604 n i E i, 109 110 expiration of the Loan Approval Period, then Loan Approval shall be deemed waived, in which event ntract 111 will continue as if Loan Approval had been obtained, provided however, Seller may elect to terp his Contract i 112 by delivering written notice to Buyer within 3 days after expiration of the Loan Approval ', 113 (vi) If this Contract is timely terminated as provided by Paragraph 8(b)(iv) , above, and Buyer is not in i, 11a default under the terms of this Contract, Buyer shall be refunded the D ereby releasing Buyer and Seller `' 115 from all further obligations under this Contract. 116 (vii) If Loan Approval has been obtained, or deeme ve been obtained, as provided above, and Buyer ' 117 fails to close this Contract, then the Deposit shall Id to Seller unless failure to close is due to: (1) Seller's 118 default or inability to satisfy other contingent' is Contract; (2) Property related conditions of the Loan Approval 119 have not been met (except when suc ltions are waived by other provisions of this Contract); or(3) appraisal 120 of the Property obtained by B ender is insufficient to meet terms of the Loan Approval, in which event(s)the 121 Buyer shall be refund eposit, thereby releasing Buyer and Seller from all further obligations under this 122 Contract. 123' ❑(c) ion of existing mortgage(see rider for terms). 124` 125 CLOSING COSTS, Z=EES AND CHARGES 126 9. CLOSING COSTS; TITLE INSURANCE; SURVEY; HOME WARRANTY; SPECIAL ASSESSMENTS: 127 (a) COSTS TO BE PAID BY SELLER: 128 • Documentary stamp taxes and surtax on deed, if any • HOA/Condominium Association estoppel fees 129 • Recording and other fees needed to cure title 130 • Seller's attorneys'fess 131" •Municipal lien search (if Paragraph 9(c)(i)or(iii) is checked) •Other: See Addendum to Contract 132 If, prior to Closing, Seller is unable to meet the AS IS Maintenance Requirement as required by Paragraph 11 133 a sum equal to 125% of estimated costs to meet the AS IS Maintenance Requirement shall be escrowed at 134 Closing. If actual costs to meet the AS IS Maintenance Requirement exceed escrowed amount, Seller shall pay 135 such actual costs. Any unused portion of escrowed amount(s) shall be returned to Seller. 136 (b) COSTS TO BE PAID BY BUYER: 137 • Taxes and recording fees on notes and mortgages • Loan expenses 138 • Recording fees for deed and financing statements •Appraisal fees 139 • Owner's Policy and Charges(if Paragraph 9(c)(ii) is checked) • Buyer's Inspections 140 • Survey (and elevation certification, if required) • Buyer's attorneys'fees 141 • Lender's title policy and endorsements •All property related insurance 142 • HOA/Condominium Association application/transfer fees • Owner's Policy Premium (if Paragraph 143 •Municipal lien search (if Paragraph 9(c)(ii) is checked) 9 (c)(iii) is checked.) i 144• •Other: See Addendum to Contract 145• (c) TITLE EVIDENCE AND INSURANCE: At least (if left blank, then 15, or if Paragraph 8(a) is checked, 146 then 5) days prior to Closing Date ("Title Evidence Deadline"), a title insurance commitment issued by a Florida 147 licensed title insurer, with legible copies of instruments listed as exceptions attached thereto ("Title 148 Commitment") and, after Closing, an owner's policy of title insurance (see STANDARD A for terms) shall be 149 obtained and delivered to Buyer. Iso . The owner's title policy 151 premium, title search and closing services (collectively, "Owner's Policy and Charges") shall be paid, as set 152 forth below. The title insurance premium charges for the owner's policy and any lender's policy will be calculated 153 and allocated in accordance with Florida law, but may be reported differently on certain federally mandated 154 closing disclosures and other closing documents. For purposes of this Contract"municipal lien search" means a 155 search of records necessary for the owner's policy of title insurance to be issued without exception for unrecorded 156 liens imposed pursuant to Chapters 159 or 174, F.S., in favor of any governmental body, authority or agency, 157 (CHECK ONE): issue 158* x❑ (i) Seller shall designate Closing Agent and pwpW Owner's Policy and Buyer shall pay the 159 premium for Buyer's lender's*policy and charges P2 mons! -poise-fleas IM811119 to 160 endorsements and loan closing, which amounts shall be paid by Buyer to Closing Agent or such other 161 *and owner's title 162• ❑ (ii) Buyer shall designate Closing Agent and pay for Owner's Policy and Charges and charges for closing 163 services related to Buyer's lender's policy, endorsements and loan closing; or DS DS Buyer's Initials Page 3 of 12 Seller's Initials Florida Reallors ar-ASlS-5x Rev.6/19 Q 2017 Florida Realtors and The Florida Bar, All rights reserved. SedaW 032208-DO0162.0636570 Form 0 Slmpltcity DocuSign Envelope ID:3011682F-6A11-47F6-B344-E2B9DDB53604 x 164• ❑ (iii) [MIAMI-DAD EIBROWARD REGIONAL PROVISION]: Seller shall furnish a copy of a prior owner's policy 165 of title insurance or other evidence of title and pay fees for: (A) a continuation or update of such title evidence, 166 which is acceptable to Buyer's title insurance underwriter for reissue of coverage; (B) tax search; and (C) 167 municipal lien search. Buyer shall obtain and pay for post-Closing continuation and premium for Buyer's owner's 168' policy, and if applicable, Buyer's lender's policy. Seller shall not be obligated to pay more than $ 169 (if left blank, then $200.00)for abstract continuation or title search ordered or performed by Closing Agent. 170 (d) SURVEY: On or before Title Evidence Deadline, Buyer may, at Buyer's expense, have the Real Prop y 171 surveyed and certified by a registered Florida surveyor ("Survey"). 10 hes mI 172 173' 174` 175UU111-Irr ME 6 176 177 (f) SPECIAL ASSESSMENTS: At Closing, Seller shall pay: (i) the full amount of liens imposed by a public body 178 ("public body"does not include a Condominium or Homeowner's Association)that are certified, confirmed and 179 ratified before Closing; and (ii) the amount of the public body's most recent estimate or assessment for an [ Iso improvement which is substantially complete as of Effective Date, but that has not resulted in a lien being 181 imposed on the Property before Closing. Buyer shall pay all other assessments. If special assessments may 162 be paid in installments (CHECK ONE): 183* ❑x (a) Seller shall pay installments due prior to Closing and Buyer shall pay installrhents due after Closing. 184 Installments prepaid or due for the year of Closing shall be prorated. 185• ❑(b) Seller shall pay the assessment(s) in full prior to or at the time of Closing. 186 IF NEITHER BOX IS CHECKED, THI=N OPTION (a) SHALL BE DEEMED SELECTED. ' 187 This Paragraph 9(f) shall not apply to a special benefit tax lien imposed by a community development district ' 188 (CDD) pursuant to Chapter 190,F'.S., which lien shall be prorated pursuant to STANDARD K. ' 189 DISCLOSURES 190 10. DISCLOSURES: ,! 191 (a) RADON GAS: Radon is a naturally occurring radioactive gas that, when it is accumulated in a building in i 192 sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that 193 exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding 194 radon and radon testing may be obtained from your county health department. 195 (b) PERMITS DISCLOSURE: Except as may have been disclosed by Seller to Buyer in a written disclosure, Seller 196 does not know of any improvements made to the Property which were made without required permits or made 197 pursuant to permits which have not been properly closed. If Seller identifies permits which have not been 19a properly closed or improvements which were not permitted, then Seller shall promptly deliver to Buyer all plans, 199 written documentation or other information in Seller's possession, knowledge, or control relating to 200 improvements to the Property which are the subject of such open permits or unpermitted improvements. 201 (c) MOLD: Mold is naturally occurring and may cause health risks or damage to property. If Buyer is concerned or 202 desires additional information regarding mold, Buyer should contact an appropriate professional. 203 (d) FLOOD ZONE; ELEVATION CERTIFICATION: Buyer is advised to verify by elevation certificate which flood 204 zone the Property is in, whether flood insurance is required by Buyer's lender, and what restrictions apply to 205 improving the Property and rebuilding in the event of casualty. ens 1@000!81 lie'AID "Aammah slid 207 r 208 e 209 210" 211 r 212 213 The National Flood Insurance Program may assess additional fees or adjust premiums 214 for pre-Flood Insurance Rate Map (pre-FIRM) non-primary structures (residential structures in which the insured 216 or spouse does not reside for at least 50% of the year) and an elevation certificate may be required for actuarial 216 rating. 217 (e) ENERGY BROCHURE: Buyer acknowledges receipt of Florida Energy-Efficiency Rating Information Brochure 218 required by Section 553.996, F.S. DS r DS Buyer's Initial Page 4 of 12 Seller's Initials FiorldaRealtors - Bar-ASIS-5x Rev.6119 0 2017 Florida Realtors®and The Florida Sar. All rights reserved. Serial0:0322W000162.8806670 Form 5lmplicity s DocuSign Envelope ID:3011682F-6A11-47F6-B344-E2B9DDB53604 6 219 (f) LEAD-BASED PAINT: If Property includes pre-1978 residential housing, a lead-based paint disclosure is 220 mandatory. ' 221 (g) HOMEOWNERS' ASSOC IATIONICOMMUNITY DISCLOSURE: BUYER SHOULD NOT EXECUTE THIS 222 CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' i 223 ASSOCIATIONICOMMUNITY DISCLOSURE, IF APPLICABLE. 224 (h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT 225 PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO 226 PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY 227 IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER i 226 PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE 229 COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. 230 (i) FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): Seller shall inform Buyer in writing if 231 Seller is a "foreign person" as defined by the Foreign Investment in Real Property Tax Act ("FIRPTA"). Buyer " 232 and Seller shall comply with FIRPTA, which may require Seller to provide additional cash at Closing, if Seller 233 is not a "foreign person", Seller can provide Buyer, at or prior to Closing, a certification of non-foreign status, 234 under penalties of perjury, to inform Buyer and Closing Agent that no withholding is required. See STANDARD 235 V for further information pertaining to FIRPTA. Buyer and Seller are advised to seek legal counsel and tax 236 advice regarding their respective rights, obligations, reporting and withholding requirements pursuant to 237 FIRPTA. 236 Q) SELLER DISCLOSURE: Seller knows of no facts materially affecting the value of the Real Property which are 239 not readily observable and which have not been disclosed to Buyer. Except as provided for in the preceding 240 sentence, Seller extends and intends no warranty and makes no representation of any type, either express or 241 implied, as to the physical condition or history of the Property. Except as otherwise disclosed in writing Seller 242 has received no written or verbal notice from any governmental entity or agency as to a currently uncorrected 243 building, environmental or safety code violation. i 244 PROPERTY MAINTENANCE, CONDITION, INSPECTIONS AND EXAMINATIONS 245 11. PROPERTY MAINTENANCE: Except for ordinary wear and tear and Casualty Loss, Seller shall maintain the 246 Property, including, but not limited to, lawn, shrubbery, and pool, in the condition existing as of Effective Date ("AS 247 IS Maintenance Requirement"), 246 12. PROPERTY INSPECTION; RIGHT TO CANCEL: Intentional) omittedr 249" 250days after Effective Date ("Inspection Period") within which to have such Inspections Property ., 251 performed as Buyer shall desire during the Inspection Period If Buyer defer , in Buyer's sole E, 252 discretion, that the Property is not acceptable to Buyer, Buyer may term) 1s Contract by delivering 253 written notice of such election to Seller prior to expiration pection Period. If Buyer timely 254 terminates this Contract, the Deposit paid shall be return uyer, thereupon, Buyer and Seller shall I 255 be released of all further obligations under this act, however, Buyer shall be responsible for 256 prompt payment for such Inspections, for r of damage to, and restoration of, the Property resulting 257 from such inspections, and shall ppikoeTeller with paid receipts for all work done on the Property(the 258 preceding provision shall a termination of this Contract). Unless Buyer exercises the right to 259 terminate granted uyer accepts the physical condition of the Property and any violation of 260 government ing, environmental, and safety codes, restrictions, or requirements, but subject to 261 Selle ' inuing AS 1S Maintenance Requirement, and Buyer shall be responsible for any and all 282 €r 263 ( r i 264 giii 265 is 266 G 267 266 (C) tion 269 spa 19 iftNIANOMPOP, is, S, 270 , 271 s a prom y 272 273 Z Ions, DS r,DS Buyer's Initials Ts Page 5 of 12 Seller's Initials FlorldaRealtors ar-ASIS-5x Rev-6/10©2017 Florida Realtorsd,and The Florida Bar. All rights reserved. SadalH:032208.080762.8336570 Form Simplicity DocuSign Envelope ID:3011682F-6A11-47F6-B344-E2B9DDB53604 274 pall in 275 O 276 277 (d) ASSIGNMENT OF REPAIR AND TREATMENT CONTRACTS AND WARRANTIES: At Buyer's option and 278 cost, Seller will, at Closing, assign all assignable repair, treatment and maintenance contracts and warranties 279 to Buyer. 260 ESCROW AGENT AND BROKER 281 13. ESCROW AGENT: Any Closing Agent or Escrow Agent (collectively "Agent") receiving the Deposit, other funds 282 and other items is authorized, and agrees by acceptance of them, to deposit them promptly, hold same in escrow 283 within the State of Florida and, subject to COLLECTION, disburse them in accordance with terms and conditions 284 of this Contract. Failure of funds to become COLLECTED shall not excuse Buyer's performance. When conflicting 285 demands for the Deposit are received, or Agent has a good faith doubt as to entitlement to the Deposit, Agent may 28B take such actions permitted by this Paragraph 13, as Agent deems advisable. If in doubt as to Agent's duties or 287 liabilities under this Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until 288 the parties agree to its disbursement or until a final judgment of a court of competent jurisdiction shall determine 289 the rights of the parties, or Agent may deposit same with the clerk of the circuit court having jurisdiction of the 290 dispute. An attorney who represents a party and also acts as Agent may represent such party in such action. Upon 291 notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the 292 extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will 293 comply with provisions of Chapter 475, F.S., as amended and FREC rules to timely resolve escrow disputes through 294 mediation, arbitration, interpleader or an escrow disbursement order. 295 In any proceeding between Buyer and Seller wherein Agent is made a party because of acting as Agent hereunder, 296 or in any proceeding where Agent interpleads the subject matter of the escrow, Agent shall recover reasonable 297 attorney's fees and costs incurred, to be paid pursuant to court order out of the escrowed funds or equivalent. Agent 298 shall not be liable to any party or person for mis-delivery of any escrowed items, unless such mis-delivery is due to 299 Agent's willful breach of this Contract or Agent's gross negligence. This Paragraph 13 shall survive Closing or 300 termination of this Contract. 301 14. PROFESSIONAL ADVICE; BROKER LIABILITY: Broker advises Buyer and Seller to verify Property condition, 302 square footage, and all other facts and representations made pursuant to this Contract and to consult appropriate 303 professionals for legal, tax, environmental, and other specialized advice concerning matters affecting the Property 304 and the transaction contemplated by this Contract. Broker represents to Buyer that"Broker does not reside on the 305 Property and that all representations (oral, written or otherwise) by Broker are based on Seller representations or 306 public records. BUYER AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND 307 GOVERNMENTAL AGENCIES FOR VERIFICATION OF PROPERTY CONDITION, SQUARE FOOTAGE AND 308 FACTS THAT MATERIALLY AFFECT PROPERTY VALUE AND NOT ON THE REPRESENTATIONS (ORAL, 309 WRITTEN OR OTHERWISE) OF BROKER. Buyer and Seller (individually, the 'Indemnifying Party") each 310 individually indemnifies, holds harmless, and releases Broker and Broker's officers, directors, agents and 311 employees from all liability for loss or damage, including all costs and expenses, and reasonable attorney's fees at 312 all levels, suffered or incurred by Broker and Broker's officers, directors, agents and employees in connection with 313 or arising from claims, demands or causes of action instituted by Buyer or Seller based on; (i) inaccuracy of 314 information provided by the Indemnifying Party or from public records; (ii) Indemnifying Party's misstatement(s) or 315 failure to perform contractual obligations; (iii) Broker's performance, at Indemnifying Party's request, of any task 316 beyond the scope of services regulated by Chapter 475, F.S., as amended, including Broker's referral, 317 recommendation or retention of any vendor for, or on behalf of, Indemnifying Party; (iv) products or services 318 provided by any such vendor for, or on behalf of, Indemnifying Party; and (v)expenses incurred by any such vendor. 319 Buyer and Seller each assumes full responsibility for selecting and compensating their respective vendors and 320 paying their other costs under this Contract whether or not this transaction closes. This Paragraph 14 will not relieve 321 Broker of statutory obligations under Chapter 475, F.S., as amended. For purposes of this Paragraph 14, Broker 322 will be treated as a party to this Contract. This Paragraph 14 shall survive Closing or termination of this Contract. 323 DEFAULT AND DISPUTE RESOLUTION 324 15. DEFAULT: 325 (a) BUYER DEFAULT: If Buyer fails, neglects or refuses to perform Buyer's obligations under this Contract, 326 including payment of the Deposit, within the time(s) specified, Seller may elect to recover and retain the Deposit 327 for the account of Seller as agreed upon liquidated damages, consideration for execution of this Contract, and 328 in full settlement of any claims, whereupon Buyer and Seller shall be relieved from all further obligations under DS r DS Buyer's Initials Page 6 of 12 Seller's Initials FtoridaRealtorsL ar-ASIS-5x Rev.6119 O 2017 Florida Realtors®and The Florida Bar. All rights reserved. Sodau+;032208.000162.8636670'Form Simplicity DocuSign Envelope ID:3011682F-6A11-47F6-B344-E2B9DDB53604 E t 329 this Contract, or Seller, at Seller's option, may, pursuant to Paragraph 16, proceed in equity to enforce Seller's 330 rights under this Contract. The portion of the Deposit, if any, paid to Listing Broker upon default by Buyer, shall 331 be split equally between Listing Broker and Cooperating Broker; provided however, Cooperating Broker's share 332 shall not be greater than the commission amount Listing Broker had agreed to pay to Cooperating Broker. ! 333 (b) SELLER DEFAULT: If for any reason other than failure of Seller to make Seller's title marketable after 334 reasonable diligent effort, Seller fails, neglects or refuses to perform Seller's obligations under this Contract, 335 Buyer may elect to receive return of Buyer's Deposit without thereby waiving any action for damages resulting 336 from Seller's breach, and, pursuant to Paragraph 16, may seek to recover such damages or seek specific 337 performance. 338 This Paragraph 15 shall survive Closing or termination of this Contract. 339 16. DISPUTE RESOLUTION: Unresolved controversies, claims and other matters in question between Buyer and 340 Seller arising out of, or relating to, this Contract or its breach, enforcement or interpretation ("Dispute")will be settled 341 as follows: 342 (a) Buyer and Seller will have 10 days after the date conflicting demands for the Deposit are made to attempt to 343 resolve such Dispute, failing which, Buyer and Seller shall submit such Dispute to mediation under Paragraph 344 16(b). i; 345 (b) Buyer and Seller shall attempt to settle Disputes in an amicable manner through mediation pursuant to Florida 346 Rules for Certified and Court-Appointed Mediators and Chapter 44, F.S., as amended (the"Mediation Rules"). 347 The mediator must be certified or must have experience in the real estate industry. Injunctive relief may be 348 sought without first complying with this Paragraph 16(b). Disputes not settled pursuant to this Paragraph 16 ' 349 may be resolved by instituting action in the appropriate court having jurisdiction of the matter. This Paragraph 350 16 shall survive Closing or termination of this Contract. *See Addendum to Contract 351 17. ATTORNEY'S FEES; COSTS:The parties will split equally any mediation fee incurred in any mediation permitted 352 by this Contract, and each party will pay their own costs, expenses and fees, including attorney's fees, incurred in 353 conducting the mediation. In any litigation permitted by this Contract, the prevailing party shall be entitled to recover 354 from the non-prevailing party costs and fees, including reasonable attorney's fees, incurred in conducting the 355 litigation, This Paragraph 17 shall survive Closing or termination of this Contract. 356 STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") 357 18. STANDARDS: i 356 A. TITLE: 1 359 s s 360 Paragraph 9(c), the Title Commitment, with legible copies of instruments listed as exceptions attached the shall 361 be issued and delivered to Buyer. The Title Commitment shall set forth those matters to be dischar y Seller at 362 or before Closing and shall provide that, upon recording of the deed to Buyer, an owner's poli title insurance 363 in the amount of the Purchase Price, shall be issued to Buyer insuring Buyer's marketable t' the Real Property, 364 subject only to the following matters: (a) comprehensive land use plans, zoning, an er land use restrictions, 365 prohibitions and requirements imposed by governmental authority; (b) restrictio nd matters appearing on the 366 Plat or otherwise common to the subdivision; (c) outstanding oil, gas and ' ral rights of record without right of 367 entry; (d) unplatted public utility easements of record (located contigu o real property lines and not more than 368 10 feet in width as to rear or front lines and 7 112 feet in width a ide lines); (e) taxes for year of Closing and 369 subsequent years; and (f) assumed mortgages and purchas ney mortgages, if any (if additional items, attach 370 addendum); provided, that, none prevent use of Propert ESIDENTIAL PURPOSES. If there exists at Closing 371 any violation of items identified in (b)—(f)above, th a same shall be deemed a title defect. Marketable title shall 372 be determined according to applicable Title St rds adopted by authority of The Florida Bar and in accordance 373 with law. 374 (ii) TITLE EXAMINATION: Buyer sh ave 5 days after receipt of Title Commitment to examine it and notify Seller 375 in writing specifying defects}, if that render title unmarketable. If Seller provides Title Commitment and it is 376 delivered to Buyer less tha ays prior to Closing Date, Buyer may extend Closing for up to 5 days after date of 377 receipt to examine sa n accordance with this STANDARD A. Seller shall have 30 days ("Cure Period") after 378 receipt of Buyer's ce to take reasonable diligent efforts to remove defects. If Buyer fails to so notify Seller, Buyer 379 shall be dee to have accepted title as it then is. If Seller cures defects within Cure Period, Seller will deliver i 380 writtel a to Buyer(with proof of cure acceptable to Buyer and Buyer's attorney) and the parties will close this 381 Co Closing Date (or if Closing Date has passed, within 10 days after Buyer's receipt of Seller's notice). If 362 , d, DS DS Buyer's Initials Page 7 of 12 Seller's Initials FloridaRealtors ar-ASIS-5x Rev,6119©2017 Florida Realtors"and The Florida Bar. All rights reserved. SerialN:032208.000162.8536670Form ' Simplicity DocuSign Envelope ID:3011682F-6A11-47F6-B344-E2B9DDB53604 s s z STANDARDS FOR REAL. ESTATE TRANSACTIONS ("STANDARDS")CONTINUED E, 363 h 384 Seller shall continue to use reasonable diligent effort to remove or cure the defec Cure Period"); or 386 (b) electing to accept title with existing defects and close this Con sing Date (or if Closing Date has 386 passed, within the earlier of 10 days after end of Exte eriod or Buyer's receipt of Seller's notice), or(c) 387 electing to terminate this Contract and r and of the Deposit, thereby releasing Buyer and Seller from all 388 further obligations under If after reasonable diligent effort, Seller is unable to timely cure defects, and 389 Buyer do a defects, this Contract shall terminate, and Buyer shall receive a refund of the Deposit, ` 3130 391 397 encroach on setback lines, easements, or lands of others, or violate any rest ri ants, or applicable 393 governmental regulations described in STANDARD A (i)(a), (b) or yer shall deliver written notice of j 394 such matters, together with a copy of Survey, to Selle ays after Buyer's receipt of Survey, but no later 395 than Closing. If Buyer timely delivers su Survey to Seller, such matters identified in the notice and 398 Survey shall constitute a sect to cure obligations of STANDARD A above. If Seller has delivered a 397 prior surve , at Buyer's request, execute an affidavit of "no change" to the Real Property since the 398 399 C. INGRESS AND EGRESS: Seller represents that there is ingress and egress to the Real Property and title to 400 the Real Property is insurable in accordance with STANDARD A without exception for lack of legal right of access. { 401 D. LEASE INFORMATION: Seller shall, at least 10 days prior to Closing, furnish to Buyer estoppel letters from 402 tenant(s)/occupant(s) specifying nature and duration of occupancy, rental rates, advanced rent and security 403 deposits paid by tenant(s)or occupant(s)("Estop pel Letter(s)"). If Seller is unable to obtain such Estoppel Letter(s) 404 the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit 406 and Buyer may thereafter contact tenant(s) or occupant(s) to confirm such information. If Estoppel Letter(s) or 406 Seller's affidavit, if any, differ materially from Seller's representations and lease(s) provided pursuant to Paragraph 407 6, or if ten ant(s)loccupant(s) fail or refuse to confirm Seller's affidavit, Buyer may deliver written notice to Seller 408 within 5 days after receipt of such information, but no later than 5 days prior to Closing Date, terminating this 409 Contract and receive a refund of the Deposit, thereby releasing Buyer and Seller from all further obligations under 410 this Contract. Seiler shall, at Closing, deliver and assign all leases to Buyer who shall assume Seller's obligations 411 thereunder. 412 E. LIENS: Seller shall furnish to Buyer at Closing an affidavit attesting (i) to the absence of any financing 413 statement, claims of lien or potential lienors known to Seller and (ii) that there have been no improvements or I 414 repairs to the Real Property for 90 days immediately preceding Closing Date. If the Real Property has been 415 improved or repaired within that time, Seller shall deliver releases or waivers of construction liens executed by all 416 general contractors, subcontractors, suppliers and materialmen in addition to Seller's lien affidavit setting forth 417 names of all such general contractors, subcontractors, suppliers and materialmen, further affirming that all charges 418 for improvements or repairs which could serve as a basis for a construction lien or a claim for damages have been 419 paid or will be paid at Closing. 420 F. TIME: Calendar days shall be used in computing time periods. Time is of the essence in this Contract. Other 421 than time for acceptance and Effective Date as set forth in Paragraph 3, any time periods provided for or dates 422 specified in this Contract,whether preprinted, handwritten, typewritten or inserted herein, which shall end or occur 423 on a Saturday, Sunday, or a national legal holiday(see 5 U.S.C. 6103) shall extend to 5:00 p.m. (where the Property 424 is located)of the next business day. 425 G. FORCE MAJEURE: Buyer or Seller shall not be required to perform any obligation under this Contract or be 426 liable to each other for damages so long as performance or non-performance of the obligation, or the availability of 427 services, insurance or required approvals essential to Closing, is disrupted, delayed, caused or prevented by Force 428 Majeure. "Force Majeure" means: hurricanes, floods, extreme weather, earthquakes, fire, or other acts of God, 429 unusual transportation delays, or wars, insurrections, or acts of terrorism, which, by exercise of reasonable diligent 430 effort, the non-performing party is unable in whole or in part to prevent or overcome. All time periods, including 431 Closing Date, will be extended a reasonable time up to 7 days after the Force Majeure no longer prevents 432 performance under this Contract, provided, however, if such Force Majeure continues to prevent performance under 433 this Contract more than 30 days beyond Closing Date, then either party may terminate this Contract by delivering 434 written notice to the other and the Deposit shall be refunded to Buyer, thereby releasing Buyer and Seller from all 435 further obligations under this Contract. 436 H. CONVEYANCE: Seller shall convey marketable title to the Real Property by statutory warranty, trustee's, 437 personal representative's, or guardian's deed, as appropriate to the status of Seller, subject only to matters 438 described in STANDARD A and those accepted by Buyer. Personal Property shall, at request of Buyer, be f`DSS DS Buyer's Initials J Page 8 of 12 Seller's Inilials Florida Realtors ar-ASIS-5x Rev.6119 c0 2017 Florida Realtorso and The Florida Bar. All rights reserved. Sedalq;032206.000162-8636670Form �' Simplicity i DocuSign Envelope ID:3011682F-6A11-47F6-B344-E2B9DDB53604 t s STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS")CONTINUED 439 transferred by absolute bill of sale with warranty of title, subject only to such matters as may be provided for in this 440 Contract. 441 I. CLOSING LOCATION; DOCUMENTS; AND PROCEDURE: 442 (i) LOCATION: Closing will be conducted by the attorney or other closing agent ("Closing Agent") designated by 443 the party paying for the owner's policy of title insurance and will take place in the county where the Real Property 444 is located at the office of the Closing Agent, or at such other location agreed to by the parties. If there is no title 445 insurance, Seller will designate Closing Agent. Closing may be conducted by mail, overnight courier, or electronic 446 means. 447 (ii) CLOSING DOCUMENTS: Seller shall at or prior to Closing, execute and deliver, as applicable, deed, bill of 448 sale, certificate(s)of title or other documents necessary to transfer title to the Property, construction lien affidavit(s), 449 owner's possession and no lien affidavit(s), and assignment(s) of leases. Seller shall provide Buyer with paid 450 receipts for all work done on the Property pursuant to this Contract. Buyer shall furnish and pay for, as applicable, ' 451 the survey, flood elevation certification, and documents required by Buyer's lender. t 452 (iii) FInCEN GTO NOTICE. If Closing Agent is required to comply with the U.S. Treasury Department's 453 Financial Crimes Enforcement Network ("FMCEN") Geographic Targeting Orders ("GTOs"), then Buyer 454 shall provide Closing Agent with the information related to Buyer and the transaction contemplated by this 455 Contract that is required to complete IRS Form 8300, and Buyer consents to Closing Agent's collection and 456 report of said information to IRS. 457 (iv) PROCEDURE: The deed shall be recorded upon COLLECTION of all closing funds. If the Title Commitment 456 provides insurance against adverse matters pursuant to Section 627.7841, F.S., as amended, the escrow closing 454 procedure required by STANDARD J shall be waived, and Closing Agent shall, subject to COLLECTION of all 460 closing funds, disburse at Closing the brokerage fees to Broker and the net sale proceeds to Seller. 461 J. ESCROW CLOSING PROCEDURE: If Title Commitment issued pursuant to Paragraph 9(c) does not provide 1i i 462 for insurance against adverse matters as permitted under Section 627.7841, F.S., as amended, the following 463 escrow and closing procedures shall apply: (1) all Closing proceeds shall be held in escrow by the Closing Agent 464 for a period of not more than 10 days after Closing; (2) if Seller's title is rendered unmarketable, through no fault of 465 Buyer, Buyer shall,within the 10 day period, notify Seller in writing of the defect and Seller shall have 30 days from 466 date of receipt of such notification to cure the defect; (3) if Seller fails to timely cure the defect, the Deposit and all 467 Closing funds paid by Buyer shall, within 5 days after written demand by Buyer, be refunded to Buyer and, 466 simultaneously with such repayment, Buyer shall return the Personal Property, vacate the Real Property and re- 469 convey the Property to Seller by special warranty deed and bill of sale; and (4) if Buyer fails to make timely demand 470 for refund of the Deposit, Buyer shall take title as is, waiving all rights against Seller as to any intervening defect 471 except as may be available to Buyer by virtue of warranties contained in the deed or bill of sale. 472 K. PRORATIONS; CREDITS: The following recurring items will be made current(if applicable)and prorated as of 473 the day prior to Closing Date, or date of occupancy if occupancy occurs before Closing Date: real estate taxes 474 (including special benefit tax assessments imposed by a CDD), interest, bonds, association fees, insurance, rents 475 and other expenses of Property. Buyer shall have option of taking over existing policies of insurance, if assumable, 476 in which event premiums shall be prorated. Cash at Closing shall be increased or decreased as may be required 477 by prorations to be made through day prior to Closing. Advance rent and security deposits, if any, will be credited 478 to Buyer. Escrow deposits held by Seller's mortgagee will be paid to Seller. Taxes shall be prorated based on 479 current year's tax. If Closing occurs on a date when current year's miilage is not fixed but current year's assessment 460 is available, taxes will be prorated based upon such assessment and prior year's miilage. If current year's 481 assessment is not available, then taxes will be prorated on prior year's tax. If there are completed improvements 482 on the Real Property by January 1st of year of Closing, which improvements were not in existence on January 181 483 of prior year, then taxes shall be prorated based upon prior year's miilage and at an equitable assessment to be 484 agreed upon between the parties, failing which, request shall be made to the County Property Appraiser for an 485 informal assessment taking into account available exemptions. In all cases, due allowance shall be made for the 486 maximum allowable discounts and applicable homestead and other exemptions. A tax proration based on an 487 estimate shall, at either party's request, be readjusted upon receipt of current year's tax bill. This STANDARD K 488 shall survive Closing. 489 L. ACCESS TO PROPERTY TO CONDUCT APPRAISALS, INSPECTIONS, AND WALK-THROUGH: Seller 490 shall, upon reasonable notice, provide utilities service and access to Property for appraisals and inspections, 491 including a walk-through (or follow-up walk-through if necessary) prior to Closing. 492 M. RISK OF LOSS: If, after Effective Date, but before Closing, Property is damaged by fire or other casualty 493 ("Casualty Loss") and cost of restoration (which shall include cost of pruning or removing damaged trees) does not 494 exceed 1.5% of Purchase Price, cost of restoration shall be an obligation of Seller and Closing shall proceed 495 pursuant to terms of this Contract. If restoration is not completed as of Closing, a sum equal to 125% of estimated f`DSS DS Buyer's Initials J Wage 9 of 12 Seller's Initials Florida Realtors ar-ASIS-5x Rev.6119©2017 Florida Realtorso,and The Florida Bar. All rights reserved, Sedafll:032208.000162.8538670For m ` Simplicity DocuSign Envelope ID:3011682F-6A11-47F6-B344-E2B9DDB53604 i l STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") CONTINUED 496 cost to complete restoration (not to exceed 1.5% of Purchase Price)will be escrowed at Closing. If actual cost of 497 restoration exceeds escrowed amount, Seller shall pay such actual costs (but, not in excess of 1.5% of Purchase 498 Price). Any unused portion of escrowed amount shall be returned to Seller. If cost of restoration exceeds 1.5% of 499 Purchase Price, Buyer shall elect to either take Property "as is"together with the 1.5%, or receive a refund of the 50o Deposit thereby releasing Buyer and Seller from all further obligations under this Contract. Seller's sole obligation 501 with respect to tree damage by casualty or other natural occurrence shall be cost of pruning or removal. 502 N. 1031 EXCHANGE: If either Seller or Buyer wish to enter into a like-kind exchange (either simultaneously with 503 Closing or deferred)under Section 1031 of the Internal Revenue Code("Exchange"), the other party shall cooperate 504 in all reasonable respects to effectuate the Exchange, including execution of documents, provided, however, 505 cooperating party shall incur no liability or expense related to the Exchange, and Closing shall not be contingent i 506 upon, nor extended or delayed by, such Exchange. 507 0. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; DELIVERY; COPIES; CONTRACT 508 EXECUTION: Neither this Contract nor any notice of it shall be recorded in any public records. This Contract shall 509 be binding on, and inure to the benefit of, the parties and their respective heirs or successors in interest. Whenever 510 the context permits, singular shall include plural and one gender shall include all. Notice and delivery given by or to 511 the attorney or broker (including such broker's real estate licensee) representing any party shall be as effective as 512 if given by or to that party. All notices must be in writing and may be made by mail, personal delivery or electronic 513 (including "pdf') media. A facsimile or electronic (including "pdf')copy of this Contract and any signatures hereon 514 shall be considered for all purposes as an original. This Contract may be executed by use of electronic signatures, 515 as determined by Florida's Electronic Signature Act and other applicable laws. f 516 P. INTEGRATION; MODIFICATION: This Contract contains the full and complete understanding and agreement 517 of Buyer and Seller with respect to the transaction contemplated by this Contract and no prior agreements or 518 representations shall be binding upon Buyer or Seller unless included in this Contract. No modification to or change 519 in this Contract shall be valid or binding upon Buyer or Seller unless in writing and executed by the parties intended 520 to be bound by it. 521 Q. WAIVER: Failure of Buyer or Seller to insist on compliance with, or strict performance of, any provision of this 522 Contract, or to take advantage of any right under this Contract, shall not constitute a waiver of other provisions or 523 rights. 1` 524 R. RIDERS; ADDENDA; TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Riders, addenda, and typewritten 525 or handwritten provisions shall control all printed provisions of this Contract in conflict with them. 526 S. COLLECTION or COLLECTED: "COLLECTION" or "COLLECTED" means any checks tendered or 527 received, including Deposits, have become actually and finally collected and deposited in the account of Sze Escrow Agent or Closing Agent. Closing and disbursement of funds and delivery of closing documents 520 may be delayed by Closing Agent until such amounts have been COLLECTED in Closing Agent's accounts. 530 T. RESERVED. 531 U. APPLICABLE LAW AND VENUE: This Contract shall be construed in accordance with the laws of the State 532 of Florida and venue for resolution of all disputes, whether by mediation, arbitration or litigation, shall lie in the 533 county where the Real Property is located. 534 V. FIRPTA TAX WITHHOLDING: If a seller of U.S. real property is a "foreign person" as defined by FIRPTA, 535 Section 1445 of the Internal Revenue Code ("Code") requires the buyer of the real property to withhold up to 15% 536 of the amount realized by the seller on the transfer and remit the withheld amount to the Internal Revenue Service 537 (IRS) unless an exemption to the required withholding applies or the seller has obtained a Withholding Certificate 538 from the IRS authorizing a reduced amount of withholding. 539 (i) No withholding is required under Section 1445 of the Code if the Seller is not a "foreign person". Seller can 540 provide proof of non-foreign status to Buyer by delivery of written certification signed under penalties of perjury, 541 stating that Seller is not a foreign person and containing Seller's name, U.S. taxpayer identification number and 542 home address (or office address, in the case of an entity), as provided for in 26 CFR 1.1445-2(b). Otherwise, Buyer 543 shall withhold the applicable percentage of the amount realized by Seller on the transfer and timely remit said funds 544 to the IRS. 545 (ii) If Seller is a foreign person and has received a Withholding Certificate from the IRS which provides for reduced 546 or eliminated withholding in this transaction and provides same to Buyer by Closing, then Buyer shall withhold the 547 reduced sum required, if any, and timely remit said funds to the IRS. 548 (iii) If prior to Closing Seller has submitted a completed application to the IRS for a Withholding Certificate and has 549 provided to Buyer the notice required by 26 CFR 1.1445-1(c) (2)(i)(B) but no Withholding Certificate has been 550 received as of Closing, Buyer shall, at Closing, withhold the applicable percentage of the amount realized by Seller 551 on the transfer and, at Buyer's option, either(a) timely remit the withheld funds to the IRS or(b) place the funds in 552 escrow, at Seller's expense, with an escrow agent selected by Buyer and pursuant to terms negotiated by the f`DSS DS Buyer's Initials 1 J Page 10 of 12 Seller's initials FlorldaRealtors ' ar-ASIS-5x Rev.6I19 O 2017 Florida Realtorse and The Florida Bar. All rights reserved. Sesialk:032209-000162.8536670 Form - 5implicity DocuSign Envelope ID:3011682F-6A11-47F6-B344-E2B9DDB53604 STANDARDS FOR REAL ESTATE TRANSACTIONS("STANDARDS")CONTINUED 553 parties, to be subsequently disbursed in accordance with the Withholding Certificate issued by the IRS or remitted 554 directly to the IRS if the Seller's application is rejected or upon terms set forth in the escrow agreement. 555 (iv) In the event the net proceeds due Seller are not sufficient to meet the withholding requirement(s) in this 556 transaction, Seller shall deliver to Buyer, at Closing, the additional COLLECTED funds necessary to satisfy the 557 applicable requirement and thereafter Buyer shall timely remit said funds to the IRS or escrow the funds for c 558 disbursement in accordance with the final determination of the IRS, as applicable. 559 (v) Upon remitting funds to the IRS pursuant to this STANDARD, Buyer shall provide Seller copies of IRS Forms 560 8288 and 8288-A, as filed. 561 W. RESERVED 562 X. BUYER WAIVER OF CLAIMS: To the extent permitted by law, Buyer waives any claims against Seller 563 and against any real estate licensee involved in the negotiation of this Contract for any damage or defects 564 pertaining to the physical condition of the Property that may exist at Closing of this Contract and be 565 subsequently discovered by the Buyer or anyone claiming by, through, under or against the Buyer. This 566 provision does not relieve Seller's obligation to comply with Paragraph 10U). This Standard X shall survive 567 Closing. 568 ADDENDA AND ADDITIONAL TERMS 569• 19. ADDENDA: The following additional terms are included in the attached addenda or riders and incorporated into this 570 Contract(Check if applicable): F] A. Condominium Rider ❑ K. RESERVED E] T. Pre-Closing Occupancy ❑ B. Homeowners'Assn. ❑ L. RESERVED ❑ U. Post-Closing Occupancy ❑ C. Seller Financing ❑ M. Defective Drywall ❑ V. Sale of Buyer's Property ❑ D. Mortgage Assumption ❑ N. Coastal Construction Control ❑ W. Back-up Contract ❑ E. FHANA Financing Line ❑ X. Kick-out Clause Y ❑ F. Appraisal Contingency F1 0. Insulation Disclosure ❑ Y. Seller's Attorney Approval ❑ G. Short Sale ❑ P. Lead Paint Disclosure (Pre-1978) ❑ Z. Buyer's Attorney Approval ❑ H. Homeowners/Flood Ins. ❑ Q. Housing for Older Persons ❑ AA. Licensee Property Interest ri ❑ I. RESERVED ❑ R. Rezoning ❑ BB. Binding Arbitration ❑ J. Interest-Bearing Acct. E] S. Lease Purchase/Lease Option E] CC. Miami-Dade County Special Taxing District Disclosure 3, ❑ Other: 571' 20. ADDITIONAL TERMS: See Addendum attached hereto and incorporated herein by reference. 572 573 574 575 576 577 578 579 580 589 582 583 584 565 586 587 568 COUNTER-OFFER/REJECTION 589* ❑ Seller counters Buyer's offer(to accept the counter-offer, Buyer must sign or initial the counter-offered terms and Soo deliver a copy of the acceptance to Seller). 591• ❑Sets Buyer's offer. / os Buyer's Initials Pagel 1 of 12 Seller's Initials VJ FloridaRealtors ar ASIS-5x Rev.6119©2017 Florida Realtors®and The Florida Bar. All rights reserved. Serial8:032208.000482-8636870 ®Form DocuSign Envelope ID:3011682F-6A11-47F6-B344-E2B9DDB53604 1 592 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE 593 ADVICE OF AN ATTORNEY PRIOR TO SIGNING. IF 59APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR. a THIS FORM HAS BEEN A 595 Approval of this form by the Florida Realtors and The Florida Bar does not constitute an opinion that any of the 596 terms and conditions in this Contract should be accepted by the parties in a particular transaction. Terms and 597 conditions should be negotiated based upon the respective interests, objectives and bargaining positions of all 598 interested persons. 599 AN ASTERISK (*) FOLLOWING A LINE NUMBER IN THE MARGIN INDICATES THE LINE CONTAINS A BLANK 600 TO BE COMPLETED. DocuSigned by: Y 9/15/2021 i 601' Buyer: 8 Date: 12A743350E6C464... 6D2' Buyer: Date: 603' Seller: Date: 9/19/2021 355F6DF34BEE46C... boa• Seller: Date: 605 Buyer's address for purposes of notice Seller's address for purposes of notice 606• Boynton Beach Community Redevelopment A enc Palm Beach County Housing Authority 607• 100 E. Ocean Ave., 4th Floor 3432 West 45th Street 608, Boynton Beach, FL 33435 West Palm Beach, Florida 33407 609 BROKER: Listing and Cooperating Brokers, if any, named below (collectively, "Broker"), are the only Brokers 610 entitled to compensation in connection with this Contract. Instruction to Closing Agent: Seller and Buyer direct 611 Closing Agent to disburse at Closing the full amount of the brokerage fees as specified in separate brokerage 612 agreements with the parties and cooperative agreements between the Brokers, except to the extent Broker has 613 retained such fees from the escrowed funds. This Contract shall not modify any MLS or other offer of compensation 614 made by Seller or Listing Broker to Cooperating Brokers. 615, N/A Fisher Auction Company 616 Cooperating Sales Associate, if any Listing Sales Associate I 617' N/A Lamar Fisher 618 Cooperating Broker, if any Listing Broker DS Buyer's Initials Page 12 of 12 Seller's Initials Florida ReallorslFloridaBar-ASIS-5x Rev.6119 02017 Florida Realtors&and The Florida Bar. All rights reserved. 8001:032208.000162.6636670 Form 5lmplicity DocuSign Envelope ID:3011682F-6A11-47F6-B344-E2B9DDB53604 Addendum to "AS IS" Residential Contract For Sale and Purchase 1. Auction Process This Addendum is based upon vacant land (the "Property") being sold at auction pursuant to the terms of those certain General Terms and Conditions of Sale which have been made available within the Online Bidder Registration Instructions Package and are incorporated herein as reference as Exhibit"B". And as such, the additional provisions of this Addendum set forth below, shall be incorporated and made a part of that"AS IS" Residential Contract For Sale and Purchase herein after referred to as "Contract." It is understood and agreed that the purpose of the Auction is to sell the Property(ies)to the highest bidder(s)at the Auction, under terms and conditions set forth at the Auction and this Contract. If there is any conflict between this Addendum and any of the terms or provisions of the Contract, the terms and provisions of this Addendum shall prevail. 2. Sale is "AS IS" THE SALE OF THE PROPERTY IS AND WILL BE MADE ON AN "AS IS" "WHERE IS" "WITH ALL FAULTS" BASIS AND BASED UPON THE PROPERTY'S PRESENT CONDITION, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EXPRESS, IMPLIED OR OTHERWISE (EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND IN THE CLOSING DOCUMENTS), INCLUDING, BUT NOT LIMITED TO (i)ANY IMPLIED WARRANTIES OF HABITABILITY, GOOD, FAIR OR ADEQUATE CONDITION OR REPAIR OR GOOD, WORKMANLIKE CONSTRUCTION, AND (ii)ANY REPRESENTATION OR WARRANTY CONCERNING THE PHYSICAL, ENVIRONMENTAL, OR FINANCIAL CONDITION OF THE PROPERTY OR ANY INCOME, EXPENSES, CHARGES, LIENS, ENCUMBRANCES, RIGHTS OR CLAIMS ON OR AFFECTING OR PERTAINING TO THE PROPERTY OR ANY PART HEREOF. In addition to and without limiting the generality of the foregoing sentence, except as otherwise expressly set forth in this Agreement and in the Closing documents, Seller makes no representation or warranty of any kind whatsoever as to (i)the nature or condition of the soils on the Property; (ii)the drainage of or relating to the Property; (iii)the condition or repair of the Property; (iv)the nature or suitability to Buyer of any zoning, land use, Master Plan designation, Property use, plan classification, or existing governmental permits, licenses or approvals; (v)any test, report or similar assessment of the Property generated by a third party vendor not a party to this Agreement; (vi)the financial position or net operating income of the property, including the revenues and expenses thereof; or(vii)the presence or absence of any hazardous or toxic substances or materials, wastes, pollutants, mold, contaminants, oil or petroleum products or tanks on, under or within the Property or within watercourse or body of water near the Property or any violation of building, health or environmental laws and regulations. Buyer represents, warrants and agrees that Buyer has been provided a full and fair opportunity to complete all physical, environmental, legal, financial and other examinations relating to the acquisition of the Property hereunder before Buyer's execution of Contract and Buyer acknowledges that it will acquire the Property solely on the basis of such examinations, the express terms and conditions of this Agreement, the special warranties of title contained in the General Warranty Deed and the title insurance protection afforded by the owner's policy of title insurance issued in connection with the transaction. Buyer hereby agrees and confirms that Buyer completed all inspections of the Property deemed necessary by Buyer including but not limited to liens, open permits, municipal violations, violations of building and environmental rules and regulations, books and/or records affecting the Property and survey (including flood elevation). Buyer shall indemnify Seller for any and against all liability, including, but not limited to, bodily injury or damage to Property (including the Property itself) arising out of Buyer's inspections of the Property. Buyer shall also indemnify Seller for liens, claims or liability which may be filed or DocuSign Envelope ID:3011682F-6A11-47F6-B344-E2B9DDB53604 result against the Property by persons or entities employed or contracted by Buyer to perform inspections of the Property. This indemnity shall survive termination of this Agreement. During the inspection of the Property prior to execution of Contract, Buyer had the Property surveyed or waived the right to survey the Property. Buyer agrees hereby to accept the Property for Closing notwithstanding any encroachments on the Property, specifically encroachments on setbacks lines, easements or lands of others. Any survey objection shall be deemed a Permitted Exception to Title. Buyer has procured an elevation certificate and verified the flood zone applicable to Property and hereby accepts the flood designation of the Property for all purposes of this Contract. 3. Execution of Contract The Successful Bidder shall be required to execute the Contract and Addenda within (24) hours of his/her receipt of such documents. The "Total Purchase Price" shall be the Successful Bid plus 10% (Buyer's Premium)of such Successful Bid. The sale of the Property to the Highest and Successful Bidder is subject to the Seller's final approval and acceptance of price. 4. Deposit An Escrow Deposit equal to 10% of the Total Purchase Price is due within twenty-four(24) hours from receipt of the Contract. The Escrow Deposit must be sent via Federal wire transfer to Title Xperts, LLC ("Escrow/Settlement Agent"). 5. No Contingencies The Contract is not contingent upon any matters of any kind including financing or post due diligence. 6. Closing Costs Seller shall cause an ALTA standard Title Commitment and Owner's Title Insurance Policy in an amount equal to the Total Purchase Price to be furnished to the Buyer, at the Buyer's expense. The Commitment and Owner's Title Insurance Policy shall be issued by the Escrow Agent from either Fidelity National Title Insurance Company or Westcor Land Title Insurance Company. It is understood and agreed that fee simple title to the Property is being sold to the Buyer without representation or warranty and subject to the Permitted Exceptions. The Property is sold free and clear of all liens, claims, encumbrances and other interests including any back real estate taxes owed. 7. Closing Closing shall occur on or before (45)calendar days from the date the Contract was fully executed by both Buyer and Seller. The Buyer shall pay the Total Purchase Price at Closing by wire transfer of immediately available funds. 8. Brokers Each party warrants to the other that no broker or finder other than Fisher Auction Company and Buyer's Qualifying Licensed Real Estate Agent, if applicable (the "Broker") has been engaged or consulted by the warranting party or any affiliated person or entity of such party or is in any way entitled to compensation as a consequence of the sale of the Property to Purchaser. It shall be the obligation of the Seller to pay the Broker a real estate commission in such amounts and upon such terms as agreed upon between Seller and Broker pursuant to a separate agreement. Each party hereby indemnifies, defends and holds the other party harmless from any loss, cost (including reasonable attorneys' fees), damage, claim, DocuSign Envelope ID:3011682F-6A11-47F6-B344-E2B9DDB53604 demand or liability for any such commission or fee incurred by the indemnified party and arising by, through or under the indemnifying party. 9. Misc. When executed by Seller and Buyer, this Contract shall be binding on all parties, their heirs, personal representatives, successors and assigns. If Buyer fails to perform under this Contract, then, as Sellers' sole and exclusive remedy under this Contract, the Escrow Agent is hereby irrevocably immediately directed and instructed that the Escrow Deposit shall be forfeited and paid over to Seller as agreed liquidated damages in order to compensate Seller for the damages caused by such breach and not as a penalty. In the event any litigation arises under this Contract, the prevailing party shall be entitled to recover from the non-prevailing party all of their reasonable attorney's fees, court costs, and expenses, including those incurred on appeal. The provisions of this section shall survive closing or earlier termination of this Contract. THE PARTIES HEREBY IRREVOCABLY WAIVE THEIR RIGHTS TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM OR CONTROVERSY ARISING OUT OF OR RELATED TO THIS CONTRACT. If any provision of this Contract is held or rendered illegal or unenforceable, it shall be considered separate and severable from this Contract and the remaining provisions of this Contract shall remain in force and bind the parties as though the illegal or unenforceable provision had never been included in this Contract. --Docu5�o Date: Signed by: Buyer: I �� -1-��� -M-. 9/15/2021 1 I 12A743350E6C404... Palm Beach County Housing Authority --DocuSigned by: Seller: 6VXS_Cz yf Date: 9/19/2021 By: 355F6DF34BEE46C... DocuSign Envelope ID:3011682F-6A11-47F6-B344-E2B9DDB53604 "EXHIBIT B" GENERAL TERMS AND CONDITIONS OF SALE Please review this document("Terms and Conditions")carefully.In order to be eligible to bid on the Properties,a Bidder must sign their Acknowledgment and Acceptance of these General Terms and Conditions of Sale. 1. START/END DATES AND TIMES: The Online Real Estate Auction("Online Auction"or"Auction")will begin at 10:00 AM Eastern Time on Tuesday,September 14tH 2021 and begin concluding at 10:00 AM Eastern Time, on Wednesday,September 15th,2021 with one (1) lot closing every five (5) minutes, subject to any time extensions, on Fisher Auction Company's Online Bidder Application which can be accessed through the Fisher Auction Company website. 2. ONLINE AUCTION REGISTRATION: Registration is required to become a qualified and eligible online bidder("Bidder").To register,a prospective Bidder must: (a)Complete the Online Bidder Registration Form providing Bidder's full name,company name,residence/business addresses with telephone numbers,cellular telephone number,facsimile number,email address,a copy of a State valid driver's license number or a valid passport,and the name(s)and/or entity in which the Bidder will take title to the Property/Properties. (b) Bidders must provide a valid credit card in which a$5,000.00 pre-authorization hold will be placed,before being able to participate in the bidding.This pre-authorization hold will be released at the conclusion of the Auction unless you are the Successful Bidder at which point the pre-authorization hold will be released upon receipt of the escrow deposit(s) by the Escrow Agent. (c) Sign/Date/Time an acknowledgment that the Bidder has read and agrees to be bound by these General Terms and Conditions of Sale. (d)Execute the Online Bidder Contract. (e) Return the required three(3)executed documents to Auctioneer,2112 East Atlantic Boulevard, Pompano Beach,Florida 33062;Facsimile:954.782.8143;Email:info@fisherauction.com no later than 5:00 PM ET Tuesday,September 14th,2021. 3. SUCCESSFUL BID, PURCHASE PRICE (INCLUDES BUYER'S PREMIUM), ESCROW DEPOSIT(S), NON-CONTINENT "AS IS" CONTRACT FOR SALE AND PURCHASE AND ADDENDA: (a) When the Seller accepts the highest bid ("Successful Bid") for a Property, then the Successful Bidder will be required to execute,as Buyer("Buyer")(i)the non-contingent"AS IS"Contract for Sale and Purchase and any and all Addenda("Contract"), which has been previously furnished to Bidder, immediately upon receipt of such documents,with no changes/exceptions (ii) initiate a wire transfer for the Escrow Deposit,which will be 10%of the Total Purchase Price to the Escrow Agent,Title Xperts,LLC.Bidder will have no later than twenty-four(24)hours from receipt of the Contract to execute and return the Contract. If the Successful Bidder does not initiate the wire for the Escrow Deposit(s)as stated above and execute and return the Contract within twenty-four(24) hours from the receipt of such documents,they will be considered in default and the$5,000 credit card hold will be processed and considered as liquidated damages. (b)The amount of(i)the Successful Bid AND(ii)10%of the Successful Bid("Buyer's Premium"),added together,will be the Total Purchase Price("Purchase Price")for the Property to be purchased by the Buyer under the Contract together with closing costs as further provided in the Contract. 4. CLOSINGS AND PAYMENT OF PURCHASE PRICE: (a)The Closings("Closing")will be on or before 45 calendar days from the date the Contract is fully executed by both Buyer and Seller. Seller shall only have the right to extend the Closing for an additional thirty(30)calendar days by providing written notice to the Buyer.The Closing will be coordinated and administered through the offices of the Settlement Agent;Title Xperts, LLC;560 Village Boulevard,Suite 140,West Palm Beach,Florida 33409; Phone:561.510.2294. (b) The remaining balance of the Purchase Price will be due and payable by Buyer at Closing by Federal Wire Transfer of immediately available funds, pursuant to written instructions from the Escrow Agent/Settlement Agent. Buyer shall receive credit for the Escrow Deposit(s), upon clearance, which shall be released from escrow and applied by the Escrow Agent / Settlement Agent towards the Purchase Price at Closing. (c)Time shall be of the essence as to Buyer's obligations in these General Terms and Conditions and as described in the Contract. 5. TITLE INSURANCE and ZONING: (a) Seller, at Buyer's expense, will procure a Title Commitment and Owner's Title Insurance Policy on the Property(ies). The premium for the Owner's Title Policy shall be paid by the Buyer. The Commitment and Owner's Title Insurance Policy shall be issued by the Settlement Agent from either Fidelity National Title Insurance Company or Westcor Land Title Insurance Company. (b)Except as provided for herein,it is understood and agreed that fee simple title to the Property(ies)is being sold to the Buyer(s), free and clear or all liens,without representation or warranty and subject to the Permitted Exceptions. (c)The Seller will convey title by a General Warranty Deed("Deed"). DocuSign Envelope ID:3011682F-6A11-47F6-B344-E2B9DDB53604 (d)Title to the Property(ies)will be subject to the exceptions set forth in the proposed Commitment("Permitted Exceptions"). Buyer agrees to take title to the Property(ies)subject to the Permitted Exceptions, among other matters as described in these General Terms and Conditions of Sale and in the Contract. (e)Buyer agrees that the Property(ies)are subject to all laws,ordinances,codes,rules and regulations of applicable governmental authorities pertaining to the ownership, use and occupancy of the Property(ies) including, but not limited to, zoning, land use, building codes and agrees to take title subject to such matters, and the following permitted exceptions: (i) all covenants, restrictions,easements and agreements of record now on the Property(ies);(ii)all liens for unpaid municipal charges not yet due; (iii) the state of facts which would be shown by a current survey or inspection of the Property(ies); (iv) any Homeowner's Association Documents/Fees;(v)any matter created by or through Buyer(s);(vi)any title matters which Buyer(s)have accepted or are deemed to have accepted as set forth in the Contract; and (vii) such other matters that will not make the Property(ies) unusable or unmarketable for residential purposes. (f)Seller is not providing to Buyer any surveys of the Property(ies). In the event Buyer desires to obtain a survey a Property(ies), Buyer will be solely responsible to obtain,and pay for,such survey without reducing the proceeds of the Purchase Price payable to Seller at the Closing.Buyer shall not have the right to terminate the Contract based upon the results of the survey. 6. BUYER'SACKNOWLEDGEMENTS: (a)The sale of the Property(ies)is an"All Cash"transaction and shall not be subject to any contingencies,or post due diligence. (b)The Seller,Auctioneer and their representatives,attorneys,agents,and sub-agents,assume no liability for errors or omissions in this or any other property listing or advertising or promotional/publicity statements and materials.The Seller,Auctioneer and their representatives, attorneys, agents and sub-agents, make no representation or guarantee as to the accuracy of the information herein contained or in any other property listing or advertising or promotional/publicity statements and materials. Neither Auctioneer nor the Seller has any obligation to update this information. Neither Auctioneer nor the Seller,their Agents and Sub-Agents,attorneys, Escrow Agent/Settlement Agent, representatives, members, managers or affiliates has any liability whatsoever for any oral or written representations,warranties, or agreements relating to a Property except as is expressly set forth in the Contract. (c)The Property(ies)are sold in its"AS IS AND WHERE IS"condition and with all faults and defects,with no representations or warranties,express or implied. All Bidders are encouraged to inspect the Property(ies) prior to placing any bid at the Online Auction and the Successful Bidder,as Buyer,acknowledges that they have had a reasonable opportunity to inspect and examine all aspects of the Property(ies)and make inquiries of applicable governing authorities pertaining to such matters in connection with the Property(ies) as Buyer has deemed necessary or desirable prior to the Online Auction. Bidders should review all applicable zoning, land use, code compliance, environmental matters, physical condition, and any and all other governmental statutes,ordinances, rules, laws and regulations and do such other due diligence in advance of execution of this document and all of the accompanying documents in connection with the purchase of the Property(ies)("Governing Documents").Please review all Governing Documents carefully,and seek the advice of an attorney. (d)Competitive bidding is an essential element of an Online Auction sale,and such a sale should be conducted fairly and openly with full and free opportunity for competition among bidders.Any conduct,artifice,agreement,or combination the purpose and effect of which is to stifle fair competition and chill the bidding, is against public policy and will cause the sale to be set aside. Collusion/Bid Rigging is a Federal Felony punishable by imprisonment and fine.Auctioneer will report all illegal conduct to the F.B.I.and cooperate with any prosecution. (e)The Properties may be withdrawn from the Online Auction at any time without notice and are subject to prior sale. (f)Seller,in its absolute sole discretion,reserves the right to amend,negotiate,modify,or add any terms and conditions to these General Terms and Conditions of Sale,the Contract and to announce such amendments, modifications,or additional terms and conditions at any time,including during this Online Auction. (g)The highest bid shall be the Successful Bid only if same is acceptable to and accepted by Seller,by and through the Auctioneer via this Online Auction,and as evidenced by Seller and the Successful Bidder,as Buyer,each executing the Contract. (h) Back-up bids will be recorded and received by Seller in Seller's absolute discretion.Should the Property(ies) not close with the Buyer(s)or should the Buyer(s)not comply with any term or condition of any document executed by Buyer(s)in connection with the Property(ies),the Seller will have the option,but not the obligation,to pursue back-up bids. (i)If you are unsure about anything regarding the Property(ies)or the Governing Documents,do not place a bid or participate in the Online Auction. Review of the Governing Documents and all of the terms and conditions as well as a review of the Property(ies) before making any bids is strongly recommended and you will be deemed to have done so on execution of these General Terms and Conditions of Sale. (j) At the close of this Online Auction, upon the acceptance of the Purchaser's bid is an acknowledgment that such bid is the highest bid,at which time it became a binding agreement to purchase the Property(ies).Whether such bid is accepted is subject to this Agreement, including any announcements/notices made by the Auctioneer.Thereafter,you may not withdraw your bid and you are obligated to execute the Contract(s). (k) In the event a conflict exists between the Contract and the General Terms and Conditions of Sale,then, (i) prior to Buyer's execution and delivery of the Contract,the terms of the General Terms and Conditions of Sale shall govern and control and (ii) DocuSign Envelope ID:3011682F-6A11-47F6-B344-E2B9DDB53604 following Buyer's execution and delivery of the Contract,the terms of the Contract shall govern and control over the General Terms and Conditions of Sale. 7. ANNOUNCEMENTS/NOTICES: All announcements/notices provided to the Bidders shall supersede and take precedence over all previously written or printed material and any other oral statements made; provided however that the Auctioneer shall not be authorized to make any representation or warranty (express or implied) with respect to the Properties. The Auctioneer has the sole and absolute discretion to make any announcements via this Online Auction,including but not limited any announcements that may amend or alter these Online Auction terms,conditions,or procedures that were previously set forth in written materials. In the event of a dispute over the bidding process,the Auctioneer shall make the sole and final decision and will have the right either to accept or reject the final bid or re-open the bidding. 8. DEFAULT: If the Buyer fails to comply with any of these General Terms and Conditions of Sale,the Seller shall retain the required Escrow Deposit(s),which shall be considered fully earned and non-refundable,under this Agreement and/or the Contract as liquidated damages and not as a penalty. The Escrow Agent/Settlement Agent must immediately release the Escrow Deposit(s) upon request of the Seller. Buyer acknowledges and understands that this provision is enforceable and shall not be deemed a penalty because the damages are not readily ascertainable and generally impossible to calculate under the circumstances.Upon Default and notice of same by Seller to Escrow Agent/Settlement Agent,Buyer understands and agrees to the immediate release of the Escrow Deposit(s)funds to the Seller by Escrow Agent/Settlement Agent without the requirement of further documentation or consent from Buyer.Additionally,in the event the Successful Bidder fails to submit the executed Contract(s)and required Escrow Deposit(s)as required by these General Terms and Conditions of Sale,the Successful Bidder authorized the Auctioneer to charge a fee of Five Thousand Dollars($5,000.00)which amount will be charged to the high bidder's credit card.If such charge occurs,a four percent(4%)processing fee will be added to the charge.The Auctioneer and the Seller also reserve the right to immediately put the Property(ies) up for sale again.These remedies are in addition to any other remedies, including specific performance and/or additional money damages that the Seller and/or the Auctioneer may have in equity or at law. 9. REPRESENTATIONS: All information was derived from sources believed to be correct, but is not guaranteed. Bidders shall rely entirely on their own information,judgment,and inspection of the Property(ies)and records. Neither the Seller nor Auctioneer, it's Agents and Sub- Agents makes any representation or warranties as to the accuracy or completeness of any information provided. All sizes, dimensions,drawings are approximations only. 10. BROKER PARTICIPATION: Three Percent(3%)of the Final Bid Price will be paid to a qualified Licensed Real Estate Broker("Broker")whose registered Buyer's offer is accepted by the Seller and closes on the Property, provided the Broker is not prohibited by law from being paid such commission.To qualify for a commission,the Broker must first register their prospect on the MANDATORY REAL ESTATE BUYER BROKER PARTICIPATION REGISTRATION form.The form must be received by the office of Auctioneer no later than 5:00 PM ET, Tuesday,September 141h,2021.This registration MUST be sent to Auctioneer,2112 East Atlantic Boulevard,Pompano Beach,FL 33062. Brokers may fax their broker registration(s) to 954-782-8143 or email to info@fisherauction.com. NO LATE REGISTRATIONS WILL BE ACCEPTED.Commissions will be paid only after closing.Brokers are not required to attend the Closings. If a Broker has not met all of these requirements, no commission will be paid to the Broker, even if the Broker's prospect purchases the Property. No oral registrations will be accepted.Under no circumstances whatsoever will any commission be paid if the sale does not close for any reason. 11.FINAL BID PRICE: The final bid price for the Property(ies)shall be determined by competitive bidding at the Auction.The Property(ies)is being sold to the highest bidder with the highest bid being subject to the Seller's final approval and acceptance of price,plus the ten percent (10%)Buyer's Premium and is subject to the terms and conditions of the Governing Documents. 12.ACKNOWLEDGMENT AND ACCEPTANCE: The Undersigned Bidder(s) acknowledge receipt of a copy of these General Terms and Conditions of Sale and having read and understood the provisions set forth therein,accepts same and agrees to be bound thereby.Facsimile or electronic signatures will be treated and considered as original. 13.HOLD HARMLESS: Auctioneer cannot, and will not, be held responsible for any interruption in service, bidding extension times, errors, and/or omissions,caused by any means,therefore they cannot guarantee continual, uninterrupted or error free service as the website could be interfered with by means out of Auctioneer's control. Bidder acknowledges that this Online Auction is conducted electronically and relies on hardware and software that may malfunction without warning.The Auctioneer may void any sale, temporarily suspend bidding, extend bidding times and re-sell the Property(ies) that were affected by any malfunction. The decision of the Auctioneer is final. 14. INDEMNIFICATION: Buyer(s)shall defend,indemnify,and hold harmless Auctioneer,Seller and their officers,directors,employees,and agents,from and against any and all claims,demands,causes of action,costs,liabilities,losses,damages,and expenses(including reasonable DocuSign Envelope ID:3011682F-6A11-47F6-B344-E2B9DDB53604 attorneys and expert witness fees and expenses)(collectively,"Claims"),and by whomever brought,to the extent arising out of or in any way related to (i)the sale of, (ii)the performance of the parties' obligations under this Agreement; (iii) the physical condition and quality(and express or implied representations regarding such condition and quality)of the Property(ies)or any portion thereof, (iv)any breach of these General Terms and Conditions of Sale,Governing Documents, or the Contract; (v)any claim arising from the sale of the Property(ies);(vi)any claim arising from Buyer's participation in the Online Auction;or(vii)any other act,omission or representation by Buyer. 15. GOVERNING LAW/JURISDICTION/VENUE: This Agreement shall be construed,enforced and governed by the laws of the State of Florida,without regard to choice of law and similar doctrines. The parties consent to jurisdiction in the State of Florida and venue,for any litigation arising out of this Agreement. 16. WAIVER OF JURY TRIAL: EACH PARTYTO THIS AGREEMENT HEREBY KNOWINGLY,VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHTTHEY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED UPON THIS AGREEMENT OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY OTHER AGREEMENT CONTEMPLATED AND EXECUTED IN CONNECTION HEREWITH, OR ANY COURSE OF DEALING,COURSE OF CONDUCT,STATEMENTS(WHETHER VERBAL OR WRITTEN)OR ACTIONS OF ANY PARTY HERETO. 17. ATTORNEY'S FEES: If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret any provision or provisions of this Agreement,the prevailing party will be entitled to reasonable attorneys'fees and costs,whether at the trial court and appellate level,in addition to all other costs associated with the action whether or not the action advances to judgment, in addition to any other relief to which that party may be entitled. 18. ENTIRE AGREEMENT: This Agreement embodies the entire agreement between the parties relative to the subject matter,and there are no oral or written agreements between the parties,or any representations made by either party relative to the subject matter,which are not expressly set forth herein.To the extent that any of the terms or provisions contained herein differs or conflicts with those contained within the Contract,the Contract shall control. From: Kiarra Rodriguez-Title Xperts To: kdodoe@llw-law.com;Shutt.Thuv Cc: Gail Jiion,Title Xperts;Title Xperts Closina Team Subject: TXC-2021-51//404 Northwest 12th Avenue,Boynton Beach,FL 33435::Title Closing Update Date: Friday,October 29,20215:25:02 PM Good Afternoon, Happy Friday. Hope all is well. Please be advised that the closing date is being extended to on or before Friday, December 3, 2021. The seller is extending the closing date pursuant to paragraph 4 of Exhibit B to the Purchase and Sale Contract. We will be reaching out to schedule/reschedule signing times accordingly. Feel free to advise if you have any questions at all. Thank you! LOOKING AHEAD:: The scheduled closing date is currently calendared as 11/03/2021. Do notify us if this date has changed. If this is a financed transaction, we must have the lender's clear to close 48 hours prior to closing, and a final balanced closing disclosure with the lender's loan document package no less than 24 hours prior to the scheduled closing date. Our wire cut-off time is 4 p.m. Plan to schedule closings no later than 2 p.m. for same-day funding via wire transfer. Marra Rodriguez Closing Coordinator Title Xperts, LLC Knowledge. Clarity. Superior Service. 560 Village Boulevard, Suite 140 West Palm Beach, FL 33409 Office: (561) 510-2294 Fax: (561) 510-2295 Email: kiarrae,titlexperts.com BEWARE: There are currently high incidences of theft of closing funds via fraudulent wiring instructions. Please note our wire instructions are sent via a secure document portal. If you receive any communication regarding a change in our wiring instructions, contact our office via tele hone immediately. An email is not sufficient. ISO NOT wire funds until you receive verbal confirmation from our office. NOTICE: This email is privileged, confidential,protected, and intended for the use of the individual to whom it is addressed. If you are not the intended recipient or the agent responsible for delivery to the intended agent, be advised that you have received this email in error and that any use, dissemination, reading, forwarding,printing, or copying of this email is strictly prohibited. If you have received this email in error,please notify the sender and delete this email from your system. Thank you. rx — �p r Y. c s 7 f d � � , t- c 1 r f s j u f ,E w r r U. 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Sincerely, FisherAuction Company (954) 942-0917 info anfisherauction.com If you would like to stop receiving these emails please turn off email notifications in Edit Account Fisher Auction Company 2112 East Atlantic Boulevard, Pompano Beach, FL 33062 9549420917 }f?c_ rd.1.1__�s From: info@fisherauction.com To: Shutt,Thuv Subject: 404 NW 12th Avenue,Boynton Beach,FL 33435-Bid($61,000)outbid Date: Wednesday,September 15,2021 12:01:02 PM Dear Thuy You have received the following notification: 404 NW 12th Avenue, Boynton Beach, FL 33435 - Bid ($61,000) outbid Auction: Real Estate Auction - By Order of the Palm Beach County Housing Authority Item: Lot 18: 404 NW 12th Avenue, Boynton Beach, FL 33435 (view item) Thank you for participating in our auction. Sincerely, FisherAuction Company (954) 942-0917 info anfisherauction.com If you would like to stop receiving these emails please turn off email notifications in Edit Account Fisher Auction Company 2112 East Atlantic Boulevard, Pompano Beach, FL 33062 9549420917 }f?c_ rd.1.1__�s From: info@fisherauction.com To: Shutt,Thuv Subject: 406 NW 12th Avenue,Boynton Beach,FL 33435-Bid($53,000)outbid Date: Wednesday,September 15,2021 11:51:38 AM Dear Thuy You have received the following notification: 406 NW 12th Avenue, Boynton Beach, FL 33435 - Bid ($53,000) outbid Auction: Real Estate Auction - By Order of the Palm Beach County Housing Authority Item: Lot 19: 406 NW 12th Avenue, Boynton Beach, FL 33435 (view item) Thank you for participating in our auction. Sincerely, FisherAuction Company (954) 942-0917 info anfisherauction.com If you would like to stop receiving these emails please turn off email notifications in Edit Account Fisher Auction Company 2112 East Atlantic Boulevard, Pompano Beach, FL 33062 9549420917 }f?c_ rd.1.1__�s From: info@fisherauction.com To: Shutt,Thuv Subject: 406 NW 12th Avenue,Boynton Beach,FL 33435-Bid($57,000)outbid Date: Wednesday,September 15,2021 12:07:53 PM Dear Thuy You have received the following notification: 406 NW 12th Avenue, Boynton Beach, FL 33435 - Bid ($57,000) outbid Auction: Real Estate Auction - By Order of the Palm Beach County Housing Authority Item: Lot 19: 406 NW 12th Avenue, Boynton Beach, FL 33435 (view item) Thank you for participating in our auction. Sincerely, FisherAuction Company (954) 942-0917 info anfisherauction.com If you would like to stop receiving these emails please turn off email notifications in Edit Account Fisher Auction Company 2112 East Atlantic Boulevard, Pompano Beach, FL 33062 9549420917 }f?c_ rd.1.1__�s From: info@fisherauction.com To: Shutt,Thuv Subject: 408 NW 12th Avenue,Boynton Beach,FL 33435-Bid($53,000)outbid Date: Wednesday,September 15,2021 11:51:46 AM Dear Thuy You have received the following notification: 408 NW 12th Avenue, Boynton Beach, FL 33435 - Bid ($53,000) outbid Auction: Real Estate Auction - By Order of the Palm Beach County Housing Authority Item: Lot 20: 408 NW 12th Avenue, Boynton Beach, FL 33435 (view item) Thank you for participating in our auction. Sincerely, FisherAuction Company (954) 942-0917 info anfisherauction.com If you would like to stop receiving these emails please turn off email notifications in Edit Account Fisher Auction Company 2112 East Atlantic Boulevard, Pompano Beach, FL 33062 9549420917 }f?c_ rd.1.1__�s From: info@fisherauction.com To: Shutt,Thuv Subject: 408 NW 12th Avenue,Boynton Beach,FL 33435-Bid($57,000)outbid Date: Wednesday,September 15,2021 12:15:04 PM Dear Thuy You have received the following notification: 408 NW 12th Avenue, Boynton Beach, FL 33435 - Bid ($57,000) outbid Auction: Real Estate Auction - By Order of the Palm Beach County Housing Authority Item: Lot 20: 408 NW 12th Avenue, Boynton Beach, FL 33435 (view item) Thank you for participating in our auction. Sincerely, FisherAuction Company (954) 942-0917 info anfisherauction.com If you would like to stop receiving these emails please turn off email notifications in Edit Account Fisher Auction Company 2112 East Atlantic Boulevard, Pompano Beach, FL 33062 9549420917 }f?c_ rd.1.1__�s From: info@fisherauction.com To: Shutt,Thuv Subject: 432 NW 13th Avenue,Boynton Beach,FL 33435-Bid($51,000)outbid Date: Wednesday,September 15,2021 11:18:44 AM Dear Thuy You have received the following notification: 432 NW 13th Avenue, Boynton Beach, FL 33435 - Bid ($51,000) outbid Auction: Real Estate Auction - By Order of the Palm Beach County Housing Authority Item: Lot 29: 432 NW 13th Avenue, Boynton Beach, FL 33435 (view item) Thank you for participating in our auction. Sincerely, FisherAuction Company (954) 942-0917 info anfisherauction.com If you would like to stop receiving these emails please turn off email notifications in Edit Account Fisher Auction Company 2112 East Atlantic Boulevard, Pompano Beach, FL 33062 9549420917 }f?c_ rd.1.1__�s From: info@fisherauction.com To: Shutt,Thuv Subject: 434 NW 13th Avenue,Boynton Beach,FL 33435-Bid($51,000)outbid Date: Wednesday,September 15,2021 12:18:45 PM Dear Thuy You have received the following notification: 434 NW 13th Avenue, Boynton Beach, FL 33435 - Bid ($51,000) outbid Auction: Real Estate Auction - By Order of the Palm Beach County Housing Authority Item: Lot 30: 434 NW 13th Avenue, Boynton Beach, FL 33435 (view item) Thank you for participating in our auction. Sincerely, FisherAuction Company (954) 942-0917 info anfisherauction.com If you would like to stop receiving these emails please turn off email notifications in Edit Account Fisher Auction Company 2112 East Atlantic Boulevard, Pompano Beach, FL 33062 9549420917 }f?c_ rd.1.1__�s From: info@fisherauction.com To: Shutt,Thuv Subject: 436 NW 13th Avenue,Boynton Beach,FL 33435-Bid($51,000)outbid Date: Wednesday,September 15,2021 12:18:48 PM Dear Thuy You have received the following notification: 436 NW 13th Avenue, Boynton Beach, FL 33435 - Bid ($51,000) outbid Auction: Real Estate Auction - By Order of the Palm Beach County Housing Authority Item: Lot 31 : 436 NW 13th Avenue, Boynton Beach, FL 33435 (view item) Thank you for participating in our auction. Sincerely, FisherAuction Company (954) 942-0917 info anfisherauction.com If you would like to stop receiving these emails please turn off email notifications in Edit Account Fisher Auction Company 2112 East Atlantic Boulevard, Pompano Beach, FL 33062 9549420917 }f?c_ rd.1.1__�s From: info@fisherauction.com To: Shutt,Thuv Subject: An identical bid was just accepted.The current minimum bid is 66,000. Bid again! Date: Wednesday,September 15,2021 12:01:30 PM Dear Thuy You have received the following notification: An identical bid was just accepted. The current minimum bid is 66,000. Bid again! Auction: Real Estate Auction - By Order of the Palm Beach County Housing Authority Item: Lot 18: 404 NW 12th Avenue, Boynton Beach, FL 33435 (view item) Thank you for participating in our auction. Sincerely, FisherAuction Company (954) 942-0917 info anfisherauction.com If you would like to stop receiving these emails please turn off email notifications in Edit Account Fisher Auction Company 2112 East Atlantic Boulevard, Pompano Beach, FL 33062 9549420917 }f?c_ rd.1.1__�s From: info@fisherauction.com To: Shutt,Thuv Subject: Max bid of$53,000 reached.You are the high bidder,however no more automatic bids will be placed on your behalf. Date: Wednesday,September 15,2021 11:10:11 AM Dear Thuy You have received the following notification: Max bid of $53,000 reached. You are the high bidder, however no more automatic bids will be placed on your behalf. Auction: Real Estate Auction - By Order of the Palm Beach County Housing Authority Item: Lot 20: 408 NW 12th Avenue, Boynton Beach, FL 33435 (view item) Thank you for participating in our auction. Sincerely, FisherAuction Company (954) 942-0917 info anfisherauction.com If you would like to stop receiving these emails please turn off email notifications in Edit Account Fisher Auction Company 2112 East Atlantic Boulevard, Pompano Beach, FL 33062 9549420917 }f?c_ rd.1.1__�s From: info@fisherauction.com To: Shutt,Thuv Subject: Max bid of$57,000 reached.You are the high bidder,however no more automatic bids will be placed on your behalf. Date: Wednesday,September 15,2021 11:54:37 AM Dear Thuy You have received the following notification: Max bid of $57,000 reached. You are the high bidder, however no more automatic bids will be placed on your behalf. Auction: Real Estate Auction - By Order of the Palm Beach County Housing Authority Item: Lot 19: 406 NW 12th Avenue, Boynton Beach, FL 33435 (view item) Thank you for participating in our auction. Sincerely, FisherAuction Company (954) 942-0917 info anfisherauction.com If you would like to stop receiving these emails please turn off email notifications in Edit Account Fisher Auction Company 2112 East Atlantic Boulevard, Pompano Beach, FL 33062 9549420917 }f?c_ rd.1.1__�s From: info@fisherauction.com To: Shutt,Thuv Subject: Max bid of$58,000 reached.You"ve been outbid.The current minimum bid is 60,000. Bid again! Date: Wednesday,September 15,2021 11:53:17 AM Dear Thuy You have received the following notification: Max bid of $58,000 reached. You've been outbid. The current minimum bid is 60,000. Bid again! Auction: Real Estate Auction - By Order of the Palm Beach County Housing Authority Item: Lot 18: 404 NW 12th Avenue, Boynton Beach, FL 33435 (view item) Thank you for participating in our auction. Sincerely, FisherAuction Company (954) 942-0917 info anfisherauction.com If you would like to stop receiving these emails please turn off email notifications in Edit Account Fisher Auction Company 2112 East Atlantic Boulevard, Pompano Beach, FL 33062 9549420917 }f?c_ rd.1.1__�s From: info@fisherauction.com To: Shutt,Thuv Subject: Max bid of$60,000 reached.You"ve been outbid.The current minimum bid is 62,000. Bid again! Date: Wednesday,September 15,2021 12:08:27 PM Dear Thuy You have received the following notification: Max bid of $60,000 reached. You've been outbid. The current minimum bid is 62,000. Bid again! Auction: Real Estate Auction - By Order of the Palm Beach County Housing Authority Item: Lot 19: 406 NW 12th Avenue, Boynton Beach, FL 33435 (view item) Thank you for participating in our auction. Sincerely, FisherAuction Company (954) 942-0917 info anfisherauction.com If you would like to stop receiving these emails please turn off email notifications in Edit Account Fisher Auction Company 2112 East Atlantic Boulevard, Pompano Beach, FL 33062 9549420917 }f?c_ rd.1.1__�s C C C C C C C C C O Ol Ol Ol Ol Ol Ol Ol of of of C of N of of of of m m mof O l m m l l lO l .-I Ol Ol Ol Ol Ol Ol Ol Ol Ol C C C M M M � al v( lO lO lO lO C C C M O Ol lO lO M M M M N oM M M M M M M M M w w w w w w w w l(1 l(1 l(1 M O w w w l(1 lO lO w w . .ti .--I . l(1 O l0 l0 l0 l0 l0 l0 l0 l0 l0 c-I of of of of of of of O O O M O of of of O n c-I M M M M M M O N O O O O O O O O O �(1 O O O O O O O C C C M I� n n n n O O O C C of I� n Ol Ol Ol Ol Ol w Z rj of of of of of of of of of O O O O of of of of of O O of O O of of of of n N N N N N N N N N N lO lO lO lO �(1 �(1 M M M M lO O of of of O O O O I- o o o o m of of w w w w Ol O N N N N N N N N N N lO lO lO lO lO lO lO N N N N 0 0 0 0 0 lO lO lO N �(1 Ol o� o� o� o� I� w 0 0 0 0 0 0 0 0 0 �(1 .ti c-I c-I c-I c-I c-I c-I Ol Ol Ol Ol Ol . 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SUBJECT: 2021 Holiday Boat Parade Update SUMMARY: Per the direction of the CRA Board, at the meeting held on October 12, 2021, CRA staff has been in communication with the Town of Hypoluxo, regarding a partnership for the 2021 Holiday Boat Parade. The Town of Hypoluxo is agreeable with a partnership and will contribute $2,000 towards the event. The monetary contribution from the Town of Hypoluxo allows for the Boynton Beach CRA to be in compliance with Florida Statute Chapter 163, Part III, for our involvement in an event that partially occurs outside our boundaries. In light of the recent partnership, the parade route will be adjusted to begin at the Ocean Avenue bridge in Lantana and travel south through Boynton Beach, ending just north of the George Bush Boulevard bridge in Delray Beach. The Holiday Boat Parade is scheduled to take place on December 10, 2021. FISCAL IMPACT: FY 2021 -2022 Budget, Project Fund, Line Item 02-58500-480, Holiday Boat Parade $16,700. CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action needed from the CRA Board at this time. }1. `NT 011100BEAC R CO RA OMMUNrrY REDEVELOPMENT AEN Y CRA BOARD MEETING OF: November 9,2021 OLD BUSINESS AGENDAITEM: 16.A. SUBJECT: Discussion and Consideration of a Commercial Development Agreement between the CRA and Centennial Management Corporation for the MLK Jr. Boulevard Corridor Commercial Redevelopment and Affordable Multi-Family Rental Apartment Project SUMMARY: The CRA entered into a Purchase and Development Agreement in September 2019, with Centennial Management Corp (CMC)for certain properties on Martin Luther King Jr. Boulevard (see Attachment 1). The mixed use development consists of 124 affordable multifamily units funded by the Florida Community Loan Fund(FCLF)9% Low Income Housing Tax Credit Program(LIHTC)and a vertically integrated mixed use building located north of the MLK Jr. Boulevard. Under Section 20 of the Purchase and Development Agreement, the Seller and Purchaser may enter into a separate agreement establishing terms and conditions under which Seller may provide additional funding to Purchaser for costs associated with construction, operation and maintenance of the Commercial Component of the Project. $2,025,815 has been allocated for the commercial shell space in the CRA's FY 2021-2022 Budget. CRA staff and CMC has jointly developed the terms and conditions of the MLK Jr. Boulevard Mixed Use Project Commercial Component Development Agreement the CRA Board's consideration (see Attachment 11). The CRA's funds will be available as a reimbursement for the construction costs and will cover the build out of the NOP Office space that was relocated from the Ocean Breeze East Apartments. A preliminary draft of the Agreement has been forwarded to CMC for review and is also attached for the Board's review and direction (see attachment 111). CMC has indicated that construction drawings have been submitted for building permit review with the City of Boynton Beach and permit issuance is anticipated in the near future(see Attachments IV and V).Approval of this Agreement will close a portion of the the funding gap for the project and allow reactivation of the MLK Jr. Boulevard corridor and to provide opportunities for neighborhood commercial uses to serve the new and existing HOB residents. FISCAL IMPACT: Fiscal Year 2021-2022 Budget; Project Fund Line Item 02-58200406 - Local Government Match Contribution $625,750 and Commercial/Retail Component$2,025,815(commercial component);TI RFA$2,063,288.54(residential component) CRA P LAN/PROJ ECT/PROGRAM: 2016 Boynton Beach CRA Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the terms for the MLK Jr. Boulevard Mixed Use Project Commercial Component Development and direct staff and legal counsel to finalize the MLK Jr. Boulevard Mixed Use Project Commercial Component Development Agreement with Centennial Management Corp.(C MC)and bring back the final Agreement for Board approval at the December 14,2021 C RA Meeting. 2. Do not approve the terms for the MLK Jr. Boulevard Mixed Use Project Commercial Component Development. 3. Alternative direction based on further Board discussion. ATTACHMENTS: Description c Attachment I-Executed M LK Jr.Boulevard Corridor Redevelopment Project Purchase and Development Agreement c Attachment II-M LK Jr.Boulevard M ixed Use Commercial Component Agreement Term Sheet c Attachment III-Draft M LK Jr.Boulevard M ixed Use Commercial Component Development Agreement c Attachment IV-Site Plan North Side c Attachment V-Floor Plan and Building Elevations Permit Plans PURCHASE AND DEVELOPMENT AGREEMENT This Purchase anlooment 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" or "'CRA") and Wells Landing Apartments,LLC or its affiliated assignee (hereinafter"PURCHASER," and together with the SELLER,the "Parties"). Inconsideration of TEN 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 Z 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(hereinafterthe"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 mixed use affordable multi-family rental community as set forth in Section 18.2 (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. An Initial Deposit in thea n FIVE THOUSAND AND 00/100 ($5,000.00) (hereinafter "Initial Deposit") shall be deposited with Lewis, Longman & Walker, P.A. (hereinafter "Escrow Agent") within two (2) business as following execution hereof by the Parties. The'Deposit shall be fully refundable to PURCHASER, if prior tothe 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. 4. EFFECTIVE E.The date oft is Agreement(the"Effective Date")shall be the date when the last one of the SELLER and PURCHASER has signed this Agfeement. 5. CLOSING DATE, PURCHASER shall make every reasonable effort to close on or before October 15, 2019, at such location to is the parties may mutually agree in writing. In the event the closing is delayed for any reason,PURCHASER may request,and SELLER may grant, in SELLS 's sole and absolute discretion, up to three(3),thirty(30) day extensions of the Closing Date. The Parties understand and agree that this Agreement shall automatically terminate should closing not occur by October 31, 2019. 6. TITLE TO BE CONVEYED. At Closing, SELLER shall convey to PURCHASER by 0117M94 e- I of 31 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 maIters of record included on the Title Commitment or shown on the Survey (as hereinafter defined), to is PURCHASER fails to object, or is PURCHASER agrees to accept. 7. INVESTIGATION OF THE PROPERTY. Fora 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 the appropriate governmental authorities regarding the Property and to enter on the Property, at any time and from time to time with reasonable notice to SELLER and so to 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 11 environmental investigations, is 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: (1) leave the Property In substantially the condition existing on the Effective Date, subject to such disturbance as was reasonably necessary or convenient in the testing and investigation of the Property; (ii) to the extent practicable, 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 andhold SE E' LLER 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(subject tothe limitation on practicability provided above) arising out of PURCHASER'S investigation of the Property. PURCHASER'S obligations under this Section shall survive closing or the termination or expiration of this Agreement. 7.1 SELLS 's Documents. SELLER shall deliver to -PURCHASER the following documents and instruments within ten (10) days of the Effective Date of this 2 of 31 Agreement:any existing title policies, appraisals,copies of any reports or studies (incl'uding 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 is discloses claims, allegations or adverse information regardingthe Property or SELLER with respect to the Property. 7.2 Title Review. Within twenty (20) days of the Effective Date, PURCHASER's counsel, as closing agent for the transaction contemplated herein (the "Closing Agent") shall obtain, at the PURCHASER'S expense, from a Title any chosen by PURCHASER (hereinafter "Title Company"), a Title Commitment covering the Property and proposing to insure PURCHASER in thea u of the fair market value of the Property 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 fifteen (15) 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 undertake all reasonable activities 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: (1) extending the Cure Period and the Closing for one additional thirty (30) day period at no cost to PURCHASER, (I!) accepting the Title to the Property as of the time of Closing; or (iii) canceling and terminating this Agreement, in is 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 Survey 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 improvem.ents located thereon encroach on 01172659-2 3 of 31 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 over 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 inthis Agreement shall be true and correct as of Closing. 8.2 Pending Proceedings. At Closing, there shall be no actions, suits, proceedings or investigations pending or threatened against SELLER or the Property affecting any portion of the Property,which have 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. 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 Authorizinp, 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 person 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 Closin&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 4 of 31 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 any may reasonably request that SELLER execute and deliver, and any other documents required by this Agreement or are reasonably necessary in order to close this transaction and effectuate the terms oft is Agreement. I 10. PRORATIONS CLOSING COSTS AND CLOSING PROCEDURES, I I 10.1 Prorations.Taxes fort Property shall be prorated through the day before Closing. Cash at Closing all 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 currefit year's mills 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 a tax bill is discloses an actual difference in thea o f of the taxes estimated at Closing that exceeds$1,000.00. 10.2 CI o�in 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 tote Closing Agent the Closing Documents. The Closing Agent shall, at Closing: (a)) disburse the sale proceeds to SELLER; (b) 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. REPRESENTATIONS, COVENANTS AND WARRANTIES. SELLER hereby represents, covenants and warrants to PURCHASER, as oft e Effective Date and as oft Closing Date, as follows: 11.1 Authority. The execution and delivery of this Agreement by SELLER 01178SS9-2 5 of 31 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. 11.2 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. 11.3 L!ji ration. 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 orimprovement upon ora out the Property; (b)creating or incurring,or suffering to exist, any mortgage, lien, pledge, or other encumbrances in any way affecting the Property otherthan 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 PRIOR TO CLOSING. 12.1 PURCHASER'S Default Priorto Clgs�n . In the event that this transaction falls to close due to a wrongful refusal to close or default on the part of PURCHASER,SELLER shall be entitled to terminate this Agreement and 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 Prior to_Closing. In the event that SELLER fails to fully and timely perform any of its obligations and covenants hereunder prior to Closing or if SELLER is in breach of any representations herein prior to closing, PURCHASER may, at its option declare SELLER in default under this Agreement in is event PURCHASER'shall be entitled to the return of its Deposit and this Agreement shall terminate and neither Paity shall have any further rights or obligations hereunder. 12.3 Notice of Default Prior Ig Closing. Prior to declaring a default prior 0117SS59.2 /V 21-;1- 6 of 31 to closing and exercising the remedies described inthis Section,the non-defaulting Party shall issue a notice of default tote 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. 12.4 Survival. The provisions of this Section 12 shall survive the termination of this Agreement. 13. NOTICES.All notices required inthis Agreement must be in writing and shall be considered delivered when received by certified mail, return receipt requested, or personal delivery tot following addresses: If to SELLER: Boynton each Community Redevelopment Agency Executive Director, Michael Simon 710 N. Federal Highway Boynton Beach, Florida 33435 With a copy to: Tara Duhy, Esq. Lewis, Longman &Walker, P.A. 515 North Fla ler Drive,Suite 1500 West Palm Beach,Florida 33401 If to PURCHASER: Wells Landing Apartments, LLC Attn.: Lewis Swezy 7735 NW 146 Street,Suite 306 Miami Lakes, FIL 33016 With a copy to: James Hurchalla, Esq. 1700 E Las Olas Boulevard,Suite 206 Fort Lauderdale, FIL 33301 14. BINDING OBLIGA IONSSI ENT. The terms and eon clitions of this Agreement are hereby made binding on, and shall inure to the benefit of, the successors and permitted assigns of the Parties hereto. Upon written notice to SELLER,this Agreement may be freely assigned by PURCHASER to a wholly owned affiliate of PURCHASER, and thereafter PURCHASER'S assignee shall be obligated to closet a transaction contemplated herein as if such assignee were the original party to this Agreement. Any assignment by PURCHASER to an unaffiliated party shall be subject to the written approval of SELLER. 15. RISK OF LOSS. In the event the condition of the Property,or any part thereof, 01178659-2 V Li ,S' 7 of 31 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 terminatet i reement and receive a refund oft Deposit and the Parties all have no further obligations under this agreement, or PURCHASER may accept the Property without any reduction in the value oft 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) as 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, 16. BROKER FEES. The Parties hereby confirm that neither of them has It with any broker in'connection with the transaction contemplated by this Agreement. Each Partys ail indemnify,defend and of harmless the they 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 CRA does not otherwise waive its sovereign immunity rights.The provisions oft is Section shall survive Closing or termination of this Agreement. 17. ENVIRONMENTAL CONDITIONS. To the best of SELLER'S knowledge, the Property and the use and operation thereof are in compliance with all applicable county and governmental laws, ordinances, regulations, licenses, permits and authorizations, including,without limitation, applicable zoning and environmental laws and regulations. 18. DEVELOPMENT AND SALE OF THE PROPERTY. SELLER and PURCHASER acknowledge that the Property is being sold to PURCHASER forte sole purpose of developing a multi-family affordable residential and commercial mixed use development as described herein. 18.1 SELLER DeggnAL)Uoval. The PURCHASER agrees that the SELLER shall have the right to approve the design of the Project, which approval shall not be unreasonably withheld.' PURCHASER shall submit is tothe SELLER for review prior to submission to the City of Boynton Beach("City")for formal site plan approval. SELLER shall provide comments ora rovl of the design to PURCHASER at its next regularly scheduled 01178659-2 - 8 of 31 Board meeting after PURCHASER submits plans for approval. 18.2 Reguired ELojectlmprove ments. The Project shall be generally consistent with the Conceptual Site Plan attached hereto as Exhibit "C" ("Site Plan") however to the extent any conflict between the Site Plan and the terms of this Agreement, this Agreement shall control.The project shall include,at minimum,the following elements and improvements as allowed and provided for under the Land Development Regulations of the City of Boynton each: a) Unless otherwise agreed to in writing by the CRA, the Project will include construction of a mixed-use affordable multi-family rental community comprised of multiple buildings and providing a minimum of one hundred twenty four (124), 1-, 2- and 3- bedroom units including associated amenities. b) The Project will include a minimum of 8,250 square feet of commercial leasable space. c) If requested or required by the SELLER, the Project will be designed to be a gated community to enhance the effectiveness of the security plan and management of the Property. A decorative fence shall be installed around the buildings comprising the Project to create an attractive enclosed space. If requested or required by the SELLER, a mechanical gate will be installed at the entry and exit of the Project requiring proof of residency for entry.Gates shall not be required if space required for gates (including stacking and turn-around requirements) is impractical or would negatively impact other elements of the site plan including the unit count. d) The Project will have a minimum of an 8-foot sidewalk constructed on areas fronting E.Martin Luther Kin Jr.Boulevard where the development of residential use buildings occur and a minimum of a 16-foot sidewalk comprised of an 8-foot sidewalk and an 8 -foot pedestrian zone, as described in greater detail within the City's Land Develcipmet Regulations in front of the commercial portion of the project. e) The Project will have a minimum of a 6-foot sidewalk constructed throughout the entirety of the Project in areas not fronting E. Martin Luther King Jr. Boulevard. . f) The Project will include street lights installed along the entire 01178659-2 9 of 31 perimeter of the Project that are complimentary to those existing along E. Martin Luther in Jr. Boulevard adjacent to the Property. g) The Project will include on-street parking spaces, where feasible. h) The Project willi nclude street and site trees that exceed the size and caliper requirement of the City's Land Development Regulations, is will be installed along the entire perimeter and the interior of the Project site. I) The Project will include amenities forte exclusive use of residents within the proposed project boundaries. j) If necessary,at the discretion of the PURCHASER,the Project will include and provide accommodations for an onsite residential manager. k) The Project will include an open style commercial plaza space as a design element of the retail component is shall include but not limited to shade and landscape elements, hardscape design features and accent lighting features where feasible and appropriate with preference given to the areas located fronting on E. Martin Luther King Jr. Boulevard. 18.3 Local Contractors. PURCHASER commits to making reasonable and good faith efforts to prioritize the use and hiring of qualified, licensed, insured and bondable local contractors and sub-contractors. Local contractors and sub-contractors is defined as those contractors: 1) having a City of Boynton each Business Tax Receipt, having a business address within the boundary limits of the City of Boynton Beach, and meeting all of the requirements to legally perform prescribed work; and 2) having a business address within the boundaries of Palm each County and meeting all oft requirements to do business within the City of Boynton each during construction of the Project. PURCHASER also commits to making reasonable effort toemploy residents of the Heart of Boynton District and the City of Boynton each as part of the completed Project's operations and property management team.These efforts will include, but are not limited to, providing public notice within the CRA area of available contracts and positions and hosting job fairs or other employment opportunities within the community. Prior to and during the construction of the Project,the Developer shall• a) Host a minimum oft o (2)job fairs; b) Give priority to Contractors and Sub-contractors that are 0117M9-2 Afx 10of31 Locally Owned all Businesses to participate in the construction of the Project as described in this Section. ; c) Include in all agreements with Contractors and Sub-contractors requirements that the Contractors use good faith efforts to hire and train City residents to participate in the construction oft Project; d) As identified and appropriate, notify and refer job training and job placement opportunities tot Boynton Beach Community High School, South Tech Academy in Boynton Beach, Palm Beach State College and Career Source of Palm Beach County in the event each offer such a program and are ready,willing and able to provide such training;and e) Pay or cause to be paid new hires for operations and property management positions a minimum oft living wage for Palm Beach County. 18.4 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 maybe reasonably required by PURCHASER to permit the Project to be constructed and operated. The PURCHASER will be responsible for all costs associated with development and construction of the Project including the formulation of the Project's design and construction documents as well any and'all applicable permit fees associated with the Project. 18.5 REPORTING. PURCHASER shall provide the CRA Board with a report dBili ng the status of the project and PURCHASER's compliance with the terms of this Agreement on December 1, 2019, and at least every six months thereafter tilt CRA deems the project complete. Further, PURCHASER shall, at any time requested by the CRA, appear before the CRA Board and provide any information requested regarding the project. 19. FUNDING OPTIONS. PURCHASER shall have the following options to obtain funding forte Project. PURCHASER shall provide the CRA with copies of all applications for, and notifications regarding, tea lici oraward of any of the funding options below. Upon selection of one ofthe following funding options, the, final budget fort project shal] be presented tothe CRA Board for its approval, which approval will not be unreasonably withheld or require changes that would impact PURCHASER's award of any state or federal funding. As part of its approval of the final budget, the CRA Board may, at . its sole discretion, provide additional funding to PURCHASER to fund the addition of elements tote Project, which funding PURCHASER shall accept and integrate into the X ✓ 11 of 31 Project budget so long as the same does not impact CHASE 's award of any state or federal funding. a) 9% Low Income Housing Tax Credit Program Funding Option: I. PURCHASER shall submit a total of two(2)applications for 9% Low Income Housing Tax Credits (LI TC) funding to the Florida Housing Finance Corporation (F F ) in the 2019 and 2020 Tax Credit Application Period unless the property is no longer eligible due to a change to FHFC, RFA rules. If PURCHASE R's application to F during the 2019 Tax Credit Application Period is successful and 9%Tax Credit funding is awarded to PURCHASER for the Project, then the development of the Project shall commence pursuant to FHFC's underwriting schedule. ii. If PURCHASER is NOT successful, and is not awarded funding through the 2019 Tax Credit Application Period,then SELLER shall,at its option,either: (I)instruct PURCHASER to apply for 9% LIHTC in the 2020 Tax Credit Application Period; or (I!) elect to invoke the terms and conditions for PURCHASER to obtain Project funding pursuant to those described in Section 19.c of this Agreement. III. If SELLER instructs PURCHASER to apply for 9% LI TC in the 2020 Tax Credit Application Period, and if 9%Tax Credits are awarded to the PURCHASER for the Project through the 2020 application cycle, the development of the Project shall commence pursuant to F underwriting schedule. iv. If PURCHASER is NOT successful, and is not awarded 9% LIHTC funding through the 2020 Tax Credit Application Period,then SELLER shall invoke the terms and conditions for PURCHASER to obtain Project funding pursuant to those described in Section 19.c of this Agreement. b) State Apartment Incentive Loan Program Funding Option: I. PURCHASER shall submit a total of two (2) applications to FHFC for funding under the State Apartment Incentive Loan (SAIL) program in the 2019 and 2020 application period unless the property is no longer eligible due to a change to 01179659-2 12 of 31 FHFC, RFA rules. (!)If PURCHASER is successful and SAIL funds are awarded to the PURCHASER forte Project in the 2019 Tax Credit Application Period, tent evelopment oft Project shall commence pursuant tothe FHFC's underwriting schedule. !I. If PURCHASER is NOT successful, and is not awarded SAIL fun dint hrough the 2019 Tax Credit Application Period,then SELLER shall, at its option either: (i) instruct PURCHASER to submit an application for SAIL funding to the FHFC inthe 2020 Tax Credit Application Period; or (ii) elect to invoke the terms and conditions for PURCHASER to obtain Project funding pursuant to those described in Section 19.c of this Agreement. !I!. If PURCHASER is successful and SAIL funds are awarded to the PURCHASER for the Project in the 2020 Tax Credit Application Period,then the development of the Project shall commence pursuant tot FHFC underwriting schedule. iv. If PURCHASER is NOT successful, and is not awarded SAIL fundingthrough the 2020 Tax Credit Application Period,then SELLER shall invoke the terms and conditions for PURCHASER to obtain Project funding pursuant to those 'described in Section 19.c oft is Agreement. V. Inconsideration that PURCHASER is applying for both 9% LIHTC and SAIL funding in the 2019 and 2020 Tax Credit Application Period, the development of the Project shall commence pursuant to FHF 's underwriting schedule at the earliest of either SAIL funds or %Tax Credits being awarded tote PURCHASER forte Project. vi. In consideration that PURCHASER is applying for both 9% LIHTC and SAIL funding in 2019 and 2020, and if neither is successful, and no 9% Tax Credits and no SAIL loan are are to PURCHASER for the Project,the development of the Project shall commence pursuant tote terms and conditions described in Section 19.c oft is Agreement. vii. SELLER shall support PURCHASER in its effort to obtain funding from FHFC by giving Local Government Area of Opportunity preference to PURCHASER when PU'RCHASER apPlies to FHFC in of 2019 and 2020 Tax Credit Application 01178659-2 13 of 31 Periods for SAIL or 9% LIHTC funding forte Project. SELLER shall in a timely fashion execute this Agreement as well as other documents required to be submitted as part of PURCHASER's applications to FC pursuant to this Agreement and SELLER shall provide, if required, a Local Government Contribution to the PURCHASER forte Project not to exceed $1,000,000, which funds shall only be disbursed upon award of either SAIL or 9% LIT C funds to PURCHASER fort Project. viii. If the Project is funded by 9% LCs or SAIL,financing will be obtained and documentation provided tote SELLER within the time frame set forth in FHFC's credit underwriting procedures fort SAIL with bonds and 4% LIHTC or 9%LIHTC as applicable. TAX INCREMENT FUNDING OPTION. PURCHASER shall commence development of the Project by conducting the following actions pursuant to the funding timeline set forth inthis Section and the actions pursuant tote development timeline set forth in Section 19.d below. Completion of each action set forth below must be documented in writing, and all such documentation must be provided to SELLER upon completion. SELLER shall instruct PURCHASER to obtain non-competitive Tax Exempt Multifamily Revenue Bond funding from FHFC or from the Palm Beach County Housing Finance Authority (HFA) as well as non-competitive 4% Tax Credits from FHFC, and SELLER shall provide Tax increment Revenue (TIR) funding (TIRF) to the PURCHASER for the Project in an amount to cover the difference between total Project development costs and the sum total of all Bond and 4% LIHTC funds received by PURCHASER forte Project, which amount of TIF provided by SELLER shall not exceed $900,000 per year over a fifteen (15 ) year period without the subsequent approval of SELLER and as appropriated annually within the CRA Fiscal Year Budget (hereinafter "Gap Funding"). Prior to receipt of any TI F, PURCHASER and CRA shall enter into a separate agreement outlining the formula, term and reporting requirements for payment of TIRF to PURCHASER, d) DEVELOPMENT TIMELINE UNDER TAX INCREMENT FUNDING OPTION. PURCHASER shall commence development of the Project by conducting the following actions pursuant to the development timeline set forth in this Section. Completion of each action set 01179659-2 14 of 31 forth below must be documented in writing, and all such documentation must be provided to SELLER upon completion: i. PURCHASER shall submit an application and all necessary supporting documents tote City for site plan approval within ninety (90) days of notice to PURCHASER from FHFC that it has not received either SAIL or 9% LIHTC funding in either the 2019 or 2020 Tax Credit Application Periods and written confirmation by SELLER that the Project will be funded pursuant to Section 19.c above. ii. PURCHASER shall submit applications and all necessary supporting documents tote City for a building permit within dne hundred and eighty (2 80) as of the City's approval of the site plan forte Project. Proof of permit application fees paid will be provided to the SELLER upon submission to the City. PURCHASER shall provide a copy of the building permit for the Project to SELLER upon issuance oft a same by the City. iii. SELLER shall assist PURCHASER's request for site plan approval and building permit issuance to the extent practicable and permitted by law and to the extent the same is consistent with the terms oft is Agreement. iv. If the Project is funded by TIR, PURCHASER shall obtain non- competitive Tax Exempt Multifamily Revenue Bond funding from FHFC or from the Palm Beach County Housing Finance Authority as well as non-competitive 4% Tax Credits from FHFC. V. Financing shall be obtained and documentation provided to the CRA within the time frame set forth in the HFA and/or FHFC credit underwriting procedures for the bonds and the 4% LIHTC. vi. Regardless of funding source, PURCHASER shall conduct a groundbreaking ceremony and commence construction of the Project within sixty(60) days following the issuance of a building permit by the City for the Project. SELLER will be in attendance at the ceremony with limited participation in its planning. 01129M-2 T Po 15 of 31 vii. Certificate of occupancy shall be obtained within twenty- four (24) months following issuance of the building permit for the Project by the City, regardless of funding source. viii. PURCHASER shall diligently pursue and use all reasonable efforts to obtain all necessary approvals for the construction and development of the Project. Upon receipt of the building permit for the Project from the City, PURCHASER shall diligently pursue completion of construction of the project regardless of funding source. 20. COMMERCIAL FUNDING. Upon PURCHASER proceeding with or being awarded one of the funding options described in Section 19, SELLER and Purchaser may enter into a separate agreement establishing terms and conditions under which SELLER may provide additional funding to PURCHASER for costs associated with the construction, operation and maintenance of the Commercial Component of the Project 21. TERMINATION. Either of the Parties may elect to terminate this Agreement (a) as a result of default by the other party pursuant to Section 22; or (b) upon written notice by either party to the other that the Project cannot be financed pursuant to Section 19.c of this Agreement:If this Agreement is terminated for any reason: a) PURCHASER shall convey to SELLER, and SELLER agrees to purchase from PURCHASER, all properties that have been acquired by PURCHASER in the Project Area as set forth in Exhibit "D" (the "Project Area")subject to the following conditions: 1) The repurchase amount shall be an amount equal to that paid by PURCHASER for any such property as evidenced by the contract wherein PURCHASER bought the property, subject to CRA Board approval of the same; and 2) Funds being available in the CRA Budget for the fiscal year the Agreement is terminated or the fiscal year immediately following the year the Agreement is terminated. SELLER may also, at its sole discretion, agree to reimburse PURCHASER for other verifiable costs. b) PURCHASER shall reconvey the Property to SELLER for $10.00 and verifiable costs associated with the Closing of said properties within One Hundred Twenty (120) days from the date that written Notice of Termination is provided. 01176659.2 16 of 31 22. 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. 23. REVERTER CLAUSE. The Special Warranty Deed shall contain a reverter clause that shall run with the Property until the Project is completed and the PURCHASER has obtained a Certificate of Occupancy for'the Project. 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 propqrty as set forth in Section 2 of this Agreement in addition to verifiable costs associated with the Closing of said property described herein.To carry out the terms of this paragraph, PURCHASER shall execute a reverter agreement in the for set forth on Exhibit"B." 24. RIGHT OF FIRST REFUSAL. In the event SELLER provides TI R funds to PURCHASER forte Project under this Agreement, PURCHASER hereby grants SELLER a Right of First Refusal for repurchase of the Property is shall be in full force and effect and shall not terminate until PURCHASER obtains its Certificate of Occupancy. The terms and conditions of this right shall be as follows: a) If PURCHASER receives an offer to purchase the Property pursuant to a written contract or letter of intent, PURCHASER shall give SELLER notice of the offer by delivering a copy 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. b) 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), 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. c) If SELLER falls 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 shall be deemed to have been waived. d) The terms and conditions of this Section shall survive closing. 01178659-2 17 of 31 25. MISCELLANEOUS. 25.1 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 each 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. 25.2 Comoutation of Time. Any reference herein to time periods which are not measured in business as 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. 25.3 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. 25.4 Construction of Agree,me . 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 inthis 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. 01 178 65 9-2 18 of 31 25.5 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. 25.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by SELLER and PURCHASER shall control all printed provisions in conflict therewith. 25.7 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. 25.8 Attornevs' 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. 25.9 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 in and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. 25.10 Recording. This Agreement shall be recorded in the Public Records of Palm each County, Florida, 25.11 Survival. The covenants, warranties, representations, indemnities and undertakings of the Parties set forth in this Agreement, shall survive the Closing, the delivery and recording of the Deed and PURCHASER'S possession of the Property. 25.12 Attorneys' Fees and Costs. The Parties acknowledge and agree that each shall be responsible for its own attorneys' fees and costs incurred in connection with the transaction contemplated by this Agreement. 25.13 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; 4y 8 19 of 31 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 ort 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 oft a 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. e) 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 inthis Agreement shall constitute a Default and Breach oft is Agreement. [Remainder of Page Intentionally Blank] (7- 20 of 31 t IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective ate. PURCHASER: BOYNTON BEACH COMMUNITY 7 ' , � k Printed Name: Printed Name:Steven B. Grant Title: ��,���a �,.�..,v. � �. ��`� ��, Title: Chair Date: Date: t WITNESS- WITNESS: �- � k Printed Name: � y I'rinteNate � - u ; : _., I ESS: WIT SS: r s rinte Name. rinte Name: Approved as to form and legal sufficiency:_ CRA Attorney 0(178653-2 C 21 of 31 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. PURCHASER: SELLER: BOYNTON BEACH COMMUNITY RED5EVELOPMEAGWCY, Printed Name: Printed Name:Steven B. Grant Title: Title: Chair Date: Date: J WITNESS: WITNESS: -7-K Printed Name: Printeif r4ime: WIT 5 WA)I ESS: S: Name. �(.'Printed Na Printed me* Na Approve7.)d as to form and legal sufficiency: CRAAttorneyi, k' 21ol3l EXHIBIT A LEGAL DESCRIPTION Property Control Number: 08-43-45-21-25-001- L f -Legal Description: FRANK WEBBER ADD LTS 8 &9 (LESS S 10 FT RD R/W) BLK 1 Property Control Number: 08-43-45-21-25-001- L al -Legal Description: FRANK WEBBER ADD LTS 6 &7 (LESS S 10 FT RD R/W) BLK I Property Control Number: 08-43-45-21-25-001- L al Legal Description: FRANK WEBBER ADD LTS 4 &5 (LESS NE 10TH AVE R/W) BLK I Property Control Number: 08-43-45-21-24-000-0010 Legal Description: MEEKS ADD TO BOYNTON LT 1 Property Control Number: 08-43-45-21-10-005- L l -Legal Description: PALM BEACH COUNTRY CLUB ESTS LT 5 BLK 5 Property Control Number: 08-43-45-21-10-005-0090 Legal Description: PALM BEACH COUNTRY CLUB ESTS, LT 9 BLK 5 Property Control Number:08-43-45-21-10-005- L l Legal Description: PALM BEACH COUNTRY CLUB ESTS LTS 10 TO 13 INC BLK 5 Property Control Number: 08-43-45-21-04-000-0202 Legal Description: ROBERT WELLS SUB S 100 FT OF W 5 FT OF LT 20& LTS 21& 22 (LESS N 10 FT RD R/W) Property Control Number: 08-43-45-21-10-004- L l Legal Description: PALM BEACH COUNTRY CLUB ESTS LT 5 BLK 4 Property Control Number: 08-43-45-21-10-004-0060 Legal Description: PALM BEACH COUNTRY CLUB ESTS LT 6 BLK 4 Property Control Number: 08-43-45-21-10-004-0080 Legal Description: PALM BEACH COUNTRY CLUB ESTS LT 8 BLK 4 Property Control Number: 08-43-45-21-10-00 - L al -Legal Description: PALM BEACH COUNTRY CLUB ESTS LT 9 BLK 4 Property Control Number: 08-43-45-21-10-004- L al Legal Description: PALM BEACH COUNTRY CLUB ESTS, LT 10 BLK 4 Property Control Number: 08-43-45-21-10-004-0130 Legal Description: PALM BEACH COUNTRY CLUB ESTS LT 13 BLK 4 Property Control Number: 08-43-45-21-18-000-1720 Legal Description: ARDEN PARK LT 172 22 of 31 EXHIBIT REVERTER (See Next 23 of 31 Prepared by and return to: Kenneth Dodge, Esquire Lewis, Longman &Walker, P.A. 515 N. Flagler Drive,'Suite 1500 West Palm Beach, FL 33401 REVERTER AGREEMENT This REVERTER AGREEMENT is dated as of this day of 2019, by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY(the "SELLER") and , LLC or its affiliated assignee (the PURCHASER); and together with the SELLER, the ("Parties"). RECITALS 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. The PURCHASER has agreed to construct certain Improvements an the Property in accordance with the guidelines and criteria set forth in the Purchase and Development Agreement ("Agreement") executed by the Parties a copy of which is attached here to as Exhibit "A.Op The Deed shall provide that if the PURCHASER does not timely construct the Improvements as set forth inthis Agreement,then the Property shall revert tot e SELLER, NOW THEREFORE, in consideration of the transfer oft a Property to the PURCHASER and other consideration,the receipt and sufficiency of which are acknowledged, the parties agree as follows: PURCHASER agrees at its sole cost and expense to complete the construction ofthe Improvements in accordance with the terms and timeframes set forth in the Agreement. In the event the Improvements are not timely completed(unless extended pursuant tot a terms of the Agreement),the Property shall revert to and thereafter become fee simple real estate owned by the SELLER. Within thirty (3 0) as of the written request of the SELLER, the PURCHASER will provide a quit claim deed tot Property In for and substance acceptable to the SELLER evidencing the reconveyance of the Property. In the event the SELLER exercises its right of reverter,SELLER shall reimburse PURCHASER the purchase price oft e property described herein as well as verifiable closing costs. During the construction of the Improvements, PURCHASER will not place any additional liens or 24031 encumbrances an 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 financed with a commercial bank or similar tender.intended,to fund the construction and development of the Improvements.As required,the SELLER will enter into a Subordination Agreement satisfactory to such lender. Upon completion of t'he Improvements satisfactory to the SELLER and evidenced by a Certificate of 'Occupancy,the SELLER agrees to record a release of the reverter rights described herein. This Agreement shall be binding upon the parties,hereto and shall be binding upon and inure to-the benefit of their successors and assigns. This Agreement shall be governed by and interpreted in accordance with thelaws of the State of Florida. This Agreement shall be recorded inthe Public Records and 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: BOYNTON BEACH COMMUNITY REDEVE NJENT AK, Printed Name Printed Name:Steven B.Grant Title: b Title: Board Chair Date: Date: WITNESS; WITNESS: Printed Name: i Za -d Kofne: Prinie WIT SS: i WI N S: i r Printed Name. rinte Name: 25 or 31 EXHIBIT C Conceptual Site Plan f " ,. _.J 26 of 31 ill.. 0 0 Ow 0 za E 3 OZ 0 W 0 J,:) —=1 w L 0 Uzi z 0 to e 0 it z Z m NU S 0!1 -'Mto M'T z(OZ13 WD, 31 Tsi, j 11 x,—7, B111*1 RRIB"pl, m- AW� AR _Fg, ul -"NIP Ap, Aj, �rc!L I A & �I­ %20- K� 'Al s f i z to F ? Y r � J 7 CD1 1 Sf w 4 If Sf 1 iI i 1 , f c Yid i. 1� t 1 i1 , } � I a , d tY r a r s � is h �i i t slls ¢ss is _ s 3 } I Exhibit Project r r 30 of 31 r � s ` r esrsulffrr r{. rf° 4 t i n1 �fati�riJ'd V` f p N d i � s N Vii,'� + r � r��,,,'�,. t� .i •Si � ��''��� %��� A a �- s r t Development Agreement Term Sheet—MILK Jr. Blvd. MU Project Commercial Component • Project Requirements: o The Project— ■ Centennial will build and manage residential units and commercial space on the MLK Blvd Property ■ Deadline to commence construction of the "gray shell"for commercial spaces within six months o The Neighborhood Officer Program Office- 0 Centennial will build out the NOP officer space to be "move-in ready" ■ Centennial will work with the CRA architect ■ 1055 Square Feet ■ "Unit#8" (corner unit) depicted on plans o Designated Restaurant Units 4&5 ■ One full service, sit down, restaurant (either Unit 4 or 5) ■ One specialty restaurant (anything other than full service sit down—either Unit 4or5) o Commercial Marketing— ■ Deadline to commence marketing for commercial space within 1 year ■ CRA to have right to review and approve initial marketing plan prior to commencement of marketing or prior to sign-off of first tenant, whichever comes first. Approval will not be unreasonably withheld. ■ No use of CRA logo (unless requested and authorized by the CRA) ■ Centennial to use best efforts to market to local businesses o Commercial Rental— ■ Centennial to select tenants ■ Rent to be held at$22 per square foot for a period of 5 years ■ After 5 years, rent may be increased at a rate of 3%per year for the next five years ■ After 10 years, all rent restrictions dissolve ■ 5%of rent will go to Centennial as Management Fee ■ Common Area Maintenance (CAM)fees are additional o Ongoing Management— ■ Centennial will manage all aspects of residential and commercial space rentals, including rent collection,tenant selection, maintenance, etc. • CRA Funding: o Funding will be on a reimbursement basis o CRA will provide up to $2,025,815 towards construction of the gray-shell buildout of the commercial space. ■ CRA funds may also be used for plumbing, electricity, water, ventilation, etc., but not for individual spaces; concrete floor bases for all tenants. ■ Of this, $25,000 will go toward the NOP Office buildout. o CRA funds will not be used to build out individual spaces • CRA Right to Review o The CRA will have the right to review and approve the commercial property owners association and any master association documents prior to the documents becoming effective to ensure compliance with the Agreement. Approval will not be unreasonably withheld. 01564690-1 Development Agreement Term Sheet—MILK Jr. Blvd. MU Project Commercial Component o The CRA will have the right to review and approve commercial leases prior to their use to ensure compliance with the Agreement. Approval will not be unreasonably withheld. • CRA Right of First Refusal o CRA shall have a Right of First Refusal for repurchase of the Property. • Remedies o Reimbursement maybe withheld for failure to comply with the Agreement 01564690-1 DEVELOPMENT AGREEMENT This 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 "CRA") and Wells Landing LLC or its affiliated assignee (hereinafter "Developer," and together with the CRA, the "Parties"). WHEREAS, the Developer and the CRA intends to construct the Project, as further defined below, which will contain commercial space including a minimum of 1,055 square feet of space dedicated to the CRA's Neighborhood Officer Program, in that space identified as "Unit #8" in "Exhibit B," attached hereto and hereby incorporated herein; and WHEREAS, the CRA has determined that the Project furthers the Boynton Beach Community Redevelopment Plan; and WHEREAS, Developer has the knowledge,;ability, skill, and resources to effectuate the construction and development of the Project; and WHEREAS, the CRA has determined that a public-private partnership in which the CRA provides Tax Increment Revenue Funding for the Project will further the goals and objectives of the Community Redevelopment Plan; NOW THEREFORE, in consideration of the mutual covenants and promises set forth herein, the sufficiency of which both Parties hereby 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) DEFINITIONS. a) "Eligible Expenses" means expenses that are consistent with the requirements of Florida Statutes, consistent with the CRA Redevelopment Plan, directly related to the Project, and in compliance with the requirements of this Agreement. In addition, only direct expenses for materials, labor, construction, and equipment costs associated with the Project are considered eligible expenses. b) "Grey Shell" means an unfinished interior with concrete floors, lacking heating, ventilating, air conditioning, lighting, plumbing, ceilings, elevators, interior walls, etc. and ready for tenant improvements. c) "Local Businesses" means a duly licensed business entity with an office location in Palm Beach County. 01565732-3 d) "Move-in ready" means a state of construction such that it has a certificate of occupancy and is ready for tenant occupation and use. Move-in ready includes, but is not limited to, installation of the following items per plans the CRA will later provide to Developer: equipment; fixtures; outlets and plugs; all aspects of bathroom facilities including sinks, toilets, stalls, and hand-drying or paper towel equipment; fixed counter space; all components of a functionating HVAC/air conditioning system; paint; and doors. The term "move-in ready" shall not be read to require provision of furniture that is not a fixture. e) "Project" means the construction and management of the commercial spaces of the Property as described in this Agreement, as further described in Exhibit B which is attached hereto and hereby incorporated herein,; and in accordance with the previously executed Purchase and Development Agreement, which is attached hereto and hereby incorporated herein. f) "Property" means the property described in Exhibit A, which is attached hereto and hereby incorporated herein. 3) EFFECTIVE DATE. The date of this Agreement (the "Effective Date") shall be the date when the last one of the CRA and DEVELOPER has signed this Agreement. 4) OBLIGATIONS OF THE CRA. The CRA agrees to: a) Provide to Developer funding in an amount not to exceed $2,025,815 for the Project ("Project Funding"), to be used only for the reimbursement of eligible expenses. Reimbursement shall be subject to the terms and conditions hereinafter set forth. b) Review all documentation` submitted by the Developer as required by this Agreement and provide comments, approval, or notice of disapproval within 45 days of receipt of such document(s). 5) OBLIGATIONS OF DEVELOPER. The obligations of the Developer areas follows: a) Developer will build out the residential portion of the Property and complete the Project. b) Construction. Regarding construction of the Project, Developer shall: i) Commence construction of the "gray shell" of the commercial spaces of the Project within six months of the Effective Date. ii) Work with the CRA's architect and build out the area depicted as "Unit #8" in the attached Exhibit A, consisting of approximately 1055 square feet, for the Neighborhood Officer Program Office ("NOP Office"). The construction of the NOP Office shall be completed no later than 18 months of the Effective Date. 01565732-3 iii) Make reasonable and good faith efforts to prioritize the use and hiring of qualified, licensed, insured and bondable local contractors and sub-contractors. Local contractors and sub-contractors are defined as those contractors: 1) having a City of Boynton Beach Business Tax Receipt, having a business address within the boundary limits of the City of Boynton Beach, and meeting all of the requirements to legally perform prescribed work; and 2) having a business address within the boundaries of Palm Beach County and meeting all of the requirements to do business within the City of Boynton Beach during construction of the Project. c) Developer shall designate Units 4 and 5 solely as restaurant spaces. One of the units shall be used as a full-service sit-down restaurant. The other unit shall be used as a limited-service restaurant. d) Commercial Marketing. Regarding marketing of the Project, Developer shall: i) Commence marketing the commercial space created by the Project within 1 year of the Effective Date. ii) Provide a copy of the initial marketing plan to the CRA for the CRA's review and approval prior to commencement of marketing or,prior to sign-off of the first commercial tenant, whichever occurs first. The CRA shall not unreasonably withhold approval. iii) Refrain from using the CRA's logo or other intellectual property without the CRA's prior written approval. iv),; Use its best efforts to market and secure local businesses as tenants for the commercial spaces created by the Project. e) Rental and Management of Commercial Spaces. Regarding the rental of the commercial spaces created by the Project, Developer shall: i) Solicit commercial tenants to occupy the commercial spaces created by the Project. ii) Provide the CRA with copies of the commercial property owners association and any master association documents for the CRA's review and approval prior to the documents becoming effective to ensure compliance with the Agreement. The CRA shall not unreasonably withhold approval. iii) Provide the CRA with copies of the commercial leases for the CRA's review and approval prior to the execution of the first lease,to ensure compliance with the Agreement. The CRA shall not unreasonably withhold approval. iv) Rent the commercial spaces created by the project at a rate of$22 per square 01565732-3 foot for a period of 5 years following the day the first commercial rental agreement become effective. After 5 years,the rental rate may be increased at a rate of 3% per year for the next 5 years. All restrictions on rental pricing will dissolve 10 years after the day the first commercial rental agreement becomes effective. v) Take its management fee forthe commercial spaces created by the Project from the rental rates described above. Such management fee may not exceed 5%of the rental rate. Common area maintenance fees are not required to be taken from the rental rates described above and may be charged in addition to such rates. vi) Manage all aspects of commercial space rentals, including but not limited to rent collection, maintenance, and tenant selection. f) Residential Management. Developer shall manage all aspects of residential rentals, including rent collection, maintenance, and tenant selection. 6) LIMITATION ON USE OF CRA FUNDS. The funding provided by the CRA pursuant to this Agreement shall be used to construct the gray shell of the commercial spaces created by the Project. Twenty-five thousand dollars($25,000)shall be used towards the move- in ready build out of the NOP Office; however, no other CRA funds may be used to otherwise build out individual spaces except to install_plumbing, electricity, concrete flooring, ventilation, and HVAC/air conditioning systems. 7) METHOD OF REIMBURSEMENT. Reimbursement shall be effectuated as follows: a) The CRA will reimburse the Developer only for eligible expenses, and only upon receipt of a written reimbursement request that contains the following: i) A letter requesting an amount to be reimbursed; ii) A summary of the Project items for which Developer seeks reimbursement; iii) A statement that the request is consistent with the requirements of this Agreement and the reimbursement requested is for eligible expenses; iv) Copies of all invoices, receipts, and any other documentation necessary to evidence the amount and purpose for each payment made by the Developer for the Project for which the Developer is seeking reimbursement; and v) For any reimbursement request submitted after final completion of a physical improvement, evidence of an approved final inspection, or equivalent. b) In order to be eligible for reimbursement, the reimbursement request must be submitted within 60 days of Developer making the payment for which it seeks 01565732-3 reimbursement. c) Upon receipt of a complete reimbursement request from the Developer that meets the requirements of this Agreement, the CRA shall remit funding in the amount requested,consistent with this Agreement,to the Developer within ninety(90)days of receipt of the reimbursement request. d) If the Developer fails to submit a reimbursement request within ninety (90) days, the Developer will no longer be eligible to receive reimbursement for that item. If the Developer submits a reimbursement request that the CRA deems incomplete, the CRA shall notify the Developer in writing. The CRA may ask for additional documentation that could reasonably be used to evaluate or support the reimbursement request. The Developer shall have ninety(90) days from receipt of the notice to provide the necessary documentation to complete the reimbursement request. If the Developer fails to provide the documentation required by the CRA within the required time limits, the Developer shall only be eligible for the portion of the reimbursement request, if any, that the CRA deems complete and eligible.The CRA will not reimburse the Developer for any;portion of the reimbursement request the CRA deems ineligible for reimbursement.' e) Reimbursement may be withheld or denied for failure to comply with this Agreement. 8) 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 thefollowing addresses. If to CRA: Boynton Beach Community Redevelopment Agency Executive Director, Thuy Shutt 100 E. Ocean Avenue, 4th Floor Boynton Beach, Florida 33435 With a copy to: Tara Duhy, Esq. Lewis, Longman & Walker, P.A. 360 S. Rosemary Avenue, Suite 1100 West Palm Beach, Florida 33401 If to DEVELOPER: Wells Landing, LLC Attn.: Lewis Swezy 7735 NW 146 Street, Suite 306 Miami Lakes, FL 33016 01565732-3 With a copy to: James Hurchalla, Esq. 1700 E Las Olas Boulevard, Suite 206 Fort Lauderdale, FL 33301 9) RIGHT OF FIRST REFUSAL. In the event Developer elects to sell the Property, CRA shall have the right of first refusal. 10) 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. Upon written notice to CRA,this Agreement may be freely assigned by DEVELOPER to a wholly owned affiliate of DEVELOPER, and thereafter DEVELOPER'S assignee shall be obligated as contemplated herein as if such assignee were the original party to this Agreement. Any assignmentby DEVELOPER to an unaffiliated party shall be subject to the written approval of CRA. 11) 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 CRA, DEVELOPER may elect, as its sole option,,to terminate this Agreement and refund to the CRA all monies previously received from the CRA for the Project, at which time the parties shall have no further obligations under this Agreement.. 12) REPORTING. DEVELOPER'shall provide the CRA Board with a report detailing the status of the project and DEVELOPER'S compliance with the terms of this Agreement six months after the Effective Date,and at least every six months thereafter until the CRA deems the project complete. Further,DEVELOPER shall, at any time requested by the CRA, appear before the CRA Board and provide any information requested regarding the project. 13) DEFAULT. The failure of Developer to comply with the provisions set forth in this Agreement shall constitute a default and breach of this Agreement. If the Developer fails to cure the default within seven (7) days of notice from the CRA, the CRA may refuse to make reimbursement payment under this Agreement, or terminate this Agreement and refuse to make any further payment hereunder. 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 Developer'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. 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 Project Funding less any portion of the Project Funding already paid to Developer. 14)TERMINATION. Either of the Parties may elect to terminate this Agreement as a result 01565732-3 of default by the other party. If this Agreement is terminated due to default of the Developer, the Developer shall immediately refund to the CRA all funding the CRA previously paid to the Developer pursuant to this Agreement. Otherwise, this Agreement shall automatically terminate after completion of the Project and final payment by the CRA, whichever occurs later. 15) MISCELLANEOUS. a) 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 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. 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. 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 regardless of conflict of law principles.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. b) 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. c) Waiver. Neither the failure of a partyto insist upon strict performance of any of the 01565732-3 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. All waivers by the CRA must be expressly stated in writing. This paragraph shall survive termination of this Agreement. d) 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. e) 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. f) Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by CRA and DEVELOPER shall control all printed provisions in conflict therewith. g) Waiver of Jury Trial. As an inducement to DEVELOPER agreeing to enter into this Agreement, DEVELOPER and CRA hereby waive trial by jury in any action or proceeding broughtby eitherparty against the other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. h) Compliance with Laws; No Discrimination. In the performance of this Agreement, Developer 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. Developer 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 performance under this Agreement. i) Attorneys' Fees and Costs.The Parties acknowledge and agree that each Party shall be responsible for its own attorneys'fees and costs incurred in connection with the transaction contemplated by this Agreement. 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, including those at the appellate level. 01565732-3 j) Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the DEVELOPER and CRA 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. k) Survival. The provisions of this Agreement concerning use of the CRA's intellectual property, agents, wavier, and repayment of funds due to Developer's default shall survive the expiration ortermination of this Agreement and remain in full force and effect. 1) Public Records. CRA is public agency subject to Chapter 119, Florida Statutes. The DEVELOPER shall comply with Florida's Public Records Law. Specifically, the DEVELOPER shall: i) Keep and maintain public records that ordinarily and necessarily would be required by the CRA in connection with this Agreement; ii) 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; iii) 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 iv) Meet all requirements for retaining and;.providing public records and transfer to the CRA, at no cost, all public records in possession of the DEVELOPER upon terminationof 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 CRA'. IF THE DEVELOPER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE DEVELOPER'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@bbfl.us. CRA shall, upon request, provide guidance to DEVELOPER as to the public records keeping and reporting duties that are imposed upon DEVELOPER as provided above and shall take all steps reasonably required to assist DEVELOPER in not violating them. The failure of DEVELOPER to comply with the provisions set forth in this Agreement 01565732-3 shall constitute a Default and Breach of this Agreement. Developer also understands that the 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. [Remainder of Page Intentionally Blank] 01565732-3 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. DEVELOPER: CRA: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Printed Name: Printed Name: Steven B. Grant Title: Title: Chair Date: Date: WITNESS: WITNESS: Printed Name: Printed Name: 01565732-3 WITNESS: WITNESS: Printed Name: Printed Name: Approved as to form and legal sufficiency: CRA Attorney 01565732-3 EXHIBITA LEGAL DESCRIPTION Property Control Number: 08-43-45-21-25-001-0080 Legal Description: FRANK WEBBER ADD LTS 8 &9 (LESS S 10 FT RD R/W) BLK 1 Property Control Number: 08-43-45-21-25-001-0060 Legal Description: FRANK WEBBER ADD LTS 6& 7 (LESS S 10 FT RD R/W) BLK 1 Property Control Number: 08-43-45-21-25-001-0040 Legal Description: FRANK WEBBER ADD LTS 4 & 5 (LESS NE 10TH AVE R/W) BLK 1 Property Control Number: 08-43-45-21-24-000-0010 Legal Description: MEEKS ADD TO BOYNTON LT 1 _ V� �� �` '� � " �� -- _ az s t,l\„�- s��r, kt ,,�� � ,���, � �' ? � t� yi �i — � p t 4i3� - r ink' t w � �� $ �z ,J��r _ _ _ � � ,, ��i r t �s�(St i� \tS }�� �}lls'1r'� i - Y�- is t .,�. 4 ) - - N4 0,t v y t r -� '�:� �t s�� � s �. r � ._ `— ._ — _ — f- ,v � __ ,... ,, '� � — ,,�, � � Jr-- ����' ��" i f ..r 1 } i e+ } V t f � �' � iii 1t � `; �i�Y. e '� ➢� _ i. iI n �� � + � � � p�� i � ' � G� , I - 4 � ��jp � s� � � � , � � � �' �� t,�� � � � � bl i � �� - � �- � _ �' � ��"d1 SS'' �-� �C h l� i r �� "ii� - w ��, � � � � j( i � �; ,U � t � 4 7! �'� � 1 i�' _ �c,� ..'tv',:. � � � t� T r � � J/ I 11 � W � \ ��� ,� �, ,, � ,�: 3,,; '�`� � � � � *y is �� �t t4 ��" �� 1 � ��' �� � �j _� � �' I m ,,,' ) � � ��'( � �� �"� � � � t� _ t, F i �, =f. � i ,� �� � � �� --�tai � _ r,5.. � -- � s, �� �� � i���, �s ��` ':' f t ��) a <<i i i � � � � „_�� ;, � �Y , � ;- �. � � � � t ���� n � t htl \ 1J �Ad'�,r�� d��� � '� tt � � 4.i'sF��U� � sw 1 t^ \t t�; r � � r � '� ��`�l�i;�� � _ � S ��, (����'�rsak _ .�,�`� z.�z:l' S # � �. .� .u. � — did�+.. 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SUBJECT: Discussion and Consideration of a Purchase and Development Agreement for the Cottage District I nfill Housing Redevelopment Project with Azur Equities, LLC SUMMARY: Azur Equities, LLC was selected by the CRA Board on April 13, 2021, as the developer for the Cottage District Infill Housing Redevelopment as a result of a Request for Proposals and Developer Qualifications (RFP/RFQ) process that was issued on August 17, 2020 (see Attachment 1). The Board was specific in their goals for the site in the discussion leading up to their decision to select Azur Equities, LLC and authorization to staff to commence negotiations for a Purchase and Development Agreement (see Attachment 11). As a result, the following needs to be incorporated into the proposed Development Agreement in return for the CRA's land contribution and other funding: • The units need to be single-family owner-occupied fee simple ownership; • The units need to be affordable and address the Boynton Beach AMI; • The affordability of the units must be maintained; • The proposed plan to use local tradespersons and laborers in the construction of the development; and, • Any other supportive documents in support of the requirements of the RFP/RFQ (e.g. financial and/or proforma, etc.) in order to arrive at a negotiated Purchase and Development Agreement acceptable to both parties. At the August 10, 2021, CRA Board meeting, Azur Equities, LLC an additional 30 days to resubmit the necessary documents to staff to move forward with finalizing the Draft Purchase and Development Agreement. The following has occurred after the August 10, 2021, CRA Board meeting: • August 19, 24, 25, and 31, 2021, and September 9, 2021 - Staff had numerous meetings and conference calls with Azur regarding the revised documents for the project; • September 1, 2021 - Azur resubmitted updated site plan, floor plans, elevations, financial information, and other supportive information (see Attachment 111); and • October 1, 2021 - Azur resubmitted updated documents which contains more detailed information but the information needs to be keyed for ease of understanding and review (see Attachment IV). The October 1, 2021, package was the minimum necessary for staff to prepare the attached Purchase and Development Agreement for consideration by the Board. Since these documents will be incorporated in the Agreement as Exhibit "D," revisions (numeric errors and inconsistencies) will need to be made to ensure that the terms of the Agreement may be monitored and implemented. More importantly, a complete and error-free Exhibit "D" will facilitate a more streamlined City development review process for the project. The following items have been incorporated into the Purchase and Development Agreement (Attachment V): • The units will be deed restricted for single-family, owner-occupied fee simple ownership (Section 10.1); • The units will be available for households up to the 140% of Boynton Beach AMI category; • The affordability of the units must be maintained for 15 years (Section 10.1); and • The site plan is generally consistent with the design requirements of the RFP/RFQ and the City's LDRs (Sections 1 and Exhibit"D"). The attached Purchase and Development Agreement also provides: • A schedule of disbursement of CRA redevelopment incentives and funding (Section 21.a); • Required milestones for entitlement, construction, and sales (Section 22); • Overall completion date and assessment of fees for each unit not completed by the Completion Date (Section 22.f); • Binding documents evidencing financing has been obtained for the construction of the project prior to the transfer of property ownership to Azur(Section 22.c); and • Reverter Agreement (Exhibit"B"). The following items have not been addressed by Azur's October 1, 2021, with enough details to be incorporated into the Purchase and Development Agreement for implementation: • The proposed plan to use local tradespersons and laborers in the construction of the development; and, • Supportive documents in Exhibit "D" needs to be clarified further to support of the requirements of the RFP/RFQ (e.g. unit types, sizes, costs, keyed into the financial and/or proforma, etc.) in order to arrive at a negotiated Purchase and Development Agreement acceptable to both parties. Staff included requirements for local engagement of tradespersons and laborers in the project's construction for consistency with the RFP/RFQ and Azur's responses (Section 20.q) in the Agreement: At the October 12, 2021, CRA Board meeting, the Board approved the changes to the Purchase and Development Agreement but wanted staff to bring back all finalize documents including Azur's revised documents for approval at its November 9, 2021 meeting. The revised Purchase and Development Agreement included all the items above as agreed by CMC and approved by the CRA Board was forwarded to Azur for review by CRA staff on October 21, 2021. A reminder was provided to Azur on November 3, 2021, that all requested materials are needed for the November 9, 2021, CRA meeting (see Attachment VI). Azur only submitted "reworked" attachments after the requested deadlines but no comments for the Agreement (see Attachment VI 1). Due to the lateness of the submission staff have not had a chance to review the submitted documents prior to packet publication. Staff does not recommend proceeding with the Purchase and Development Agreement without further review of the submitted documents. BACKGROUND: 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 VIII and IX) and the review of each proposal in accordance with the original published RFP/RFQ Evaluation Criteria (Attachment X). 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. The following occurred subsequent to the April 13, 2021, CRA Board Meeting: • April 22, 2021 - CRA staff and Azur Equities, LLC met to discuss their proposed site plan, designs, and financial information; • April 29, 2021 - CRA staff and Azur Equities, LLC met again with members of the City's Development staff to discuss preliminary site plan and design issues; • May 27, 2021 - Draft Purchase & Development Agreement was provided to Azur Equities, LLC; • June 23, 2021 - Mr. Gotsman expresses two important concerns regarding the draft Purchase and Development Agreement: 1) the sales and development timeline; and 2) the restriction on renting the homes; and • July 13, 2021 - Mr. Gotsman submitted suggested changes to the draft Purchase and Development Agreement for CRA staff and legal review. FISCAL IMPACT: FY2020-21 Budget, Project Fund, Line Item 02-58200-406 (Cottage District Project), $385,825 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRAAB RECOMMENDATION: At their December 3, 2020, meeting, the CRA Advisory Board is providing a recommendation to the CRA Board that of the five Proposals submitted for the Cottage District Infill Housing RFP/RFQ, the following three Proposals best met the intent and requirements of the RFP/RFQ: • Pulte Home Company, LLC; • Boynton Beach Cottage District Development, LLC; and • Azur Equities, LLC. CRA BOARD OPTIONS: 1. Direct CRA staff and legal counsel to continue to work with Azur Equities, LLC to finalize the Purchase and Development Agreement for the properties located within the Cottage District Infill Housing Redevelopment Project and authorize Board Chair to execute the Agreement subject to final legal review. 2. Alternative direction based on CRA Board discussion. ATTACHMENTS: Description D Attachment I -Cottage District Infill Housing Redevelopment Project RFP-RFQ and Addenda D Attachment 11 - Excerpt from April 13, 2021 CRA Board M eeting M inutes D Attachment III -Azur Equities, LLC Re-submission D Attachment IV -Azur Equities, LLC 10-1-21 Resubmission D Attachment V -October 21, 2021 Draft Purchase and Development Agreement Email D Attachment VI - November 3, 2021 Reminder for November 9th Submission Deadline D Attachment Vll -Azur November 4th Emailed Revised Documents D Attachment Vlll -Azur Equities, LLC Additional Information D Attachment IX -Azur Equities, LLC Presentation D Attachment X - Proposal Evaluation sheets f� 61, 1 B Toi ,OYN =BEACH SiF RA BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY REQUEST FOR PROPOSALS AND DEVELOPER QUALIFICATIONS COTTAGE DISTRICT INFILL HOUSING REDEVELOPMENT PROJECT Location: Between N.E. 4th and N.E. 5th Avenues and N. Seacrest Boulevard and N.E. 1St Street Boynton Beach, Florida Issue Date: August 17, 2020 Submittal Date: October 23, 2020, no later than 3:00 p.m. (EST) 4A��t { }�?�' ti,;rrR�\ t irlt�}u "!i s t 1f ,v S'�,J i }Q$i �� "A ':w i� v f � ) I Milli, s 4 11� 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. Sth 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 4S miles north of Miami and 1S 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 9S (I-9S) 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-9S 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.S 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. Sth 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 1S units/acre (plus a 2S% density bonus for the creation of workforce housing) and maximum built height of 4S 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 County Impact Fees. Development of the property will be subject to Palm Beach County Impact Fees. Please contact Impact Fee Coordinator for PBC, Willie Svvoope at [561) 233'SU2S, 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. Amaerial boundary and parcel map along with acopy o[the property survey isincluded with this FlFP'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 outhe information in the appraisal when compiling proposal. The appraised value should be considered with all offers and requests for BBCRA incentives 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 be evaluated outheir adherence and incorporation of architectural and design elements presented in the BBCRA Plan listed above and the design examples under Attachment"k." ' ' 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 as but not limited to, infrastructure improvements, second mortgage subsidies, and/or assistance with County and State grant or funding applications. • The BBCRA may 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 BBCRAhuudiug. • The BBCRA may provide support and assistance in pursuing any permits or approvals that may berequired toexpedite the selected site development plan. • The BBCRAhas allocated $38S,82Siuthe FY2U2U'2U2lBudget 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 33435 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 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 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 S, 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: (S61) 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 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. 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,41h 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 ai 70 ��{Ad (� SII C• \ i 9' C1 I' n v , 01353549-2 Page 18 of 36 +vm - - ac ry ma 4 dQ 4 -(b' dd 9t 30vd'SZ'e �d)NO 33015 ANNI76 tN0018'S45101 ...9Zl tStl .... (h (-aJ8d 6939tld ZEdtN'I 1.310AO SIDII4d d3HS Y < _ f £N0018'B 8 4'E Z't 510130 ShOI1t30d N W W 9NIddVkV?5NIA3AHns a�Og Btl'6��� — 8LpZ1LtiEp � 'ON7`S31V700SSd8WOt1(hV A3ANns DINdvN'JOd014 AWGNn(>e d � 3N1S lS 43N xs) t9'2tE .t. 3A&Mws < o i Lt 66 L, t a 121 w t 0 S6'fitrl *�M..SZ.tE,40NLu rr a � i — ____ —,----� _,:. .9B'Btrl 3-RAMS ti ix t xE H Z 09 x 66 LL M,9Z.tE,tON M.SZ 6E LON r F L� A d 0 1Y" i 3.97H1£>tOS b 1 �$ r _ — to A to m r� i iA w iS.tE>t t w Yf ,r I w r" a yr-ae, _ ... -- -- OtlVA3l(1O91S3NOV3S �S v . - m ¢ � 5 " � � 6 —77 $ £ _ EU" & P 2 5 $ po 21 m}, Sp g. V c a TZ g am 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 du i Id �a k £ 11;q 1 t� r s t` urr F, s c(it d 4 r S dit - 01353549-2 Page 22 of 36 ATTACHMENT "E" (continued) SAMPLE ELEVATIONS . s ti # �.. . [ ry , �rr �I TT _: e Z17 � r y ( I W.. f u , 51 ri4 In 01353549-2 Page 23 of 36 ATTACHMENT "E" (continued) Alternative Carport Options and Urban Neighborhood Site Plan Concepts s r. aa ' graphics below by Looney Ricks Kiss Architects, Inc. ir as S111. PLANNINt-4 F1,11 N M8i:WFtl pp n �,a� ��a ra acav aw t�afi�o�mi aRw,ua tlx.x+=asma� .. R••� ��-Yi+ vo-�§ �c� rW'.e&4z,�'s� �u ku ar3.epEa 4,la4 pMVe="#rMt�x dr @m,�'�bt i - i� i" M uy�B N W 4 s IJ � 4 i ti �m aarz �. +n rea fie' i •� � + ax n�v re +„ �' YMaw`±++xa yN ek4§�.4tL lhd r'sFi S'f eatlaravA�a N's a Uoe t'a tl mue ya+areer "ir � { i' I A na lJ4. 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Xll 01353549-2 Page 26 of 36 graphics below by Looney Ricks Kiss Architects, Inc. all MEMANNOOMM �b ea t ... K= 5 T11 , w �icy �ISI it � r:�•� I\ � d1h : r "T GE1UYI1° Tn I jw�.�,� is, � a �F-4,s ] sW �, - -s� �a'� n, a,A�,?� x� � e 6�Ww A t r -k'�'��� .� � I � - I� rf", waw ll 1.a�7- rw �srwz u�ll mew a,xa��r�^r�.e•s>x4 H eat ,.drd ,daael.�z-,x..no- A i '��'�rt ec>nn c� �.,S01 1 44'4 Faa� xxV=r'4� X �xd acr vx�l:1 i=�" K`rr; f x rte° t -. �µ w graphics below by Looney Ricks Kiss Architects, Inc. 01353549-2 Page 27 of 36 e :ten „ i ll..III. I aaFs-k A-fs r i t r t j � 10 F 1 9 p f s a �s{ 4 E _ , , E f 1' k l�� i -- � 3� ''"3 �s r�raa��w�- .m+��3 d➢r Gu�.x��k.a,m� { a tt t yAll 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 EntitXL. 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. (S) 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 B'C-)YRC)N ,. .WWWBEACH '�CRA C1 . L 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. 41h and N.E. 51h Avenues and N. Seacrest Boulevard and N.E. 1St 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. oyntoneachcra.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 A, "14 s rtS'»3jWAISM Y q �' g RA �-;�a'&AMIUCITY` L€.,7�.�.`pYia��''i1d.6w°TAGENCY BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY REQUEST FOR PROPOSALS AND DEVELOPERS QUALIFICATIONS (RFP/RFQ) COTTAGE DISTRICT INFILL HOUSING REDEVELOPMENT PROJECT Issued Date: August 17, 2020 Submission Date: October 23, 2020 Date: March 12, 2021 Corrected REQUEST FOR INFORMATION FROM SELECTED PROPOSERS At their March 9, 2021, meeting and as provided for under Section 18.M. of the Boynton Beach Community Redevelopment Agency (BBCRA) Request for Proposals and Developer Qualifications (RFP/RFQ) for the Cottage District Infill Housing Redevelopment Project, attached hereto as Exhibit A, the BBCRA Board selected three (3) Proposers and asked that each provide the additional information detailed below. The BBCRA Board Selected Proposers are: 1) Boynton Beach Cottage District, LLC; 2) Pulte Home Company, LLC; and 3) Azur Equities, LLC. The BBCRA Board is requesting additional information and providing revisions to the criteria set forth in the original RFP/RFQ's housing affordability criteria as described below: • Unless already articulated in the Proposer's original response submission, please provide a proposed plan for inclusion of Boynton Beach residents as potential buyers and provide the proposed maintenance of affordability mechanism for the housing units sold within the proposed development. • Replace 2020 Palm Beach County Area Median Income (AMI) income levels with the Boynton Beach Median Household Income (BBMHI) income levels for households within 80-140% of median income as provided below. Moderate income (80% to 120%) $52,146 to $78,218 Middle income (120% to 140%) $78,218 to $91,255 • If deviating from your original submission, provide a detailed description of the 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." • Provide a breakdown of proposed unit sales prices for each unit type or model and identify the corresponding income levels of the potential homeowner based on the Attainable Housing Formula assuming that not more than thirty percent (30%) of gross household income should be expended for housing costs. Consider providing a wide range of sales prices attainable for those whose household income falls within the 80%-140% of BBHMI. Please include the costs associated with any proposed Homeowner Association fees. 1 • Proposals must be received by the BBCRA at 100 E. Ocean Avenue, Boynton Beach, FL 33435 on or before Monday, April 5, 2021, 12:00 p.m., Eastern Standard Time (the Deadline). 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. • Corrected: The requested information will be presented to the BBCRA Board at their regular meeting on April 13, 2021 at 5:30p.m. in Commission Chambers located at 100 E. Ocean Avenue. • Proposals must be delivered in a sealed box or envelope. Faxed and emailed proposals will not be accepted. In total, one unbound original proposal document must be submitted with a title page listing the name of the RFP/RFQ and the submitting proposer and one digital copy of the complete proposal in PDF format on a labeled CD/DVD or thumb drive. • 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 E. Ocean Avenue, Boynton Beach, Florida 33435 Phone: (561) 600-9091 Email: SimonMabbfl.us • The terms and conditions as described under RFP/RFQ Section. 17. Limitations on Communications; Cone of Silence; No Lobbying; shall remain in full force and effect. 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2021 Board had an appraisal done, which said if you have a big building and there is extra land, it is worth x dollars . Land is worth what it was worth on its own. They could not even fit a ramp to get to parking which is required under the Code, it was unbuildable. He disagreed on how valuable the land was. Board Member Katz commented he was referring to how valuable the land was to Mr. Camalier. Motion Vice Chair Penserga moved to delay the issuance of the notice of default for 30 days. Board Member Hay seconded the motion. The motion failed 2-3 (Chair Grant and Board Members Hay and Romelus dissenting.) Attorney Duhy noted the Board has not waived their right to notice the default at a later date. She agreed to contact Attorney Miskel. 15 C Discussion and Consideration of Responses to a request for Additional Information from Respondents of the RFP/RFQ forthe'Cottage District Infill Housing Redevelopment Project. Chair Grant noted at one time, five people applied and they are now down to one. Mr. Simon explained the item was to discuss the request made to the Boynton Beach Cottage District LLC, Pulte Home Group, LLC, and Azure Equity, LLC, for additional information about housing prices and the Boynton Beach area median income chart. The Boynton Beach Cottage District.LLC withdrew their response after the meeting last month and Pulte withdrew their proposal yesterday, so the single proposal received during the time period was Azure Equity, LLC. That information was provided in the attachments and representative from Azure were present. The options were to select Azure Equities and commence negotiations, terminate the RFP, or request more information. Franck Gotsman, Azure Equity, was present. Chair Grant wanted to move forward working on a purchase and development agreement with the CRA. Based on the CRA's last discussion with the developer, the City wanted to rearrange their design and would likely do so with Azure. Mr. Gotsman explained they are open to a redesign and all the homes will be in the 80% to 100% of the Area Median income range. Vice Chair Penserga commented they made no mention about maintaining affordability and how to keep the homes affordable and not flipped a year after. Mr. Gotsman explained they work the highest percentage possible. There will be three parcels at 80% of AMI and the rest at 100%. The cost of construction increased and the bank is being difficult. They have come in with a product that fits the CRA with different options for houses so people can choose and upgrades should.they decide. The prices of the home are $199K. They are working closely with Keturah Joseph, at the Boynton Beach CDC on the price points. They could include a park and a bus stop for the children. He tried to talk to Ms. Oyer and left messages with her brother to include the property next to it, but has not been too successful. Vice Chair Penserga reiterated his concern how to 16 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2021 maintain affordability. Chair Grant did not want the homes to be flipped or rented. He noted they have associations, or land trusts, similar to what Habitat for Humanity does with a Community Land Trust and thought that was something the CDC could help with. Mr. Simon explained that was a different model outside the parameters of the RFP/RFQ. Mr. Gotsman commented they cannot put restrictions on people. They will work to find Boynton Beach residents to give them the first opportunities and the CDC has a list of homebuyers. He commented they cannot inform individuals they cannot sell their homes in three or four years. They are working on putting together a community that makes sense and for the long term. They are open to discussion and would be amenable to suggestions as long as it does not hinder people from purchasing the homes. Board Member Romelus was opposed to a land trust that would not allow the owner to own the property outright. The purpose of the community was to make it affordable and give the homeowners the opportunity to benefit from the equity they would build in their homes. They cannot guarantee the homes would be in affordable price ranges in perpetuity. She was not opposed to an association. Vice Chair Penserga agreed with Board Member Romelus. Mr. Gotsman explained the community can be designed in a Key West style. Motion Board Member Romelus moved to select Azure Equities. Vice Chair Penserga seconded the motion. The motion passed unanimously. 15 E. Discussion and Consideration of Letters of Intent for the CRA-owned Property located at 401-411 E. Boynton Beach Boulevard. Mr. Simon reviewed the history of the project and the various proposals as contained in the meeting materials. Board Member Katz thought Mr. Collins' Letter of Intent should be accepted. He did not know if any of the remainder of the letters could fit into the site and liked the flexibility of what Mr. Collins was offering. Mr. Simon explained the remainder of the property that is structural is not usable and that is why they are slated for demolition. The focus of the proposal would be limited to the 401 main building on the corner. Board Members Romelus, Hay and Vice Chair Penserga supported Board Member Katz's comments. Chair Grant commented his proposal requests access to all grants and they have no more funding. They could move forward with Fish Depot, but he did not know if they would move forward without the grant funds. Board Member Romelus noted the CRA has grant funds that will be allocated in the next fiscal year and businesses, if they cannot apply now, could apply next year. 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W Z O o Ln r Ln L(0 :w, Qa C) � > r H CdCd Ln L �: M °n *� W Ln Q � bn r-In Cd o i + Ln u u® C o � N Lnbn L Ln _ cc L b r2 H 2 m 0 Cd > m n cs c C) L Ln L c o Ln bn E i u Ln u *J V) V)>, U >_ c -0 _ o C o 0 o id id + G -FE Cd to Ln N dc = c cd Zcd O L cu � (a) kD r W Cd c u Z m w + uM 0 0 c T m z _ W W �� C +� N 0 E � d � u 0 Cd V) � C: OLW � 0 � c rd u w V L m u OL bo N o x r'\! < ? < Lj -A N N w ❑ � v a� u d eel � Ca o v o 0 o x o ❑ a '° U o 3 £ZjG_ z v ro C v C w m A OF o a z I P., ID G v a o o v x -5. .d J o m o � � ID 0 W 0 J LL a Z - o � - - E LL - W o m 0 Q co b.0 Z E ° Q a Zi m o' C V d W 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 responses thereto, including the April S, 2021 Supplemental Package, attached as Exhibit "C," as amended and approved by the CRA Board on Cep+e.be "'November 9, 2021, attached as Exhibit "D," 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. A 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 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: 01532955-1 PURCHASE AND DEVELOPMENT AGREEMENT Page 2 of 24 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 and securing financing of the Project within the timeframe set forth in Section 22 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 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 PURCHASER's Initials: SELLER's Initials: 01532955-1 PURCHASE AND DEVELOPMENT AGREEMENT Page 3 of 24 or Closing of this Agreement. 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 an amount not less than 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. PURCHASER's Initials: SELLER's Initials: 01532955-1 PURCHASE AND DEVELOPMENT AGREEMENT Page 4 of 24 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 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 resale of the residential units for a period of fifteen (15)years from the date of the Certificate of Occupancy except to eligible prospective buyer(s) up to 140% of the Boynton Beach Area Median Income (BBAMI) and at a price in the same income category as the previous owner but no higher than the income category of that unit as indicated in Exhibit "D." and as determined by the SELLER at time of resale and prohibiting use of the propertyfor anything otherthan fee simple owner-occupied residential use. PURCHASER's Initials: SELLER's Initials: 01532955-1 PURCHASE AND DEVELOPMENT AGREEMENT Page 5 of 24 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 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 PURCHASER's Initials: SELLER's Initials: 01532955-1 PURCHASE AND DEVELOPMENT AGREEMENT Page 6 of 24 "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. 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 PURCHASER's Initials: SELLER's Initials: 01532955-1 PURCHASE AND DEVELOPMENT AGREEMENT Page 7 of 24 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 event PURCHASER may terminate this Agreement, receive back its Deposit and neither party shall have any further rights hereunder, or PURCHASER may commence an action against SELLER for specific performance. 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 Thirty (30) 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. SELLER reserves the right to grant extensions to the Cure Period above, at its sole discretion, upon receipt of reasonable justification. 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: Thuy Shutt, Interim Executive Director 100 E. Ocean Avenue, 4th Floor Boynton Beach, FL 33435 With a copy to: Kenneth Dodge, Esquire Lewis, Longman & Walker, P.A. 360 S. Rosemary Avenue, Suite 1100 West Palm Beach, Florida 33401 If to Purchaser: Franck Gotsman, Managing Partner Azur Equities, LLC 2875 NE 191s' Street, Suite 600 Aventura, FL 33180 PURCHASER's Initials: SELLER's Initials: 01532955-1 PURCHASE AND DEVELOPMENT AGREEMENT Page 8 of 24 With a copy to: Bruce Smoler Esq, Smoler &Associates, P.A. 2611 Hollywood Boulevard Hollywood, Florida 33020 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. It is 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. 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. PURCHASER's Initials: SELLER's Initials: 01532955-1 PURCHASE AND DEVELOPMENT AGREEMENT Page 9 of 24 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. 19. SELLER DESIGN APPROVAL. SELLER (in cooperation with the City) 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, consistency with all applicable codes, 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," as amended and approved by the CRA Board on September 14, 2021, attached as Exhibit "D." 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 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, 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% Boynton Beach Area Medium Income (AMI). PURCHASER's Initials: SELLER's Initials: 01532955-1 PURCHASE AND DEVELOPMENT AGREEMENT Page 10 of 24 i. PURCHASER shall only be obligated to construct houses which are under Agreement for sale. j. Housing should be constructed with maximum efficiency and sustainability in mind. k. Creation of a Homeowner's Association with defined and limited authority over common areas. I. Provision of a Builder's Warranty for a period of one (1) year for each housing unit completed and sold. The one (1) year warranty period shall commence at time of closing for each unit. M. 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. n. Implementation of a plan or program to market and solicit sales of the unit to existing income qualified Boynton Beach residents and annual reporting the results of the plan or program to the SELLER and submission of a final report at the conclusion of the Project or within thirty(30) days of receiving the Certificate of Occupancy for the last unit. The first annual report is due no later than twelve (12) months after the Effective Date. o. All marketing materials shall include notification to prospective buyers of the deed restrictions as described in Section 10.1. P. All requirements and obligations set forth in Exhibit "D" are incorporated herein by reference. g. Prior to and during the construction of the Project, PURCHASER shall: 1) Provide a job placement consultant or work with local trades or apprenticeship programs in Palm Beach County during the construction of the Project 2) Host two job fairs@ 3) Give priority to Contractors that are Locally Owned Small Businesses to participate in the construction of the Project, 4) Include in all contracts with Contractors requirements that the Contractors use Good Faith Efforts to hire and train City residents to participate in the construction of the Proiecte 5) Provide no less than 20% of the construction jobs to businesses in Boynton Beach andJor Palm Beach County@ 6) Notify and refer job training and job placement opportunities to the Boynton Beach Community High School and South Tech Academy in PURCHASER's Initials: SELLER's Initials: 01532955-1 PURCHASE AND DEVELOPMENT AGREEMENT Page 11of24 B2ynton Beach in the event each are able and wil rovide such 7) Provide documentation of these reguirements in the_Ltguired annual reports and final closeout report within 30 days f the issuance of the last Certificate of 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 ofthe project: a. PURCHASER shall bereimbursed uptoamaximum amount of$385,825.00 for eligible site and infrastructure related improvements necessary to complete the proposed Project. Disbursement ofsaid funds shall be as follows: Fifty (50) percent or $192,912.5Oshall be reimbursed within thirty (30) days of receiving the first Certificate of Occupancy for the first unit of the project; an additional twenty-five /25\ percent or $96,456.25 shall be reimbursed within thirty /30\ days of receiving the Certificate of Occupancy for the first half ofthe total number ofunits asdescribed in Exhibit "O"; and the remaining twenty-five /25\ percent or $96,456.25 shall be reimbursed within thirty /30\ days of receiving the Certificate of Occupancy for the last unit as described in Exhibit "O". Purchaser shall submit all required 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 building permit number and Certificates of Occupancy documentation. 3\ Income eligibility documents, sales contracts, and closing documents evidencing the prospective buyers are within the 8OY6 140Y6BBAM|. 4\ Agreements and itemized proof ofpayments evidencing materials and site development and infrastructure work performed onthe site. b. 3ELLER'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 isrequired tocomply with the deadlines set forth below. PURCHASER shall provide Seller with written documentation evidencing completion of each action (collectively the "Project E|ennents"\ on or before each deadline. PURCHASER shall provide SELLER with such written evidence within ten /10\ days of completing each deadline. PUR[HA3ER's |nitia|s: _______ 3ELLER's |nitia|s: _______ PURCHASE AND DEVELOPMENT AGREEMENT Page 12 of 24 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 ninety (90) days of receiving final platting, final site plan, land use and zoning approvals from the City of Boynton Beach. SELLER retains the right to demand any and all verifiable binding documentation necessary to evidence that financing has been obtained for the construction of the project. 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 ninety(90) days of obtaining an approved land development permit for the Project. f. PURCHASER shall obtain a Certificate of Occupancy for the final housing unit sold of the Project within four (4) years of the Effective Date ("Completion Date"). A fee of $1,000 per day will be assessed by the CRA for each and every unit that has not received a Certificate of Occupancy by the Completion Date. The total amount of late fees shall not exceed , 2 o�� rid shall be deducted from the last disbursement of CRA incentive funds described in Section 21.a. g. PURCHASER shall ensure that the Groundbreaking ceremony will occur prior to or simultaneously with the commencement of construction of the first unit. h. PURCHASER shall ensure that a Ribbon Cutting ceremony will occur prior to the closing of the first housing unit sold. 23. DEFAULT 23.1 With Regard To Prosect 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 PURCHASER's Initials: SELLER's Initials: 01532955-1 PURCHASE AND DEVELOPMENT AGREEMENT Page 13 of 24 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 (as described below), 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 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 and paid by the PURCHASER from the Effective Date of this Agreement associated with the development improvements described in Exhibit "D" hereto 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." 23.3 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 "D" is obtained. 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 and/or if the Property is not used as a fee simple owner-occupied single family residential unit 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 in exchange for the payment described herein; and/or b. Should PURCHASER receive an offer to purchase the Property pursuant to a binding Agreement , PURCHASER shall give SELLER notice of the offer by delivering a copy of the Agreement 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 schedule this item on the earliest available CRA Board agenda for approval to either PURCHASER's Initials: SELLER's Initials: 01532955-1 PURCHASE AND DEVELOPMENT AGREEMENT Page 14 of 24 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 CRA Board approval, 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 thirty (30) days after receipt of the Notice, then SELLER's right of first refusal 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 PURCHASER's Initials: SELLER's Initials: 01532955-1 PURCHASE AND DEVELOPMENT AGREEMENT Page 15 of 24 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 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. PURCHASER's Initials: SELLER's Initials: 01532955-1 PURCHASE AND DEVELOPMENT AGREEMENT Page 16 of 24 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: 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 Agreement 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 Agreement with a third-party Agreementor 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. 26. TERMINATION. The obligations of Developer and CRA shall terminate upon the earlier of (i) the issuance of the last Certificate of Occupancy; or (ii) failure by the Developer to complete the Project before the Completion Date, as described in Section 22.f, unless extended as provided by written agreement of the parties. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. PURCHASER's Initials: SELLER's Initials: 01532955-1 PURCHASE AND DEVELOPMENT AGREEMENT Page 17 of 24 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: 01532955-1 PURCHASE AND DEVELOPMENT AGREEMENT Page 18 of 24 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 plat thereof as recorded in Plat Book 2, Page 59 of the Public Records of Palm Beach County, Florida. (PIN:08-43-45-21-29-003-0011; 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 Plat 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. PURCHASER's Initials: SELLER's Initials: 01532955-1 PURCHASE AND DEVELOPMENT AGREEMENT Page 19 of 24 (PIN: 08-43-45-21-29-003-0041) 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 Plat Book 2, Page 59 of the Public Records of Palm Beach County, Florida. (PIN: 08-43-45-21-29-003-0071) TOGETHER WITH: 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 Plat Book 2, Page 59, of said Public Records. (PIN: 08-43-45-21-29-003-0081) TOGETHER WITH: 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 Plat 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. PURCHASER's Initials: SELLER's Initials: 01532955-1 PURCHASE AND DEVELOPMENT AGREEMENT Page 20 of 24 TOGETHER WITH: The east 50 feet of the south 150 feet of Lot 3, Block 3 of SHEPARD ADDITION TO BOYNTON BEACH, according to the plat thereof in Plat Book 2, Page 59, of the Public Records of Palm Beach County, Florida. (PIN: 08-43-45-21-29-003-0031) TOGETHER WITH: The east 50 feet of the south 100 feet of Lot 5, Block 3, 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, recorded in Plat Book 2, Page 59, said lands situate, lying and being in Palm Beach County, Florida. (PIN: 08-43-45-21-29-003-0052) Said lands situate in the City of Boynton Beach, Palm Beach County, Florida and containing 201,778 square feet (4.632 acres) more or less. PURCHASER's Initials: SELLER's Initials: 01532955-1 PURCHASE AND DEVELOPMENT AGREEMENT Page 21 of 24 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 dated_ 12021 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, as provided below 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 and timeframes set forth in the Purchase and Development Agreement ( hereafter 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 or any portion of the Property not sold or used as fee simple owner-occupied residential units 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 fully executed 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: 01532955-1 PURCHASE AND DEVELOPMENT AGREEMENT Page 22 of 24 financed with a commercial bank or similar lender intended to fund the construction and development of the Improvements. In such an event,the SELLER will enter into a Subordination Agreement satisfactory to such lender. Upon completion of the Improvements satisfactory to the SELLER, the SELLER agrees to record a release of the reverter rights described herein. This Agreement shall be binding upon the Parties hereto and shall be binding upon and inure to the benefit of their successors and assigns. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. This Agreement may only be modified or amended by a written agreement signed by authorized representatives of the parties hereto. WITNESS the following signatures as of the year and date first above written. PURCHASER: SELLER: 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: 01532955-1 PURCHASE AND DEVELOPMENT AGREEMENT Page 23 of 24 EXHIBIT C PURCHASER'S CONCEPTUAL SITE PLAN AND SUPPORTIVE DOCUMENTS FROM AUGUST 17, 2020 RFP/RFQ RESPONSE PACKAGE AND APRIL 5, 2021 SUPPLEMENTAL PACKAGE (Note:Site plan and supportive docs to be inserted as pdf for clarity) PURCHASER's Initials: SELLER's Initials: 01532955-1 PURCHASE AND DEVELOPMENT AGREEMENT Page 24 of 24 EXHIBIT D PURCHASER'S AMENDED CONCEPTUAL SITE PLAN AND SUPPORTIVE DOCUMENTS FROM NOVEMBER 93C Q 11 , 2021 CRA MEETING (Note:Site plan and supportive docs to be inserted as pdf for clarity) PURCHASER's Initials: SELLER's Initials: 01532955-1 From: Franck D. Gotsman To: Shutt,Thuy Cc: Utterback.Theresa; kdodae@llw-law.com Subject: Re: Cottage District Purchase and Development Agreement-Post October 12th CRA Board meeting Date: Thursday,November 4,20214:33:44 PM Attachments: Canary Villaae-Comolimentary Info-Final B.odf Hi Thuy, We have reworked on all the details and have redone all the plans and site plans to better explain each unit and where it could potentially go. There are many more pages than before but it is just to better explain the same information as requested. The rest of the document is exactly the same since we didn't change any of the numbers. Hope that works for you. Regards, Franck D. Gotsman Managing Partner ---------------------------------- AZUR EQUITIES Tel: 954-765-6254 / Cell: 305-984-9535 2875 NE 191st Street, Suite # 600 Aventura, FL 33180. www.azurequities.com -----Original Message----- From: FRANCK GOTSMAN <gotsman@aol.com> To: Shutt, Thuy <ShuttT@bbfl.us> Cc: Utterback, Theresa <UtterbackT@bbfl.us>; Ken Dodge (kdodge@llw-law.com)<kdodge@llw- law.com> Sent: Thu, Oct 21, 2021 3:50 pm Subject: Re: Cottage District Purchase and Development Agreement- Post October 12th CRA Board meeting Hi Thuy, We are going to review. In the meantime we are reworking the presentation and are awaiting elevations from the architect. Should have kt early next week. Will send as soon as we have it. Regards. Franck D. Gotsman Managing Partner ---------------------------------- AZUR EQUITIES Tel: 954-765-6254/Cell: 305-984-9535 2875 NE 191th Street, Suite#600 Aventura, FL 33180. www.azurequities.com On Oct 21, 2021, at 13:49, Shutt, Thuy<ShuttT@bbfl.us>wrote: Hi, Franck, Please see attached draft of the Purchase and Development Agreement tat has been reviewed by our attorney and let me know if you have comments. Also, any status for the items in email below? Thanks. Thi iv S,hi„tt, NA, FRA-RA Bovrl on B t_ (1 ornrl' ni i 1 R-,-,,, . .-»nl rl r=�Fgency 10vE. x fl Ave. ( Bo'yfl rrl Be_..-:;ri, FI_r I,_.. _t5 561-6',0,0-J0`J8 whi tff` bb L s ( http://www.boyntonbeachcra.com America's Gateway to the Gulfstream be `,i ib e.t_to ;I,do_,ii e.�ndler Fl_ I,;a reuordls ( .w, email a,dl s aibli _uon-k. The,,efOre, 1` iir rinai rC,,r1"1r1"1 .vr6 aion aml voi.n e-mail a—hl _�, rn 1 be s 'b,.v_w pi..ibljrv„I�v From: Shutt, Thuy Sent: Monday, October 18, 2021 5:44 PM To: Franck D. Gotsman <gotsman@aol.com> Cc: Utterback, Theresa <UtterbackT@bbfl.us> Subject: Cottage District Purchase and Development Agreement - Post October 12th CRA Board meeting Importance: High Hi, Franck, I just sent the draft to our attorney for review. We should get it back soon. How are the elevations going? I have a couple of questions for you: 1. When do you intend to turn this project over to the HOA? When will the HOA docs be prepared — before the first unit is sold? 2. How will the 1 year Builder's Warranty work? Will you require this of your GC/Builder in their contract? Will this survive the existence of the LLC that Azur will set up for this project? Thanks. <10-21-21 Azur Equities Boynton Beach CottageDist Agreement—CRA Board (Attachment _)_FINAL.docx> From: Franck D. Gotsman To: Shutt,Thuy Cc: Utterback.Theresa; kdodae@llw-law.com Subject: Re: Cottage District Purchase and Development Agreement-Post October 12th CRA Board meeting Date: Thursday,November 4,20214:33:44 PM Attachments: Canary Villaae-Comolimentary Info-Final B.odf Hi Thuy, We have reworked on all the details and have redone all the plans and site plans to better explain each unit and where it could potentially go. There are many more pages than before but it is just to better explain the same information as requested. The rest of the document is exactly the same since we didn't change any of the numbers. Hope that works for you. Regards, Franck D. Gotsman Managing Partner ---------------------------------- AZUR EQUITIES Tel: 954-765-6254 / Cell: 305-984-9535 2875 NE 191st Street, Suite # 600 Aventura, FL 33180. www.azurequities.com -----Original Message----- From: FRANCK GOTSMAN <gotsman@aol.com> To: Shutt, Thuy <ShuttT@bbfl.us> Cc: Utterback, Theresa <UtterbackT@bbfl.us>; Ken Dodge (kdodge@llw-law.com)<kdodge@llw- law.com> Sent: Thu, Oct 21, 2021 3:50 pm Subject: Re: Cottage District Purchase and Development Agreement- Post October 12th CRA Board meeting Hi Thuy, We are going to review. In the meantime we are reworking the presentation and are awaiting elevations from the architect. Should have kt early next week. Will send as soon as we have it. Regards. Franck D. Gotsman Managing Partner ---------------------------------- AZUR EQUITIES Tel: 954-765-6254/Cell: 305-984-9535 2875 NE 191th Street, Suite#600 Aventura, FL 33180. www.azurequities.com On Oct 21, 2021, at 13:49, Shutt, Thuy<ShuttT@bbfl.us>wrote: Hi, Franck, Please see attached draft of the Purchase and Development Agreement tat has been reviewed by our attorney and let me know if you have comments. Also, any status for the items in email below? Thanks. Thi iv S,hi„tt, NA, FRA-RA Bovrl on B t_ (1 ornrl' ni i 1 R-,-,,, . .-»nl rl r=�Fgency 10vE. x fl Ave. ( Bo'yfl rrl Be_..-:;ri, FI_r I,_.. _t5 561-6',0,0-J0`J8 whi tff` bb L s ( http://www.boyntonbeachcra.com America's Gateway to the Gulfstream be `,i ib e.t_to ;I,do_,ii e.�ndler Fl_ I,;a reuordls ( .w, email a,dl s aibli _uon-k. The,,efOre, 1` iir rinai rC,,r1"1r1"1 .vr6 aion aml voi.n e-mail a—hl _�, rn 1 be s 'b,.v_w pi..ibljrv„I�v From: Shutt, Thuy Sent: Monday, October 18, 2021 5:44 PM To: Franck D. Gotsman <gotsman@aol.com> Cc: Utterback, Theresa <UtterbackT@bbfl.us> Subject: Cottage District Purchase and Development Agreement - Post October 12th CRA Board meeting Importance: High Hi, Franck, I just sent the draft to our attorney for review. We should get it back soon. How are the elevations going? I have a couple of questions for you: 1. When do you intend to turn this project over to the HOA? When will the HOA docs be prepared — before the first unit is sold? 2. How will the 1 year Builder's Warranty work? Will you require this of your GC/Builder in their contract? Will this survive the existence of the LLC that Azur will set up for this project? 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Q ' EQ (n > U) _ 0 J w « w z � � U o O Z Qo0 2 — + L) cn w LLJ LU H . LL cn °0' w Q as �a �— Z N � Ly J _ � w0- 0 ~ w �J zV) M 2 � � F- 0 o m 0 CL w U M + V O ~ LU �' w z w QLL `� Z 0 cn 0 Z W , 0 — zLn � � z0 E O � w N 0 0 U J rs w rn LU NO u O w N 00 as 2 cu ULj ` � LU ._ - 4� M N C: �y v ZD �Y �� �}F � 1l)i�t�r3lsl�llltltil ' yr \S NO, t rrsr� t7 �' qp sftJI t � f r E� {st � �a� - k� r (t� k t� r W Qa W 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 Owner: (Please use a separate form for each principallowner) As Principal/Owner of Proposer, I Franck Gotsman (name) hereby affirm I have read the above disclosure, and consent to and authorize the Boynton Beach Community Redevelopment Agency's("BBCRA'J 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. 11.9 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,pastpresent 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: Azur Equities Principal/Owner Name: Franck Gotsman Date of Birth: Nov 8th 1972 Current Home Address: 19707 Turnber[y Waw_ Aventura Florida 33180 Previous Home Address: Email: otSmanfaol.ComPhone#: 305-984-2535 �.. ® Signature:. .....Rate: Oct 1st, 2020 °- Print Name• ra OtSman v OMMU Page 30 of 36 U W Qa W ATTACHMENT"H" AUTHORIZATION TO PERFORM CREDIT CHECK For Proposer(Business EntiWJ: 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. 114 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):_ 74xj, a -as,L.L Current Business Address:.Q?75 NE 191 Slr'ee�-� laC3f� 14ye:L,� rz33� _ Federal Taxx+ID# i1�'�€1 to ` State of Incorporation: FL0kIDA Phone#: Authorized Signature: Date: Oct 21st 2020 Print Name:F IC Ot n Title: I'1aging irtfl ch 0 0- 0 0 "' Page 31 of 36 Ca ,¢as 0 0 U W Qa W 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 formation in your possession regarding the business identified as"proposer". e By: STATE OF FLORIDA , COUNTY OF PALM BEACH THE FOREGOING INSTRUMENT was acknowledgedore me this Wr day of to 2020,by 7iw- 6Z 6a'(3MWa'2 who is personally known to me or who has respectively produced as identification and did not take an oath. Notary PublicI taut 4 Kari Craft Cud's Print Name: ILAt4OTARy PUBLIC Commit Commission No: 6 9I/''�5� (Seal) �( ,r ESTATE G FLORIDA GC,,g11462 My Commission Expires: / + �yxr'�9y� Expires 91912023 Name: iR E irwT �Cl d r"5 Home Address: �/S '.-' � ` r" Home Telephone Number: Business Telephone Number + -765" �q Fax Number: - Date of Birth: ® Professional License Number: n- Proposer(Business)Name: — — v Page 32 of 36 CJ W Qa W ATTACHMENT"P' 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 i0formation in your possession regarding the business identified as"proposer" el By: --- STATE OF FLORIDA COUNTY OF PALM BEACH aw THE OR GOING INSTRUMENT was acknedged before me this 1 day of t ber 2020,by Vali ak Eof;5. nan who is personally known to me or who has respectively produced as identification and did not take an oat . Notary Publi4> t<ari Craft Curtis Print Name: 71s ;s NOTARYPUBLIC FLORIDA Commission No: t�s (Seal) �V!STATE G 911452 yl��CommM GG911d52 My Commission Expires: �1 � ?Z rale Expires 91912023 Name: Home Address: ` q ®yln ` r RA Home Telephone Number: Business Telephone Number: Fax Number: - -- Date of Birth: - 0 Professional License Number: 0 Proposer(Business)Name: 0 v aaa z Page 32 of 36 0 U W Qa W ATTACHMENT 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 fora 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. Azur Equities Pro r ,,r �44ori 7dSignature Franck Gotsman Print Name Managing Partner Title Oct 21 st, 2020 Date �n O 0- 0 -2 t3 Page a 33 of 36 a��sua�,z O 5 i tJ W Qa W ATTACHMENT"K" CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM I certify that A71jr Fquities 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,l certify that proposer complies fully with the above requirements. Ae ® Authorized Signature: E _ Date aCt 21 st, 2020 Q ® Name&Title(yed) rk Gotsman Managing Partner v n�as'swz Page 34 of36 tJ W Qa W 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 EE Yes ❑ No Date Oct 17th,__2020 No.2 X❑ Yes ❑ No Date Oct 17th, 2020 No.3® Yes ❑ No Date OCt 17th, 2020 No.4© Yes ❑ No Date Oct 17th, 2020 No.5® Yes ❑ No Date Oct 17th, 2020 RFP/RFQ INFORMATION WAS OBTAINED FROM: ❑X BBCRA Website ❑ Newspaper Ad ❑ City Hall ❑ Other,please specify: A)Ahorlr, ignature Franck Gotsman Print Name Managing Partner Title ® Oct 21 st 2020 0- 0 Date ." Page 35 of 36 t32 cr�ar�w.,a g L) W Qa W ATTACHMENT"M" CERTIFICATION OF NON-SCRUTINIZED COMPANY AZur ECiuities . 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 Azur Equities Proposer Name By: Franck Gotsman Authorized Representative of Proposer Date: OCt 21 St. 2020 STATE OF i'Z" -o p—j DA COUNTY OF M I AM l- D A De SWORN TO and subscribed before me this 61L day of 20 by 1 r r ( ,r re3 Such person(Notary Public must check applicable box): [Wis personally known to me [ ] produced their current driver license [ ] produced as identification. (NOTARY PUBLIC SEAL) Notary ublic Kart Croft Curtis NOTARY PUBLIC (Printed,Typed or Stamped Name of Notary Public) STATE OF FLORIDA Commfi GG911452 KArei ekar7- Cu27r Expires 919!2023 rn 0 0- 0 0 -2 Page 36 of 36 $ 0 V) 0 L) w a City of Aventura LU r -ec Community Development Department r 19200 West Country Club Drive Aventura,FL 33180 / r J, 305466-8940 Certificate f Use FOLIO: 28-2203-087-0020 BTR NUMBER: SERV2008-0001 FEE: 35 BUSINESS NAME: AZUR EVOLUTION 1 LLC, MAILING ADDRESS: 2875 NE 191 ST 600 AVENTURA, FL 33180 BUSINESS ADDRESS: 2875 NE 191 ST 600 AVENTURA, FL 33180 BUSINESS TYPE. SERVICES/LAND DEVELOPMENT USE SPECIFICS: OFFFICE USE ONLY DATE: 6/26/2020 THIS CERTIFICATE MUST BE POSTED ON PREMISES ca This Certificate of Use confirms that the business use at the address stated above complied with Zoning District and ® parking requirements on the date of certificate issuance. The certificate only becomes applicable upon the issuance of a City of Aventura Local Business Tax Receipt providing there is no change of use or business ownership and no alteration ® or addition to the building or structure. Such changes must be applied for in person at the City of Aventura Community °- Development Department. .v co cityofaventura.com L) W City of Aventura < =Ztt= Community Development Department W "",y 19200 West Country Club Drive Aventura,FL 33150 ►I 305-466-5942 C'�r 8/26/2020 AZUR EVOLUTION 1 LLC 2875 NE 191 ST 500 AVENTURAFL 33180 This is your local Business Tax Receipt for the City of Aventura. Please post in a conspicuous place at the business location to avoid penalty. Do not remit payment as this is not a bill. CITY OF AVENTURA, FLORIDA LOCAL BUSINESS TAX RECEIPT Receipt SERV2008-0001 Expires 9/30/2021 Business Name: AZUR EVOLUTION 1 LLC Location: 2875 NE 191 ST 500 AVENTURA,FL 33180 Recipient Name: AZUR EVOLUTION 1 LLC Description: SERVICES LAND DEVELOPMENT Issue Date: 8/26/2020 Fees Paid: $200 Restrictions: OFFFICE USE ONLY 0 0- 0 0 .v 0 cityofaventura.corn 5 tJ ("Vo i W —D' 1012412620 Detail by Entity Name <w t ' ✓ , x org 1Rd ment of tate 1 Divlaron of Comoratinns 1archBrQs f Search by_EI]lily � Detail by Entity Name Florida Limited Liability Company AZUR EVOLUTION 1,LLC EWng Information Document Number L19000088999 FEIIEIN Number 84-1788216 Date Filed 04101/2019 Effective Date 03127/2019 State FL Status ACTIVE Principal Address 2875 NE 191st St. Suite 600 Aventura,FL 33180 Changed:02/24/2020 Mailing Address 2875 NE 191st St. Suite 600 Aventura,FL 33180 Changed:02/24/2020 Begistered gent Name&Address SMOLER,BRUCE J 2611 HOLLYWOOD BOULEVARD HOLLYWOOD,FL 33020 ggthorized Person 1)Detail Name&Address 0 0- 0 Title MGR AZUR EQUITIES,LLC v 2875 NE 191st St. 0 Suite 600 Aventura,FL 33180 0 Title AMBR searcb.sunbiz.orglInquirylCorparationSearchlSearehResultDemit?inquirytypcEndtyName&eGreeGonType=lnidal&seamliNmneOrder—AZUMOL(MON1 L1900,., 1/2 L tJ ('Vo i w —D, 1012012020 Detail by Entity Name � <w 0 Touret,Sacha 2875 NE 191st St. Suite 800 Aventura,FL 33180 AnnuaLB¢ Report Year Filed Date 2020 02/24/2020 g"MBn I ag 091.4.020--ANNUAL REPORT View image in PDF format 941011 019—Ff ride imAeO ''+. WIity View image in POF format C6 th O 0- 0 O L .�2 O (/a O g7 CQ search.sunbiz.org/inquiry/CorporafonSearch/SemliResuilDetail?inquirytypcEaUtyNmne&direedonTypGlnitial&se=hNomeOrderA7UREVOLUTIONI L1900... 2/2 i tJ ('Vo i w —D 10/20121720 Detail by Entity Namc < <D w i jc9m1�.. r t D m on of Ca 1 Search Reco ds 1 allMh by-EMY-NAMI Detail by Entity Name Florida Limited Liability Company AZUR EQUITIES,LLC Wig,Intormatlon Document Number L14000162367 FENEIN Number 47-2114634 Date Filed 10/17/2014 Effective Date 1 011 7/201 4 State FL Status ACTIVE pal AddMfA 2875 NE 191 st St. Suite 600 Aventura,FL 33180 Changed:03117/2020 Mailing Address 2875 NE 191 st St. Suite 600 Aventura,FL 33180 Changed:03117/2020 ftglj$.�genj Name Address PATRICK VIVIES CPA,PA 4000 Hollywood Blvd Ste 285-5 Hollywood,FL 33021 ca o Address Changed:03/1712020 OAuthorized Egmont fill-921" n' Name&Address v Title Manager °h COHEN,PASCAL 2875 NE 191st St. Suite 600 Aventura,FL 33180 search.sunbiz.mVlnquiry/CorpomtionSc=WSearchResultDctaii?inquirytype=EnutyName&dimcdonType—InitiaidueatchNameofderAZUREQtJMES L14000162... 112 L tJ ('VO i W -D' idt20/2020 Detail by Entity Name � <d Annual Re W Report Year Filed Date 2018 0412512018 ' 2019 0413012019 2020 03117/2020 Document Images 03117120 2 Q_ANNUAL REPORT View image in PDF format QAD2zQ1L--6aNu6LBE= View image in PDF format natasrzoia_ANNUAL E ORT View Image in PDF format 0511!7!2077•-A NUAL REPO T Yew image in PDF format ®4136tzdi8--ANNUALREPORT View image m PDF format t5?my7015—ANNUA REPORT View image in PDF format ttlf 7t a7a_Plorda Llmiteo Liability, View image on POF format C6 th O 0- 0 O L .�2 O V) O g7 CQ searchsunbizorg/laquirylCorpomtionSearchtSearchResultDetail?inquirytype✓EnGtyName&diteedonType=lnitial&searchNameOrderAZUREQUITIESL14dd0162.„ 212 L tJ W Qa W TURNBERRYPLAZA OFFICE BUILDING LEASE By and Between TURNBERRY PLAZA,LTD., a Florida limited partnership, as Landlord, and Azur Evolution 1 LLC a Florida Limited Liability Company as Tenant E 0 0 0- 0 0 .v 0 ® 3495587G.I h L U W Qa W TURNBERRY PLAZA AVENTURA, FLORIDA LEASE SUMMARY Effective Date: Landlord: Turnberry Plaza,Ltd. :: a Florida limited partnership Tenant: Azur Evolution l LLC.,a Florida Limited Liability Company Premises. 3,388 rentable square feet located on the 6th boor of the Building Paragraph 1.1 and more particularly described and outlined by the floor plan attached hereto as Exhibit"A" Building= Turnberry Plaza Paragraph 1.1 2875 NE 191.Street,Suite 600 Aventura FL 33180 Rentable S uaare Foota e of the Buildin 108,330 rentable s oars feet Project: That certain real property more particularly described by the legal Dara a h 1.1 descri tion attached hereto as Exhibit"B" Suite lumber: 600 Tenant's Proportionate Share; 3.12%(3,3881 108,330) Fara ra h 2.1 b 2 Lease Terra. Sixty-Two(62)months Para a —J Lease Commencement Bate. One Month from Lease Execution Para a h 1.2 Rent Commencement Date: Sixty(60)days from the Lease Commencement Date. Para a h Expiration Date: The last day of the complete calendar month that is the 62°d month Paragraph 1.2 from and after the Scheduled Rent Commencement Date Base Rental: For the first year of the Lease Term,the initial Base Rental shall Paragraph 2.1 be$28.00 per rentable square foot based on a triple net basis,plus applicable taxes. )[fess Rental Escalations Commencing on the first anniversary of the Rent Commencement ® Lute, and continuing on each anniversary thereafter, the Base Rental shall increase by three and a half 3.5% er annum. ® Current`year Estimated Operating Expenses: Calendar Year 2019 n- Paragraph 2.1(b) The lease shall be a net lease and tenant shall pay its actual pro •� rata share of all building operating expenses and real estate taxes for each given calendar year throughout the lease term. Such opayments are to be made monthly in advance based on landlord's projection,with a reconciliation of overpayment or underpayment ay at the end of each calendar ear of the lease tens. 74955876.1 h L U W Qa W £�z Such expenses for 2019 are estimated to be $12.00 per rentable Square foot, Permitted Use; General office use ParagrapL3.1 Security Deposit, Tenant shall submit$22,586.67 as a security deposit, which shall Paragraph 2.2 be kept by Landlord for the full duration of the Lease Term. The security deposit must be submitted with Lease prior to Landlord execution. Guarantor: N/A Para °a h 8.15 Landlord's Address for the hailing of Payments. 2875 NE 1911 Street Paragraph 2.1(a) Suite 303 Aventura,Fl.33180 Atte:Pro e Mana er Tenant's Parking: If available,Tenant shall have the right to lease three(3)reserved Paragraph 8.9 parking spaces at the prevailing Parking Hate when parking structure is complete. Tenant shall also have the right to utilize up to six (6) parking spaces in the surface parking area surrounding the Building at no charge. During construction of the neighboring Hotel,parking shall be as follows: Tenant its employees and guests shall be given the right to shuttle and from offsite lot. Tenant shall receive four (4) permanent Valet Stickers at no cost and in addition tenant will receive 20 validation stickers per month to use at their discretion (Free of charge). Additional validations may be purchased at$5 dollars per sticker with management if needed. Tenant's Broker: N/A Para a h 8.2 Tenant's Address for Notices: Azur Evolution 1 LLC: Paragraph 6.1 Turnberry Plaza 2875 NE 191 Street,600 Aventura, FL 33180 Landlord's Address for Notices: Turnberry Plaza Paragraph 6.1 2875 NE 191 Street,Suite 303 Aventura, FL 33180 Attn:Pro erty Mans er 0 Improvement Allowance; See Exhibit C attached hereto 0- 0 n Renewal Option; See Exhibit F attached hereto v Personal Guarantee N/A 0 cu 2 ® 94855876.1 h L C� U W Qa W £�z ' IN WITNESS WHEREOF,the parties have hereunto set their hands and seals the day and year first above written. LANDLORD: WITNESSES: TURNBERRY PLAZA,LTD, a Florida limited partnership By: CJA Holding Corp. a Florida limited liability corporation,its General Partner Pri t Narne: 11�Ily By: acne: Date: -a TENANT: Azar Evolution I LLC., a Florida Limited Liability Company t Name: Bye rn � � � t � ee _ t `_ Title; 'ri t N e: a Date: 1 __ V) 0 0- 0 0 .v V) 0 � I a<9sseat>.� L U W Qa W The undersigned, does hereby execute this joinder for the sole purpose of consenting to the terms and conditions of the escrow provision set forth in Section 2.2 of this Lease. By its execution hereof, Escrow Agent does not make any representations or warranties with respect to any matters set forth in or pertaining to the declaration or undertake any of the obligations or liabilities contained therein. 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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 i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD M EETING OF: November 9, 2021 OLD BUSINESS AGENDAITEM: 16.C. SUBJECT: Discussion and Consideration of Additional Letters of Intent Received for the CRA-Owned Property Located at 211 E. Ocean Avenue SUMMARY: At the July 13, 2021 meeting, the CRA Board accepted the Letter of Intent from Anthony Barber, representing The Barber Family Companies, LLC, and directed staff to issue a 30-day Public Notice of Intent to Dispose/Lease the property in accordance with the CRA's Policy for Processing Letters of I ntent (see Attachments I and 11). On September 14, 2021, the CRA postponed the selection of one of the Letters of Intent (LO I) from the individuals or entities below for the CRA owned property located at 211 E. Ocean Avenue which were submitted as a result of the 30-day Public Notice of Intent to Dispose/Lease the property. The letters submitted did not contain specific information for the Board to make its decision and requested that the proposers submit supplemental information by October 29, 2021 so it may be evaluated by staff in preparation for the November 9, 2021 CRA Board meeting. • Brian Fitzpatrick - Mr. Fitzpatrick proposed to relocate the historic home located on the property to a vacant residential CRA-owned property located at 407 NE 1st Street in order to develop a mixed use development (see Attachment 111) • Florida Technical Consultants (FTC) - FTC proposes to acquire CRA-owned property in order to renovate and adaptively reuse the historic structure as a professional office and Geographic I nformation Systems (G I S)training facility(see Attachment I V) • Dr. Sami Dagher and Mr. Salam Dagher - The owners of 209 E. Ocean Avenue, the adjacent property located west of the subject property, proposed to relocate the existing historic structure so that the two properties may be combined and redeveloped for a new mixed use development consistent with the CRA Plan (see Attachment V) • Ms. Kim Kelly(Hurricane Alley) - Ms. Kelly did not submit her LO in time for the September 14th agenda but spoke at the meeting about her proposal to renovate the historic Magnuson House and relocate Hurricane Alley to the site (see Attachment V I) At the same meeting the Board also directed staff to continue to work with Mr. Anthony Barber of the The Barber Family Companies, LLC and City staff on the development of his concept to arrive at terms for a lease agreement or a purchase and sale agreement for the November 9, 2021 CRA Board meeting. Since the September 14, 2021 meeting, all proposers have withdrawn their LOls (see Attachment VII), except for FTC. It should be noted that Mr. Fitzpatrick's withdrawal letter contains an offer to sell his adjacent property to the north, containing 10 condominium units, for $3.6 Million Dollars. FTC's submitted a letter which is attached as Attachment VI I I in response to the following requested information: • Proposed lease/sale price; • Lease/sale terms; • Lease duration/renewals or closing and development timeline; • Description of the entity and type of business; • Description of the entity's experience; • Description of proposed improvements and costs; • Knowledge that the proposed use is allowed under the City of Boynton Beach codes and regulations; • Feasibility and evidence of financial capacity to complete the proposed improvements; • Conceptual site plan; • Description and amount of funding or financial assistance from the CRA that may be needed to activate the proposed use(s)on the property; and, • Any other information that would be important for the Board to know in the review of the proposal. FTC did not provide a conceptual site plan, detailed proposed improvements, timeline, or costs for a change of use from a previously approved restaurant to a professional office and training center, or evidence of financial capacity to complete the proposed improvements. CRA staff does not recommend the CRA Board entering in a purchase and sale agreement with FTC until the outstanding items are provided. Additionally, the CRA received a request from the The Barber Family Companies, LLC's representative to postpone the agenda item until the December 14, 2021 CRA meeting since they were unable to obtain the critical information from Mr. Barber for the October 29th agenda deadline due to a traffic accident (see Attachment I X). At the November 9, 2021, the Board can consider the following options: Option 1: The CRA Board may choose to select FTC's, Mr. Fitzpatrick's offer to sell the Green Acres Condominiums, or The Barber Family Companies, LLC's LOI and direct the CRA staff and legal counsel to negotiate the terms and conditions of a purchase and sale or lease agreement to be presented at the December 14, 2021 CRA Board meeting. Option 2: The CRA Board may decide to postpone reviewing Letter of Intent until their December 14, 2021 Board meeting. Option 3: The CRA Board may determine that it is in the best interest of the CRA to solicit additional offers and direct 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; or Option 4: The CRA Board may determine that it is in the best interest of the CRA to reject the terms and conditions of the FTC Letter of I ntent and elect not to proceed with any further action. FISCAL IMPACT: To be determined by the Board. CRA P LAN/P ROJ ECT/P ROG RAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: To be determined based on Board discussion. ATTACHMENTS: Description D Attachment I -Aerial Map for 211 E. Ocean and Adjacent Properties D Attachment II -CRA Policy for Processing Letters of Intent D Attachment III - Letter of Intent from Brian Fitzpatrick D Attachment IV - Letter of Intent from Florida Technical Consultants D Attachment V - Letter of Intent from Dr. Sami Dagher and M r. Salam Dagher D Attachment VI - Letter of Intent from Kim Kelly (Hurricane Alley) D Attachment VII - Fitzpatrick Green Acres Condo Offer to Sell and LOI Withdrawal Email Requests D Attachment VIII - FTC LOI Supplemental Information D Attachment IX -The Barber Family, LLC Postponement Request 1. ,- f a cv i tl i i IF 1�- l' lip I l spy i t s- r �t c e 211 Block Site Area 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 August 9, 2021 Thuy Shutt Interim Executive Director Boynton Beach Community Redevelopment Agency 100 E Ocean Ave 4th Floor, Boynton Beach, FI 33435 Re: Notice of Intent to engage in discussions about 211 E Ocean Ave Dear Ms Shutt, I would like to submit an Loi for 211 E Ocean Ave that involves moving the Oscar Magnuson House to 407 Ne 1st Street. The Boynton Beach CRA would retain ownership of 211 E Ocean, to allow development. This could provide important Community benefits, such as workforce housing. I own 2 vacant lots that are adjacent to a vacant lot the CRA owns at 407 Ne 1st St Boynton 33435. 1 propose the CRA, move the Oscar Magnuson house to 407 Ne 15t Street and perform improvements that will be determined. This would be very similar to the situation with the Ruth Jones Cottage, which the CRA moved to 480 E Ocean Ave. I would transfer ownership of my 2 vacant lots to the CRA, the details of which can be worked out later with staff. These 2 lots could be used with 407, to provide parking. While preparations are underway to move the Oscar Magnuson house, development of the combined site can be explored. We have the ability to create a project with exciting community benefits! Florida Technical Consultants, LLC 533East Ocean Avenue Suite O2 Boynton Beach, FL 33435 FZ� ��' Te| (954) 914-8488 FLOPHD^wzHNw^vwSOm ,, vvvvvv.Mtechinc.cono August 18, 2021 Ms. l[huy Shutt Interim Executive Director Boynton Beach CRA 100 East C)oaan Avenue m 4 Floor Boynton Beach FL 33435 Subject: Letter of Intent to Acquire Property 211 East Ocean Avenue Dear Ms. Ghutt, Florida Technical Consultants (FTC) is pleased to provide this Letter of Intent to acquire the historic property at 211 East C)oaan Avenue, Magnuson House. We appreciate you consideration. Florida Technical Consultants is a Civil Engineering firm basad in the Boynton Beach CRA. Our focus is innp|annandn0 Geographic information Systems (GIS) to Municipal Utilities and Public Works Departments. This is a0rovvin0 High-Tech industry which requires specialized training. We currently support Boynton Beach Ud|idSS inOp|SnOSOdO0 Asset yN@O@0SnOSOt. Our iOtSOdOO is to [SStO[S the building and C[S@tS an OffiCS with @ PORCH t[@iOiO0 facility. The building is perfectly suited for this purpose. The City will benefit the FTC p[OpOS@|. * The City wants tO attract High-Tech fi[nOS in the CRA KITCHEN COMMON * yN@iOt@iO historic dSS to the SChOO|hOuSS yNuSSunO and other BATHROOM AREA historic buildings in City * GIS Training Facility I STAIRS TRAINING VVS have attached @ site p|@O dSSC[ibiO0 our vision of the OffiCS/t[@iOiO0 __F ROOM facility. ENTRY FTC Background We have attached a detailed firm profile which gives a detailed description of our staff and current projects. As a summary, we map City facilities in a computer platform and develop applications that allow staff to track facility maintenance. FTC Location VVaare currently located inthe 2nd flood of the Harvey Oyer Building. This is a beautifully maintained historic office in the heart of Downtown Boynton beach. However our time here may be limited as this property may be sold and re-developed. We are interested in Magnuson because: * VVaappreciate the historic aspects of the building * We want to stay in the Boynton CRA In 2018 we visited Magnuson with the CRA and discussed submitting a Letter of Intent. At the time we felt vvawould outgrow the building within 3-5 years so it did not make sense. Since the pandemic, our staff have converted to working remotely. We will no longer need a large office space to work. We will need a meeting location for staff to have bi-weekly progress meetings. The building is perfect for our long term vision. Training Facility At FTC we routinely train our clients in GIS. Most of the training occurs at the client site. In some cases, clients come to the FTC office to get specific training on GIS software. This training requires u instruction, practice and mentorship. w James Barton was an ESRI Authorized Trainer and trained over 75 students through in-class instruction. In order to gain practical experience, x students need to use GIS for many hours stretched over a long period of � , time. Its not something that can be shown once. Another aspect is how to leverage GIS to fit the specific needs of the organization. All utilities have similar goals but have different operating conditions. Training has to be individually r catered to match the organization. This takes time and repetition. a "Al The Magnuson House is perfectly suited , for a training facility. It has 2 Targe rooms for desktops, ample parking and access to local amenities, restaurants. It is very close to the highway. It is also ideal for City staff to access if they participate. The training rooms can be affiliated with the business development objectives of the City through the Cultural Center. FTC is always t looking for local tech savvy residents who are interested in pursuing a career in GIS. Careers in Geographic Information Systems are growing at an incredible rate and will only continue to do so in the future. FTS has proven yrs success in training and developing technicians. We would Tike to recognize and train local .� Boynton residents / high school students who can _ go on to have successful and rewarding careers in GIS. FLORIDA TECHNICAL CONSULTANTS Page 2 of 3 August 18,2021 FTC Proposal for 211 East Ocean Estimate of Cost FTC is an engineering firm familiar with permitting and implementing complicated construction projects. Much of the work can be done by staff who consist of engineers and general contractors. We have not completed a detailed inspection of the property with specialized tradespeople. We are estimating the following values of improvements: Element Cost Electrical $ 25,000 Appraisals HVAC $ 30,000 Tax Year 2020 Roof $ 30 000 Pra° 2<<<e..� F u 552:643 Plumbing $ 25,000 'Land 5 IS11 O:$ 75,000 (� Back Porch $ 30,000 To: all Mar V a11Lle 523� :761 I` ' w Miscellaneous $ 50,000 All values are as of January e st each Total Elements $ 265,000 year t Project Management $ 40,000 Total Cost $ 305,000 * We are assuming the building is structurally sound The estimated cost of improvements exceeds the property value according to the Palm Beach County Property Appraiser. It will be difficult to spend money on the purchase if we intend to renovate the building. If the CRA wants to maintain the historic building, the money is better spent in restoration. FTC is open to the possibility of negotiating with the CRA to determine a solution. Summary FTC is very interested in continuing operating in the Boynton CRA. We believe that converting the Magnuson House into a High-Tech Office / Training Facility is in the best interests of the CRA. Boynton residents will also benefit from access to our training programs. If the CRA Board is in agreement, FTC will perform a detailed property inspection and negotiate a financial plan with the CRA. Should you have any questions, please do not hesitate to contact me at my office at (954) 954-8488 or send me an electronic message at jbarton@fltechinc.com. Respectfully submitted, Nl Flo 'd Technical Consultants Jam Barton, P.E. President FLORIDA TECHNICAL CONSULTANTS Page 3 of 3 August 18,2021 FTC Proposal for 211 East Ocean 211 EAST OCEAN AVENUE 1 PORCH �i KITCHEN/ COMMON BATHROOM AREA STAIRS TRAINING ROOM ENTRY DRIVEWAY Y t SIDEWALK -- �, - ��� feet , 0 50 100 Feet Legend Conceptual Layout Building First Floor Driveway 1st Floor Sidewalk Building Interior Parcel Boundary Not to Scale Florida Technical Consultants 211 EAST OCEAN AVENUE , �i OFFICE 1 OFFICE 2 r -- STAIRS I BATH 2 SUB OFFICES DRIVEWAY Y t SIDEWALK -- �, inch - - 20 feet , 0 50 100 Feet Legend Conceptual Layout Building Second Floor Driveway 2nd Floor Sidewalk Building Interior Parcel Boundary Not to Scale Florida Technical Consultants Florida c Consultants Engineering - GIS - Integration - Training 7 7 RE7"M��Rl rm�P rof 11 e Florida Technical Consultants Florida Technical Consultants, LLC (FTC), a civil engineering firm with a GIS specialization, was founded over six (6)years ago in January of 2014. Based on extensive experience with engineering and construction projects, and as an ESRI Silver Business Partner with an ArcGIS Online Specialty, the Goal of FTC is to provide comprehensive Engineering Information Management through: • Data Compilation and Analysis for Projects and Studies and Master Plans • GIS Data Building, Cleaning and Configuring for Utilities/Public Works/ Management • Implementing data collection and updates by utility staff • Asset management based on condition, maintenance, repair, and customer service data, • Analyzing, compiling, and reporting expenditure information by utility type or service area, • Prioritization of results into a short or long term capital improvement plan, • General GIS Software Training FTC has five full-time staff dedicated to implementing GIS solutions. FTC builds information platforms to support a living Stormwater and Utility Master Planning: • Identify and track problem flood areas and RLAs • Interface with field teams or contractors to verify and clean facilities • Perform analysis and modeling to determine solutions • Coordinate with design and permit engineers • Manage construction information for site quality and reduced risk • Input record drawing data back into the system FTC has developed master plan solutions for City Engineers to track and manage projects with overwhelming numbers including: • Asphalt overlay and condition analysis • Street Signs and Striping • Sidewalks and ADA Ramps • Utility valves, hydrants, manholes, gravity lining These items are easy to manage individually,the solution allows the management of thousands of features. l � t �l4 r � I a y- f# t s' 9vz5�6tad';-�Wktu�xtxw Gesr*' Partner Network ArcGIS orrl ne S,,v,. «�' iltit r'° ,ury 39 RE7implementation Strategy Florida Technical Consultants Creating a robust GIS platform allows for improved Program Management. The elements include: • Data Development and Updates • Operations and Maintenance/Asset Management • Master Planning /Modeling /Studies • CIP Development • Design /Permitting • Construction • Repeat The following graphic shows the GIS data as central to the management workflow. •k. b Data Y� Development All GIS starts with data, which is the basis of all operations. Whatever condition or format the data currently resides, FTC can migrate into a standard GIS platform as a basis for data creation and maintenance. The data must be accurate enough for field teams to use it, and the teams must know how to correct it when they find issues. FTC has extensive experience developing data systems based on:. • ESRI Geodatabases for Water/Sewer/Stormwater • Custom Geodatabases for Vacuum/Electrical/Solid Waste/ Plants Data Collection Correction It is possible to get information from a combination of data sources. The approach is much less expensive than mobilizing to the field. 40 RE7"m���� Florida Technical Consultants 01 � t ii i The FTC process starts with all available data being loaded into GIS. That means that all data is in a central location where everyone has access. If an error is found, it is updated in GIS and corrected. Data sources include: • Existing Digital data • As-Builts • Wall Maps • Staff knowledge of the system 41 rata i As-Built Coop�,r,qty Tracker Corrections can be made to the data based on high resolution aerials. When there are still questions remaining which need field clarification, field teams will be mobilized to collect data directly from the field. FTC will create up inspection tools using ArcGIS Online that field staff can operate from mobile devices. This is a very efficient quality assurance tool. All corrections are used to automatically update the GIS base data. The data Is never lost in notebooks or stuck in peoples' heads. The data can be used to coordinate between departments, permit agencies, consultants, and contractors. Having reliable data saves money in design and construction. Better data reduces risk and promotes organized communications. With lower risk, contractors will provide better pricing knowing there is less chance of unexpected changes. 26 RE7"m���� Florida Technical Consultants ®Y HI 4 E F � s Utility atlas j tl Data Editor a Operations and Maintenance FTC has effectively implemented GIS tools to support field operations. • Applications • Asset Management Field teams can access data and information from mobile devices, saving time, money and increasing efficiency. Since the field staff are so critical to operations, FTC focuses most of our time developing the capacity and capability of these teams. The applications developed are specific to each client, and too numerous to mention. Some examples include: • Map inventory and red-lining corrections • As Built access from mobile devices " t • Water System Operations Tracking o Valve Turning • o Hydrant Maintenance o Meter replacement o Water quality testing o Breaks and Outage Management • Sanitary System o Lift Station Condition Assessment # o Gravity Main Lining o Blockages and Overflows • Stormwater System =-- o Flood areas mapping - 0 3-D Surface modeling o NPDES tracking _st a Topography 27 RE7"m���� Florida Technical Consultants • Public Works o Asphalt condition and overlay analysis o Sidewalk planning and maintenance o ADA management �s • Facilities ,,,, o Treatment Plant Mapping Public Works • Public Facing Applications o Parks 66k qy Atlas o Community Rating System Master Planning/Modeling/Analysis a ,r GIS data is becoming, if not already the standard platform for managing data and performing studies. FTC is proficient at GIS based modeling software for water, sewer, and stormwater. Plat Additional system analysis is available using ESRI built in tools. r"' Management • Water/Sewer/Stormwater Modeling Main Breaks • Heat Mapping Analysis—tracking breaks Active�i Yui#. When different tools are assembled in a common platform, the combination of tools enables a program management capability. Mair Brea � Dashboards are very effective at tracking programs and project status. Leakage Tracking They provide real time information from whatever system they are built for. Managers can review system analytics and intuitively gather ` ,Y Statistics information about a system and use the results for reports or permits. If more information is needed, the data and dashboards �� ������ • "" "°" can be tweaked to provide the data. At this stage it is particularly .... ... important that field teams are trained and operational, as they collect most of the data. Stormwater Maintenance Tracking � E16,02 a r 1 217 1,216 Coil000d 1,551,383 419 C01111e'Cted a ti, Total L m.,Fc�+[uC uvea _.,t rpry. 0 702,913.942 >{ � UA-A-] 1 _285 436.459 �Collectpd A2,2 58,9 r, h 28 RE7"m���� Florida Technical Consultants CIP Development The result of data analysis and studies are ; recommendations for system improvements. GIS can be applied to: • Identify problem areas ' " • asln (' tl tion Gknl Map the location • Perform Site Research with Field Staff n CIP Projects • Develop Capital Improvement Projects «'{� • Track progress of CIPs • Provide CIP total budgets to management through dashboards I` The benefit of a GIS based CIP Platform over a paper report is that the GIS Platform can be updated: • As projects progress tormater • When new issues are identified Program { Management Engineering esi Having good data is crucial for Engineering Design. Having data in GIS is even better. It allows consultants to collaborate with management and make better decisions. The status of engineering projects can be included in the CIP tracking platform. Information from preliminary designs, surveys, and test holes can be brought into GIS to improve the base data. An integrated approach avoids duplication of effort, ensures that data changes are not lost in the plans, and the data is set up for GIS migration at the end of construction. FTC has been using a GIS based design approach for 20 years. Applying GIS facilitates all components of the design cycle, including: • Site Investigation � _ • Report Preparation ! , • Project Planning • Design and Preparation of plans, specifications and contract documents • Permit preparation and review :, • Preparation of schedules • Bid award and evaluations Construction Inspection Sa ices FTC knows that for a construction project to be successful, the CEI Engineer needs to understand the 3 elements: • The project: needs to achieve goals and be of high quality • The client: wants a smooth process with few resident issues • The contractor: wants to complete the project and leave with a profit 29 RE7"m���� Florida Technical Consultants Effective communication is critical to all elements. Inspection services can play a key role in the overall success of the project, as it sits in the front lines between the City and the residents. Resident participation starts at the 30% design stage. Once construction starts, keeping residents informed of disruptions and stopping calls to city officials can ensure success. FTC uses GIS to facilitate communication between all parties. In order to understand the project, FTC will: • Review construction permits needed for a project • Inspect City's underground utilities including water, wastewater and stormwater systems • Perform extensive pre-construction site reviews with documentation using mobile GIS • Inspect roadway construction projects • Inspect building structures • Construction sites erosion and sedimentation control Inspection • Prepare inspection reports and dailies • Read, witness and interpret test results CIm lI sp9­Na rJ ns i 1 i to pE lY ."7•. .y ,I _ ,. . Ii �il}jt During construction FTC will communicate with the client and residents by: • Initial and periodic construction meetings with residents • Providing FTC contacts to residents to take calls • Creating phasing plans and road closure maps for residents, fire, police, busses, trash etc. • Update progress plans in a mobile platform • Respond to resident issues To facilitate contractor progress, FTC will: • Review shop drawings • Set up communication protocol • Understand the project and site conditions • Continually monitor field conditions in advance of the contractor to spot issues • Reply to RFIs immediately • Work with surveyor to track progress • Provide accurate quantities • Close out project quickly and effectively 30 Florida Technical Consultants FTC has completed very large, complicated projects with great success using GIS to facilitate installation progress and disseminating information to key stakeholders. Site Plan Review James Barton spent many years as a plan reviewer for several municipalities including Fort Lauderdale, Lauderdale by the Sea and Coral Springs. GIS greatly facilitates the review process. All relevant data is loaded into a review map which includes • Streets and Addresses • Land Use/Zoning • Infrastructure, water/sewer/stormwater • Jurisdiction boundaries • Flood Zones • Topography (Lidar) During the review process the map can be used to extract relevant information required for review. Distances to facilities are can measured. The maps are available during the review meetings where detailed information can be reviewed including conflicts and potential connection locations. Revenue Generation Using GIS allows for financial data to be reviewed against parcels, aerials and land use maps. Together these data sets allow for financial information to be reviewed. FTC has found several hundred thousand dollars of lost revenue by applying GIS to different clients. If records aren't updated, billing isn't revised, and money is lost. The main areas of revenue validation include: • Stormwater Utility Fees • Tracking meter readings • Florida Department of Revenue a f 4 Water S' F CITY OW l { Analysis llli Lfyii 4 #r9 vpy # Benefits of FTC Approach FTC has the strongest capability of implementing GIS in engineering related departments because: • Focus—We focus on providing these services independent of design • Understanding — We are engineers who have designed and built engineering projects, so we know the people, data and issues • Training — FTC works better when staff have GIS capability, reducing project costs and increasing the value of the system 31 RE7pproach to Project Management Florida Technical Consultants FTC is very pleased to provide our approach to accomplish the scope of services. Over the past 6 years we have been providing GIS services working with over 25 local municipalities with identical needs to Dania Beach, Florida. We have previously provided GIS services to municipalities of similar in size with supporting utility data, building and application development. The key focus areas Include: • Creating and maintaining an infrastructure asset database • Developing tools and applications to manage assets • Empowering field staff to interact with the system through training • Providing monitoring dashboards for management There are many facets to the system which may include Engineering, Public Services, Planning and Zoning. There are components for Dispatch 911, Police and Fire Rescue. FTC can assist with support services, data updates, software upgrades as well as 3rd party software maintenance. Management IMethodology FTC will be responsible for all project coordination and deliverables. It is proposed that services are offered on an hourly basis for typical GIS support services and staff augmentation. In instances where applications are being built, or where large data sets are being updated or corrected, lump sum projects may be preferred. There are benefits to both. Project objectives are best determined through scheduled monthly progress meetings where activities are planned for the upcoming time frame. Monthly Invoices are accompanied by project status reports which reflect the activities of the month and spell out agreed upon objectives with deliverable dates. Staff Augmentation There are times when additional resources are needed for routine maintenance services. FTC will provide staff to work on site or remotely. FTC will be able to sit in with a limited learning curve due to our familiarity with typical government applications and programs. FTC can assist with expanding GIS into other departments by accompanying new programs with training and support to ensure success. Projects FTC can provide advanced GIS analysis tools for resolving engineering issues including: • Completing or updating water/sewer/storm atlases • Master planning and modelling • Special studies • Coordinating information with permit agencies, residents, or commissions • Revenue generation General roar ro osePhases The FTC Team has developed a successful approach to implementing GIS in municipalities. The goal of the program will be to promote the use of GIS throughout the organization. The best results will come from exposing staff to the technology and getting their feedback and buy in. Each assignment will be implemented with the following work-flow: 32 RE7"m���� Florida Technical Consultants o Meet with staff to identify needs o Build data and maps to support needs o Meet with staff to train, review results and identify additional needs During the program the ArcGIS Online platform will be utilized. The GIS structure will be identified, and organization installed. ArcGIS Online will be installed on staff desktops and mobile devices. Staff will be trained on applications. The requirements and costs for an expanded GIS will be developed. Methodology& Program o e s including Quali ssr e The following key components highlight the flexibility in our approach matching your needs. Collect and Assess all available GIS Data • Meet with GIS/ IT/Project Manager • Review and evaluate data • Identify additional data sources required • Identify data update and distribution procedures s, Coordinate Meetings to set up Implementation s • Identify Departments • Identify Key Staff • Identify high value component " • Identify public facing maps t �s Set up Demonstration Projects • Install Organizational Online System << • Create groups based on departments =" and users • Set permissions for viewing and editing • Create Demo maps per department • Create Demo applications based on existing data and past experience Interview Meetings with Departments • Separate interviews per department • Demonstrate capabilities of maps and apps • Gather information on additional needs • Identify key users Staff Training • Set up workstations • Set up mobile devices • Train staff in hands on basic uses • Obtain additional user requirements for long term growth • Identify software and hardware needs Technical GIS Training • Provide GIS technical training on advanced applications with Staff • Coordination with other agencies working with GIS data, County, State, etc 33 FloridaRE7"m���� Technical Consultants Technical Guidance Memos (TGMs) ' For each department intenview, issue guidance memo which outlines ° Department goals ° Staff goals ° Data needs tnsupport the goals ° Review staff capability for data collection and compilation Management Coordination Meeting * Establish GIS coordination between departments through regular management meetings * Review results of department interviews * and TGK8s * Establish and prioritize goals * Determine staffing and budget needs Deliverable and Measurable Results The program deliverables are necessary to recognize goals as being met and define success. Monthly Project Status Reports ° Summary nfTGMs ° Outline Apps created ° Indicate which staff and departments are using applications provided during training ° Additional Data and Apps are Required byDepartments ° Hardware Standards and Software Requirements ° Operational Support Needs (Oata. Apps, Management) ° Staff Development and Training ° Estimates nfTime Frame, Schedule and Project Budget All data and maps created during the Implementation Plan will remain with the Client. |tisassumed: ° The |TDepartment will assist with software and hardware installations ° The Client will provide access to all relevant data, drawings, CAD plans and background information. ° The Client will provide access tnstaff necessary tnresearch data ° The Client will provide access to staff necessary for training * The Client will provide a training location with a strong Internet connection Cost Savings FTC and GC are small local firms with low overheads. Our business model is not to have staff sit in the G|8 Department billing hours. Our goal is to provide high quality sen/ice on a project by project basis with clear goals and de|imsnob|es, work asquickly and efficiently as possible to achieve those gna|s, then mnms on. The same approach will be made on longer term G|8 maintenance projects which sU|| need clear milestones to be successful. 34 ����� FloridaRE7"m���� Technical Consultants Staff Availability FTC has a relationship with our clients such that priority items are prioritized, and other items are scheduled. Since most of the work evolves into staff development and training, the FTC team has flexibility to beavailable for any priority need at1OOY6level. VVecan focus 3staff nnany project tnget |t done. This means, and our clients know that we keep our staffing levels light and costs low. Florida Technical Consultants, LLC. Governmental Entities Client List The FTC OMims Headquarters is located at 533 East Ocean Avenue, Suite # 2. Boynton Beach, FL 33435. All sen/ices will be provided by the Boynton Office or through face to face training at the City Offices. The bulk of data updates will be handled remotely. There are five (5) employees based in Boynton Beach. (2) of which will be performing on-site training. All sahsh/ precautions will be adhered to during meetings and field services. Listed be|nvv are over 20 municipalities where we have or are currently performing sen/ices. It seems nmsnmhe|ming, but due to the nature of the pnngnom, once data sets are built, the work-flow drops down to maintenance and training, which is flexible. This allows us to respond to any deadline if an urgency arises. Cb City Boca Raton, FL— Palm Beach County Cb CitynfBnyntnnBeach. FL— Pa|mBeachCnunty Cb Coral Springs Improvement District (C8|O). FL— BnnvvandCounty Cb CitynfCnnperCity. FL— BnnvvandCnunh/ Cb City of Dania Beach. FL— Bnnvvand County Cb Town of Davie, FL— Bnnvvand County Cb City nfDeerfield Beach, FL— Palm Beach County Cb City of Hallandale Beach. FL— Bnnvvand County Cb Town nfHighland Beach, FL— Palm Beach County Cb City nfMarathon, FL— Monroe County Cb City of Miami Gardens, FL— Miami-Dade Cb City of Miramar, FL—Bnnvvand County Cb City nfNorth Lauderdale, FL— BnnvvandCounty Cb City nfNorth Miami Beach, FL— Miami-Dade County Cb Town nfPalm Beach, FL—Palm Beach County Cb Town nfPalm Beach Shores, FL— Palm Beach County Cb CitynfPembnnkePines. FL—BnnvvandCnunh/ Cb Solid Waste Authority (8VVA). FL—Palm Beach County Cb South Martin Regional Utilities, FL— Palm Beach County Cb Village nfPalm Springs— Palm Beach County Cb Village nf|s|amnnoda— Monroe County 35����� Florida c Consultants Relevant Project Experience 7 Florida Technical Consultants The following list outlines some of our pertinent qualifications. Cooper CiFTC converted the City CAD Atlas to GIS. Systems included water, sewer, and drainage. Michael Bailey, P.E. Geometric networks were set up and run for valve isolation and capacity analysis. Coordinated Utilities Director/City Engineer label hydrants with Fire Dept.Tracked progress of valve turning contractor.ArcGIS Online Appli- 11791 SW 49th Street cations were leve oped, and staff trained to inventory, verify features, and track emergency Cooper City, FL 33330 repairs. Phone: (954)434-5519 Fax#: (954)680-3159 10/10/2014—present—$205,027.50 PRIME mbailey@coopercityfl.org t { ,r. _. E is r ti �r ...� ...,�<,�'�,��t�li�,��S.,r� tom,, � --� !��' i ,.����"�u•- James Barton, P.E., Staff:Teresa Chapman, Marcus Austin, Paula Fonseca&Kelly Conboy South Ion I Utility FTC converted the utility atlas to GIS, including water and sewer. The process was complicated Monica Shaner, P.E., by the existing CAD parcel data being geographically incorrect in some cases necessitating field SMRU Director verification. Mobile apps were created in ArcGIS Online to validate data from the field. 9650 SE Water Street Hobe Sound, FL 33475 5/1/2015—present$113,520.00 PRIME 2 + h�` lio ll �`� } `} i t U ( 3 f1` Phone: (772)-546-6259 1�4 h�}��� s tt '� �� t � ` 3 � � Fax#: (772)546-6378 �ViELL#ilBti mshaner@tji.martln.fl.uS41 41 ' i" VV611 1iF i5' INV ioB Nconrr a 5' s a. . m a i y S �� 6 James Barton, P.E., Staff:Teresa Chapman, Marcus Austin, &Kelly Conboy 8 t Florida Technical Consultants City of MarathonFTC converted City CAD Atlas to GIS. A systems geodatabase had to be created to handle the George Garrett vacuum sewer system. CAD text data was usedto populate geodatabases.ArcGIS Online Appli- Planning Director cations were developed, and the staff was trained to inventory and field verify features. 9805 Overseas Highway Marathon, FL 33050 10/7/2014—present—$339,684.25 PRIME Phone(305)289-4111 Sanitary Collection Map Area 7 IN iiiiiii:il; 11 1 Fax#: (305)289-9834 " x ,�� e � garrettg@cl.marathon.fl.us �� �a,w.� li-, ���.,ri, "'W4 AAAN. eye nn .arc vu.e s'a C?3tli ^.. MW 1` F k kk I �. o.ene� rS�Fa. � Yrh^IJ i !s t .�neanr.wxaxurx.xaavi r; �,a.N,, '".,edctlYl, 1 LI N ra ruwr James Barton, P.E., Staff: Teresa Chapman, Marcus Austin &Kelly Conboy Town PalmFTC converted the CAD Atlas to GIS. Systems included sewer and drainage. CAD text data was Gerry Vazquez used to populate geodatabases. Geodatabases were built to create system profiles and perform Water Resources sewer capacity analysis. ArcGIS Online Applications were developed, and the staff was trained Division Technician to inventory and field verify features. Department of Public Works 951 Old Okeechobee 3/24/2014 present—$135,000 Sub-Consultant Road West Palm Beach, `.—A, FL 33401 nor AUU Phone(561)227-7047 r Fax(561)835-4691 gvazquez@ townofpalmbeach.com Gt i 4 ii i r James Barton, P.E., Staff: Teresa Chapman &Marcus Austin 9 Florida Technical Consultants FTC provided GIS services to the City of Boca Raton Utilities converting Water, Raw Water, City a Utilities Reclaim Water and SewerData from CAD to GIS. The data was migrated into the 10.2 Local En neeTalr Garcia, P.E. Government Model Geodatabase. Geometric networks were set up and run for valve isolation Engineering Manager and capacity analysis. These changes will be presented to ESRI to update the LGIM to support 4101 Glades Road Boca these systems. Raton FL 33431 Phone: (561) 338-7307 1/1/2014—present—$20,000 Sub-Consultant Fax#: (561)447-7416 TGarcia@ci.bocaraton.fl.us ` 1 � I � r � James Barton, P.E., Staff: Teresa Chapman Solid Wasteof Palm FTC converted the Utilities CAD Atlas to GIS as a sub to another firm. Systems included site, Beach County water, sewer, drainage, leachate, electrical, gas well monitoring, water, and drainage. Several Josephine Rudd methods were used to map well monitoring values to visualize trends. FTC is now training SWA GIS Director staff in converting CAD drawings to GIS and maintaining the system. 7501 N. Jog Road West Palm Beach, FL 33412 09/10/2020—present—$5,000 PRIME _ Phone: (561)640-4000egena x 4618 Fax#: (561)640-3400 frudd@swa.org "- Fs hoe nawcs rin _ K nIr Glxvzni .. sAfl m EANllk51i`[.l,b ILFIA!F PAH i h+CS; • 1t§I aUi. Y� � E 4 Z 1 ;1". 1 1 ti [ r sg Gra'itydat­ 'r; w, James Barton, P.E., Staff: Teresa Chapman, Marcus Austin, &Paula Fonseca 10 Florida Technical Consultants City i FTC converted the City CAD Atlas to GIS with another firm. FTC is now field verifying the system Fernando Rodriguez and updating the GIS using highresolution aerials and ArcGIS Online. Systems included water, Public Services Director sewer, and drainage. 1201 Stirling Rd Dania Beach, FL 33004 08/10/2015—present—$110,712.50 PRIME Phone: (954) 924-6808 x 3740 34+C, of Crania Beach d t t rr s t Fax#: (954)923-1109 a �E � � s �f'i �l ufflity AVas frodriguez@daniabeachfl.gov F 601 �i --- , Legend } z ,., rr rr -aww rrrr.w�wwiwwiwMwr James Barton, P.E., Staff: Teresa Chapman &Marcus Austin Town of Davie FTC converted the City CAD Atlas to GIS.ArcGIS Applications were developed,and the staff was Ronald L. Bolton trained to inventory and field verify features. Systems included water and sewer. Utilities Assistant Director 7351 SW 30 Street 09/15/2014—present$360,642.75 PRIME Town of Davie, FL 33314 TOWM OF Phone: (954) 327-3745 DME 4 Fax#: (954) 327-3752 , � � Ronald_Bolton@davie-fl.gov771. � i � s �1 �a James Barton, P.E., Staff: Teresa Chapman, Marcus Austin &Kelley Conboy 11 Florida Technical Consultants Coral Springs FTC provided data setup and training for the CSID to collect and input their data into GIS. Water Improvement Di main breaks were mapped. Density analysis provided replacement prioritization. The training Curt Dwiggins was provided ArcGIS Online field apps and desktop. Supervisor, CSID Coral Springs FL 33071 10/01/15—Present—$40,000 PRIME Phone: (954)796 6608 Fax#: (954)757-4850 CurtD@fladistricts.comffi 4 v � A James Barton, P.E., Staff: Teresa Chapman, Marcus Austin, Paula Fonseca Boynton Beach Utilities FTC created a GIS Data set to support modeling in Potable Water, Sanitary Sewer, Reclaim Waneya Bryant Water and Stormwater. Several sources of existing data were merged and topologically cleaned Manager,Asset for snapping, node creation. Elevations were extracted and used to populate nodes. ArcGIS Management Systems applications were developed, and the staff was trained to inventory and field verify features. City of Boynton Beach 124 E. Woolbright Rd. 12/01/16—Present—$150,000 PRIME Boynton Beach, FL 33435 Phone: (561) 742-6403 ' Fax#: (561)742-6090 I I Bwaneya@bbfl.us ' '> Irer e .4RtxJ F cs;l 'sir,ea" Pil, FdO Vi F wr2ea Took, HP.1p L v r r L Sir D'11 I enws ARa.a�d ! �i QK INUNE rm I: ,.Rsviai srpsa at[ h an[z: ln'tl -. ,anr Fr t,�.lrr, n� lit James Barton, P.E., Staff: Teresa Chapman, Marcus Austin &Kelley Conboy 12 t Florida Technical Consultants Village of TequestaFTC converted the Village Utilities CAD Atlas to GIS. Systems included water and drainage. Brad Gomberg Coordination was done with Martin County and Loxahatchee River District to collect their facilities IT Manager and input them into GIS. Water meters were mapped by geocoding. ArcGIS Online mobile apps 345 Tequesta Drive were created for maintenance crews to validate the information from the field. FTC loaded all data Tequesta, FL 33469 into an asset management system. Phone: (561) 768-0554 Fax#: (561)768-0699 09/10/2015—Present$20,000. PRIME bgomberg@tequesta.org r James Barton, P.E. Staff: Teresa Chapman &Kelley Conboy Village of Wellington FTC created a GIS Data set to support Potable Water, Sanitary Sewer and Reclaim Water. Field Bradley Wolak P.E. apps were created to find valves and track repairs. Over 2500 valves were mapped within three Assistant Director Utilities (3)months.Additional tools were built to track Lift Station CIP Rehabilitation Status. Dashboards 12133 Ken Adams Way were created to track field operations in real time. Wellington, FL 33414 Phone: (561) 753-2480 10/01/17—Present-$118,165.00 PRIME Fax#: (561) 791-4045 - - -- - {1Yi ITc bwolak@wellingtonfl.gov t f+cTr.k 1.h 56aUa Y.IW 3•Frgdarn ) (. u.-tl � I ,•. i tura - �: s OMO t 0- — Lift Smti­CAP 9A-n James Barton, P.E. Staff: Teresa Chapman, Marcus Austin &Kelley Conboy 13 Florida Technical Consultants XEMA Mitigation Best Practices Pilot Project Enhances Efficiency in Substantial Damage Estimations MARATHON, FL- When impacted by disasters, all communities participating in the National Flood Insurance Program (NFIP) are required to determine whether damage to structures reaches a 50 percent or greater threshold. K" 45 The Federal Emergency Management Agency's (FEMA) Substantial Damage Estimator (SOE)tool is often used to make these estimates. However, Marathon, Florida has devised a method using a Geographic Information System (GIS) digital database with the damage fields from FEMA's SOE tool to generate another effective way of reporting substantial damage information. "Our system links assessors tax parcel numbers, address information, aerial four-dimensional photos Cody Ward, City of Marathon Code Enforcer, points to a (both pre-and post-disaster) and permit information. It particula y hard-hit neighborhood from Hurricane Irma,while Senior Planner Brian Shea validates information (n field(- gives us the advantage of using the software in the field Pad during discussion with Project Consultant, Marcus and communicating interactively with people in the Austin.Photo by.Bret GatesfEMA office," said George Garrett, Marathon's assistant city manager. "What we can see in GIS also allows us to gather much information without making a field visit." Garrett described the process used before the GIS. The field phase had three or four teams, including a community code enforcement member or city planner and a FEMA eITI)Ioyee. The city staffer had iPads pre-loaded with the SOE tool and an aerial photo of the damaged structure. The city staffer/driver took a picture ofthe damaged building and provided the property number to the FEMA team member,who v-.ould use printed SOE forms to make an assessment,while the city staffer made a determination of Not Affected, Affected, Major Damage or Totally Destroyed.A red dot was used to indicate structures evaluated and green for those to be evaluated. According to Garrett. data entries were live. As field and office staff had the same information,there was no overlap in entry. The team returned to City Hall to compare information. The city copied the paper SOE forms and FEMA staff entered the assessments into the SOE tool. lAtlen completed, FEMA exported the SOE assessments to the city to add to the GIS database.The city then combined the FEMA SOE data with their own assessments for quality control and review. The GIS was Marathon's solution for a more accurate and efficient assessment method. The city hired a civil engineer, James Barton, as a technical consultant to oversee expedited property damage assessments so citizens could make prudent rebuilding decisions. "The city mapped all the buildings and posted them online, so they can be accessed by field crews,"said Barton. "Using GIS made it viable for the city to access data from the field and make changes, use pictometry to review damage from high resolution oblique imagery, access county parcel data and edit data in the cloud and review progress." Barton noted that the FEMA forms were entered into the Damage Estimator with the parcel identity or address. Each form includes location information, so it can be linked to the GIS and mapped. It also a I I o= field teams to http://www.fema.gov/mitigation-best-practices-portfolio 36 Florida Technical Consultants FEMA Mitigation Best Practices review data spatially and quickly respond to questions on why some properties were badly damaged v.hile others had mnor damage. Spatial patterns emerged providing 9reater insight about l I� the damage. , S Merging GIS with the SOE proved beneficial. Field crews can `I accurately determine a building's location. Parcel IDs were identified on the mobile device and added to FEMA's field forms. Field crews can easily identify areas previously visited by other _ teams, eliminating duplicate visits to sites and areas under review. It is the city's responsibility to make substantial damage determinations and inform building owners, via letter, of the damage assessments. Owners may dispute the assessments or George Garrett, Deputy City Manager&Planning Director, led the damage assessment process of alternatively bring the building into compliance with current codes, receiving"live"assessments as they occurred m including mitigation measures such as elevation, demolition and the field.Photo by:Bret GatesIFEMA acquisition. Participating communities in the NFIP must determine whether the damage can be categorized as Substantial Damage. This applies to a structure located in a Special Flood Hazard Area (SFHA). Similarly, improvements to structures located in a SFHA must be evaluated to determine if they meet the criteria for Substantial Improvement. These may include rehabilitation, remodeling and lateral or vertical additions. Check with the local jurisdiction on additional requirements for Substantial Damage and Substantial Improvement requirements. For additional information, visit: • www.ci.marathon.fl.us/ • www.fema.gov/media-library/assets/documents/18692 http://www.fema.gov/mitigation-best-practices-portfolio 37 Florida c Consultants Team Qualifications 14 RE7"m���� Florida Technical Consultants KEY PERSONNEL FTC has a staff of highly qualified GIS personnel with experience implementing GIS into Utilities. The team understands the importance of training the City Staff to use GIS. To this end, they all have resumes, which include extensive training. This local expertise is not available in other firms. The combination of a small team developing City Staff makes the approach very economical. We highly recommend discussing our staff with our references. James Barton P.E. President James is the primary project contact and will provide all project management functions, program development, GIS utility data builds, and on- site training. James has thebackground experience to cover all program components with 20 years of experience in engineering design and project management of water, sanitation, and Stormwater programs, including water resources, infrastructure rehabilitation, and GIS G implementation, environmental engineering, utilities, and road construction. Mr. Barton has routinely integrated GIS technology with engineering, developing software tools to assist in system modeling, design and construction administration. Since becoming an ESRI Authorized Trainer in 2003, he has provided training to over 75 students in various organizations and disciplines. His specialty is training for people specializing in utilities, public works, and engineering but has trained fire, police, and city and county administrations. Teresa Project Manager Teresa Chapman received her Bachelor of Science in Engineering and has over five years of engineering experience and GIS implementation. In her capacity as Project Manager, Mrs. Chapman has utilized GIS in real-world engineering situations to improve information management and decision support for both Clients and Engineers. She supports the data collection, tracking, and analysis functions of her team for multiple municipalities. Mrs. Chapman has performed utility design, permitting, bidding assistance, and construction administration services throughout her career. She has experience in water resources, sanitary sewer systems infrastructure rehabilitation, utilities, and road construction, and she continues to expand her knowledge base. Mrs. Chapman is well respected and is active in both the Engineering and GIS community. She sits on the Board for the American Society of Civil Engineers. She also serves on the Board for the Palm Beach Countrywide Forum, which plans an annual GIS Expo in Palm Beach County. 11 RE7"m���� Florida Technical Consultants Marcus Austin, GC, General Contractor- Director of Fielder do s Marcus is an expert in utility infrastructure, having managed construction programs for several municipalities worth over 100 million dollars during the past 25 years. He uses GIS to manage construction and assess the condition of infrastructure. His primary focus will be working with field teams to grow the use of GIS in the organization. Paula A. Fonseca, P.E., Senior Engineer Paula is a civil engineering graduate of Florida Atlantic University with over 10 years of experience. She serves as a senior engineer and project manager in the Boynton office, and is also the primary hydraulic modeler for the firm. She has performed and overseen design work using AutoCAD, GIS and InfoWater 8.1v. Ms. Fonseca has worked on various utility improvement projects for the Cities, Counties and other Municipalities' including water main, force main, directional drills, aerial crossings, and hydraulic modeling; neighborhood improvement projects, utility coordination projects for Utility Districts, including water and sewer designs and permitting, as well as multiple hydraulic modeling and master planning projects. Kelley Conboy, Junior Environmental Engineer- GIS Analyst Kelley Conboy has over 3.5 years of engineering experience and GIS Implementation and 2 years of wastewater plant process experience. Ms. Conboy `} has been implementing the use of GIS into various academic design projects in �. both her undergraduate and graduate studies. Ms. Conboy has utilized GIS in real- world engineering situations to improve information management and decision support for both the Client and Engineers. 12 James LEEDAP Barton, .' Florida Technical Consultants y� Education Mr. Barton has over 20 years of engineering Bachelor of Science, experience both internationally and domestically. The Civil Engineering, main focus of his international experience includes Queens University engineering design and project management of water (Canada), 1990 and sanitation programs, Including water resources, f. infrastructure rehabilitation and GIS implementation. Registration His domestic experience includes construction. Mr. Barton routinely integrates GIS technology with Professional Engineer, engineering. Florida, 59257, 2003 He is working with ESRI developing software tools to assist in detail design and is experience with implementing GIS/ GPS for construction field Professional Affiliations inspection. He is currently studying towards a American Society of Civil Engineers Certificate in Inte-grated Watershed Management and American Water Works Association a Certificate in Visual Planning (GIS Technology). Florida Engineering Society He has been using GIS in engineering since 1999 Urban and Regional Information Systems and became an ESRI Authorized Trainer in 2003. Association(URISA) Since then, he has provided training to over 75 students in various organizations and disciplines. His Certifications specialty is training for people specializing in utilities, public works and engineering, but he has also trained ESRI Authorized Trainer fire, police and administration. LEED Accredited Professional He started using GIS in his day-to-day activities Mr. Barton has provided training to: for simple outputs such as construction maps for ® Chen and Associates, 2004, 2005 contrac-tors and public information campaigns. ® Islamorada, Village of Islands, 2005 This led to using GIS for permit maps, analysis ® City of Sunrise, 2006•City of Marathon, and project planning for proposals and finally 2006, 2009 design projects. In 2004, he started working with ® Monroe County Property Appraisers ESRI developing GIS tools that could be used for Office, 2006 detailed design and transferring data out of and ® Wantman Group, 2007 into the CAD environment. ® Florida Keys Aqueduct Authority, 2007 ® City of Dania Beach, 2007 These tools have been presented at numerous ® City of Miami Gardens, 2009 conferences and user group meetings. One of the ® Coral Springs Utilities 2011 latest developments is linking design tools with ® Highland Beach 2015 existing LIDAR data. This allows for conceptual ® Town of Davie 2015 design with real elevations without the survey, taking ® Coral Springs Improvement District 2016 survey out of the critical path of project planning. Mr. Barton also founded the Florida Utility User Group, which works on integrating GIS technology into engineering. The group currently has over 300 members. 14 t Florida Technical Consultants James Barton Professional Licenses and Certifications Florida Technical Consultants is an authorized Professional Engineering firm in the State of Florida and Certified Small Business in Palm Beach County. James Barton PE is a registered Professional Engineer in the state of Florida. dbprj, STATE OF FLORIDA ( OEPARTM ENT OF OUSINE554AN PROFESSIONAL STOREGULATION srARL�a� aFNA�NGINEORS ry�yJ a LI TO KHtC E+tc�MFf Wh+4='Rv N4'%'S' 7 4i FJ2 4lrk Ft iA �+ ,T4 N'Y rER �ANAGENIE1'4,,.T t-ln Vkevi5HO"Sof )-taaT` 474 F�,4Aa�f+S'��4Tu3 G5 '�} INSPECTOR�p� -��'g�. N ` 'A FLORID ,', �, 9Mu�r dars,Lie y t uY�Ira' 11",.ar3,v"[ a h,c Fd p A,kw,,k v�slea t ( 5 �r 1 aaFur�B 4s t `, �la€nfcYLtteXaes G5w4ab �, r s r�L tis �I t i ur s tz uvb,kdI v t I 1 01r01ff I gxranrarrrar%s,TT.,smaur�r i L 1,0,t r ry it e+r ,13Fi a srri51 n r I f sav,t ,o.ar`fq Grnaj<r,.,t r sent n,+hr.+rto 3i J xWN K3 tl IdVW" STATEOFFLORUOA OEPARMENT OF BUSINESS AFJO PROFESSIONAL REGULATION aOARDOF01kOF $7'ONAi. k7Cr3NEER'S .9',.,,i r eaav7Fess�nalv.r s p=r Stu aRgti�are U1313 a ++kavi§i sra'+n+vs nF��aaq'Lu'�rvusrzravUU uGOO GREEN BUILDING CERTIFICATION INSTITUTE James, Barton wilny James Barton created the Florida Utility User Group, which \\las has regular open meetings where new developments and " applications are discussed. cAnnPartner Network FTC is a Silver Tier ESRI Partner. ESRI recognizes FT as a firm that actively promotes GIS to the community. ArcGIS OnlineFTC is an Online Specialty Partner. FTC has advanced skills 3,,'s�'114;r''\ implementing 9 y• in im lementin ArcGIS Online for increasing field mobility. J {zap.«, Please see the attached FEMA Mitigation Best Practices article showing the Florida Technical Consultants, Inc. Project Consultant, Marcus Austin, G.C., and Director of Field Operations with FTC was working with Marathon Officials to assist with Hurricane aftermath using GIS services. 15 Teresa Chapman Florida Technical Consultants Education Bachelor of Science, Ocean Engineering Boynton ear Utilities Florida Atlantic Universi- Responsible for creating GIS Datasets to support ty 2010 modeling in potable water, sanitary sewer, reclaimed �I+ water, and stormwater. Several sources of existing ° Professional data were merged and topologically cleaned for snap- A ��� { � tAffiliations ping, node creation. Elevations were extracted and American Public Works used to populate nodes. ArcGIS applications were developed to identify routine procedures to improve Association efficiency. Dashboard applications were created to American Society of provide management with real-time progress track- Civil Engineers ing. Staff was trained to inventory and field verify Florida Engineering Society features. International Propeller Club of the United States Cooper City Palm Beach Countywide GIS Forum Created data tracking applications for Public Works Certifications and Utilities Department, which include Asphalt Res- toration per year, Sidewalk Replacement per year, InfoWater Training Certificate LED Street Light Upgrades. Water, Sewer, and Stormwater Management Inspector Stormwater systems were also converted from the MOT city CAD Atlas to GIS. Teresa Chapman has over five years of engiSouth Martin Regional Utility - neering experience and GIS Implementation. Installation of new water systems in local neighbor- Mrs. Chapman has performed utility design, hoods, which included design, permitting, construc- permitting, bidding assistance, and construction tion administration, shop drawing review, RFI administration services throughout her career. inspections, and construction certifica- res responses, ins She has experience in water resources, sanitary p p sewer systems, infrastructure rehabilitation, tion. Converted the entire utility atlas to GIS, including utilities, and road construction. Water and Sewer systems. Translated an existing PDF asbuilt tracking system to GIS, which could be Mrs. Chapman has utilized GIS in real-world accessed remotely, were merged and topologically engineering situations to improve information cleaned for snapping, node creation. Elevations were management and decision support for both the extracted and used to populate nodes. ArcGIS appli- Client and Engineers. She has performed data cations were developed, and the staff was trained to collection, tracking, and analysis for multiple inventory and field verify features. Trained and work municipalities. Her experience in the engineer- closely with Staff to perform utility updates for all utility ing field assists with her ability to understand the data sets. client's needs and give practical solutions. Town of Palm Beach Mrs. Chapman is active in both the Engineering Involved in numerous utility design, permitting, and GIS community. She has served on the construction services, and GIS projects for the Town. American Public Works Association Board for Utility projects includeWater and Drainage systems. both the Gold and Treasure Coast Branches. Directly worked with Public Works Staff to inventory She currently serves on the Board for the Ameri- data and built datasets for tracking and public can Society of Civil Engineers. She currently outreach. Worked closely with the GIS department to serves on the Board for the Palm Beach County- develop best practices, applications, and training for wide GIS Forum, which plans an annual GIS various departments around the Town utilizing GIS Expo in Palm Beach County. data. 16 Florida Technical Consultants Teresa Chapman Certificates rte cate o f 1.01:10 n. This.award ifta�*at Teresa Chapm,a i has:eamPd sPDH Cream or 15 CIEUIsfor t4rn0164an of 04 tm y OU1,14 WI Environmental ProtectionNovember 94•4� 0111 Inti A o�dv� ilff;W v IntoWWater Qk5,inbvtoft Modedirig Teiirmnol OPUM PDH owfit.hdyr t re+fi ,eualh hsl�+adi�� 1 d� �asPMc."r 6441r i-q kmgrk which is defilMNI",ac�hr��t�A�m�ds,� r?B,I�c��n�nki�°�aea�r�rl�ut�� tk��is�ra�J�'�s1f�t�a�9i�+�u�aL�u a€q'r� rr€'Ytraasrf��i 'i�i�m, w .0 m,v .=ra.^. ,,: 6E£P if LARILT 6✓redK d Iy�P. "rra:,y,�lar�r� .. �M1bLatis}daE�4TkL Y�]Yi�°7x"$➢) . ...[.,.... !r. 3'e( nr4n x"`iSwF,ni-ia � na�.�i_eadva+�i 4•{..E'srF€ktlgM'. t ANN: Tervia,M[11% �m,t su,�€ tett kearrzvew.m.ya �u m,,.,,s,.sw�„rm � 1 A p yy 1# y STORNOVXf ER MANAGE, iT icate of Completion Certifi Tara&a l_.Chapman Ttra.s,a Mills is i a, i " Har.Completed a Florida Dopa-tune t of Transpofthon Approved MMnienance of TmffVc(MOTS Advanced I-' JkI4 11 44, ft Ta I t AM,A,51-�!" ni. ,,A,:,uR 17 Marcus Thaddeus Austin, LEED AP GC, Florida Technical Consultants d' ?tits Education Experience Associate of Science, Civil /Architectural - t I Improvements, Engineering, Hudson Broward County, Valley Community College, 1987 Project to prepare the 2000 linear feet watermain design for Broward County. This project was Registration designed in conjunction with the City of Pompano " l General Contractor's Beach NC2-1 drainage improvements which were License, Florida, also designed by CMA. The project was completed w. 1506546, 2003 in fall 2013. Mr. Austin brought 29 years of design and development experience In South Florida to BCWWS NRWWTP Facilities, Florida technical Consultants as the Director Broward Field Services and project coordinator. He was ® involved in both vertical and horizontal projects, CMA preparedupdated atlas information for with a construction value of over $167 million. the NRWWTP to bring system documentation These projects included the Broadview Park up to date. Neighborhood Improvement Projects and various civil engineering projects for municipalities such Broward County PS310 as the City of Coral Springs, Pompano Beach and Ft. Lauderdale. Other building projects include Fire Station 80 for Coral Springs, Construction Mana ement Services, completed in 2010 was one of the first "Green" Ft Lauderdale, A! LEED-certified buildings in south Florida. Providing construction management services, including daily inspections on Broward County He obtained his General Contractor's License in Master Pump Station 310 for civil, struc-tural, 2003, expanding the firm's construction mechanical, electrical, plumbing, emergency power management capabilities which included project generation and architectural work. Daily reports management for building construction projects describing the work that was performed and design builds for infrastructure systems. including pictures and any issues that arose Mr. Austin holds a Water Distribution Level 2 each day were a key element for the overall certification, is a certified NPDES and OSHA management of the project. This project Training instructor and teaches these replaced and upgraded the existing Master Lift courses throughout the State of Florida. Station 310 that was located just east of 1-95 and south of SW 42 Street,which conveyed Regional Wastewater Treatment Plant. This wastewater from the Fort Lauderdale project included reviewing and verifying existing International airport and portions of Dania paper as-built drawings for all processes within Beach to the Hollywood treatment plant. the treatment plant and creating a comprehensive as-built drawing in AutoCAD format as well as a Hurricane Irma-Disaster Response schematic of the plant's systems. Re- The process included geo-referencing as-built, covery, Marathon, FL The project involved the design, utilization of subsurface utility engineering (SUE) permitting, and construction administration softdigs to locate the precise locations of the services for the All Aboard Florida Ft. existing utilities and then to correct the final e project in Lauderdale Station. Th drawings. The resultant product is the most accu- Downtown Ft. Laudeda h between W. rate representation of subsurface utilities ever Broward Blvd., NW 4th Streets. This project is presented for the NRWWTP, assisting in the future design and construction decisions. one Inline Station for the overall All Aboard Additionally, the individual process diagrams were Florida Rail Project, which proposes updated and reprinted for ease of the Plant passenger rail service from Miami to Orlando. Operators. 18 Florida Technical ConsultantMarcus Austin s Stormwater Management Instructor Certificate t .. A" A ws has swet� �a€llq e�q�t Aruqrrir�plaeli� ram °�s:s�` to ail, � I I11stnicCor rtbr the I'1or ida Stomiwater,vs:rotsiorl, and ed3rt,eatratt<��m C0111r(�] >InsNctor Oita]i I waficin Gnificaw Program, INSTIEII(('I`tttt 4 242 V r Halton K.1 4"ar.f Date of coot llC` u � �t����W�d!!'dAR611IA��.'Kd{Nri�k�F'�1t+Lir- tl'�°p'eaw�p.BM Marcus Austin - GC Certificate e` VS m f t State of bride �a Department usin and Professional ion iN rPrwrinr^are hco wb r coifle.'s Your Marcus Thaddeus Austin AW.N jWCLV,'(kfal5° Cortadleirmia n g i i General Contractor Examina(ion '.. 1!24L nn-L�ALQECr"3 thU.JE i=-r rt Y(IO"26�ilHU ,7 illi,HAVIN.k.4011.011Aiys"IaYL ll.9, 19 Fonseca,Paula A Senior Engineer ®y Florida Technical Consultants �lEducation Paula provided services to update Palm Beach Coun- "'$` Bachelor of Science, ty's' existing potable water hydraulic model in InfoWa- Civil Engineering, Flori- ter software. This modeling effort included the da Atlantic University, revision and update of the current physical and oper- 2008 ating conditions, system calibration, and evaluation of existing and future demands. Physical conditions to be updated as part of the scope included piping layout, system controls and water demand projec- Registration tions. The updated model will be used to determine Professional Engineer, the adequacy of the system in relation to fire flow, Florida, 77711, 2014 meeting future demand and water age. Paula performed data review and investigation, potable water model update, model calibration, potable water Professional Affiliations model evaluation, and completed a technical memo- American Society of Civil Engineers randum. Certifications City of Marqate Stormwater Management Inspector ESRI Creating and Editing Geodatabase TopoloForce Mal n draulic Model to Support - gy with ArcGIS Desktop (forArcEditor and ArclnEast WWTP UpIgrade - fo) Paula provided services to evaluate the existing force ESRI Working with Map Algebra main hydraulic model with the end goal of determin- InfoWater modeler ing total flow capacity that can be routed to the East InfoWater Training Certificate Wastewater Treatment Plant (WWTP) under existing ESRI 3D Analysis of Surfaces and Features or proposed force main modifications. The existing Using ArcGIS 10 force main hydraulic model was originally developed in 2008 using the InfoWater software and was partial- ly updated in 2016. ASCE Young Engineer of the Year 2014 Paula Fonseca, P.E. is a civil engineering graduCitr of North Lauderdale - ate of Florida Atlantic University with over 10 Lif Station & Force Main Analysis. years of experience. She serves as a senior Paula provided engineering services to develop a engineer and project manager in the Boynton hydraulic model for the City of North Lauderdale office, and is also the primary hydraulic modeler forcemain network. The hydraulic model will be used for the firm. She has performed and overseen to analyze the flow conditions within the forcemain design work using AutoCAD, GIS and InfoWater network under various lift station operating conditions 8.1v. Ms. Fonseca has worked on various utility and to identify potential modifications to the lift improvement projects for the City of Margate stations. Modification will improve the system's including water main, force main, directional efficiency and decrease operational and maintenance drills, aerial crossings, and hydraulic modeling; costs. Modeling of the City's infrastructure will entail neighborhood improvement projects for Broward analysis of approximately 11 miles of forcemain infra- County, utility coordination projects for Riviera structure and 28 lift station stations. Beach Utility District, including water and sewer designs and permitting, as well as multiple City of Coconut Creek hydraulic modeling and master planning projects Water Quality Modeling. for Palm Beach County Water Utilities Depart- Paula provided support to update the City of Coconut ment. Creek existing water model. The project includes adding water quality components and model Project Experience proposed improvements for the City's consideration Palm Beach Coun for implementation. Services include converting the Potable Water �1 draulic Model existing model into InfoWater V8.1 by Innovyze, Update with PBCW6D updating the model to current conditions and outlining the updates made to the model. 20 Florida Technical Consultants Paula Fonseca Certificates I Ron DeSantis,Governor Halsey Beshears,Secretary dbpr S r w ' STATE OF FLORIDA DEPARTMENT OF BUSINESS,AND PROFESSIONAL REGULATION A4�T y BOARD OtylOhlNGINEERS THE PROFESSI5N1 1 i*lGt :` 2 [ �� � 1 4,UNDER THE PROVISd ,tF rHXfi � 471,gbh STP TUTES } Ao, 1�"I "N' �k 10M, �rrr tx v IlRN 4 ka �IrEI;tS —11"O"' P EXPIRATION DE ��RlJA28,202i Always verify licenses online at My Florida License.com i 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. ■ 7 21 Kelley Conboy Florida Technical Consultants Education Pro ect Experience Bachelor of Science, Environmental Engineering Boynton Beach Utilities Florida Atlantic University Responsible for creating GIS Datasets to support 2018 modeling in potable water, sanitary sewer, reclaimed water, and stormwater. Several sources of existing rProfessionaldata were merged and topologically cleaned for snap- Affiliations ping, node creation. Elevations were extracted and American Water Works used to populate nodes. ArcGIS applications were Association developed to identify routine procedures to improve c American Society of efficiency. Dashboard applications were created to Civil Engineers provide management with realtime progress tracking. Staff was trained to inventory and field verify features. Certifications South Martin Regional Utility Stormwater Management Inspector Converted the entire utility atlas to GIS, including Water and Sewer systems. Translated an existing Kelley Conboy has over 3.5 years of engineering PDF as-built tracking system to GIS, which could be experience and GIS Implementation and 2 years accessed remotely. were merged and topologically of wastewater plant process experience. Ms. cleaned for snapping, node creation. Elevations were Conboy has been implementing the use of GIS extracted and used to populate nodes. ArcGIS appli- into various academic design projects in both cations were developed, and the staff was trained to her undergraduate and graduate studies. inventory and field verify features. Trained and work closely with Staff to perform utility updates for all utility Ms. Conboy has utilized GIS in real-world engi- data sets. neering situations to improve information man- agement and decision support for both the Client City of Westlake and Engineers. She has performed data collec- Working closely with City staff, lawyers, developers, tion, tracking, and analysis for multiple munici- and field staff to manage plats as they are recorded palities. Her experience in the engineering field with the Property Appraiser office. Creating an assists with her ability to understand the client's addressing scheme for City following Palm Beach needs and give practical solutions. County's addressing methods. Converting CAD data of utilities to a GIS database. Ms. Conboy is active in the academic, engineer- ing, and GIS community. She has served on the American Water Works Association Board for Florida Atlantic University Chapter. She currently involved with the American Society of Civil Engi- neers both at Florida Atlantic University and the Palm Beach Branch. 22 Florida Technical Consultants Kelley Conboy Certificates k , Department of Environmental Protection t 2,600 81,mr Burne Road.M.S.3565 rbmahassea,Fjo6da 32 4 2 400 Con�ratulatlorvi con,14ccei4 llytSrmplef4:rtgg dw 191korid;i Siorir wowr Erosion and Sedifnenitation Control,Inspector TTr,aflrlIJV 'rzk,aacrt7,E. r' zttlt= 6PIlre i;at�:.Vocir Imnidpar ton i:n amid su ccos,frtl t oittpkijrart L'rf ilii,,wrirse, 1.t oix 1172tt 1t hais hfe,lped esu io ix iter understandFlorida's stt,raltwater pretL cnis natal 11W ilr79,tMV`JJ wt Of I�ro4m r des igta;consin.ja m,aril r:,airttetat,lar C;IE'pro;ia_�l7,aratl te,faai:s a a k:c,tai:r,,li;di,rit ki � 6 � rile rt-trr,e,F i.'4r.IJ,Fri and maintcriwiLe eil mr,o`416a`aters«gsienis l'.Eto" GrrS tttld."ilc5rt 4s 4"t5rnlrFl&wj.. Atut«hed you anrall Yu nal y=i;ttrr minnrEaircrd{'zrlrand w"alkem.card, plct ase Ict r7w know if dik=;rr:xty,cnvws is it4 ct;nEflc ate(- t atran, s`tr ira il'r a tEEii rFr w grit e. artr:.I 1 ti,�rt b o furtheras,-si i-wince.Ealem JL)not hc,.,dtrile to Con uaci nick Oat 00/245-SQ or vi eerwi,i; 6aako n,l"nsford(Ode r,q.Aie.fl.us.. DEPARTMENT OF ,.4`Eit"' 4'srIE 3'hr STOR 'TERER034ONANDSEDIMENTATION Wkt8OL I EIf rrdi ft ^���NIErr",derrs7nl�i�,3ra��a�.APT 53 � ll�rw �11� Clp ' I.,aanutrni, FL 33462 00o Tow Ini o(w Naa Baer 'Ip FOY?s"3019 4272011 QU ALMED ST4,7RMWATER NMA0E Z'e?lNW'%IUQfR CURRENTLY OM NOI F-XP14M , r QUALIFIED A INSPECTOR Kelleyb has u=ss u1� x E ill r 9r rli atitcru �'r1� �� i rd I l K the Flofida Mparummt of EavironmenWdr teCti n Stormwaler Erosion finded r entation Control Inspectorrajnia Program es `s Stateuride T`raaas� arr Irs tor P 1 rrF r rra r irtts,tr for a„q 4 - t , rn 23 99U-'00L-W9 L 9g' 5£1rC£ Ij 4oea8 uo;wto8 p^I8 ;sojoeaS 4jnoS 6OIPZ sjo;sanu! ue000 3 60Z J,ggb(] I Melee (ivy Jay6e(i I !wes '�[lajaou!S •uol;ejaplsuoo jnoA alepajdde aM 'AllunVoddo s14; ssnoslp jeq:pn; pue Meads o; A;lunpoddo ay; aneq am 1841 pue 6u1199w pjeo8 yao GZpZ 'trl, jagwa;da5 a4;jol a6"oed epua6e a4; pm papnlouw aq ua;w }o jagal s14; ;ey; ;sanbaj aM -awoo o; sjeaA pue 6ulonpojd awooui aq ueo 4oigmjuawdolanap MQU Aj!o PUB yao O4;ja}Ja II!m 1e4; ewjojojd pue ueld ;uawdolanapaa a anljap o; ge;s pue sjagLuaw pjeo8 y'80 a4; pm Niom Ilpm am A;!un;joddo s14;4;!AA *ueld;uawdolanap anlpnpoid ajow a jol sloojed a4;6ulu!gwoo uo VN0 ay; y;!m Njom o; A;!un1ioddo a4; a;elaajdde ILl;eaj6 pinom am 'ueld ;uawdolanap of}loads a 8ne4 Al;uajjno jou op am 46no4;Iy -4oe98 uo;uAo8 jo s;uoplsaj jo} Apunpoddo 6uisno4 mou 6ulp!nojd al!gm anuany ueaoo jo ejegdsow;e uelj;soped a4; Bul;ewo jo wn;uawow aq; anul;uoo ll!m kpadojd paulgwoo s14; }o ;uawdolanaQ I004os 4614 pa;enouaj pa;eloosse pue ja;e94;14dwe `IIeH halo Mau a4; q;!m eaje ay; jo ;uawaoue4ue aq; 6u,aes mou aje pue o6a sje9A g 6 Ala;ewlxojdde Apodojd 60Z a4; pasegojnd dlgsjaumo 94; }o sjauPed ;uajjno ayl -asno4 LZ a4;jo apps;sea ay;uo Aem llem uelj;sapad bul;slxa a4;a;ejodjooui o;panljap aq ueo u6lsap y -6ulppq aq; }o jeaj 94; u! 6u!iljed 6ui:poddns pue sloop jaddn uo s;!un lel;uoplsaj uay; puy anuany ueaoo buole sueulsopad y;!m a6e6ue Ipm ;ey; Ianal punoj6 a4; uo saIeo 'sdo4s 's;uejne;saj se flans 'sasn lelajawwoo jol pauwgwoo aq o; saipadojd q;oq nolle II!M 4,3l4M ja;oejego o!jo;sly y;!nn sajn}onj;s pue sawoq jaq;o 41!nn Aj!o ay; u14;!m pa;eoolaj aq 6 4Z ;e asno4 94; J01 s! uolsln jno -jop!jjoo anuany ueaoo ay; jol ueld ;uawdolanapON VN0 ay; y;!m ;ua;slsuoo sasn nnau ap!nojd II!M ;eq; ;uawdolanap asn-pax!w Mau a jo} Aliadojd ueaoo ;sea [I Z a4; Rm Apodojd jno aulgwoo o;Aouafiy;uawdolanapoU Apnwwoo 94;q;!m 6ul;ejogello3 ul ;saja;u! pue ;ua;u! se ja:491 s!4; ;deooe aseeld 'anuany ueaop ;sea 6OZ ;e pa;eool kpadojd ay;jo jaumo sy ::pnqS sVq jea❑ ;ua;ul 10 ia}ga-j anuand ueaop 3 44Z :ON 91ME -id `43808 uo;w(oB anuany ueaop -3 00 6 AON30V IN3Wd0-13A303N IINf1WWpp HOV38 NOINA08 j0;02jICj ani;noax3 w!ja;ul "-"j `VIy `:4n4 An4,1 �ZQZ 'L jagwaadaS From: Kim Kelly To: Shutt,Thuy Subject: Re: 211 E Ocean Ave LOI Date: Tuesday,September 14,20213:32:37 PM Attachments: imaae498840.pna image407375.12ng imaae334273.pna imaae940258.12na imaae187183.pna imaae644244.12na imaae187183.pna Thank you for the reply I thought I did address that in my loi that's the purchase would be $369,000 with improvements costing the remainder of 800,000 the experience is 25 years as working as a restaurant and the new project would be the same restaurant with improvements of building out a new building with kitchen and bathrooms and a tiki but with dining and bar area the project will be completed within 12 to 18 months not to exceed 2 years. Do I need to send a drawing and revise my loi? On Tue, Sep 14, 2021, 2:26 PM Shutt, Thuy <ShuttT .bbfl.us>wrote: Good afternoon, Kim, Good afternoon, Kim, This will serve as our acknowledgement that your Letter of Intent(LOI) has been received by the CRA. In accordance with the attached LOI Policy,your LOI will be scheduled for the Board's consideration at their October 12, 2021 CRA Board. Your LOI may have addressed some of the following items but please be advised that any LOI submitted to the CRA should contain items typically included in an offer to lease or purchase the property such as but not limited to: Proposed lease/sale price, lease/sale terms, lease duration/renewals or closing and development timeline, description of the entity and type of business, description of the entity's experience, description of proposed improvements and costs, knowledge that the proposed use is allowed under the City of Boynton Beach codes and regulations, evidence of financial capacity to complete the proposed improvements and any other information you feel would be important for the Board to know as they review your proposal. Thank you. �nterim Executive Direcror Boynton Reach Community Redeve|opmentAOency 1OOE. OceanAve. I Boynton Reach, Florida 3 343'5 561 6OO9O98 �hutt|��bbf| us � http�//�vvvvbnyntnnbeachcracnm � httP://www.boyntonbeachcra.com � JU America's Gateway tothe Gulfstream Please be advisedthat F|orida has broad pubUcrecords law am all correspondenceto rine via email may besuL'ecttodisc|osure.Under F|orida records law, email addresses are pi bUc records.lherefore, youre' mai| communication and youre'mai| address may besuL'ectto pubUcdisc|osure From: Kim Kelly Sent: Tuesday, September |4, 202| 11:24 AM To: Shutt, Thnv Subject: 2|| BOcean Ave L(}l To: ThnnShuttsInterim CRA Director From: Kim Kelly Re: 2|| East Ocean Ave/Relocation ofHurricane Alley Please accept this Letter of Intent asuproposal to purchasethe property located at2|| East Ocean Ave. Recently lhave requested ustipend and extended lease from the CRA due tothe buyout ofthe Oyer building which has housed Hurricane Alley for the past 25years. Our goal istohelp Boynton Beach's downtown growth and byrelocating ustothe Magnuson house could be the answer to both the CRA and[fuo.icauc Alley's dilccucuu. Our business plan is located u1529 East Ocean Ave. l have restored this building over the years and have |st hand knowledge ofthe trials and tribulations ofbeing housed iuu historical site. Our goal would be to put our offices and storage upstairs with inside dining downstairs and add an additional building to the back with kitchen and bathrooms and outside tiki areas with dining and bar. Our hours of operation will be 7 days a week 11 am to 1 Opm We would also be the City's ambassador for special events when needed. I have secured a line of credit in the amount of$800,00 which will pay for the purchase and the buildout of our new restaurant. Hurricane Alley has been a staple in this city since 1996 and has given back to the community 10 times over with hosting block parties and fundraisers for those in need. Our reputation speaks for itself as we continue to grow and succeed, even in times of peril ie Covid pandemic, hurricanes etc.. Our purchase price would be in the amount of$369,000 paid in cash at closing and proof of funds will be provided with a 3 day notice. This amount can in turn help fund the Oyer down payment for the 500 building.We also would request an extended lease for our current property of 2 years from the sale of the Oyer building at a price of$1.00.. the only other funds we would seek would be grant money for buildout. Our stipend of$300,000 if it was awarded would be voided in lieu of 2 years rent for $1.00 from the time of transfer of ownership If at anytime we were asked to vacate the 529 location earlier than the lease agreement , a relocation fee of $7000 a month of the remainder of the lease would be payable to Hurricane Alley. Our intention is to relocate our restaurant in the downtown area and make this a hip, modern but nostalgic place for friends to meet and congregate. City employees would automatically receive a 20 percent discount on all purchases. We are also in talks with a developer bidding for downtown that would make it possible to add a second restaurant and keep the Hurricane vibe going with a more upscale and alternative concept. Sincerely irt,i ell W iier 4.iiGi Kelly - Li ,iis�i1i2 Alley BLISilleSS C OJliti(-Xl From: Brian To: Shutt,Thuy Subject: Re: Offer to sell Date: Thursday,October 7,2021 11:21:36 AM Attachments: imaae336749.pno imaae497037.12na imaae916139.pno imaae216075.12na imaae778095.pno imaae967035.12na imaae001.pno imaae002.pna imaae003.pno imaae004.pna imaae005.pno imaae006.pna Good morning. Yes, that is correct. Sent from my iPhone On Oct 7, 2021, at 11:01 AM, Shutt, Thuy <ShuttT@bbfl.us>wrote: Good morning, Brian, Just to clarify, you are offering the Green Acres Condo property north of the CRA- owned 211 E. Ocean Property for$3.5 Million and Mr. Ward will be party to the Purchase and Sale contract, correct? I just wanted to make sure I relay the correct info to the Board since the Million was missing from your email below. Thanks. Th iv S'r7i„tt, NA, FRA-RA X'--cil tiv,e Direcror Bovrl r n1 Bearfj Cornrl"ll„nli 1 ReJeveloprnent Agency 10`v E. 0, n Ave. ( Bovn onl Bearh, Florida _35 561-6,0,0-9098 sF i ittT6, bbfl.:i� http://www.boyntonbeachcra.com El America's Gateway to the Gulfstream Please be advisedthat F|orida has broad pubUcrecords law an,] all correspondenceto me via email may besuL'ectto disc|osure.Under Florida records law, email adare pi bUc records.lherefon� yourenail communicationand youre'mai| addressmaybesu�ectto pubUcdisc|osure From: Brian <bhanfitzpathck@comcastoet> Sent: Wednesday, October 6, 2O218:26PM To: Shutt, Thuy<ShuttT@bbfl.us> Subject: Re: Offer tosell Ms Shutt Good Evening. | am offering to sell all the units (10 individual units) that make upGreen Acres Condo . This would include the /9\ units | own, plus the /1\ unit That Mr Ward owns. We can deliver the property /a|| units)vacant relieving the CRA of any responsibility for relocating tenants. The price is$3.5. | look forward to working with Staff. Sincerely, Brian Fitzpatrick Sent from my iPhone On Oct 1, 2021, at3:40 PM, Brian wrote: Sent from my iPhone Begin forwarded message: From: "ShuttThuy" Date: October 1, 2021 at 10:50:40 AM EDT To: Brian fitzpatrick< Cc: "Utterback, Theresa" , "Hill, Vicki" "Curhnan, VicN" Subject: RE: Loi withdrawal Good morning, Brian, Thank you for the withdrawal confirmation. We would like to present your offer to the Board but will need to have a good understanding what your offer entails. Could you please let me know the following: 1. Asking price for the property and any supportive information you would like the Board to have when considering your valuation of the property 2. Timeline to close 3. Specify the ownership of the property which is offering the sale. Is it Green Acres Condominium, which includes Mr. Ward, that is offering the sale to the CRA? The information above is the minimum necessary for staff to present your proposal to the Board for consideration. In considering the offer, the Board may provide direction to staff and legal counsel to verify the valuation of the property and or other investigation as needed to arrive at mutually acceptable terms for the purchase of the property. Respectfully, Thuy S-hu'LL, AIA, FRA-RA I:.XE1,uV e L.1 i,E1� 0 ShuiLLTL, rs http://www.boyntonbeachcra.com America's Gateway to the Gulfstream :�"C.l� C" .,.�ure,--oru v�', C'. T a . u C��C are �n� iciG•� herefore,. u.. cornrnUnicanonu ci .,. From: Brian fitzpatrick<brianifitzaatrick@comcast.net> Sent: Friday, October 1, 20217:57 AM To: Shutt, Thuy<ShuttT anbbfl.us> Subject: Loi withdrawal Ms Shutt, Good Morning. I am withdrawing my Loi for 211 East Ocean Ave. I am still very hopeful that block can be developed. I have offered the CRA the potentially once in a lifetime opportunity, to acquire the parcel directly north of 211 East Ocean. This parcel is over a 1/2 acre, and sits directly south of the new Fire Station 1 and Energy Plant. Thank you for your consideration, and I look forward to working with Staff Sincerely, Brian Fitzpatrick Shutt, Thuy From: Kim Kelly <harleycabo@gmail.com> Sent: Friday, October 1, 2021 9:17 AM To: Shutt, Thuy Subject: Re: 211 LOI Yes, that is correct.. I am withdrawing at this time as stated in the previous email from the 211 E Ocean LOI Kim Kelly On Fri, Oct 1, 2021 at 9:13 AM Shutt,Thuy<ShuttT@bbfl.us>wrote: Good morning, Kim, Thank you for your follow up. As a matter of housekeeping,your LOI was originally scheduled for the October 12th Board meeting in which case staff was going to recommend it be tabled until the November 91h meeting to be heard with all other LOIS based on CRA Board direction on September 14th Could you please confirm that the email below serves as a withdrawal of your LOI for the 211 E. Ocean Avenue property? This way staff can take the item off of the October 12th Board agenda as well. E h y Shutt,AIA, FRA-RA Executive Director Boynton Beach Community Redevelopment Agency 100 E, Ocean Ave, I Boynton Beach, Florida 33435 561-600-9098 hutt"i @bbfl,us http://www.boyntonbeachcra.com U America's Gateway to the Gulfstream i Please be advised that Florida has a broad public records |avv and all correspondence to me via email may be subject to disclosure,Under Florida records law, email addresses are public records, Therefore, your e-mail communication and your e-mail address may be subject to public disclosure, From: Kim Kelly Sent: Friday, October l, 2O2lO:54AM To: Shutt,Thuy Subject: 2llLO| Good Morning Thuy, After deep research on what it would take to put together a proposal equivalent to the one submitted by the Subculture Group (Troy's BBQ), | feel | entered the race step behind. Also the funding it requires to hire the professionals to put together a submission is not a financial decision I want to endure at this time as I feel the other submission originally made will probably win the LOL Another factor is the Board has not decided if they want to rent orsale the property, has me on the fence.as well. I was waiting on all the prices to come in from engineers, architects and designers to see if this was a feasible decision for me to make. Hurricane Alley will still be looking for an alternative place to move when the time comes. I hope the Board favors a restaurant at the 211 site as we need more activity in that area of Ocean Ave Thankyou From: Salam Daaher To: Shutt,Thuy; Bradley Miller;Sami Daaher Subject: 211 a ocean Date: Monday,September 20,2021 10:07:26 AM Dear Thuy, Hope all is well ,we are going to withdraw our interest in 211 for right now it seems to us that a mixed use project at this point seems like a long shot and maybe a bit premature . Thank you for all your help Salam Dagher Florida Technical Consultants, LLC 533East Ocean Avenue Suite O2 Boynton Beach, FL 33435 FZ� ��' Te| (954) 914-8488 FLORHD^wzHNw^vwSOm ,, vvvvvv.Mtechinc.cono August 18, 2021 Ms. l[huy Shutt Interim Executive Director Boynton Beach CRA 100 East C)oaan Avenue m 4 Floor Boynton Beach FL 33435 Subject: Letter of Intent to Acquire Property 211 East Ocean Avenue Dear Ms. Ghutt, Florida Technical Consultants (FTC) is pleased to provide this supplemental information for the Letter of Intent to acquire the historic property at 211 East C)oaan Avenue, Magnuson House. We appreciate you consideration. Florida Technical Consultants is a Civil Engineering firm basad in the Boynton Beach CRA. Our focus is innp|annandn0 Geographic information Systems (GIS) to Municipal Utilities and Public Works Departments. This is a0rovvin0 High-Tech industry which requires specialized training. We currently support Boynton Beach Utilities implementing Asset Management. Our intention is to restore the building and create an office with a training facility. The building is perfectly suited for this purpose. The City will benefit the FTC proposal. * The City wants to attract High-Tech firms in the CRA * Maintain historic ties to the Schoolhouse Museum and other historic buildings in City * GIS Training Facility Additional information requested is as follows: * Proposed lease/sale price; o FTC is proposing no cash value since the majority of the land value needs to be invested in the building. * Laasa/sa|atarms� . o If the CRG is interested in keeping a historic bui|din0. FTC will assume responsibility * Lease duration/renewals or closing and development timeline; o FTC will assume permanent responsibility of the building * Description of the entity and type of business; o Professional office and training taoi|ih/ * Description of the entity's experience; o FTC has trained over 100 people in GIS * Description of proposed improvements and costs; o FTC is expecting that $300.000 will be required to fix the building. * Knowledge that the proposed use is a||ovvad under the City of Boynton Beach codes and regulations; o FTC will change the land use to match the CRA plan * Feasibility and evidence of financial capacity to oomp|sda the proposed improvements; o FTC has available funds tocomplete repairs • Conceptual site plan; o The site will stay the same • Description and amount of funding or financial assistance from the CRA that may be needed to activate the proposed use(s) on the property; and, o No funding required. FTC is requesting the lot in exchange for the investment • Any other information you feel would be important for the Board to know as they review your proposal. o We estimate that training 10 people from the community in GIS, they will get jobs at local utilities in the $40,000 to $50,000 range. o This amounts to $2,500,000 salary from the individuals coming into the community in 5 years If the CRA Board is in agreement, FTC will perform a detailed property inspection and negotiate a financial plan with the CRA. Should you have any questions, please do not hesitate to contact me at my office at (954) 954-8488 or send me an electronic message at jbarton@fltechinc.com. Respectfully submitted, Flo 'd Technical Consultants Jam Barton, P.E. President FLORIDA TECHNICAL CONSULTANTS Page 2 of 2 October 29, 2021 FTC Proposal for 211 East Ocean Shutt, Thuy From: Allan Hendricks <allan@cwiassoc.com> Sent: Friday, October 29, 2021 3:55 PM To: Anthony Barber, Shutt, Thuy;Juliette L. Schiff, Utterback, Theresa Subject: 211 OCEAN Greetings Thuy and Theresa, I can't reach Anthony, he was in a car accident but he is fine. So, on his behalf, I would like to request we be removed for the November agenda and be placed on the December agenda for our presentation to the board. The consultants have uploaded our documents to the Dropbox site and shared the files with Thuy, but at present we are missing some critical documents from our client. Please call me cell if we need to discuss this further. ALLAN 561-541-3700 cell G. Allan ndridcs, PLA Vice President Caulfield& Wheeler Inc. 7900 Glades Road, Suite 100 Boca Raton, FL. 33434 561-392-1991 1 i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD M EETING OF: November 9, 2021 OLD BUSINESS AGENDAITEM: 16.D. SUBJECT: Discussion and Consideration of Lease Terms with C Life C Food, Inc. for the CRA-owned Property located at 401-407 E. Boynton Beach Boulevard SUMMARY: At the October 12, 2021, the CRA Board and Mr. Collins discussed his status on providing the necessary documents in order to move forward with the lease negotiations. Mr. Collins advised that due to the unexpected cost (approximately $55,000) for the parking lot improvements required by the City and the fact that CRA Board did not approve the use of CRA economic developments for the property he was at a stand still. The CRA Board discussed and approved his eligibility for the Commercial Property Improvement Grant ($50,000) and Commercial Rent Reimbursement Grant ($21,000) (Attachment 1). The CRA Board and Staff requested he provide all costs for interior and exterior improvements, credit authorizations forms and his comments on the Lease Agreement. CRA Staff sent Mr. Collins a follow up email on October 14, 2021 (Attachment 11). CRA Staff received all credit authorizations forms and ran a credit report on C Life C Food, Inc. and corporate officers Lucinda C. McGraw and Timothy J. Collins. The scores were within the acceptable level to apply for the economic development grants. On October 22, 2021, Mr. Collins provided the attached email and following documents (Attachment 111): • 401 Retail Key Space (Attachment IV) • 401 E BB Blvd rough interior sketch (Attachment V) • Boynton Beach Fish Depot market proposed costs (VI). To date, Mr. Collins has not provided any other documents requested by CRA Board and Staff (lease agreement comments and proof of investor's commitment) and/or referenced in his email dated October 22, 2021. In order to assist Mr. Collins with the cost of updating the parking lot CRA staff submitted the parking lot improvements for the SWA Blighted and Distressed Property Clean-Up Grant and was awarded the requested funds. The CRA will be providing the necessary parking lot improvements for 401 E. Boynton Beach Boulevard required to activate the fish market or similar retail uses on the premise. Since Mr. Collins will not incur the costs of the parking lot improvements, CRA staff is requesting to rescind the grant funding offer in the amount of $71,000, for this project as those funds will not be needed in order for Mr. Collins to complete the required improvements to the property. BACKGROUND: The CRA went under contract to purchase the 401-411 E. Boynton Beach Boulevard property in July 2020 for the price of$917,000 with a closing date of February 26, 2021. At their March 9, 2021, meeting, the CRA Board reviewed the LOI submitted by Mr. Collins and voted to issue a thirty(30) day Public Notice of Disposal for Lease. During the Public Notice of Disposal for Lease period and prior to the closing of the CRA Board's April 13, 2021, meeting agenda, the CRA received four (4) additional LOI s from various interested parties. CRA staff provided the Board with a breakdown of the LOls received as of April 9, 2021, the publication of the agenda item. At the regular meeting of the CRA Board held on April 13, 2021, the Board reviewed five Letters of Intent (LOI) to lease the property located at 401-407 E. Boynton Beach Boulevard and selected the proposal from Mr. Tim Collins, C Life C Food, Inc. CRA staff was directed to begin discussion Mr. Collins on the terms and conditions to be included in a Commercial Lease Agreement for the property (see Attachment VII & VIII). After the April 13, 2021, Board meeting, Mr. Collins met with City Staff on April 20, 2021, regarding his proposed conceptual site plan (see Attachment I X). CRA staff and legal counsel prepared a draft Commercial Lease Agreement incorporating the terms proposed by Mr. Collins with consideration given to certain conditions provided to the CRA as the landlord. CRA staff and legal counsel provided their responses to Mr. Collins where possible and within the limits of their authority and the remainder of the items and terms expressed by Mr. Collins were negotiated between the CRA Board and Mr. Collins at their May 11, 2021, meeting (see Attachment X). Based on those negotiations, CRA staff and legal counsel made the necessary revisions to the draft Commercial Lease Agreement and returned the document to Mr. Collins for his review and comment (see Attachment XI). The CRA Board also directed Mr. Collins to provide a detailed scope of work to convert the building to his desired use meeting all of the requirements under applicable the City building codes and regulations. Mr. Collins provided some of this requested information via email on June 4, 2021, (see Attachment XII) for the June 8, 2021, Board meeting. Staff met with Mr. Collins again on July 2, 2021, to see if any progress had been made with respect to obtaining the overall cost to reactivate the property for the proposed use and to inform Mr. Collins of the submission deadlines for the July, August, and September CRA Board meeting packets to allow adequate time for staff and legal counsel to review and for incorporation into the CRA Board meeting packets. Mr. Collins has indicated that he is still working on the requested information. Courtesy reminders were sent to Mr. Tim Collins for all previous CRA Board meetings (see Attachment XIII). On October 1, 2021, CRA staff received an email from Mr. Collins that the parking lot improvements are estimated to cost $55,000 and that he does not want to proceed with further design and cost analysis of the interior improvements unless the CRA cost share in the expenses to activate the use. Mr. Collins also indicated that the terms of the draft Lease Agreement is no longer applicable if he is to pay for all of the costs as the urgency to open no longer exist for him due to the time lapse and he does not want to make too many concessions in order to open quickly. On October 7, 2021, staff received another email from Mr. Collins indicating that the credit authorization will not be available until October 11, 2021 (see Attachment XIV). At the time of the October 12, 2021 Board Meeting staff had not received the required information for review and therefore did not recommend that the Board enter into the lease agreement of this nature without a clearly defined scope of work, timeline, and cost breakdown, detailed City permit requirements and plan pre-approvals, and credit report, all of which are required for any entity seeking any type of funding from the CRA. FISCAL IMPACT: To be determined by the CRA Board and the terms of the final lease agreement. CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach CRA Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approval of the revised draft Commercial Lease Agreement as presented between C Life C Food, I nc. for the CRA owned property located at 401-407 E. Boynton Beach Boulevard. 2. Further amend and approve the revised draft Commercial Lease Agreement as amended between C Life C Food, Inc. for the CRA owned property located at 401-407 E. Boynton Beach Boulevard. 3. Do not approve the draft Commercial Lease Agreement as presented and direct staff to terminate negotiations with C Life C Food, I nc. for the C RA owned property located at 401- 407 E. Boynton Beach Boulevard. ATTACHMENTS: Description D Attachment I -October 12, 2021 Minutes D Attachment II -October 14, 2021 Reminder Email to Tim Collins D Attachment III -October 22, 2021 Tim Collins Email re: requested documents D Attachment IV -401 Retail Space Key D Attachment V -401 E BB Blvd rough interior sketch D Attachment VI - Boynton Beach Fish Depot market proposed costs D Attachment VII - Property Location Map D Attachment VIII - Letter of Intent submitted by Tim Collins D Attachment IX - Preliminary Conceptual Site Plan D Attachment X - Board Meeting M inutes, May 11, 2021 D Attachment XI - Revised Draft Commercial Lease Agreement D Attachment XII -June 4, 2021 Tim Collins Email D Attachment XIII -Courtesy Reminders D Attachment XIV -October 7, 2021 Tim Collins Email Meeting Minutes Community Redevelopment Agency Board Boynton Beach Florida October 12, 2021 a report. They have obtained all of the leases from the property owner and one lease renewal for Florida Technical Consultants for another year with a 90-day written notice to terminate. The initial deposit was forwarded to the CRA escrow agent, and a second deposit is due on October 15th. The CRA is proceeding with Valley National and getting underwriting for the project and they are still heading for December 17th. The next Board meeting and report is November 9th, which is just before the termination of the inspection period which is November 12th. Chair Grant asked if they received a response from Valley Nation regarding an estimated timeline. Ms. Shutt responded they have not. They have several documents needing signatures so they can submit toward the credit approval process, but they know they need to close. Chair Grant wanted to give them a deadline by the end of the month otherwise the CRA will have to accept any risk in November which could include losing the $200K if they do not receive the financing. Chair Granted wanted to ensure Valley National knows if they are unable to help the CRA to close on time, it will not look good for the bank either. 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 (TABLED 9/14/21) Motion Vice Chair Hay moved to remove from the table. Board Member Penserga seconded the motion. The motion passed unanimously. Ms. Shutt advised staff proceeded to negotiate a lease agreement with Mr. Collins. They submitted a revised rent/lease agreement to him in June and the Board asked Mr. Collins for the costs to activate the use in the 401 building. The second building was previously demolished. Mr. Collins has provided some information, but not exact numbers for the interior and exterior renovations to activate the use. He alluded the outside would need about $55K. Mr. Collins explained this was to update parking to City Code. In his original letter of intent, the request was to be eligible for all interior and exterior improvements. The provision was removed and at the meeting with the City, the parking was brought up. Ms. Shutt explained the Board directed staff to obtain overall construction costs for the exterior, parking lot and interior for a retail fish market. The Board also said the site would not qualify for rent assistance due to reduced rent of $2,500 a month and a lease term of 10 years and a right to purchase. Since then, the CRA has not received cost improvements because the Board wanted to ensure they do not overspend and then demolish the building. Mr. Collins has several items what his understanding was under his LOI and why he cannot move forward with conceptual plans without knowing what the Board will be approving regarding assistance to activate the use. Mr. Collins thought continuing to negotiate a lease without knowing what the actual outlay is makes no sense. He advised the parking issue hit all of them. It took two months for a parking estimate and there is a stalemate. The grant options were 16 Meeting Minutes Community Redevelopment Agency Board Boynton Beach Florida October 12, 2021 removed and an additional amount of money was put on top of it. He asked if he still responsible for updating the parking on a leased property the City owns. He is pulling back from putting money into the project, which now has almost doubled. Ms. Shutt explained the applicant still has to come up with a cost in order for staff to advise the Board on what share and how much net money is to be awarded. Mr. Collins thought the costs were taken off the Board. He asked why he has to provide a cost for a build- out if the CRA would not contribute money to it. He noted Boardwalk Creamery will be demolished, but they received funds. If he has the option to still apply for grants, he will provide the estimates the Board needs. Chair Grant noted they had an RFP for the project with multiple responses and they said to Mr. Collins, because of his diligence with the Board, he would have an opportunity to try to do something here. The City said to get the market, he had to do certain things. Chair Grant asked about estimates for the building and/or parking. Mr. Collins noted they have list of equipment local plumbers and electricians who can provide him the information by next meeting. Mr. Collins advised his prior budget to improve the building interior and paint was $75K. The exterior was for the parking they have to update which is another $55K without the landscaping that is required. That is $130K to $140K. Mr. Collins explained there is equipment leasing, which was another $80K as a lease purchase which put them well over $200K. Chair Grant thought the business qualifies for the $50K interior exterior build-out grant and up to the $21 K rent reimbursement. If the Board allows the economic development grants so they can remove slum and blight, the CRA should do what they can to build locations for short or long terms. He asked the Board if they would allow the applicant to apply for economic development and rent reimbursement grant to make the project work or not. Board Member Romelus noted they had four other applicants for the same property and none of them asked anything from the CRA. Now this applicant is asking for $71 K and the conversation shifted. They are helping Mr. Collins, but there were no other contributions the CRA had to make, except to use the land. Mr. Collins explained that was in his original LOI. The Board accepted the LOI and had to negotiate. Ms. Shutt commented he was approached by another business, they would also like to know if and when the CRA moves forward so they could submit something as well. The person was from Sweetwater as contained in attachment nine. Chair Grant thought without assistance from the CRA, it is unlikely Mr. Collins can move forward. Board Member Romelus explained at this time, the CRA is offering the property and Mr. Collins was responsible for all else. She asked if those same provisions were offered to other interested parties. Ms. Shutt commented the CRA has not engaged in those conversations because the Board accepted Mr. Collins' LOI. She knows Sweetwater's would have to come up with terms and all of the applicants can apply for grants, but as a 50/50 match. Additionally, as part of their application, they will have to permit a credit authorization be conducted to ensure the business is viable and go through all the needed processes including costs and drawings. Board Member Romelus thought it was a stalemate, The CRA was not planning to invest too much in it. 17 Meeting Minutes Community Redevelopment Agency Board Boynton Beach Florida October 12, 2021 The fact Mr. Collin's can receive the property at a reduced rate, she would make that contribution, especially when there are applicants proposing twice the rent. Mr. Collins responded the market rate, triple net is over $4K. The GRA has put funds into properties that are going to be demolished, which is basically the same thing. He has heard they will work with them. He has been attending meetings for a year, and the CRA had indicated it wants to keep his business in the City. Ms. Shutt clarified they are inside site approval and they are working hard. They did give a cash offering and in-kind of$300K in total of market value. Chair Grant favored using the grants to move the project forward. It is an aspect of what they want to do, and they can have all the costs at the next meeting and move forward If that is not the case, they should let Mr. Collins know the CRA is not interested in spending any additional money. Board Member Katz had no problem if the $71 K is sufficient to get Mr. Collins where he needs to go. Mr. Collins explained it will still be more, but It would help him with parking. It is a match. Board Member Katz agreed with Chair Grant if Mr. Collins could affirm the costs. Board Member Katz did not know when the Boynton Beach Boulevard consolidation plan would come to fruition, but assumed it is years and years down the line. He thought $71 K would rehabilitate the property for a number of years and would be worthwhile. Chair Grant agreed they are finding a partner to help the CRA improve the property the CRA owns. Board Member Romelus also was fine with the proposition, but wanted to ensure Mr. Collins upheld his end of the bargain. It was anticipated the expense was sufficient. Ms. Shutt stated they could ensure the Board receives the comments to the lease before the next meeting so Legal Counsel can review it and give authorization for the credit. Mr. Collins will have it by next Friday. A motion to direct staff to proceed with economic developments grants available to the applicant was needed. Motion Board Member Katz so moved. Board Member Penserga seconded the motion. He added he was concerned there would be further surprises. The motion passed unanimously. 17. New Business A. Consideration of a Second Amendment to the Purchase and Development Agreement to delete the Flex Space for a New Neighborhood Officer Program Office and Community Space in the Ocean Breeze East Project This item was previously addressed. 18 Utterback, Theresa From: Shutt,Thuy Sent: Thursday, October 14, 2021 3:46 PM To: Tim Collins Cc: Utterback, Theresa;tduhy@llw-law.com; Kathryn Rossmell Subject: RE: CRA authorization Attachments: CRAauthorcc.jpg Follow Up Flag: Follow up Flag Status: Flagged Good afternoon,Tim, Thank you,we will begin processing the information for the credit report. Please see the blue response below. Could you please forward more information on your investor as I will need more than a verbal commitment from your investor. These include and are not limited to the individual's name and their company's name, similar what we would require of a lender for these types of projects. The document should have the amount and what the money would go towards including any restrictions or limitations and any agreement or understanding you have with them for the funding if there is a nonperformance from either party. Please provide an estimate of the interior/exterior costs that would be involved so staff can evaluate the eligible expenses under our grant guidelines and any edits to the Lease Agreement that Theresa have forwarded to you. We would appreciate this information by next Friday, October 22, 2021 as represented to the Board. Respectfully, Thuy Shutt, AIA, FRA-RA Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. I Boynton Beach, Florida 33435 561-600-9098 nj ShuttT@bbfl.us I http://www.boyntonbeachcra.co I ; America's Gateway to the Gulfstream i Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From:Tim Collins <tcollins129@gmail.com> Sent:Thursday, October 14, 20213:14 PM To: Shutt,Thuy<ShuttT@bbfl.us> Subject: Fwd: CRA authorization Good afternoon Thuy, Attached is the Credit Authorization filled out by Lucinda McGraw,the owner of C Life C Food. I'm working on completing the rest of the items for you as quickly as possible. I have the revised lease being reviewed again and will be re-reading it over the weekend. I also hired the gentleman who did the drawings for me on the 1102- 1110 N Federal so we have a basic idea of what we intend for the site to look like when we are ready to open. I will need to be accessing the property again and will give Theresa as much notice as possible. I also received a verbal commitment Tuesday morning for the $130k in cash to complete our buildout work prior to receiving the grant money. It is from the same gentleman who was going to fund the purchase of 1102-1110 N Federal. I have had a working relationship with him for 5 years.This alleviates the dependence on the other funding we are working on being available in time. Thank you for all the support throughout this process! PS.the gate behind the building has been open since they put the grass down and the Auto Repair guys across 3rd Street have had cars over there with the hoods up occasionally.You may want to have Theresa go by and lock that gate again? I'm not sure if you have Liability Insurance over there yet or if it would cover them working on your property. It isn't all the time, but enough that I feel I should let you know. Theresa has contractors on the site for CRA related matters. Otherwise,the site is padlocked and access is only given to those who are authorized to be on-site. Please let me know when you have seen the cars with the hood up so I can have our folks check it out. Tim Collins The Fish Depot (954)415-4825 ---------- Forwarded message--------- From: Cindy McGraw<cindycmcgraw@gmail.com> Date:Thu, Oct 14, 2021 at 2:35 PM Subject: CRA authorization To:Tim Collins <tcollins129@gmail.com> Here is the signed form 2 Utterback, Theresa From: Tim Collins <tcollins129@gmail.com> Sent: Friday, October 22, 2021 10:01 AM To: Shutt,Thuy Cc: Utterback, Theresa; Curfman,Vicki; Nicklien, Bonnie Subject: Re: 401 E. Boynton Beach Blvd. - Fish Depot Project Costs for October 12th CRA Board Meeting Attachments: Boynton Beach Fish Depot market proposed costs.docx;401 E BB Blvd rough interior sketch.png;401 Retail Space KEY.docx Follow Up Flag: Follow up Flag Status: Flagged Categories: Green Category Good morning, Attached are the renovation/activation construction cost breakdowns, a rough diagram of the building layout, a key for what we intend to do inside(with perceived dumpster location)as requested. The lease revisions are not quite ready and it was unrealistic that we would have been able to get them to you and back for complete review ahead of noon today. I focused on what was possible to supply by today's deadline. I am also anticipating being able to supply you with the projected equipment list to support the$85,000 budget and the build out funding commitment before noon today as well. I sent the parking diagram and estimate over to you before the September meeting and will resend if you need me to do so. I am also working with a local man named Emilliano Brooks,who I hired to supply the drawings for the 1102-1110 N Federal project last year,to create a mock up of what we envision the project to look like when finished. I hope to have that to you next week. It is only a supporting visual aid and should not require much review. I hope that we can get that in for the Board to see if it is ready before the board meeting package is finalized. Please let me know what else I can do to get the CRA and the Board excited about this project's completion? Thank you, Tim Collins The Fish Depot (954)415-4825 On Wed, Sep 22, 2021 at 5:54 AM Shutt,Thuy<ShuttT@bbfl.us>wrote: Good morning, Mr. Collins, 1 Please be advised that your deadline for submitting the previously requested supportive documents, consisting of the renovation/activation construction cost breakdown for the building and site, edits to the revised lease agreement, and the completed credit authorization form are due on Friday, October 1, 2021, 12:00 p.m. for the October 12, 2021 CRA Agenda and Board meeting. The link below contains the latest draft lease agreement that was forwarded to you for review on June 3, 2021 by former Executive Director, Michael Simon. file:///C:/Users/shuttt/Downloads/6.2.21_rev_Commercial_Lease_401-407_E_BB_BLVD_LLW_apprvd_draft%20(2).pdf Thank you. Thuy Shutt, ABA, FRA-RA Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. I Boynton Beach, Florida 33435 k. 561-600-9098 S3 ShuttT@bbfl.us I http://www.boyntonbeachcra.co 0 U U& America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Shutt,Thuy Sent: Friday, September 10, 20216:24 PM 2 To:Tim Collins<tcollins129@gmail.com> Subject: RE:401 E. Boynton Beach Blvd. - Fish Depot Project Costs for August 10th CRA Board Meeting Hello, Mr. Collins, Mike's last day was August 11th after our CRA Board meeting. I did get the message but we were in the midst of our Board packet production. Unfortnately, our deadline for submission for your item was noon last Thursday, September 2"d per my August 23 d email, not today. I will send you the agenda information and instructions on how to participate virtually if that is your choice. Thank you. From:Tim Collins <tcollins129@gmail.com> Sent: Friday, September 10, 202111:15 AM To: Shutt,Thuy<ShuttT@bbfl.us> Subject: Re:401 E. Boynton Beach Blvd. - Fish Depot Project Costs for August 10th CRA Board Meeting Good morning Thuy, I was unaware that Michael left the CRA when I called to speak to him a little while ago. I did leave a message for you to call me back as you were in a meeting understandably and not sitting around waiting for me to call you. I have made some progress and wanted to have a discussion &give you an update prior to the noon deadline today. look forward to speaking to you. Tim Collins The Fish Depot 3 954-415-4825 Sent from my Whone On Aug 23, 2021, at 1:55 PM, Shutt,Thuy<ShuttT@bbfl.us>wrote: Please see attached and below for the latest correspondences and draft lease agreement. Thank you. https://boyntonbeach.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=11222&MeetingID=3 72 Thuy Shutt, AIA, FRA-RA Interim Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. I Boynton Beach, Florida 33435 _._ 561-600-9098 _.. ShuttT@bbfl.us I http://www.boyntonbeachcra.co F America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Shutt,Thuy Sent: Monday, August 23, 20211:46 PM To:Tim Collins<tcollins129@gmail.com> Cc: Utterback,Theresa <UtterbackT@bbfl.us>; Nicklien, Bonnie<NicklienB@bbfl.us> Subject: RE:401 E. Boynton Beach Blvd. - Fish Depot Project Costs for August 10th CRA Board Meeting 4 Good afternoon, Mr. Collins, Please be advised that all supportive documents previously mentioned in Mike's email/correspondences with you (see below), including the completed credit authorization form are due on Thursday, September 2, 2021, 12:00 p.m. for the September 14, 2021 CRA Agenda and Board meeting. Thank you. From: Shutt,Thuy Sent: Monday, August 2, 20213:45 PM To:Tim Collins<tcollins129@gmail.com> Cc: Simon, Michael <SimonM@bbfl.us>; Utterback,Theresa <UtterbackT@bbfl.us>; Nicklien, Bonnie <NicklienB@bbfl.us> Subject: RE:401 E. Boynton Beach Blvd. - Fish Depot Project Costs for August 10th CRA Board Meeting Good afternoon, Mr. Collins, Thank you for your response. Based on your email below, it looks like you are still working on the required items that is needed for the project. Staff cannot complete our work for the August 10' Agenda item without the required items which includes the supportive documents previously mentioned in Mike's email/correspondences with you (see attached), including the completed credit authorization form. This item will be moved to the September 14th CRA meeting. The submission for that agenda is Thursday, September 2, 2021, 12:00 p.m. due to the observance of the Labor Day holiday on Monday, September 6, 2021. Sincerely, From:Tim Collins <tcollins129@gmail.com> Sent: Friday,July 30, 202112:43 PM To: Shutt,Thuy<ShuttT@bbfl.us> 5 Cc: Simon, Michael <SimonM@bbfl.us>; Utterback,Theresa <UtterbackT@bbfl.us>; Nicklien, Bonnie <NicklienB@bbfl.us> Subject: Re:401 E. Boynton Beach Blvd. - Fish Depot Project Costs for August 10th CRA Board Meeting Good afternoon Thuy, My apologies for not responding sooner to your email from Monday. I was hoping to have all the items for this review completed for the boards review by today.We are still waiting on multiple cost estimates and revised drawings. I will not be able to supply the CRA with these items today. I realize the impact of this on the City& My business.There is also an impact on our community being without a fish market while Capt Franks is Closed every August& September. I request that we continue this item to be discussed at the September Meeting durning the August 10th Board meeting. Thank you, Tim Collins The Fish Depot 954-415-4825 Sent from my iPhone On Jul 26, 2021, at 5:48 PM, Shutt,Thuy<ShuttT@bbfl.us>wrote: Good evening, Mr. Collins, 6 As a follow up to our July 2, 2021 meeting,this is a courtesy notice to advise you that all requested supportive documents, consisting of the renovation/activation construction cost breakdown and the revised lease agreement,for the project will need to be submitted no later than Friday,July 30, 2021, 12:00 p.m.to allow sufficient time for review and coordinate with legal counsel on the Lease Agreement. Thank you. Thuy Shutt, ABA, FRA-RA Assistant Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. I Boynton Beach, Florida 33 135 -._ 561-600-9098 _.. ShuttT@bbfl.us I http://www.boyntonbeachcra.co PI 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 sul disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communicatior your e-mail address may be subject to public disclosure. <mime-attachment> <mime-attachment> 401 East Boynton Beach Blvd Interior Area Key 1. Customer Retail Area 2. Dry Storage(employee only area) 3. Walk in Cooler/ Freezer combo unit 4. Dumpster Area 5. Updated ADA Compliant Restroom 6. Office 7. Fish Cleaning room 8. Refrigerated Fish Cooler/Case 9. Glass Door Reach In Cooler units 10. Retail Cashier Counter NE 3RD S7. -4--- Mt. 4 -- _�4458_-0" �•+ t e I1 I I � � 1 9- o � rn Oz z U3 tI -----------I �I I "topEm Lie --------------------- I }-- w o I P d I I � I 1 O I OI � i I Z •q}m�gALL�{u1�'py�0 WiFCtE�Xp yy��FO1�eYYl�1 EGjOW„?Si1i OX FISHDEPOT WOMAW PoWIWMNMiUe MOW*IEN PIMP= r, vao�ecr Wo: 's4ite -PROPOSED SITE IMPROVMi ENTS- mwwW ar' aM cWecaeo eve STEVEN E.MYOTT n x c s, 1 s . ean�ue�u sp-J •u 1< 7>iti 401 E.BOYNTON BEACH BLVD., a.a o t e SITF.as � BOYNTON BEACH,FLORIDA 33435 SCALE:1(18"=i'-0' Boynton Beach Fish Depot Location Projected opening costs: Initial costs Rent: $7,500 1", Last&Security(unsure of the Tax& Insurance amounts) Architect Balance: $3,200 Permitting: $1500-$2000(unsure of cost) Deposits for subs: 50% Balance Due on Completion Parking Lot$27,500 $27,500 Electric$ 6,500 $6,500 HVAC$4,500 $4,500 Plumbing: $3500 $3,500 Flooring: $3,200 $3,200 Signage: $3,000 $3,000(depending on city code design approval) Minor interior Construction $1,500 $1,500 Needed to get started: $62,400 Balance: $49,700 Total $112,100 Equipment Lease closing costs: 1"& Last month's payment$3,003.33 Sales taxes: $5,950 Based on $85,000 Equipment Lease/Purchase Package Estimate from Delray Food Service Inventory: Seafood: $6,500 Dry Items/spices/mixes$2,500 Packaging: $500 Soda/Water/Drinks$350 I U 1 1tY�9t 4 I t �� yt s 11t51Y P1LI4��f I t �> ) 1 p", t �1� mv Hu s1 � }d Z 1 � I r i I, S� �V , ' �, , ,. �OTX ..CrON,m �I*— 561 7 363 March 5th, 2021 Mr. Michael Simon, Executive Director Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue, 4th Floor Boynton Beach, FL 33435 Amended Letter of Intent:To Lease the Property located at 402 E Boynton Beach Blvd, Boynton Beach, Florida33435 Dear Mr. Simon, The Fish Depot Seafood Market, previously located at 1022 N. Federal Highway wishes to amend this Letter of Intent to enter into Lease Negotiations with the CRA and/or City of Boynton Beach for the Property located at 401 East Boynton Beach Blvd. in Boynton Beach, FL 33435 that was submitted on March 2nd, 2021. We propose to open a new Fish Market as soon as possible in this location as we have moved out of the old location.The intention is to create a new look concept from what we were previously offering in the old building. That building has serious issues that prevented us from fully realizing the potential of the business. We will have more offerings and bring a vibrant new business to This location from what it has been for many years. We are offering$2500 per month in rent set up in an Annual Month to Month Lease structure. We are requesting 10 renewal options if the property is not being Developed as so many of these "Future Projects" have sat vacant in Boynton Beach for years and decades even.The renewal options will be worded in both parties best interests in that we can stay as long as we want if the property is not being developed and the City is not hindered by a burdensome long term lease situation that would interfere with the future development. The Terms we are requesting will include a 120 day notice to vacate in the event a developer receives approval to break ground on a new development. We in no way want to stand in the way of Boynton Beaches expansion. We do request a relocation stipend if the vacate option is exercised in the first 4 years. We can negotiate this when finalizing the terms of the Lease Agreement. ,. �OTX ..CrON,m �I*— 561 7 363 We will also want to be eligible and approved for all applicable grants in opening this new location. Additionally,we request a 120-day rent abatement in order to get the business open and in full operation. This includes, but not limited to all required licensing and approvals. We will submit a deposit upon approval of these terms and the balance of the First& Last month's rent upon execution. In the event we cannot meet the City's approval requirements, we request a full reimbursement of the funds paid in executing the lease within 10 days. There is a Time is of the Essence here and we intend to move quickly to be open as soon as possible. We have a great following and do no wish to lose our client base to competitors by being closed too long. I would like this LOI to be entered in the Agenda for the March 91h Meeting in the event that the 30-day period for disposal of city owned property begins now or at that meeting. I have included all of the CRA board members in this email so that everyone is notified of our intentions to lease that property in the interim period until a developer secures approval and work commencement orders to develop the property. If you have any questions, please feel free to reach out to me directly. Sincerely, Tim Collins The Fish Depot (954)415-4825 R,r OT tea. 0' TON BE M m 561-375-8363 March 2nd, 2021 Mr. Michael Simon, Executive Director Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue, 4" Floor Boynton Beach, FL 33435 Letter of Intent:To Lease the Property located at 402 E Boynton Beach Blvd, Boynton Beach, Florida33435 Dear Mr. Simon, The Fish Depot Seafood Market, previously located at 1022 N. Federal Highway wishes to enter into Lease Negotiations with the CRA and/or City of Boynton Beach for the Property located at 401 East Boynton Beach Blvd. in Boynton Beach, FL 33435. In previous CRA Board meetings it was clear that the CRA/City was waiting for "hold over tenants' to vacate certain properties included in the City's purchase agreement. I have witnessed the tenants clearing out the adjoining commercial spaces which was stated as the hold up in the CRA/City in being able to close on the purchase of the property. I would like this LOI to be entered in the Agenda for the March 91h Meeting in the event that the 30-day period for disposal of city owned property begins now or at that meeting. I have included all of the CRA board members in this email so that everyone is notified of our intentions to lease that property in the interim period until a developer secures approval and work commencement orders to develop the property. If you have any questions please feel free to reach out to me directly. Sincerely, Tim Collins The Fish Depot (954)415-4825 Drat Prefimun ry&te Man as Presented to duty staff on AprH 20,2021 EXISTING N I0'ALLET v N PLANTER O a PLANTER N EXISTING O� COVERED AREA 107 284,CPU• N O EXISTING EXISTING O STORAGE#3 RELIEVE AREA �f 06 104 i2'-7.24 N I EXISTING 70 STORAGE#2 Z O 105 20'4•X9'.• N - a 409 d 411 E.BOYNTON EE saloaesro n O C?F BEACH BLVD., 111-0" 4,a ONE STORY ExlsnNc C .S.BUILOING"401 401 E.13OYNTON STORAGE n1 -0• 18'-6" 26'-51/2" F.FE.-12.94' AREA=3,681 5Q FT. � E3€AGN BLVD., 1oz s a ONE STORY C.5.5.5UIL9INe 1401 F.F.E.=12.9' AREA=2,018 GROSS 9.F, EXISTING SERV COUN. 10 O O� EXISTING 101 SALES AREA 10'"X13'-0" ry 00 of 11 rr�,L, mi UUU" � I o PLANTER U v, Z; PLANTER 3 o` EXISTING SIDEWALK mi 50YNTON BEACH BLVD. a, NORTH 9 FISH DEPOT PRELIMINARY k Eo F CE -NEW LOCATION-BUILDING RENOVATION- 21 076 SITE PLAN L.1- STEVEN E.MYOTT CHECKED EC' Y t°_ I r. c' o DATE 66UE-owR N 1 4.212021 PRELIMINNRV REVIE f 401 E.BOYNTON BEACH BLVD., SPA m V\ BOYNTON BEACH,FLORIDA 33435 ry � :.,,.,`"i ...................,.�. SCALE.1116„_1,-O„ Meeting Minutes Community Redevelopment Advisory Board Boynton Beach, Florida May 11, 2021 Mr. Simon advised they had two successful meetings with Franck Gotsman of Azure and the team on April 22nd. They met with the City's Planning and Development Staff on April 29 and Azure made some adjustments staff wanted them to explore. Azure is excited to get started. The property will be re-platted into future lots and the project, instead of being an infill housing project, will use a simple streamlined process. The replat, subdividing and roadways are the first step, which will add another two or three months to the regular site plan process, but it is necessary. They will have revisions and a partner willing to work with the CRA. Staff will have the Purchase and Development Agreement ready for the June meeting with key terms, and they will have revisions be presented and become part of that Development Agreement. Chair Grant wants to explore changes to the Comprehensive Plan that need to be made so the project is the best it can be. He noted the townhome vehicles cannot back out of the garage onto the road, and if the CRA can say they think the City should make certain changes to the LDR's to get the best project for infill single-family homes, they could. It was noted the Palm Beach County Housing Authority is auctioning its properties. Board Member Katz had no objection inquiring with the City, it is something he thought could be worked on. Vice Chair Penserga asked if the concern was the process would be so cumbersome the project would become financially unfeasible. Chair Grant commented it was a concern, as the CRA would have to spend funds for the developer to make it financially feasible. Vice Chair Penserga asked what the plan to finance the project was, about the contingency for financing so the project can be completed and what the process is in verifying the items. He noted the bank was a foreign bank. Chair Grant thought they should move forward with the design first, then the financing. They can set dates regarding the financing and the CRA's recourse. B. 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 REVISED Mr. Simon brought this item back to the Board and reviewed Mr. Collins' Letter of Intent was selected and they discussed the proposal. Attachment two contained the requirements and staff developed a draft lease agreement, which was presented to Mr. Collins in attachment three. Attachment four had questions and concerns. Mr. Collins had met with the City and his architect. Staff was not present, but there were some items Mr. Collins and his architect will have to address. Mr. Collins noted item 2B regarding the 5% annual increase. The original intention was to be as temporary as possible for the City and to work together so when a bigger opportunity comes along, Mr. Collins could vacate the premises quickly. After brief discussion, it was decided a 2% annual increase was appropriate Mr. Collins explained the rent was a total rent plus sales taxes. The lease would be a triple month lease which means he is responsible for the property taxes and insurance on the building, which could be $2K a month. He was unsure the CRA pays taxes on 7 Meeting Minutes Community Redevelopment Advisory Board Boynton Beach, Florida May 11, 2021 the property. Mr. Simon explained with a commercial lease, the CRA is no longer protected by the designation and the property is looked at as a commercial property and the Property Appraiser assesses it accordingly. Discussion followed that Mr. Collins was not renting all four properties. The taxes on the 401 property was $4,800 a year and $2,784 for the lot between the buildings, which was about $632 a month in taxes. He did not anticipate the terms of the lease would be so expensive they would increase the value for the lease. Chair Grant recommended setting the amount at $500 a month. Mr. Collins favored a flat rate amount. Chair Grant did not think the CRA would lose money by renting the property. The point is to set the lease for at least the first year for a fixed cost not variable. Mr. Simon explained now that they know the lease is not a triple-net lease, the $500 is $132 short of the existing taxes. It was explained the difference would come from the rent and the CRA would not profit $2,500 a month. Board Member Katz had no problem with setting a fixed amount for one year, and a percentage rate the following years. They do not know the property taxes for 2021. It was noted the Property Appraiser is limited to increasing the assessed rate each year to 10% each year. Attorney Rossmell repeated for the first year, the lease would not be a triple net lease, just a capped rate normal lease, but beginning the second year, the lease would convert to an ordinary triple net lease. That number would be added on top of the rent. Mr. Collins asked if then moving forward, that number would be added on top of the rent and learned it would. Mr. Collins advised he could work with that. Chair Grant commented the amount will be spelled out what the monthly rent would be and be all inclusive. Mr. Simon indicated Mr. Collins was interested in discussing the grants available to eligible commercial businesses, which includes half of the rent for the first 18 months of a multi-year lease. It was not agreed to, not proposed, and Mr. Simon asked if they will reduce the first years rent by half. Mr. Collins was ok waiving that for the first year. The new offer did not include commercial grant rent reimbursement. Chair Grant asked if they want to allow up to $50K of commercial grants to the building. Vice Chair Penserga thought the purpose of the building was only to be a temporary home. He did not think it was in the best interest of the CRA. Mr. Collins thought they may not need the interior renovation grant because the building is solid cement. The only question is the front glass. He was fine with that, but he liked the exterior paint and sign assistance. Chair Grant explained they combined the exterior and interior grants. Mr. Collins noted they will have to address the parking lot, which was about $150K Ms. Shutt mentioned the parking lot is about $100K for just the paving and dealing with existing conditions. Because of Mr. Collins' change in use, it resulted in everything being reviewed differently and for safer ingress/egress out of a major arterial road. If the property, except for the 401 property, was demolished, staff would explore a pop-up business in the area and the property could be sodded, accommodate a food truck, or 8 Meeting Minutes Community Redevelopment Advisory Board Boynton Beach, Florida May 11, 2021 have an art show. Staff has not had the opportunity to discuss those uses with the City, but the intent is to re-sod the property. Mr. Collins explained the building is 2,062, square feet and by Code 11 parking spaces are required. If the CRA wants to use that building in the future, they have to decide how much they want to spend. The laundromat has a long-term lease for seven years. The CRA, as a landlord, has to determine how to rent out the space with the parking associated with it and determine the costs. They may have to wait for next year's financing. Mr. Collins pointed out that as a temporary tenant, there is very little chance he will recoup the money they will have to invest in a parking lot in years one, two or three and still be in the black. Mr. Simon explained the CRA Board did not issue an RFP or put up a sign to rent the building. They received unsolicited interest for various potential uses, some of what are the existing use which would not require some of the things that a change of use, which is being proposed, requires. There are other factors in play. Someone will have to build a parking lot and make many upgrades, but it was not what the CRA proposed. Someone was interested in the building that turned into five people wanting the property. The Board is not in a position to solicit someone and would provide amenities. There were no presupposed circumstances or financial assistance that he offered the public to take advantage of and he made no stipulation to anyone that said the CRA would provide items. Board Member Katz thought it raised concerns about changing the use. He agreed it should not be the tenant's responsibility to bring the building up to Code and build a parking lot. If the CRA plans to tear down the building in a year or two, he asked if it was worth spending the money. Board Member Hay asked about the parking and the cost for parking for the entire complex. Chair Grant noted one use was for equipment rental which would not require a change of use. Mr. Collins heard at the planning meeting that when a business moves out and no longer exists, the new codes are in place. Chair Grant commented the CRA after spending $900K to purchase the property has to decide what the best use for the CRA District is. They have to decide if they should sod it and land bank the property or decide if it will be five years before a developer comes in to develop the entire block. He thought it would be at least five years before property owners would decide to sell and the CRA needs to decide this issue. Mr. Collins explained the exterior does not need help, but the parking lot does. Landscaping requirements are also considered exterior improvements. Someone should provide that information before the CRA decides what to do. Vice Chair Penserga thought the sticking point is the parking lot. Mr. Collins noted the lot could have a food truck or other pop up events, but even if he used all the parking 9 Meeting Minutes Community Redevelopment Advisory Board Boynton Beach, Florida May 11, 2021 spaces on the three lots, parking would still not meet Code. By the time he puts equipment in, taxes and insurance, and if they use the existing parking by the building that will be torn down, the spaces are close, but it does not meet the Code. There are about 11 spaces across the front of the property. Mr. Simon explained the decisions for the Board are if the Board wants to turn it into a rental, what is involved and if so, who is responsible for the improvements. Chair Grant asked what the Board was willing to spend to move the project forward. He suggested because the Board selected an applicant, that the Board request the applicant supply the cost to the CRA, including ADA requirements, less his equipment costs, and then the Board decide. Mr. Simon would not recommend entering into the lease agreement without this information. The City will also need to approve it. Mr. Collins explained the last item was to have the right of first refusal. If someone made an offer to buy the three lots, he wanted the opportunity to match the offer. Chair Grant had no problem with that if he is still a tenant. Chair Grant commented instead of first refusal, the purchase price would be nothing less than the CRA's cost. Board Member Katz thought the purpose of the property was to ensure assemblage. He would not be in favor of any sort of lease or sale of the property because then the Board would not have any ability to make sure it is part of an assemblage. Chair Grant thought the tenant should have the ability to match someone else's offer to purchase the three properties did not make sense because if the CRA offers the land as part of a bigger development the Board did not want to give Mr. Collins the right of refusal of nothing. Mr. Simon explained the issue would be publicly noticed and anyone can make an offer. Chair Grant commented as a public entity, the Board cannot sell it without giving Mr. Collins the option to buy it. The CRA would have to go through another 30-day RFP/RFQ. Attorney Rossmell summarized the discussion as follows: The lease terms were on hold until the applicant provides an estimate of the cost to bring the property up to Code. The CRA will analyze it and decide if it wants to move forward with a lease discussion at a future meeting. The Board also discussed other terms which were a 2% increase in rent, a flat fee of $500 for the 2021 year's rent and in 2022, the lease would be a triple net lease. Attorney Rossmell understood when the applicant comes back with costs, CRA staff and Legal would present a lease tentatively revised based on the Board's consideration. Mr. Collins requested the CRA provide an estimate of the insurance. C. Discussion and Consideration of Terms for an RFP/RFQ for the CRA Project Located at 115 N. Federal Highway 10 COMMERCIAL LEASE AGREEMENT This Commercial Lease Agreement (the "Lease") is made on this day of 2021, by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, whose address is 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435, ("Landlord") and C LIFE C FOOD, INC, whose address is 1580 NW 2nd Avenue, #10, Boca Raton, FL 33432 ("Tenant"). Landlord is the owner of land and improvements having an address of 401 and 407 East Boynton Beach Boulevard, Boynton Beach, FL 33435 and as described in Exhibit "A," (the "Demised Premises"). Landlord desires to Lease the Demised Premises to Tenant, and Tenant desires to Lease the Demised Premises from Landlord for the term, at the rental and upon the covenants, conditions and provisions herein set forth. THEREFORE, in consideration of the mutual promises herein contained and other good and valuable consideration, it is agreed: 1. Term. Landlord hereby leases the Demised Premises to Tenant, and Tenant hereby Leases the same from Landlord, for an "Initial Term" of one (1) year, beginning , 2021, and ending , 2022. If Landlord is unable to timely provide the Demised Premises, rent shall abate for the period of delay. Tenant shall make no other claim against Landlord for any such delay. Further, pursuant to the terms and conditions contained herein, Tenant shall have the right to exercise an additional nine (9) twelve (12) month options, providing Landlord receives written notice of said election at least sixty (60) days before the expiration of the current term. 2. Rental. Tenant shall pay to Landlord during the Initial Term the following: A. Year 1: Beginning the fourth month of the Year 1 term, the mk4onthly rental amount of $2,500.00, will be paid in eight (8 ) monthly payments, beginning on , 2021, and continuing through , 20 , The parties agree, however, that no payments are due for the-first three months of the of the Year 1 term months of , 2021, through 12022. B. Option Year 2-10: Annual rent shall increase by two percent (2€%) for each year an option is exercised, paid in twelve (12) equal monthly installments. Beginning the fourth month of the Year 1 term, each installment payment shall have the current sales tax amount added to the monthly payment set forth above, as well as 01486611-1 Landlord: Tenant: Commercial Lease Page 2 of 13 all prorated real and personal property taxes due hereunder, not to exceed five hundred ($500.00) dollars during the Year 1 term, -and shall be due in advance on the first (1st) day of each calendar month during the Lease term. Option Year 2-10, each installment payment shall have the current sales tax amount added to the monthly payment set forth above, as well as all prorated real and personal property taxes due hereunder and shall be due in advance on the first (1st) day of each calendar month during the Lease term. Payments shall be delivered to Landlord at 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435, or at such other place designated by written notice from Landlord. Lease payments received after the 5th day of the month shall be considered late and shall bear a $125.00 late payment charge, which must be paid without demand prior to the next month's payment. C. Notwithstanding anything contained in this Paragraph 2, both Landlord and Tenant shall have the right to terminate this Lease by providing 120 days written notice to the other party. 3. Use. The Demised Premises shall be used for a retail fish market with associated parking and site improvements as shown in Exhibit "B, Conceptual Site Plan". Tenant will adhere to all fire and other regulatory requirements of Boynton Beach, Florida. 4. Assignment. Tenant shall not have the right, without Landlord's consent, to assign this Lease. 5. Subleasing. Tenant shall not have the right to sublet the Demised Premises. 6. Improvements. All improvements to be made by Tenant shall be at Tenant's sole cost and expense and subject to the terms of Paragraph 7 below and consistent with Exhibit "B," Conceptual Site Plan. 7. Repairs. During the Lease term, Tenant shall be responsible for, at Tenant's expense, all maintenance and repairs, which shall include such items as repairs of floors, walls, doors, windows, ceilings, HVAC system, electrical and plumbing, parking lot, landscaping, and exterior building walls, and site components, and other parts of the Demised Premises damaged or worn through their occupancy. Except as otherwise specified herein, Tenant agrees to accept the Demised Premises in "As Is" condition with no improvements required by Landlord. 01486611-1 Landlord: Tenant: Commercial Lease Page 3 of 13 8. Alterations and Improvements. Tenant shall not make any alterations, additions or improvements to the Demised Premises without the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures that may be installed without drilling, cutting or otherwise defacing the Demised Premises. All alterations, additions, improvements and fixtures (other than Tenant's unattached readily movable furniture and office equipment) that may be made or installed by either party upon the Demised Premises, shall remain upon and be surrendered with the Demised Premises and become property of Landlord at the termination of this Lease. Notwithstanding the foregoing, if Landlord requests the removal of such alterations, additions or improvements, Tenant shall remove the same and restore the Demised Premises to their original condition at Tenant's expense. All construction work done by Tenant within the Demised Premises shall only be performed with Landlord's prior express written approval of the scope of work and the person(s) performing such work. Further, such work shall be performed in a good and workmanlike manner and in compliance with all governmental requirements. In the event Landlord does consent to any such additions, alterations or replacements, same will be made in accordance with the following: A. Any such alterations, repairs, replacements or additions will not lessen the value of the said building as it will be as of the Term Commencement Date; B. Tenant will perform such alterations, repairs, replacements or additions, in accordance with the statutes, ordinances, rules, regulations and orders of all public or quasi-public authorities having jurisdiction thereof; C. The Demised Premises will at all times be kept free and clear of all mechanic's, materialmen's, labor or other liens or claims of liens, and Tenant agrees to indemnify, save and hold harmless Landlord from all claims, demands and liability, including damage to person or property arising out of or in connection with any such work. For further security of Landlord, Tenant shall give actual notice in advance that no contractor, subcontractor, or anyone else that may furnish any material, service, or labor to the property at any time shall be or become entitled to any lien thereon whatsoever; D. At all reasonable times during the progress of such construction work, Landlord or persons authorized by Landlord, will have the right to go upon the Demised Premises for the purpose of inspecting the construction work then in progress; and 01486611-1 Landlord: Tenant: Commercial Lease Page 4 of 13 E. At the expiration of the term of the Lease, Tenant will, at its sole expense, remove any improvements constructed by Tenant upon request by Landlord. 9. Property Taxes. Tenant shall be responsible for paying all real and personal property taxes with respect to the Demised Premises. Any and all of said taxes to be prorated and paid by Tenant to Landlord on a monthly basis as provided for in Paragraph 2 above. 10. Insurance. A. If the Demised Premises or any other part of the Building is damaged by fire or other casualty resulting from any act or negligence of Tenant or any of Tenant's agents, employees or invitees, rent shall not be diminished or abated while such damages are under repair, and Tenant shall be responsible for the costs of repair not covered by insurance. B. Insurance. At all times subsequent to the commencement date of the term of this Lease and during the full term, Tenant will keep the Demised Premises covered, at Tenant's sole cost and expense by the following types of insurance: 1) Fire and extended coverage multi-peril insurance in an amount equal to 100% of the full replacement cost of Tenant's furniture, fixtures, inventory and equipment located on the Demised Premises; 2) Claims for personal injury or property damage under a policy of general public liability insurance with limits of $1,000,000.00 per incident, $2,000,000.00 aggregate; and C. All insurance required to be maintained by Tenant will be affected by valid and enforceable policies issued by insurers licensed to do business in the State of Florida, countersigned by an agent licensed to do business in Florida and of recognized responsibility satisfactory to Landlord. Within fifteen (15) days after the commencement of the term of this Lease, Tenant will promptly deliver to Landlord the original policies as specified above and within fifteen (15) days after the premium of each such policy will become due and payable, such premium will be paid by Tenant and Landlord will be furnished with satisfactory evidence of such payment. D. All policies of insurance required to be maintained by Tenant will name Tenant and Landlord as the insureds as their respective interests may appear. If Landlord so requires, the policies of insurance provided for above will be payable to the holder of any mortgage, as the interest of such holder may appear, 01486611-1 Landlord: Tenant: Commercial Lease Page 5 of 13 pursuant to a standard mortgagee clause with the exception of any proceeds payable with respect to any insurance policy covering Tenant's personal property. All such policies will, to the extent obtainable, provide that any loss will be payable to Landlord or to the holder of any mortgage notwithstanding any act or omission of Tenant (other than non-payment of premiums) which might otherwise result in forfeiture of such insurance. All such policies will, to the extent obtainable, contain an agreement by the insurers that such policies will not be canceled without at least ten (10) days prior written notice to Landlord and to the holder of any mortgage to whom loss hereunder may be payable. E. Landlord will keep the building in which the Demised Premises are located insured against loss or damage by fire or other casualty in an amount determined to be reasonable by Landlord. 11. Utilities. Tenant shall pay all charges for electricity, telephone, water and sewer, pest control, typical building and lawn maintenance, alarm/security monitoring, cleaning and housekeeping fees and such other services and utilities used by Tenant on the Demised Premises during the term of this Lease (it being the intention of the Parties to enter into a "triple net" lease). 12. Signs. With Landlord's prior written consent, Tenant shall have the right to place on the Demised Premises, at locations selected by Tenant, any signs which are permitted by applicable zoning ordinances and private restrictions. Landlord may refuse consent to any proposed signage that is in Landlord's opinion too large, unattractive or otherwise inconsistent with or inappropriate to the Demised Premises. 13. Entry. Landlord shall have the right to enter upon the Demised Premises at reasonable hours to inspect the same, provided Landlord shall not thereby unreasonably interfere with Tenant's business on the Demised Premises. 14. Parkin. During the term of this Lease, and subject to reasonable regulations established by Landlord, Tenant shall have the non-exclusive use of the adjacent parking area. 15. Default. A. The occurrence of one or more of the following constitutes a default under the terms of this Lease: 1) Failure to pay rent when due if such failure continues for a period of ten (10) days from its due date; 01486611-1 Landlord: Tenant: Commercial Lease Page 6 of 13 2) Failure to make any payment other than rent when required under this Lease if the failure continues for a period of ten (10) days after the receipt of written notice of such sums being due from Landlord to Tenant; 3) Failure to comply with any provision of this Lease (except under subparagraphs (1) and (2) above) if the failure continues for thirty (30) days after notice from Landlord to Tenant. If the failure to comply is one that requires more than thirty (30) days to correct, Tenant will have a reasonable time to correct it if Tenant begins correction within ten days after the notice and diligently prosecutes correction to completion; 4) Making a general assignment or arrangement for the benefit of creditors, being adjudicated a bankrupt, receiving the benefit of any insolvency, readjustment of debts, reorganization or bankruptcy law, entering into an agreement of composition with creditors, having a receiver or trustee appointed to take possession of Tenant's assets on the property or Tenant's interest under this Lease or the seizing under legal process of Tenant's assets on the property or Tenant's interest in this Lease when the action under this subparagraph is not canceled, discontinued, dissolved or discharged within one hundred twenty (120) days; or 5) If Tenant is a corporation, partnership, or other artificial entity, and any part or all of its shares of stock, partnership interest, or other beneficial interest will be transferred by sale, assignment, bequest, inheritance, operation of law or other disposition so as to result in a change in the present effective voting control of Tenant by the person owning a majority of the shares of stock, partnership or interest, or other beneficial interest on the date of this Lease. B. If a default by Tenant occurs, Landlord may, at Landlord's sole option and discretion: 1) Immediately re-enter and remove all persons and personal property from the Demised Premises, storing the removed property in a public warehouse or elsewhere at Tenant's expense without liability; 2) Landlord may retake possession of the Demised Premises for the account of Tenant and relet the Demised Premises, or any part thereof, for such term or terms and at such rental and upon such other terms and 01486611-1 Landlord: Tenant: Commercial Lease Page 7 of 13 conditions as Landlord may deem advisable, in which event the rents received by Landlord from reletting will be applied first to the payment of such expense as Landlord may be put to in reentering, and then to the payment of the rent due and to become due under this Lease, the balance, if any will be paid over to Tenant, who will remain liable for any deficiency; 3) Landlord may stand by and do nothing and will have the right to sue Tenant as each installment of rent matures, or accelerate the balance of installments due and sue for same; or 4) Terminate this Lease by notice to Tenant in which event Tenant will immediately surrender possession of the Demised Premises and to Landlord and all rent due and to become due under this Lease throughout the remainder of the Lease Term shall be accelerated and become due forthwith. 5) Take any other action provided for under Florida law. C. In addition to any other loss or damages that Landlord sustains because of Tenant's default, Tenant will pay all expenses of repairs to the Premises or the property on which the Demised Premises are located required as a result of its tenancy, transfer and storage charges for Tenant's personal property removed from the Demised Premises, costs, expenses and reasonable attorney's fees for enforcing or construing this Lease, whether for trial, appeal or otherwise. D. All remedies of Landlord are cumulative to each other and to any other remedies given by law. All rights of Landlord on Tenant's default apply to an extension of this Lease. By making a payment for Tenant or from any security deposit, Landlord does not waive Tenant's default or any right Landlord has because of the default except to the extent that any such default has been cured by the application of the Security Deposit and provided said Security Deposit has been replenished as provided for elsewhere herein. 16. Quiet Possession. Landlord covenants and warrants that upon performance by Tenant of its obligations hereunder, Landlord will keep and maintain Tenant in exclusive, quiet, peaceable and undisturbed and uninterrupted possession of the Demised Premises during the term of this Lease. 17. Condemnation. If any legally constituted authority condemns the Building or such part thereof which shall make the Demised Premises unsuitable for leasing, this Lease shall 01486611-1 Landlord: Tenant: Commercial Lease Page 8 of 13 cease when the public authority takes possession, and Landlord and Tenant shall account for rental as of that date. Such termination shall be without prejudice to the rights of either party to recover compensation from the condemning authority for any loss or damage caused by the condemnation. Neither party shall have any rights in or to any award made to the other by the condemning authority. 18. Security Deposit. Landlord acknowledges receipt of the sum of $5,000.00 representing the first and last month's rent and $2,500.00 which sum represents a security deposit hereunder ("Security Deposit"). In the event that Tenant fails to comply with the terms and provisions of this Lease, Landlord may use said Security Deposit to the extent necessary for the purpose of correcting any defaults of Tenant. In the event that all or any portion of the Security Deposit is so applied, Tenant will fully replenish the Security Deposit within five (5) days of demand. The Security Deposit need not be kept in a separate interest-bearing account and may be commingled with Landlord's general funds. 19. Notice. Any notice required or permitted under this Lease shall be deemed sufficiently given or served if hand-delivered, sent by overnight carrier (with delivery confirmation) or sent by United States certified mail, return receipt requested, addressed as follows: A. If to Landlord to: Michael Simon, Executive Director Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue, 4th Floor Boynton Beach, FL 33435 with copy to: Tara Duhy, Esquire Lewis, Longman & Walker, P.A. 1500 N. Flagler Drive, Suite 1500 West Palm Beach, FL 33401 B. If to Tenant, to: Lucinda McGraw, President C Life C Food, Inc. 1580 NW 2nd Avenue, #10 Boca Raton, FL 33432 with a copy mailed to the address of the Demised Premises. 01486611-1 Landlord: Tenant: Commercial Lease Page 9 of 13 Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. 20. Brokers. Tenant represents that Tenant was not shown the Demised Premises by any real estate broker or agent and that Tenant has not otherwise engaged in any activity which could form the basis for a claim for real estate commission, brokerage fee, finder's fee or other similar charge in connection with this Lease. Tenant indemnifies, saves and holds Landlord harmless for same. 21. Waiver. No waiver of any default of Landlord or Tenant hereunder shall be implied from any omission to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. One or more waivers by Landlord or Tenant shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition. 22. Headings. The headings used in this Lease are for convenience of the parties only and shall not be considered in interpreting the meaning of any provision of this Lease. 23. Successors. The provisions of this Lease shall extend to and be binding upon Landlord and Tenant and their respective legal representatives, successors and assigns. 24. Consent. Landlord shall not unreasonably withhold or delay its consent with respect to any matter for which Landlord's consent is required or desirable under this Lease. 25. Compliance with Law. Tenant shall comply with all laws, orders, ordinances and other public requirements now or hereafter pertaining to Tenant's use of the Demised Premises. Landlord shall comply with all laws, orders, ordinances and other public requirements now or hereafter affecting the Demised Premises. 26. Final Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties. 27. Governing Law. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Florida. 28. Guaranty. Guarantors hereby absolutely and unconditionally guarantee the full performance and observance of all of the covenants, duties and obligations (including, without limitation, the obligation to pay all rent and other sums) therein provided to be performed and observed by Tenant, pursuant to this Lease; and Guarantors hereby 01486611-1 Landlord: Tenant: Commercial Lease Page 10 of 13 make themselves fully liable for such performance. This Guaranty was reviewed by Guarantors and Guarantors acknowledge and agree that Guarantors fully understand all of the terms of this Guaranty and the consequences and implications of Guarantors execution of this Guaranty; and has been afforded an opportunity to have this Guaranty reviewed by and to discuss the terms, consequences and implications with an attorney or such other persons as Guarantors may have desired. 29. Public Records. Landlord is a public agency subject to Chapter 119, Florida Statutes. The Tenant is hereby notified that the Landlord is required by law, pursuant to Chapter 119, to maintain and disclose upon request all records deemed public under the statute including this Lease. To the extent that any litigation should be instituted by Tenant, either directly or as a third party, to prevent or prohibit Landlord from disclosing or providing information involving this Lease pursuant to a public records request submitted under Chapter 119, Tenant agrees that Landlord may either: 1) defend the claim up to and including final judgment, or 2) interplead the challenged information into the court. In either event, Tenant agrees to pay Landlord's reasonable attorneys' fees and costs, both trial and appellate. 30. Attorneys' Fees. In any legal proceeding, arbitration action, or enforcement action (whether or not a lawsuit is filed) arising under or in any way related to this Lease or related in any way to Tenant's occupancy or use of the Premises, the prevailing party shall recover from the non-prevailing party its attorneys' fees, costs, and expenses (including, without limitation, expert witness fees). [THIS PAGE IS LEFT BLANK INTENTIONALLY] 01486611-1 Landlord: Tenant: Commercial Lease Page 11 of 13 IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written. LANDLORD: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Steven B. Grant, Chair TENANT: C LIFE C FOOD, INC By: Lucinda McGraw, President By: Lucinda McGraw, Individually By: Timothy Collins, Individually 01486611-1 Landlord: Tenant: Commercial Lease Page 12 of 13 EXHIBIT "A" LEGAL DESCRIPTION Lots 5 and 6, Arden Park, according to the map or plat thereof as recorded in Plat Book 2, Page 96; LESS and Except that portion conveyed to the State of Florida for road right or way in Official Record Book 1328, Page 369, Public Records of Palm Beach County, Florida. 01486611-1 Landlord: Tenant: Commercial Lease Page 13 of 13 EXHIBIT "B" CONCEPTUAL SITE PLAN 01486611-1 Landlord: Tenant: Simon, Michael From: Tim Collins <tcollins129@gmail.com> Sent: Friday, June 4, 2021 11:59 AM To: Simon, Michael; Shutt, Thuy; Nicklien, Bonnie; Utterback, Theresa Subject: Re: May 11, 2021, CRA Board mtg - Draft Commercial Lease Agreement - 401-407 E. BB Blvd My recollection of the meeting was that they were only requesting the cost of the parking lot construction. Not the cost of our interior build out. We are proposing a neat clean retail fish market with new equipment which is a major upgrade over what my business was previously. I'm working with Steven Myott, a Boynton Beach based Architect and Rossco Construction a Palm Beach County Based Contractor. We are going to bring a vibrant, exciting and attractive new business to a corner of Boynton Beach Blvd that has not looked very appealing for decades. The scope of our buildout will be minimal. We intend to utilize the building in a similar layout to its current configuration in as far as the front area utilized for Retail Market space and the rear area for Walk In Coolers, Office Space and Dry Storage. We will Be replacing the center wall with a Code Approved metal stud and drywall construction. We will be reconfiguring the access to the restroom for greater access to our customers. Our budget for the Completion of the interior buildout is $30,000. Our current rough estimate is $27,200. Our equipment budget is$70,000 and we have an existing Financing Relationship with Vend Lease that is waiting for our requisition order to issue a commitment. Our cost to complete that financing will be$5200 out of pocket. I have requested quotes from more than one Paving company to get an idea on the cost of construction. I will not have an estimate prior to 12:OOpm today. All expenditures on this project have been put on hold until we take a step forward. I am in regular communication with the Florida Department of Transportation.The Boynton Beach Code Department mentioned that the State DOT would not allow the current parking. We are working on an alternate plan that they would approve that would negate the need to build the parking lot.They are willing to work with us on this. I will begin to include you or forward you the email communications we are having. This is the best that I can do ahead of the noon Deadline today. Thank you, Tim Collins The Fish Depot (954)415-4825 Sent from my iPhone 1 On Jun 3, 2021, at 9:03 AM, Simon, Michael <SimonM@bbfl.us>wrote: Good morning Tim: As you know, the discussion with the Board regarding revisions to the lease agreement involved only a couple of items. The more important information involves the full scope of work required and the costs of the construction for your proposed renovation on CRA property. Even if you agree to the minor revisions in the lease agreement, I would not recommend that the CRA Board approve the lease until such time as they are provided the detailed and complete project scope and costs. Int=ichael Simon, FRA-RA, CP3P, LRE Executive Director Boynton Beach Community Redevelopment Agency 100 Iv, Ocean Ave, Boynton Beach, Florida 33435 561-600-9091 _ 561-73 7-325 imonM@bbfl.us http://www.boyntonbeachcra.com LJ America's Gateway to the Gulfstream 2 Please be advised that Florida has a broad public records |avv and all correspondence to me via email may be subject to disclosure,Under Florida records law, email addresses are public records, Therefore, your e-mail communication and your e-mail address may be subject to public disclosure, From:Tim Collins Sent: Wednesday,June 2, 2O2l5:52PM To: Simon, Michael Cc: Shutt,Thuy Utterback,Theresa Nick|ien, Bonnie Subject: Re: May 11, 2021, CRA Board mtg Draft Commercial Lease Agreement 401-40 E. BB Blvd Thank you Michael, With 44 hours until your noon Friday deadline, some of this is going to be difficult to accomplish by noon Friday. VVeare still waiting onacouple bids onthe parking construction. | will get this to attorney immediately and request that he review it ASAP so we can let you know ofany new concerns with the re-write. Tim Sent from my iPhone On]un 2, 2021, at 4:31 PM, Simon, Michael wrote: Good afternoon Mr. Collins: Attached for your review please find the revised draft Commercial Lease Agreement based on the CRA Board's direction for property located at 401 E. Boynton Beach Boulevard, Boynton Beach. VVehave provided the revised draft inWord format inorder that you or your attorney may make any additional edits or comments to the document under the"track changes"option. Once we obtain a more accurate cost for the required CRA insurance, wewill forward ittoyou. 3 As a reminder, the CRA Board requested a renovation/activation construction cost breakdown from you to be included with the revised lease agreement and presented to them at the June 8th meeting. We will need those costs no later than noon on Friday, June 4th in order for the information to be presented to the Board. If you aren't ready with the construction costs in time for the June 8th meeting,just let me know and we'll move the item to the Board's July 13th meeting. Thank you very much. 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 _ 561-737-325 imonM@bbfLus http://www.boyntonbeachcra.com 0 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 sub, disclosure,Under Floridarecords law, email addresses arra public: records, Iffierefore, your e-mail communication your e-mail address may be subject to public: disclosure, From:Tim Collins<tcollins129@gmail.com> Sent:Thursday, May 6, 20214:47 PM To: Simon, Michael <SimonM@bbfl.us> Subject: Re: Draft Commercial Lease Agreement-401-407 E. BB Blvd 4 From: Shutt,Thuy To: Tim Collins Cc: Utterback,Theresa;Curfman,Vicki;Nicklien,Bonnie Subject: RE: 401 E. Boynton Beach Blvd.-Fish Depot Project Costs for October 12th CRA Board Meeting Date: Wednesday,September 22, 20215:54:00 AM Good morning, Mr. Collins, Please be advised that your deadline for submitting the previously requested supportive documents, consisting of the renovation/activation construction cost breakdown for the building and site, edits to the revised lease agreement, and the completed credit authorization form are due on Friday, October 1, 2021, 12:00 p.m. for the October 12, 2021 CRA Agenda and Board meeting. The link below contains the latest draft lease agreement that was forwarded to you for review on June 3, 2021 by former Executive Director, Michael Simon. file:///C:/Use rs/shuttt/Downloads/6.2.21 rev Commercial Lease 401- 407 E BB BLVD LLW aoprvd draft%2O 2 pdf Thank you. From: Shutt, Thuy Sent: Friday, September 10, 20216:24 PM To: Tim Collins <tcollins129@gmail.com> Subject: RE: 401 E. Boynton Beach Blvd. - Fish Depot Project Costs for August 10th CRA Board Meeting Hello, Mr. Collins, Mike's last day was August 11th after our CRA Board meeting. I did get the message but we were in the midst of our Board packet production. Unfortnately, our deadline for submission for your item was noon last Thursday, September 2nd per my August 23rd email, not today. I will send you the agenda information and instructions on how to participate virtually if that is your choice. Thank you. From: Tim Collins <tcollins129C@Rmail.com> Sent: Friday, September 10, 202111:15 AM To: Shutt, Thuy<Shutts> Subject: Re: 401 E. Boynton Beach Blvd. - Fish Depot Project Costs for August 10th CRA Board Meeting Good morning Thuy, I was unaware that Michael left the CRA when I called to speak to him a little while ago. I did leave a message for you to call me back as you were in a meeting understandably and not sitting around waiting for me to call you. I have made some progress and wanted to have a discussion & give you an update prior to the noon deadline today. I look forward to speaking to you. Tim Collins The Fish Depot 954-415-4825 Sent from my iPhone On Aug 23, 2021, at 1:55 PM, Shutt, Thuy<ShuttT@bbfl.us>wrote: Please see attached and below for the latest correspondences and draft lease agreement. Thank you. https://bovntonbeach.novusapenda.com/a endapublicZCoverSheet.aspx? Item ID=11222&MeetinPID=372 Thuy S-hu'LL, AIA, FRA-RA iE r vY; I:.Xe1 ui l%e i;:."e1—Or (};-yV_.:on 1 each Con U ate. evel`w Y eriL Agency c'`: 00 0-ean Ave. Rja 33413,5 .)'.}_ `-huUT:' JJrl .} http://www.boyntonbeachcra.com America's Gateway to the Gulfstream D nye a ��� �c.� u . . 0 a� u n� u. �n� _ �e_ . � .uv� u .. u �0 � 11e r e <<o mevia email maybe subiecttodisc|osureUnder F|orida records |aw\ emai| addresses are pub|icrecords� Therefore, youre'mai| communication and youre'mai| address may be subiectto pub|icdisc|osure� From: Shutt, Thuy Sent: Monday, August 23, 2O211:46PM To: Tim Collins Cc Utterback, Theresa Nick|ien, Bonnie Subject: RE: 4O1E. Boynton Beach Blvd. Fish Depot Project Costs for August loth CRA Board Meeting Good afternoon, Mr. Collins, Please be advised that all supportive documents previously mentioned in Mike's email/correspondences with you (see below), including the completed credit authorization form are due onThursday, September 2, 2O21, 12:OOp.m. for the September 14, 2O21CRA Agenda and Board meeting. Thank you. From: Shutt, Thuy Sent: Monday, August 2, 2O213:45PM To: Tim Collins < Cc: Simon, Michael Utterback, Theresa Nick|ien, Bonnie Subject: RE: 4O1E. Boynton Beach Blvd. Fish Depot Project Costs for August loth CRA Board Meeting Good afternoon, Mr. Collins, Thank you for your response. Based onyour email below, itlooks like you are still working on the required items that is needed for the project. Staff cannot complete our work for the August loth Agenda item without the required items which includes the supportive documents previously mentioned in Mike's email/correspondences with you (see attached\, including the completed credit authorization form. This item U emv� bemovedtotheSeptember14th CRA meeting. The submission for that agenda is Thursday, September 2, 2021, 12:00 p.m. due to the observance of the Labor Day holiday onMonday, September 6, 2O21. Sincerely, From: Tim Collins To: Shutt, Thuy<ShuttT anbbfl.us> Cc: Simon, Michael <SimonM anbbfl.us>; Utterback, Theresa <UtterbackT anbbfl.us>; Nicklien, Bonnie <NicklienB anbbfl.us> Subject: Re: 401 E. Boynton Beach Blvd. - Fish Depot Project Costs for August 10th CRA Board Meeting Good afternoon Thuy, My apologies for not responding sooner to your email from Monday. I was hoping to have all the items for this review completed for the boards review by today. We are still waiting on multiple cost estimates and revised drawings. I will not be able to supply the CRA with these items today. I realize the impact of this on the City & My business. There is also an impact on our community being without a fish market while Capt Franks is Closed every August & September. I request that we continue this item to be discussed at the September Meeting durning the August 10th Board meeting. Thank you, Tim Collins The Fish Depot 954-415-4825 Sent from my iPhone On Jul 26, 2021, at 5:48 PM, Shutt, Thuy<ShuttT@bbfl.us>wrote: Good evening, Mr. Collins, As a follow up to our July 2, 2021 meeting, this is a courtesy notice to advise you that all requested supportive documents, consisting of the renovation/activation construction cost breakdown and the revised lease agreement, for the project will need to be submitted no later than Friday, July 30, 2021, 12:00 p.m. to allow sufficient time for review and coordinate with legal counsel on the Lease Agreement. Thank you. Thuy S-hu'U, AIA, FRA-RA 7; Boynton Beach [ommunityRedeve|opmentAgency l00 OceanAve, � BoyntonBeach, F|orida 22425 - - America's Gateway to the Gulfstream P|ease be advised that F|orida has a broad pub|ic records |aw and all correspondenceto mevia emai| aybe subjecttodisc|osure�Under Florida records |aw, emai| addressesare pub|icrecords� Therefore, youre' mai| communicationandyoure'mai| addressmaybesubiecttopub|ic disc|osure, <mime-attachmeN> <mime-attachmeN> From: Tim Collins To: Shutt,Thuv Cc: Utterback,Theresa;Curfman,Vicki Subject: Re: 401 E. Boynton Beach Blvd.-Fish Depot Project Costs for October 12th CRA Board Meeting Date: Thursday,October 7,20215:57:18 PM The $55,000 is only the cost of bringing the parking for that property up to code. I'm waiting on my sister to return the credit application that I promised to have to you by Monday. I've been under some hard deadlines this week with our SBA Grant& EIDL files & should be able to work on getting you these other estimated figures tomorrow. As far as the lease revisions go? We will have to re-address them once we know where we stand on the parking, credit approval and estimates. We have wandered pretty far from the CRA Board approved LOI and we may want to revise some of the terms depending on where all this ends up. I do have an 8:00 am meeting in downtown Miami in the morning, a much busier evening than normal tonight with tonight's Grateful Dead concert cancellation in WPB and we have Atlantic High's high school reunion tomorrow night. I will do my best to address these items as soon as possible now that I have overcome Covid and back to work& full health. Talk soon, Tim Sent from my iPhone On Oct 7, 2021, at 12:03 PM, Shutt, Thuy <ShuttT@bbfl.us>wrote: Good morning, Tim, I wanted to follow up with you to see if you can send the cost estimates you had referenced in your email (see highlight below). I have looked in our files and have spoken to Mike Simon this week and he said that no cost estimate was submitted to him for your project while he was here. The only correspondence I received from you before the September 14th meeting is attached. Is this the $55,000 you referenced? Also what is the cost for the minimum renovation of the building for your use? I want to accurately represent this to the Board. If you don't have that, please state that in your response to this email. Thank you. lhuy �hutt, NA, FRA-RA ExecutiveDirecror Boynton Reach [ommunityRedeve|opmentAgency 1OOE. OceanAve. I Boynton Reach, F|orida -.3-.3'J-,3'5 561'6OO'9O98 Shutt|6, bbfius I http://wvvvv.bnyntnnbeachcra.00m America's Gateway tothe Gulfstream Please be advisedthat F|orida has broad pubUcrecords |awand all correspondenceto me via email may besuL'ectto disc|osure.Under Florida records law, email addresses are public records�lherefore, youre'mai| communicationandyoure'mai| addressmaybesu�ectto pubUcdisc|osure From: Tim Collins <tcoUins129@Omaiicom> Sent: Friday, October 1, 20214:53 PM To: Utterback, Theresa <UtterbackT@bbflus> Cc: Shutt, Thuy<ShuttT@bbfl.us> Subject: Re: 401 E. Boynton Beach Blvd. Fish Depot Project Costs for October 12th CRA Board Meeting Thank you! |'|| do my best get the credit form completed & retuned by Monday. Tim Sent from my iPhone On Oct 1, 2021, at 4:36 PM, Utterback, Theresa < Hello Mr. Collins, Attached are the credit authorization forms and the lease inWord. Have anice weekend and aspeedy recovery. Theresa Theresa Utterback Deve|opmentServicesManager Boynton Beach [ommunityRedeve|opmentAlgency l001 OceanAve, BoyntonBeach, F|orida 22425 America's Gateway to the Gulfstream P|easebeadvisedthatF|oridahasabroadpub|icrecords |awanda|| correspondenceto mevia emai| maybe subjecttodisc|osure�Under F|orida records |aw, emai| addressesare pub|icrecords� Therefore, youre' mai| communicationandyoure'mai| addressmaybesubiecttopub|ic disc|osure, From: Tim Collins Sent: Friday, October 1, 2O211O:45AM To: Shutt, Thuy Utterback, Theresa Nick|ien, Bonnie Curhnan, Vicki Subject: Fwd: 401 E. Boynton Beach Blvd. Fish Depot Project Costs for October 12thCRA Board Meeting Good morning Thuy, | did not receive a response to my email & request below from September 29th, 2O21. The link you sent metothe most recent version ofthe lease on September 22nd, 2021 does not open. | also requested the Credit application to be resent. With less than two hours left I do not believe that there is enough time for those two items to be addressed before the noon deadline for the October Board Meeting. I am also still testing positive for Covid and trying to get into my doctor today because I'm not feeling 100% as I was previously from the medications that ended last weekend. You do have the estimate for the approved parking upgrade that I supplied to you prior to the September meeting. In our June meeting the former director stated that once we have an estimate he would be willing to consider recommending to the board that the CRA supply financial assistance with some or all of this cost. I do hope that is still the case.) was asked by the Board chair to go make copies of what I sent you to share with the Board during the Technical stoppage in the September meeting. I waited at that meeting until almost Midnight for the opportunity to address this issue only to have it continued until October's meeting. As stated previously, we plan to make minimal changes to the space for it to work for our requirements. However, there should also be some sharing of costs to bring the site up to current code and to ADA compliance. I do have some rough figures from the subcontractors for Electrical, Plumbing and HVAC to meet our requirements. We have equipment lists and an existing relationship with a firm to finance all of the equipment and installation of the major items. Until we have an agreement on how the $55,000 cost to update the parking is going to be managed. I don't see spending more money on architects, contractors, engineers or lawyers than I have already invested. If all the costs are going to fall on us, then the approved LOI is not really the same agreement that was approved and accepted by the board and we will need to revisit the terms of the lease. Once we have this cleared up we can make requests for the appropriate changes. The parking has to be addressed in order for the City to lease the building to any tennant. My LOI that was approved by the board had provisions in it for us to be eligible to receive any and all available grants &funding the CRA provides. The sense of urgency that we originally had was to keep our previously existing customer base that we built up over 7 years in our location at 1022 N Federal providing the Boynton Beach community with the freshest seafood. Now that our previous location has been closed for seven months there is far less urgency and we would rather get this right rather than make too many concessions in order to open as quickly as possible. Please send a working link to the most recent copy of the lease that you have and a new credit application and I will get them completed as quickly as possible. Thank you for your time & consideration, Tim Collins The Fish Depot 954-415-4825 ---------- Forwarded message --------- From: Tim Collins<tco11ins129na gmail.com> Date: Wed, Sep 29, 2021 at 11:36 AM Subject: Re: 401 E. Boynton Beach Blvd. - Fish Depot Project Costs for October 12th CRA Board Meeting To: Shutt, Thuy<ShuttTna bbfl.us> Hi Thuy, The link for the latest lease version does not open. Can you also resend the Credit Authorization form? I have been dealing with Covid since the last meeting and just getting back to work on these items. I'm still testing positive, but am working to get these items completed &to you by Friday. Thanks, Tim On Wed, Sep 22, 2021 at 5:54 AM Shutt, Thuy<ShuttT@bbfl.us>wrote: Good morning, Mr. Collins, Please be advised that your deadline for submitting the previously requested supportive documents, consisting of the renovation/activation construction cost breakdown for the building and site, edits to the revised lease agreement, and the completed credit authorization form are due on Friday, October 1, 2021, 12:00 p.m. for the October 12, 2021 CRA Agenda and Board meeting. The link below contains the latest draft lease agreement that was forwarded to you for review on June 3, 2021 by former Executive Director, Michael Simon. file:///C:/Use rs/sh uttt/Down loads/6.2.21 rev Commercial Lease 401- Thank you. ThuyShutt, AIA, FRA-RA ExecutiveDirector Boynton Beach [ommunity Redeve|opmentA�ency lODE. OceanAve. � Boynton Beach, F|orida 22425 - America's Gateway to the Gulfstream P|easebeadvisedthatF|oridahasabroadpub|icrecords |awanda|| correspondenceto mevia email maybe subjecttodisc|osure�Under F|orida records |aw, emai| addresses are pub|icrecorderefore, your e'mai| communicationandyoure'mai| addressmaybesubjectto pub|icdisc|osure. From: Shutt, Thuy Sent: Friday, September 1O, 2O21624PM To: Tim Collins Subject: RE: 4O1E. Boynton Beach Blvd. Fish Depot Project Costs for August 1OthCRA Board Meeting Hello, Mr. Collins, th Mik�slast day was August 11 after our CRA Board meeting. | did get Unfortnately, our deadline for submission for your item was noon last Thursday, September 2nd per my August 23rd email, not today. I will send you the agenda information and instructions on how to participate virtually if that is your choice. Thank you. From: Tim Collins <tcollins129@g ail.com> Sent: Friday, September 10, 202111:15 AM To: Shutt, Thuy<ShuttTna bbfl.us> Subject: Re: 401 E. Boynton Beach Blvd. - Fish Depot Project Costs for August 10th CRA Board Meeting Good morning Thuy, I was unaware that Michael left the CRA when I called to speak to him a little while ago. I did leave a message for you to call me back as you were in a meeting understandably and not sitting around waiting for me to call you. I have made some progress and wanted to have a discussion & give you an update prior to the noon deadline today. I look forward to speaking to you. Tim Collins The Fish Depot 954-415-4825 Sent from my iPhone On Aug 23, 2021, at 1:55 PM, Shutt, Thuy <ShuttTna bbfl.us>wrote: Please see attached and below for the latest correspondences and draft lease agreement. Thank you. httas://boyntonbeach.novusagenda.com/a®e�pubIic/CoverSheet.asQx? Item ID=11222&MeetinglD=372 Thuy S-hu'LL, AIA, FRA-RA Inwr o l e a �.h w Y yr R e`ve Y:e ft encv 4 http://www.boyntonbeachcra.com America's Gateway to the Gulfstream 1-1 e_ h a ins a oa u w u .d all -,Or rr .. "iclence t0 rnel s ernail rT a V e s ec << _ e. c" u rc _ a v , err a u. e are E.:-`w �:. I�;C E.Yw rE , ;`wr e. Y,a. cw Y rrU-nc,a .`w:."i O t:Ure. From: Shutt, Thuy Sent: Monday, August 23, 20211:46 PM To: Tim Collins <tcollins129@gmail.com> Cc: Utterback, Theresa <UtterbackTna bbfl.us>; Nicklien, Bonnie<NicklienB@bbfl.us> Subject: RE: 401 E. Boynton Beach Blvd. - Fish Depot Project Costs for August 10th CRA Board Meeting Good afternoon, Mr. Collins, Please be advised that all supportive documents previously mentioned in Mike's email/correspondences with you (see below), including the completed credit authorization form are due on Thursday, September 2, 2021, 12:00 p.m. for the September 14, 2021 CRA Agenda and Board meeting. Thank you. From: Shutt, Thuy Sent: Monday, August 2, 20213:45 PM To: Tim Collins <tcollins129@gmail.com> Cc: Simon, Michael <SimonMna bbfl.us>; Utterback, Theresa <UtterbackT@bbfl.us>; Nicklien, Bonnie <NicklienBna bbfl.us> Subject: RE: 401 E. Boynton Beach Blvd. - Fish Depot Project Costs for August 10th CRA Board Meeting Good afternoon, Mr. Collins, Thank you for your response. Based on your email below, it looks like you are still working on the required items that is needed for the project. Staff cannot complete our work for the August 10th Agenda item without the required items which includes the supportive documents previously mentioned in Mike's email/correspondences with you (see attached), including the completed credit authorization form. This item will be moved to the September 14th CRA meeting. The submission for that agenda is Thursday, September 2, 2021, 12:00 p.m. due to the observance of the Labor Day holiday on Monday, September 6, 2021. Sincerely, From: Tim Collins <tcollins129@gmail.com> Sent: Friday,July 30, 202112:43 PM To: Shutt, Thuy<ShuttTna bbfl.us> Cc: Simon, Michael <SimonMna bbfl.us>; Utterback, Theresa <UtterbackTna bbfl.us>; Nicklien, Bonnie <NicklienBna bbfl.us> Subject: Re: 401 E. Boynton Beach Blvd. - Fish Depot Project Costs for August 10th CRA Board Meeting Good afternoon Thuy, My apologies for not responding sooner to your email from Monday. I was hoping to have all the items for this review completed for the boards review by today. We are still waiting on multiple cost estimates and revised drawings. I will not be able to supply the CRA with these items today. I realize the impact of this on the City & My business. There is also an impact on our community being without a fish market while Capt Franks is Closed every August & September. I request that we continue this item to be discussed at the September Meeting durning the August 10th Board meeting. Thank you, Tim Collins The Fish Depot 954-415-4825 Sent from my iPhone On Jul 26, 2021, at 5:48 PM, Shutt, Thuy <ShuttTna bbfl.us>wrote: Good evening, Mr. Collins, As a follow up to our July 2, 2021 meeting, this is a courtesy notice to advise you that all requested supportive documents, consisting of the renovation/activation construction cost breakdown and the revised lease agreement, for the project will need to be submitted no later than Friday,July 30, 2021, 12:00 p.m. to allow sufficient time for review and coordinate with legal counsel on the Lease Agreement. Thank you. Thuy S-hu'U, AIA, FRA-RA 7; i,OVrqon 1 each 1.w Y yr Re evelorrnenFL Agency �, 1100 1-. (-),,---ea n Ave. 1 (each, w" a 3.3-.3,) ;,;r_<_T 161r°` � , http://www.boyntonbeachcra.com i 0 America's Gateway to the Gulfstream t �� nit a�:���. t �� u .: us u oa e n i , re � :t c « nes v r.,a r a': a c au , eJrr ..ill ,a are :. 1 ;c � � r,a. r r: aL: r; u �< L O t:Ure. <m i me-attach ment> <m i me-attach ment> <6.2.21—rev—Commercial Lease-401-407 E BB BLVD_LLW apprvd draft.doc> <Credit Authorization Form.pdf> <mime-attachment> i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD M EETING OF: November 9, 2021 OLD BUSINESS AGENDAITEM: 16.E. SUBJECT: Consideration of a Second Amendment to the Purchase and Development Agreement to delete the Flex Space for a New Neighborhood Officer Program Office in the Ocean Breeze East Project SUMMARY: The construction for the 123 unit, affordable multi-family rental Ocean Breeze East Apartment project was completed in December of 2020. Under the Purchase & Development Agreement with CMC for the Ocean Breeze East Apartments project, the CRA negotiated the creation of flex space to be used as the Neighborhood Officer Program (NOP) office. This section was amended as part of the First Amendment to the Purchase & Development Agreement (see Attachments I and 11). At the October 12, 2021, CRA Board meeting, the Board approved the relocation of the NOP office to the MLK Jr. Boulevard Commercial portion of the mixed use project but did approve CMC's request to convert the space for storage for the residential development. The Board also directed staff to work with Centennial Management Corp. (CMC) to get the cost of the interior buildout of the flex space (see Attachment 111). The interior improvement costs for the flex space are provided in Attachment IV and funding for buildout has not been budgeted in FY 2021-2022. A $50,000 allocation was suggested by Chair Grant at the October CRA meeting. Staff recommends that the buildout not occur until a tenant can be identified but an amount of funding to be determined by the Board can be set aside for the design fees and basic tenant improvements. Additional funding for the interior improvements may also be reallocated as part of the FY 2021-22 Budget Amendment process or as part of the FY 2022-2022 Budget. FISCAL IMPACT: FY 2021-2022 Project Fund Budget; #02-58100-203, $15,000 (design fees) FY 2021-2022 Project Fund Budget; #02-582000-405, $50,000 (tenant buildout) CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve an amount not to exceed $65,000 for the design and interior buildout of the flex space within the Ocean Breeze East Apartment Project. 2. Do not approve funding of the design and interior buildout of the flex space within the Ocean Breeze East Apartment Project. 3. Approve the Second Amendment to delete the requirement to provide space for the Neighborhood Officer Program (NOP) Office use, leaving the space for community use, from Paragraph 19.2.h), of the Purchase & Development Agreement for the Ocean Breeze East Apartment Project (OBE), and authorize Board Chair to execute the Second Amendment the Purchase and Development Agreement for the OBE Project on behalf of the Board. 4. Alternative direction as determined by the CRA Board. ATTACHMENTS: Description D Attachment I -OBE Executed Purchase & Development Agreement D Attachment II - FirstAmendment to the OBE Purchase and Development Agreement D Attachment III -October 12, 2021 CRA Board Meeting Minutes D Attachment IV -OBE Flex Space Building Cost Estimate 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 BC}YNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, apublic agency created pursuant toChapter 163, Part 111, of the Florida Statutes (hereinafter "SELLER") and OCEAN BREEZE EAST APARTMENTS LLC or its affiliated assignee (hereinafter"PURCHASER",and together with the SELLER, the "Parties"). In consideration of TEN DOLLARS AND 08/100 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. . SELLER agrees tosell and convey toPURCHASER 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 mfthe Property will beeffected inorder toreduce slum and blight and toenable the construction of an affordable new housing community as set forth herein (the "Project") on the site ofthe former housing project known asOcean Breeze East. 2. PURCHASE PRICE AND . The Purchase Price for the Property shall be EIGHT HUNDREDTHOUSAND AND 00/100 DOLLARS ($800,000.00) 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. AnInitial Deposit inthe amount ofTWENTY-FIVE THOUSAND AND 00/100 ($25,000.00) (hereinafter "Initial Deposit") shall be deposited with Lewis, Longman & Walker, P.A. (hereinafter "Escrow Agent") within two /2> business days following execution hereof bythe Parties, The Initial Deposit shall befully refundable tmPURCHASER, |fprior tathe expiration of the Feasibility Period (an hereinafter de0ned), the PURCHASER advises SELLER in writing that ddoes not intend tocomplete the purchase ofthe Property. 3.lSecond . An additional deposit in the amount of TWENTY-FIVE THOUSAND AND OO/1OO ($25,O0O.DO), which together with the Initial Deposit shall be referred toasthe"Deposit,"shall bedeposited with the Escrow Agent,atthe end ofthe Feasibility Period (as hereinafter described). The Deposit shall benon-refundable toPURCHASER, except upon (i) failure by SELLER to satisfy any conditions precedent to closing; or (ii) default by SELLER hereunder.. All interest accruing onthe Deposit, ifany, shall becredited tothe Party entitled to retain the Deposit in the event of the cancellation ortermination hereof.At closing,the Purchase Price shall be payable in cash, less the Deposit, and subject to proreUons and adjustments set forth herein. 4. EFFECTIVE DATE. The date of this Agreement (the "Effective Date") shall be the date when the last one ofthe SELLER and PURCHASER has signed this Agreement. 009mo+z 5. CLOSING. The PURCHASER'S obligation to dose on the purchase of the Property iscontingent onthe following: a) PURCHASER'ssubmittal ofaformal application for anallocation of99&Low Income Housing Tax Credit's (UHTC)from Florida Housing Finance Corporation (the "AUocation") prior to the last date of the applicable Florida Housing Request for Applications period ("RFA") which is estimated to he not later than December 28, 2017 (the "ZO17Tax Credit Application Per|od"); b) Seller's delivery ofmarketable title tothe Property toPURCHASER subject only tnthe Permitted Exceptions asset forth herein, 6. CLOSING DATE. PURCHASER shall make every reasonable effort toclose on mrbefore January 31, 2O18, atsuch location towhich the parties may mutually agree inwriting. in the event closing is delayed for any reason,it is agreed that the Agreement shall terminate on June 3O, 2O18, ifclosing has not occurred. 7. TITLE TO BE CONVEYED. At Closing,SELLER shall convey toPURCHASER,bySpecial Warranty Deed complying with the requirements of the Title Commitment(hereinafter defined), valid,good,marketable and insurable title infee simple tothe Property,free and clear mfany and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the following (coUective|y,the"Permitted Exoeptions°): (a)general real estate taxes and special assessments for the year ofClosing and subsequent years not yet due and payable; (b) covenants, conditions, easements,dedications, rights-of-way and matters mfrecord included on the Title Commitment or shown on the Survey(as hereinafter defined),to which PURCHASER fails to object,orwhich 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 toenter upon the Property,at any time and from time totime with reasonable notice toSELLER and solong 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 | and Phase 11 environmental investigations, which PURCHASER may deem necessary. During the Feasibility Period, PURCHASER may elect, /nPURCHASER'S sole and absolute discretion, toterminate 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, subject to such disturbance as was reasonably necessary or convenient in the testing and � investigation ofthe Property; (ii)to the extent practicable, repair and restore any damage caused | tothe Property byPURCHASER'S testing and investigation;and /ii|\ release tVSELLER,atnocost, all reports and other work generated as a result of the PURCHASER'S testing and investigation. m0P0rn+z rDrv\Duvh0esxCemtennia1 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 (subject to the limitation on practicability provided above) 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. 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, PURCHASER's counsel, as closing agent for the transaction contemplated herein (the "Closing Agent") 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. PURCHASER shall examine the Title Commitment and deliver written notice to SELLER no later than fifteen (15) 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 diligently and in good faith undertake all necessary activities to cure and remove the PURCHASER'S Title Objections (hereinafter "Cure Period"). Notwithstanding anything to the contrary in this Section, SELLER shall have an affirmative duty to satisfy all title requirements which are liquidated claims, outstanding mortgages,judgments, taxes (other than taxes which are subject to adjustment pursuant to this Agreement), or are otherwise curable by the payment of money without resort to litigation (collectively, the "Mandatory Objections"), which may, at SELLER'S election, be done at Closing by the Closing Agent's withholding of the applicable amount from the proceeds of sale. In the event that SELLER is unable to cure and remove, or cause to be cured and removed, the PURCHASER'S Title Objections which are not Mandatory 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, (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 00%7724-2 T:Drv\Dev1\0BE\Centenaja1 those expressly provided herein to survive termination nfthis Agreement. Prior to the Closing, PURCHASER shall have the right to cause the Title Company to issue anupdated Title Commitment("Tit|eUpdate")covering the Property. |fany 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 t$such new ordifferent 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 tothe provisions ofthis Section. 8.3 PURCHASER, at PURCHASER'S expense, may obtain a current boundary survey (the "Survey") of the Property, indicating the number of acres comprising the Property tothe nearest 1/1O0thofanacre. |fthe 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 ufSection 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 ofSELLER contained inthis Agreement shall be true and correct asofClosing. 9.2 . At Closing, there shail be no actions, suits, proceedings orinvestigations pending orthreatened against Seller orthe Property affecting any portion of the Property, which has not been disclosed, prior to closing, and accepted by PURCHASER. 9.3 . The Property shall be in compliance with all applicable federal, state and local laws,ordinances, rules, regulations,codes, requirements, licenses, permits and authorizations asofthe date ofClosing. 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. A1Closing,SELLER shall execute and deliver,orcause tobeexecuted and delivered to PURCHASER the following documents and instruments: 10.1 Deed and Authorizinf4 Resolutions. SELLER shall furnish aWarranty Deed (the °Deed") conveying toPURCHASER 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 omm72+z Permitted Exceptions,together with such resolutions orother applicable authorizing documents evidencing approval of the transaction by the SELLER's governing body as the Closing Agent and the title Company may require. 10.2 Sellees Affidavits. SELLER shall furnish toPURCHASER anowner'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 orenter into documents affecting the Property after the last effective date on the Title Commitment, and that there are noparties inpossession ofthe Property other than SELLER.SELLER shall also furnish 10 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. 10.3 Closing Statement. Aclosing 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 atClosing. 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 asPURCHASER mrthe 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. 21. PRORATION�,CLQSING COSTS AND CLOSING PROCEDURES. 11.1 P[o[ati.o n s. 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 cu/rent year's tax with due allowance made for maximum allowable discount. |fClosing occurs atadate when the current year's mi||age |snot fixed and current year's assessment isavailable,taxes will beprorated based upon such assessment and prior year's noi||age. !fcurrent year's assessment is not available, then taxes will be prorated on prior year's tax. ALen 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. 11.2 Closing Costs. SELLER shall pay for documentary stamps onthe 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 PURCHASER shall fund the Purchase Price subject to the credits, offsets and p/oretiunsset forth herein. SELLER and PURCHASER (as applicable) shall execute and deliver to the Closing Agent the Closing Documents. The Closing Agent shall, at �07'724-2 T:on^mv|mBsvc~mteuniu/ 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 Exi•stin - Mortpapes 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. 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 1Lif!gptiqp. 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. 12.4 Acts Affecting Property.ert _j ... y. 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 PRIOR TO CLOSING. 13.1 PURCHASE R'S Default Pr i o r to Closing. 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 terminate this Agreement and retain the Deposit, and neither PURCHASER nor SELLER shall have any further obligation or liabilities under this Agreement, except for those OW07P-4-2 T:Dr%ADev1\0BE\Centennia1 expressly provided to survive the termination of this Agreement; prodded, however, that PURCHASER shall also be responsible for the removal of any liens asserted against the Property bypersons claiming by, through orunder PURCHASER. 13.2SELLER'S . /mthe event that SELLER fails tofully and timely perform any ofits obligations and covenants hereunder prior to Closing or if SELLER is in breach of any representations herein prior to dosing, PURCHASER may, at its option declare SELLER in default under this Agreement in which event PURCHASER's rights shall include the right todemand specific performance ofthe provisions ofthis Agreement. 13.3 Notice of..Default Prior to Closin . Prior to declaring a default prior to closing and exercising the remedies described in this Section,the non-defaulting Party shall issue anotice ofdefault to the defaulting Party describing the event orcondition ofdefault insufficient detail toenable areasonable person todetermine the action necessary tocure the default. The defaulting Party shall have fifteen (15)days from delivery ofthe notice during which tocure the default, provided, however, that as to afailure to dose, the cure period shall only be three (3) business days from the delivery ofnotice. 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. 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 tothe following addresses: |ftqSeller: Boynton Beach Community Redevelopment Agency Executive Director, Michael Simon 71ON. Federal Highway Boynton Beach, Florida 33435 With acopy to: Kenneth Dodge, Esquire Lewis, Longman &VVa!ker, P.A. 515 North Aag|erDrive,Suite 150A West Palm Beach, Florida 33401 If to Purchaser: Ocean Breeze East Apartments LLC Attn.: LevvisSw/ezy 7735NVV146Street,Suite 306 Miami Lakes, F| 3]OlG m907724o ronxormmaeCxmznoim With a copy to: James Hurchafla, Esq. 888 E Las Olas Blvd Fort Lauderdale, FL 33301. 15, BINDING 0BLlGATIQL%JASSjG-NMENT. The terms and conditions of this Agreement are hereby made binding oil, 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 PURI HASER,which shall not be Unreasonably withheld. This Agreement rnay be freely assigned by PURCHASER to an affiliated 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 are unaffiliated party shall be subject to the written approval of SELLER, which shall not be unreasonably withheld. 16. RISK OF LOSSe In the event the condition of the Property, or any part thereof, is rnaterWly 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 obfigations 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 eryflnent domain prior to Closhig, SELLER shall promptly notify PURCHASER and PURCHASER stroll thereafter have the right and option to terminate this Agreement by giving SELLER written notice of PURCHASER's election to ternnina"te within fifteen (1175) 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 SELL PR'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. ShoWd PURCHASER elect not to terminate,the parties hereto shall proceed to fl-losing 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 harniless 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 indernnification obligations shall not exceed the statutory limits provided within Section 768.28, Florida Statutes, and CRA does not otherwise waive its sovereign immunity rights. The provisions of this Section shall sur hie Closing or terminaflon of this Agreement. 00907724-2 TOMDevROBETentennial 18. ENVIRONMENTAL CONDITIONS. To the best ofSELLER'S knowledge, the Property and the use and operation thereof are incompliance with all applicable county and governmental laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. 19. DEVELOPMENT AND SALE OF THE PROPERTY. SELLER and PURCHASER acknowledge that the Property isbeing sold toPURCHASER for the sole purpose ofdeveloping a mnu|ti'tarni|yaffordab|e development as described herein. 19.1 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 to the SELLER for review prior to submission to the City for formal site plan approval. SELLER shall provide comments orapproval ofthe design toPURCHASER atits next regularly scheduled Board meeting after PURCHASER submits plans for approval. 19.2RECLUIRED PROJECT ' The Project shall include the following elements and improvements: a) if requested or required by the SELLER, the Project will be designed to be a gated community to enhance the value of the Property. A decorative fence may be installed around the buildings comprising the Project tocreate anenclosed space. |frequested mrrequired by the SELLER, a mechanical gate will be installed at the entry and exit of the Project requiring proof of residency for entry. Gates shall not be required if space required for gates (including stacking and turn-around requirements)is impractical or would negatively impact other elements of the site plan including the unit count. b) The Project will have a minimum of G' sidewalk constructed around the entirety ofthe Project. C) The Project will include street lights installed along the entire perimeter of the Project that are complimentary tothose existing along the east side ofN.SeacrestBoulevard adjacent to the Property. d) The Project will include on-street parking spaces,where feasible. e> The Project will include street and site trees that exceed the size and caliper requirement ofthe City's Land Development Regulations which will beinstalled along the entire perimeter of the Project. f) The Project will include enhanced resident amenities within the proposed project boundaries. g) The Project will include plaza style open space that exceeds the requirement ofthe City's Land Development Regulations with landscape, hardocape and accent lighting features preferably located on N. Seacrest Boulevard or at the corner of N. Seacrest Boulevard and NE 7 tx Avenue. mm,72+, h) The Project will include construction of three (3) story, 100-123 unit affordable multi-family rental housing development, approximately 2,50Qsq.ft. offlex space for a new Neighborhood Officer Program office and community space, which shall be provided to the CRA for said use rent free. 19.3 LOCAL,CONTRACTORS:Purchaser commits toprioritize using local contractors and sub-contractors during construction and to make efforts to hire local residents as part of the Project's operations team. These efforts will include, but are not limited to, providing public notice within the CRA area of available contracts and positions and hosting job hairs or other employment opportunities within the community. Prior to and during the construction of the Project,the Developer shall: a\ Hire ajob placement consultant during the construction ofthe Project; b\ Host ajub hair; c) Give priority to Contractors that are Locally Owned Small Businesses to participate inthe construction ofthe Project; d\ Include in all contracts with Contractors requirements that the Contractors use Good faith Efforts to hire and train City residents to participate in the construction of the Project; ' e) Provide alist ofjob positions and descriptions tmaCommunity Outreach Partner and agree to give priority to qualified job applicants referred by the Community Outreach Partner toparticipate inthe construction ofthe Project; M Use Good Faith Efforts tooffer permanent job positions resulting from the Project toqualified City residents; 8} Notify and refer job training and job placement opportunities tothe Boynton Beach Community High School and South Tech Academy inBoynton Beach in the event each are able and willing toprovide such training; and h) Pay orcause to bepaid new hires inall permanent post-construction positions residing within the City aminimum ofthe Living Wage 19.4 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 development and construction ofthe Project including the formulation of the Project's design and construction documents as well any and all applicable permit fees associated with the Project. 20. FUNDINGOPTIONS. BUYER shall have the following options toobtain funding for the Project. wW7724-z Tonxoor|\oecxccnamnia/ a) PURCHASER shall submit an application for g96 Low Income Housing Tax Credits (UHTC) from Florida Housing Finance Corporation (FHFC) in the 2017 Tax Credit Application Period. a) |fPURCHASER'sapplication toFHFCduring the 2O17Tax Credit Application Period is successful and 996 Tax Coedits are awarded to Seller for the Project, then the development of the Project shall commence pursuant to FHFC underwriting schedule. b) If PURCHASER is NOT successful, and no 996 Tax Credits are awarded through the 2O17TaxCredit Application Period,then SELLER shall,atits option,either: (i)instruct PURCHASER to apply to FHFCfor g SAIL loan and/or 9% L|HTCfunds through FHF['s 2018 RFA cycle ("2018 Tax Credit Application Period"); or (ii) instruct PURCHASER to obtain non- competitive Tax oncornpetit/veTax Exempt Multifamily Revenue Bond funding from FHFC or from the Palm Beach County Housing Finance Authority as well as non-competitive 496Tax Credits from FHFC, and SELLER shall provide Tax Increment Revenue(T|R)funding(TIR)10the PURCHASER for the Project |nanamount to cover the difference between total Project development costs and the sum total of all Bond and 496 L|HT[ funds received by Purchaser for the Project, which amount ofT|R funding provided bySeller shall not exceed $350,O0d.D0per year over afifteen (15)year period without the approval mfSeller (hereinafter"Gap Funding"). }fSeller instructs Purchaser topursue option(ii}above, SELLER shall return toPURCHASER anamount equal tothe$8O0,U0Opurchase price paid for the Property and provide $S0D,000 in local government grant as proffered in PUKCHASER'sRFA response. C) If SELLER instructs PURCHASER to apply for SAIL funds in the 2018 Tax Credit Application Period and and SAIL funds are awarded to PURCHASER for the Project, then the development of the Project shall commence pursuant to FHFC underwriting schedule. d\ /fSeller instructs PURCHASER toapply for 9Y6L|HTCinthe 2O1QTax Credit Application Period, and 9%Tax Credits are awarded to the PURCHASER for the Project through the 2018 cycle,the development of the Project shall commence pursuant to FHFC underwriting schedule. |fSeller instructs Purchaser to apply for both SAIL funds and 9V6L|HTCinthe 2018 Tax Credit Application Period, the development of the Project shall commence pursuant to FHFC underwriting schedule atthe earliest ofeither SAIL funds nr996Tax Credits being awarded tothe PURCHASER for the Project. e) \fPURCHASER isinstructed toapply for SAIL funds and/or 996L|HTCin2OI8 and neither is successful,and no SAIL loan and no 9%Tax Credits are awarded to PURCHASER for the Project, the development ufthe Project shall commence pursuant to Section 21and SELLER shall: I) Instruct PURCHASER toobtain non-competitive Tax Exempt Multifamily Revenue Bond funding from FHFCorfrom the Palm Beach County Housing Finance Authority as well asnon-competitive 4%Tax Credits from FHFC, and 009m7-74-2 T:nrY\De,|\0oucmo1enmu1 ii) Provide TIR funding to the Purchaser for the Project in an amount to cover the difference between total Project development costs and the sum total of all Bond and 4% LIHTC funds received by Purchaser for the Project, which amount of TIR funding provided by Seller shall not exceed$350,000.00 per year over a fifteen(15)year period without the approval of Seller (hereinafter "Gap Funding") . If Seller instructs Purchaser to pursue option (ii) above, shall return to PURCHASER an amount equal to the$800,000 purchase price paid for the Property and provide$500,000 in local government grant as proffered in PURCHASER's RFP response. g) SELLER shall support PURCHASER in its effort to obtain funding from FHFC by giving Local Government Area of Opportunity preference to PURCHASER when PURCHASER applies to FHFC in both 2017 and 2018 Tax Credit Application Periods for SAIL or 9% LIHTC funding for the Project. SELLER shall in a timely fashion execute this Agreement as well as other documents required to be submitted as part of PURCHASER's applications to FHFC pursuant to this Agreement and SELLER shall provide a $567,500 Local Government Contribution to the Purchaser for the Project, which funds shall only be disbursed upon award of either SAIL or 91 LIHTC funds to PURCHASER for the Project. h) If the Project is funded by 9%LIHTCs or SAIL,financing will be obtained and documentation provided to the CRA within the time frame set forth in FHFC's credit underwriting procedures for the SAIL with bonds and 4%LIHTC or 9%LIHTC as the case may be. 21. DEVELOPMENT TIMELINE FOR TAX INCREMENT FUNDING OPTION. PURCHASER shall commence development of the Project by conducting the following actions pursuant to the development timeline set forth in this Section. Completion of each action set forth below must be documented in writing, and all such documentation must be provided to SELLER upon completion of each action. a) PURCHASER shall submit an application and all necessary supporting documents to the City for site plan approval within ninety(90) days of notice to PURCHASER from FHFC that it has not received either SAIL or 9%LIHTC funding in either the 2017 and 2018 Tax Credit Application Periods and written confirmation by SELLER that the Project will be funded pursuant to Section 20(f)above. b) Purchaser shall submit applications and all necessary supporting documents to the City for a building permit within one hundred twenty(120) days of the City's approval of the site plan for the Project. Proof of permit application fees paid will be provided to the SELLER upon submission to the City. PURCHASER shall provide a copy of the building permit for the Project upon issuance of the same by the City. 00907724.2 TDrv\Dev1\0BE\Centennia1 C) SELLER shall assist PURCHASER's request for site plan approval and building permit issuance 1othe extent practicable and permitted by |avo and to the extent the same isconsistent with the terms ofthis Agreement. d> If the Project is funded by T|R, PURCHASER shall obtain non-competitive Tax Excennpt Multifamily Revenue Bond funding from FHFCorfrom the pa|nn Beach County Housing Finance Authority as well as non-competitive 4%Tax Credits from FHFC. Financing shall beobtained and documentation provided tothe CRA within the time frame set forth inthe HFA's and/or FHFC'scredit underwriting procedures for the SAIL with bonds and the 496L|HT[. e\ Regardless offunding source, PURCHASER shall conduct a groundbreaking ceremony and commence construction of the Project within sixty(60)days following the issuance ofabuilding permit bythe City for the Project.SELLER will beinattendance atthe ceremony with limited participation in its planning. d\ Temporary orpermanent certificate ofoccupancy shall beobtained within twenty-four(24) months following issuance ofthe building permit for the Project bVthe City, regardless offunding source. g) Purchaser shall diligently pursue and use all reasonable efforts to obtain all necessary approvals for the construction and development ofthe Project. Upon receipt mfthe building permit for the Project from the City, PURCHASER shall diligently pursue completion of construction ofthe project re8ard|essoffumdingaource. 22. DEFAULT AFTER CLOSING, Failure of PURCHASER to strictly comply with the any of the provisions set forth in this Agreement after the Closing shall constitute a default and breach ofthis Agreement. |f PURCHASER has not provided SELLER with written notice explaining the reason or circumstances not under the control of PURCHASER that has prevented PURCHASER from complying with the provisions mfthis Agreement and SELLER has not agreed in writing to same, then the PURCHASER shall be required to reconvey the Property to the SELLER, and this Agreement shall be terminated,and SELLER shall be released from any and all obligations under this Agreement, and, assuming the SELLER has not otherwise returned to Purchaser an amount equal 10the purchase price for the Property pursuant toSection 20(b)above orany other provisions of this Agreement, SELLER shall reimburse PURCHASER the purchase price of the property described herein. 23. REVERTER CLAUSE. The Warranty Deed of conveyance shall contain a reverter clause that shall run with the Property until the Project is completed and the PURCHASER has obtained a Certificate of Occupancy for the Project.The reverter clause shall require the Property to be neconveyed to SELLER by quit claim deed should PURCHASER default under the terms of this Agreement. In the event the SELLER exercises its right ofreverter, SELLER shall reimburse PURCHASER the purchase price of the property described herein. To carry out the terms of this paragraph, PUR[HASERoha|| executeareverLeragreernentinthefmrnosetforthonExhibit"8". 00907724-2 24. RIGHT OF FIRST REFUSAL. |nthe event SELLER provides 7lRFfunds toPURCHASER for the Project under this Agreement, PURCHASER shall grant SELLER a Right mfFirst Refusal for repurchase of the Property which shall be in full force and effect and shall not terminate until PURCHASER obtains its Certificate of Occupancy. The terms and conditions of this right shall be as follows: (i) If Purchaser receives an offer to purchase the Property pursuant to a written contract or letter of intent, Purchaser shall give Seller notice of the offer bvdelivering a copy ofthe contract or letter of intent to Seller("Notice") pursuant to the Notice requirements VfSection 14above. (ii) Within ten (10) days of receipt of the Notice, Seller shall either waive or exercise its right of first refusal. /f 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 asset forth inthe Notice including the delivery of a deposit (if applicable), and upon receipt by the Purchaser ofthe foregoing from the Seller, Purchaser and Seller shall enter into a Purchase and Sale Agreement pursuant tothe same terms and conditions as the Notice. (|O) |fSeller fails tnexercise orwaive its right offirst refusal inaccordance with the terms and conditions stated herein, within ten (10) days after receipt of the Notice, then Seller's right offirst refusal shall bedeemed tohave been waived. 25. 25.1 General. This Agreement, and any amendment hereto, may beexecuted in any number of counterparts, each of which shall be deemed to be an original and all of which shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Reference tua Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment of this Agreement shall beofany force oreffect unless inwriting executed byParties. 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 nroral,between the Parties. This Agreement shall beinterpreted inaccordance 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 ofFlorida. 25.2 . Any reference herein totime periods which are not measured in business days and which are less than six(6)days, shall exclude Saturdays, Sundays and legal holidays inthe computation thereof. Anytime period provided for inthis Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the next full business day. Time isofthe essence inthe performance ofall obligations under this Agreement. W907o4-2 rom^cev/mmaceotenn/a1 Time periods commencing with the Effective Date shall not include the Effective Date inthe calculation thereof. 25.3 Waiver. Neither the failure ofaparty toinsist upon strict performance of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance of any item by party with knowledge of breach mfthis Agreement by the other party in the performance nftheir respective obligations hereunder, shall be deemed awaiver ofany 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 ofthis Agreement and the Closing. 25.4 The Parties to this Agreement, through counsel, have participated freely in the negotiation and preparation hereof. Neither this Agreement nor any amendment hereto shall bemore strictly construed against any ofthe 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 requina. Provisions ofthis Agreement that expressly provide that they survive the Closing shall not merge into the Deed. 25.5 SeverWifty. |fany provision ofthis Agreement orthe application thereof shall,for any reason and toany extent,beinvalid orunenforceable,neither the remainder ofthis 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 a-ny amendment of this Agreement. 25.6 Handwritten Provisions. Handwritten provisions inserted inthis Agreement and initialed by SELLER and PURCHASER shall control all printed provisions in conflict therewith, 25.7Waiver of Jury TrL . As an inducement to PURCHASER agreeing to enter into this Agreement,PURCHASER and SELLER hereby waive trial byjury in anyaction or proceeding brought byeither party against the other party pertaining toany matter whatsoever arising out of orinany way connected with this Agreement. 25.8 Attornevs Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorneys' fees and costo, including those a1the appellate level,shall be awarded 10the prevailing party. 25.9 Binding Authority. Each party hereby represents and warrants tothe other that each person executing this Agreement on behalf ofthe PURCHASER and SELLER has full right and lawful authority taexecute this Agreement and 10bind and obligate the party for whom or onwhose behalf heorshe issigning with respect to all provisions contained inthis Agreement. 25.1ONp_RgcoLdin � ThiaA�r�ementyh�||�otbereo�r�edinth�Pub|icRecords of Palm BeachCount\� Florida. m907724-2 T:m,\Dmv'wnMCnmxnouu 25.11 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. 25.12 SELLER Attorneys` ees and Costs. SELLER acknowledges and agrees that SELLER shall be responsible for its own attorneys' fees and all costs, if any, incurred by SELLER in connection with the transaction contemplated by this Agreement. 25,13 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 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 T:DYv\DevA0BE-\Centennia1 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. PURCHASER: SELLER: OCEAN BREEZE EAST APARTMENTS LLC BOYNTON BEACH COMMUNITY By Ocean Breeze East GP LLC REDEVELOPMENGENCY �o- Printed Names a .... Printed Name:Steven B.Grant Title: Authorized Meber Title:Chair Date. _ Date: .5 WITNESS: WITNESS: Printed Name: �, Printedame: (3c -� � WITNESS: WIT 5S: Printed Name: Printed Name: k/ua—uLbm-4 Approved as to form and legal sufficiency: CRA Attorney i1U'%U773.E-' r DrODc%h()BL Centennial EXHIBIT"A" LEGAL DESCRIPTION Lets 3 through 12 inclusive, in Block 1, Lots 1 and 2, in Block 1, LESS all that portion of lots 1 an lying West of the East right-of-way line for "S acr st Boulevard" as shown on Road Plat Book 5, at Page 182 and less a 20 foot return cure area for road right-of-way, PALM BEACHCOUNTRY CLUB ESTATES,accordingto the Plat thereof, as recorded in Plat Book 11,at Page 43,of the Public Records f Palm Beach County, Florida, and the South Half(S1/2) of the East Half ) of Lot 2 f Subdivision of the West Half( 1j2) of the Southeast Quarter (SE1/4) Of Section 21,Township 5 South, Range 43 East, LESS the South 125 feet thereof; Less parcels conveyed to the City of Lynton Beach by Official Records Book 852, Page 642 and LESS the right-of-way for "S acr st Boulevard"as shown on Road PlatO , at Page 182, according tO the Plat thereof, as recorded in Plat , at Page 4, Public Records of Palm Beach County, Florida. 00907724-2 T:Drv\Devi\OBE\Centennial EXHIBIT REVERTER AGREEMENT This REVERTER,AGREEMENT is dated as oft is LLfday of2017, by and between the BOYNTON BEACHCOMMUNITY (the .,SELLE ") and OCEAN BREEZEEAST APARTMENTS, LLC or its affiliated assignee (the "PURCHASER", and together with the SELLER,the "Parties"). RECITALS A. The SELLER has conveyed to the PURCHASER that certain real estate described on Exhibit "A" attached hereto (the "Property") pursuant to a Deedof even to herewith between the SELLER and PURCHASER. B. The PURCHASER has agreed to construct certain Improvements n the Property in accordance with the guidelines and criteria set forth in the Purchase an Development Agreement("Agreement") executed y the Parties, C. The Deed shall provide that if the PURCHASER does not timely construct the Improvements as set forth in this Agreement, then the Property shall revert to the SELLER. NOW THEREFORE, in consideration oft e transfer of the Property o the PURCHASER and other consideration,the receipt and sufficiency of which are acknowledged,the parties agree as follows: . PURCHASER agrees at Its sole cost and expense to complete the construction of the Improvements in accordance with the terms and timeframes set forth in the Agreement. . In the event the Improvements are not timely completed (unless extended pursuant tot the terms of the Agreement), the Property shall revert to and thereafter ec a fee simple real estate owned by the SELLER. ithin 30 days of the written request of the SELLER,the PURCHASER will provide a quit claim deed to the Property In form and substance acceptable tot e SELLER evidencing ter conveyance of the Property. In the event the SELLER exercises Its right o reverter, SELLER shall reimburse PURCHASER the purchase price of the property described herein. 3. During the construction of the Improvements,P C E ill not place any additional liens or encumbrances on the Property except as consented to by the SELLER. in that regard,the SELLER ares not to unreasonably withhold its consent to any construction loan financed with a commercial bank or similar lender intended to fund the construction and development oft e Improvements. In such an event, the SELLER will enter into a Subordination Agreement satisfactory to such lender. Upon completion oft e Improvements satisfactory t 08884542.2 T: vl!®AE\Centet1niW the SELLER,the SELLER agrees to record a release of the reverter rights described herein. This Agreement shall be binding upon the parties hereto and shall be binding upon and inure to the benefit of their successors and assigns. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. This Agreement may only be modified or amended by a written agreement signed by authorized representatives of the parties hereto. WITNESS the following signatures as of the year and date first above written, PURCHASER: SELLER: OCEAN BREEZE EASTAPARTIVIENTSJLC BOYNTON BEACH COMMUNITY REDEVELOP IT AGrNCY Printed Name: Printed Name:Steven B. Grant Title: 1" Title: Chairman Date: Date: TDrADevAOSECcalmnial FIRST AMENDMENT TO PURCHASE AND DEVELOPMENT AGREEMENT THIS U AGREEMENT (the "First Amendment") made as of , 2019 by and between BO TON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (the "Seller"), and OCEAN BREEZE EAST APARTMENTS LLC, a Florida limited liability company(the"Purchaser"). WHEREAS, the parties entered into that certain Purchase and Development Agreement dated effective as of December 15,2017 ("PDA"); WHEREAS,the PDA contained an error in the legal description of the real property; WHEREAS, pursuant to the PDA, the Purchaser and Seller closed on the purchase and sale of the Property and recorded that certain Warranty Deed on March 2, 2018; WHEREAS, the Purchaser closed on equity financing for the Project in the approximate amount of $20,594,440 and construction debt financing for the Project in the approximate Dunt of$13,700,000 (altogether the equity and construction debt financing is hereby referred to as the "Financing") and building permits for the Project have been approved; WHEREAS, Purchaser has agreed to repay the City the full amount of the City's $567,500 Local Government Contribution in accordance with the loan documents attached hereto as Exhibit A (the "Loan Documents") and, Lewis V. Swezy, a principal of Purchaser has agreed to provide to the Seller the Completion Guaranty attached hereto as Exhibit B (the "Guaranty"); WHEREAS, the Purchaser and the Seller desire to amend the PDA in accordance with the terms hereof; and THEREFORE, in consideration of the recitals, covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which hereby are acknowledged,the parties agree as follows: 1. Capitalized terms herein shall have the meaning assigned to them in the PDA, unless otherwise specifically provided herein. 2. The definition of"Property" in the PDA is amended, as of the date of the Warranty Deed, to identify the property more particularly described on Exhibit D. 3. Purchaser represents and warrants that the Financing has closed or will close concurrently with the consummation hereof. . Upon execution and delivery of the Loan Documents by the Purchaser and the Guaranty y Lewis V. Swezy (a) Seller's sole and exclusive remedy for any default relating to the PDA shall be an action to enforce the Completion Guaranty, which shall be subject to senior lender's subordination agreement, except that Seller shall retain the right to bring First Amendment to Purchase and Development Agreement—Ocean Breeze East an action to enforce Section 19.2(h) of the PDA, (b) the Reverter Agreement shall be terminated in accordance with that certain Reverter Termination Agreement attached hereto as Exhibit C, and (c) Sections 22, 23 and 24 shall be terminated in connection herewith. 5. Section 19.2(h) of the PDA shall be amended and restated as follows: The Project will include construction of a three (3) story, 100-123 unit affordable multi-family rental housing development, with flex space for a new Neighborhood Officer Program office and community space, is shall be provided to the CRA for said use rent free and be constructed in accordance with the site plan. 6. The provisions set forth in Section 25 of the PDA shall survive and are incorporated herein by reference. 7. By its joinder hereto, the City approves of the Loan Documents and will execute the Note and Loan Agreement and a subordination agreement in form and substance reasonably acceptable to the first mortgage lender and any refinancing thereof. [Remainder of this page intentionally left blank] First Amendment to Purchase and Development Agreement—Ocean Breeze East IN WITNESS WHEREOF, the parties have caused this First Amendment to be duly executed as of the date first written above. SELLER: BOYNTON BEACH COM' UNITY REDEV NT By: .. Name: Title: PURCHASER: OCEAN BREEZE EAST APARTMENTS LLC, a Florida limited liability company By: Ocean Breeze Manager LLC, a Florida limited liability company,its manager By: Lewis V. Swezy,Manager LEWIS V. SWEZY THE CITY OF BOYNTON BEACH, a political subdivi ' ate - rida By: g Name: Title: 0�r ®Buq _ First Amendment to Purchase and Development Agreement—Ocean Breeze East IN WITNESS WHEREOF, the parties have caused this First Amendment to be duly execute(] as of the date first written above. SELLER: BOYNTON 13EACIII COMMUNITY REDEVELOPMENT AGENCY By: Name: Title: PURCHASER: OCEAN BREEZE EAST APARTMENTS LLC, a Florida limited liability company By: Ocean Breeze Man Cq-'--a J Florida limited liab' c X11 nager Le S ezy,. anagc,r,,,, ,'WIGS-v Wr ,z)(L-` THE CITY OF BOYNTON BEACH,a political subdivision of the State of Florida By: Name: Title: First Amendiiient to Purchase and Development Agreement-Ocean Breeze East EXHIBIT A First Amendment to Purchase and Development Agreement—Ocean Breeze East Prepared by and return to: Randal M.Alligood,Esq. Nelson Mullins Broad and Cassel 390 N.Orange Avenue, Suite 1400 Orlando,FL 32801 THIS MORTGAGE IS GIVEN TO SECURE TILE FINANCING OF HOUSING UNDER PART V OF CHAPTER 420, FLORIDA STATUTES, AND IS EXEMPT FROM TAXATION PURSUANT TO SECTION 420.513, FLORIDA STATUTES ACCORDINGLY, NO DOCUMENTARY STAMP TAX OR INTANGIBLE TAXIS DUE'IN CONNECTION WITH THISMORTGAGE. Folio#s• MORTGAGE THIS MORTGAGE,hereinafter referred to as the"Mortgage"is made on or as of the 7th day of November , 2019, by and between OCEAN BREEZE EAST APARTMENTS LLC, a Florida limited liability company, hereinafter referred to as "Borrower," whose principal address is 7735 NW 146 Street, Suite 306,Miami Lakes,FL 33016, and THE CITY OF BOYNTON BEACH,a political subdivision of the State of Florida,whose principal address is 3301 Quantum Blvd,Suite 101,Boynton Beach,FL 33426 hereinafter referred to as"Lender". WITNESSETH: THAT to secure the payment of an indebtedness in the principal amount of Five Hundred Sixty- Seven Thousand Five Hundred and NO/100 Dollars($567,500.00), hereinafter referred to as the "Loan", which shall be payable in accordance with that certain Promissory Note and Loan Agreement,bearing even date herewith, inclusive of the signature of the Borrower, which is affixed hereto and made a part hereof, hereinafter referred to as the "Note", and all other indebtedness which Borrower is obligated to pay to Lender pursuant to the provisions of the Note and this Mortgage, Borrower hereby grants, conveys and mortgages to Lender all of its right,title and interest in: ALL THAT certain lot,piece or parcel of land situated in Palm Beach County and State of Florida,bounded and described in Exhibit"A" TOGETHER with all of Borrower's right, title and interest in the improvements now or hereafter erected on the property, and all easements,rights,appurtenances, rents,royalties,mineral,oil and gas rights and profits,water,water rights,and water stock,and all fixtures now or hereafter attached to the property,all of which,including replacements and additions hereto,shall be deemed to be and remain a part of the property covered by this Mortgage and all of the foregoing, together with said property are herein referred to as the "Property";and TOGETHER with any and all of Borrower's right,title and interest in awards now or hereafter made for the taking of the property mortgaged hereby,or any part thereof(including any easement)by the exercise of the power of eminent domain, including any award for change of grade of any street or other roadway, which awards are hereby assigned to Lender and are deemed a part of the property mortgaged hereby; and Lender is hereby authorized to collect and receive the same toward the payment of indebtedness secured by this Mortgage,notwithstanding the fact that the amount thereon may not then be due and payable; and 4839-3055-9657 v.8 TOGETHER with all rights, title and interest of Borrower in and to the land lying in the streets, roads, or alleys adjoining to the above-described land. All the above described land, buildings, other structures, fixtures, articles of personal property, awards and other rights and interests being hereinafter collectively referred to as the"Mortgaged Property." TO HAVE AND TO HOLD the Mortgaged Property and every part thereof unto Lender, its successors and assigns forever for the purposes and uses herein set forth. AND Borrower further covenants and agrees with Lender,as follows: 1. PAYMENT OF PRINCIPAL AND INTEREST. Borrower shall promptly pay the principal of the indebtedness evidenced by the Note,and all other charges and indebtedness provided therein and in this Mortgage,at the times and in the manner provided in the Note. Payment of principal shall be due in full on twentieth annual anniversary of the date hereof (hereinafter referred to as the"Loan Term")or prior to the expiration of the Loan Tenn if the Property is sold without the Lender's prior written consent. The Loan may be forgiven any time after the end of the Compliance Period (as defined in the Borrower's Amended and Restated Operating Agreement) in the sole and absolute discretion of the Lender. 2. FUNDS FOR TAXES,ASSESSMENTS AND LIENS. Borrower shall pay before the same become delinquent, as hereinafter provided, all taxes, assessments, and other governmental charges, fines and impositions, of every kind and nature whatsoever, now or hereafter imposed on the Mortgaged Property,or any part thereof,and will pay when due every amount of indebtedness secured by any lien to which the lien of this Mortgage is expressly subject. 3. COMPLETION OF IMPROVEMENTS. This Mortgage and the attached Note were executed and delivered to secure moneys advanced in full to Borrower by Lender as or on account of a loan evidenced by the Note for the purpose of constructing on the Mortgaged Property one hundred twenty-three (123) rental apartments, hereinafter collectively referred to as the "Improvements." Borrower shall make or cause to be made all of the Improvements. 4. BUILDING REMOVAL, ADDITIONS AND COMPLIANCE WITH REQUIREMENTS. No building,structure,improvement,fixture or personal property mortgaged hereby shall be removed or demolished without the prior written consent of Lender except for obsolete or worn property replaced by adequate substitutes equal or greater in value than the replaced items when new and inventory and goods in the ordinary course of business. Borrower will not make,permit,or suffer any alteration of or addition to any building, structure or improvement which may hereafter be erected or installed upon the Mortgaged Property,or any part thereof,except the Improvements required to be made pursuant to Paragraph 3 hereof,nor will Borrower use,or permit or suffer the use of,any of the Mortgaged Property for any purpose other than the purpose or purposes for which the same is now intended to be used, without the prior written consent of Lender.Borrower will maintain the Mortgaged Property in good condition and state of repair and will not suffer or permit any waste to any part thereof,and will promptly comply with all the requirements of Federal, State and local governments or of any departments,divisions or bureaus thereof,pertaining to such property or any part thereof. 5. CHARGES AND LIENS. 4839-3055-9657 v.8 Borrower will not voluntarily create,or permit or suffer to be created or to exist,on or against the Mortgaged Property or any part thereof, any lien superior to the lien of this Mortgage, exclusive of the lien or liens to which this Mortgage is expressly subject,and will keep and maintain the same free from the claims of all parties supplying labor and/or materials which will enter into the construction or installation of the improvements.The Lender hereby acknowledges and agrees that the Mortgage will be subordinate tote first construction loan and first permanent mortgage to and any refinancing thereof, including increases in the first mortgage loan amounts(collectively,the" rior Mortgage"). All oft c provisions herein shall be subject to the terms of the for Mortgage. 6. NOTICE OF FIRE OR CASUALTY. Borrower will give immediate notice by registered or certified mail to Lender of any fire, damage or other casualty affecting the Mortgaged Property, or of any conveyance, transfer or change in ownership of such property, or any part thereof excepting a transfer otherwise permitted in the Borrower's Amended and Restated Operating Agreement. 7. COVERAGE OF INSURANCE POLICIES. a. Borrower will keep all buildings,other structures and improvements insured against loss by fire, flood (when applicable) and other hazards, casualties and contingencies in such amounts and manner and for such periods as may be reasonably required by Lender.Lender's insurance requirements may change from time to titne throughout the term of the indebtedness.All such insurance policies must include standard fire and extended coverage in amounts not less than necessary to comply with the coinsurance clause. Flood insurance IS NOT required for the subject property during the to of the mortgage to unless required by the Prior Mortgage. When required,flood insurance shall be in an amount at least equal to the outstanding principal balance of all mortgage(s), or the maximum amount of insurance available with respect to the project under the National Flood Insurance Act,whichever is lesser. All such insurance shall be carried by companies reasonably approved by Lender,and all policies shall be in such form and shall have attached thereto loss payable clauses in favor of Lender and any other parties as shall be reasonably satisfactory to Lender. All such policies and attachments thereto shall be delivered promptly to Lender,unless they are required to be delivered to the holder of a lien or a mortgage or similar instrument to which this Mortgage is expressly subject, in which latter event certificates thereof, satisfactory to Under, shall be delivered promptly to Lender. Borrower will pay promptly when due, as hereinafter provided, any and all premiums on such insurance.The Lender shall be listed as an additional insured on all such insurance policies. b° In the event of loss or damage to the Mortgaged Property, Borrower will give to Lender immediate notice thereof by mail, at the address herein above stated and Lender may make and file proof of loss if not made otherwise promptly by or on behalf of Borrower. Unless Borrower and Lender otherwise agree in writing, insurance proceeds shall be applied to restoration or repair, provided such restoration or repair is economically feasible and the security of this Mortgage is not thereby impaired,If such restoration or repair is not economically feasible or if the security of this Mortgage would be impaired, the insurance proceeds shall be applied tote sums secured by this Mortgage with the excess, if any, paid to Borrower, If the Property is abandoned by Borrower, for more than thirty (30) days unless due to events described in Paragraph 3,or if Borrower fails to respond to Lender within thirty(30)days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits,Lender is authorized to collect and apply the insurance proceeds at Urider's option either to restoration or repair of the Property or to the sums secured by this Mortgage. Usage of condemnation proceeds shall be subject to the same provisions of this Section 7(b). C. At least thirty (30) days prior to the expiration of each policy, the Borrower will 'famish the Lender with evidence satisfactory to the Lender of the payment of premium and the reissuance of a policy continuing insurance in force as required by this Mortgage. All policies, including policies for any amounts carried in excess of the required minimum and policies not specifically required by the Lender, 4839-3055-9657 v.8 will be in a form satisfactory to the Lender,and will be maintained in full force and effect.All policies will contain a provision that the policies will not be cancelled or materially amended (including any reduction in the scope or limits of coverage),without at least ten(10)days prior written notice to the Lender. If all or any part of the insurance will expire,or be withdrawn,or become void or unsafe,by reason of the Borrower's breach of any condition, or if for any reason whatsoever the insurance will be unsatisfactory tothe Lender, the Borrower will place new insurance on the premises, satisfactory to the Lender. Notwithstanding anything to the contrary herein, Borrower's compliance with the insurance requirements of the Prior Mortgage shall be deemed compliance with the terms oft `s Section 7. 8. TAXES. In order to protect more fully the security of this Mortgage,Borrower shall promptly submit to Lender upon request,or Lender's designated agent,the Palm Beach County Tax Invoice for the Mortgaged Property. Such invoice shall show either that no taxes are due or be accompanied by a receipt showing taxes have been paid in full. 9. LOCAL ORDINANCES. The Irnprovements and all plans and specifications shall comply with all applicable local ordinances,regulations and rules made or promulgated with lawful authority,including without limitation the Palm each County Construction Code and the Pah-n Beach County Property Maintenance Code. 10® PROTECTION OF LENDER'SSC Y. If Borrower fails to perform the covenants and agreements contained in this Mortgage or the Agreement, excluding any lien to which this Mortgage is expressly subject, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, including, but not limited toeminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender at Lenders option, upon notice to Borrower, may make such appearances,disburse such sums,and take such action as is necessary to protect Lender's interest,including, but not limited to, disbursement of reasonable attorney's fees. Any amounts disbursed by Lender pursuant to this Paragraph with interest thereon, shall become additional indebtedness of Borrower secured by this Mortgage, Unless Borrower and Lender agree to other to of payments, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall be interest from the date of disbursement at the rate payable from time to time on outstanding principal under the Note unless payment of interest at such time would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate permissible under applicable law. Nothing contained in this Paragraph shall require Lender to incur any expense or take any action hereunder. 11. LENDER INSPECTIONS. Lender,or any of its Agents or Representatives,shall have the right to inspect the Mortgaged Property upon reasonable notice,which shall not be less than 3 business days.Should the Mortgaged Property, or any part thereof, require repair,care or attention,then, after written notice as provided herein(Paragraph 16)to Borrower,and Borrower's failure to so perform,Lender may enter or cause entry to be made upon the Mortgaged Property and repair, protect and maintain the property as Lender may deem necessary. Any and all money that Lender must pay to accomplish the proper maintenance on the mortgaged property shall become due and payable under the provision of Paragraph 10. 12. EVENT OF DEFAULT. An Event of Default will be the occurrence of any one of the following events and expiration of the applicable cure period set forth in Paragraph 13 below, and upon that occurrence Lender may, at Lender's option,declare all sums secured by this Mortgage to be immediately due and payable, 4839-3055-9657 v.8 a. Failure to pay the amount of any installment of principal and interest, or other charges payable on the Note,which shall have become due,prior to the due to of the next such installment; b. Nonperformance by Borrower of any covenant,agreement,term,or condition of this Mortgage,the Note,the Agreement,or of any other agreement made by Borrower with Lender in connection with such indebtedness,after Borrower has been given due notice in accordance with Paragraph 13 below by Lender to cure such nonperformance and thirty(30)days to cure; C. Failure of Borrower to perform any covenant, agreement,to or condition in any instrument creating a lien upon the Mortgaged Property, or any part thereof, which shall have priority over the lien of this Mortgage which continues beyond any applicable grace or cure period and for which a default has been declared; d. Lender's discovery of Borrower's failure in any application of Borrower to Lender to disclose any fact deemed by Lender to be material, or the making herein, or in any of the agreements entered into by Borrower with Lender (including, but not limited to, the Note and this Mortgage) of any misrepresentation by,on behalf of,or for the benefit of Borrower; . e. Failure by the Borrower to submit promptly to the Lender or Lender's designated agent proof of payment of all insurance and taxes,as required herein; f If the construction or installation of the Improvements shall not be carried out with reasonable diligence,or shall be discontinued at any time fora period of thirty(30)consecutive days for any reason other than strikes,lock-outs,acts of God, fires, floods or other similar catastrophes, such as riots,war or insurrection,or other events beyond the control of Borrower;or 9. IF BORROWE R DOES NOT REMAIN OWNER, OR ]IF ALL OR ANY PART OF THE PROPERTY OR AN INTEREST THEREIN IS RE,NTED,LEASED OR SOLD BY BORROWEIR, EXCEPT IN THE ORDINARY COURSE OF BUSINESS AS AN AFFORDABLE HOUSING RENTAL DEVELOPMENT,WITHOUT LENDER'S PRIOR WRITTEN CONSENT. 3® OPTION OF MORTGAGEE UPON EVENT OIrDEFAULT. Upon the occurrence of An Event of Default,Lender,prior to acceleration, shall mail notice to Borrower and its Investor Member as is provided in Paragraph 16 hereof,specifying: a. The breach; b. The action required to cure such breach; C. A date not less than ten(10)days from the date the notice is mailed to Borrower by which such breach must be cured if the default is a monetary default,and a date not less than thirty(30)days from the to the notice is mailed to Borrower by which such breach must be cured if the default is a non- monetary default; and d. That failure to cure such breach on or before the to specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceedings, and sale of the property.The notice shall further inform Borrower of the right to assert in the foreclosure proceedings the non-existence of a default,or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Mortgage to beimmediately due and payable without 4839-3055-9657 v.8 further demand and may foreclose this Mortgage by judicial proceedings. Lender shall be entitled to collect in such proceedings all expenses of foreclosure, including,but not limited to,reasonable attomey's fees and costs of documentary evidence,abstract,title reports and court costs. Notwithstanding anything herein to the contrary, Borrower's investor member shall have the right, but not the obligation,to cure a default hereunder within the same cure period as the Borrower. 14® APPOINTMENT OF RECEIVER. Lender in any action to foreclose this Mortgage may be entitled to have a receiver appointed by a Court of Law as a matter of right and without regard to the value of the Mortgaged Property or the solvency of Borrower or other parties liable for the payment of the Note and other indebtedness secured by this Mortgage. Said receiver shall enter upon, take possession of and manage the Property, and will collect rents of the Property, including those past due. All rents collected by the receiver shall be applied first to payments of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees,premiums on receiver's bonds,and reasonable attorney's fees,and then to the sums secured by this Mortgage.The receiver shall be liable to account only for those rents actually received. 15. FORBEARANCE BY LENDER NOT A WAIVER. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy,The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of indebtedness secured by this Mortgage. I& NOTICE. Except for any notice required under applicable law to be given in another manner, (a)any notice to Borrower provided for inthis Mortgage shall be given by mailing such notice by certified mail addressed to Borrower at the property address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail, return receipt requested,to Lender's address below,or to such other address as Lender may designate by notice to Borrower as provided herein.Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. LENDER: The City of Boynton Beach 3301 Quantum Blvd,Suite 101 Boynton each,FL 33426 WlTH A COPY TO: Lewis Longman Walker 515 North Flagler Drive, Suite 1500 West Palm Beach,FL 33401 Attn:Kenneth W. Dodge,Esq. BORROWER- Ocean Breeze East Apartments LLC 7735 NW 146 Street, Suite 306 Miami Lakes,FL 33016 Attn: Lewis V. Swezy WITH A COPY TO: Nelson Mullins Broad and Cassel 390 N. Orange Avenue, Suite 1400 Orlando,Florida 32801 4839-3055-9657 v.8 Attn: Randal M.Alligood,Esq. INVESTOR: c/o Raymond James Tax Credit Funds,Inc. 880 Carillon Parkway St.Petersburg,Florida 33716 Facsimile No.: 727-567-8455 Attention: Steven J.Kropf,President Nixon Peabody LLP Exchange Place 53 State Street Boston,MA 02109 Attn:Nathan A.Bernard Facsimile No.: 617-345-1000 17. ONE PARCEL. In case of a foreclosure sale of the Mortgaged Property,it may be sold as one parcel. 18. BORROWER'S COPY. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation thereof. 19. LAWFULLY SEIZED. Borrower is lawfully seized of the Mortgaged Property and has good right, full power, and lawful authority to sell and convey the same in the manner above provided, and will warrant and defend the same to Lender forever against the lawful claims and demands of any and all parties whatsoever. 20. BORROWER NOT RELEASED. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release in any manner the liability of the original Borrower and Borrower's successor in interest.Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. 21. CAPTIONS. The captions of this Mortgage are for convenience only and shall not be construed as defining or limiting the scope or intent of the provisions hereof. 22. SUCCESSORS AND ASSIGNS. This Mortgage and all covenants, agreements, terms, and conditions herein contained shall be binding upon and inure to the benefit of Borrower, and,to the extent permitted by law, every subsequent owner of the Mortgaged Property and shall be binding upon and inure to the benefit of Lender and its assigns. The word"Lender" shall include any person, corporation, or other party who may from time to time be the holder of this Mortgage.Whenever used herein,the singular number shall include the plural,the plural number shall include the singular, and the use of any gender shall be applicable to all genders wherever the sense requires. 23. VENUE AND APPLICABLE LAW 4839-3055-9657 v.8 Each party covenants and agrees that any and all legal actions arising out of or connected with this Mortgage shall be instituted in the state courts located in and for Palm each County,Florida,as the exclusive forams and venues for any such action, subject to any right of either party to removal from state court to federal court, which is hereby reserved, and each party further covenants and agrees that it will not institute any action in any other forum or venue and hereby consents to immediate dismissal or transfer of any such action instituted in any other forum or venue.This Mortgage is entered into within,and with reference to the internal laws of,the State of Florida,and shall be governed, construed and applied in accordance with the internal laws(excluding conflicts of law)of the State of Florida. 24. SURVIVABILITY AND SEVERABILITY a. Any term,condition,covenant or obligation which requires performance by either party subsequent to termination of this Mortgage shall remain enforceable against such party subsequent to such termination, b. In the event any section, sentence, clause or provision of this Mortgage is held to be invalid, illegal or unenforceable by a court having jurisdiction over the matter, the remainder of this Mortgage shall not be affected by such determination and shall remain in fall force and effect. 25. RELEASE Upon payment of all sums secured by this Mortgage and the Note, the Lender shall release this Mortgage and the Note.The Borrower shall pay all recordation costs. 26. NONRECOURSE The Borrower, its members and successors and assigns shall only be liable upon the indebtedness evidenced by the Agreement,and sums or amounts to accrue or to become payable thereunder or under this Mortgage or either of them, to the extent of the nonrecourse security granted under the Agreement or the Mortgage. If a default occurs, any judicial proceedings or enforcement of the remedies under the Agreement and this Mortgage against the Borrower,its members and successors and assigns shall be limited to the preservation, enforcement and foreclosure of the liens, estates, assignments, titles,rights and security interests now or at any time hereafter acquired in such security and no judgment, attachment, execution or other writ of process shall be sought,issued or levied upon the assets,property or funds of the Borrower, its members or successors and assigns other than the properties, rights, estates and interests of the Borrower as are identified as security in this Mortgage. In the event of a foreclosure or other disposition as provided for in this Mortgage of such liens, estates, assignments, titles, rights and security interests, whether by judicial proceedings or the exercise of the power of sale,nojudgment for the deficiency of such indebtedness, sums and amounts shall be sought or obtained against the Borrower and/or its successors and assigns. 27. MERGER AND MODIFICATIONS This Mortgage will not be modified or amended except by agreement in writing signed by both parties. This Mortgage embodies the entire agreement and understanding between the parties hereto and there are no other agreements and/or understandings, oral or written,with.respect to the subject matter hereof,that are not merged herein and superseded hereby. [Signatures on the following page] THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 4839-3055-9657 v.8 IN'WITNESS WHERE,OF, this Mortgage has been duly signed and sealed by the Borrower on or as of the day and year first above written. OCEAN BREEZE EAST APARTME ` - LLC,a Florida limited liability compan ltrtess Sig,�ratru•e � _ f / V Vt €-V /"7 r By: Ocean Breeze r a,I°lorida Name print d or typed limited cor is I eager t v y: 4 i ss Si Iture I S` Manager Narne printed or typed STATE OF FLORIDA COUNTY OF l - The foregoing instrument was acknowledged before me this day of 2019, by Lewis V. Swezy, as manager of Ocean Breeze Manager LLC, a Florida limited liability company, the manager o ce4,n Breeze East Apartments LLC, a Florida limited liability company, who is per s®r ftp -1 -F o .e-oy4ho has produced as idcr�kiBcat on Witness nay hand and official seal the date afores i ,� Notary Public, State of Fl fida at Large Alarery Pubic S18te d F9otttta Richard R Grammig My Comms GG 321400 or M1 F�riras 0711512023 Notary: Print or Type Name My Commission Expires - 1 � 4839-3055-9657 v.5 MORTGAGE Ocean Breeze East Apartments Exhibit"A" Legal Description The land referred to herein below is situated in the County of Palm Beach, State of Florida, and described as follows: Lots 3 through 12 inclusive, in Block 1, AND Lots 1 and 2, in Block 1, LESS all that portion of Lots 1 and 2 lying West of the East right-of-way line for Seacrest Boulevard as shown on Road Plat Book 5, at Page 182 AND LESS a 20 foot return curve area for road right-of-way, PALM BEACH COUNTRY CLUB ESTATES, according to the plat thereof, as recorded in Plat Book 11, at Page 43, of the Public Records of Palm Beach County, Florida. AND The South 1/2 of the East 1/2 of Lot 2 of Subdivision of the West 1/2 of the Southeast 1/4 of Section 21,Township 45 South, Range 43 East, LESS the South 125 feet thereof; LESS the parcels conveyed to the City of Boynton Beach by Official Records Book 852, Page 642, and LESS the right-of-way for Seacrest Boulevard, as shown on Road Plat Book 5, at Page 182, according to the plat thereof, as recorded in Plat Book 1, at Page 4, Public Records of Palm Beach County, Florida. End of Exhibit"A" 4839-3055-9657 v.8 PROMISSORY NOTE AND LOAN AGREEMENT Folio Number and Property Address: See Exhibit"A": Date: November 7, 2019 Amount.- $567,500.00 FOR VALUE RECEIVED,the undersigned,hereinafter referred to as"Boffower,"pro mises to pay to the order of THE CITY OF EO ON BEACH, a political subdivision of the State of Florida, hereinafter referred to as "Lender", or its successors, the sum Five Hundred Sixty-Seven Thousand Five Hundred and NO/100 Dollars($567,500.00)(the "Loan Sum")to the extent such amount has been disbursed by Lender to Borrower. LOAN AGREEMENT: Lender shall loan to Borrower on or after the date hereof,the Loan Sum in one or more draws upon written request of Borrower for the purpose of developing and constructing a 123 unit multifamily apartment complex to be owned,used and operated as low income housing under IRC Section 42 (the "Project"). Such request shall be accompanied by a draw request approved by the first mortgage construction lender showing the specific uses of the requested draw from the Lender for hard and soft costs of the Project and also showing disbursement of first mortgage to proceeds to the Borrower. Borrower shall not use the Loan Sum proceeds for any purpose other than the hard and soft costs associated with the Project. Subject to the foregoing,the funding will occur upon commencement or during construction,but no later than twelve(12)months after the date of closing. LOAN PAYMENT: Borrower shall promptly pay the principal of the indebtedness evidenced by this Note,and all other charges and indebtedness provided herein and in that certain Mortgage to be entered into on date even herewith and recorded in the Public Records of Palm each County,Florida(the"Mortgage"),at the times and in the manner provided in this Note and in the Mortgage. The interest to on the loan shall be zero percent(0%)interest. Payment of any principal shall be due in full on the twentieth annual anniversary of the to hereof (hereinafter referred to as the"Loan Term"). This Note may,be forgiven any time after the end of the Compliance Period (as defined in the Borrower's Amended and Restated Operating Agreement) in the sole and absolute discretion of the Lender. Loan payment hereunder is secured by the terms of that certain Mortgage by and between Borrower and Lender dated of even date herewith(the"Mortgage"), DEFAULT & ACCELERATION: Lender all have the optional right to declare the amount of the total unpaid balance hereof to be due and forthwith payable in advance of the maturity to of any sum due or installment, as fixed herein, after notice has been given in accordance with the terms and conditions in the Mortgage securing this Note,upon the occurrence of any event or failure to perform,in accordance with any of the terms and conditions in the Mortgage or this Note. Notwithstanding anything herein to the contrary, Borrower's investor member shall have the right, but not the obligation,to cure a default hereunder within the same cure period as Borrower. ESTOPPEL/WAIVER: Failure of Lender to declare a default shall not constitute a waiver of such default.Upon default,this Note will accrue interest at the highest to permissible under applicable law,or,if this Note be reduced to judgment, such judgment should be interest at the highest rate perinissible and applicable law. Promissory Note and Loan Agreement(City of Boynton Beach)—Ocean Breeze 4824-5364-0361 v.8 PREPAYMENT: Borrower reserves the right to prepay at any time all or part of the principal amount of this Note without the payment of penalties or premiums. All payments of this Note,prior to default, shall be first applied to reduce the principal amount of this Note and second to the payment of interest,if any. COLLECTION COSTS: If suit is instituted by Lender to recover this Note,Borrower agree(s)to pay all reasonable out of pocket costs of such collection including reasonable attorney's fees and court costs. PARTIES:The words`Borrower"and"Lender"in this Note shall be construed to include the respective heirs,personal representatives, successors,and assigns of the Borrower and the Lender. CONSTRUCTION AND VENUE: Each party covenants and agrees that any and all legal actions arising out of or connected with this Note shall be instituted in the state courts located in and for Palm Beach County,Florida,as the exclusive forums and venues for any such action, subject to any right of either party to removal from state court to federal court,which is hereby reserved,and each party further covenants and agrees that it will not institute any action in any other forum or venue and hereby consents to immediate dismissal or transfer of any such action instituted in any other forum or venue. This Note is entered into within, and with reference to the internal laws of, the State of Florida, and shall be governed, construed and applied in accordance with the internal laws(excluding conflicts of law)of the State of Florida. NONRECOURSE: The nonrecourse terms of the Mortgage are incorporated herein by reference and shall survive regardless of whether the mortgage is satisfied or amended. THIS NOTE ARISES OUT OF OR IS GIVEN TO SECURE THE REPAYMENT OF A LOAN ISSUED IN CONNECTION WITH THE FINANCING OF AFFORDABLE HOUSING AND IS EXEMPT FROM DOCUMENTARY AND INTANGIBLE TAXES PURSUANT TO SECTION 420.513(l), FLORIDA STATUTES. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Promissory Note and Loan Agreement(City of Boynton Beach)—Ocean Breeze Z 4824-5364-0361 v.8 IN WITNESS Vd1 EREOF, this Note has been duly executed by Borrower as of the day and year first written above. OCEAN BREEZE EAST APARTMENTS LLC,a Florida limited liability company fitness sigdature % - By: Ocean Breeze—M ager C; a Flor` a Name print or typed limited.,li i mot any, its g r u- By:. Wl' s Si titre wis .Swe2 lat er Name printed or typed STATE.OF FLORIDA COUNTY OF t evj The foregoing instrument was acknowledged before me this day of AIP 11 ,2019, by Levis V. Swezy,as manager of Ocearn Breeze Manager LLC,a Florida limited liability con airy,the manager of Ocean Breeze East Apartments LLC,a Florida limited liability eotnpa ; �.7l is.personally known[�me or who has produced as identification. Witness my hand and official seal the date aforesai L- =��- NoUq Pubs state or FWda Notary Pnblic,State of Flor` at Large RiChard P Gramrnig "�,, W Cc�r M44ian GG 321400 `a Expires OM5F2023 �`6-- EE! " - Notary;print or Type Name iuly COIWAssion l xpires - lT-1-73 Promissory Note and Loan Agreement(City of Boynton Beach)- Ocean Breeze -, 4524-5364-0361 v.S IN WITNESS WHEREOF,this Note has been duly executed by Lender as of the day and year first written above. THE CITY OF BOYNTON BEACH, a political subrithe St o a i ness Si at-u $yNae ted art e Naf Title: it ess Sig at e Nd�u e printed or typed J� z, STATE OF FLORIDA COUNTY OF jja The foregoing instrument was acknowledged before me this day of NOr , 19,by as of who is 1 personally known to me or `rho has produced as identification----- Witness dentificationWitness my hand and official seal the date aforesaid, Not a lic, of Florida at Large + i 1 Y\,! Notary: Print or Type Name My Commission Expires SO$ Bonnie Nicldien NOTARY PUBLIC STATE OF FLORIDA Comm#GG108394 Expires 5/25/2021 Promissory Note and Loan Agreement(City of Boynton Beach)—Ocean Breeze q 4824-5364-0361 v.8 PROMISSORY NOTE AND LOAN AGREEMENT Ocean Breeze East Apartments Exhibit"A" Le=gal Description The land referred to herein below is situated in the County of Palm Beach,State of Florida, and described as follows: Lots 3 through 12 inclusive, in Block 1, AND Lots 1 and 2, in Block 1, LESS all that portion of Lots 1 and 2 lying West of the East right-of-way line for Seacrest Boulevard as shown on Road Plat Book 5, at Page 182 AND LESS a 20 foot return curve area for road right-of-way, PALM BEACH COUNTRY CLUB ESTATES, according to the plat thereof, as recorded in Plat Book 11, at Page 43, of the Public Records of Palm Beach County, Florida. AND The South 112 of the East 112 of Lot 2 of Subdivision of the West 1/2 of the Southeast 114 of Section 21, Township 45 South, Range 43 East, LESS the South 125 feet thereof; LESS the parcels conveyed to the City of Boynton Beach by Official Records Book 852, Page 642, and LESS the right-of-way for Seacrest Boulevard, as shown on Road Plat Book 5,at Page 182, according to the plat thereof, as recorded in Plat Book 1, at Page 4, Public Records of Palm Beach County, Florida. End of Exhibit"A" Promissory Note and Loan Agreement(City of Boynton Beach)—Ocean Breeze 5 4824-5364-0361 v.8 EXHIBIT B First Amendment to Purchase and Development Agreement—Ocean Breeze East GUARANTY OF COMPLETION THIS GUARANTY OF COMPLETION (this "Guaranty") is made effective as of the 7th day of November 2019, notwithstanding the date of execution, by Lewis V. Swezy, an individual resident of the State of Florida (the "Guarantor"), in favor of BOYNTON EACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part 111, of the Florida Statutes, whose principal address is 3301 Quantum Blvd, Suite 101, Boynton Beach, FL 33426 (the 44CRA"). RECITALS: WHEREAS, Ocean Breeze East Apartments LLC, a Florida limited liability company (the "Company")and the CRA entered into that certain Purchase and Development Agreement dated effective as of December 15,2017(the"PDA"); WI]E AS,the Company has requested an amendment to the PDA; WHEREAS, the CRA requires,as a condition to making the amendment,that Guarantor execute and deliver this Guaranty for the benefit of the CRA. NOW, 'THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt of which is hereby acknowledged, and in order to induce the CRA to make the amendment to the PDA, Guarantor hereby represents,warrants and covenants to the CRA as follows: 1. Obligations Guaranteed. Guarantor unconditionally guarantees to the CRA, (a) the final completion of the improvements by the Company (the "Project'-) on the land described on Exhibit A attached hereto, free and clear of all liens (other than liens described in that certain First American Title Company Title Insurance Commitment No. 2037-4488741 dated October 2, 2019), substantially in accordance with the description of such improvements set forth on Exhibit B attached hereto ("Final Completion"); (b) the Company's obligation to pay all sewer and water rents, impact fees, permitting fees, any other fees levied by any governmental authority having jurisdiction over the Project in connection with the development or construction of the Project, real estate taxes and assessments and payments in lieu of the foregoing, assessed or levied against the Project during the period of construction until Final Completion; and (c) payment in full of any and all reasonable expenses that may be paid or incurred by the CRA in the collection of all or any portion of Guarantor's obligations hereunder or the exercise or enforcement of any one or more of the other rights, powers,privileges, remedies and interests of the CRA hereunder, including, without limitation, reasonable attorneys' and paralegals' fees, irrespective of the manner or success of any such collection, exercise or enforcement, at trial, on appeal, in any bankruptcy proceedings or whether suit be brought or not, and whether or not such expenses constitute part of the Company's obligations. 2. Unconditional GuarantyThis Guaranty is an absolute, unconditional, primary, present and continuing guaranty of payment and performance and not of collection and is in no way conditioned or contingent upon. any attempt to enforce the CRA's rights against the Company or any other guarantor or to collect from the Company or any other Guarantor or upon any other condition or contingency. Guarantor hereby waives and releases any claim (within the meaning of 11 U.S.C. § 101) which such Guarantor may have against the Company arising from a payment made by such Guarantor under this Guaranty and agrees not to assert or take advantage of any subrogation rights of such Guarantor or any right of such Guarantor to proceed against the Company for reimbursement, unless and until the Guaranteed Obligations are indefeasibly paid in full in cash, 4827-4125-3289 v.6 3. Liabili!y Unimpaired. To the fullest extent permitted by law, Guarantor's liability hereunder shall in no way be limited or impaired by any act or inaction of the CRA or the City of Boynton each (the"City") in connection with that certain Promissory Note and Loan Agreement by the Company to the order of the City, dated of even date herewith (the "Loan Agreement") or that certain Mortgage by and between the Company and the City dated of even date herewith(the"Mortgage"). 4. Reinstatement. This Guaranty shall continue to be effective, or be reinstated automatically, as the case may be, if at any time payment, in whole or in part, of any of the obligations guaranteed hereby is rescinded or otherwise must be restored or returned by the CRA (whether as a preference, fraudulent conveyance or otherwise) upon or in connection with the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company, Guarantor or any other Person, or upon or as a result of the appointment of a receiver, intervenor or conservator of, ortrustee or similar officer for, the Company, Guarantor or any other Person or for a substantial part of the Company's, Guarantor's or any of such other Person's property, as the case may be, or otherwise, all as though such payment had not been made. Guarantor her agrees that in the event any such payment is rescinded or must be restored or returned, all costs and reasonable expenses (including, without limitation, reasonable legal fees and expenses) incurred by or on behalf of the CRA in defending or enforcing such continuance or reinstatement, as the case may be, shall constitute costs of enforcement, the payment of which is guaranteed by Guarantor pursuant to Paragraph 1 above. 5. Litigation, Compliance with Judgments. Guarantor represents and warrants that there are no actions, suits or proceedings pending or threatened against or affecting such Guarantor, at law, in equity or before or by any governmental authorities which would have a material effect on such Guarantor's ability to perform its obligations hereunder. To the best of Guarantor's knowledge, Guarantor is not in default with respect to any order, writ, injunction, decree or demand of any court or governmental authorities. 6. Authorization and Enforceability, No Conflicts. Guarantor represents and warrants that it has the fall power and authority to enter into and perform its obligations under this Guaranty and this Guaranty is a legal, valid and binding instrument, enforceable against Guarantor in accordance with its terms, The execution, delivery and performance of this Guaranty has been authorized by all proper and necessary actions of Guarantor. Guarantor represents and warrants that the consummation. of the transactions contemplated hereby and the performance of this Guaranty have not resulted and will not result in any breach of, or constitute a default under, any mortgage, deed oft st, lease, bank loan or credit agreement, corporate charter, by-laws, partnership agreement, trust agreement or other instrument to which such Guarantor is a party or by which such Guarantor may be bound or affected. 7. Compliance with Laws. Guarantor represents and warrants that Guarantor is in compliance with, and the transactions contemplated by this Guaranty do not and will not violate any provision of, or require any filing, registration, consent or approval under, any federal, state or local law, rule, regulation, ordinance, order, writ,judgment, injunction, decree, determination or award(hereinafter, "Laws") presently in effect having applicability to such Guarantor. Guarantor will comply promptly with all Laws now or hereafter in effect having applicability to Guarantor. 8. Accuracy of Information, Full Disclosure. Guarantor represents and warrants that neither this Guaranty nor any documents, financial statements,reports,notices, schedules, certificates, statements or other writings furnished by or on behalf of Guarantor to the CRA in connection with the negotiation of the amendment to the PDA or the consummation of the transactions contemplated thereby, or required herein to be furnished by or on behalf of Guarantor, contains any untrue or misleading statement of a material fact as of the date thereof; to Guarantor's knowledge, there is no fact which Guarantor has not 4827-4125-3289 v.6 disclosed to the CRA in writing which materially affects adversely any of the Project or the business affairs or financial condition of Guarantor,or the ability of Guarantor to perform this Guaranty, 9. Mechanics' Liens. If the Company and/or Guarantor shall have completed or caused the completion of the construction of the Project, so as to achieve Final Completion, then upon the expiration of any time period beyond the date in which the Company or Guarantor has achieved Final Completion, within which mechanics, materialinen or other Persons (collectively, "Mechanics') are entitled to file liens against the Project for development,construction, materials or related work claims(such completion and the expiration of such time period, is herein referred to as the "Completion of the Project'), Guarantor shall be released of any further obligations under this Guaranty; pmy&d,however, if the CRA shall have received after Completion of the Project, duly executed lien waivers from all Mechanics entitled.to file liens against the Project evidencing the payment in full for all of their work relating to the Project, this Guaranty shall terminate upon receipt of such lien waivers. The CRA agrees that upon the CRA's receipt of evidence satisfactory to the CRA of the Completion of the Project, and, provided, that no undischarged liens which have not been bonded over shall have been filed against the Project by Mechanics, CRA shall deliver a written confirmation that this Guaranty is limited only to a guaranty against the filing of subsequent liens against the Project by Mechanics with respect to which such duly executed lien waivers have not been received by the CRA. Thereafter, this Guaranty shall continue as a guaranty against claims and liens by Mechanics that have not been waived until Mechanics are no longer legally entitled to file any such claims or liens against the Project, whereupon the CRA, upon receipt of written request from Guarantor, shall deliver to Guarantor the CRA's final written confirmation of termination of this Guaranty in full, provided that no undischarged Mechanics' liens have been filed against the Project. 10. Non-Waiver Remedies Cumulative. No failure or delay on the CRA's part in exercising any right,power or privilege under this Guaranty shall operate as a waiver of any such privilege,power or right or shall be deemed to constitute the CRA's acquiescence in any default by Guarantor. A waiver by the CRA of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the CRA otherwise would have on any future occasion. The rights and remedies provided herein are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law. 11. Severability. Any provision of this Guaranty, or the application thereof to any Person or circumstance,which, for any reason, in whole or in part, is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Guaranty(or the remaining portions of such provision)or the application thereof to any other Person or circumstance, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision (or portion thereof) orthe application thereof to any Person or circumstance in any other jurisdiction. 12. Entire Avreement, Amendments. This Guaranty contains the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral or written agreements or statements relating to such subject matter, and none of the terms and provisions hereof may be waived, amended or terminated except by a written instrument signed by the Person against who enforcement of the waiver,amendment or termination is sought. 13. Successors and Assigns. This Guaranty shall be binding upon and shall inure to the benefit of the CRA and Guarantor and their respective heirs, personal representatives, successors and assigns. This Guaranty may be assigned by the CRA with respect to all or any portion of the obligations guaranteed hereby, and when so assigned Guarantor shall be liable under this Guaranty to the assignee(s) of the portion(s) of the obligations guaranteed hereby so assigned without in any mariner affecting the 4827-4125-3289 v.6 liability of Guarantor hereunder to the CRA with respect to any portion of the obligations guaranteed hereby retained by the CRA. 14. WAIVER OF TRIAL BY JURY. GUARANTOR, AND BY ITS ACCEPTANCE HEREOF, THE CRA, EACH HEREBY AGREES NOT TO ELECT A TRIAL BY JURY OF ANY ISSUE TRIABLE OF RIGHT BY JURY, AND WAIVE ANY RIGHT TO TRIAL BY JURY FULLY TO THE EXTENT THAT ANY SUCH RIGHT SHALL NOW OR HEREAFTER EXIST WITH REGARD TO THE GUARANTY, OR ANY CLAIM, COUNTERCLAIM OR OTHER ACTION ARISING IN CONNECTION THEREWITH. THIS WAIVER OF RIGHT TO TRIAL BY JURY IS GIVEN KNOWINGLY AND VOLUNTARILY BY GUARANTOR AND THE CRA, AND IS INTENDED TO ENCOMPASS INDIVIDUALLY EACH INSTANCE AND EACH ISSUE AS TO WHICH THE RIGHT TO A TRIAL BY JURY WOULD OTHERWISE ACCRUE. GUARANTOR AND THE CRA ARE EACH HEREBY AUTHORIZED TO FILE A COPY OF THIS PARAGRAPH IN ANY PROCEEDING AS CONCLUSIVE EVIDENCE OF THIS WAIVER. 15. ADDITIONAL WAIVERS IN THE EVENT OF ENFORCEMENT, GUARANTOR HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVES, IN CONNECTION WITH ANY SUIT, ACTION OR PROCEEDING BROUGHT BY OR ON BEHALF OF THE CRA ON THIS GUARANTY,ANY AND EVERY RIGHT GUARANTOR MAY HAVE TO (I)INJUNCTIVE RELIEF, (II) INTERPOSE ANY COUNTERCLAIM THEREIN (OTHER THAN COMPULSORY COUNTERCLAIMS), AND (III) HAVE THE SAME CONSOLIDATED WITH ANY OTHER OR SEPARATE SUIT, ACTION OR PROCEEDING. NOTHING HEREIN CONTAINED SHALL PREVENT OR PROHIBIT GUARANTOR FROM INSTITUTING OR MAINTAINING A SEPARATE ACTION AGAINST THE CRA WITH RESPECT TO ANY ASSERTED CLAIM. 16. Governing Law; Submission To Jurisdiction. This Guaranty and the rights and obligations of the parties hereunder shall in all respects be governed by, and construed and enforced in accordance with,the laws of the State of Florida(without giving effect to Florida's principles of conflicts of law). Guarantor hereby irrevocably submits to the exclusive jurisdiction of the state courts located in and for Palm Beach County over any suit, action or proceeding arising out of or relating to this Guaranty, and Guarantor hereby agrees and consents that, in addition to any methods of service of process provided for under applicable law,all service of process in any such suit, action or proceeding in any Florida State or Federal court sitting in the County of Palm Beach may be made by certified or registered mail, return receipt requested, directed to Guarantor at the address indicated below, and service so made shall be complete ten(10)days after the same shall have been so mailed. 17. Paragraph Headings. Any paragraph headings and captions in this Guaranty are for convenience only and shall not affect the interpretation or construction hereof. 18. Notices.Notices shall be given with respect to Guarantor at the address set forth below: GUARANTOR: Lewis V. Swezy c/o Centennial Management Co. 7735 NW 146 Street, Suite 306 Miami Lakes,FL 33016 WITH A COPY TO: Nelson Mullins Broad and Cassel 390 N. Orange Avenue, Suite 1400 Orlando,Florida 32801 Attn: Randal M.Alligood,Esq. 48274125-3289 v.6 19. Countei j)arts. This Guaranty may be executed in any number of counterparts, each of which shall be an original and all of which shall constitute together but one and the same agreement. [EXECUTION PAGE FOLLOWS] 48274125-3289 v.6 [SIGiVATURE I'AGE TO GUAR,,,11V7T OF MVPLEMN] _ IN WITNESS WHEREOF, Guarantor has caused this Guaranty to be duly exec ited andQ:pl vered by its duly authorized official as of the 7th day of November 2019. GUARANTOR: L IS V. Y 4827-4125-3289 v.6 EXHIBIT A Legal Description The land referred to herein below is situated in the County of Palm Beach, State of Florida,and described as follows: Lots 3 through 12 inclusive,in Block 1,AND Lots I and 2, in Block 1,LESS all that portion of Lots I and 2 lying West of the East right-of-way line for Seacreit Boulevard as shown on Road Plat Book 5,at Page 182 AND LESS a 20 foot return curve area for road right-of-way,PALM BEACH COUNTRY CLUB ESTATES,according to the plat thereof,as recorded in Plat Book 11,at Page 43,of the Public Records of Palm Beach County,Florida. AND The South 1/2 of the East 1/2 of Lot 2 of Subdivision of the West 1/2 of the Southeast 1/4 of Section 21, Township 45 South,Range 43 East,LESS the South 125 feet thereof; LESS the parcels conveyed to the City of Boynton Beach by Official Records Book 852,Page 642, and LESS the right-of-way for Seacrest Boulevard,as shown on Road Plat Book.5,at Page 182, according to the plat thereof, as recorded in Plat Book 1, at Page 4,Public Records of Palm each County,Florida. 4827-4125-3289 v.6 EXHMIT B Description of Improve m nts I. If requested or required by the CRA, the Project will be designed to be a gated community to enhance the value of the Property. A decorative fence may be installed around the buildings comprising the Project to create an enclosed space. If requested or required by the CRA, a mechanical gate will be installed at the entry and exit of the Project requiring proof of residency for entry. Gates shall not be required if space required for gates (including stacking and turn- around requirements) is impractical or would negatively impact other elements of the site plan including the unit count. 1 The Project will have a minimum of a 6'sidewalk constructed around the entirety of the Project. 3, The Project will include street lights installed along the entire perimeter of the Project that are complimentary to those existing along the east side of N. Seacrest Boulevard adjacent to the Property. 4. The Project will include on-street parking spaces,where feasible, 5. The Project will include street and site trees that exceed the size and caliper requirement of the City's Land Development Regulations which will be installed along the entire perimeter of the Project, 6, The Project will include enhanced resident amenities within the proposed project boundaries. 7. The Project will include plaza style open space that exceeds the requirement of the City's Land Development Regulations with landscape, hardscape and accent lighting features preferably located on N. Seacrest Boulevard or at the comer of N. Seacrest Boulevard and NE 7th Avenue. 8. The Project will include construction of a three (3) story, 100-123 unit affordable multi-family rental housing development, with flex space for a new Neighborhood Officer Program office and community space,which shall be provided to the CRA for said use rent free and be constructed in accordance with the site plan. 48274125-3289 v.6 EXHIBIT C First Amendment to Purchase and Development AgTeernent—Ocean Breeze East This instrument prepared by and return to: Randal M. Alligood,Esq. Nelson Mullins Broad and Cassel 390 North Orange Avenue, Suite 1400 Orlando,Florida 32801 TERMINATION OF REVERTER AGREEMENT THIS TERMINATION OF REVERTER AGREEMENT (this "Termination") is executed this 7th day of November 9 2019 by OCEAN BREEZE EAST APARTMENTS LLC, a Florida limited liability company ("Ocean Breeze"), whose address is 7735 NW 146h Street, Suite 306, Miami Lakes, Florida 33016 and BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes("Seller"). WITNESSETH: WHEREAS, Seller entered into that Reverter Agreement with Ocean Breeze as of December 15, 2017 (the "Reverter") with regard to the real property described in the attached Exhibit A(the "fLqpertl"); WHEREAS, Ocean Breeze and Seller desire to terminate the Reverter; NOW,THEREFORE, for and in consideration of the premises hereof and of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. The foregoing recitals are true and correct and are incorporated herein by this reference. Capitalized terms not otherwise defined herein shall have the meaning as set forth in the Reverter. 2. The Reverter is terminated in its entirety and shall be of no further force or effect whatsoever, and Seller has no further rights of reversion or to a repurchase of the Property under the Reverter or under any other agreement. 3. The Reverter is the"Reverter Agreement"referred to in that certain Warranty Deed dated January 31,2018, from Seller to Ocean Breeze as recorded in Of Records Book 29685, Page 749 oft e Public Records of Palm each County,Florida, and for clarity, any reverter rights under such Warranty Deed are also terminated. 4. This Agreement may be recorded. 1 of 3 4847-6277-5977 v.5 CONSENTED TO BY: Witness: a OCEAN BREEZE EAST APARTMENTS LLC, a Print Nar e: /+:,[L,c 7/' Florida limited liability company �� w By: Ocean Breeze Mana er CFlorida Witness: 4limited liability c a t r Print Na . ' By: Lev' e , iv nage:. STATE OF FLORA COUNTY OF t t 1 -4 The foregoing instrument was acknowledged before nue this day of �7 , 2019, by Lewis V. Swezy, as manager of Ocean Breeze Manager LLC, a Florida limited liability company, as manager of Ocean Breeze Fast Apartments LLC, a Florida limited liability company, who has produced as iclentiBcator anis peal rel to...rne Notary Public Notary Public State of FkMida Richard P Gramm g Print Narne: �4 e - � w My Comm"ion GG 321400 rib 07115/2023 My Commission Expires: 1 ' 3 of 4 Witness: BOYNTON BEACHCOMMUNITY Print Name: �,:., REllE�' ' PM T A CY ... r X'/ By: Witness: N e: Print Name: Title: STATE OF FLORIDA COUNTY OF "� The foregoing instrument was acknowledged before me this CDday of , 2019, by fb• C- , as CA IN- ` W tAftZof Boynton Beach Community Redevelopment Agency, a public agency created pursuant to Chapter 163, art III, of a Statutes, who has produced as identification or is ersonally no n to e. y Bonnie Nickiien 1 Mary P lic NOTARY PUBLIC STATE OF FLORIDA Print Name: 000tjt�; 1 c GG1o839a Expires 5/25/2021 My Commission Expires: 2 3 of 4 EXHIBIT A Legal Descriptio The land referred to herein below is situated in the County of Palm Beach, State of Florida, and described as follows, Lots 3 through 12 inclusive, in Block 1, AND Lots 1 and 2, in Block 1, LESS all that portion of Lots 1 and 2 lying West of the East right-of-way line for Seacrest Boulevard as shown on Road Plat Book 5, at Page 182 AND LESS a 20 foot return curve area for road right-of-way, PALM BEACH COUNTRY CLUB ESTATES, according tote plat thereof, as recorded in Plat Book 11, at Page 43, of the Public Records of Palm each County, Florida. AND The South 1/2 of the East 1/2 of Lot 2 of Subdivision of the West 1/2 of the Southeast 1/4 of Section 21,Township 45 South, Range 43 East, LESS the out 125 feet thereof-, LESS the parcels conveyed to the City of Boynton each by Official Records Book 852, Page 642, and LESS the right-of-way for Seacrest Boulevard, asshown on Road Plat Book 5, at Page 182, according tote plat thereof, as recorded in Plat Book 1, at Page 4, Public Records of Palm Beach County, Florida. 4 of 4 EXHIBIT D The land referred to herein below is situated in the County of Palm each, State of Florida,and described as follows: Lots 3 through 12 inclusive, in Block 1,AND Lots I and 2, in Block 1, LESS all that portion of Lots 1 and 2 lying West of the East right-of-way line for Seacrest Boulevard as shown on Road Plat Book 5, at Page 182 AND LESS a 20 foot return curve area for road right-of-way,PALM BEACH COUNTRY CLUB ESTATES,according to the plat thereof, as recorded in Plat Book 11,at Page 43, of the Public Records of Palm Beach County,Florida. AND The South 1/2 of the East 1/2 of Lot 2 of Subdivision of the West 1/2 of the Southeast 1/4 of Section 21,Township 45 South,Range 43 East,LESS the South 125 feet thereof; LESS the parcels conveyed to the City of Boynton each by Official Records Book 852, Page 642, and LESS the right-of-way for Seacrest Boulevard, as shown on Road Plat Book 5, at Page 182, according to the plat thereof,as recorded in Plat Book 1,at Page 4, Public Records of Palm Beach County,Florida. First Amendment to Purchase and Development Agreement—Ocean Breeze East Meeting Minutes Community Redevelopment Agency Board Boynton Beach Florida October 12, 2021 17 A. Consideration of a Second Amendment to the Purchase and Development Agreement to delete the Flex Space for a 'New Neighborhood Officer Program Office and Community Space in the Ocean Breeze East Project (Heard out of Order) Ms. Shutt explained this item is a request to consider the second amendment to the Purchase and Development Agreement to delete the obligation to provide flex space for the new Neighborhood Officer Program in the Ocean Breeze East project completed in December that built 123 affordable rental apartments. Ms. Elizabeth Roque was present for Ocean Breeze East. The CRA had a requirement for Centennial Management to have the space within the development. There were a number of attempts to find funds to build the office, but in August 2020, the Police Chief requested an office on MLK Jr. Boulevard in a mixed-use property they are getting ready to build in the next few months. This space could be used for a community use or revert back to a residential use. On October 1 St, Centennial Management issued a request for the CRA to waive the requirement. Ms. Roque will also present to the Board, project close-out data including the number of residents served and how many jobs will be provided to the Boynton Beach business. If the Board was interested in pursuing the request, there are two options: amend the original Development Agreement to eliminate the requirement and amend the MLK Purchase and Development Agreement to ensure there is an accommodation for the NOP Office there. Elizabeth Roque, Centennial Management, explained they were asked how many people from Boynton Beach were hired. She responded RS Construction hired the following subcontractors for the Ocean Breeze Development, who were Ridgeway Plumbing at 640 Industrial Avenue Boynton Beach, and Sir Electric at 1401 Neptune Drive, Boynton Beach. They also hired a local Boynton Beach resident, "Tory" who is doing an excellent job at Ocean Breeze and Centennial Management issued notices for landscapers. People applied, but she did not know if they were from Boynton Beach. Ocean Breeze East was a very successful construction project. The lease up of the 123 unit project was completed in 10 months and was 100% occupied by December 2020. Forty-six units were leased by Boynton Beach residents. The remaining tenants were from Palm Beach County, a few from Broward and two families were from Miami. The outparcel they have is being used for storage. There were some requests to use space in OBE: one was for a dance studio and another for an academy. She commented considering their request to be relieved of an obligation, she did not feel it was an obligation. They want to do something for the City. If they can put a non-profit or a dance studio there, they are happy to do so. They are not looking to make money, only to better the community. They would just have to figure out how to do so, build it out and meet that need. Chair Grant commented the CRA cannot put a non-profit there. The agreement stated they would fund the Neighborhood Officer office there. The CRA could still fund a program to go there. Ms. Shutt advised the CRA was to build it out. The building is a shell, the plumbing is there. They would need to put framing up, build one or two 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach Florida October 12, 2021 bathrooms and determine the space needs. Chair Grant wanted to ensure the CRA puts in their fair share for things to help the community. He suggested issuing a press release or information about space available for a non-profit. They like helping the youth as they do not have enough activity. Attorney Rossmell commented if the CRA proposed to remain open to fund expenses that would otherwise qualify for property development grants the CRA has, they are within the CRA mission for the project as it moves forward. She clarified If they want a condition for consideration for the movement made between the two projects, some sort of funding to help with infrastructure improvements, the Board should ask staff to do so. Chair Grant requested the CRA help with the build-out of the flex space for the betterment of the community. Based on comments from the residents, he believes something for the youth would provide the best benefit to the community. He requested they come back to request cost assistance to that space, they can move forward. Ms. Roque explained she can remove the request. Ms. Shutt commented they would want input on the cost as the last estimate it was substantial. Chair Grant requested around $50K Ms. Shutt stated originally it was $25K and $25K was moved for the NOP. It would be more, but the valuation to convert the space at Ocean Breeze was over $100K. Ms. Roque can put numbers together and discuss it at the November meeting. Attorney Rossmell asked if the Board wanted to move forward with all aspects of transferring the NOP to the MLK project. She explained there would be two amendments required. Chair Grant agreed to transfer NOP space to MLK Wells Landing project and to discuss with Centennial Management the build-out of the flex space. Motion Board Member Romelus so moved. Vice Chair Hay seconded the motion. The motion passed unanimously. Ms. Roque gave an update on the MLK Project. She advised they are almost through permitting with MLK and getting ready for closing in November. They hoped to break ground at the end of a year. They are planning for a restaurant in one of the units. Ms. Shutt would bring back terms for funding based on Ms. Roque's discussions with the architect. 11. CRA Advisory Board A. CRA Advisory Board Meeting Minutes - September 2, 2021 B. Pending Assignments Chair Grant would like presentations for one of the Florida Redevelopment Association (FRA) sessions Advisory Board Members attended. The majority of the Board does not 9 OCEAN BREEZE - community room Date:10/26/2021 ESTIMATE Cost Code PER AIA 0100-025 General Conditions -Supervision $ 9,572.00 0100-025 Cleaning $ 1,000.00 0300-001 Concrete $ 6,985.00 0600-030 Cabinets $ 8,740.00 0700-015 Insulation $ 4,868.00 0800-003 Doors&Millwork $ 9,784.00 0800-003 Hardware&Bath Accessories $ 4,105.00 0900-010 Drywall $ 9,845.00 0900-005 Stucco $ 1,500.00 0900-030 Flooring $ 17,875.00 0900-045 IPainting $ 7,985.00 1200-001 Blinds $ 3,175.00 1500-005 Fire Sprinkler System $ 8,975.00 1500-020 Plumbing $ 21,450.00 1500-045 Plumbing-Water Meter $ 1,500.00 1500-030 HVAC Mechanical $ 18,500.00 1600-005 Electrical $ 19,985.00 1600-010 Electrical-Fire Alarm $ 9,874.00 SUBTOTAL $ 165,718.00 General Contractors Fee(14%) $ - GRAND TOTALS $ 165,718.00 TOTAL Sq.Ft. 1496 Total Cost/sq.ft $ 110.77 11/5/2021 i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD M EETING OF: November 9, 2021 OLD BUSINESS AGENDAITEM: 16.F. SUBJECT: Review of Marina Parking Management- Rules and Regulations SUMMARY: On September 14, 2021, the CRA Board directed staff and the marina manager, Mr. Brian Smith, to extend the morning loading/unloading time, for dive boats only, to thirty (30) minutes between the hours of 8 am to 10:30 am Monday - Friday and from 7 am to 10:30 am Saturday - Sunday (Attachments I and 11). Per the CRA Board's direction language was added to Paragraph 12. Compliance with Rules and Regulations of the Dockage Lease Agreement that a penalty (including fines) may be imposed if Lessee does not comply with all posted Rules and Regulations along with those attached as Exhibit"A" to the Lease (Attachment 111). This language allows the CRA Board to set a fine, as it desires, for the violation of any of the rules and regulations described in Exhibit "A" of the Dockage Lease Agreement. The CRA Board also requested Mr. Smith to continue to monitor the loading/unloading times of the dive boats. Brian Smith has provided an updated survey of the time spent by the dive boat operators in the loading/unloading area at peak times (Attachment IV). If the CRA Board would like to impose a penalty for parking in the loading/unloading lane for longer than the period of time outlined in the Rules and Regulations, CRA Staff and Brian Smith recommends a per minute fee. This can be implemented by watching video footage and charging the tenant a parking penalty fee for the time in excess of the allotted times during the designated hours. This would alleviate marina staff from enforcing the time limit during peak hours of service at the fuel dock. FISCAL IMPACT: CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan - Downtown District CRA BOARD OPTIONS: 1. Approve the time adjustments to the current time limits to thirty (30) minutes between the hours of 8 am to 10:30 am Monday - Friday and from 7 am to 10:30 am Saturday - Sunday for loading and unloading in the designated spaces next to the dock. 2. Impose a penalty, as determined by the CRA Board, for parking in the loading/unloading lane for longer than the period of time outlined in the Rules and Regulations and direct CRA Staff to updated the Rules and Regulations of the Dockage Lease Agreement. 3. Make no changes to the Rules and Regulations at this time. 4. Provide staff with an alternative direction and approve any amendments required to the 2021- 2023 Rules and Regulations of the Dock Lease Agreements. ATTACHMENTS: Description D Attachment I -September 14, 2021 CRA Board Meeting M inutes D Attachments 11 -October 12, 2021 CRA Board M eeting M inutes D Attachment III - Dock Lease Agreement& Rules and Regulations D Attachment IV - Dive Boat Monitoring Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida September 14, 2021 H. Review of Marina Parking Management Therese Utterback, Development Services Manager, indicated that last month the Board asked that Brian, the Marina Manager, monitor the parking situation at the Marina slips and he has done so over the past month. Brian Smith, Manager of the Boynton Harbor Marina, advised over the past month he monitored the dive operators, parking habits, and the drop-off lane. They did not have the greatest weather and he was not able to get as much data as he hoped, but he did get a few weekends. He relaxed enforcement, as discussed at the last meeting, and some of their times were under 30 minutes and some went over. Mornings were not a problem, but he never noticed any empty spaces; he did not find any problems letting them park 30 minutes in the morning. A new dive boat is going to start operations soon and during season he has concerns. Mid-day is when dive boats do their switch over if they have two trips, so at 1:00 p.m. when they are switching over and doing double tanks, could jam them up. The Marina, itself, was not that busy, but one time it got jammed up pretty good. Some people onboard need to load or unload and end up stopping in the drive area when other cars and patrons are coming. He was concerned during season about going 30 minutes for the dive operators, but he thought mornings would work. They could have that time and maybe prepare the boat, so they could do 15 minutes during their switch over time; that would be his suggestion. Chair Grant mentioned parking spaces on the left side of the road and questioned if those were Two Georges parking spaces. Mr. Smith stated they are designated Two Georges parking, he thought the CRA owned them. They do not have use of those spaces and they fill up and stay full all day long. The ones on the right are kept free for their tenants, so everyone can load and unload their gear and function properly. Chair Grant commented that this is the downside of the open space Marina where they lost additional parking spaces to Two Georges that they used to have, but Two Georges needs to have that moving forward. Mr. Smith stated the drop-off lane is designated for the Boynton Harbor Marina and there are ten spaces on the right side. If the Loggerhead dive vessel can get in and out within 15 minutes, they allow them to utilize their drop-off lane. They rent from Two Georges, so their operator usually gets in the Two Georges side and parks there. During the holidays it is always jammed, but from February through summer, he worries about the mid-day and afternoon doing the 30 minutes. If the Loggerhead dive vessel can get in and out within 15 minutes, there is not a problem. They allow Loggerhead to also use their drop-off lane. Loggerhead rents from the Two Georges, so their operator usually gets in the Two Georges side and just parks there. During the holidays it always gets jammed up, but from February through summer, he worries about the mid-day and afternoon doing the 30 minutes. He stated it goes until about 2:00 p.m.; he watched close. He would like to think they could do extra provisioning and maybe get the gear and things 52 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida September 14, 2021 that must be swapped out onboard the vessel. Perhaps there could be a provision more in the morning and do the switch over in 15 minutes if possible. Whatever is decided, he asked that the contract be amended to state that, so he had something to enforce regarding a specific time, the dive operators, and vehicles that are provisioning those boats. In response to Chair Grant, Mr. Smith clarified that the contract was 15 minutes for ten years. Chair Grant mentioned that dive operators were saying they needed at least 30 minutes. The mentality is that sometimes everyone leaves at one time, and it gets tight. Other operators using the spaces may be there ten to 20 minutes well. He questioned if the contract was already done for next year. Attorney Duhy advised the dock leases were already approved. Chair Grant stated they could not add certain penalties for time over; that would have to happen next year. Mr. Smith thought the contract was two years. He questioned if the times in the contract could be changed since they have not been signed. Attorney Duhy clarified the contract is a two-year lease. She stated that the Board approved those dock leases in July or August, and they would be done October 1, 2021. Mr. Smith has waited for this meeting in case the contracts could be changed. He would send them to the tenants tomorrow and tell them the contracts must be signed by October 1, 2021. Attorney Duhy understood that the standard lease form was amended and would be sent to all tenants on October 1, 2021 to be executed, so if there were amendments to the standard lease form for the coming year, those changes could still be made. Chair Grant suggested the recommendation of 30 minutes outside of lunch hours. Mr. Smith stated they had submitted until 10:00 a.m., but the trouble starts when Two Georges opens and the other tenants are loading. He suggested 11:00 a.m. at the latest and keeping it at 15 minutes in the afternoons. Chair Grant mentioned afternoons were from 2:00 p.m. to 6:00 p.m. Mr. Smith indicated that management stops at 5:00 p.m. and then it is turned over to Two Georges; they get it at night. Technically, Two Georges does not get it until 6:00 p.m. Penalties could be put in the contract for tenants who stay over the time lengths as well as changing the 30 minutes in the morning until 10:00 a.m. or 11:00 a.m. 53 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida September 14, 2021 Chair Grant was alright with the 30 minutes until 10:00 a.m., but the question was certain penalties. Attorney Duhy thought there were Marina rules and regulations that apply and are referenced in all leases. Her recommendation would be to say, "They may be subject to penalties as stated therein", meaning tenants are put on notice in the lease and that they must abide. The rules and regulations might allow the enforcement of penalties, then penalties could be added to the rules and regulations as they are going, which allows an ongoing opportunity to amend the rules to deal with things; generally, that is a better course than putting it in the lease. Chair Grant stated they could also have tenants come before the Board regarding their thoughts as to what is fair. Attorney Duhy reiterated that the rules and regulations could be amended during the pendency of leases, meaning rules and regulations could change and she was sure the lease said something to that effect. That is where she would put the penalty provision for failing to abide by any of the rules and regulations. Chair Grant commented that the issue of the dock master threatening to call tow companies would not necessarily be an effective penalty because by time the tow companies arrive, the vehicles could already be gone. Motion Board Member Katz moved to extend the morning time 30 minutes, to 10:30 a.m. and 15 minutes from thereon, and that the draft leases include a reference to the rules and regulations and make clear that failure that failure to abide by the rules and regulations could subject them to penalties including fines, and make sure leases are clear that they may be amended from time to time at the consideration of the Board. Vice Chair Hay seconded the motion. Motion passed unanimously. Attorney Duhy stated the only thing she would like added to the motion was to update the draft leases to include a reference to the rules and regulations and make clear that failure to abide by rules and regulations could subject them to penalties including fines. They will make sure the leases are clear that they may be amended from time to time at the consideration of the Board with those two changes of confirmation in the lease I. 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 asked the Board what they would like to do as they receive multiple offers for 211 East Ocean Avenue. 54 Meeting Minutes Community Redevelopment Agency Board Boynton Beach Florida October 12, 2021 Mr. Fitzpatrick pointed out his clients have the ability to seek out other housing possibilities. Board Member Penserga also noted this property is easier as there are no tenants involved. C. Discussion Regarding the 2021 Holiday Boat Parade Ms. Coppin received notification from Delray Beach they did not allocate funding for the parade. Previously they shared the costs and the CRA was reimbursed 50% for their marketing and some of the promotions and awards associated with the parade. Due to the CRA's limitation about hosting events outside of the District, they have to curtail the parade route. Staff cannot pull permits in Delray Beach and there are three bridges in Delray Beach. Staff proposed starting the parade at the Palm Beach Yacht Center and ending at the C15 canal. Chair Grant suggested speaking to the neighbors north in Hypoluxo, Lantana and Manalapan to see if they would help fund some of the marketing costs. Ms. Coppin stated she reached out to Hypoluxo. The Mayor declined and she has not heard from Lantana. She will reach out to Manalapan and apprise the Board. Chair Grant suggested contacting the City Manager, not the elected officials. He also suggested contacting the Downtown Business Coalition to see if they could offer assistance with prizes and marketing. Ms. Coppin advised they have to determine the route because staff has to announce and release the registration forms. They are approaching November and the parade occurs in early December. The parade will end before the George Bush Bridge and there is flexibility about the starting point. Chair Grant commented the Board can finalize all in November and will try to get the Intracoastal communities involved. D. Discussion and Consideration of a Tax Deed Sale for the Property Located at 137 NE 3rd Avenue Theresa Utterback, Development Services Manager, stated the item is a tax deed sale for a property adjacent to property the CRA owns. The property has garage, there are no utilities, and no liens except for the tax lien. She was looking for direction and would love to bid on the property. Chair Grant wanted to bid similar to the land value of the adjacent property as the lot sizes there have additional value. It is zoned for duplexes and they have the ability to move forward with a better affordable housing property. Chair Grant suggested $200K and that the Executive Director use her best judgement for any amount over $200K. Motion Board Member Katz so moved. Vice Chair Hay seconded the motion. The motion passed unanimously. 18. Future Agenda Items A. Review of Marina Parking Management - Rules and Regulations 20 Meeting Minutes Community Redevelopment Agency Board Boynton Beach Florida October 12, 2021 Chair Grant received comments from a dive operator and some dive boats are bigger than others. The proposed conversation was to direct the Harbor Manager to monitor and report overages over 30 minute and charge a fee. It will motivate people to be as quick and efficient as possible. 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 (TABLED 9/14/21) C. Discussion and Consideration of Additional Letters of Intent Received for the CRA-Owned Property Located at 211 E Ocean Avenue (TABLED 9/14/21) 19. Adjournment Motion There being no further business to discuss, Board Member Penserga moved to adjourn. Board Member Romelus seconded the motion. The motion passed unanimously. Mr. McNally provided the closing advising how the public could access the audio. The meeting was adjourned at 8:39 p.m. Catherine Cher rc ry Minutes Specialist 21 7 1'1F Ild Harbor ,_. Marina 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 Existing Lessee Yes No Slip No. Lease Rate: $19.50 per foot from October 1, 2021 until September 30, 2022 and $20.00 per from October 1, 2022 to September 30, 2023 1. Term. The term of this Dockage Lease shall be from October 1, 2021 until September 30, 2023. There is no option to renew and any additional term of lease shall be evidenced by a new Lease. 01539510-1 Page 1 of 17 2. Rent. From the time period of October 1, 2021 through September 30, 2022 the rental shall be the sum of $ per month based on the lease rate of nineteen dollars and 50/100 ($19.50) 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, 2022 through September 30, 2023 the rental shall be the sum of $ per month based on the lease rate of twenty dollars and 00/100 ($20.00) per vessel linear foot plus 7% sales tax in the amount of $ , for a total of$ per month. 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 $ . 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 01539510-1 Page 2 of 17 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. LESSEE will be responsible for a non-refundable application fee of $100. Make check payable to: Boynton Beach CRA. 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. 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: 01539510-1 Page 3 of 17 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. 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. LESSOR may, in addition to or as an alternative to terminating the Lease, impose a penalty (including fines) on LESSEE for such violation, as provided for in the Rules and Regulations. 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 01539510-1 Page 4 of 17 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 • 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. 01539510-1 Page 5 of 17 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. 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 01539510-1 Page 6 of 17 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 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 01539510-1 Page 7 of 17 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 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. 01539510-1 Page 8 of 17 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 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. 01539510-1 Page 9 of 17 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: 01539510-1 Page 10 of 17 ct it} jt�t"3 k oyntonr "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 01539510-1 Page 11 of 17 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. 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 6 am to 6 pm seven days a week. From 8 am to 10:30 am Monday through Friday and from 7 am to 10:30 am on Saturday and Sunday, LESSEES with dive boats may use these spaces for a period no longer than 30 minutes for the sole purpose of the "loading and unloading" of the LESSEE dive boats' supplies, guests, and crew. Otherwise, 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. 01539510-1 Page 12 of 17 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 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. 01539510-1 Page 13 of 17 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. 01539510-1 Page 14 of 17 "Appendix A" I 1 �l't�11+1h j1 sJ s v v . `r� ft i 1 1 SII i Manna Ways tlPA ae�n�� IC ■ )1 ` k ) IN % 1 Pt, \' a i Ir i I! a ` r� v ) x 1St,' l r yk}1)1 it���tSll�s �1%,� t �� 11!1 t � rl��l�s li t s17 1l'r e-, k { - ,] •• i n�Y )4't'� I;n 1 � t )j1 t1)�4(Ih}��1�1� 1� b, 1{I2)�s;at tss 41 s4 It 1 R 111 a 1 � ��� •l i �, ldtv1 �;�; 01539510-1 Page 15 of 17 "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 01539510-1 Page 16 of 17 "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-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 Apr-23 May-23 Jun-23 Jul-23 Aug-23 —Sep-23 01539510-1 Page 17 of 17 Dive Boat Loading Lane Survey Boynton Harbor Marina Dive Boats-Starfish, Goliath, and Splashdown Two Georges Dive boat-Loggerhead Yellow indicates dive operators parking in the lane for over 30 minutes before 10:30 1111M RAINIKIIIIII Date: Trip# Boat Drop Off-Before Pick Up Notes 10/9/2021 1st Splashdown 8:03-8:38=35 mins White Box Truck 10/9/2021 1st Starfish Less than 30 mins IBlack PU/White PU 10/9/2021 1st Loggerhead Less than 30 mins Cust left car in lane/towed 10/9/2021 1st Goliath Less than 30 mins less than 15 mins SUV 10/9/2021 2nd Splashdown White Box Truck 10/9/2021 2nd Starfish Less than 30 mins Black PU/White PU 10/10/2021 1st Splashdown Less than 30 mins White Box Truck 10/10/2021 1st Starfish Less than 30 mins less than 15 mins Black PU/White PU 10/16/2020 1st Loggerhead Less than 30 mins less than 15 mins Grey PU 10/16/2021 1st Starfish Less than 30 mins less than 15 mins SUV 10/16/2021 1st Splashdown Less than 30 mins less than 15 mins White Box Truck 10/17/2021 1st Splashdown Less than 30 mins less than 15 mins White Box Truck 10/17/2021 1st Starfish Less than 30 mins less than 15 mins SUV 10/17/2021 1st Loggerhead Less than 30 mins less than 15 mins Grey PU 10/23/2021 1st IStarfish Less than 30 mins less than 15 mins white PU 10/23/2021 1st Splashdown 9:10-9:44=34 mins less than 15 mins White Box Truck 10/23/2021 1st Goliath Less than 30 mins less than 15 mins SUV 10/23/2021 1st Loggerhead Less than 30 mins less than 15 mins Grey PU 10/30/2021 1st Starfish Less than 30 mins less than 15 mins Red PU/White PU 10/31/2021 1st Loggerhead Less than 30 mins less than 15 mins Grey PU 10/31/2021 1st Starfish Less than 30 mins less than 15 mins Red PU/Black PU 10/31/2021 1st Splashdown Less than 30 mins less than 15 mins White Box Truck NOTE: Weekend days were only surveyed due to slow traffic during the week Dive Boat Parking Survey Boynton Harbor Marina Dive Boats-Starfish and Splashdown Yellow indicates dive operators parking in the lane for over 30 minutes Date: ITrip# I Boat I Drop Off I Pick Up I notes 8/17/2021 1st Starfish less than 15 less than 15 Capt SUV 8/18/2021 1st Starfish 9:00-9:40=40 min less than 15 Capt SUV 8/19/2021 1st Splasdown 8:20-8:42=22min less than 15 white box truck 8/19/2021 1st Starfish 8:35-8:48=12min less than 15 Capt SUV/white PU 8/20/2021 1st Splashdown 8:05-8:37=32 min less than 15 white box truck 8/20/2012 1st Starfish 8:46-9:26=40min 2:13-2:29=16min white PU 8/21/2021 1st Splashdown 7:48-8:27=39min 1:05-1:16=11min white box truck 8/21/2021 1st Starfish 6:51-7:19=28min 12:17-12:45=28min Capt SUV/white PU 8/21/2021 2nd trip Splashdown 1:05-1:16=11min 4:35-5:13=38min white box truck 8/21/2021 2nd trip Starfish 12:17-12:45=28min 4:52-4:59=7min Capt SUV/white PU 8/22/2021 1st Splashdown 7:53-8:27=35min 1:55-2:08=13min white box truck 8/22/2021 1st Starfish 8:37-9:28=49min 1:58-2:13=15min Capt SUV 8/29/2021 1st Splashdown 7:52-8:42=50 min 12:42-1:00=22min white box truck 8/29/2021 1st Starfish 9:00-9:40=40min 2:19-2:27=8min white PU 8/29/2021 2nd trip Splashdown 1:15-2:00=45min less than 15 white box truck NOTE#1: Slip# 10 has been leased to new dive operation but they are not running trips yet-when they start it will further conjest the lane. Note#2: Due to weather and slow time of year we were unable to get relevant daily data for this survey so we sampled the days with the most activity. i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD M EETING OF: November 9, 2021 OLD BUSINESS AGENDAITEM: 16.G. SUBJECT: Project Update for the Purchase of the Properties Located at 511, 515 and 529 E. Ocean Avenue SUMMARY: On September 20, 2021, the CRA Board executed a Purchase and Sale Agreement with 500 Ocean Avenue Properties, LLC for the 511, 515, and 529 E. Ocean Avenue properties (Oyer Properties). The Agreement allows the CRA to perform its due diligence by November 12, 2021, and not proceed with the purchase without losing the $50,000 deposit if there are unfavorable findings (see Section 7. FEASIBILITY PERIOD of Attachment 1). These existing buildings are older buildings which have many legal nonconforming issues. Some can be resolved with minor repairs while others cannot be resolved without substantial cost to the CRA and interruption of business activities. As part of the inspection period, CRA staff has retained consultants to perform a Property Conditions Assessment, Termite Inspection, Lead Paint Inspection, Asbestos Survey, and Phases I and II Environmental Assessments. Additionally, CRA staff also conducted a site visit with the Fire and Building Departments to assist in identifying any immediate repairs that may be needed so that funds can be budgeted after acquisition. As a result there are several business decisions that would need to be considered by the Board to move forward in the purchase of the properties. Critical Structural and Life Safety Repairs: 1. 511 E. Ocean Avenue (2nd Floor Residential Units) • Second means of egress for the units are not code compliant. This will be a substantial cost due to the building's age and structural components. 2. 529 E. Ocean Avenue (Commercial tenants on 1 st and 2nd Floors) • Cracks in the interior walls are of concern and further structural investigation will be required due to previous structural repairs that were performed in the same vicinity. • Unpermitted improvements, such as the tiki but used as a bar adjacent to the alleyway and gravel ground cover There are liability issues to the items stated above. As a landlord, the CRA is required to provide a safe and secure facility for all users. Revenue and Operating Costs The current $15,000 per month in rental revenue may cover some of the operating expenses but may not be sufficient to pay for the immediate critical life safety repairs identified above. Additional information including operating expenses have been requested by legal counsel and will be provided to the Board at the November 9, 2021, CRA Board meeting (see Attachment 11). Long Term Costs The current uses within the leased spaces may remain in their nonconforming state with normal repairs. However, if the CRA decides to lease any of the spaces to new tenants, upgrades to the building for code compliance will be cost prohibitive. With all older buildings, there are unexpected conditions and unknowns which may require substantial investment to reduce liability. The CRA will need to look at the overall expenses that will be incurred to be able to break even on our investment. It is estimated that approximately $120,000 will be required for the items identified below in the reports. The unpermitted items will need to be addressed by the current property owners with the current tenants. These are undefined costs that will be transferred to the CRA if these items are not addressed. Inspection Results: CRA staff is providing the following update in accordance with the Purchase and Sale Agreement (see Attachment 1) and due diligence inspection reports which have been received as follows: • Termite/WDO Inspection Report - Dry-wood termites & fungus found in 529 E. Ocean Avenue (Attachment III) o $12,595 Treatment Cost (repair costs unknown) • Asbestos Report - Asbestos detected in the floor/mirror mastic at 511 and 515 E. Ocean Avenue (Attachment IV) o $5,300 Removal Cost • Lead Paint Inspection - Lead paint detected throughout all properties. Pose no health hazards unless disturbed due to remodeling/demolition (Attachment V) • Property Condition Assessment Report& Summary(Attachment VI): o $10,000+ Concrete Payment Repairs, 529 E. Ocean Avenue, Trip Hazards o $15,750 Repair Back Stairwell, 529 E. Ocean Avenue o $15,000 Replace Circuit Breaker Panels -515 E. Ocean Avenue o $24,000 Replace HVAC Units - 515 E. Ocean Avenue • Roof Condition Inspection Reports. Roof replacement on all three properties was done in February 2020 (Attachment VI 1) • Insurance Premiums (Attachment VI 11) o $45,597.48 Wind, business income, replacement value and general liability In review of the documents submitted by 500 E. Ocean Properties, LLC on May 8, 2015, Testing Lab of the Palm Beaches, Inc. provided a field inspection of the east wall located at 529 E. Ocean Avenue which showed significant settling. To secure the footing of the east wall, Testing Lab of the Palm Beaches, Inc. recommended the injection of chemical grout. This process was completed and reevaluated by Testing Lab of the Palm Beaches, Inc. on July 16, 2015 (Attachment IX). The east wall footings were the only footings addressed at that time. CRA staff would recommend further structural investigation of all footings for 529 E. Ocean Avenue based on the comments provided by the City's Building Department that structural cracks appear in the east staircase (second story) and bathroom(second story west side of building). These items are items of concerns since the tenants CRA staff contacted Testing Lab of the Palm Beaches, Inc. to perform an inspection however, they are no longer in business. On October 25, 2021, CRA staff did a walk thru of the properties with Kathy Cline, City Fire Marshal and John Kuntzman, City Building Official (Attachments X & XI) a breakdown of their findings are below: Fire - Existing businesses require no change. If they move out the following issues will need to be addressed: • Upstairs, additional egress needed (511 & 529) • 2nd floor egress landings need to be enlarged (511 & 529) • Exit lights, emergency lights and panic hardware required (511, 515 & 529) • 2nd floor offices -corridor walls need to be fire rated (529) • Update door access; door widths too small (various openings) • Update stair railings (511 & 529) Building Code - Recommend an architect or engineer look at these items for corrective details and plans, a contractor would also be required. • East stairway, vertical cracks in plaster at top landing and wall above stairs (529) • East stairway, install handrails (511 & 529) • Common bathroom for offices, cracks in plaster& plaster blistering at exhaust fan (529) • Bathrooms in restaurant toilet paper holders, water closet handle on wrong side, non compliant door knob(s), grab bars need to be installed, pipe protection under sinks, woman's bathroom wheelchair side access blocked (529) • Tiki Hut Bar is not permitted and not wheelchair accessible (529) • Roof top apartments standing water(511) A critical dates list was developed for the project (see Attachment XII) and the following progress has occurred since the October 12, 2021, CRA Board meeting: • Valley National Bank issued a commitment letter on October 28, 2021, and it is scheduled to close on or before December 17, 2021 (Attachment XIII) • Existing lease with Kala Marketing Group and Reinaldo Schiavinato was extended to August 30, 2022, a 90-day written notice of termination was not provided (Attachment XIV) • The initial $50,000 deposit has been forwarded to Escrow Agent along with second deposit in amount of$150,000 which was due on October 15, 2021 FISCAL IMPACT: $3,600,000 Purchase Price with $2,700,000 (75%) to be paid by a 5-year short term commercial loan with Valley National Bank with remaining to be funded in cash by CRA FY 2021-2022 Budget, Line Item 02-58200-401, $900,000 (25%) CRA P LAN/P ROJ ECT/P ROG RAM: 2016 Boynton Beach CRA's Community Redevelopment Plan CRA BOARD OPTIONS: 1. Move forward with closing. 2. Do not move forward with closing based on finding during the due diligence period. 3. Request an extension for further inspection of the properties based on the inspection reports and recommendations. 4. Recommend other alternatives for the CRA Board's consideration. ATTACHMENTS: Description D Attachment I -511, 515, and 529 E. Ocean Avenue Purchase and Sale Agreement D Attachment II - November 4, 2021 Email requesting Income & Operating Expenses D Attachment III -Termite Report D Attachment IV -Asbestos Report D Attachment V - Lead Paint Report D Attachment VI - Property Assessment Summary & Report D Attachment VII - Insurance Premiums D Attachment VIII - Roof Condition Reports D Attachment IX -Testing Lab of the Palm Beaches Reports D Attachment X - Fire Marshal Notes D Attachment XI - Notes from Building Dept. D Attachment XII -Critical Dates List for 511, 515, and 529 E. Ocean Avenue D Attachment XIII -Valley National Bank Commitment Ltr D Attachment XIV - Kala Marketing Group Lease Extension PURCHASE AND SALE AGREEMENT This Purchase andl nt( rei r" )Is made and entered Into s of the Effective (hereinafter defined), by and between BOYNTON BEACH REDEVELOPMENTlic agency created pursuant Chapter 163, Part Ill, of the Flora s (hereinafter "PURCHASER") and SOD Ocean Properties, LLC (hereinafter 'SELL "). In consWeration of the mutual covenants ande in set forth,the Parties hereto agree as fol . PUKHASE A11D j&W&BQP= ll and convey PURCHASER andu nd acquire from SELLER, an the terms andn hereinafter , the Properties Wated In Pal Beach County, Florida (the aPropertlee) 9nd more particularlydescribed ll Lot 10 and the West 7 feet 8 Inches of Lot 11, Less the South 8 feet (Ocean Avenue R/", Block 4 TOWN OF BOYNTON, according to the plat thereof,as recorded in Plat Book X Page 23, ` f the Public records of Palm BeachCounty,Florida And Lot 11, Less the West 7 et 8 Inches,Less the South 8 feet Avenue ), ,according to the plat thereof,as recorded In Plat Book 1,Page 23,of the Public Records of Palma ,Florida. And Lot 12, Block 6, ORIGINAL TOWN OF BOYNTON, accordingthe plat thereof, recorded in Plat Book 1, Page 23, of the Public Records 'Peachun ,Florida. Property Address: 51L 513% and Sn East 1. PURCHASE PRICE AND PAYMENT. u r the Property shah ill... n Sbc Hundred ThousandIla ( ), payable in cash, by wire transfer oU nited States Dollars at the Closing. ' 1 ii SELLER's inftisisi Purchase and Sale Agreement Pap 2of1 3. DEPOSIT. 3.1 Eafflest on v o N Within five( )Business Days after the execution of the Agreement by both parties, PURCHASER shall delver to Lewis, Longman&Walker, P ( ne) a deposit in the amount of Fifty ThousandIla ($%000.00) ( h "Initial Deposre). Provicling thisn Is inaterms , PURCHASHER shall deliver to Escrow Agent an additional deposit In the amount of One Hundred Thousand o! ( , on or before October 15t 2M1. The Initial Deposk and additional p sit are hereafter referred to a i . 3.2 AagilcoggoiDIshursemoi,,gf,,L)e2glit, The Deposit shall be applied an disbursed s follows: Providing this Agreement is not terminatedeither party pursuantthe terms set forth herein, Fifty Thousandit be releasedSELLER withinthe expiration of the Feasibility (hereinafter fine ). The remainingp shall be deliveredE a Closing, and the PU RCHASERsha II receive a credit for the Deposit againstPurchase ri . If this Agreement Is terminated duringthe Feasibility for any reason, the Depositshell be Immediately fun e PURCHASER. If this Agreement Is terminateda default, pursuant to Section 12,the Deposit shall be delivered to( r retained by,as applicable) on- f , and the non-defaulting Pa shall have such additional rights, If any, as are providedIn Section 3.3 Escrow_Agent. PURCHASER andauthorke Escrow Agent to receive, deposit and hold funds in escraw and,subject to clearance,disburse them upon proper autharbAon and In accordance with Florida law and the of this Agreement The parties agree that Escrow AgentWill not be gableo for misdeliverV of escrowed PURCHASER andSELLER, unless misdelivery willful breach of this Agreement or gross negligence. If Escrow AgentInterpleads the subjectr Escrow Agent ill pay the filingand costs from the os n will recover reasonable attorney's fees and coststhe escroowed funs which are charged awarded as court costs in favor of the prevailingparty. All claims againstt will be a rbltrated, so long as Escrow Agents to arbitrate. 4. gFJ . E E The date of this Agreement( e Date ) shall be the date when t st one of the SELLER andPURCHASER has signed this Agreement. S. Q2$1M. The purchase and sale transaction contemplated herein shall dose o or before December 17, 2D21( a'Closing ), nle extended by written agreement,signed t , extending the Closing. However,In no event whomever shallt Closing r later than December 31, 2MI. 6. Tlyg]n E CQhIVEYED. At Closing, SELLER shalt convey tD PURCHASER, SELLM initials Purchase and Sale Agreement Pap 3 of 1 Spedal Warranty Deed1 it the requirements of the1 nt(hereinafter defined), valid, a e b and lrisurable title In fee simple the Property,free and dear of any and all lens, encumbrances, conditions, easements, rl ions and other conditions except only the following(collectively, 'Permitted Exceptionsm): ( ) general real taxesestate and special assessments for the year of Closingn u uen t due and payable; ( ) covenants, conditions, easements, dedications, rlights-cf-waV and matters record Inducled on the Title Commitmentor shown on the Survey ( n In Section , to hich PURCHASER falls3 or which PURCHASER agrees to accept, pursuantSection 7.1 and Section 7.2 hereof. 7. FEASIOWTV_ PERIOD. The PURCHASER and Its designeesshall have from tho Effective Date II November 1Z 2MI (aFeaslbilkV Parlocr), at PURCHASEWs expense, to make Inquiries which PURCHASER may deem necessarydetermine a suitable r Its Intended we and to enter upon Property, at anytime to time with reasonablenotice to SELLER and so long tresult In a business Interruption, to perform any and all physical tests, inspections, valuation appraisals and Investigations of the Property, Inducling but not limited to Phase i and Phase it Investigations. During this Feasibility Period, PURCHASER may elect, In C SE 's sole and absolute d1wation, to terminatethis Agreement and receive back theDeposit, provicied that PURCHASER es SELLER with written notice E ' s terminate the Agreement prior to time on the last day of the Feasibility Period. Soul PURCHASER fail to providei rior to 5:00pm Eastern time n the fine I day.of the Feasibility Period, PURCHASER will have waiveditterminate the Agreement pursuant to this , the II become non-refundable to PURCHASER(except In the event of a material default by SELLER),and the parties shall proceed to Closing on the terms and conditionscontained in. If PURCHASERlterminate this Agreement in accordance with this Section, PURCHASER shall: (1) leave the Property in substantially the condition existing on the , subject to such disturbanceas was reasonably e sa or convenlent forte testing and Investigation of the Property,(i1)to the extent practicable, shall repair and restom anya E ' testing and i n; a (11ase to SELLER, at no cost all reportsn h r work product generated as a result of the PURCHASERsIn Investigation. PURCHASER hereby es to Indemnify and hold SELLERharmless from and against all dalms, losses, expenses,s, man s and liabilities, Induclift but not limited to, amrney'sfees,for nonpayment for services rendered to P (Iniluding, without Imitation, any construction liens resultingtherefrom) or for damage to persons or property (subject the limitation on practicability ) arising out of PURCHASEWs. Investigation o the Property. However, PURCHASEWs Indemnification obligations shall ncot exceed Its statutorylimits of sovereignImmunity ithi n 768.28, Florida Statutes, and PURCHASER does not waive its sovereign Immunity h . ' obWlons under a ion shall survive the termination,expiration orClosing of this Agreement. 7.1 MII&YJIME, Within twenty( ) days of the Effective , PURCHASER shall obtain, at the PURCHASEWsnse, from & Title Company chosen by PURCHASER e. PUC s Initials: ��'`j1 SELLER's Initials: Purchase nd Sale Agreement Page 4 of7 (hereinafter l Ca pan ), a Title Commitment sl t insure in the amount of the Purchase Price subjectonly to the Permitted Exceptions,together with completelegible all Instruments a s conditions r exceptions In Schedulethe Titlen ll assessments, outstanding utility charges, liens and other matters not constitutingI Ins and that can b cured with the payment of moneyshall be paidr to or at closing from SELLEWs proceeds. PURCHASER shall examine the 'ritle Commitment and deliver written notice SELLER no later than thirty( )days after the Effective Daft notifying E any objections PURCHASERhas to the condition of tit (hereinafter'Title Objections"). If PURCHASER falls to deliver the Title ObjectionsSEMER withint rt ,title shall be deemed accepted subject conditions set forth In the TitleCommitment. If PURCHASER timely delivers the Title Objections,then s either cure and remove the Mtle Objection(s) or provide notice to PURCHASER that SELLER will not cure such title J (hereinafter "Cure Period"). in the event that SELLER Is unable or unwilling to cure remove,and or cause to be cured and removed, the TitleObjections i the Cure Period, then PURCHASER, i 's sale and absolutediscretion, shall have the option o (1) accepting the title as it then Is and proceedingsin it reduction in the Purchase Price and all such Title Objections that SELLER dechnescure shall become Permitted Exceptions, or(ii) canceling andr fn i h In which ,the Deposit shall be returned to PURCHASER n the is shag her obligations or liability hereunder, except for those x i n of this Agreement. Should elect to accept the title s it then Is and proceed to Closing, i ll still be required all assessments, outstandingcharges, liens,and mortgages due and payables of the Closing. In no event shall SELLER be requiredto commence litigation to cure any title or surveydefect,encroachment,or encumbrance. Prior to the CAosing, PURCHASER shall have the right to cause the Title Company to Issue an updated Title Commitment (ONe Ucovering the Property. If any Title Update ins any conditions that arose after the effective date of the title commitment and causedwere or allowed to occur by SELLER andwhich i r In theI nt, and such Items render title unmarketable, 5 shall have the right to object such new or different conditions in writingr to Closing. fl rlghts and objections of the Parties with respect objections risi hshall be the same as objections items appearing in the Titlef j s of this Section. 7. . 5urvey &_v1-. PURCHASER, at PURCHASER's expense, shall obtain current boundary u y (the ) of the Property, Indicating a number of acres comprising the Property to the nearest I/WMh of an acre. if the Survey disdoses encroachments n the Property or that Improvements located thereon encroach on setback lines, easements, Ins of others or violate ny restrictions, covenantsof this or applicable n l regulations, the same shall constitute a title fe and shall be governed the provisions of Section 7.1 con f Objections. ver, In no event shall S i commence litigation n title or survey or ` PURCHASM I iti SELLER's I itI I . r Purchase n Sale Agreement Page 5 of 17 encroach me nt,or encu mbrance. 7.3 SEUER Deliveries. SELLER shall deliver to PURCHASERfollowing n and Instruments withint (3) business days of the Effectiveof this Agreement, except as specifically In I . 7.3.1 Copies of lanes for all commercial and residential tenants ing the Property. 7. .2 Copies of any reports or studies (including en to rl environmental, soil borings, and other physical Inspection , in SELLEWs possession or control with respecte physical condition or operation of the ,If any. 7.3.3 Copies of all licenses, variances, iv , permb (including not limited to all surface water management permits, wetiands r lconsumptive use permits andvl n I resource permits), authorizations, and approvalsrequired law or by any governmental or private authorityhaving jurisdiction r the Property,or any portion ( I Approvals"),which are material to the use or operation of the Prope rtV andin SELLEWs possession, any. 73A At Closing, shall execute and deliver to PURCHASER any and all documentsend Instruments requiredPURCHASER,in PURCHASER's sole andabsolute discretion, hich: (Q effectuate the transfer to PURCHASER of thoseov rn I or portions thereofis are applicable the Property, that PURCHASERdesires to have assigned o it, and/or ( ) cause the Property to be withdrawn from anyGovernmental Approvals. SELLER will not be requiredincur expenses to providesuch documentsan Instruments. o later than twenty ( prior to thei , SELLER shall remedy, restore, and rectify any and all violations r I Approvals (including, but not limited , any and all portions of the surface r management system, mitigation areas or other Items which do not comply with the Govemmental Approvals or applicable rules), if any. SELLER ns that there will not be, at thetime 11 any unrecorded Instruments affectingWe to the Property, Including but not limited any conveyances, easements, licenses r leases, CONDITIONS - i . PURCHASER shall nobligated to close on the purchasethe Property unlesseach of the following n ins(collectively,the "Conditions to 11 ) am either fulfilled or waived by PURCHASERIn writing: . . RegrespoWligarls and WarMM& All of the representations and warranties of SELLER containedin this Agreementshall be tnie and correct as of Closing. .2. physical condition of the Property shall b ' Initials: ,, SELLER's Initials: ' Purchase and Sale Agreement Page 6 of 1 materially the some n the date of Closing s on the Effective Date, reasonable wear and tear excepted. 8.3. PendInZ_ProMed1nFj, At Closing, there ll be no litliption, claim, action, or administrative agency or other governmental proceeding, of any kind whatsoever, Nether pending, actual, or threatened, that would affect the Property, which has not been disclosed,prior to Closing, n C . s and Regulations. The Property shall be In compliance with all applicable federal, state andi laws, ordinances, rules, regulations, requirements,licenses,permits ando ions as af thedate of Closing. Property II y t t t time of Closing J on ®x leases referred to In Section 7.11 above. After the Effective t t,Sailer shall be permitted to renew existingleases affecting the Property provided that II such renewal leases provide the landlord a nine ) right of termination, do not exceed a term of one Veer from the date of renewai, and that any ternu whatsoever that differ from the current lease r thant lease expiration subject I or rejection by PURCHASER. 9. QDSINGePURCHASER ll prepare, or cause to be prepared, the Closing t forth In this Section, except for documents prepared by the PURCHASER'PURCHASER's Titlein shall execute anddeliver, or cause to be executed ei the following documentsInst (collectively, "Closing o n , . Japed. A Special Warranty Deed ( h ") conveying valid,good, marketable and insurablesimple title n r of all liens, encumbrances and other conditions of title otherthan the Permitteds. .2 121ler"s AffMlXks.121r" SELLER shall fumish to PURCHASER and Title Company a customary o n is affidavit attestingt @ bestof b knowledge,no Individual r entity has any claim i under the applicable llen t ; and that there are no partiesIn possession of the Property other then SELLER. SELLER shall also furnish non-foreignv . In the evet SELLER Is unable t 'de live r its affilaffild evits refers need above,the same shall be deeined an u neured title . Closingclosing n h the Purchase price, the II credits, adjustments and prorations. between PURCHASER andII costs and expenses to be paidat Closing, n net proceeds due SELLER,which PURCHASER shall so execute and deliver at Closing. OmAto Docuarn Documentationrequired r title to the ar t sPURCHASEWs Inithils. -i -` SELLEWs initials. i Purchase and Sale Agreement Page 7 of 17 Property f all liens,encumbrances and ,if any,otherthan otherPermitted 1 ns. .5. Add An1LQgg1M1= Suchr documents as PURCHASER or the Title Company may reasonably t that SELLER execute and dermer,and any other documents requiredis Agreement or reasonably necessafy In order to close this transaction effectuatetheterms of this . CLOSINGM EBQMONS,CLOSING GM AND rents,10.L Prorations. Assessments, Interest, Insurance and other expenses of the Property shall be prorated through theloi shall have the option of taking r existing policiesinsurance, assumable,In whichpremiums shall be prorated. Cash at Closing s ll be Increased or decreased as may be requiredr Ins throughto be made h r to Closing. Advance rentand security deposits,If any,will be credited . Taxes shall be proratedupon the current yeaes tax with due allowance r maximum allowable . ll comp with SectionIV Florida Statutes,with respect to the payment of prorated ad valorem taxes for the year of closing Into I II is Office. in the event that, following the Closing, l amount of assessedI pmperty tax an the Property for the current yearls higherthani used for purposes of the Closing, s shall re-prorate anyi r credited basedon suchestimate aslfpaid In r. This shall sufvIve the Closing. . . SRAGWI ROL Uens. Certified, confirmed and ratified special assessment liens imposed by publicl sin . Pending liens s of Closingshall be assumedPURCHASER. If the Improvement has been substantially completed as of the Effective Date, any pendinglien shall be consideredcertified, confirmed or ratified and SELLER shall, at ClosInL be charged an amountl to the last estimate r assessment for the Improvement by the public Closina Cost& PURCHASER shall be responsibler recordingII general closing expenses (settlement ur r fees, ovemight package, etc.), all title insurance expenses, documentary sumps an the deed, and any expenses associated PURCHASEWs financing. ill pay their respective attorney's fees. Otherthan SELLER yin r , PURCHASER and SELLER agme that the transaction contemplated this Agreement shall be"net"to the SELLER withyin II costs associated with the tra nsactio n other than SELLEWs a y's ure. PURCHASER shall fund the Purchase the credits, offsets andherein. C (as applicable)shall execute and deliver to ClosingClosing sin sh II, at otimms PURCHASER'S Initials SELLER's Initials; , Purchase IAgreement Closing:Page 8 of 17 (1) disburse the sale proceeds to SELLER; (II) deliver the Closing Documentsn a 'marked-up"ntle Commitment to PURCHASER, andr, record the Deed and other recordable Closingin the appropriatepublic records. lflg, MoM&2A ApdAt Closing, shall obtain, or cause to be obtained, s fa r release of record of all mortgages, liens applicable c ri COVENANTSIL REPRESENTAMNS, induce PURCHASERr Into this Agreement, SELLER makes the following ,all of which,to the best of Its knowledge,in all material respects and except as otherwise provided in thW Agreement(1) are now true, and(IQ shall be true as of the date of the Closingunless receives Information to the contrary, and (III) shall survive the Closing. In that PURCHASER Ii be provided immediate notice to the following representations: 11 At all t s e Date until priorto Closing, shall keep the Property(whether before or after the date of Closing) clear of any mechanies or material n's llensfor work or materials fumished to or contracted for,by or on behalf of SELLER prior to the Closing,and SELLER shalll a fen and hold PURCHASER harmless from against allx nd Kablilty in connectiont (including,without limitation,co u rt costs reasonableand rn s ). 11.2 SELLER has no actual knowledge nor has SEU.ER received any notice litigation, i ,action or proceeding actual orh in r the Property by any organization,person,Individualorgovemmental agency which (as to anythreatened litigation,claim,action or proceeding,Ina materiallyv fashion)the use,o lue of the Property or any part thereaforwhicho otherwise relate 11.3 SELLERhas full power and authorityr Into this Agreement and assume and performobligations hereunder in this Agreement. SELLER does rot and will not conflict it In the breach of any conditionor provision,or constitute a defaultunder,or result In the creation orImposition o lien,charge,or encumbrance upon th r rt or assets of the SELLER by reason ofthe terms of any contract,mortgage,lien, s , agreement, Indenture, Ins r judgment to which the SELLER Is a party of which is or purports binding the SELLER or which effects the E ®no action by any federal,stow or municipal r other govemmental agency department, commission, board, bureau or Instrumentality necessaryto make thIsAgreementa valid Instrument bindinguponthe SELLER In accordance with its terms. 11.4 SELLER representsill not,between the AgreementandtheClosing,withoutr r t, lch consent shall not be unreasonably i I r delayed, except In the in st , create any m rna PCU sInitials."", SELLEWSI Purchase and Salet Page 9 of 1 encumbrancesnthe . For purposes of this provisionn "she II mean any liens, claims,options, or other encumbrances,encroachments, rights-of-way, leases, conditionseasements, covenants, or restrictions. Except for renewing existingleases In accordancewith Sectiona.5 hereof,SELLER represents thatSELLERill not,betweenthe Effective Datoof this Agreement and the Closing,take any action to terminate r material ,amend or alto r any existingin existance,withoutthe pdarconsentof PURCHASER,whichConsent shall not be unreasonablywilth held ordelayed. 1L5 SELLER represents that them rh In possession of the Property r any portion of the Property as a lessee othert clSection . . IL6 SEI IF shall use Its best efforts to maintaint Property In Its present condition so as to ensure that'll: shall remain substantially In the same condition from the conclusion the sl rt the Closing . IMENTIONALLY DELETED. representsJLLB SELLER that It has no actual knowledge nor has it received notice that the Property has been,is prose nfly or Is contemplatedui!ized as a reservoir of Hazardbus Material. As used herein,the term"HazardousI" shall mean any substance, water or material which has been determinedany state, federal or local government authority to be capable of posingrisk Injury to health,safety , Inducling but not limited to,all of thoseIs,wastes and substances hazardous ortoxic by the U.S. Environmental Protection Agency, the U.S. Department of Labor,the U.S.Department of Transportation, an r any other state or local governmental agency now or hereaftr authorized to reguhaft materials and substances In the environment (collectively " r I ut ( s)"). 11.9 SELLERthe Property is not subjectany dead restrictions or declaration of restrictionsrunning it the Property whichwould use of the Property exceptthoset Permitted ns as deflneclabwe. IL10 Between the Effective Date of this Agreement and the data of Closing, SELLER ill not file any application for a change of thezoning i# t' of the Property. M11 AMU The execution and deliveryh nt by SELLER and the consummation by SELLER of the transactioncontemplated this Agreementhi SELLEWS capackyn all requisite action has been taken to makethis Agreement valid and binding on SELLER in accordanceh Its terms.The person executing this Agreement an of SELLER has n duly authorizedn behalf of and to binds ,and this Agreement representsa valid binding ! of SELLER. ops ' initials,,—,Q, i i I :§ E �. Purchase and Sale Page 10 of 17 11.12 Mle. SELLER Is and will be on the Closingowner of valid, , marketable and Insurable simple title to the Property, free and clear of all liens, encumbrances and restrictions of anykind, except the Permitted Exceptions whichencumbrances of record ill be dischargedt Closing). IL13 Additional arrantkL;nd _ReRresentations-of SE131R, As a materfal Inducement Eentering Into this Agreement, SELLER, to the best of SELLEWS Informationand belief,hereby representsandwarrants the following: =13.1 Them are o pending applications, permits, petitions, contracts, approvals, or other proceedings with any governmental or quasi-governmental authority, including limited , PURCHASER, municipalities, counties, districts, utilities, r federal or state agendas, concerninguse or operation , or title to the Property or any portion thereof not grantedor Is not obligatedInterest in the Propertyto any of the foregoing . 11.23.2 am no facts believedI to the use, 'condition and operationh Property in the mannerthathas been usecloroperated, i i has not disclosedU I Including limited unrecorded instruments or defectsIn the f the Property whichill Impairthe use or operation of the Property f any manner. .3 The Property andthe use and operationthcompliance with ll applicable countyl laws,ordinances,regulations,licenses,permits n authorizations, in ui limitation, applicable zoningI n I laws and regulations. 12. . L PUBQd&SWs Default. In the event that tWs transaction fails to close due to a wrongful refusal to close r default on the PURCHASER,subject to the provisionsf Paragraph 12,3 below, the Depositl then being heldshall be paid bV Escrow Agent to SELLER liquidated s and,t r, i PURCHASER nor SELLER shall have any further obligation or liabilities n r this Agreement,except forthose expressly providedsurvive the termination of this Agreement,- , however, that PURCHASER shall also be responsibler the l of any lions assertedtte Property by persons claiming , through or under PURCHASER, but not otherwise. PURCHASER an SELLER acknowledge SER defaults, SELLER will suffer damages In an amount hick cannot be ascertainedh reasonable certaintyn the Effective Date and that the amount of the Deposit being held et most closely approximates the amount necessary to compensate SELLER. PURCHASER and SELLER agree that this Is a bona liquWated damages provision and not a penalty or forfeiture provision. oisw�a� PURCHASEWsInitialw , SE 's Initlels � Purchase and Sale Agreement Page 11 of 17 122. Seller's Default. In the event that SELLER shall fall to fully timely performany of its obligations or covenants hereunder or I any of SELLEW S representations untrue or Inaccurate, then, notwkhstanding anything trary contained In this Agreement, PURCHASER may, at Its option: (1) declare SELLER In u under this Agreement by notice I' to SELLER, In which event PURCHASER may terminate 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 specific performance of this Agreement without waiving any action for damages. Notice gf Rjftjft., Prior to declaring a dffkultnexercising the remedies in, the non-defoulting Partyshall Issue a notice of to the defaulting I the event or condition of default In sufficient detail to enablea reasonable n to determineion necessary to cure the default. The defaulting shall have tan ( ' days from deliverynotice duringthe default, , however,that as to a failureckne, the cure periodshall only be t ' ( )business the delivery of notice. Both partiles agree that N an extensionIs requestedas a result e u such extension shall not be unreasonablywithheld I t In no event shall the Closing er 31, 2021. if the default has not been cured within the aforesaid period, non-defoulting Party mayexercise the remedies described . Survival. The provisions of this section shall survive the termination this Agreement. considered13. II n l 1 In i ut shall be delivered ®hen received by certified mail, return receiptr personal de live ry to the following addresses: If to Seller Christian Macovlak Oyer-Macovlak Insurance 531 East Ocean Boynton Beach,FL 33435 With a copy to: Harvey E. Oyerill h n,LLP 525 Okeechobee I . Suite 1 West Palm Beach,FL 33401 If to Purchaser: Thuy Shutt,Executive Director Boynton Beach Community veld t Agency IM E.Ocean Avenue, h Floor Boynton ,FL t , 615"aza PURCHASEWs Initials: SELLEWs Initlals Purchase nd Sale Agreement Page 12 of 1 With a copy : Kenneth Longman a1 r, PA 360 S.Rosemary Avenue Suite West Palm Beach,Fl.33401 JA BINDING OBLIGATION/ASSIGNMENT. The terms andconditions of this Agreement hereby made bindingon, and shall Inure to the benefitso and permitted assigns of the Parties hereto. SELLER may not asswn Its Interest In is Agreement without the prior written consent of PURCHASEki ll not be unreasonably h . PURCHASER II have the right to assign this Agreement to the City of Boynton Beach (the "City") without the prior consent of SEU.ER andthe PURCHASER shall be releasedfrom any further It 1 liabilities r this Agreement. The PURCHASER may not assign this Agreement to any other party withoutprior written approval of SELLER, which shall not unreasonably ith I . If PURCHASER has been dissolved as an entity while this Agreement and/or the attached Lease AgreementIn effect,the to of section ),Florida Statutes,js it may be amendedtime i ,shall 15. BROKER FEES. The SELLER and PURCHASER hereby gets that they have not dealt with a l estate broker In connection with the tranrAcdon contemplatedi nt and are not liable r a sales commission.SELLER and PURCHASERr t I Indemnify, defend i each r from and againstn all claims, s. damages, costs or expenses (Including, u limitation, attorneys ) of any kind arisingu or resulting from any agreement,arrangement or understanding alleged to have been made with any broker or finder claiming through the Indemnifying party In connectbn with this Agreement. The provisionsthis Section shall survhm Closingr termination of this Agreement. 16. I TLC , IAL For purposes of thisAgreement, pollutant ("Poll ") shall mean anv hazardous or toxic substance, material, or waste of anykind or any contaminant, pollutant, petroleum, petroleum productor petroleum by-products defined or regulated environmental laws. Disposal ("Disposal") shall mean the release, , handlIng, discharge, or disposal of such Pollutants.Environmental lam(uEnvironmental ")shall mean any applicable federal, state, or local laws, statutes, ordinances, les, regulations or other governmental restftlonL 16.L1 As a material Inducement to PURCHASER entering Into this Agreement, SELLER hereby warrants and represents the following,asappIl ( SELLER and occupants obtained n In full compliance with anyand all permits regardings I I on theProperty or contiguousowned by SELLER,to the best of SELLER'S knowledge. ainorms PURCHASEWs Initials. SEUJEWs In Purchase and Sale t Page 13 of 7 (2) SELLER is not awarenor does It have any notice of any past,present orfuture e , iti itis or practices which may give rise to any liability r form a basisr any claim, demand, cost or action relatingi of anyPollutant on the SELLERnor does it have any notice of any past,presentorfuture n , conditions, i t practices an configuousproperlythati iv rise to any liability r forma basis for any claim, n r action relating to the Disposal o any PollutantaffectingtheSELLER'S property. ( ) There inocivil, criminal or administrative action, sult, claim, demand, investigation or notice of violation pending or, knowledge, threatened ais or the Property relatinganyway to the is I of Pollutantsonthe Pro perty, y portionth or an any contiguousn . . PUBLIC RECORDS. PURCHASER is a publicsubject r 119, Florida herebyStatutes. The SELLER Is notified that thel y bw, Pursuant Chapter 119,to maintainn is upon requestIt records deemed publicunder the statute Including this Agreement and some or all of the documentsconsummate the transaction set forth herein.To the extent that any litigation s I Instituted by SEUJM, either directly or as a thirdprevent or prohlbt Purchaser from disclosingr providing documents Involvingthis Agreement orthe transactiont in the Agreementu to a public u r Chapter 119,SELLER agrees that PURCHASERaye r: defendthe claim up to and Including final judgment or ' Interplead the challenged documentsInto the court. In either event, reasonable attorneye fees and costk rll and appellate. 18. LAISPII W. - I. This Agreement and any amendment hereto,may be executed in any number of counterparts, shall be deemed to be an original and all of which shall, together, constitute one andthe same Instrument. The section and paragraph headings herein contained are for the purposesWentlication only and shalln I construing n . Reference to a Sectionshall be deemed to be a referencethe entire ion, unless i . No modification or amendment of this Agreement shall be of anyr effect unlessin writing executedy the Parties. This Agreement forth the entire a n n the Parties relatingthe n all subject a r herein and supersedes all prior and contemporaneoustions, understandings written or orat between the Parties. This Agreement shall be interpreted to accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction ny litigation brought arising out of thisAgreement shall be In the Fifteenth Judicial Circuit, In and r Palm BeachCounty, Florida, or, should any cause of action be limited to federal jurisdiction only,In the Uniteds District Courtforthe Southerni I ri . 1 r herein time which n esu i ie shall n ®calendar days. Any timer for in this etmnx.s PURCHASM Initials. SELLER's Inttiais. Purchase and Sale Agreement Pop 24 of 7 Agreement which endson a Saturday,Sunday or legal holiday shall extend t ® . an the next full sine . Ti n In performance IIobligations r this Agreement. . . Waiver. Neither the Il Insist upon a strict performance of any of the terms, provisions, covenants, agreements andconditions hereof, nor the acceptance of any Item by a party withknowkWge of a breachof this Agreement by the other party In the performance of their respective o l i run r,shall be deemed a waiver of otherany rights or remedies that a party may have or a waiver of anysubsequent c r defaultIn such provisions, covenants, agreements or conditions. This shall survive to rmination of th Is Agreementthe Closing. 114, tonn . The Parties to thisAgreement, through counsel, have participatedin the negotiationn tion hereof. Neither this Agreement nor any amendmenthereto shall be more strictly construedit any of the Parties. As used In this or any amendmenth lin II Include the feminine, singular shall Inducle the plural, and the plural shall Include the singular,as the context may require. Provisions of this Agreement that expressly provide that they survive Closing shall not merge Into the Deed. S@veqbIIlty., If any provision of this Agreement or the applicationthereof shall, for any reason and to anye Invalid or ,neither the remainder of this Agreement r the applicationi t persons,entitiesr circumstances shall be affected thereby, butInstead shall be enforcedmaximum nt permitted by law.The provisions of this Sections all apply to anyt i t. 1 .6 Handwrttten Provisions. Handwritten provisions Inserted In this Agreement and initialed shall control al printedprovisions in conflict .7 MlyerofJupildiii. an Inducemeritto PURCHASER agreeingenter Into this Agreement PURCHASER and SELLER hereby waive trial by jury In any actionr proceedingu r party against to other party pertainingr whatsoever arising out of or In anyway wrinectedwiththis Agreement. 61torneys Do mad C Should it be necessary to bringan action enforce any of the provisions of this e a Ie attornew fees and costs,Including those at the appellatelevel,shall a the prevailingunlessotherwise provided In this Agreementn j limitation of sovereign Immunity as providedhi Section 768.2B, Florida Statutes. 119 lindillL Autor c represents andarra the other that each person executingt behalf of the PURCHASERn E has SELLER's Initials Purchase I t Pop 15 of 17 full right andI authority to executethis Agreement andi a for whom r an whose behalf he or she 1s signing h respect to all provisions containedIn this Agreement. rn . This Agreement may not be recorded in the Public Palm u ,Florida without the.prior approval of both parties. Survival. The covenants, warranties, re presentations, Indemnities n undertakings C and PURCHASER that specifically surviveaoslngset forth In this Agreement shall survive the Closing. 16,12 'SEILLERs Attomeye Fees and Cosb.SELLER acknowledges ands that SELLER shall be responsiblefor Its own attorneW fees and ag costs, If any,Incurred by SELLER in connection with the ion contemplated by this Agreement. 18.13 jMMMkMjMMUajgL NothingIn this Agreement shall be deemed to affect the rights, prtvleges, and sovereign Immunities of the PURCHASER, Including those set forth in Section Florida Statutes. 19. REPRESENTATIONS.,MV ENANTS AN D WA MANTLES OF PU RCHASER. To Induce SELLER to enter Into this Agreement, PURCHASER makes the followingrepresentations,all of which, to the best of its knowledge, II material respects andotherwise vl i this n (r) are now true, and (IQ shall be true as of the date of the Closing, (III) Il survive the Closing. 19.1 VgII& Created andinGood Standln ,. validly under all applicabLein good standing under II- applicable s of the Effective this Agreement, andill be in good standingunder all applicable state laws a of the Closing . 1 I n n i nRC AS and the consummation by PURCHASERof the transaction n l by this Agreement are withinPURCHASERS. lawful capacity and all requiske action has been taken to make this Agreement valid and bindingon PURCHASERIn Ith its terms.7he person executing PURCHASERthis Agreement on behalf of s been duly authorizedon behalf of and bind PURCHASER,andthis Agreement represents1 in i obligation Of PURCHASER. -I . -Is . n II faults. VBCIFICALLY SET FORTH HEREIN. IT IS UNDERSTOOD AND AGREED THAT PURCHASER IS KIRCHASING THE PROPERTY IN AN AS4S. , AND WITH WARRANTIES SET FORTH HEREIN, SELM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONSITION OF THE PROPERTY OR THE PROPERTY'S NTNESS FOR PURCHASER'S HfMDED USE. PURCHASER SHOULD RELAY ON ITS OWN INVESTIGATIONS AND DiSPECTIONS DURING THE FEASIBUITY PERIOD. ai Initials: I °�� f q_ i • • Purcluse and Salet Page 16 of 17 21. Over Insurance I g8ptq Sign on East Fap,de Wall 2f 2 1 Bulldipg. PURCHASER andn' l t the existingint ll sign on the east fop cle of the531 East OcianAvenue building l r over 60 years,is one of the is business Images In the Cilty of Boynton Beach, possesses historic and cultural 1 , and is one of the last remainingrepresentations of the Citys historic main street. such, PURCHASER agrees to uie Its bestI Il sign eitherI r to be relocated and utilized elsewhere In the vicinitythat the cost of the preservation and relocationefforts do not exceed a maximumof Twenty Thousandll . I the event that PURCHASER Is unable to preserve or relocate the wall sign as provided herein, PURCHASER II provide notice ,who shall sixty within which to relocate the sign at Its own n r contribute all additional funding r$20,0W to the CRA for the CRA to relocatethe sign. les adcnowledge and agree that the possibility ists that the sign could be 4amaged or destroyed duringI tl n. However, PURCHASER shall use Its best efforts, as provided herein, to preserve the wall sign ensureand that It remains visible li . IN WITNESSF, the Parties have executed i date. PURCHASEWslnitials.� '`111t1"fir SELLEWs Initials: Purchase and Sale Agreement Page 17 of 17 : COMMUNITYBOYNTON BEACH P REDEVEWPMENT AGENCY t pO �o `� p i t � � e r Printed n S.Grant Printed Name: , 61, Title: Chair Title: 14'LLL�'Qly �a t Date:,' te ,,,, 11 R�'`i�2� �5 r���k�r)- 3 � � Y Date: ti- WITWESS: WIT N7�- R 'g'o�-4?�`z s� r . Printed Prin d RO GENS 4 W gman &Wai# P.A. Printed Name: a F ar raw ' Initials: _. SELLEWs II ® ` y Utterback, Theresa From: Ken Dodge <kdodge@llw-law.com> Sent: Thursday, November 4, 2021 5:01 PM To: Utterback, Theresa; Shutt,Thuy Subject: FW: CRA due diligence Follow Up Flag: Follow up Flag Status: Flagged See highlighted responses below as to Oyer questions: Kenneth W. Dodge I Executive Shareholder Board Certified Real Estate Law 360 South Rosemary Avenue, Suite 1100 1 West Palm Beach, Florida 33401 kdodget_llw-law.com 1561.640.0820 vCard I Website I Bio I join us online LEWIS L LW I NGMAN WALKER The information contained in this transmission may be legally privileged and confidential. It is intended only for the use of the recipient(s)named above. If the reader of this message is not the intended recipient,you are hereby notified that you received this communication in error,and that any dissemination,distribution,or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by reply email and delete the message and all copies of it. From: Christian Macoviak<cmacoviak@oyerinsurance.com> Sent:Thursday, November 4, 20214:12 PM To: Ken Dodge <kdodge@llw-law.com>; 'Harvey E. Oyer, III' <HOyer@shutts.com> Subject: RE: CRA due diligence External Email I will have it over to you by the end of the weekend. Take care. 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: Ken Dodge <I<dodee@llw-law.com> Sent:Thursday, November 4, 20213:12 PM To: Christian Macoviak<cmacoviak@oyerinsurance.com>; 'Harvey E. Oyer, III' <HOyer@shutts.com> Subject: RE: CRA due diligence 1 Christian,you've answered the first inquiry. For the second I believe what you have below is what the CRA is looking for (a breakdown by account, attaching utility bills and other pertinent documentation).Thank you. Kenneth W. Dodge I Executive Shareholder Board Certified Real Estate Law 360 South Rosemary Avenue, Suite 1100 1 West Palm Beach, Florida 33401 kdodge Ilw-law.com 1561.640.0820 vCard I Website I Bio I join us online LEWIS L LW I NGMAN WALKER The information contained in this transmission may be legally privileged and confidential. It is intended only for the use of the recipient(s)named above. If the reader of this message is not the intended recipient,you are hereby notified that you received this communication in error,and that any dissemination,distribution,or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by reply email and delete the message and all copies of it. From: Christian Macoviak<cmacoviak@oyerinsurance.com> Sent:Thursday, November 4, 20212:11 PM To: Ken Dodge <kdod e@llw-law.com>; 'Harvey E. Oyer, III' <HOyer@shutts.com> Subject: RE: CRA due diligence External Email Good afternoon Ken, We do not own nor are we responsible for any of Kim's equipment. For the three AC units upstairs (Kala and FL Tech) we both maintain and replace them. Kim and the Agency are responsible for maintenance but we replace the units. I hope that answers your question but if not,just let me know. In regards to income and expenses, so that I get the information that is most helpful, are you looking for break downs of accounts so you can see separated utilities,taxes, etc.for each rental location? Do you need me to include account numbers? Do you need copies of the actual utility bills? Thank you. 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: Ken Dodge <I<dodee@llw-law.com> Sent:Thursday, November 4, 20211:51 PM To: Christian Macoviak<cmacoviak@oyerinsurance.com>; 'Harvey E. Oyer, III' <HOyer@shutts.com> Subject: CRA due diligence 2 Christian/Harvey—the CRA has asked me to inquire on the following 2 items as they move forward with their due diligence: 1) What equipment and appliances in the commercial units (chiefly Hurricane Alley) does the Landlord own or remain responsible for(i.e. repair or replacement responsibility)?And 2) Can you provide financial documentation (balance sheet or whatever bookkeeping you use)for both residential and commercial units that would show the income and expenses for each unit? Thank you both. Kenneth W. Dodge I Executive Shareholder Board Certified Real Estate Law 360 South Rosemary Avenue, Suite 1100 1 West Palm Beach, Florida 33401 kdodge Ilw-law.com 1561.640.0820 vCard I Website I Bio I join us online _ LEWIS, W_ ' jN MAN L a WALKER The information contained in this transmission may be legally privileged and confidential. It is intended only for the use of the recipient(s)named above. If the reader of this message is not the intended recipient,you are hereby notified that you received this communication in error,and that any dissemination,distribution,or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by reply email and delete the message and all copies of it. 3 Florida Department of Agriculture and Consumer Services Division of Agricultural Environmental Services a WOOD-DESTROYING ORGANISMS INSPECTION REPORT Rule 5E-14.142,F.A.C. NICOLE"NIKKI"FRIED Telephone Number(850)617-7996 COMMISSIONER SECTION 1 —GENERAL INFORMATION Inspection Company: Hulett Environmental Services Business License Number: JB0000614 Inspection Company Name 7670 Okeechobee Blvd Phone Number: 800-285-7378 Company Address West Palm Beach, FL 33411-2100 Date of Inspection: 10/05/2021 Company City,State and Zip Code Inspector's Name and Identification Card Number: Nadim Hamdan JE196363 Print Name ID Card No. Address of Property Inspected: 511, 515 & 529 E Ocean Ave, Boynton Beach, FL 33435-4923 Structure(s)on Property Inspected: 3 Attached Multi Commercial & Residential Buildings Inspection and Report requested by: Theresa Utterback __ Name and Contact Information Report Sent to Requestor and to: Email : utterbackt@bbfl.US Name and Contact Information if different from above SECTION 2—INSPECTION FINDINGS—CONSUMERS SHOULD READ THIS SECTION CAREFULLY THIS REPORT IS MADE ON THE BASIS OF WHAT WAS VISIBLE AND READILY ACCESSIBLE AT THE TIME OF INSPECTION AND DOES NOT CONSTITUTE A GUARANTEE OF THE ABSENCE OF WOOD-DESTROYING ORGANISMS(WDOs)OR DAMAGE OR OTHER EVIDENCE UNLESS THIS REPORT SPECIFICALLY STATES HEREIN THE EXTENT OF SUCH GUARANTEE. This report does not cover areas such as,but not limited to,those that are enclosed or inaccessible,areas concealed by wall-coverings,floor coverings,furniture,equipment,stored articles,insulation or any portion of the structure in which inspection would necessitate removing or defacing any part of the structure. This property was not inspected for any fungi other than wood-decaying fungi,and no opinion on health related effects or indoor air quality is provided or rendered by this report. Individuals licensed to perform pest control are not required,authorized or licensed to inspect or report for any fungi other than wood-destroying fungi,nor to report or comment on health or indoor air quality issues related to any fungi. Persons concerned about these issues should consult with a certified industrial hygienist or other person trained and qualified to render such opinions.A wood-destroying organism(WDO)means an arthropod or plant life which damages and can reinfest seasoned wood in a structure,namely,termites,powder post beetles,old house borers,and wood-decaying fungi. NOTE:This is NOT a structural damage report.It should be understood that there may be damage,including possible hidden damage present. FURTHER INVESTIGATION BY QUALIFIED EXPERTS OF THE BUILDING TRADE SHOULD BE MADE TO DETERMINE THE STRUCTURAL SOUNDNESS OF THE PROPERTY. Based on a visual inspection of accessible areas,the following findings were observed: (See Page 2, Section 3 to determine which areas of the inspected structure(s)may have been inaccessible.) A. ❑NO visible signs of WDO(s)(live,evidence or damage)observed. B. ❑x VISIBLE evidence of WDO(s)was observed as follows: Q 1. LIVE WDO(s): _Drywood jermite (Common Name of Organism and Location—use additional page,if needed) (A)Drywood Termites 529 E Ocean-2nd floor hallway window trim facing east near staircase entrance northside of building. ❑x 2. EVIDENCE of WDO(s)(dead wood-destroying insects or insect parts,frass, shelter tubes,exit holes, or other evidence): (A)Drywood Termites Pellets,Exit holes,Wings:(A)529 E Ocean Restaurant-Pellets on red nomad sign on interior west wall, (Common Name,Description and Location—Describe evidence—use additional page,if needed) wings on floor and alongside baseboards in 3 offices on 2nd floor and 2nd floor hallway window facing east near staircase entrance. (B)Fungus(Wood Decay)Staircase behind resturant northeast side of building,wood panel staircase support,under staircase,siding on bottom side of s 0 3. DAMAGE caused by WDO(s)was observed and noted as follows: (A)Drywood Termite(B)Fungus(Wood Decay) (Common Name,Description and Location of all visible damage—Describe damage—use additional page,if needed) (A)Drywood Termite(B)Fungus(Wood Decay}:529 E Ocean Finished floors in office on 2nd floor above restaurant eastside of building,on red nomad sign on west wall inside restaurant,beams near all 3 attic access panels.. (B)Fungus(Wood Decay) Staircase behind restaurant on northeast side of building,4 x 4 wood panel staircase support on westside of staircase and under staircase. CONTINUED ON PAGE TWO FDACS-13645 Rev. 10/15 Page 1 of 2 SECTION 3—OBSTRUCTIONS AND INACCESSIBLE AREAS: The following areas of the structure(s) inspected were obstructed or i inaccessible. NO INFORMATION on the status of wood-destroying organisms or damage from wood-destroying organisms in these areas is provided in this report. In addition to those areas described in consumer information on Page 1,Section 2;the following specific areas were not visible and/or accessible for inspection.The descriptions and reasons for inaccessibility are stated below: x❑ Attic SPECIFIC AREAS: Limited Attics(3) REASON: Low access,insulation,A/C Duct work Interior SPECIFIC AREAS: Limited Interior REASON: Stored items throughout restaurant and offices,511 &517(2)2nd floor apartments fully furnished and storage throughout D Exterior SPECIFIC AREAS: Limited Exterior REASON: Due to Fascia Height over 10 feet ❑ Crawlspace SPECIFIC AREAS: REASON: ❑ Other: SPECIFIC AREAS: REASON: SECTION 4—NOTICE OF INSPECTION AND TREATMENT INFORMATION EVIDENCE of previous treatment observed: ❑Yes © No If Yes, the structure exhibits evidence of previous treatment. List what was observed: (Slate what visible evidence vas observed to suggest possible previous treatment—use additional page,if needed) NOTE:The inspecting company can give no assurances with regard to work done by other companies.The company that performed the treatment should be contacted for information on treatment history and any warranty or service agreement which may be in place. A Notice of Inspection has been affixed to the structure at: Main Electrical Panel (Slate the location) This Company has treated the structure(s)at the time of inspection ❑ Yes ❑x No If Yes: Common name of organism treated: (Common name of organism) Name of Pesticide Used: Terms and Conditions of Treatment: Method of treatment: ❑Whole structure ❑ Spot treatment: Specify Treatment Notice Location: SECTION 5—COMMENTS AND FINANCIAL DISCLOSURE Comments: Recommend Drywood Termite treatment$12,595.00 I, (Use additional pages,if necessary) Recommend repair of damaged wood i Neither the company(licensee) nor the inspector has any financial interest in the property inspected or is associated in any way in the transaction or with any party to the transaction other than for inspection purposes. Signature of Licensee or Agent: Date: 10/07/2021 Address of Property Inspected: 511,515&529 E )cean Ave,Boynton Beach,FL 33435-49 inspection Date: 10/06/2021 FDACS-13645 Rev. 10/15 Page 2 of 2 AR*5 EMOROMMENTALmc Environmental Consulting Services Asbestos Business License #ZA-0000164 Asbestos Consulting • Radon Measurements • Lead Assessments • Indoor Air Quality Testing • Mold Investigations Today's Date: 10/7/2021 Project Number:20212555 Page 1 of 45 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Asbestos Survey — Project Summary Pursuant to your request;ARS Environmental,Inc.,has performed an Asbestos Building Survey on 10/6/2021 and limited to the above referenced location. The Interior/Exterior/Roof of the above referenced location was visually inspected to identify building materials that may contain asbestos. Suspect materials were collected and samples sent to laboratory for analysis. Laboratory Results Based on the laboratory analysis, asbestos was detected in amounts greater than 1 1 in the secured samples. I;Fr Ft, W you.Please call onus again. ARS Environmental,Inc. 151 North Nob Hill Road, #462, Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironmental.com • sales@arsenvironentl.co AR*5 EMOROMMENTALmc Environmental Consulting Services Asbestos Business License #ZA-0000164 Asbestos Consulting • Radon Measurements • Lead Assessments • Indoor Air Quality Testing • Mold Investigations Today's Date: 10/7/2021 Project Number:20212555 Page 2 of 45 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Asbestos Survey — Certification I hereby certify that this asbestos survey was conducted at the above referenced Job Site on 10/6/2021,and performed by Ariel Hamilton,accredited by the EPA as AHERA Inspector(s),utilizing the code of the Federal Regulation Standards,40 CFR,Part 763,Subpart E,Section 763.80-763.99 and the State Asbestos Regulations,Florida Statutes 469.003. Ron DeSantis,Governor Julie I.Brown,Secretary 4r. db8pr STATE OF FLORIDA e DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ASBEST,O Lt FN ING UNIT `� THE ASBESTOS BUSINES5',i'�`�rAt+ T�fYN HE�t iyIS ICENSED UNDER THE PRO VISIOI Q it � i9 F t TATUTES > tf F P JEN ft rFS tilt ur yCgni a i A Al T LICENSE`t1U�vIBER'.Zk40U164 EXPIRATION DATE: NOVEMBER 30,2023 / Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. O� This is your license.It is unlawful for anyone other than the licensee to use this document. Tim Caughey,M.P.H. (IA0000016) Florida Licensed Consultant Asbestos Business Organization 151 North Nob Hill Road, #462, Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironmental.com • sales@arsenvironentl.co AR*5 EMOROMMENTALmc Environmental Consulting Services Asbestos Business License #ZA-0000164 Asbestos Consulting • Radon Measurements • Lead Assessments • Indoor Air Quality Testing • Mold Investigations Today's Date: 10/7/2021 Project Number:20212555 Page 3 of 45 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Asbestos Survey — Technician Certification Vern Roberts Environmental Training,Inc. 13987 9411 Avenue N Seminole, FL 33776 727-239-1445 Certifies that .t l JEL HAMILTON Has satisfactorily completed the requisite training for asbestos accreditation under TSCA TITLE II,EPA Model Accreditation Plan(40CFR763 E)for the 4-hour Inspector(Survey&Mechanical)Refresher Course on 6/1/2021, and in testimony whereof,we do confer this certificate at Seminole,Florida on 6/1/2021. Date of Course:6/1/2021 Expiration Date 6/1/2022 Certificate#06012103AM Course#FL49-000632�wider�0n003810 J ' P/V lNB7RCl6711P /� V'V Ariel Hamilton AHERA Building Inspectior ARS Environmental,Inc. 151 North Nob Hill Road, #462, Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironmental.com • sales@arsenvironentl.co ARSE)VOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License #ZA-0000164 Today's Date: 10/7/2021 Project Number: 20212555 Page 4 of 45 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Asbestos Survey — Bulk Sample Itemization Sample Sample Physical Water Material Sample Asbestos Number Material Class/Sample Description/Location Condition Damage Damage Contact Friability Approximate Size Detected Sample Surfacing Material Good None None High Friable 8,179 sf Asbestos Not 1 Detected Layer Interior Plaster Coat 515 Throughout building ceilings. partition and perimeter walls. Sample Surfacing Material Good None None High Friable Included Above Asbestos Not 2 Detected Layer Interior Plaster Coat 515 Throughout building ceilings. partition and perimeter walls. Sample Surfacing Material Good None None High Friable Included Above Asbestos Not 3 Detected Layer Interior Plaster Coat 515 Throughout building ceilings. partition and perimeter walls. Sample Surfacing Material Good None None High Friable Included Above Asbestos Not 4 Detected Layer Interior Plaster Coat 515 Throughout building ceilings. partition and perimeter walls. Sample Surfacing Material Good None None High Friable Included Above Asbestos Not 5 Detected Layer Interior Plaster Coat 515 Throughout building ceilings. partition and perimeter walls. The following non suspect materials were observed during this inspection(no samples were obtained);carpet,a/c fiberglass duct,fiberglass,glass,metal,terrazzo flooring,wood,rubberized roof,rubberized caulking around windows.A/C duct fiberglass insulation(flex duct).No fiberglass insulation observed behind the walls. 151 North Nob Hill Road, #462,. Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironental.co • sales@arsenvironmental.com ARSE)VOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License #ZA-0000164 Today's Date: 10/7/2021 Project Number: 20212555 Page 5 of 45 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Asbestos Survey — Bulk Sample Itemization Sample Sample Physical Water Material Sample Asbestos Number Material Class/Sample Description/Location Condition Damage Damage Contact Friability Approximate Size Detected Sample Surfacing Material Good None None High Friable 7,439 sf Asbestos Not 6 Detected Layer Wallboard/Joint Compound 515 Throughout building ceilings. partition and perimeter walls under interior plaster coat. Sample Surfacing Material Good None None High Friable Included Above Asbestos Not 7 Detected Layer Wallboard/Joint Compound 515 Throughout building ceilings. partition and perimeter walls under interior plaster coat. Sample Surfacing Material Good None None High Friable Included Above Asbestos Not 8 Detected Layer Wallboard/Joint Compound 515 Throughout building ceilings. partition and perimeter walls under interior plaster coat. Sample Surfacing Material Good None None High Friable Included Above Asbestos Not 9 Detected Layer Wallboard/Joint Compound 515 Throughout building ceilings. partition and perimeter walls under interior plaster coat. Sample Surfacing Material Good None None High Friable Included Above Asbestos Not 10 Detected Layer Wallboard/Joint Compound 515 Throughout building ceilings. partition and perimeter walls under interior plaster coat. The following non suspect materials were observed during this inspection(no samples were obtained);carpet,a/c fiberglass duct,fiberglass,glass,metal,terrazzo flooring,wood,rubberized roof,rubberized caulking around windows.A/C duct fiberglass insulation(flex duct).No fiberglass insulation observed behind the walls. 151 North Nob Hill Road, #462,. Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironental.co • sales@arsenvironmental.com ARSE)VOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License #ZA-0000164 Today's Date: 10/7/2021 Project Number: 20212555 Page 6 of 45 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Asbestos Survey — Bulk Sample Itemization Sample Sample Physical Water Material Sample Asbestos Number Material Class/Sample Description/Location Condition Damage Damage Contact Friability Approximate Size Detected Sample Miscellaneous Good None None High Non-friable 73 sf YES 11 Layer Mirror Mastic;Black 515 Behind 504 square feet of mirrors throughout building restrooms and fitting rooms and walls. Sample Miscellaneous Good None None High Non-friable Included Above YES 12 Layer Mirror Mastic;Black 515 Behind 504 square feet of mirrors throughout building restrooms and fitting rooms and walls. Sample Miscellaneous Good None None High Non-friable 1 sf YES 13 Layer Black Mastic on Sink 515 (Insulation) Under sink at middle west section of building. Sample Miscellaneous Good None None High Non-friable 10,675 sf Asbestos Not 14 Detected Layer Interior/Exterior Concrete Structure 515 Throughout building slab,partition and perimeter walls. Sample Miscellaneous Good None None High Non-friable Included Above Asbestos Not 15 Detected Layer Interior/Exterior Concrete Structure 515 Throughout building slab,partition and perimeter walls. The following non suspect materials were observed during this inspection(no samples were obtained);carpet,a/c fiberglass duct,fiberglass,glass,metal,terrazzo flooring,wood,rubberized roof,rubberized caulking around windows.A/C duct fiberglass insulation(flex duct).No fiberglass insulation observed behind the walls. 151 North Nob Hill Road, #462,. Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironental.co • sales@arsenvironmental.com ARSE)VOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License #ZA-0000164 Today's Date: 10/7/2021 Project Number: 20212555 Page 7 of 45 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Asbestos Survey — Bulk Sample Itemization Sample Sample Physical Water Material Sample Asbestos Number Material Class/Sample Description/Location Condition Damage Damage Contact Friability Approximate Size Detected Sample Miscellaneous Good None None High Non-friable ,Included Above Asbestos Not 16 Detected Layer Interior/Exterior Concrete Structure 515 Throughout building slab,partition and perimeter walls. Sample Miscellaneous Good None None High Non-friable Included Above Asbestos Not 17 Detected Layer Interior/Exterior Concrete Structure 515 Throughout building slab,partition and perimeter walls. Sample Surfacing Material Good None None High Friable 7,428 sf Asbestos Not 18 Detected Layer Interior Plaster Coat 529 Throughout building ceiling,partition and perimeter walls 1st and 2nd floors. Sample Surfacing Material Good None None High Friable Included Above Asbestos Not 19 Detected Layer Interior Plaster Coat 529 Throughout building ceiling,partition and perimeter walls 1st and 2nd floors. Sample Surfacing Material Good None None High Friable Included Above Asbestos Not 20 Detected Layer Interior Plaster Coat 529 Throughout building ceiling,partition and perimeter walls 1st and 2nd floors. The following non suspect materials were observed during this inspection(no samples were obtained);carpet,a/c fiberglass duct,fiberglass,glass,metal,terrazzo flooring,wood,rubberized roof,rubberized caulking around windows.A/C duct fiberglass insulation(flex duct).No fiberglass insulation observed behind the walls. 151 North Nob Hill Road, #462,. Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironental.co • sales@arsenvironmental.com ARSE)VOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License #ZA-0000164 Today's Date: 10/7/2021 Project Number: 20212555 Page 8 of 45 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Asbestos Survey — Bulk Sample Itemization Sample Sample Physical Water Material Sample Asbestos Number Material Class/Sample Description/Location Condition Damage Damage Contact Friability Approximate Size Detected Sample Surfacing Material Good None None High Friable ,Included Above Asbestos Not 21 Detected Layer Interior Plaster Coat 529 Throughout building ceiling,partition and perimeter walls 1st and 2nd floors. Sample Surfacing Material Good None None High Friable Included Above Asbestos Not 22 Detected Layer Interior Plaster Coat 529 Throughout building ceiling,partition and perimeter walls 1st and 2nd floors. Sample Surfacing Material Good None None High Friable Included Above Asbestos Not 23 Detected Layer Interior Plaster Coat 529 Throughout building ceiling,partition and perimeter walls 1st and 2nd floors. Sample Surfacing Material Good None None High Friable 6,719 sf Asbestos Not 24 Detected Layer Wallboard/Joint Compound 529 Throughout building ceiling,partition and perimeter walls 1st and 2nd floors and under interior plaster coat. Sample Surfacing Material Good None None High Friable Included Above Asbestos Not 25 Detected Layer Wallboard/Joint Compound 529 Throughout building ceiling,partition and perimeter walls 1st and 2nd floors and under interior plaster coat. The following non suspect materials were observed during this inspection(no samples were obtained);carpet,a/c fiberglass duct,fiberglass,glass,metal,terrazzo flooring,wood,rubberized roof,rubberized caulking around windows.A/C duct fiberglass insulation(flex duct).No fiberglass insulation observed behind the walls. 151 North Nob Hill Road, #462,. Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironental.co • sales@arsenvironmental.com ARSE)VOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License #ZA-0000164 Today's Date: 10/7/2021 Project Number: 20212555 Page 9 of 45 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Asbestos Survey — Bulk Sample Itemization Sample Sample Physical Water Material Sample Asbestos Number Material Class/Sample Description/Location Condition Damage Damage Contact Friability Approximate Size Detected Sample Surfacing Material Good None None High Friable Included Above Asbestos Not 26 Detected Layer Wallboard/Joint Compound 529 Throughout building ceiling,partition and perimeter walls 1st and 2nd floors and under interior plaster coat. Sample Surfacing Material Good None None High Friable Included Above Asbestos Not 27 Detected Layer Wallboard/Joint Compound 529 Throughout building ceiling,partition and perimeter walls 1st and 2nd floors and under interior plaster coat. Sample Miscellaneous Good None None High Friable 231f Asbestos Not 28 Detected Layer Vinyl Baseboard and Glue 529 Throughout 1st floor restrooms along wall base perimere. Sample Miscellaneous Good None None High Non-friable 1541f Asbestos Not 29 Detected Layer Ceramic Tile Grout 529 Throughout building restrooms floor between and under tiles. Sample Miscellaneous Good None None High Non-friable Included Above Asbestos Not 30 Detected Layer Ceramic Tile Grout 529 Throughout building restrooms floor between and under tiles. The following non suspect materials were observed during this inspection(no samples were obtained);carpet,a/c fiberglass duct,fiberglass,glass,metal,terrazzo flooring,wood,rubberized roof,rubberized caulking around windows.A/C duct fiberglass insulation(flex duct).No fiberglass insulation observed behind the walls. 151 North Nob Hill Road, #462,. Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironental.co • sales@arsenvironmental.com ARSE)VOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License #ZA-0000164 Today's Date: 10/7/2021 Project Number: 20212555 Page 10 of 45 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Asbestos Survey — Bulk Sample Itemization Sample Sample Physical Water Material Sample Asbestos Number Material Class/Sample Description/Location Condition Damage Damage Contact Friability Approximate Size Detected Sample Miscellaneous Good None None High Non-friable 9,131 sf Asbestos Not 31 Detected Layer Interior/Exterior Concrete Structure 529 Throughout 1st floor slab,partition and perimeter walls. Sample Miscellaneous Good None None High Non-friable Included Above Asbestos Not 32 Detected Layer Interior/Exterior Concrete Structure 529 Throughout 1st floor slab,partition and perimeter walls. Sample Miscellaneous Good None None High Non-friable Included Above Asbestos Not 33 Detected Layer Interior/Exterior Concrete Structure 529 Throughout 1st floor slab,partition and perimeter walls. Sample Miscellaneous Good None None High Non-friable Included Above Asbestos Not 34 Detected Layer Interior/Exterior Concrete Structure 529 Throughout 1st floor slab,partition and perimeter walls. Sample Surfacing Material Good None None High Non-friable 3,719 sf Asbestos Not 35 Detected Layer Exterior Plaster Coat 529 Throughout building exterior walls surface. The following non suspect materials were observed during this inspection(no samples were obtained);carpet,a/c fiberglass duct,fiberglass,glass,metal,terrazzo flooring,wood,rubberized roof,rubberized caulking around windows.A/C duct fiberglass insulation(flex duct).No fiberglass insulation observed behind the walls. 151 North Nob Hill Road, #462,. Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironental.co • sales@arsenvironmental.com ARSE)VOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License #ZA-0000164 Today's Date: 10/7/2021 Project Number: 20212555 Page 11 of 45 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Asbestos Survey — Bulk Sample Itemization Sample Sample Physical Water Material Sample Asbestos Number Material Class/Sample Description/Location Condition Damage Damage Contact Friability Approximate Size Detected Sample Surfacing Material Good None None High Non-friable ,Included Above Asbestos Not 36 Detected Layer Exterior Plaster Coat 529 Throughout building exterior walls surface. Sample Surfacing Material Good None None High Non-friable Included Above Asbestos Not 37 Detected Layer Exterior Plaster Coat 529 Throughout building exterior walls surface. Sample Miscellaneous Good None None Low Non-friable 5,428 sf Asbestos Not 38 Detected Layer Roof Material;Membrane 529 Over building. Sample Miscellaneous Good None None Low Non-friable Included Above Asbestos Not 39 Detected Layer Roof Material;Membrane 529 Over building. Sample Miscellaneous Good None None Low Non-friable 379 If Asbestos Not 40 Detected Layer Roof Material;Flashing 529 Over building along perimeter. The following non suspect materials were observed during this inspection(no samples were obtained);carpet,a/c fiberglass duct,fiberglass,glass,metal,terrazzo flooring,wood,rubberized roof,rubberized caulking around windows.A/C duct fiberglass insulation(flex duct).No fiberglass insulation observed behind the walls. 151 North Nob Hill Road, #462,. Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironental.co • sales@arsenvironmental.com ARSE)VOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License #ZA-0000164 Today's Date: 10/7/2021 Project Number: 20212555 Page 12 of 45 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Asbestos Survey — Bulk Sample Itemization Sample Sample Physical Water Material Sample Asbestos Number Material Class/Sample Description/Location Condition Damage Damage Contact Friability Approximate Size Detected Sample Surfacing Material Good None None Low Friable 394 sf Asbestos Not 41 Detected Layer Spray Applied Ceiling Texture; 517 Popcorn Throughout unit 1#1 ceiling surface. Sample Surfacing Material Good None None Low Friable Included Above Asbestos Not 42 Detected Layer Spray Applied Ceiling Texture; 517 Popcorn Throughout unit 1#1 ceiling surface. Sample Surfacing Material Good None None Low Friable Included Above Asbestos Not 43 Detected Layer Spray Applied Ceiling Texture; 517 Popcorn Throughout unit 1#1 ceiling surface. Sample Surfacing Material Good None None High Friable 5,916 sf Asbestos Not 44 Detected Layer Interior Plaster Coat 517 Throughout building ceiling,partition and perimeter walls(apartment units on 2nd floor). Sample Surfacing Material Good None None High Friable Included Above Asbestos Not 45 Detected Layer Interior Plaster Coat 517 Throughout building ceiling,partition and perimeter walls(apartment units on 2nd floor). The following non suspect materials were observed during this inspection(no samples were obtained);carpet,a/c fiberglass duct,fiberglass,glass,metal,terrazzo flooring,wood,rubberized roof,rubberized caulking around windows.A/C duct fiberglass insulation(flex duct).No fiberglass insulation observed behind the walls. 151 North Nob Hill Road, #462,. Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironental.co • sales@arsenvironmental.com ARSE)VOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License #ZA-0000164 Today's Date: 10/7/2021 Project Number: 20212555 Page 13 of 45 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Asbestos Survey — Bulk Sample Itemization Sample Sample Physical Water Material Sample Asbestos Number Material Class/Sample Description/Location Condition Damage Damage Contact Friability Approximate Size Detected Sample Surfacing Material Good None None High Friable Included Above Asbestos Not 46 Detected Layer Interior Plaster Coat 517 Throughout building ceiling,partition and perimeter walls(apartment units on 2nd floor). Sample Surfacing Material Good None None High Friable 6,786 sf Asbestos Not 47 Detected Layer Wallboard/Joint Compound 517 Throughout building ceiling,partition and perimeter walls under interior plaster coat(apartment units on 2nd floor). Sample Surfacing Material Good None None High Friable Included Above Asbestos Not 48 Detected Layer Wallboard/Joint Compound 517 Throughout building ceiling,partition and perimeter walls under interior plaster coat(apartment units on 2nd floor). Sample Surfacing Material Good None None High Friable Included Above Asbestos Not 49 Detected Layer Wallboard/Joint Compound 517 Throughout building ceiling,partition and perimeter walls under interior plaster coat(apartment units on 2nd floor). Sample Surfacing Material Good None None High Friable Included Above Asbestos Not 50 Detected Layer Wallboard/Joint Compound 517 Throughout building ceiling,partition and perimeter walls under interior plaster coat(apartment units on 2nd floor). The following non suspect materials were observed during this inspection(no samples were obtained);carpet,a/c fiberglass duct,fiberglass,glass,metal,terrazzo flooring,wood,rubberized roof,rubberized caulking around windows.A/C duct fiberglass insulation(flex duct).No fiberglass insulation observed behind the walls. 151 North Nob Hill Road, #462,. Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironental.co • sales@arsenvironmental.com ARSE)VOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License #ZA-0000164 Today's Date: 10/7/2021 Project Number: 20212555 Page 14 of 45 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Asbestos Survey — Bulk Sample Itemization Sample Sample Physical Water Material Sample Asbestos Number Material Class/Sample Description/Location Condition Damage Damage Contact Friability Approximate Size Detected Sample Miscellaneous Good None None High Non-friable 349 sf Asbestos Not 51 Detected Layer Ceramic Tile Grout 517 Throughout kitchen and bathroom floor between and under tiles(apartment units on 2nd floor). Sample Miscellaneous Good None None High Non-friable Included Above Asbestos Not 52 Detected Layer Ceramic Tile Grout 517 Throughout kitchen and bathroom floor between and under tiles(apartment units on 2nd floor). Sample Miscellaneous Good None None High Non-friable Included Above Asbestos Not 53 Detected Layer Ceramic Tile Grout 517 Throughout kitchen and bathroom floor between and under tiles(apartment units on 2nd floor). Sample Miscellaneous Good None None Low Friable 2,378 sf Asbestos Not 54 Detected Layer 2'x 2'Ceiling Tiles; 511 Pinhole Design Throughout building acoustic drop ceiling(office areas). Sample Miscellaneous Good None None Low Friable Included Above Asbestos Not 55 Detected Layer 2'x 2'Ceiling Tiles; 511 Pinhole Design Throughout building acoustic drop ceiling(office areas). The following non suspect materials were observed during this inspection(no samples were obtained);carpet,a/c fiberglass duct,fiberglass,glass,metal,terrazzo flooring,wood,rubberized roof,rubberized caulking around windows.A/C duct fiberglass insulation(flex duct).No fiberglass insulation observed behind the walls. 151 North Nob Hill Road, #462,. Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironental.co • sales@arsenvironmental.com ARSE)VOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License #ZA-0000164 Today's Date: 10/7/2021 Project Number: 20212555 Page 15 of 45 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Asbestos Survey — Bulk Sample Itemization Sample Sample Physical Water Material Sample Asbestos Number Material Class/Sample Description/Location Condition Damage Damage Contact Friability Approximate Size Detected Sample Miscellaneous Good None None Low Friable Included Above Asbestos Not 56 Detected Layer 2'x 2'Ceiling Tiles; 511 Pinhole Design Throughout building acoustic drop ceiling(office areas). Sample Surfacing Material Good None None High Friable 7,013 sf Asbestos Not 57 Detected Layer Interior Plaster Coat 511 Throughout building ceiling partition and perimeter walls. Sample Surfacing Material Good None None High Friable Included Above Asbestos Not 58 Detected Layer Interior Plaster Coat 511 Throughout building ceiling partition and perimeter walls. Sample Surfacing Material Good None None High Friable Included Above Asbestos Not 59 Detected Layer Interior Plaster Coat 511 Throughout building ceiling partition and perimeter walls. Sample Surfacing Material Good None None High Friable Included Above Asbestos Not 60 Detected Layer Interior Plaster Coat 511 Throughout building ceiling partition and perimeter walls. The following non suspect materials were observed during this inspection(no samples were obtained);carpet,a/c fiberglass duct,fiberglass,glass,metal,terrazzo flooring,wood,rubberized roof,rubberized caulking around windows.A/C duct fiberglass insulation(flex duct).No fiberglass insulation observed behind the walls. 151 North Nob Hill Road, #462,. Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironental.co • sales@arsenvironmental.com ARSE)VOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License #ZA-0000164 Today's Date: 10/7/2021 Project Number: 20212555 Page 16 of 45 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Asbestos Survey — Bulk Sample Itemization Sample Sample Physical Water Material Sample Asbestos Number Material Class/Sample Description/Location Condition Damage Damage Contact Friability Approximate Size Detected Sample Surfacing Material Good None None High Friable 9.631 sf Asbestos Not 61 Detected Layer Wallboard/Joint Compound 511 Throughout building ceiling partition and perimeter walls under interior plaster coat. Sample Surfacing Material Good None None High Friable Included Above Asbestos Not 62 Detected Layer Wallboard/Joint Compound 511 Throughout building ceiling partition and perimeter walls under interior plaster coat. Sample Surfacing Material Good None None High Friable Included Above Asbestos Not 63 Detected Layer Wallboard/Joint Compound 511 Throughout building ceiling partition and perimeter walls under interior plaster coat. Sample Surfacing Material Good None None High Friable Included Above Asbestos Not 64 Detected Layer Wallboard/Joint Compound 511 Throughout building ceiling partition and perimeter walls under interior plaster coat. Sample Miscellaneous Good None None High Non-friable 379 sf Asbestos Not 65 Detected Layer Carpet Floor Glue 511 Throughout storage room and IT/file room floor. The following non suspect materials were observed during this inspection(no samples were obtained);carpet,a/c fiberglass duct,fiberglass,glass,metal,terrazzo flooring,wood,rubberized roof,rubberized caulking around windows.A/C duct fiberglass insulation(flex duct).No fiberglass insulation observed behind the walls. 151 North Nob Hill Road, #462,. Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironental.co • sales@arsenvironmental.com ARSE)VOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License #ZA-0000164 Today's Date: 10/7/2021 Project Number: 20212555 Page 17 of 45 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Asbestos Survey — Bulk Sample Itemization Sample Sample Physical Water Material Sample Asbestos Number Material Class/Sample Description/Location Condition Damage Damage Contact Friability Approximate Size Detected Sample Miscellaneous Good None None High Non-friable ,Included Above Asbestos Not 66 Detected Layer Carpet Floor Glue 511 Throughout storage room and IT/file room floor. Sample Miscellaneous Good None None High Non-friable Included Above Asbestos Not 67 Detected Layer Carpet Floor Glue 511 Throughout storage room and IT/file room floor. Sample Miscellaneous Good None None High Non-friable 2,770 sf Asbestos Not 68 Detected Layer Brown Vinyl Floor Covering and 511 Glue Throughout office areas and lounge area floor. Sample Miscellaneous Good None None High Non-friable Included Above Asbestos Not 69 Detected Layer Brown Vinyl Floor Covering and 511 Glue Throughout office areas and lounge area floor. Sample Miscellaneous Good None None High Non-friable Included Above Asbestos Not 70 Detected Layer Brown Vinyl Floor Covering and 511 Glue Throughout office areas and lounge area floor. The following non suspect materials were observed during this inspection(no samples were obtained);carpet,a/c fiberglass duct,fiberglass,glass,metal,terrazzo flooring,wood,rubberized roof,rubberized caulking around windows.A/C duct fiberglass insulation(flex duct).No fiberglass insulation observed behind the walls. 151 North Nob Hill Road, #462,. Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironental.co • sales@arsenvironmental.com ARSE)VOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License #ZA-0000164 Today's Date: 10/7/2021 Project Number: 20212555 Page 18 of 45 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Asbestos Survey — Bulk Sample Itemization Sample Sample Physical Water Material Sample Asbestos Number Material Class/Sample Description/Location Condition Damage Damage Contact Friability Approximate Size Detected Sample Miscellaneous Good None None High Non-friable 420 sf YES 71 Layer 9"x 9"Floor Tiles;Beige 511 and Black Mastic Throughout back area shop floor. Sample Miscellaneous Good None None High Non-friable Included Above YES 72 Layer 9"x 9"Floor Tiles;Beige 511 and Black Mastic Throughout back area shop floor. Sample Miscellaneous Good None None High Non-friable Included Above YES 73 Layer 9"x 9"Floor Tiles;Beige 511 and Black Mastic Throughout back area shop floor. Sample Miscellaneous Good None None High Non-friable Included Above YES 74 Layer Black Mastic on Concrete 511 Throughout back area shop floor under tiles. Sample Miscellaneous Good None None High Non-friable 112 sf Asbestos Not 75 Detected Layer Ceramic Tile Grout 511 Throughout restrooms floor. The following non suspect materials were observed during this inspection(no samples were obtained);carpet,a/c fiberglass duct,fiberglass,glass,metal,terrazzo flooring,wood,rubberized roof,rubberized caulking around windows.A/C duct fiberglass insulation(flex duct).No fiberglass insulation observed behind the walls. 151 North Nob Hill Road, #462,. Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironental.co • sales@arsenvironmental.com ARSE)VOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License #ZA-0000164 Today's Date: 10/7/2021 Project Number: 20212555 Page 19 of 45 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Asbestos Survey — Bulk Sample Itemization Sample Sample Physical Water Material Sample Asbestos Number Material Class/Sample Description/Location Condition Damage Damage Contact Friability Approximate Size Detected Sample Miscellaneous Good None None High Non-friable ,Included Above Asbestos Not 76 Detected Layer Ceramic Tile Grout 511 Throughout restrooms floor. Sample Miscellaneous Good None None High Non-friable 9,011 sf Asbestos Not 77 Detected Layer Interior/Exterior Concrete Structure 511/517 Throughout building floor,slab,partition and perimeter walls. Sample Miscellaneous Good None None High Non-friable Included Above Asbestos Not 78 Detected Layer Interior/Exterior Concrete Structure 511/517 Throughout building floor,slab,partition and perimeter walls. Sample Miscellaneous Good None None High Non-friable Included Above Asbestos Not 79 Detected Layer Interior/Exterior Concrete Structure 511/517 Throughout building floor,slab,partition and perimeter walls. Sample Miscellaneous Good None None High Non-friable Included Above Asbestos Not 80 Detected Layer Interior/Exterior Concrete Structure 511/517 Throughout building floor,slab,partition and perimeter walls. The following non suspect materials were observed during this inspection(no samples were obtained);carpet,a/c fiberglass duct,fiberglass,glass,metal,terrazzo flooring,wood,rubberized roof,rubberized caulking around windows.A/C duct fiberglass insulation(flex duct).No fiberglass insulation observed behind the walls. 151 North Nob Hill Road, #462,. Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironental.co • sales@arsenvironmental.com ARSE)VOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License #ZA-0000164 Today's Date: 10/7/2021 Project Number: 20212555 Page 20 of 45 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Asbestos Survey — Bulk Sample Itemization Sample Sample Physical Water Material Sample Asbestos Number Material Class/Sample Description/Location Condition Damage Damage Contact Friability Approximate Size Detected Sample Miscellaneous Good None None High Non-friable ,Included Above Asbestos Not 81 Detected Layer Interior/Exterior Concrete Structure 511/517 Throughout building floor,slab,partition and perimeter walls. Sample Miscellaneous Good None None High Non-friable Included Above Asbestos Not 82 Detected Layer Interior/Exterior Concrete Structure 511/517 Throughout building floor,slab,partition and perimeter walls. Sample Miscellaneous Good None None High Non-friable Included Above Asbestos Not 83 Detected Layer Interior/Exterior Concrete Structure 511/517 Throughout building floor,slab,partition and perimeter walls. Sample Miscellaneous Good None None Low Non-friable 4,070 sf Asbestos Not 84 Detected Layer Roof Material;Membrane 511/517 Over building. Sample Miscellaneous Good None None Low Non-friable Included Above Asbestos Not 85 Detected Layer Roof Material;Membrane 511/517 Over building. The following non suspect materials were observed during this inspection(no samples were obtained);carpet,a/c fiberglass duct,fiberglass,glass,metal,terrazzo flooring,wood,rubberized roof,rubberized caulking around windows.A/C duct fiberglass insulation(flex duct).No fiberglass insulation observed behind the walls. 151 North Nob Hill Road, #462,. Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironental.co • sales@arsenvironmental.com ARSE)VOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License #ZA-0000164 Today's Date: 10/7/2021 Project Number: 20212555 Page 21 of 45 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Asbestos Survey — Bulk Sample Itemization Sample Sample Physical Water Material Sample Asbestos Number Material Class/Sample Description/Location Condition Damage Damage Contact Friability Approximate Size Detected Sample Miscellaneous Good None None Low Non-friable 2131f Asbestos Not 86 Detected Layer Roof Material;Flashing 511/517 Over building along perimeter. The following non suspect materials were observed during this inspection(no samples were obtained);carpet,a/c fiberglass duct,fiberglass,glass,metal,terrazzo flooring,wood,rubberized roof,rubberized caulking around windows.A/C duct fiberglass insulation(flex duct).No fiberglass insulation observed behind the walls. 151 North Nob Hill Road, #462,. Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironental.co • sales@arsenvironmental.com AR*5 EMOROMMENTALmc Environmental Consulting Services Asbestos Business License #ZA-0000164 Asbestos Consulting • Radon Measurements • Lead Assessments • Indoor Air Quality Testing • Mold Investigations Today's Date: 10/7/2021 Project Number: 20212555 Page 22 of 45 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Asbestos Survey — Non-Suspect Materials The following non suspect materials were observed during this inspection (no samples were obtained); carpet, a/c fiberglass duct, fiberglass, glass, metal, terrazzo flooring, wood, rubberized roof, rubberized caulking around windows. A/C duct fiberglass insulation (flex duct). No fiberglass insulation observed behind the walls. 151 North Nob Hill Road, #462, Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironmental.com • sales@arsenvironentl.co AR*5 EMOROMMENTALmc Environmental Consulting Services Asbestos Business License #ZA-0000164 Asbestos Consulting • Radon Measurements • Lead Assessments • Indoor Air Quality Testing • Mold Investigations Today's Date: 10/7/2021 Project Number: 20212555 Page 23 of 45 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Friable Asbestos Containing Material NONE DETECTED Recommendations Friable: any material containing more than one percent asbestos which has been applied on ceilings, walls, structural members,piping, duct work, or any other part of a building,which when dry,may be crumbled,pulverized,or reduced to powder by hand pressure. The following work practice should be followed whenever demolition/renovation activities involving RACM occur: Notify EPA of intention to demolish/renovate, remove all RACM from a facility being demolished or renovated before any disruptive activity begins or before access to the material is precluded, keep RACM adequately wet before, during, and after removal operations, conduct demolition/renovation activities in a manner which produces no visible emissions to the outside air,and handle and dispose of all RACM in an approved manner. The above building material is considered friable and must be removed by a Florida Licensed Asbestos Abatement Contractor, prior to any disturbance caused by renovation or demolition. When implementing the response actions, parties responsible for final selection should remember that actions shall be sufficient to protect human health and the environment, but may also be the least burdensome method. Nothing in these recommendations should be construed as prohibiting or discouraging removal. In the event that demolition or renovation is deemed necessary, parties shall comply with all applicable laws, ordinances,rules and regulations of Federal, State and Local Governmental Agencies, including any National Emissions Standard Hazardous Air Pollutants (N.E.S.H.A.P.) Notification requirements 151 North Nob Hill Road, #462, Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironmental.com • sales@arsenvironental.co AR*5 EMOROMMENTALmc Environmental Consulting Services Asbestos Business License #ZA-0000164 Asbestos Consulting • Radon Measurements • Lead Assessments • Indoor Air Quality Testing • Mold Investigations Today's Date: 10/7/2021 Project Number: 20212555 Page 24 of 45 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Category I - Non-Friable Asbestos Containing Material Sample Approximate Sample Physical Water Material Sample Asbestos Number Description/Material Class Location Size Condition Damage Damage Contact Friability Detected Sample Mirror Mastic;Black 515 73 sf 11 Behind 504 square feet of mirrors Good None None High Non-friable YES Layer throughout building restrooms and Miscellaneous fitting rooms and walls. Sample Mirror Mastic;Black 515 Included 12 Behind 504 square feet of mirrors Above Good None None High Non-friable YES' Layer throughout building restrooms and Miscellaneous fitting rooms and walls. Sample Black Mastic on Sink 515 1 sf 13 (Insulation) Under sink at middle west section of Good None None High Non-friable YES Layer building. Miscellaneous Sample 9"x 9"Floor Tiles;Beige 511 420 sf 71 and Black Mastic Throughout back area shop floor. Good None None High Non-friable YES Layer Miscellaneous Sample 9"x 9"Floor Tiles;Beige 511 Included 72 and Black Mastic Throughout back area shop floor. Above Good None None High Non-friable YES Layer Miscellaneous Recommendations The above referenced Asbestos Contained Building Materials may be left in place if deemed to be in good condition and no repairs or renovations are scheduled which would disturb them.Care should be taken to ensure that the materials not be disturbed during repair,renovation or remodeling activities which could possibly release fibers into the air. To reduce the intrinsic liability to the owners, the ultimate solution may be to have the material removed. However, at the minimum, a formal Operations and Maintenance(O&M)Program is recommended to minimize potential fiber releases, monitor any future deterioration, and to ensure proper record keeping. Under the FDEP regulations, Category I non-friable asbestos-containing materials may be left in place during demolition under wet conditions. However, OSHA regulations require that disposal of asbestos-containing materials and debris is disposed of in a leak-tight and labeled container.The container may be plastic bags so long as the holding is leak-tight.All materials must be disposed of in a Class I landfill and manifest as Category I Non-Friable Asbestos containing material. To meet the requirements of a wet demolition,it is the responsibility of the demolition contractor to control any visible emissions by adequately applying water on the structure.Furthermore,the work practices for the demolition of a building containing asbestos must be in regulatory compliance with OSHA 1926.1101.All materials must be kept thoroughly wet or saturated during the demolition to assist in preventing the release of asbestos fibers.A certified asbestos supervisor must perform or supervise the work.If during the demolition process visible emissions are observed,the asbestos-containing materials must then be abated. The regulations of the Occupational Safety and Health Administration (OSHA) applies to any detectable amount of asbestos in building materials or on facility components.This requirement covers worker training,work practices,and disposal methods.In summary,removing asbestos in a commercial setting requires training, specific work practices,and disposal methods for the asbestos and asbestos-containing debris. However, if Category I Materials have become friable or are in poor condition,they must be removed before demolition or renovation begins by a Florida Licensed Asbestos Abatement Contractor.When implementing the response actions, parties responsible for final selection should remember that actions shall be sufficient to protect human health and the environment, but may also be the least burdensome method. Nothing in these recommendations should be construed as prohibiting or discouraging removal. 151 North Nob Hill Road, #462, Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironmental.com • sales@arsenvironentl.co AR*5 EMOROMMENTALmc Environmental Consulting Services Asbestos Business License #ZA-0000164 Asbestos Consulting • Radon Measurements • Lead Assessments • Indoor Air Quality Testing • Mold Investigations Today's Date: 10/7/2021 Project Number: 20212555 Page 25 of 45 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Category I - Non-Friable Asbestos Containing Material Sample Approximate Sample Physical Water Material Sample Asbestos Number Description/Material Class Location Size Condition Damage Damage Contact Friability Detected Sample 9"x 9"Floor Tiles;Beige 511 Included 73 and Black Mastic Throughout back area shop floor. Above Good None None High Non-friable YES Layer Miscellaneous Sample Black Mastic on Concrete �Tun 1 Included 74 roughout back area shop floor Above Good None None High Non-friable YE ' Layer der tiles. Miscellaneous Recommendations The above referenced Asbestos Contained Building Materials may be left in place if deemed to be in good condition and no repairs or renovations are scheduled which would disturb them.Care should be taken to ensure that the materials not be disturbed during repair,renovation or remodeling activities which could possibly release fibers into the air. To reduce the intrinsic liability to the owners, the ultimate solution may be to have the material removed. However, at the minimum, a formal Operations and Maintenance(O&M)Program is recommended to minimize potential fiber releases, monitor any future deterioration, and to ensure proper record keeping. Under the FDEP regulations, Category I non-friable asbestos-containing materials may be left in place during demolition under wet conditions. However, OSHA regulations require that disposal of asbestos-containing materials and debris is disposed of in a leak-tight and labeled container.The container may be plastic bags so long as the holding is leak-tight.All materials must be disposed of in a Class I landfill and manifest as Category I Non-Friable Asbestos containing material. To meet the requirements of a wet demolition,it is the responsibility of the demolition contractor to control any visible emissions by adequately applying water on the structure.Furthermore,the work practices for the demolition of a building containing asbestos must be in regulatory compliance with OSHA 1926.1101.All materials must be kept thoroughly wet or saturated during the demolition to assist in preventing the release of asbestos fibers.A certified asbestos supervisor must perform or supervise the work.If during the demolition process visible emissions are observed,the asbestos-containing materials must then be abated. The regulations of the Occupational Safety and Health Administration (OSHA) applies to any detectable amount of asbestos in building materials or on facility components.This requirement covers worker training,work practices,and disposal methods.In summary,removing asbestos in a commercial setting requires training, specific work practices,and disposal methods for the asbestos and asbestos-containing debris. However, if Category I Materials have become friable or are in poor condition,they must be removed before demolition or renovation begins by a Florida Licensed Asbestos Abatement Contractor.When implementing the response actions, parties responsible for final selection should remember that actions shall be sufficient to protect human health and the environment, but may also be the least burdensome method. Nothing in these recommendations should be construed as prohibiting or discouraging removal. 151 North Nob Hill Road, #462, Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironmental.com • sales@arsenvironentl.co AR*5 EMOROMMENTALmc Environmental Consulting Services Asbestos Business License #ZA-0000164 Asbestos Consulting • Radon Measurements • Lead Assessments • Indoor Air Quality Testing • Mold Investigations Today's Date: 10/7/2021 Project Number: 20212555 Page 26 of 45 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Category II - Non-Friable Asbestos Containing Material NONE DETECTED Recommendations The above referenced Asbestos Contained Building Materials may be left in place if deemed to be in good condition&no repairs or renovations are scheduled which would disturb them. Care should be taken to ensure that the materials not be disturbed during repair, renovation or remodeling activities which could possibly release fibers into the air. To reduce the intrinsic liability to the owners, the ultimate solution may be to have the material removed. The above building materials are considered Category II Non-Friable and are likely to become crushed,crumbled,pulverized or reduced to powder during demolition or renovation therefore must be removed before demolition or renovation begins by a Florida Licensed Asbestos Abatement Contractor. To meet the requirements of a wet demolition, it is the responsibility of the demolition contractor to control any visible emissions by adequately applying water on the structure. Furthermore, the work practices for the demolition of a building containing asbestos must be in regulatory compliance with OSHA 1926.1101. All materials must be kept thoroughly wet or saturated during the demolition to assist in preventing the release of asbestos fibers. A certified asbestos supervisor must perform or supervise the work. If during the demolition process visible emissions are observed,the asbestos-containing materials must then be abated. The regulations of the Occupational Safety and Health Administration(OSHA)applies to any detectable amount of asbestos in building materials or on facility components. This requirement covers worker training, work practices, and disposal methods. In summary, removing asbestos in a commercial setting requires training,specific work practices,and disposal methods for the asbestos and asbestos-containing debris. However,if Category II Materials have become friable or are in poor condition,they must be removed before demolition or renovation begins by a Florida Licensed Asbestos Abatement Contractor. When implementing the response actions,parties responsible for final selection should remember that actions shall be sufficient to protect human health and the environment, but may also be the least burdensome method. Nothing in these recommendations should be construed as prohibiting or discouraging removal. 151 North Nob Hill Road, #462, Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironmental.com • sales@arsenvironentl.co AR*5 EMOROMMENTALmc Environmental Consulting Services Asbestos Business License #ZA-0000164 Asbestos Consulting • Radon Measurements • Lead Assessments • Indoor Air Quality Testing • Mold Investigations General Terms and Conditions Scope of Work ARS Environmental's inspections are limited and non-destructive in nature.Any conditions or materials which were not able to be visually observed on the surface,or in easily accessible areas,were not inspected and may differ from those observed.It was not within the scope of this investigation to remove surface materials to investigate portions of the structure or materials which lay beneath the surface. Our selection of sample locations and frequency is based upon our observations and the assumption that like materials in the same area are homogeneous. This inspection report is the result of a diligent search of the facility for Asbestos Containing Building Materials(ACBM).The purpose of this inspection was to identify those materials which may pose a health hazard to occupants of a building and impart future liability to the owners and insurers of the property.However,we do not claim to have identified all of the asbestos containing building materials present in the facility.Materials such as underground pipes,any material inside walls,ceilings,floors,or other enclosed and inaccessible areas were not sampled and are not covered in this report. This report is designed to aid the building owner,architect,construction manager,general contractor,and potential asbestos abatement contractor in locating asbestos containing building materials.Under no circumstances is this report to be utilized as a proposal or a project specification document. This report is based upon conditions and practices observed at the property and information made available to the surveyor.This report does not intend to identify all hazards or unsafe practices,nor to indicate that other hazards or unsafe practices do not exist at the premises. In the event that demolition or renovation is deemed necessary,parties shall comply with all applicable laws,ordinances,rules,and regulations of federal,state,and local governmental agencies,including any National Emissions Standard Hazardous Air Pollutants (NESHAP)notification requirements. Right of Entry The client will provide for right of entry to ARS Environmental's personnel in order to complete the above referenced work. Invoices ARS Environmental will submit invoices to client upon completion of services. Ownership of Documents All reports,field data,field notes,laboratory tests data,calculations,estimates,and any other documents prepared by ARS Environmental as instruments of service shall remain the property of ARS Environmental. Assumptions and Limitations The results,findings,conclusions,and recommendations expressed in this report are based only on conditions which were observed during inspections by this report.ARS Environmental makes no representation or assumptions as to past conditions or future occurrences. Assigns Neither the client nor ARS Environmental may delegate,assign,sublet or transfer his duties or interest in this agreement without the written consent of the other party. Roof Cuts To obtain accurate information in a roof investigation,roof cuts approximately four inch 4"squares,may be deemed necessary.It is the responsibility of our client to make appropriate repairs to these roof cuts,using materials consistent with the roofing system and in accordance with any existing material manufacturer's warranties.A roofing contractor or maintenance personnel selected by our client should be on the roof to make any necessary repairs at the time the samples are being obtained.Although,every attempt will be made to make these repaired areas water tight,ARS Environmental will in no way be responsible for any water damage to the roofing system,building,or it's contents resulting from ARS Environmental temporary repairs. Disclaimer If in the course of a renovation or demolition activity,suspect materials become exposed,ALL FURTHER ACTIVITY SHOULD IMMEDIATELY CEASE AND THE STATUS OF THE MATERIAL SHOULD BE DETERMINED BEFORE PROCEEDING. 151 North Nob Hill Road, #462, Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironmental.com • sales@arsenvironentl.co Ar A RS E)v o R o)vm E)v TAI. Environmental Consulting Services Asbestos Business License #ZA-0000164 I INC. Asbestos Consulting • Radon Measurements • Lead Assessments • Indoor Air Quality Testing • Mold Investigations Today's Date: 10/7/2021 Project Number: 20212555 Page 28 of 45 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Asbestos Survey — Technician Chain of Custody Forms, Field Notes, and Photographs ASBESTOS WOR H (CHASM OF UST Suspect re[$011461114 Page ...im ' arr ao Doan rill � J � . , , sore Take"ABY me + t ►nu ,ber . ... . " r A- ... ..� .... .............. rrer Aid �A da+ :Ambearoas B N Sams �Not B i 0 Y IDS G A F�rt+�r�rl P4011 P , Y �t �r r .M.Mabl terms r x ffi rR 4r q r �AC duct fi ift WWWw �ry d 72 HourrMe Tra fer ed a gR`km Oabal"a f; r Ire IL,a+ r cWla �� �i+� �"a �r V# r NV r � t4 n n—Vie tiM $ r} ir -tA 4P CrIQ Q 11 1+ ' y �tZ 151 North Nob Hill Road, #462, Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironmental.com • sales@arsenvironentl.co AY A RS E)v o R o)vm E)v TAI. Environmental Consulting Services Asbestos Business License #ZA-0000164 I INC. Asbestos Consulting • Radon Measurements • Lead Assessments • Indoor Air Quality Testing • Mold Investigations Today's Date: 10/7/2021 Project Number: 20212555 Page 29 of 45 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Asbestos Survey — Technician Chain of Custody Forms, Field Notes, and Photographs ASSESTOSWORK MAt rrtn Job 5ft; 5. 0-ftwp(a4 Pop led AM 4V Swples Taken By, Ariel H miiltGn � "no, II — pF - ptNt . .., & _ - A- Whulows Asbeatm Sulk PAVS If e m EnidINC. Y duct MeObserved Xw b .aa � e Tr nk ped By: Bete Received By_ aw si Lay , Heti; � , err, I-N JM011 ACOX LwAw Isw ktl's V!*VtTA\ -611Y WA5* - lK B 91 4 1,9 5 ® _ 4 a W COAT,. -- — , 21 VALk t4 151 North Nob Hill Road, #462, Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironmental.com • sales@arsenvironentl.co AY A RS E)v o R o)vm E)v TAI. Environmental Consulting Services Asbestos Business License #ZA-0000164 I INC. Asbestos Consulting • Radon Measurements • Lead Assessments • Indoor Air Quality Testing • Mold Investigations Today's Date: 10/7/2021 Project Number: 20212555 Page 30 of 45 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Asbestos Survey — Technician Chain of Custody Forms, Field Notes, and Photographs ASBESTOS WORKSHEET(CHAIN OF CUSTODY) $impact Mft to Obsenowl Page �T of Sampling 081, . .., t Job slicSamples Taken U., Fl Ariel Hamilton s �amdm� u��� rrt � .. , I A �•r ga mPla -MyARSEY al,Inc. Es 4 RAO.48 swror duct fiberglass InsWe ligearoed 732 How, r• � �rtr� � �a � m��s Transferred gtg neceived sari ale Lay r rW id - n av Sample Desc� fl rl -a . L) -- 1k l'k -tA GM ASS '800a POMW"4$ _.m. UJ , 57;L ft wol- _ ----T�l��. ---11- 5 151 North Nob Hill Road, #462, Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironmental.com • sales@arsenvironentl.co Ay A RS E)v o R o)vm E)v TAI. Environmental Consulting Services Asbestos Business License #ZA-0000164 I INC. Asbestos Consulting • Radon Measurements • Lead Assessments • Indoor Air Quality Testing • Mold Investigations Today's Date: 10/7/2021 Project Number: 20212555 Page 31 of 45 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Asbestos Survey — Technician Chain of Custody Forms, Field Notes, and Photographs ASBESTOS WORKSMIXT(CHAIN OF CUSTODY) SLIMMI Materials 0 twerved Page _4 : I job site a ..:� Sevaptes Taken My,, le Atil Pr '1-1 Noaly& ,A bi lk fSels"Ound ,�ryI A Evora utall 0�4��fl4 FlSS�" I"FlMA� ��� �.N f9ai4 F YL 5'mak ' I{ �F �I�"Yt�ta 40 How kess � nN,.T 7`2 Roo 0 uI o wr ka Transferred Ry Ia RIv _ Date c,r ' ar plo »� x. 'aaRsr r' air No A�xxa s1ellnlaLMW 1AL r' V G t-]J M W �..: . 151 North Nob Hill Road, #462, Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironmental.com • sales@arsenvironentl.co Ay A RS E)v o R o)vm E)v TAI. Environmental Consulting Services Asbestos Business License #ZA-0000164 I INC. Asbestos Consulting is Radon Measurements is Lead Assessments is Indoor Air Quality Testing is Mold Investigations Today's Date: 10/7/2021 Project Number: 20212555 Page 32 of 45 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Asbestos Survey — Technician Chain of Custody Forms, Field Notes, and Photographs ASBESTOS WORKSMEET JCMMN CW CUSTODY) suspect Materials observed page, of Sampling Dole: . . . � �.� � � 1 �". i a � ,,3 l iMIS plot Ow � M Homitton . . .. . . r .. pfoleat Windows ilk it) nDole o At A�ttom Balls mptt tom# ' es It �� ARS Lai at ntelM4M ,1w. Y r4S Hour Jb be loss a.IN.ra mrs p a res A do � t a Hour ,ra n 0 h we 72 Tran rr y Date Fl ea - •" an l La Hill's a x MSM re aA i, ACX .41 J Rkrm9 Mari +.. +ur . t 1 WO 514- 1A Gi L IA GV,4014 - _ w , 0 -Js L 151 North Nob Hill Road, #462, Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironmental.com • sales@arsenvironentl.co Ay A RS E)v o R o)vm E)v TAI. Environmental Consulting Services Asbestos Business License #ZA-0000164 I INC. Asbestos Consulting • Radon Measurements • Lead Assessments • Indoor Air Quality Testing • Mold Investigations Today's Date: 10/7/2021 Project Number: 20212555 Page 33 of 45 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Asbestos Survey — Technician Chain of Custody Forms, Field Notes, and Photographs N SOMPM90awi � v Samples TMw BY, Ariel Ha itton TM: srssSmro ° Mwil +� gin. .._.. .. . dN$EaWiv on(A 100, YES NO I Mtl 1 6018 t4 ftet+t2 Hour m i p M S 11,72 Hour M AVO M I u Not {beh w kl N - _- rransferred Flecewed Byw, 14trr Laverrrl f� orf ' Saar Ar krr1"W Mr- AMi A 63 9VV 4 N 557 �J t ` G 541 S Worn - - - - - - 151 North Nob Hill Road, #462, Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironmental.com • sales@arsenvironentl.co Ay A RS E)v o R o)vm E)v TAI. Environmental Consulting Services Asbestos Business License #ZA-0000164 I INC. Asbestos Consulting • Radon Measurements • Lead Assessments • Indoor Air Quality Testing • Mold Investigations Today's Date: 10/7/2021 Project Number: 20212555 Page 34 of 45 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Asbestos Survey — Technician Chain of Custody Forms, Field Notes, and Photographs ASBESTOS NW RKSH T(CHAIN of CUSTODY) Stwowt Ustedals Ofterveo P0,90 of sampthoj _ .. --Vol Job SIW3rz . .. it Swpks Taken Sy: Arial Hamilton E .. . .,. Prolwt Rafter. Aro rwwtrw� P At ly*W Asbestos Bulk Samples kMx r•N = W m d° ame My r l Lwin a K st 11 IAS In• rwaftw v D s 1 r It Transferral y. Dale t , i By. �. Ire Layer Mal6rea Class Sarni otrti fon nr rix w . **J1 VOW 11/04W 514 A lo .F . z.. .- 151 North Nob Hill Road, #462, Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironmental.com • sales@arsenvironentl.co A RS E)v o R o)vm E)v TAI. Environmental Consulting Services Asbestos Business License #ZA-0000164 I INC. Asbestos Consulting • Radon Measurements • Lead Assessments • Indoor Air Quality Testing • Mold Investigations Today's Date: 10/7/2021 Project Number: 20212555 Page 35 of 45 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Asbestos Survey — Technician Chain of Custody Forms, Field Notes, and Photographs A WORKSHY l i r pro g Observed POP CX quo 1 . . -� 1NI �� Analysis: wdilk P I : rly ..... - .. Dai a w ,11 Yid NO 1 '4N6 �ti' r lis nr s i AC'dwt1i NrSu �r� ��rt. s & 1 myr 72 Hour � � "� w tu4er oiarxrei h t�R Is Transferred _ date —� - R eiff ice, utrN Lr IiN014" {a W rva r iwr AnM Mint . naw# "L Inw-11 IV 0 I - ' 5w, AM- 511 Sly GP l Pa IN Ilk PQU\ LN 1�oj 151 North Nob Hill Road, #462, Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironmental.com • sales@arsenvironentl.co Ay A RS E)v o R o)vm E)v TAI. Environmental Consulting Services Asbestos Business License #ZA-0000164 I INC. Asbestos Consulting • Radon Measurements • Lead Assessments • Indoor Air Quality Testing • Mold Investigations Today's Date: 10/7/2021 Project Number: 20212555 Page 36 of 45 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Asbestos Survey — Technician Chain of Custody Forms, Field Notes, and Photographs ASBESTOS WORKSHEETU NUM CUSTODY) l Page �3 ill S—Pli �.,, B : Ml Mmllton e _a PVOJ-t C) ffiiinour : s • uK Same " Y u ANS � tom.U ,� ,v O A,w UUP- s.i� � rJnr .« 11 1146"Intlon obw to Tr nsierr dny` F U . rl flv , k Ie Layer MP164oll,Class ���i � i 4'S- Mfia��.i.u�rk� .a,i vuxr r r�.� war �ku���.... Ar 9 Tor 7 w 151 North Nob Hill Road, #462, Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironmental.com • sales@arsenvironentl.co Today's Date: 10/7/2021 Project Number: 20212555 Page 37 of 45 Asbestos Survey — Laboratory Results Environmental Consulting Services ARS Environmental Asbestos Business License #ZA-0000164 Asbestos Consulting ® Radon Measurements ® Lead Assessments ® Indoor Air Quality Testing ® Mold Investigations Today's Date:10/7/2021 Project Number:20212555 Page 1 of 9 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Laboratory Analysis Sample Layer Estimated Asbestos Non-asbestos Non-fibrous Number Number Gross Description Percentage %Fibers %Materials 1 Plaster No asbestos detected 100% 2 Plaster No asbestos detected 100% 3 Plaster No asbestos detected 100% 4 Plaster No asbestos detected 717,--7 5 Plaster No asbestos detected 100% 6 Drywall/Joint Compound No asbestos detected 30%cellulose 60% 10%glass 7 Drywall/Joint Compound No asbestos detected 30%cellulose 60% 10%glass 8 Drywall/Joint Compound No asbestos detected 30%cellulose 60% 10%glass 9 Drywall/Joint Compound No asbestos detected 30%cellulose 60% 10%glass 10 Drywall/Joint Compound No asbestos detected 30%cellulose 60% 10%glass EPA 600/11-93 116 Method for the Determination of Asbestos in Bulk Building Materials APPLICABILITY:this method is useful for the qualitative identification of asbestos and the semi- quantitative determination of asbestos content of bulk samples.The method measures percent asbestos as perceived by the analyst. AlexFront,Analyst 151 North Nob Hill Road, #462, Plantation, FL 33324 o Phone 954-227-2402 ® Fax 866-816-5110 www.arsenvironmental.com o sales@arsenvironmental.com Today's Date: 10/7/2021 Project Number: 20212555 Page 38 of 45 Asbestos Survey — Laboratory Results Environmental Consulting Services ARS Environmental Asbestos Business License #ZA-0000164 Asbestos Consulting ® Radon Measurements ® Lead Assessments ® Indoor Air Quality Testing ® Mold Investigations Today's Date:10/7/2021 Project Number:20212555 Page 2 of 9 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Laboratory Analysis Sample Layer Estimated Asbestos Non-asbestos Non-fibrous Number Number Gross Description Percentage %Fibers %Materials 11 Mastic 10%chrysotile 10%cellulose 80% 12 Mastic 10%chrysotile 10%cellulose 80% 13 Mastic 10%chrysotile 10%cellulose 80% 14 Concrete No asbestos detected 80% 15 Concrete No asbestos detected 80% 16 Concrete No asbestos detected 80% 17 Concrete No asbestos detected 80% 18 Plaster No asbestos detected 80% 19 Plaster No asbestos detected 80% 20 Plaster No asbestos detected 80% EPA 600/11-93 116 Method for the Determination of Asbestos in Bulk Building Materials APPLICABILITY:this method is useful for the qualitative identification of asbestos and the semi- quantitative determination of asbestos content of bulk samples.The method measures percent asbestos as perceived by the analyst. exTront,Analyst 151 North Nob Hill Road, #462, Plantation, FL 33324 o Phone 954-227-2402 ® Fax 866-816-5110 www.arsenvironmental.com o sales@arsenvironmental.com Today's Date: 10/7/2021 Project Number: 20212555 Page 39 of 45 Asbestos Survey — Laboratory Results Environmental Consulting Services ARS Environmental Asbestos Business License #ZA-0000164 Asbestos Consulting ® Radon Measurements ® Lead Assessments ® Indoor Air Quality Testing ® Mold Investigations Today's Date:10/7/2021 Project Number:20212555 Page 3 of 9 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Laboratory Analysis Sample Layer Estimated Asbestos Non-asbestos Non-fibrous Number Number Gross Description Percentage %Fibers %Materials 21 Plaster No asbestos detected 100% 22 Plaster No asbestos detected 100% 23 Plaster No asbestos detected 100% 24 Drywall/Joint Compound No asbestos detected 30%cellulose 60% 10%glass 25 Drywall/Joint Compound No asbestos detected 30%cellulose 60% 10%glass 26 Drywall/Joint Compound No asbestos detected 30%cellulose 60%—7 10%glass 27 Drywall/Joint Compound No asbestos detected 30%cellulose 60% 10%glass 28 Baseboard No asbestos detected 100% ------------------------- ------------------------------ -------------------- ---------- Mastic No asbestos detected 10%cellulose 90% 29 Concrete No asbestos detected 100% 30 Concrete No asbestos detected 100% EPA 600/11-93 116 Method for the Determination of Asbestos in Bulk Building Materials APPLICABILITY:this method is useful for the qualitative identification of asbestos and the semi- quantitative determination of asbestos content of bulk samples.The method measures percent asbestos as perceived by the analyst. AlexFront,Analyst 151 North Nob Hill Road, #462, Plantation, FL 33324 o Phone 954-227-2402 ® Fax 866-816-5110 www.arsenvironmental.com o sales@arsenvironmental.com Today's Date: 10/7/2021 Project Number: 20212555 Page 40 of 45 Asbestos Survey — Laboratory Results Environmental Consulting Services ARS Environmental Asbestos Business License #ZA-0000164 Asbestos Consulting ® Radon Measurements ® Lead Assessments ® Indoor Air Quality Testing ® Mold Investigations Today's Date:10/7/2021 Project Number:20212555 Page 4 of 9 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FE Boynton Beach,Florida 33435 Laboratory Analysis Sample Layer Estimated Asbestos Non-asbestos Non-fibrous Number Number Gross Description Percentage %Fibers %Materials 31 Concrete No asbestos detected 100% 32 Concrete No asbestos detected 100% 33 Concrete No asbestos detected 100% 34 Concrete No asbestos detected 717,___1 35 Plaster No asbestos detected 100% 36 Plaster No asbestos detected 100% 37 Plaster No asbestos detected 100% 38 Membrane No asbestos detected 45%glass 35% 20%celMose 39 Membrane No asbestos detected 45%glass 35% 20%celMose 40 Flashing No asbestos detected 40%cellulose 45% 15%synthetic EPA 600/11-93 116 Method for the Determination of Asbestos in Bulk Building Materials APPLICABILITY:this method is useful for the qualitative identification of asbestos and the semi- quantitative determination of asbestos content of bulk samples.The method measures percent asbestos as perceived by the analyst. AlexFront,Analyst 151 North Nob Hill Road, #462, Plantation, FL 33324 o Phone 954-227-2402 ® Fax 866-816-5110 www.arsenvironmental.com o sales@arsenvironmental.com Today's Date: 10/7/2021 Project Number: 20212555 Page 41 of 45 Asbestos Survey — Laboratory Results Environmental Consulting Services ARS Environmental Asbestos Business License #ZA-0000164 Asbestos Consulting ® Radon Measurements ® Lead Assessments ® Indoor Air Quality Testing ® Mold Investigations Today's Date:10/7/2021 Project Number:20212555 Page 5 of 9 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Laboratory Analysis Sample Layer Estimated Asbestos Non-asbestos Non-fibrous Number Number Gross Description Percentage %Fibers %Materials 41 Popcorn No asbestos detected 100% 42 Popcorn No asbestos detected 100% 43 Popcorn No asbestos detected 100% 44 Plaster No asbestos detected 100% 45 Plaster No asbestos detected 100% 46 Plaster No asbestos detected 100% 47 Drywall/Joint Compound No asbestos detected 30%cellulose 60% 10%glass 48 Drywall/Joint Compound No asbestos detected 30%cellulose 60% 10%glass 49 Drywall/Joint Compound No asbestos detected 30%cellulose 60% 10%glass 50 Drywall/Joint Compound No asbestos detected 30%cellulose 60% 10%glass EPA 600/11-93 116 Method for the Determination of Asbestos in Bulk Building Materials APPLICABILITY:this method is useful for the qualitative identification of asbestos and the semi- quantitative determination of asbestos content of bulk samples.The method measures percent asbestos as perceived by the analyst. AlexFront,Analyst 151 North Nob Hill Road, #462, Plantation, FL 33324 o Phone 954-227-2402 ® Fax 866-816-5110 www.arsenvironmental.com o sales@arsenvironmental.com Today's Date: 10/7/2021 Project Number: 20212555 Page 42 of 45 Asbestos Survey — Laboratory Results Environmental Consulting Services ARS Environmental Asbestos Business License #ZA-0000164 Asbestos Consulting ® Radon Measurements ® Lead Assessments ® Indoor Air Quality Testing ® Mold Investigations Today's Date:10/7/2021 Project Number:20212555 Page 6 of 9 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Laboratory Analysis Sample Layer Estimated Asbestos Non-asbestos Non-fibrous Number Number Gross Description Percentage %Fibers %Materials 51 Concrete No asbestos detected 100% 52 Concrete No asbestos detected 100% 53 Concrete No asbestos detected 100% 54 Ceiling Tile No asbestos detected 45%cellulose 717,__ 20%glass 55 Ceiling Tile No asbestos detected 45%cellulose 35% 20%glass 56 Ceiling Tile No asbestos detected 45%cellulose 35% 20%glass 57 Plaster No asbestos detected 100% 58 Plaster No asbestos detected 100% 59 Plaster No asbestos detected 100% 60 Plaster No asbestos detected 100% EPA 600/11-93 116 Method for the Determination of Asbestos in Bulk Building Materials APPLICABILITY:this method is useful for the qualitative identification of asbestos and the semi- quantitative determination of asbestos content of bulk samples.The method measures percent asbestos as perceived by the analyst. AlexFront,Analyst 151 North Nob Hill Road, #462, Plantation, FL 33324 o Phone 954-227-2402 ® Fax 866-816-5110 www.arsenvironmental.com o sales@arsenvironmental.com Today's Date: 10/7/2021 Project Number: 20212555 Page 43 of 45 Asbestos Survey — Laboratory Results Environmental Consulting Services ARS Environmental Asbestos Business License #ZA-0000164 Asbestos Consulting ® Radon Measurements ® Lead Assessments ® Indoor Air Quality Testing ® Mold Investigations Today's Date:10/7/2021 Project Number:20212555 Page 7 of 9 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Laboratory Analysis Sample Layer Estimated Asbestos Non-asbestos Non-fibrous Number Number Gross Description Percentage %Fibers %Materials 61 Drywall/Joint Compound No asbestos detected 30%cellulose 60% 10%glass 62 Drywall/Joint Compound No asbestos detected 30%cellulose 60% 10%glass 63 Drywall/Joint Compound No asbestos detected 30%cellulose 60% 10%glass 64 Drywall/Joint Compound No asbestos detected 30%cellulose 60% 10%glass 65 Mastic No asbestos detected 25%synthetic 65% 10%cellulose 66 Mastic No asbestos detected 25%synthetic 65% 10%cellulose 67 Mastic No asbestos detected 25%synthetic 65% 10%cellulose 68 Vinyl No asbestos detected 10017, ------------------------- ------------------------------ ------------------- ---------- Mastic No asbestos detected 10%cellulose 90% 69 Vinyl No asbestos detected 100% ------------------------- ------------------------------ ------------------- ---------- Mastic No asbestos detected 10%cellulose 90% 70 Vinyl No asbestos detected100 , ------------------------- ------------------------------ ------------------- ---------- Mastic No asbestos detected 10%cell ose 90% EPA 600/11-93 116 Method for the Determination of Asbestos in Bulk Building Materials APPLICABILITY:this method is useful for the qualitative identification of asbestos and the semi- quantitative determination of asbestos content of bulk samples.The method measures percent asbestos as perceived by the analyst. AlexFront,Analyst 151 North Nob Hill Road, #462, Plantation, FL 33324 o Phone 954-227-2402 ® Fax 866-816-5110 www.arsenvironmental.com o sales@arsenvironmental.com Today's Date: 10/7/2021 Project Number: 20212555 Page 44 of 45 Asbestos Survey — Laboratory Results Environmental Consulting Services ARS Environmental Asbestos Business License #ZA-0000164 Asbestos Consulting ® Radon Measurements ® Lead Assessments ® Indoor Air Quality Testing ® Mold Investigations Today's Date:10/7/2021 Project Number:20212555 Page 8 of 9 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Laboratory Analysis Sample Layer Estimated Asbestos Non-asbestos Non-fibrous Number Number Gross Description Percentage %Fibers %Materials 71 A Floor Tile 5%ehiysotile 95% 71 $ Mastic 10%chrysotile 10%cellulose 80% 72 A Floor Tile 5%ehiysotile 95% 72 $ Mastic 10%chrysotile 10%cellulose 80% 73 A Floor Tile 5%ehiysotile 95% 73 $ Mastic 10%chrysotile 10%cellulose 80% 74 Mastic 10%chrysotile 10%cellulose 80% 75 Concrete No asbestos detected 100% 76 Concrete No asbestos detected 100% 77 Concrete No asbestos detected 100% EPA 600/11-93 116 Method for the Determination of Asbestos in Bulk Building Materials APPLICABILITY:this method is useful for the qualitative identification of asbestos and the semi- quantitative determination of asbestos content of bulk samples.The method measures percent asbestos as perceived by the analyst. exTront,Analyst 151 North Nob Hill Road, #462, Plantation, FL 33324 o Phone 954-227-2402 ® Fax 866-816-5110 www.arsenvironmental.com o sales@arsenvironmental.com Today's Date: 10/7/2021 Project Number: 20212555 Page 45 of 45 Asbestos Survey — Laboratory Results Environmental Consulting Services ARS Environmental Asbestos Business License #ZA-0000164 Asbestos Consulting ® Radon Measurements ® Lead Assessments ® Indoor Air Quality Testing ® Mold Investigations Today's Date:10/7/2021 Project Number:20212555 Page 9 of 9 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FE Boynton Beach,Florida 33435 Laboratory Analysis Sample Layer Estimated Asbestos Non-asbestos Non-fibrous Number Number Gross Description Percentage %Fibers %Materials 78 Concrete No asbestos detected 100% 79 Concrete No asbestos detected 100% 80 Concrete No asbestos detected 100% 81 Concrete No asbestos detected 717,___1 82 Concrete No asbestos detected 100% 83 Concrete No asbestos detected 100% 84 Membrane No asbestos detected 45%gl35% 20%celMassose 85 Membrane No asbestos detected 40%celMose 35% 15%synthetic 10%glass 86 Flashing No asbestos detected 40%celMose 35% 15%synthetic 10%glass EPA 600/11-93 116 Method for the Determination of Asbestos in Bulk Building Materials APPLICABILITY:this method is useful for the qualitative identification of asbestos and the semi- quantitative determination of asbestos content of bulk samples.The method measures percent asbestos as perceived by the analyst. AlexFront,Analyst 151 North Nob Hill Road, #462, Plantation, FL 33324 o Phone 954-227-2402 ® Fax 866-816-5110 www.arsenvironmental.com o sales@arsenvironmental.com ironmentat ARS EmORONMENTAL, INC. Asbestos Business License#rng Services ZA-0000164 Asbestos Consulting • Radon Measurements • Lead Assessments •'Indoor Air Quality Testing •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 1 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Project Summary Pursuant to your request;ARS Environmental,Inc.,has performed a Lead Risk Assessment utilizing X-ray fluorescence(XRF) testing on 10/6/2021 and limited to the above referenced location.The device used to perform the survey: Niton XLp. The purpose of our inspection was to determine the presence and location of lead based paint on painted surfaces throughout the building. Inspection procedures and sample collections were conducted in accordance with the US Environmental Protection Agency(EPA) guidelines and in accordance with Chapter 7 of the Housing and Urban Development(HUD)Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing, 1997 Revision. The results,findings,conclusions,and recommendations expressed in this report are based only on conditions which were observed during inspections.ARS Environmental,Inc.makes no representation or assumptions as to past conditions or future occurrences.It is not within the scope of this survey to remove surface materials to investigate portions of the structure or materials which lay beneath the surface. Our selection of sample locations and frequency is based upon our observations and the assumption that like materials in the same area are homogeneous. When implementing the response actions,parties responsible for final selection should remember that actions shall be sufficient to protect human health and the environment,but may also be the least burdensome method.Nothing in these recommendations should be construed as prohibiting or discouraging removal. Housing and Urban Development (HUD) Regulated: No This is not a HUD regulated structure. Laboratory Results Based o -ray fluorescence ( ') results, lead was detected in the areas sampled. The amount detecte was above the regulatory limit. It has been a pleasure working with you.Please call on us ag R s, A Front, RS Environmental,Inc. 151 North Nob Hitt Road, #462, Plantation, FL 33324 • Phone 954-227-2102 • Fax 866-816-5110 WWW.arsenoironmentat.co • sales arsenvironmentatcom ARS Environmental Consutt®ng Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air Ouatity Testing •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Additional Information The INTACT materials in which lead was detected pose no health hazard unless disturbed during remodeling or demolition. 151 North Nob Hill Road, #462, Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironmental.com • sales@arsenvironentl.co ARS EivoRommEW TA L. Environmentat Consulting Serd®ces INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air Ouality Testing •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 3 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 US EPA Lead Based Paint Activities Certification o r b * z. =�" AAS• nl " aiiw1, Inc. [Lnw0l]FV 40 to ,, t® 11,111 i�r s, taxi n 6 I EPA AdrhikMffradUia6baRfld PAWliyihft FeNeafth slales,'Tf ' sand T ordinfce PAD rch 1-1. 02 Ll lap,16M-4 _ ➢ fid mmchem,V' ,CI"rte . wa I mw On 151 North Nob Hill Road, #462, Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironmental.com • sales@arsenvironentl.co ARS EmoRommENTALYEnvironmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consultinq •Radon Measurements •Lead Assessments •Indoor Air Quality Testinq •Mold Investiqations Today's Date: 10/11/2021 Project Number:20212555 Page 4 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 US EPA Lead Based Paint Risk Assessor Certification Uniteb A to -ho 11 11is, IN to rertifB HIM Jeffrey p Montalven has fulfilled the requirements of the Toxic Substances control Act(TSCA)Section 402,acrd has received certification to conduct lead-based,paint activities pursuant to 40 CFR hart 745.226 as: Risk Assessor All EPA Administered Lead-based Paint Activities Program States,Tribes and Territories This certification is valid from the date of issuance and expires Noyernber 1 S,2024 LBP-F-115781-2 Certification# Adrienne Priselac,Manager,Toxics Office August 817 2021 Land Division Issued On 151 North Nob Hill Road, #462, Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironmental.com • sales@arsenvironentl.co ARS EXOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air Ouality Testing •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 5 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Technician Certification { flb! X2'104 I SPHRA RE 2WN 72T€fA, 1.rWWNk,Fl.fid. .Il ' Processed By: This is to Certify that " �r-rr:-s` -11Ar Fel G`, i a; { S�e To Authentic i `a I�3IIIII�I�IIIIII�I�IIIII��IIIIIIIII ., www.seagulltrainingco } tip X X X—X X—7 3 2 5 �rr80q 99839, 10$0 ne 1$2 street,North Miami Beach,,FI 33162 has successfully completed an Englis 2 L�—'alr `ri �v 20-Aug-21 TO 20-Aug-21', T1Y5 CC f'i'{-dt S d 0Ct y zqVa ed byU.ni.. Md PA iaA autrioretl Uczi 1115—may bi—d 1npble r,CPA f§-, fi.W,,. y y� � IPM13 Ct &�51 � ��1�� 1 nnrngAddi.4 i \5Vi1€aA ,Isznlamds.I�€c,rt.31#1t _ ___ s �� af 1( me s F.Stump 7Ynmmg Many r �f � } i, This Certificate Expires: Certificate Number: �� l r �ryry� E{E{ E 1 8 7 1 0 5 EXP.DATE: 19•Aug•24 0 e t f z 4 Course Number: 512134 t. {° The actual expiration date will appear on individual's license. See individual state rules for state expiration date. r t 1 �d a tY s'xfd. ,u'.>�t ,,7 �' ,y. `. t �9n�g •�.� a >< ..� �t" s,.�-r�,�(6c' ,P`�' Jeffrey Montalvan Lead Risk Assessor 151 North Nob Hill Road, #462, Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironmental.com • sales@arsenvironentl.co ARS EXOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air Ouality Testing •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 6 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Technician Niton XRF Certification Radiation Safety and Operation of Portable XRF Analyzers -= This is to certify that Jeffrey Montalvan has successfully completed the one-day Thermo Fisher Scientific Portable XRF Analyzer Manufacturer's Training Course.The topics of this course include radiation safety,monitoring,device operation,and machine maintenance of the Thermo Scientific Portable XRF Analyzer. Course date:2018-05-10 Location:Fort Lauderdale.FL Certificate Number:RS0036000001jXsaD ; v Sophie Ung EHlS Administrator /— Erin Poitras,RSO d Jeffrey Montalvan NITON XRF Training 151 North Nob Hill Road, #462, Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironmental.com • sales@arsenvironentl.co A'a RS EXOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air®uality Testinq •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 7 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 XRF Analysis Sample Number,Description,And Color Location Sample Details And Analysis 1 Shutter Calibration Sample Condition: Lead(cm2): Calibration Contains Lead: Negative 2 Paint Orange Calibrate Sample Condition: Intact Plastic Side; ,Floor;First Lead(cm2): Calibration Outside Contains Lead: Negative 511 E Ocean Avenue 3 Paint Orange Calibrate Sample Condition: Intact Plastic Side; ,Floor;First Lead(cm2): Calibration Outside Contains Lead: Negative 511 E Ocean Avenue 4 Paint Orange Calibrate Sample Condition: Intact Plastic Side; ,Floor;First Lead(cm2): Calibration Outside Contains Lead: Negative 511 E Ocean Avenue 5 Paint Red Door Sample Condition: Intact Wood Side; ,Floor;First Lead(cm2): Below Detection Limit Front Door Contains Lead: Negative 529 E Ocean Avenue Hurricane Alley 6 Paint Varnish Door Frame Sample Condition: Intact Wood Side;A,Floor;First Lead(cm2): Below Detection Limit Front Door Contains Lead: Negative 529 E Ocean Avenue Hurricane Alley 7 Paint Varnish Window Sample Condition: Intact Wood Side;A,Floor;First Lead(cm2): Below Detection Limit Front Door Contains Lead: Negative 529 E Ocean Avenue Hurricane Alley www.arsenvironmental.com • sales@arsenvironmental.com A'a RS EXOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air®uality Testinq •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 8 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 XRF Analysis Sample Number,Description,And Color Location Sample Details And Analysis 8 Paint Red Trim Sample Condition: Intact Concrete Side;A,Floor;First Lead(cm2): Below Detection Limit Dining Room Contains Lead: Negative 529 E Ocean Avenue Hurricane Alley 9 Paint Red Wall Sample Condition: Intact Concrete Side;A,Floor;First Lead(cm2): Below Detection Limit Dining Room Contains Lead: Negative 529 E Ocean Avenue Hurricane Alley 10 Paint Beige Wall Sample Condition: Intact Concrete Side;B,Floor;First Lead(cm2): Below Detection Limit Dining Room Contains Lead: Negative 529 E Ocean Avenue Hurricane Alley 11 Paint Beige Wall Sample Condition: Intact Drywall Side;B,Floor;First Lead(cm2): Below Detection Limit Dining Room Contains Lead: Negative 529 E Ocean Avenue Hurricane Alley 12 Paint Peach Wall Sample Condition: Intact Drywall Side;D,Floor;First Lead(cm2): Below Detection Limit Dining Room Contains Lead: Negative 529 E Ocean Avenue Hurricane Alley 13 Paint Green Wall Sample Condition: Intact Drywall Side;D,Floor;First Lead(cm2): Below Detection Limit Dining Room Contains Lead: Negative 529 E Ocean Avenue Hurricane Alley 14 Paint Peach Wall Sample Condition: Intact Concrete Side;D,Floor;First Lead(cm2): Below Detection Limit Dining Room Contains Lead: Negative 529 E Ocean Avenue Hurricane Alley www.arsenvironmental.com • sales@arsenvironmental.com A'a RS EXOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air®uality Testinq •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 9 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 XRF Analysis Sample Number,Description,And Color Location Sample Details And Analysis 15 Paint Red Baseboard Sample Condition: Intact Wood Side;D,Floor;First Lead(cm2): Below Detection Limit Dining Room Contains Lead: Negative 529 E Ocean Avenue Hurricane Alley 16 Paint Red Door Frame Sample Condition: Intact Wood Side;D,Floor;First Lead(cm2): Below Detection Limit Bathroom Contains Lead: Negative 529 E Ocean Avenue Hurricane Alley 17 Paint Beige Wall Sample Condition: Intact Drywall Side;D,Floor;First Lead(cm2): Below Detection Limit Bathroom Contains Lead: Negative 529 E Ocean Avenue Hurricane Alley 18 Paint Grey Baseboard Sample Condition: Intact Rubber Side;D,Floor;First Lead(cm): Below Detection Limit Bathroom Contains Lead: Negative 529 E Ocean Avenue Hurricane Alley 19 Paint White Wall Sample Condition: Intact Drywall Side;A,Floor;First Lead(cm2): Below Detection Limit Storage Room Contains Lead: Negative 529 E Ocean Avenue Hurricane Alley 20 Paint White Door Frame Sample Condition: Intact Wood Side;A,Floor;First Lead(cm2): Below Detection Limit Storage Room Contains Lead: Negative 529 E Ocean Avenue Hurricane Alley 21 Paint White Wall Sample Condition: Intact Drywall Side;B,Floor;First Lead(cm2): Below Detection Limit Storage Room Contains Lead: Negative 529 E Ocean Avenue Hurricane Alley www.arsenvironmental.com • sales@arsenvironmental.com A'a RS EXOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air®uality Testinq •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 10 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 XRF Analysis Sample Number,Description,And Color Location Sample Details And Analysis 22 Paint White Wall Sample Condition: Intact Plaster Side;C,Floor;First Lead(cm2): Below Detection Limit Storage Room Contains Lead: Negative 529 E Ocean Avenue Hurricane Alley 23 Paint White Wall Sample Condition: Intact Concrete Side;D,Floor;First Lead(cm2): Below Detection Limit Storage Room Contains Lead: Negative 529 E Ocean Avenue Hurricane Alley 24 Paint Red Door Sample Condition: Intact Wood Side;C,Floor;First Lead(cm2): 3.30 Storage Room Contains Lead: Positive Above 529 E Ocean Avenue Hurricane Alley 25 Paint Red Door Sample Condition: Intact Wood Side;C,Floor;First Lead(cm2): 4.00 Storage Room Contains Lead: Positive;Above 529 E Ocean Avenue Hurricane Alley 26 Paint Red Door Sample Condition: Intact Wood Side;C,Floor;First Lead(cm2): 4.30 Storage Room Contains Lead: Positive;Above 529 E Ocean Avenue Hurricane Alley 27 Paint Black Door Frame Sample Condition: Intact Wood Side;C,Floor;First Lead(cm2): Below Detection Limit Storage Room Contains Lead: Negative 529 E Ocean Avenue Hurricane Alley 28 Paint Grey Wall Sample Condition: Intact Concrete Side;B,Floor;First Lead(cm2): Below Detection Limit Kitchen Contains Lead: Negative 529 E Ocean Avenue Hurricane Alley www.arsenvironmental.com • sales@arsenvironmental.com A'a RS EXOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air®uality Testinq •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 11 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 XRF Analysis Sample Number,Description,And Color Location Sample Details And Analysis 29 Paint Grey Wall Sample Condition: Intact Concrete Side;C,Floor;First Lead(cm2): Below Detection Limit Kitchen Contains Lead: Negative 529 E Ocean Avenue Hurricane Alley 30 Paint Grey Wall Sample Condition: Intact Concrete Side;D,Floor;First Lead(cm2): Below Detection Limit Kitchen Contains Lead: Negative 529 E Ocean Avenue Hurricane Alley 31 Paint Black Door Sample Condition: Intact Metal Side;B,Floor;First Lead(cm2): Below Detection Limit Kitchen Contains Lead: Negative 529 E Ocean Avenue Hurricane Alley 32 Paint Black Door Frame Sample Condition: Intact Wood Side;B,Floor;First Lead(cm2): Below Detection Limit Kitchen Contains Lead: Negative 529 E Ocean Avenue Hurricane Alley 33 Paint Grey Wall Sample Condition: Intact Drywall Side;A,Floor;First Lead(cm2): Below Detection Limit Lobby Contains Lead: Negative 511 E Ocean Avenue Insurance 34 Paint Grey Wall Sample Condition: Intact Wood Side;B,Floor;First Lead(cm2): Below Detection Limit Lobby Contains Lead: Negative 511 E Ocean Avenue Insurance 35 Paint Grey Wall Sample Condition: Intact Wood Side;C,Floor;First Lead(cm2): Below Detection Limit Lobby Contains Lead: Negative 511 E Ocean Avenue Insurance www.arsenvironmental.com • sales@arsenvironmental.com A'a RS EXOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air®uality Testinq •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 12 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 XRF Analysis Sample Number,Description,And Color Location Sample Details And Analysis 36 Paint Grey Wall Sample Condition: Intact Concrete Side;D,Floor;First Lead(cm2): Below Detection Limit Lobby Contains Lead: Negative 511 E Ocean Avenue Insurance 37 Paint White Baseboard Sample Condition: Intact Wood Side;D,Floor;First Lead(cm2): Below Detection Limit Lobby Contains Lead: Negative 511 E Ocean Avenue Insurance 38 Paint White Baseboard Sample Condition: Intact Wood Side;A,Floor;First Lead(cm2): Below Detection Limit Lobby Contains Lead: Negative 511 E Ocean Avenue Insurance 39 Paint White Baseboard Sample Condition: Intact Wood Side;B,Floor;First Lead(cm2): Below Detection Limit Lobby Contains Lead: Negative 511 E Ocean Avenue Insurance 40 Paint White Door Sample Condition: Intact Wood Side;B,Floor;First Lead(cm2): Below Detection Limit Office Contains Lead: Negative 511 E Ocean Avenue Insurance 41 Paint White Door Frame Sample Condition: Intact Wood Side;B,Floor;First Lead(cm2): Below Detection Limit Office Contains Lead: Negative 511 E Ocean Avenue Insurance 42 Paint White Baseboard Sample Condition: Intact Wood Side;A,Floor;First Lead(cm2): Below Detection Limit Office Contains Lead: Negative 511 E Ocean Avenue Insurance www.arsenvironmental.com • sales@arsenvironmental.com A'a RS EXOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air®uality Testinq •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 13 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 XRF Analysis Sample Number,Description,And Color Location Sample Details And Analysis 43 Paint Grey Wall Sample Condition: Intact Wood Side;A,Floor;First Lead(cm2): Below Detection Limit Office Contains Lead: Negative 511 E Ocean Avenue Insurance 44 Paint Grey Wall Sample Condition: Intact Wood Side;B,Floor;First Lead(cm2): Below Detection Limit Office Contains Lead: Negative 511 E Ocean Avenue Insurance 45 Paint Grey Wall Sample Condition: Intact Wood Side;C,Floor;First Lead(cm2): Below Detection Limit Office Contains Lead: Negative 511 E Ocean Avenue Insurance 46 Paint Grey Wall Sample Condition: Intact Wood Side;D,Floor;First Lead(cm2): Below Detection Limit Office Contains Lead: Negative 511 E Ocean Avenue Insurance 47 Paint Grey Window Sill Sample Condition: Intact Wood Side;B,Floor;First Lead(cm2): Below Detection Limit Office Contains Lead: Negative 511 E Ocean Avenue Insurance 48 Paint White Door Sample Condition: Intact Wood Side;A,Floor;First Lead(cm2): Below Detection Limit Kitchen Contains Lead: Negative 511 E Ocean Avenue Insurance 49 Paint White Door Frame Sample Condition: Intact Wood Side;A,Floor;First Lead(cm2): Below Detection Limit Kitchen Contains Lead: Negative 511 E Ocean Avenue Insurance www.arsenvironmental.com • sales@arsenvironmental.com A'a RS EXOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air®uality Testinq •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 14 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 XRF Analysis Sample Number,Description,And Color Location Sample Details And Analysis 50 Paint White Baseboard Sample Condition: Intact Wood Side;A,Floor;First Lead(cm2): Below Detection Limit Kitchen Contains Lead: Negative 511 E Ocean Avenue Insurance 51 Paint Beige Wall Sample Condition: Intact Wood Side;A,Floor;First Lead(cm2): Below Detection Limit Kitchen Contains Lead: Negative 511 E Ocean Avenue Insurance 52 Paint Beige Wall Sample Condition: Intact Concrete Side;B,Floor;First Lead(cm2): Below Detection Limit Kitchen Contains Lead: Negative 511 E Ocean Avenue Insurance 53 Paint Beige Wall Sample Condition: Intact Concrete Side;C,Floor;First Lead(cm): Below Detection Limit Kitchen Contains Lead: Negative 511 E Ocean Avenue Insurance 54 Paint Beige Wall Sample Condition: Intact Wood Side;D,Floor;First Lead(cm2): Below Detection Limit Kitchen Contains Lead: Negative 511 E Ocean Avenue Insurance 55 Paint Grey Wall Sample Condition: Intact Drywall Side;A,Floor;First Lead(cm2): Below Detection Limit Office-2 Contains Lead: Negative 511 E Ocean Avenue Insurance 56 Paint Grey Wall Sample Condition: Intact Drywall Side;B,Floor;First Lead(cm2): Below Detection Limit Office-2 Contains Lead: Negative 511 E Ocean Avenue Insurance www.arsenvironmental.com • sales@arsenvironmental.com A'a RS EXOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air®uality Testinq •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 15 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 XRF Analysis Sample Number,Description,And Color Location Sample Details And Analysis 57 Paint Grey Wall Sample Condition: Intact Drywall Side;C,Floor;First Lead(cm2): Below Detection Limit Office-2 Contains Lead: Negative 511 E Ocean Avenue Insurance 58 Paint Grey Wall Sample Condition: Intact Drywall Side;D,Floor;First Lead(cm2): Below Detection Limit Office-2 Contains Lead: Negative 511 E Ocean Avenue Insurance 59 Paint White Baseboard Sample Condition: Intact Wood Side;D,Floor;First Lead(cm2): Below Detection Limit Office-2 Contains Lead: Negative 511 E Ocean Avenue Insurance 60 Paint White Door Sample Condition: Intact Wood Side;C,Floor;First Lead(cm2): Below Detection Limit Conference Room Contains Lead: Negative 511 E Ocean Avenue Insurance 61 Paint White Door Frame Sample Condition: Intact Wood Side;C,Floor;First Lead(cm2): Below Detection Limit Conference Room Contains Lead: Negative 511 E Ocean Avenue Insurance 62 Paint White Baseboard Sample Condition: Intact Wood Side;A,Floor;First Lead(cm2): Below Detection Limit Conference Room Contains Lead: Negative 511 E Ocean Avenue Insurance 63 Paint Beige Wall Sample Condition: Intact Drywall Side;A,Floor;First Lead(cm2): Below Detection Limit Conference Room Contains Lead: Negative 511 E Ocean Avenue Insurance www.arsenvironmental.com • sales@arsenvironmental.com A'a RS EXOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air®uality Testinq •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 16 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 XRF Analysis Sample Number,Description,And Color Location Sample Details And Analysis 64 Paint Beige Wall Sample Condition: Intact Drywall Side;B,Floor;First Lead(cm2): Below Detection Limit Conference Room Contains Lead: Negative 511 E Ocean Avenue Insurance 65 Paint Beige Wall Sample Condition: Intact Drywall Side;C,Floor;First Lead(cm2): Below Detection Limit Conference Room Contains Lead: Negative 511 E Ocean Avenue Insurance 66 Paint Beige Wall Sample Condition: Intact Drywall Side;D,Floor;First Lead(cm2): Below Detection Limit Conference Room Contains Lead: Negative 511 E Ocean Avenue Insurance 67 Paint Beige Column Sample Condition: Intact Metal Side;B,Floor;First Lead(cm2): Below Detection Limit Conference Room Contains Lead: Negative 511 E Ocean Avenue Insurance 68 Paint Grey Column Sample Condition: Intact Metal Side;B,Floor;First Lead(cm2): Below Detection Limit Office Contains Lead: Negative 511 E Ocean Avenue Insurance 69 Paint Grey Column Sample Condition: Intact Metal Side;B,Floor;First Lead(cm2): Below Detection Limit Office Contains Lead: Negative 511 E Ocean Avenue Insurance 70 Paint White Door Sample Condition: Intact Wood Side;D,Floor;Second Lead(cm2): Below Detection Limit Entry Contains Lead: Negative 511 E Ocean Avenue Apt-1 www.arsenvironmental.com • sales@arsenvironmental.com A'a RS EXOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air®uality Testinq •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 17 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 XRF Analysis Sample Number,Description,And Color Location Sample Details And Analysis 71 Paint White Door Frame Sample Condition: Intact Wood Side;D,Floor;Second Lead(cm2): Below Detection Limit Entry Contains Lead: Negative 511 E Ocean Avenue Apt-1 72 Paint Yellow Wall Sample Condition: Intact Plaster Side;A,Floor;Second Lead(cm2): Below Detection Limit Living Room Contains Lead: Negative 511 E Ocean Avenue Apt-1 73 Paint Yellow Wall Sample Condition: Intact Plaster Side;B,Floor;Second Lead(cm2): Below Detection Limit Living Room Contains Lead: Negative 511 E Ocean Avenue Apt-1 74 Paint Yellow Wall Sample Condition: Intact Plaster Side;C,Floor;Second Lead(cm): Below Detection Limit Living Room Contains Lead: Negative 511 E Ocean Avenue Apt-1 75 Paint Yellow Wall Sample Condition: Intact Plaster Side;D,Floor;Second Lead(cm): Below Detection Limit Living Room Contains Lead: Negative 511 E Ocean Avenue Apt-1 76 Paint White Baseboard Sample Condition: Intact Wood Side;D,Floor;Second Lead(cm2): Below Detection Limit Living Room Contains Lead: Negative 511 E Ocean Avenue Apt-1 77 Paint White Door Sample Condition: Intact Wood Side;D,Floor;Second Lead(cm2): Below Detection Limit Bedroom Contains Lead: Negative 511 E Ocean Avenue Apt-1 www.arsenvironmental.com • sales@arsenvironmental.com A'a RS EXOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air®uality Testinq •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 18 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 XRF Analysis Sample Number,Description,And Color Location Sample Details And Analysis 78 Paint White Door Frame Sample Condition: Intact Wood Side;D,Floor;Second Lead(cm2): 1,10 Bedroom Contains Lead: Positive;Above 511 E Ocean Avenue Apt-1 79 Paint White Door Frame Sample Condition: Intact.. Wood Side;D,Floor;Second Lead(cm2): 1.20 Bedroom Contains Lead: Positive;Above 511 E Ocean Avenue Apt-1 80 Paint White Baseboard Sample Condition: Intact Wood Side;A,Floor;Second Lead(cm2): Below Detection Limit Bedroom Contains Lead: Negative 511 E Ocean Avenue Apt-1 81 Paint Green Wall Sample Condition: Intact Plaster Side;A,Floor;Second Lead(cm): Below Detection Limit Bedroom Contains Lead: Negative 511 E Ocean Avenue Apt-1 82 Paint Green Wall Sample Condition: Intact Plaster Side;B,Floor;Second Lead(cm): Below Detection Limit Bedroom Contains Lead: Negative 511 E Ocean Avenue Apt-1 83 Paint Green Wall Sample Condition: Intact Plaster Side;C,Floor;Second Lead(cm2): Below Detection Limit Bedroom Contains Lead: Negative 511 E Ocean Avenue Apt-1 84 Paint Green Wall Sample Condition: Intact Plaster Side;D,Floor;Second Lead(cm2): Below Detection Limit Bedroom Contains Lead: Negative 511 E Ocean Avenue Apt-1 www.arsenvironmental.com • sales@arsenvironmental.com A'a RS EXOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air®uality Testinq •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 19 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 XRF Analysis Sample Number,Description,And Color Location Sample Details And Analysis 85 Paint White Closet Door Sample Condition: Intact Wood Side;C,Floor;Second Lead(cm2): Below Detection Limit Bedroom Contains Lead: Negative 511 E Ocean Avenue Apt-1 86 Paint White Closet Door Frame Sample Condition: Intact Wood Side;C,Floor;Second Lead(cm2): 1.50 Bedroom Contains Lead: Positive;Above 511 E Ocean Avenue Apt-1 87 Paint White Door Sample Condition: Intact Wood Side;D,Floor;Second Lead(cm2): 1.30 Bathroom Contains Lead: Positive;Above 511 E Ocean Avenue Apt-1 88 Paint White Door Frame Sample Condition: Intact Wood Side;D,Floor;Second Lead(cm2): Below Detection Limit Bathroom Contains Lead: Negative 511 E Ocean Avenue Apt-1 89 Paint White Wall Sample Condition: Intact Plaster Side;D,Floor;Second Lead(cm): Below Detection Limit Bathroom Contains Lead: Negative 511 E Ocean Avenue Apt-1 90 Paint White Door Sample Condition: Intact Wood Side;B,Floor;Second Lead(cm2): Below Detection Limit Linen Closet Contains Lead: Negative 511 E Ocean Avenue Apt-1 91 Paint White Door Frame Sample Condition: Intact Wood Side;B,Floor;Second Lead(cm2): 1.90 Linen Closet Contains Lead: Positive;Above 511 E Ocean Avenue Apt-1 www.arsenvironmental.com • sales@arsenvironmental.com A'a RS EXOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air®uality Testinq •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 20 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 XRF Analysis Sample Number,Description,And Color Location Sample Details And Analysis 92 Paint Beige Wall Sample Condition: Intact Plaster Side;B,Floor;Second Lead(cm2): Below Detection Limit Linen Closet Contains Lead: Negative 511 E Ocean Avenue Apt-1 93 Paint Beige Baseboard Sample Condition: Intact Wood Side;B,Floor;Second Lead(cm2): Below Detection Limit Linen Closet Contains Lead: Negative 511 E Ocean Avenue Apt-1 94 Paint White Door Sample Condition: Intact Wood Side;D,Floor;Second Lead(cm2): Below Detection Limit Entry Contains Lead: Negative 511 E Ocean Avenue Apt-2 95 Paint White Door Frame Sample Condition: Intact Wood Side;D,Floor;Second Lead(cm2): Below Detection Limit Entry Contains Lead: Negative 511 E Ocean Avenue Apt-2 96 Paint Beige Wall Sample Condition: Intact Plaster Side;A,Floor;Second Lead(cm): Below Detection Limit Living Room Contains Lead: Negative 511 E Ocean Avenue Apt-2 97 Paint Beige Wall Sample Condition: Intact Plaster Side;B,Floor;Second Lead(cm2): Below Detection Limit Living Room Contains Lead: Negative 511 E Ocean Avenue Apt-2 98 Paint Beige Wall Sample Condition: Intact Plaster Side;C,Floor;Second Lead(cm2): Below Detection Limit Living Room Contains Lead: Negative 511 E Ocean Avenue Apt-2 www.arsenvironmental.com • sales@arsenvironmental.com A'a RS EXOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air®uality Testinq •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 21 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 XRF Analysis Sample Number,Description,And Color Location Sample Details And Analysis 99 Paint Beige Wall Sample Condition: Intact Plaster Side;D,Floor;Second Lead(cm2): Below Detection Limit Living Room Contains Lead: Negative 511 E Ocean Avenue Apt-2 100 Paint White Baseboard Sample Condition: Intact Wood Side;D,Floor;Second Lead(cm2): Below Detection Limit Living Room Contains Lead: Negative 511 E Ocean Avenue Apt-2 101 Paint White Door Sample Condition: Intact Wood Side;B,Floor;Second Lead(cm2): 2.50 Linen Closet Contains Lead: Positive;Above 511 E Ocean Avenue Apt-2 102 Paint White Door Frame Sample Condition: Intact Wood Side;B,Floor;Second Lead(cm2): 1.20 Linen Closet Contains Lead: Positive;Above 511 E Ocean Avenue Apt-2 103 Paint White Door Sample Condition: Intact Wood Side;D,Floor;Second Lead(cm2): Below Detection Limit Bedroom Contains Lead: Negative 511 E Ocean Avenue Apt-2 104 Paint White Door Frame Sample Condition: Intact Wood Side;D,Floor;Second Lead(cm2): Below Detection Limit Bedroom Contains Lead: Negative 511 E Ocean Avenue Apt-2 105 Paint White Baseboard Sample Condition: Intact Wood Side;A,Floor;Second Lead(cm2): Below Detection Limit Bedroom Contains Lead: Negative 511 E Ocean Avenue Apt-2 www.arsenvironmental.com • sales@arsenvironmental.com A'a RS EXOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air®uality Testinq •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 22 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 XRF Analysis Sample Number,Description,And Color Location Sample Details And Analysis 106 Paint Beige Wall Sample Condition: Intact Plaster Side;A,Floor;Second Lead(cm2): Below Detection Limit Bedroom Contains Lead: Negative 511 E Ocean Avenue Apt-2 107 Paint Beige Wall Sample Condition: Intact Plaster Side;B,Floor;Second Lead(cm2): Below Detection Limit Bedroom Contains Lead: Negative 511 E Ocean Avenue Apt-2 108 Paint Beige Wall Sample Condition: Intact Plaster Side;C,Floor;Second Lead(cm2): Below Detection Limit Bedroom Contains Lead: Negative 511 E Ocean Avenue Apt-2 109 Paint Beige Wall Sample Condition: Intact Plaster Side;D,Floor;Second Lead(cm): Below Detection Limit Bedroom Contains Lead: Negative 511 E Ocean Avenue Apt-2 110 Paint White Door Sample Condition: Intact Wood Side;D,Floor;Second Lead(cm2): Below Detection Limit Bathroom Contains Lead: Negative 511 E Ocean Avenue Apt-2 111 Paint White Door Frame Sample Condition: Intact Wood Side;D,Floor;Second Lead(cm2): Below Detection Limit Bathroom Contains Lead: Negative 511 E Ocean Avenue Apt-2 112 Paint Beige Wall Sample Condition: Intact Plaster Side;D,Floor;Second Lead(cm2): Below Detection Limit Bathroom Contains Lead: Negative 511 E Ocean Avenue Apt-2 www.arsenvironmental.com • sales@arsenvironmental.com A'a RS EXOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air®uality Testinq •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 23 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 XRF Analysis Sample Number,Description,And Color Location Sample Details And Analysis 113 Paint White Door Sample Condition: Intact Wood Side;B,Floor;Second Lead(cm2): Below Detection Limit Entry Contains Lead: Negative 511 E Ocean Avenue Apt-3 114 Paint White Door Frame Sample Condition: Intact Wood Side;B,Floor;Second Lead(cm2): Below Detection Limit Entry Contains Lead: Negative 511 E Ocean Avenue Apt-3 115 Paint Beige Wall Sample Condition: Intact Plaster Side;A,Floor;Second Lead(cm2): Below Detection Limit Living Room Contains Lead: Negative 511 E Ocean Avenue Apt-3 116 Paint Beige Wall Sample Condition: Intact Plaster Side;B,Floor;Second Lead(cm): Below Detection Limit Living Room Contains Lead: Negative 511 E Ocean Avenue Apt-3 117 Paint Beige Wall Sample Condition: Intact Plaster Side;C,Floor;Second Lead(cm): Below Detection Limit Living Room Contains Lead: Negative 511 E Ocean Avenue Apt-3 118 Paint Beige Wall Sample Condition: Intact Plaster Side;D,Floor;Second Lead(cm2): Below Detection Limit Living Room Contains Lead: Negative 511 E Ocean Avenue Apt-3 119 Paint White Baseboard Sample Condition: Intact Wood Side;D,Floor;Second Lead(cm2): Below Detection Limit Living Room Contains Lead: Negative 511 E Ocean Avenue Apt-3 www.arsenvironmental.com • sales@arsenvironmental.com A'a RS EXOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air®uality Testinq •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 24 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 XRF Analysis Sample Number,Description,And Color Location Sample Details And Analysis 120 Paint White Door Sample Condition: Intact Wood Side;D,Floor;Second Lead(cm2): Below Detection Limit Linen Closet Contains Lead: Negative 511 E Ocean Avenue Apt-3 121 Paint White Door Frame Sample Condition: Intact Wood Side;D,Floor;Second Lead(cm2): Below Detection Limit Linen Closet Contains Lead: Negative 511 E Ocean Avenue Apt-3 122 Paint White Door Frame Sample Condition: Intact Wood Side;B,Floor;Second Lead(cm2): 1.00 Bedroom Contains Lead: Positive Above 511 E Ocean Avenue Apt-3 123 Paint White Door Sample Condition: Intact Wood Side;B,Floor;Second Lead(cm2): 1.00 Bedroom Contains Lead: Positive;Above 511 E Ocean Avenue Apt-3 124 Paint White Baseboard Sample Condition: Intact Wood Side;A,Floor;Second Lead(cm2): Below Detection Limit Bedroom Contains Lead: Negative 511 E Ocean Avenue Apt-3 125 Paint Beige Wall Sample Condition: Intact Plaster Side;A,Floor;Second Lead(cm2): Below Detection Limit Bedroom Contains Lead: Negative 511 E Ocean Avenue Apt-3 126 Paint Beige Wall Sample Condition: Intact Plaster Side;B,Floor;Second Lead(cm2): Below Detection Limit Bedroom Contains Lead: Negative 511 E Ocean Avenue Apt-3 www.arsenvironmental.com • sales@arsenvironmental.com A'a RS EXOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air®uality Testinq •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 25 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 XRF Analysis Sample Number,Description,And Color Location Sample Details And Analysis 127 Paint Beige Wall Sample Condition: Intact Plaster Side;C,Floor;Second Lead(cm2): Below Detection Limit Bedroom Contains Lead: Negative 511 E Ocean Avenue Apt-3 128 Paint Beige Wall Sample Condition: Intact Plaster Side;D,Floor;Second Lead(cm2): Below Detection Limit Bedroom Contains Lead: Negative 511 E Ocean Avenue Apt-3 129 Paint White Closet Door Sample Condition: Intact Wood Side;C,Floor;Second Lead(cm2): 1.90 Bedroom Contains Lead: Positive;Above 511 E Ocean Avenue Apt-3 130 Paint White Closet Door Frame Sample Condition: Intact Wood Side;C,Floor;Second Lead(cm2): 1.30 Bedroom Contains Lead: Positive;Above 511 E Ocean Avenue Apt-3 131 Paint White Door Sample Condition: Intact Wood Side;B,Floor;Second Lead(cm2): 1.50 Bathroom Contains Lead: Positive;Above 511 E Ocean Avenue Apt-3 132 Paint White Door Frame Sample Condition: Intact Wood Side;B,Floor;Second Lead(cm2): Below Detection Limit Bathroom Contains Lead: Negative 511 E Ocean Avenue Apt-3 133 Paint Beige Wall Sample Condition: Intact Plaster Side;B,Floor;Second Lead(cm2): Below Detection Limit Bathroom Contains Lead: Negative 511 E Ocean Avenue Apt-3 www.arsenvironmental.com • sales@arsenvironmental.com A'a RS EXOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air®uality Testinq •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 26 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 XRF Analysis Sample Number,Description,And Color Location Sample Details And Analysis 134 Paint White Window Sill Sample Condition: Intact Wood Side;B,Floor;Second Lead(cm2): Below Detection Limit Bathroom Contains Lead: Negative 511 E Ocean Avenue Apt-3 135 Paint White Door Sample Condition: Intact Wood Side;B,Floor;Second Lead(cm2): Below Detection Limit Entry Contains Lead: Negative 511 E Ocean Avenue Apt-4 136 Paint White Door Frame Sample Condition: Intact Wood Side;B,Floor;Second Lead(cm2): Below Detection Limit Entry Contains Lead: Negative 511 E Ocean Avenue Apt-4 137 Paint White Baseboard Sample Condition: Intact Wood Side;A,Floor;Second Lead(cm2): Below Detection Limit Entry Contains Lead: Negative 511 E Ocean Avenue Apt-4 138 Paint White Baseboard Sample Condition: Intact Wood Side;A,Floor;Second Lead(cm2): Below Detection Limit Living Room Contains Lead: Negative 511 E Ocean Avenue Apt-4 139 Paint Beige Trim Sample Condition: Intact Plaster Side;A,Floor;Second Lead(cm2): Below Detection Limit Living Room Contains Lead: Negative 511 E Ocean Avenue Apt-4 140 Paint Beige Trim Sample Condition: Intact Plaster Side;B,Floor;Second Lead(cm2): Below Detection Limit Living Room Contains Lead: Negative 511 E Ocean Avenue Apt-4 www.arsenvironmental.com • sales@arsenvironmental.com A'a RS EXOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air®uality Testinq •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 27 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 XRF Analysis Sample Number,Description,And Color Location Sample Details And Analysis 141 Paint Beige Trim Sample Condition: Intact Plaster Side;C,Floor;Second Lead(cm2): Below Detection Limit Living Room Contains Lead: Negative 511 E Ocean Avenue Apt-4 142 Paint Beige Trim Sample Condition: Intact Plaster Side;D,Floor;Second Lead(cm2): Below Detection Limit Living Room Contains Lead: Negative 511 E Ocean Avenue Apt-4 143 Paint White Door Sample Condition: Intact Wood Side;D,Floor;Second Lead(cm2): 1.30 Linen Closet Contains Lead: Positive Above 511 E Ocean Avenue Apt-4 144 Paint White Door Frame Sample Condition: Intact Wood Side;D,Floor;Second Lead(cm2): Below Detection Limit Linen Closet Contains Lead: Negative 511 E Ocean Avenue Apt-4 145 Paint White Door Frame Sample Condition: Intact Wood Side;B,Floor;Second Lead(cm2): 1.10 Bedroom Contains Lead: Positive;Above 511 E Ocean Avenue Apt-4 146 Paint White Door Sample Condition: Intact Wood Side;B,Floor;Second Lead(cm2): Below Detection Limit Bedroom Contains Lead: Negative 511 E Ocean Avenue Apt-4 147 Paint White Baseboard Sample Condition: Intact Wood Side;A,Floor;Second Lead(cm2): Below Detection Limit Bedroom Contains Lead: Negative 511 E Ocean Avenue Apt-4 www.arsenvironmental.com • sales@arsenvironmental.com A'a RS EXOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air®uality Testinq •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 28 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 XRF Analysis Sample Number,Description,And Color Location Sample Details And Analysis 148 Paint Beige Wall Sample Condition: Intact Plaster Side;A,Floor;Second Lead(cm2): Below Detection Limit Bedroom Contains Lead: Negative 511 E Ocean Avenue Apt-4 149 Paint Beige Wall Sample Condition: Intact Plaster Side;B,Floor;Second Lead(cm2): Below Detection Limit Bedroom Contains Lead: Negative 511 E Ocean Avenue Apt-4 150 Paint Beige Wall Sample Condition: Intact Plaster Side;C,Floor;Second Lead(cm2): Below Detection Limit Bedroom Contains Lead: Negative 511 E Ocean Avenue Apt-4 151 Paint Beige Wall Sample Condition: Intact Plaster Side;D,Floor;Second Lead(cm): Below Detection Limit Bedroom Contains Lead: Negative 511 E Ocean Avenue Apt-4 152 Paint White Closet Door Sample Condition: Intact Wood Side;A,Floor;Second Lead(cm2): Below Detection Limit Bedroom Contains Lead: Negative 511 E Ocean Avenue Apt-4 153 Paint White Closet Door Frame Sample Condition: Intact Wood Side;A,Floor;Second Lead(cm2): 1.30 Bedroom Contains Lead: Positive;Above 511 E Ocean Avenue Apt-4 154 Paint White Door Sample Condition: Intact Wood Side;B,Floor;Second Lead(cm2): Below Detection Limit Bathroom Contains Lead: Negative 511 E Ocean Avenue Apt-4 www.arsenvironmental.com • sales@arsenvironmental.com A'a RS EXOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air®uality Testinq •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 29 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 XRF Analysis Sample Number,Description,And Color Location Sample Details And Analysis 155 Paint White Door Frame Sample Condition: Intact Wood Side;B,Floor;Second Lead(cm2): Below Detection Limit Bathroom Contains Lead: Negative 511 E Ocean Avenue Apt-4 156 Paint Beige Wall Sample Condition: Intact Plaster Side;B,Floor;Second Lead(cm2): Below Detection Limit Bathroom Contains Lead: Negative 511 E Ocean Avenue Apt-4 157 Paint White Baseboard Sample Condition: Intact Wood Side;B,Floor;Second Lead(cm2): Below Detection Limit Hallway Contains Lead: Negative 511 E Ocean Avenue Apt- 158 Paint White Baseboard Sample Condition: Intact Wood Side;B,Floor;Second Lead(cm2): Below Detection Limit Hallway Contains Lead: Negative 511 E Ocean Avenue Apt- 159 Paint Yellow Wall Sample Condition: Intact Plaster Side;B,Floor;Second Lead(cm): Below Detection Limit Hallway Contains Lead: Negative 511 E Ocean Avenue Apt- 160 Paint Yellow Wall Sample Condition: Intact Plaster Side;B,Floor;Second Lead(cm2): Below Detection Limit Hallway Contains Lead: Negative 511 E Ocean Avenue Apt- 161 Paint Yellow Wall Sample Condition: Intact Plaster Side;D,Floor;Second Lead(cm2): Below Detection Limit Hallway Contains Lead: Negative 511 E Ocean Avenue Apt- www.arsenvironmental.com • sales@arsenvironmental.com A'a RS EXOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air®uality Testinq •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 30 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 XRF Analysis Sample Number,Description,And Color Location Sample Details And Analysis 162 Paint White Railing Sample Condition: Intact Wood Side;D,Floor;Second Lead(cm2): Below Detection Limit Stair Contains Lead: Negative 511 E Ocean Avenue Apt- 163 Paint White Door Sample Condition: Intact Metal Side;A,Floor;Second Lead(cm2): Below Detection Limit Entry Contains Lead: Negative 511 E Ocean Avenue Apt-5 164 Paint White Door Frame Sample Condition: Intact Wood Side;A,Floor;Second Lead(cm2): Below Detection Limit Entry Contains Lead: Negative 511 E Ocean Avenue Apt-5 165 Paint White Baseboard Sample Condition: Intact Wood Side;A,Floor;Second Lead(cm2): Below Detection Limit Living Room Contains Lead: Negative 511 E Ocean Avenue Apt-5 166 Paint White Window Sill Sample Condition: Intact Wood Side;A,Floor;Second Lead(cm2): Below Detection Limit Living Room Contains Lead: Negative 511 E Ocean Avenue Apt-5 167 Paint Beige Wall Sample Condition: Intact Plaster Side;A,Floor;Second Lead(cm2): Below Detection Limit Living Room Contains Lead: Negative 511 E Ocean Avenue Apt-5 168 Paint Beige Wall Sample Condition: Intact Plaster Side;B,Floor;Second Lead(cm2): Below Detection Limit Living Room Contains Lead: Negative 511 E Ocean Avenue Apt-5 www.arsenvironmental.com • sales@arsenvironmental.com A'a RS EXOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air®uality Testinq •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 31 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 XRF Analysis Sample Number,Description,And Color Location Sample Details And Analysis 169 Paint Beige Wall Sample Condition: Intact Plaster Side;C,Floor;Second Lead(cm2): Below Detection Limit Living Room Contains Lead: Negative 511 E Ocean Avenue Apt-5 170 Paint Beige Wall Sample Condition: Intact Plaster Side;D,Floor;Second Lead(cm2): Below Detection Limit Living Room Contains Lead: Negative 511 E Ocean Avenue Apt-5 171 Paint White Door Sample Condition: Intact Wood Side;A,Floor;Second Lead(cm2): Below Detection Limit Bedroom Contains Lead: Negative 511 E Ocean Avenue Apt-5 172 Paint White Door Frame Sample Condition: Intact Wood Side;A,Floor;Second Lead(cm2): Below Detection Limit Bedroom Contains Lead: Negative 511 E Ocean Avenue Apt-5 173 Paint White Window Sill Sample Condition: Intact Wood Side;A,Floor;Second Lead(cm2): Below Detection Limit Bedroom Contains Lead: Negative 511 E Ocean Avenue Apt-5 174 Paint Beige Wall Sample Condition: Intact Plaster Side;A,Floor;Second Lead(cm2): Below Detection Limit Bedroom Contains Lead: Negative 511 E Ocean Avenue Apt-5 175 Paint Beige Wall Sample Condition: Intact Plaster Side;B,Floor;Second Lead(cm2): Below Detection Limit Bedroom Contains Lead: Negative 511 E Ocean Avenue Apt-5 www.arsenvironmental.com • sales@arsenvironmental.com A'a RS EXOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air®uality Testinq •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 32 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 XRF Analysis Sample Number,Description,And Color Location Sample Details And Analysis 176 Paint Beige Wall Sample Condition: Intact Plaster Side;C,Floor;Second Lead(cm2): Below Detection Limit Bedroom Contains Lead: Negative 511 E Ocean Avenue Apt-5 177 Paint Beige Wall Sample Condition: Intact Plaster Side;D,Floor;Second Lead(cm2): Below Detection Limit Bedroom Contains Lead: Negative 511 E Ocean Avenue Apt-5 178 Paint White Closet Door Sample Condition: Intact Wood Side;C,Floor;Second Lead(cm2): Below Detection Limit Bedroom Contains Lead: Negative 511 E Ocean Avenue Apt-5 179 Paint White Closet Door Frame Sample Condition: Intact Wood Side;C,Floor;Second Lead(cm2): Below Detection Limit Bedroom Contains Lead: Negative 511 E Ocean Avenue Apt-5 180 Paint White Door Sample Condition: Intact Wood Side;C,Floor;Second Lead(cm2): Below Detection Limit Bathroom Contains Lead: Negative 511 E Ocean Avenue Apt-5 181 Paint White Door Frame Sample Condition: Intact Wood Side;C,Floor;Second Lead(cm2): Below Detection Limit Bathroom Contains Lead: Negative 511 E Ocean Avenue Apt-5 182 Paint Beige Wall Sample Condition: Intact Drywall Side;B,Floor;Second Lead(cm2): Below Detection Limit Bathroom Contains Lead: Negative 511 E Ocean Avenue Apt-5 www.arsenvironmental.com • sales@arsenvironmental.com A'a RS EXOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air®uality Testinq •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 33 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 XRF Analysis Sample Number,Description,And Color Location Sample Details And Analysis 183 Paint Beige Wall Sample Condition: Intact Concrete Side;C,Floor;First Lead(cm2): Below Detection Limit Outside Contains Lead: Negative 511 E Ocean Avenue Apt- 184 Paint Beige Wall Sample Condition: Intact Concrete Side;D,Floor;First Lead(cm2): Below Detection Limit Outside Contains Lead: Negative 511 E Ocean Avenue Apt- 185 Paint Beige Wall Sample Condition: Intact Concrete Side;A,Floor;First Lead(cm2): Below Detection Limit Outside Contains Lead: Negative 511 E Ocean Avenue Apt- 186 Paint Beige Wall Sample Condition: Intact Concrete Side;B,Floor;First Lead(cm): Below Detection Limit Outside Contains Lead: Negative 511 E Ocean Avenue Apt- 187 Paint White Gate Sample Condition: Intact Metal Side;B,Floor;First Lead(cm2): Below Detection Limit Entry Contains Lead: Negative 511 E Ocean Avenue Via Marquez 188 Paint White Gate Sample Condition: Intact Metal Side;B,Floor;First Lead(cm2): Below Detection Limit Entry Contains Lead: Negative 515 E Ocean Avenue Via Marquez 189 Paint Blue Wall Sample Condition: Intact Concrete Side;B,Floor;First Lead(cm2): Below Detection Limit Hallway Contains Lead: Negative 515 E Ocean Avenue Via Marquez www.arsenvironmental.com • sales@arsenvironmental.com A'a RS EXOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air®uality Testinq •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 34 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 XRF Analysis Sample Number,Description,And Color Location Sample Details And Analysis 190 Paint Blue Wall Sample Condition: Intact Concrete Side;B,Floor;First Lead(cm2): Below Detection Limit Hallway Contains Lead: Negative 515 E Ocean Avenue Via Marquez 191 Paint Blue Wall Sample Condition: Intact Concrete Side;B,Floor;First Lead(cm2): Below Detection Limit Hallway Contains Lead: Negative 515 E Ocean Avenue Via Marquez 192 Paint Blue Wall Sample Condition: Intact Concrete Side;D,Floor;First Lead(cm2): Below Detection Limit Hallway Contains Lead: Negative 515 E Ocean Avenue Via Marquez 193 Paint Blue Wall Sample Condition: Intact Concrete Side;D,Floor;First Lead(cm): Below Detection Limit Hallway Contains Lead: Negative 515 E Ocean Avenue Via Marquez 194 Paint Blue Wall Sample Condition: Intact Concrete Side;D,Floor;First Lead(cm): Below Detection Limit Hallway Contains Lead: Negative 515 E Ocean Avenue Via Marquez 195 Paint Beige Wall Sample Condition: Intact Plaster Side;B,Floor;First Lead(cm2): Below Detection Limit Retail Space West Contains Lead: Negative 515 E Ocean Avenue Via Marquez 196 Paint Beige Wall Sample Condition: Intact Plaster Side;B,Floor;First Lead(cm2): Below Detection Limit Retail Space West Contains Lead: Negative 515 E Ocean Avenue Via Marquez www.arsenvironmental.com • sales@arsenvironmental.com A'a RS EXOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air®uality Testinq •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 35 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 XRF Analysis Sample Number,Description,And Color Location Sample Details And Analysis 197 Paint Beige Wall Sample Condition: Intact Plaster Side;B,Floor;First Lead(cm2): Below Detection Limit Retail Space West Contains Lead: Negative 515 E Ocean Avenue Via Marquez 198 Paint Beige Wall Sample Condition: Intact Plaster Side;B,Floor;First Lead(cm2): Below Detection Limit Retail Space West Contains Lead: Negative 515 E Ocean Avenue Via Marquez 199 Paint Beige Wall Sample Condition: Intact Plaster Side;C,Floor;First Lead(cm2): Below Detection Limit Retail Space West Contains Lead: Negative 515 E Ocean Avenue Via Marquez 200 Paint Beige Baseboard Sample Condition: Intact Wood Side;C,Floor;First Lead(cm2): Below Detection Limit Retail Space West Contains Lead: Negative 515 E Ocean Avenue Via Marquez 201 Paint Beige Baseboard Sample Condition: Intact Wood Side;D,Floor;First Lead(cm2): Below Detection Limit Retail Space West Contains Lead: Negative 515 E Ocean Avenue Via Marquez 202 Paint Beige Door Sample Condition: Intact Wood Side;A,Floor;First Lead(cm2): Below Detection Limit Retail Space West Contains Lead: Negative 515 E Ocean Avenue Via Marquez 203 Paint Beige Door Frame Sample Condition: Intact Wood Side;A,Floor;First Lead(cm2): Below Detection Limit Retail Space West Contains Lead: Negative 515 E Ocean Avenue Via Marquez www.arsenvironmental.com • sales@arsenvironmental.com A'a RS EXOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air®uality Testinq •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 36 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 XRF Analysis Sample Number,Description,And Color Location Sample Details And Analysis 204 Paint Beige Wall Sample Condition: Intact Drywall Side;A,Floor;First Lead(cm2): Below Detection Limit Retail Space West Contains Lead: Negative 515 E Ocean Avenue Via Marquez 205 Paint Beige Wall Sample Condition: Intact Drywall Side;A,Floor;First Lead(cm2): Below Detection Limit Retail Space West Contains Lead: Negative 515 E Ocean Avenue Via Marquez 206 Paint Beige Wall Sample Condition: Intact Drywall Side;A,Floor;First Lead(cm2): Below Detection Limit Retail Space West Contains Lead: Negative 515 E Ocean Avenue Via Marquez 207 Paint Beige Door Sample Condition: Intact Wood Side;B,Floor;First Lead(cm2): Below Detection Limit Bathroom Contains Lead: Negative 515 E Ocean Avenue Via Marquez 208 Paint Beige Door Frame Sample Condition: Intact Wood Side;B,Floor;First Lead(cm2): Below Detection Limit Bathroom Contains Lead: Negative 515 E Ocean Avenue Via Marquez 209 Paint Beige Wall Sample Condition: Intact Drywall Side;B,Floor;First Lead(cm2): Below Detection Limit Bathroom Contains Lead: Negative 515 E Ocean Avenue Via Marquez 210 Paint Beige Wall Sample Condition: Intact Plaster Side;D,Floor;First Lead(cm2): Below Detection Limit Retail Space East Contains Lead: Negative 515 E Ocean Avenue Via Marquez www.arsenvironmental.com • sales@arsenvironmental.com A'a RS EXOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air®uality Testinq •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 37 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 XRF Analysis Sample Number,Description,And Color Location Sample Details And Analysis 211 Paint Beige Wall Sample Condition: Intact Plaster Side;D,Floor;First Lead(cm2): Below Detection Limit Retail Space East Contains Lead: Negative 515 E Ocean Avenue Via Marquez 212 Paint Beige Wall Sample Condition: Intact Plaster Side;D,Floor;First Lead(cm2): Below Detection Limit Retail Space East Contains Lead: Negative 515 E Ocean Avenue Via Marquez 213 Paint Beige Wall Sample Condition: Intact Plaster Side;D,Floor;First Lead(cm2): Below Detection Limit Retail Space East Contains Lead: Negative 515 E Ocean Avenue Via Marquez 214 Paint Beige Wall Sample Condition: Intact Plaster Side;C,Floor;First Lead(cm): Below Detection Limit Retail Space East Contains Lead: Negative 515 E Ocean Avenue Via Marquez 215 Paint Beige Baseboard Sample Condition: Intact Wood Side;C,Floor;First Lead(cm2): Below Detection Limit Retail Space East Contains Lead: Negative 515 E Ocean Avenue Via Marquez 216 Paint Beige Baseboard Sample Condition: Intact Wood Side;B,Floor;First Lead(cm2): Below Detection Limit Retail Space East Contains Lead: Negative 515 E Ocean Avenue Via Marquez 217 Paint Beige Baseboard Sample Condition: Intact Wood Side;A,Floor;First Lead(cm2): Below Detection Limit Retail Space East Contains Lead: Negative 515 E Ocean Avenue Via Marquez www.arsenvironmental.com • sales@arsenvironmental.com A'a RS EXOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air®uality Testinq •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 38 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 XRF Analysis Sample Number,Description,And Color Location Sample Details And Analysis 218 Paint Beige Column Sample Condition: Intact Wood Side;A,Floor;First Lead(cm2): Below Detection Limit Retail Space East Contains Lead: Negative 515 E Ocean Avenue Via Marquez 219 Paint Beige Door Sample Condition: Intact Wood Side;A,Floor;First Lead(cm2): Below Detection Limit Retail Space East Contains Lead: Negative 515 E Ocean Avenue Via Marquez 220 Paint Beige Door Frame Sample Condition: Intact Wood Side;A,Floor;First Lead(cm2): Below Detection Limit Retail Space East Contains Lead: Negative 515 E Ocean Avenue Via Marquez 221 Paint Beige Wall Sample Condition: Intact Drywall Side;A,Floor;First Lead(cm2): Below Detection Limit Retail Space East Contains Lead: Negative 515 E Ocean Avenue Via Marquez 222 Paint Beige Wall Sample Condition: Intact Drywall Side;A,Floor;First Lead(cm2): Below Detection Limit Retail Space East Contains Lead: Negative 515 E Ocean Avenue Via Marquez 223 Paint Beige Wall Sample Condition: Intact Drywall Side;A,Floor;First Lead(cm2): Below Detection Limit Retail Space East Contains Lead: Negative 515 E Ocean Avenue Via Marquez 224 Paint Beige Door Sample Condition: Intact Wood Side;D,Floor;First Lead(cm2): Below Detection Limit Bathroom Contains Lead: Negative 515 E Ocean Avenue Via Marquez www.arsenvironmental.com • sales@arsenvironmental.com A'a RS EXOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air®uality Testinq •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 39 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 XRF Analysis Sample Number,Description,And Color Location Sample Details And Analysis 225 Paint Beige Door Frame Sample Condition: Intact Wood Side;D,Floor;First Lead(cm2): Below Detection Limit Bathroom Contains Lead: Negative 515 E Ocean Avenue Via Marquez 226 Paint Beige Wall Sample Condition: Intact Drywall Side;D,Floor;First Lead(cm2): Below Detection Limit Bathroom Contains Lead: Negative 515 E Ocean Avenue Via Marquez 227 Paint Beige Door Sample Condition: Intact Wood Side;A,Floor;First Lead(cm2): Below Detection Limit Closet Contains Lead: Negative 515 E Ocean Avenue Via Marquez 228 Paint Beige Door Frame Sample Condition: Intact Wood Side;A,Floor;First Lead(cm2): Below Detection Limit Closet Contains Lead: Negative 515 E Ocean Avenue Via Marquez 229 Paint White Door Frame Sample Condition: Intact Wood Side;A,Floor;Second Lead(cm2): Below Detection Limit Office-1 Contains Lead: Negative 533 E Ocean Avenue 230 Paint White Baseboard Sample Condition: Intact Wood Side;A,Floor;Second Lead(cm2): Below Detection Limit Office-1 Contains Lead: Negative 533 E Ocean Avenue 231 Paint White Window Sill Sample Condition: Intact Wood Side;A,Floor;Second Lead(cm2): Below Detection Limit Office-1 Contains Lead: Negative 533 E Ocean Avenue www.arsenvironmental.com • sales@arsenvironmental.com A'a RS EXOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air®uality Testinq •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 40 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 XRF Analysis Sample Number,Description,And Color Location Sample Details And Analysis 232 Paint Yellow Wall Sample Condition: Intact Drywall Side;A,Floor;Second Lead(cm2): Below Detection Limit Office-1 Contains Lead: Negative 533 E Ocean Avenue 233 Paint Yellow Wall Sample Condition: Intact Drywall Side;B,Floor;Second Lead(cm2): Below Detection Limit Office-1 Contains Lead: Negative 533 E Ocean Avenue 234 Paint White Wall Sample Condition: Intact Wood Side;B,Floor;Second Lead(cm2): Below Detection Limit Office-1 Contains Lead: Negative 533 E Ocean Avenue 235 Paint White Door Frame Sample Condition: Intact Wood Side;A,Floor;Second Lead(cm2): Below Detection Limit Office-2 Contains Lead: Negative 533 E Ocean Avenue 236 Paint White Baseboard Sample Condition: Intact Wood Side;A,Floor;Second Lead(cm2): Below Detection Limit Office-2 Contains Lead: Negative 533 E Ocean Avenue 237 Paint White Window Sill Sample Condition: Intact Wood Side;A,Floor;Second Lead(cm2): Below Detection Limit Office-2 Contains Lead: Negative 533 E Ocean Avenue 238 Paint Yellow Wall Sample Condition: Intact Drywall Side;A,Floor;Second Lead(cm2): Below Detection Limit Office-2 Contains Lead: Negative 533 E Ocean Avenue www.arsenvironmental.com • sales@arsenvironmental.com A'a RS EXOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air®uality Testinq •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 41 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 XRF Analysis Sample Number,Description,And Color Location Sample Details And Analysis 239 Paint Yellow Wall Sample Condition: Intact Drywall Side;B,Floor;Second Lead(cm2): Below Detection Limit Office-2 Contains Lead: Negative 533 E Ocean Avenue 240 Paint Yellow Wall Sample Condition: Intact Drywall Side;C,Floor;Second Lead(cm2): Below Detection Limit Office-2 Contains Lead: Negative 533 E Ocean Avenue 241 Paint Yellow Wall Sample Condition: Intact Drywall Side;D,Floor;Second Lead(cm2): 1.70 Office-2 Contains Lead: Positive;Above 533 E Ocean Avenue 242 Paint Yellow Wall Sample Condition: Intact Plaster Side;D,Floor;Second Lead(cm2): 1.90 Office-2 Contains Lead: Positive;Above 533 E Ocean Avenue 243 Paint White Door Frame Sample Condition: Intact Wood Side;A,Floor;Second Lead(cm2): Below Detection Limit Office-3 Contains Lead: Negative 533 E Ocean Avenue 244 Paint White Baseboard Sample Condition: Intact Wood Side;A,Floor;Second Lead(cm2): 4,50 Office-3 Contains Lead: Positive;Above 533 E Ocean Avenue 245 Paint White Baseboard Sample Condition: Intact Wood Side;A,Floor;Second Lead(cm2): 4.20 Office-3 Contains Lead: Positive;Above 533 E Ocean Avenue www.arsenvironmental.com • sales@arsenvironmental.com A'a RS EXOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air®uality Testinq •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 42 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 XRF Analysis Sample Number,Description,And Color Location Sample Details And Analysis 246 Paint White Window Sill Sample Condition: Intact Wood Side;A,Floor;Second Lead(cm2): Below Detection Limit Office-3 Contains Lead: Negative 533 E Ocean Avenue 247 Paint Yellow Wall Sample Condition: Intact Plaster Side;A,Floor;Second Lead(cm2): Below Detection Limit Office-3 Contains Lead: Negative 533 E Ocean Avenue 248 Paint Yellow Wall Sample Condition: Intact Plaster Side;B,Floor;Second Lead(cm2): Below Detection Limit Office-3 Contains Lead: Negative 533 E Ocean Avenue 249 Paint Yellow Wall Sample Condition: Intact Plaster Side;C,Floor;Second Lead(cm): Below Detection Limit Office-3 Contains Lead: Negative 533 E Ocean Avenue 250 Paint Yellow Wall Sample Condition: Intact Plaster Side;D,Floor;Second Lead(cm): Below Detection Limit Office-3 Contains Lead: Negative 533 E Ocean Avenue 251 Paint White Door Frame Sample Condition: Intact Wood Side;B,Floor;Second Lead(cm2): Below Detection Limit Bathroom Contains Lead: Negative 533 E Ocean Avenue 252 Paint Yellow Wall Sample Condition: Intact Plaster Side;B,Floor;Second Lead(cm2): Below Detection Limit Bathroom Contains Lead: Negative 533 E Ocean Avenue www.arsenvironmental.com • sales@arsenvironmental.com A'a RS EXOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air®uality Testinq •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 43 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 XRF Analysis Sample Number,Description,And Color Location Sample Details And Analysis 253 Paint White Door Frame Sample Condition: Intact Wood Side;C,Floor;Second Lead(cm2): Below Detection Limit Office-4 Contains Lead: Negative 533 E Ocean Avenue 254 Paint White Baseboard Sample Condition: Intact Wood Side;C,Floor;Second Lead(cm2): Below Detection Limit Office-4 Contains Lead: Negative 533 E Ocean Avenue 255 Paint Yellow Wall Sample Condition: Intact Plaster Side;C,Floor;Second Lead(cm2): Below Detection Limit Office-4 Contains Lead: Negative 533 E Ocean Avenue 256 Paint Yellow Wall Sample Condition: Intact Plaster Side;D,Floor;Second Lead(cm): Below Detection Limit Office-4 Contains Lead: Negative 533 E Ocean Avenue 257 Paint Yellow Wall Sample Condition: Intact Plaster Side;A,Floor;Second Lead(cm): Below Detection Limit Office-4 Contains Lead: Negative 533 E Ocean Avenue 258 Paint Yellow Wall Sample Condition: Intact Plaster Side;B,Floor;Second Lead(cm2): Below Detection Limit Office-4 Contains Lead: Negative 533 E Ocean Avenue 259 Paint White Window Sill Sample Condition: Intact Wood Side;D,Floor;Second Lead(cm2): Below Detection Limit Hallway Contains Lead: Negative 533 E Ocean Avenue www.arsenvironmental.com • sales@arsenvironmental.com A'a RS EXOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air®uality Testinq •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 44 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 XRF Analysis Sample Number,Description,And Color Location Sample Details And Analysis 260 Paint White Baseboard Sample Condition: Intact Wood Side;D,Floor;Second Lead(cm2): Below Detection Limit Hallway Contains Lead: Negative 533 E Ocean Avenue 261 Paint Yellow Wall Sample Condition: Intact Plaster Side;D,Floor;Second Lead(cm2): Below Detection Limit Hallway Contains Lead: Negative 533 E Ocean Avenue 262 Paint Yellow Wall Sample Condition: Intact Plaster Side;A,Floor;Second Lead(cm2): Below Detection Limit Hallway Contains Lead: Negative 533 E Ocean Avenue 263 Paint Yellow Wall Sample Condition: Intact Plaster Side;C,Floor;Second Lead(cm): Below Detection Limit Hallway Contains Lead: Negative 533 E Ocean Avenue 264 Paint Yellow Wall Sample Condition: Intact Plaster Side;D,Floor;Second Lead(cm): Below Detection Limit Hallway Contains Lead: Negative 533 E Ocean Avenue 265 Paint Red Door Sample Condition: Intact Metal Side;A,Floor;First Lead(cm2): Below Detection Limit Outside Contains Lead: Negative 533 E Ocean Avenue 266 Paint Red Doorframe Sample Condition: Intact Metal Side;A,Floor;First Lead(cm2): Below Detection Limit Outside Contains Lead: Negative 533 E Ocean Avenue www.arsenvironmental.com • sales@arsenvironmental.com A'a RS EXOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air®uality Testinq •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 45 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 XRF Analysis Sample Number,Description,And Color Location Sample Details And Analysis 267 Paint Beige Wall Sample Condition: Intact Plaster Side;D,Floor;First Lead(cm2): Below Detection Limit Outside Contains Lead: Negative 533 E Ocean Avenue 268 Paint Beige Wall Sample Condition: Intact Plaster Side;D,Floor;First Lead(cm2): 4.20 Outside Contains Lead: Positive;Above 533 E Ocean Avenue 269 Paint Beige Wall Sample Condition: Intact Plaster Side;D,Floor;First Lead(cm2): 4.60 Outside Contains Lead: Positive;Above 533 E Ocean Avenue 270 Paint Beige Wall Sample Condition: Intact Plaster Side;D,Floor;First Lead(cm): 3.80 Outside Contains Lead: Positive;Above 533 E Ocean Avenue 271 Paint Beige Wall Sample Condition: Intact Plaster Side;C,Floor;First Lead(cm): 3.10 Outside Contains Lead: Positive;Above 533 E Ocean Avenue 272 Paint Beige Wall Sample Condition: Intact Plaster Side;C,Floor;First Lead(cm2): 3.40 Outside Contains Lead: Positive;Above 529 E Ocean Avenue 273 Paint Beige Wall Sample Condition: Intact Plaster Side;C,Floor;First Lead(cm2): 4.60 Outside Contains Lead: Positive;Above 529 E Ocean Avenue www.arsenvironmental.com • sales@arsenvironmental.com A'a RS EXOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air®uality Testinq •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 46 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 XRF Analysis Sample Number,Description,And Color Location Sample Details And Analysis 274 Paint Blue Wall Sample Condition: Intact Plaster Side;D,Floor;First Lead(cm2): Below Detection Limit Outside Contains Lead: Negative 515 E Ocean Avenue 275 Paint Blue Wall Sample Condition: Intact Plaster Side;B,Floor;First Lead(cm2): Below Detection Limit Outside Contains Lead: Negative 515 E Ocean Avenue 276 Paint Blue Wall Sample Condition: Intact Plaster Side;B,Floor;First Lead(cm2): Below Detection Limit Outside Contains Lead: Negative 515 E Ocean Avenue 277 Paint Orange Calibrate Sample Condition: Intact Plastic Side; ,Floor;First Lead(cm2): Calibration Outside Contains Lead: Negative 515 E Ocean Avenue 278 Paint Orange Calibrate Sample Condition: Intact Plastic Side; ,Floor;First Lead(cm2): Calibration Outside Contains Lead: Negative 515 E Ocean Avenue 279 Paint Orange Calibrate Sample Condition: Intact Plastic Side; ,Floor;First Lead(cm2): Calibration Outside Contains Lead: Negative 515 E Ocean Avenue www.arsenvironmental.com • sales@arsenvironmental.com ARS ENVIRONMENTAL, Environmentat Consutting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consutting •Radon Measurements •Lead Assessments •Indoor Air Ouatity Testing •Motd Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 47 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Sample Number,Description,And Color Location Sample Details And Laboratory Analysis Sample Paint Red Door Sample Condition: 24 Wood Side;C,Floor;First Storage Room Lead Per Square Centimeter(cm): 3,30 Contains Lead: Positive;Above Sample Paint Red Door Sample Condition: 25 Wood Side;C,Floor;First Storage Room Lead Per Square Centimeter(cm2): 4.00 Contains Lead: Positive;Above Sample Paint Red Door Sample Condition: 26 Wood Side;C,Floor;First Storage Room Lead Per Square Centimeter(cm): 4.30 Contains Lead: Positive;Above Sample Paint White Door Frame Sample Condition: ��s�,, 78 Wood Side;D,Floor;Second Bedroom Lead Per Square Centimeter(cm2): 1.10 Contains Lead: Positive;Above Sample Paint White Door Frame Sample Condition: 79 Wood Side;D,Floor;Second Bedroom Lead Per Square Centimeter(cm2): 1.20 Contains Lead: Positive;Above Sample Paint White Closet Door Frame Sample Condition: ��s�,, 86 Wood Side;C,Floor;Second Bedroom Lead Per Square Centimeter(cm2): 1.50 Contains Lead: Positive;Above The above samples are positive for lead above the regulatory limits. Current Federal regulatory standards only apply to properties regulated by the the Department of Housing and Urban Development(HUD).This is not a HUD regulated structure. While there are no Federal Regulatory Standards,the OSHA Lead in Construction Standard(29 CFR 1926.62)shall apply to any construction work including renovation and demolition that may disturb the above referenced surfaces. In addition to the above considerations,the presence of lead in demolition debris has the potential to impose limitations on where and how the debris may be disposed.The Resource Conservation and Recovery Act(RCRA), Subtitles C and D,require that the waste be analyzed to determine the amount of leachable lead present.The type of test to be performed on the waste is the Toxicity Characteristic Leaching Procedure (TCLP)for lead.The results of this test will determine whether the material must be handled and disposed of as hazardous waste. For structures containing large amounts of lead-containing paint,a significant potential for failing the TCLP exists. 151 North Nob Hill Road, #462, Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironmental.com • sales@arsenvironentl.co ARS ENVIRONMENTAL, Environmentat Consutting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consutting •Radon Measurements •Lead Assessments •Indoor Air Ouatity Testing •Motd Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 48 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Sample Number,Description,And Color Location Sample Details And Laboratory Analysis Sample Paint White Door Sample Condition: �il(S1 87 Wood Side;D,Floor;Second Bathroom Lead Per Square Centimeter(cm2): 1.30 Contains Lead: Positive;Above Sample Paint White Door Frame Sample Condition: ��s�,, 91 Wood Side;B,Floor;Second Linen Closet Lead Per Square Centimeter(cm2): 1.90 Contains Lead: Positive;Above Sample Paint White Door Sample Condition: �il(S1 s,t,,�;�•'�,,��,,��,�?,,�,,�,�?,,`` 101 Wood Side;B,Floor;Second Linen Closet Lead Per Square Centimeter(cm): 2,50 Contains Lead: Positive;Above Sample Paint White Door Frame Sample Condition: ��s�,, 102 Wood Side;B,Floor;Second Linen Closet Lead Per Square Centimeter(cm2): 1.20 Contains Lead: Positive;Above Sample Paint White Door Frame Sample Condition: 122 Wood Side;B,Floor;Second Bedroom Lead Per Square Centimeter(cm2): 1.00 Contains Lead: Positive;Above Sample Paint White Door Sample Condition: �il(S1 123 Wood Side;B,Floor;Second Bedroom Lead Per Square Centimeter(cm2): 1.00 Contains Lead: Positive;Above The above samples are positive for lead above the regulatory limits. Current Federal regulatory standards only apply to properties regulated by the the Department of Housing and Urban Development(HUD).This is not a HUD regulated structure. While there are no Federal Regulatory Standards,the OSHA Lead in Construction Standard(29 CFR 1926.62)shall apply to any construction work including renovation and demolition that may disturb the above referenced surfaces. In addition to the above considerations,the presence of lead in demolition debris has the potential to impose limitations on where and how the debris may be disposed.The Resource Conservation and Recovery Act(RCRA), Subtitles C and D,require that the waste be analyzed to determine the amount of leachable lead present.The type of test to be performed on the waste is the Toxicity Characteristic Leaching Procedure (TCLP)for lead.The results of this test will determine whether the material must be handled and disposed of as hazardous waste. For structures containing large amounts of lead-containing paint,a significant potential for failing the TCLP exists. 151 North Nob Hill Road, #462, Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironmental.com • sales@arsenvironentl.co ARS ENVIRONMENTAL, Environmentat Consutting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consutting •Radon Measurements •Lead Assessments •Indoor Air Ouatity Testing •Motd Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 49 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Sample Number,Description,And Color Location Sample Details And Laboratory Analysis Sample Paint White Closet Door Sample Condition: 129 Wood Side;C,Floor;Second Bedroom Lead Per Square Centimeter(cm2): 1.90 Contains Lead: Positive;Above Sample Paint White Closet Door Frame Sample Condition: ��s�,, 130 Wood Side;C,Floor;Second Bedroom Lead Per Square Centimeter(cm2): 1.30 Contains Lead: Positive;Above Sample Paint White Door Sample Condition: �il(S1 s,t,,�;�•'�,,��,,��,�?,,�,,�,�?,,`` 131 Wood Side;B,Floor;Second Bathroom Lead Per Square Centimeter(cm2): 1.60 Contains Lead: Positive;Above Sample Paint White Door Sample Condition: 143 Wood Side;D,Floor;Second Linen Closet Lead Per Square Centimeter(cm2): 1.30 Contains Lead: Positive;Above Sample Paint White Door Frame Sample Condition: 145 Wood Side;B,Floor;Second Bedroom Lead Per Square Centimeter(cm2): 1.10 Contains Lead: Positive;Above Sample Paint White Closet Door Frame Sample Condition: ��s�,, 153 Wood Side;A,Floor;Second Bedroom Lead Per Square Centimeter(cm2): 1.30 Contains Lead: Positive;Above The above samples are positive for lead above the regulatory limits. Current Federal regulatory standards only apply to properties regulated by the the Department of Housing and Urban Development(HUD).This is not a HUD regulated structure. While there are no Federal Regulatory Standards,the OSHA Lead in Construction Standard(29 CFR 1926.62)shall apply to any construction work including renovation and demolition that may disturb the above referenced surfaces. In addition to the above considerations,the presence of lead in demolition debris has the potential to impose limitations on where and how the debris may be disposed.The Resource Conservation and Recovery Act(RCRA), Subtitles C and D,require that the waste be analyzed to determine the amount of leachable lead present.The type of test to be performed on the waste is the Toxicity Characteristic Leaching Procedure (TCLP)for lead.The results of this test will determine whether the material must be handled and disposed of as hazardous waste. For structures containing large amounts of lead-containing paint,a significant potential for failing the TCLP exists. 151 North Nob Hill Road, #462, Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironmental.com • sales@arsenvironentl.co ARS ENVIRONMENTAL, Environmentat Consutting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consutting •Radon Measurements •Lead Assessments •Indoor Air Ouatity Testing •Motd Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 50 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Sample Number,Description,And Color Location Sample Details And Laboratory Analysis Sample Paint Yellow Wall Sample Condition: ��s� 241 Drywall Side;D,Floor;Second Office-2 Lead Per Square Centimeter(cm2): 1.70 Contains Lead: Positive;Above Sample Paint Yellow Wall Sample Condition: ��s�,, 242 Plaster Side;D,Floor;Second Office-2 Lead Per Square Centimeter(cm2): 1.90 Contains Lead: Positive;Above Sample Paint White Baseboard Sample Condition: 11'�ls� 244 Wood Side;A,Floor;Second Office-3 Lead Per Square Centimeter(cm): 6.60 Contains Lead: Positive;Above Sample Paint White Baseboard Sample Condition: ��s�,, 245 Wood Side;A,Floor;Second Office-3 Lead Per Square Centimeter(cm2): 4.20 Contains Lead: Positive;Above Sample Paint Beige Wall Sample Condition: 268 Plaster Side;D,Floor;First Outside Lead Per Square Centimeter(cm): 4.20 Contains Lead: Positive;Above Sample Paint Beige Wall Sample Condition: ��s�,, 269 plaster Side;D,Floor;First Outside Lead Per Square Centimeter(cm2): 4.60 Contains Lead: Positive;Above The above samples are positive for lead above the regulatory limits. Current Federal regulatory standards only apply to properties regulated by the the Department of Housing and Urban Development(HUD).This is not a HUD regulated structure. While there are no Federal Regulatory Standards,the OSHA Lead in Construction Standard(29 CFR 1926.62)shall apply to any construction work including renovation and demolition that may disturb the above referenced surfaces. In addition to the above considerations,the presence of lead in demolition debris has the potential to impose limitations on where and how the debris may be disposed.The Resource Conservation and Recovery Act(RCRA), Subtitles C and D,require that the waste be analyzed to determine the amount of leachable lead present.The type of test to be performed on the waste is the Toxicity Characteristic Leaching Procedure (TCLP)for lead.The results of this test will determine whether the material must be handled and disposed of as hazardous waste. For structures containing large amounts of lead-containing paint,a significant potential for failing the TCLP exists. 151 North Nob Hill Road, #462, Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironmental.com • sales@arsenvironentl.co ARS ENVIRONMENTAL, Environmentat Consutting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consutting •Radon Measurements •Lead Assessments •Indoor Air Ouatity Testing •Motd Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 51 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Sample Number,Description,And Color Location Sample Details And Laboratory Analysis Sample Paint Beige Wall Sample Condition: 11'�ls� 270 Plaster Side;D,Floor;First Outside Lead Per Square Centimeter(cm): 3,80 Contains Lead: Positive;Above Sample Paint Beige Wall Sample Condition: ��s�,, 271 Plaster Side;C,Floor;First Outside Lead Per Square Centimeter(cm2): 3.10 Contains Lead: Positive;Above Sample Paint Beige Wall Sample Condition: 11'�ls� 272 Plaster Side;C,Floor;First Outside Lead Per Square Centimeter(cm): 3,40 Contains Lead: Positive;Above Sample Paint Beige Wall Sample Condition: ��s�,, 273 Plaster Side;C,Floor;First Outside Lead Per Square Centimeter(cm2): 4.60 Contains Lead: Positive;Above The above samples are positive for lead above the regulatory limits. Current Federal regulatory standards only apply to properties regulated by the the Department of Housing and Urban Development(HUD).This is not a HUD regulated structure. While there are no Federal Regulatory Standards,the OSHA Lead in Construction Standard(29 CFR 1926.62)shall apply to any construction work including renovation and demolition that may disturb the above referenced surfaces. In addition to the above considerations,the presence of lead in demolition debris has the potential to impose limitations on where and how the debris may be disposed.The Resource Conservation and Recovery Act(RCRA), Subtitles C and D,require that the waste be analyzed to determine the amount of leachable lead present.The type of test to be performed on the waste is the Toxicity Characteristic Leaching Procedure (TCLP)for lead.The results of this test will determine whether the material must be handled and disposed of as hazardous waste. For structures containing large amounts of lead-containing paint,a significant potential for failing the TCLP exists. 151 North Nob Hill Road, #462, Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironmental.com • sales@arsenvironentl.co ARS EXOROMMENTAL, Environmental Consulting Services INC. Asbestos Business License#ZA-0000164 Asbestos Consulting •Radon Measurements •Lead Assessments •Indoor Air Ouality Testing •Mold Investigations Today's Date: 10/11/2021 Project Number:20212555 Page 52 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Regulatory Limits on Lead The following exposure limits for lead have been promulgated by the various agencies previously mentioned. Paint • 600 ppm - Consumer Product Safety Commission • 1.0 mg/cm2 or 5,000 ppm or 0.50% by weight- HUD definition of lead based paint requiring abatement Dust • 10 ug/ft2 - HUD Clearance Level for Floors • 100 ug/ft2 - HUD Clearance Level for Interior Window Sills • 800 ug/ft2 - HUD Clearance Level for Window Wells Blood • 10 Mg/dl - COC threshold for lead poisoning in children •30 Mg/dl - OSHA permissible blood lead level • 50 Mg/dl - OSHA blood lead level requiring medical removal of worker Soil • 400 ppm - EPA draft soil screening guidance Water • 0.015 milligrams of lead per liter of water (mgL) or of 15 parts per billion (ppb) - EPA Action Level • 1.5Mg/m3 - EPA National Ambient Air(Quality Standard) •30 Mg/m3 - OSHA Action Level (8 hour time-weighted average) • 50 Mg/m3 - OSHA Permissible Exposure Limit(PEL) (General Industry) • 200 Mg/m3 - OSHA Permissible Exposure Limit(Construction Industry) Hazardous Waste • 5 ppm analyzed as "leachable" using Toxicity Characteristic Leaching Procedure (TCLP) 151 North Nob Hill Road, #462, Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironmental.com • sales@arsenvironental.co A RS EivoRommu TA L, EnVironmental Consulting SerOices . Asbestos Business License#ZA-0000164 Asbestos Consulting • Radon Measurements • Lead Assessments • Indoor Air Quality Testing •Mold InOestigations Today's Date: 10/11/2021 Project Number: 20212555 Page 53 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Lead Survey — Technician Chain of Custody Forms, Pictures, and Notes t I{!32 t �£ Jr, ,1 sties r �Y. r i tiiYM 1 ins r�1 1 D1£>>is I ; I,s i f F i f4` 151 North Nob Hitt Road, 662, Plantation, FL 33326 • Phone 956-227-2602 • Fax 866-816-5110 ctfct W.arsenVironmentat.co • sales arsendironmentat com A RS Ewwommu TA L, mc. Environmental Consulting SerOices Asbestos Business License#ZA-0000164 Asbestos Consulting • Radon Measurements • Lead Assessments • Indoor Air Quality Testing •Mold InOestigations Today's Date: 10/11/2021 Project Number: 20212555 Page 54 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Lead Survey — Technician Chain of Custody Forms, Pictures, and Notes \)}1'W �\ 1, �<<' u � s I - - s G ' r_ ,} 441}44t 5 rt 151 North Nob Hitt Road, 662, Plantation, FL 33326 • Phone 956-227-2602 • Fax 866-816-5110 ctfct W.arsenoironmentat.co • sales arsendironmentat com A RS Ewwommu TA L, mc. EnVironmental Consulting SerOices Asbestos Business License#ZA-0000164 Asbestos Consulting • Radon Measurements • Lead Assessments • Indoor Air Quality Testing •Mold InOestigations Today's Date: 10/11/2021 Project Number: 20212555 Page 55 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Lead Survey — Technician Chain of Custody Forms, Pictures, and Notes t r I� r � 11.. - i 1i} 151 North Nob Hitt Road, 662, Plantation, FL 33326 • Phone 956-227-2602 • Fax 866-816-5110 ctfct W.arsenoironmentat.co • sales arsendironmentat com A RS Ewwommu TA L, mc. EnVironmental Consulting SerOices Asbestos Business License#ZA-0000164 Asbestos Consulting • Radon Measurements • Lead Assessments • Indoor Air Quality Testing •Mold InOestigations Today's Date: 10/11/2021 Project Number: 20212555 Page 56 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Lead Survey — Technician Chain of Custody Forms, Pictures, and Notes q 3ytl�t, '.t C (X11 � 1 p l it �( � i } r i7��3�3 a Ii l3o r� 151 North Nob Nill Road, #462, Plantation, FL 33324 • Phone 954-227-2102 • Fax 866-816-5110 ctfct W.arsenVironmentat.co • sales arsendironmentat com A RS Ewwommu TA L, mc. EnVironmental Consulting SerOices Asbestos Business License#ZA-0000164 Asbestos Consulting • Radon Measurements • Lead Assessments • Indoor Air Quality Testing •Mold InOestigations Today's Date: 10/11/2021 Project Number: 20212555 Page 57 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Lead Survey — Technician Chain of Custody Forms, Pictures, and Notes j 5 i t 1 �t t { G f ,t pi � {j �� IIIIIIIII II �ttf 151 North Nob Nill Road, #462, Plantation, FL 33324 • Phone 954-227-2102 • Fax 866-816-5110 ctfct W.arsenVironmentat.co • sales arsendironmentat com A RS Ewwommu TA L, mc. EnVironmental Consulting SerOices Asbestos Business License#ZA-0000164 Asbestos Consulting • Radon Measurements • Lead Assessments • Indoor Air Quality Testing •Mold InOestigations Today's Date: 10/11/2021 Project Number: 20212555 Page 58 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Lead Survey — Technician Chain of Custody Forms, Pictures, and Notes ?r, I )t/ �s 151 North Nob Hitt Road, 662, Plantation, FL 33326 • Phone 956-227-2602 • Fax 866-816-5110 ctfct W.arsenoironmentat.co • sales arsendironmentat com A RS Ewwommu TA L, mc. EnVironmental Consulting SerOices Asbestos Business License#ZA-0000164 Asbestos Consulting • Radon Measurements • Lead Assessments • Indoor Air Quality Testing •Mold InOestigations Today's Date: 10/11/2021 Project Number: 20212555 Page 59 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Lead Survey — Technician Chain of Custody Forms, Pictures, and Notes r iy�i r�1\l)s��i1 Olis s�i t)t�1�l�sk rf�ill{1 si�S�sti sl �s�� �s�s�rsy�l�}sssfis�3Z2���lis�ssi i�� i- ssss tr;t is�lsl �s1 +i ss�,s S����s s11}s II X'11, ,r, s1 ��y s�ytsl�is�l(11s4y,�li ij�j i� sV}1',si �-- }, t �hhz�t 1} r6 151 North Nob Hitt Road, 662, Plantation, FL 33326 • Phone 956-227-2602 • Fax 866-816-5110 ctfct W.arsenVironmentat.co • sales arsendironmentat com A RS Ewwommu TA L, mc. EnVironmental Consulting SerOices Asbestos Business License#ZA-0000164 Asbestos Consulting • Radon Measurements • Lead Assessments • Indoor Air Quality Testing •Mold InOestigations Today's Date: 10/11/2021 Project Number: 20212555 Page 60 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Lead Survey — Technician Chain of Custody Forms, Pictures, and Notes �- 1i141i} trs;r� �zs? yt . - t t pl fll, i i 151 North Nob Nill Road, #462, Plantation, FL 33324 • Phone 954-227-2102 • Fax 866-816-5110 ctfct W.arsenVironmentat.co • sales arsendironmentat com A RS Ewwommu TA L, mc. EnVironmental Consulting SerOices Asbestos Business License#ZA-0000164 Asbestos Consulting • Radon Measurements • Lead Assessments • Indoor Air Quality Testing •Mold InOestigations Today's Date: 10/11/2021 Project Number: 20212555 Page 61 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Lead Survey — Technician Chain of Custody Forms, Pictures, and Notes „ff r tc� Ism 151 North Nob Hitt Road, 662, Plantation, FL 33326 • Phone 956-227-2602 • Fax 866-816-5110 ctfct W.arsenoironmentat.co • sales arsendironmentat com A RS Ewwommu TA L, mc. EnVironmental Consulting SerOices Asbestos Business License#ZA-0000164 Asbestos Consulting • Radon Measurements • Lead Assessments • Indoor Air Quality Testing •Mold InOestigations Today's Date: 10/11/2021 Project Number: 20212555 Page 62 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Lead Survey — Technician Chain of Custody Forms, Pictures, and Notes �115 y �t i, t £yi-7IF 4 r � �arlit�r z �t t. 151 North Nob Hitt Road, 662, Plantation, FL 33326 • Phone 956-227-2602 • Fax 866-816-5110 ctfct W.arsenVironmentat.co • sales arsendironmentat com A RS Ewwommu TA L, mc. EnVironmental Consulting SerOices Asbestos Business License#ZA-0000164 Asbestos Consulting • Radon Measurements • Lead Assessments • Indoor Air Quality Testing •Mold InOestigations Today's Date: 10/11/2021 Project Number: 20212555 Page 63 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Lead Survey — Technician Chain of Custody Forms, Pictures, and Notes "rVi}il�'I Ilt 1,7 + ,40 V�1 151 North Nob Hitt Road, 662, Plantation, FL 33326 • Phone 956-227-2602 • Fax 866-816-5110 ctfct W.arsenVironmentat.co • sales arsendironmentat com A RS Ewwommu TA L, mic. EnVironmental Consulting SerOices Asbestos Business License#ZA-0000164 Asbestos Consulting • Radon Measurements • Lead Assessments • Indoor Air OuaGty Testing •Mold InOestigations Today's Date: 10/11/2021 Project Number: 20212555 Page 64 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Lead Survey — Technician Chain of Custody Forms, Pictures, and Notes �r4 , rr , a ,fytp��a�_ nt rrtt �ki ti- 151 North Nob Hitt Road, 662, Plantation, FL 33326 • Phone 956-227-2602 • Fax 866-816-5110 ctfct W.arsenVironmentat.co • sales arsendironmentat com A RS Ewwommu TA L, mc. EnVironmental Consulting SerOices Asbestos Business License#ZA-0000164 Asbestos Consulting • Radon Measurements • Lead Assessments • Indoor Air Quality Testing •Mold InOestigations Today's Date: 10/11/2021 Project Number: 20212555 Page 65 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Lead Survey — Technician Chain of Custody Forms, Pictures, and Notes t t, t„ ip t t I(} fsjlt t� b t , st1�h �; s � s r'ii }(t• y C ,,Sy- ,Astttsss�s,ssr�{..sw, vis r s � ccs rrs„c.usjtXrc i,{r;rAtttt{u;�t-`iil`s��'=�s�ye it+s� '�1 f�r rr� r i} st r - s sr s tst �t{ fit�'sig}�1u1 t1s�s}31 tittst}� s�ls } t1ri�s �}�� ij sj 7s{s th l£tslr? i�(}Sil rc#{hiss f � sf t 7 ' 'I'll", 151 ttF-.-�. 151 North Nob Hitt Road, 662, Plantation, FL 33326 • Phone 956-227-2602 • Fax 866-816-5110 ctfct W.arsenVironmentat.co • sales arsendironmentat com A RS Ewwommu TA L, mc. EnVironmental Consulting SerOices Asbestos Business License#ZA-0000164 Asbestos Consulting • Radon Measurements • Lead Assessments • Indoor Air Quality Testing •Mold InOestigations Today's Date: 10/11/2021 Project Number: 20212555 Page 66 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Lead Survey — Technician Chain of Custody Forms, Pictures, and Notes s �eC - �:�� I_ c 4 t I t laS i s - ��iiil 3 151 North Nob Hitt Road, 662, Plantation, FL 33326 • Phone 956-227-2602 • Fax 866-816-5110 ctfct W.arsenVironmentat.co • sales arsendironmentat com A RS Ewwommu TA L, mc. EnVironmental Consulting SerOices Asbestos Business License#ZA-0000164 Asbestos Consulting • Radon Measurements • Lead Assessments • Indoor Air Quality Testing •Mold InOestigations Today's Date: 10/11/2021 Project Number: 20212555 Page 67 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Lead Survey — Technician Chain of Custody Forms, Pictures, and Notes itWs ifi s (ti i'n N ,rr 7 3 l� 151 North Nob Hitt Road, 662, Plantation, FL 33326 • Phone 956-227-2602 • Fax 866-816-5110 ctfct W.arsenVironmentat.co • sales arsendironmentat com A RS Ewwommu TA L, mc. EnVironmental Consulting SerOices Asbestos Business License#ZA-0000164 Asbestos Consulting • Radon Measurements • Lead Assessments • Indoor Air Quality Testing •Mold InOestigations Today's Date: 10/11/2021 Project Number: 20212555 Page 68 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Lead Survey — Technician Chain of Custody Forms, Pictures, and Notes itt�,u�4ttt,' #X14$r€S1`it�'?'t~h''�"�m7lc�aihfi �v1 1 t7S7riz 1t.4! t}s ��,, { SJR � � t �1 t I as Ll T t 151 North Nob Hitt Road, 662, Plantation, FL 33326 • Phone 956-227-2602 • Fax 866-816-5110 ctfct W.arsenVironmentat.co • sales arsendironmentat com A RS Ewwommu TA L, mc. EnVironmental Consulting SerOices Asbestos Business License#ZA-0000164 Asbestos Consulting • Radon Measurements • Lead Assessments • Indoor Air Quality Testing •Mold InOestigations Today's Date: 10/11/2021 Project Number: 20212555 Page 69 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Lead Survey — Technician Chain of Custody Forms, Pictures, and Notes u�F „�j P ( 2, r Y u� 7�F 151 North Nob Hitt Road, 662, Plantation, FL 33326 • Phone 956-227-2602 • Fax 866-816-5110 ctfct W.arsenVironmentat.co • sales arsendironmentat com A RS Ewwommu TA L, mc. EnVironmental Consulting SerOices Asbestos Business License#ZA-0000164 Asbestos Consulting • Radon Measurements • Lead Assessments • Indoor Air Quality Testing •Mold InOestigations Today's Date: 10/11/2021 Project Number: 20212555 Page 70 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Lead Survey — Technician Chain of Custody Forms, Pictures, and Notes , >~ s r} ly}�}1'Vt'�jltti7 Si\111\t��ittit t�l� i z� er __�t _ . tt� ti I� 7 to \ 151 North Nob Hitt Road, 662, Plantation, FL 33326 • Phone 956-227-2602 • Fax 866-816-5110 ctfct W.arsenVironmentat.co • sales arsendironmentat com A RS Ewwommu TA L, mc. EnVironmental Consulting SerOices Asbestos Business License#ZA-0000164 Asbestos Consulting • Radon Measurements • Lead Assessments • Indoor Air Quality Testing •Mold InOestigations Today's Date: 10/11/2021 Project Number: 20212555 Page 71 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Lead Survey — Technician Chain of Custody Forms, Pictures, and Notes r, 5 y F{�� rp{t 112 fsI 2 11 ti t t \J i ���Ci X431'1 ii yl i t 2 r 2 t ; t iiq 1 i �u a if t 2 �'' tl j� � �t �� 1� a i�„li£ 2 y sJ it �(I122 �t1�2t24I� �(� tF�iu ir11227.2 iti F k s 1 2 2 t �r��.l'11s1Sys(t�542i1s�4iAV44�s� i}�5��� .1<r��11} slit, fFtr�l�i£� ili it1�1�1�£t4r�I�iI�41{`l�lj iii}i-�} tifi4S� '34 £ i�£ 15s1��t{it 9f �it1 41/ t. ttl 1~hlJM9A f t}� S,1�4 r�k�,� 1 Al 151 North Nob Hitt Road, 662, Plantation, FL 33326 • Phone 956-227-2602 • Fax 866-816-5110 ctfct W.arsenVironmentat.co • sales arsendironmentat com A RS Ewwommu TA L, mc. EnVironmental Consulting SerOices Asbestos Business License#ZA-0000164 Asbestos Consulting • Radon Measurements • Lead Assessments • Indoor Air Quality Testing •Mold InOestigations Today's Date: 10/11/2021 Project Number: 20212555 Page 72 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Lead Survey — Technician Chain of Custody Forms, Pictures, and Notes r - ,y�,- t� n _ � �_ >1•�., -.r�i��SitV�r 'Y'i�� `+ _� �:-. �r.._,a „�, 1 ,( o i �','� �i y_ r .E�'s r G } 4 � hr fit+ 7tJ 5nt - � - .N 4 �(fi IIIF4, �(! itS�� iaati�N �� t 4r(t ��}�'(�ti � s��c°(. � I ia!p i11, ung"", 151 North Nob Nill Road, #462, Plantation, FL 33324 • Phone 954-227-2102 • Fax 866-816-5110 ctfct W.arsenoironmentat.co • sales arsendironmentat com A RS Ewwommu TA L, mc. EnVironmental Consulting SerOices Asbestos Business License#ZA-0000164 Asbestos Consulting • Radon Measurements • Lead Assessments • Indoor Air Quality Testing •Mold InOestigations Today's Date: 10/11/2021 Project Number: 20212555 Page 73 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Lead Survey — Technician Chain of Custody Forms, Pictures, and Notes L �p l z- i j t t, i ' { - (iD� j� i' t f 151 North Nob HittRoad, #462, Plantation, FL 33324 • Phone 954-227-2102 • Fax 866-816-5110 ctfct W.arsenVironmentat.co • sales arsendironmentat com A RS Ewwommu TA L, mc. EnVironmental Consulting SerOices Asbestos Business License#ZA-0000164 Asbestos Consulting • Radon Measurements • Lead Assessments • Indoor Air Quality Testing •Mold InOestigations Today's Date: 10/11/2021 Project Number: 20212555 Page 74 of 74 Prepared For: Job Site: Theresa Utterback 3 Occupied Commercial Buildings Boynton Beach CRA 511,515,529 East Ocean Avenue 710 North Federal Highway Boynton Beach,FL Boynton Beach,Florida 33435 Lead Survey — Technician Chain of Custody Forms, Pictures, and Notes 771 t 4 } N fi f � frr Fk��l�fi s�l� wVtr 1 � ddd is f S t 151 North Nob Nill Road, #462, Plantation, FL 33324 • Phone 954-227-2102 • Fax 866-816-5110 ctfct W.arsenVironmentat.co • sales arsendironmentat com iio u % Entering erin 954 767-5955 r nw Beach r r° � t�^► � . r, 305 747-9445 Dade PCA-Summary Date: October 12 2021 Client Name: Boynton Beach CRA Subject Property: 511-529 E. Ocean Ave Boynton Beach, FL. 33435 Subject Property tt1 i� t4y'S y l i i y I S y is 1007 N. Federal Hwy Suite 224 Fort Lauderdale, Florida 33304 954-767-5955 1561-880-7930 1305-747-9445 INFO@TCEIFL.COM Tri Count Eng' 954 767-5955 Broward & Inspecons nc 561880-7930 palm peach www.tricountvinspccdonxonr 305 747-9445 bade PCA Summary Inspection Date: October 5-7, 2021 Report Date: October 25, 2021 Prospective Buyer: Boynton Beach CRA Property Inspected: 511, 515, 529 E Ocean Ave Boynton Beach Scope of Inspection A visual inspection of the subject property was performed October 5-7, 2021. This PCA Summary Commercial Building Inspection addresses general items of interest that were visible to the inspector during the PCA ASTM Inspection that may not be easily found in the PCA ASTM Report or may not be addressed in that PCA ASTM format. Reasonable effort was made to view all safely accessible areas of the Subject Property. Concealed items cannot normally be inspected without using invasive procedures or special testing equipment that is beyond the scope of this type of general inspection. This PCA Summary Report may not address every problem that may exist with this property at the time of this inspection. Property Information • Property 1 -511 E Ocean Ave 1948 ISO 2 JM, Mixed use occupancy 7,702 sq ft • Property 2- 515 E Ocean Ave 1958 ISO 2 JM Commercial Occupancy 4,440 sq ft • Property 3- 529 E Ocean Ave 1922 ISO 2JM Commercial Occupancy 5,644 sq ft 1007 N. Federal Hwy Suite 224 Fort Lauderdale, FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Count Eng' 954 767-5955 Broward & Inspec ons nc 561880-7930 palm Beach www.tricuuntvinspecdonxonr 305 747-9445 bade The following sections of this report describe key areas of interest pertaining to this property: Roof Property 1 -511 E Ocean Ave The roof covering is granulated modified membrane in good condition installed in 2020. Overall, the roof covering is in good condition. However, the roof covering has several rubber mats placed on top of the granulated surface for traction on the roof when it rains for the occupants of the apartments. The front units have a front& rear door. Unit 95 (rear unit) has only one entrance located off the roof. The rubber mats are a potential problem for several reasons, (1)the rubber mats cause indentations in the covering when the sun heats up the granulated surface. A granulated covering is not a foot traffic type of covering. (2)the rubber mats with divert water in a stream like manor around the mats,potentially wearing out the granulated covering. (3) Having a person access the units by a means of a flat roof is not practical for safety purposes. Someone can easily get hurt slipping on the roof coverings during a rainstorm or water cascading down the rear staircase. Property 2 The roof covering is a TPO material that was installed in 2020. There were issues observed with this roof. Property 3 The two areas of roof coverings contain one roof area that is covered with a hot-mopped granulated modified membrane material. The second area roof covering was coated with a polyurethane waterproof coating in 2020. There were no notable deficiencies observed as it pertains to any of the roof coverings, as they appear to be well maintained by the current owner. 1007 N. Federal Hwy Suite 224 Fort Lauderdale, FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Count Eng' 954 767-5955 Broward & Inspecons nc 561880-7930 palm peach www.tricountvinspccdonxonr 305 747-9445 bade Exterior Structure Property 1 Overall, the facades appear to be in average condition and well maintained by the current owner. The buildings facades consist of stucco/paint over MCU & a canvas awning. The exterior walls were sealed and painted in 2016. There is an exterior staircase at the rear of the building that is constructed of wood. This staircase appears to be the only egress for the second story unit 95 apartment. This staircase appears to be in average condition. No notable deficiencies were observed at the time of the walk-through survey. There were no notable deficiencies observed as it pertains to the exterior walls of the buildings within the subject property. There is a staircase in rear for access to unit and a rear access for units41-4 Property 2 Overall, the facades appear to be in average condition and well maintained by the current owner. The buildings front&rear facades consist of stucco over masonry exterior walls. The exterior walls were sealed and painted in 2016. The storefront doors of 515 E. Ocean Ave. building consist of glazed doors that are set in anodized aluminum frames with standard hardware. The service/ rear entry doors are constructed of metal. The exterior entry doors to the second-story apartment units are hollow-core metal or fiberglass doors mounted in metal frames. There is a broken glass door in the common area. Property 3 Overall, the facades appear to be in average condition and well maintained by the current owner. The buildings facades consist of stucco/paint over MCU & a canvas awning. The exterior walls were sealed and painted in 2016. The storefront doors of 529 E. Ocean Ave. are constructed with wood door frames. The service / rear entry doors at the rear of the Hurricane Alley tenant space within the building are constructed of solid wood. Other 1007 N. Federal Hwy Suite 224 Fort Lauderdale, FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Count Eng' 954 767-5955 Broward & Inspecons nc 561880-7930 palm peach www.tricuuntvinspccdonxonr 305 747-9445 bade exterior entry doors to the second-story units are hollow-core metal or fiberglass doors mounted in metal frames. There were no notable deficiencies observed as it pertains to the exterior walls of the buildings within the subject property. The wood staircase in rear of the building is in good condition. The exterior of this building includes restaurant equipment outside. There is a Tikki Hut that was installed without a permit at some point Interior Property 1 The interior of the 1st floor office is in very good condition with no known defects or repairs needed. The 2nd floor apartments are in good condition. The units have been updated over the years since the original construction in 1948. Some units have been updated more recently- unit 9 5 was the most recent unit that was remolded with new flooring, bathroom tiles, kitchen cabinets. Property 2 The interiors of the retail units need to be extensively remolded to lease them out. The interiors of the stores is non ADA compliant in every area from entrances to the bathrooms. There is a broken glass door. Property 3 The 1st floor restaurant is in fair condition with the interior being maintained by the lease holder. However, there are numerous non-compliant ADA issues that are basically "grandfathered-in"to the leased space,from the entrances,thresholds to bathrooms. There are several "trip hazards" with flooring, thresholds The 2nd floor offices are also non-compliant with ADA. There is no elevator or chair lift to take someone to the 2nd floor. In effect limiting one's access to the 2nd floor, Therefore, any person with a physical disability would not be able to access the 2nd floor offices or leaving the business &property owner open to potential litigation. 1007 N. Federal Hwy Suite 224 Fort Lauderdale, FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Count Eng' 954 767-5955 Broward & Inspecons nc 561880-7930 palm peach www.tricountvinspccdonxonr 305 747-9445 bade Electrical Property 1 The overall condition of the electrical system appears to be in Good condition. Overhead electrical service is delivered to the subject property via transformers to the main service panels of each building on the subject property. First Floor- The electrical system has been updated at various times since the original construction in 1948. However, there are some outlets they have not been upgraded to GFI's Second Floor- The units have upgraded panels since the original construction. All panels are GE or similar. Some residential units do not have GFIs near sinks because they are "grandfathered-in" with no updates in those units or areas since the GFI outlet code went into effect. Property 2 The overall condition of the electrical system appears to be in fair condition. Overhead electrical service is delivered to the subject property via transformers to the main service panels of each building on the subject property. The panels are original to the 1958 construction All 3 units or depending on how many units are created in the footprint of the building will need to be updated. Property 3 The overall condition of the electrical system appears to be in Good condition. Overhead electrical service is delivered to the subject property via transformers to the main service panels of each building on the subject property The I" floor space has several panels throughout. The lease holder maintains the electrical system even if the lease says different. 1007 N. Federal Hwy Suite 224 Fort Lauderdale, FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Count Eng' 954 767-5955 Broward & Inspecons nc 561880-7930 balm peach www.tricuuntvinspccdonxonr 305 747-9445 bade The 2nd floor offices have several panels have been updated. There are no GFIs in the bathrooms or kitchenet area. There was no exposed cloth wiring aluminum branch wiring or double taps Plumbing Property 1 The overall conditions of the common plumbing systems were reported to be in good condition and were working at the time of the inspection. Domestic water is provided to the subject property from a municipal main line. Water supply lines are copper and/or PVC. Sanitary drainage and vent piping are reported to be PVC. Property 2 The overall conditions of the common plumbing systems were reported to be in fair condition and were working at the time of the inspection. Domestic water is provided to the subject property from a municipal main line. Water supply lines are copper and/or PVC. Sanitary drainage and vent piping are reported to be PVC Property 3 The overall conditions of the common plumbing systems were reported to be in fair condition and were working at the time of the inspection. Domestic water is provided to the subject property from a municipal main line. Water supply lines are copper and/or PVC. Sanitary drainage and vent piping are reported to be PVC. Water heaters tanks were observed in the 529 E. Ocean Ave. Hurricane Alley tenant space only 1007 N. Federal Hwy Suite 224 Fort Lauderdale, FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Count Eng' 954 767-5955 Broward & Inspecons nc 561880-7930 palm peach www.tricuuntvinspccdonxonr 305 747-9445 bade HVAC Property 1 The overall condition of the heating and cooling systems is reported to be in average condition. Heating and cooling for tenant suites is provided by a mixture of individual HVAC and/or communal HVAC system—including package and split air conditioning units of various manufacturers, ages, and conditions 1st Floor Ground SN: 16033TGD2F 1/2016 1st Floor Package SN: 4184PDL3H 4/2004 1st Roof Split SN: W441403712 11/2014 2"d Floor Split SN: 1301617026 3/2013 2"d Floor Split SN: W3517332317 09/2017 2"d Floor Split SN: W122029119 03/2020 2"d Floor Split SN:1308119799 02/2013 2"d Floor Split 5 SN:7995W351101639 08/2011 Property 2 The overall condition of the heating and cooling systems is reported to be in fair to poor condition. Heating and cooling for tenant suites is provided by a mixture of individual HVAC and/or communal HVAC system—split air conditioning units of various manufacturers, ages, and conditions. Several HVAC systems were not in working order within the 515 E. Ocean Ave. retail spaces. Roof SN:8390W161301250 04/2013 Roof SN:0803109130 08/2013 Roof SN:09050292215 05/2009 Roof Unreadable Roof Unreadable Roof Unreadable 1007 N. Federal Hwy Suite 224 Fort Lauderdale, FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Count Eng' 954 767-5955 Broward & Inspec ons nc 561880-7930 Palm peach www.tricuuntvinspccdonxonr 305 747-9445 bade Property 3 The overall condition of the heating and cooling systems is reported to be in average condition. Heating and cooling for tenant suites is provided by a mixture of individual HVAC and/or communal HVAC system—including package and split air conditioning units of various manufacturers, ages, and conditions. Also, there are hoods, refrigerators, freezers, grease traps, etc. that are associated with the 529 E. Ocean Ave.,Hurricane Alley, tenant space. Further investigation is recommended to determine exactly which of the mechanical systems are the responsibility of the landlord. These systems were not inspected or counted. However, a general visual survey of the units was performed during the walk-through survey. Ground SN:289D133001963-1 04/2013 Roof SN:1111672224 01/2011 Roof SN:1918L46444 11/2018 Roof SN: W201410337 05/2014 Roof SN: W121930000 03/2019 Roof SN: W0911723446 03/2017 ADA Compliant Property 1 This property in non-compliant* *This Property Condition Assessment provides a limited preliminary visual inspection of the ADA features of the subject property based on general ADA compliance guidelines, excluding any measurements or counts. This PCA is not an in-depth ADA or SHA survey or audit. Our observations are limited to the places of public accommodation on the subject property. Non-compliant ADA issues may exist which are not stated in this report. Property 2 This property is non-compliant* This Property Condition Assessment provides a limited preliminary visual inspection of the ADA features of the subject property based on general ADA compliance guidelines, 1007 N. Federal Hwy Suite 224 Fort Lauderdale, FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Count Eng' 954 767-5955 Broward & Inspec ons nc 561880-7930 Palm peach www.tricuuntvinspecdonxonr 305 747-9445 bade excluding any measurements or counts. This PCA is not an in-depth ADA or SHA survey or audit. Our observations are limited to the places of public accommodation on the subject property. Non-compliant ADA issues may exist which are not stated in this report. Property 3 This property in non-compliant This Property Condition Assessment provides a limited preliminary visual inspection of the ADA features of the subject property based on general ADA compliance guidelines, excluding any measurements or counts. This PCA is not an in-depth ADA or SHA survey or audit. Our observations are limited to the places of public accommodation on the subject property. Non-compliant ADA issues may exist which are not stated in this report. Tri-County Engineering &Inspections,Inc. makes no warranty that all problems have been addressed. No "Sellers Disclosure" was offered by the owner or listing agent. As the present owner has owned the property for 8 years, that would be able to offer more insight as to previous problems/issues. The purpose of this Standard Residential Building Inspection was to identify general items of concern to the client. Information gathered dining this limited visual inspection and presented in this report may not address every prohlem that may exist with the property. Tri-County Engineering & Inspections, Inc. makes no warranty that all problems have been addressed. 1007 N. Federal Hwy Suite 224 Fort Lauderdale, FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Count Eng' 954 767-5955 Broward & Inspecons nc 561880-7930 palm peach www.tricuuntvinspccdonxonr 305 747-9445 bade If there are any questions concerning this report please contact TCE&I. It's the responsibility of either the Buyer or Seller to make any of these repairs. Please contact the Agent or Attorney for counsel in this area. The COSTS associated with these items assumes that licensed professional trades are used. W. ScottPluto CGC 1507049 HI 5268 CCC1333212 Senior Building Inspector State Licensed Home Inspector State Linseed Roofing Contractor State Licensed General Contractor Tri-County Engineering & Inspection, Inc. 1007 N. Federal Hwy Suite 224 Fort Lauderdale, FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com iio u % Entering erin 954 767-5955 r 'on ne 561880-7930 Palm Beach r r° � t�^► � . r, 305 747-9445 Dade PCA-ASTM 2018 Date: October 12 2021 Client Name: Boynton Beach CRA Subject Property: 511-529 E. Ocean Ave Boynton Beach, FL. 33435 Subject Property tt1 i� t4y'S y; r7f}t l i i y Sytl������ I 41 1 61 , S y is 1007 N. Federal Hwy Suite 224 Fort Lauderdale, Florida 33304 954-767-5955 1561-880-7930 1305-747-9445 INFO@TCEIFL.COM Tri Cour En to rrin 954 767-5955 'Broward .561880-7930 Palm Beach y �rrt t r °trr pa �rc�r. rrry 305 747-9445 Oad+ October 12th, 2021 City of Boynton Beach CRA 100 E. Ocean Ave Boynton Beach, FL 33435 Subject: Property Condition Assessment Report 511-529 E. Ocean Ave. Boynton Beach, FL 33435 Dear City of Boynton Beach CRA: Tri-County Engineering & Inspections, Inc. (TCE&I) is pleased to provide the results of the property condition assessment (PCA) performed on the above-referenced property. This assessment was performed in general conformance with the scope and limitations as set forth by the ASTM 92018-15 "Standard Guide for Property Condition Assessments: Baseline Property Condition Assessment Process." The findings are detailed in the attached report. This assessment was performed utilizing methods and procedures consistent with good commercial or customary practices designed to confirm to acceptable industry standards. The independent conclusions represent TCE&I's best professional judgement based upon existing conditions and the information and data available to us during the course of this assignment. We appreciate the opportunity to provide these assessment services. If you have any questions concerning this report or if we can assist you in any other matter, please feel free to contact us directly at 1-954-767-5955. Sincerely, W. Scott Pluto Senior Inspector CGC 1507049 1 HI 5268 1007 N.Federal Hwy Suite 224 2 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward y �rrt t r °trr pa �rc�r. rrry 305 747-9445 Oad+ CONTENTSTABLE OF 1.0 EXECUTIVE SUMMARY & PROPERTY DESCRIPTION............................................ 5 1.1 Property Description....................................................................................................... 5 1.2 Overall Site Condition .................................................................................................... 7 1.3 Immediate & Deferred Repair Items............................................................................... 7 2.0 PURPOSE, SCOPE, & LIMITATIONS............................................................................. 9 2.1 Purpose............................................................................................................................ 9 2.2 Scope of Work& Limitations......................................................................................... 9 2.3 Deviation from ASTM E2018-15 ................................................................................. 10 2.4 Qualifiers/Terminology................................................................................................ 11 2.5 Cost Evaluation Methodology ...................................................................................... 12 3.0 DOCUMENT REVIEW & DATA COLLECTION......................................................... 13 3.1 Site Reconnaissance...................................................................................................... 13 3.2 Personnel Interviewed/Contacted................................................................................ 13 3.3 Regulatory Compliance Inquiry.................................................................................... 13 3.4 Document Review......................................................................................................... 14 4.0 SITE/ TRACT IMPROVEMENTS .................................................................................. 15 4.1 Topography & Storm Drainage .................................................................................... 15 4.2 Pavement, Curbing, and Parking .................................................................................. 15 4.3 Perimeter Walls, Gates, & Fences ................................................................................ 16 4.4 Landscaping & Appurtenances..................................................................................... 16 4.5 Exterior Lighting........................................................................................................... 16 4.6 Site & Building Signage ............................................................................................... 16 4.7 Refuse Transfer Area(s)................................................................................................ 17 4.8 Utility Service Providers............................................................................................... 17 4.9 Section 4 Photos............................................................................................................ 18 .0 FRAME & ENVELOPE................................................................................................... 21 5.1 Substructure .................................................................................................................. 21 5.2 Superstructure............................................................................................................... 21 5.3 Roofing ......................................................................................................................... 21 5.3.1 Surfacing & Flashing............................................................................................ 21 5.3.2 Drainage................................................................................................................ 22 1007 N.Federal Hwy Suite 224 3 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward y �rrt t r °trr pa �rc�r. rrry 305 747-9445 Oad+ 4 5.3.3 Roof-Mounted Items............................................................................................. 23 5.4 Exterior Walls, Windows, & Doors.............................................................................. 23 5.4.1 Exterior Walls....................................................................................................... 23 5.4.2 Windows ............................................................................................................... 23 5.4.3 Doors..................................................................................................................... 24 5.5 Stairs, Balconies, & Elevated Walkways...................................................................... 24 5.5.1 Interior Stairs ........................................................................................................ 25 5.6 Section 5 Photos............................................................................................................ 26 6.0 PLUMBING, MECHANICAL, & ELECTRICAL SYSTEMS ....................................... 32 6.1 Plumbing....................................................................................................................... 32 6.2 Mechanical.................................................................................................................... 32 6.3 Electrical ....................................................................................................................... 33 6.4 Life Safety Systems ...................................................................................................... 34 6.4.1 Fire Suppression Systems ..................................................................................... 34 6.4.2 Alarm Systems...................................................................................................... 34 6.5 Section 6 Photos............................................................................................................ 35 7.0 ADA OVERVIEW............................................................................................................ 36 7.1 Section 7 Photos............................................................................................................ 38 8.0 INTERIOR ELEMENTS.................................................................................................. 39 8.1 Common Areas ............................................................................................................. 39 8.2 Tenant Areas................................................................................................................. 39 8.2.1 Tenant Spaces ....................................................................................................... 39 8.2.2 Tenant Area Finishes ............................................................................................ 39 8.3 Section 8 Photos............................................................................................................ 40 9.0 NATURAL HAZARD INFORMATION......................................................................... 48 9.1 Flood............................................................................................................................. 48 9.2 Wind.............................................................................................................................. 48 9.3 Seismic.......................................................................................................................... 48 10.0 APPENDIX A: SITE PHOTOGRAPHS ......................................................................... 50 11.0 APPENDIX B: SUPPORTING DOCUMENTATION.................................................... 64 1007 N.Federal Hwy Suite 224 4 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward .561880-7930 Palm Beach y �rrt t r °trr pa �rc�r. rrry 305 747-9445 Dad 1.0� EXECUTIVE SUMMARY &PROPERTY DESCRIPTION TCEM has performed a property condition assessment(PCA) of the parcel and improvements defined in the following table (the "subject property"). The assessment was performed in general accordance with ASTM E2018-15 "Standard Guide for Property Condition Assessments: Baseline Property Condition Assessment Process." The purpose of this Property Condition Assessment was to observe and document readily-visible materials and building system defects that might significantly affect the value of the subject property, and determine if conditions exist which may have a significant impact on the continued operation of the facility during the evaluation period. This property contains two parcels. 1.1 Property Description INS c, J pi s, r tc +fit 01 _ n i � rr �14r� ��),��tr -�s � r� �}yli ������l�(�tts�t����t t�51 �t rti 1 LV. t jar i i j�1��. t�� M Q A � f r" 4 fir r. ■ Source:Google Earth 1007 N.Federal Hwy Suite 224 5 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 9;x'4 767-5955 'Broward Inspec on nc .561880-7930 Palm Beach y �rrt t r °trr pa �rc�r. rrry 305 747-9445 Oad+ ' 500 Ocean Properties, LLC. Building 1: 511 E. Ocean Ave. Building 2: 515 E. Ocean Ave. Building 3: 529 E. Ocean Ave. Building 1: 08-43-45-28-03-006-0100 1 Building 2: 08-43-45-28-03-006-0111 Building 3: 08-43-45-28-03-006-0120 ' 1200 - STORE/OFFICE/RESIDENTIAL 3 12 Building 1: Two (2) Stories Building 2: One (1) Story Building 3: Two (2) Stories Building 1: 7,702 SF Building 2: 4,104 SF i Building 3: 5,644 SF Total: 17,450 SF* *These SF numbers do not include stairways and/or accessways to the apartments. 17,450 SF Building 1: .1545 Acres Building 2: .1134 Acres Building 3: .1431 Acres Total: 0.411 Acres Building 1: 1922 Building 2: 1958 Building 3: 1948 • Concrete perimeter spread footings with reinforced concrete slabs-on-grade Reinforced concrete block Masonry Flat roofs covered with membrane materials (i.e. modified and rubberized membranes) Street side and undesignated off-road gravel parking at rear 0 designated 10 ADA Spaces Various package and split systems Various package and split systems Copper Various water heater tanks or none Copper None Fire extinguishers 1007 N.Federal Hwy Suite 224 6 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 95'4 767-5955 'Broward .561880-7930 r Beach y �rrt t r °trr pa �rc�r. rrry 305 747-9445 Oad+ 1.2 Overall Site Condition TCE&I evaluates the subject property to be in average condition for its age and usage. The table below lists recent capital improvements reported by management in the PCA questionnaire. Pavement N/A N/A Exterior Maintenance (painting 2016 Painted and sealed all caulking, etc.) three buildings Roof Repairs &Replacement 2020 Replaced 511 & 515; Coated 529 HVAC Equipment Unknown Unknown Plumbing Equipment Unknown Unknown Interior Finishes Unknown Unknown The current ownership/property management reported no planned capital improvements. The detailed observations of reviewed systems are presenting in the following sections of this report along with tabulated opinions of cost presented in the Appendices. 1.3 Immediate &Deferred Repair Items In accordance with ASTM E2018-15 "Standard Guide for Property Condition Assessments: Baseline Property Condition Assessment Process," TCE&I has prepared opinions of probable costs for items or conditions that require immediate action as a result of the following: (1) material existing or potential unsafe conditions; (2) material building code or fire code violations; and/or (3) conditions, that if left uncorrected, have the potential to result in, or contribute to, critical element or system failure within one year or may result in a significant increase in remedial cost. 1007 N.Federal Hwy Suite 224 7 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Count Eng' 954 767-5955 Broward & Inspec ons ne 561880-7930 Palm Beach www.tricountvinspection.conr 305 747-9445 bade An opinion of cost to address these items in included in Table 1- Immediate Repair and Deferred Maintenance Cost Opinion. Table 1-Immediate Repair &Deferred Repair Cost Opinion 4.0- Site/Tract Improvements Concrete 4.2-Pavement, Curbing, & Pavement—Rear 10,000.00+ Repairs required to Parking of 529 E. Ocean eliminate trip hazards Ave. 5.0-Frame&Envelope 5.5- Stairs,Balconies, & Repair Interior Elevated Walkways Stairway-529 E. $15,7500.00 Repair unlevel staircase Ocean Ave. 6.0-Plumbing,Mechanical, & Electrical Systems 6.1-Plumbing Unknown Unknown Depending on Tenant Use Mechanical AC Replacements— Replace six (6) split AC Re 6.2-Mechanical Re a Ocean $24,000.00 units in the tenant spaces Ave. that were not working Electrical Replace six(6) Zinsco 6.3-Electrical Upgrade-515 E. $ 15,000.00 electrical circuit breaker Ocean Ave. panels 1007 N.Federal Hwy Suite 224 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri CounEn in rrin 954 767-5955 'Broward � n .561880-7930 llr Beach y �rrt t r °trr pa �rc�r. rrry 305 747.9445 Oad 2.0 PURPOSE, SCOPE, &LIMITATIONS 2.1 Purpose Tri-County Engineering & Inspection, Inc. was retained to conduct a Property Condition Assessment of the subject property. The purpose of this assessment is to provide an objective, third-party, and professional opinion of the potential repairs associated with the subject property. 2.2 Scope of Work& Limitations Walk-Through Survey: This report is based on observations made during the property "walk-through." Observations were limited to "representative" property improvements including exterior surfaces and open spaces, accessible areas of the roof, representative units, and mechanical, staff, vacant and common areas. No inspection or investigation behind walls, inside plenums or in any other generally inaccessible areas was performed. The investigation of the building facade was performed from street and/or balcony level. The riding of scaffolding equipment was not part of the scope of Tri-County Engineering & Inspections, Inc.'s services. No physical tests were made nor were any samples for engineering analysis collected. As such, Tri-County Engineering & Inspections, Inc. Environmental makes no warranties regarding EIFS systems, curtain walls or other building skin conditions that would not be readily observable and would, therefore, be considered outside the scope of this assignment. Reliance was placed on the accuracy and disclosure of property representatives. Tri-County Engineering Inspections,Inc. makes no warranty that there are no other defects with this property. Property/ Site Features: Observations were conducted at the property as to the type, condition and adequacy of the following items: general topography, storm water drainage, ingress and egress,paving, curbing and parking, flatwork, landscaping and appurtenances, recreational facilities, amenities and ancillary structures, and utilities. 1007 N.Federal Hwy Suite 224 9 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward y �rrt t r °trr pa �rc�r. rrry 305 747-9445 Oad+ Building Frame and Envelope: Observations were conducted at the property as to the type, condition and adequacy of the following items: substructure, superstructure, facade, and roofing. Plumbing, Mechanical and Electrical: Observations were conducted at the property as to the type,condition and adequacy of the following items:plumbing,heating,ventilation and air conditioning, electrical, and elevators/escalators. Information in this report, concerning equipment operation, condition of spaces and concealed areas not observed or viewable and for the disclosure of known problems, if any, is from sources deemed to be reliable, including, but not limited to property managers and maintenance personnel; however,no representation or warranty is made as to the accuracy thereof. No PCA can wholly eliminate the uncertainty regarding the presence of physical deficiencies and the performance of a subject property's building systems. Furthermore, there may be other alternate or more appropriate schemes or methods to remedy the physical deficiency. The Property Condition Assessment included a preliminary Americans with Disabilities Act(ADA) evaluation which is a visual accessibility survey consisting of a limited scope visual survey. The baseline scope of work excludes limited measurements and counts. Since the evaluation is limited in scope and is based on representative sampling, non- compliant conditions may exist which will not be identified as a result of the assessment. This evaluation screening is not to be considered an in-depth ADA or FHA survey or audit. The opinion regarding ADA compliance should be considered preliminary. The purpose of the limited visual survey is to provide a general observation of the level of attention paid to keeping the property ADA compliant. 2.3 Deviation from ASTM E2018-15 ASTM E2018-15 requires disclosure of any deviation from the Standard. The deviations listed below were specified in scope of work. These deviations are intended to make the 1007 N.Federal Hwy Suite 224 10 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 95'4 767-5955 'Broward .561880-7930 llr Beach y �rrt t r °trr pa �rc�r. rrry 305 747-9445 Oad+ PCA more comprehensive. The following is a list of the deviations from, and additions to ASTM E2018-15. The PCA performed for this report is not a comprehensive Americans with Disabilities Act review. During the assessment, only visual observations were performed without taking any measurements. The assessment is generally limited to common areas of the subject property unless previously requested otherwise. Items noted typically include accessible parking spaces, accessible routes to building entrances, and observations of interior publicly-accessible areas. Even within this limited scope, all components of federally- required accessibility are not audited.Instead,this review noted general design components such as routes of travel, door hardware,plumbing amenities, elevator controls and signals, basic emergency alarm components and signage which can be visually verified. This report also does not address any locally-administered accessibility requirements. A comprehensive survey would be necessary to determine if a property meets all of the requirements of the ADA. This PCA also includes flood, wind, and seismic zone information. 2.4 Qualifiers/Terminology The following definitions and terminology are used in this report regarding the physical condition of the project, and the estimate life expectancies/ age of the components and systems. Excellent New or like-new condition. Good well maintained, may exceed expected useful life. No immediate or potential concerns. Average Satisfactory, some signs of wear and possible minor immediate repairs. Component/system condition consistent with their expected useful life. Fair Marginally satisfactory. Some immediate repairs are required. Component/ system at or near the end of their useful life. Poor Immediate concerns, major replacements, and/or significant attention required. 1007 N.Federal Hwy Suite 224 11 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward .561880-7930 Palm Beach y �rrt t r °trr pa �rc�r. rrry 305 747-9445 Oad+ 2.5 Cost Evaluation Methodology Estimates are based on construction costs developed by construction resources such as Marshall & Swift/ Core Logic, TCE&I's experience with past costs for similar projects, city cost indexes, consulting with local specialty contractors, client-provided information, and assumptions regarding future economic conditions. Actual costs may differ from TCE&I's opinions. Actual cost estimates are determined by many factors including but not limited to: choice and availability of materials, choice and availability of a qualified contractor, regional climate zone, quality of existing materials, site compatibility, and access to the subject property and buildings. Opinion of costs are based solely on material replacement and do not account for soft costs. Items included in the replacement reserve table are determined based upon the estimated useful life (EUL) of a system or component, the effective age (EA) of the system, and the remaining useful life (RUL) of that system. Factors that may affect the age and condition of a system include,but are not limited to,the frequency of use, exposure to environmental elements, quality of construction and installation, and amount of maintenance provided. Based on these factors, a system may have an effective age that is greater or less than its actual chronological age. Routine maintenance costs are not included as part of this assessment. 1007 N.Federal Hwy Suite 224 12 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri CounEn in rrin 9;x'4 767-5955 'Broward � n .561880-7930 Beach y �rrt t r °trr pa �rc�r. rrry 305 747.9445 Dad 3.0 DOCUMENT REVIEW &DATA COLLECTION 3.1 Site Reconnaissance This report is based on the site visit conducted by W. Scott Pluto and Matthew Sanabria on October 5h 2021 through October 8h 2021 during normal business hours. The weather at the time of the walk-through was partly cloudy with temperatures of approximately 85 degrees Fahrenheit. TCE&I was provided access by Christian Macoviak, one of managing members of the current property ownership entity, 500 Ocean Properties, LLC. 3.2 Personnel Interviewed/Contacted The following personnel from the subject facility were interviewed as part of the preparation of this report. Information obtained from the interviews is incorporated into the appropriate sections of this report. II pill , 1 Chrisian Macoviak I Managing Member of 500 Ocean Properties, LLC. 1 1-561-910-6202 3.3 Regulatory Compliance Inquiry The following tables list the various regulatory compliance agencies used to determine the regulatory compliance of the subject property pertaining to the following: building codes, fire/life safety, and zoning. Municipality City of Boynton Beach Contact/ City of Boynton Beach CRA Source Open Please refer to the comprehensive lien/violation search provided by the Violations Boynton Beach CRA Comments Please refer to the comprehensive lien/violation search provided by the Boynton Beach CRA 1007 N.Federal Hwy Suite 224 13 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri CounEn in rrin 954 767-5955 'Broward � n .561880-7930 llr Beach y �rrt t r °trr pa �rc�r. rrry 305 747-9445 Oad Municipality City of Boynton Beach Contact/ City of Boynton Beach CRA Source Open Please refer to the comprehensive lien/violation search provided by the Violations Boynton Beach CRA Comments Please refer to the comprehensive lien/violation search provided by the Boynton Beach CRA Municipality City of Boynton Beach Contact/ Palm Beach County Zoning Map & City of Boynton Beach Zoning Map Source Zoning CBD - CBD CENTRAL BUSINESS DISTRICT(08-BOYNTON BEACH) Use 1200 - STORE/OFFICE/RESIDENTIAL Open None Violations Comments According to the current zoning map and current use of the subject property, there do not appear to be any issues. The information provided on this list does not constitute a detailed investigation. If possible, TCE&I confirmed the provided information with on-site observations. Information provided by others is assumed to be factual and complete. 3.4 Document Review TCE&I has reviewed the following researched and owner-provided documents as part of this assessment. Information obtained from these documents and other informational sources are incorporated in the appropriate sections of this report. If available, copies of the referenced documentation are included in the appendices. • Palm Beach County Property Appraiser • City of Boynton Beach Code Enforcement website • PCA Questionnaire 1007 N.Federal Hwy Suite 224 14 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri CounEn in rrin 954 767-5955 'Broward � n .561880-7930 Palm Beach y �rrt t r °trr pa �rc�r. rrry 305 747-9445 Oad 4.0 SITE/TRACT IMPROVEMENTS 4.1 Topography &Storm Drainage Overall, the topography and drainage at the property appear to be in good condition. The general vicinity is relatively flat. No unusual or problematic features were noted as it pertains to the topography contained within or immediately surrounding the subject property. The runoff from the buildings' roofs is directed to gutter/downspout systems. Storm water is primarily discharged via sheet flow action at grade level across the paved surfaces into the pervious areas along the perimeter of the property in addition to municipal storm drains located along E. Ocean Ave. The subject property is located within approximately 1,500 linear feet of the Intracoastal Waterway and approximately 4,000 linear feet of the Atlantic Ocean. 4.2 Pavement, Curbing, and Parking Overall, the pavement and curbing of the subject property appear to be in average condition, with some areas of concrete pavement in poor condition at the rear of 529 E. Ocean Ave. Pedestrian walkways on the subject property consist of concrete paved sidewalks along the storefronts facing E. Ocean Ave. and along limited areas at the rear of the property. Non notable trip hazards were noted on the concrete pavement along the front of the property. However, several trip hazards including damaged, cracked, and uneven concrete pavement was observed at the rear of the Hurricane Alley tenant space located at 529 E. Ocean Ave. Vehicular paving on the subject site consists of asphalt paved public street side parking and an asphalt paved public street/ alley at the rear of the property. Additionally, there is a public parking lot located on the adjacent parcel immediately due north of the subject property, which is owned by the City of Boynton Beach CRA. 1007 N.Federal Hwy Suite 224 15 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward .561880-7930 Palm Beach y �rrt t r °trr pa �rc�r. rrry 305 747-9445 Oad+ 4.3 Perimeter Walls, Gates, & Fences The subject property contains no perimeter fencing or walls. However, the 515 E. Ocean Ave. building within the subject property contains metal gates on either side of the breezeway at the center of the building, which provides access to six (6) individual retail tenant spaces. 4.4 Landscaping&Appurtenances Overall, the landscaping of the subject property is minimal, limited to a few trees and shrubs,which appear to be maintained by nature. The landscaping on the subject property is primarily located along the rear of the subject property and is in fair condition. 4.5 Exterior Lighting Overall, the exterior lighting appears to be in average condition. Outdoor lighting is provided by a combination of wall-mounted sconces on the structures and municipal pole-mounted lights along E. Ocean Ave. This walk-through survey was conducted during daylight hours; therefore, lighting operation and effectiveness could not be verified. However, based on the number of exterior lights, the exterior illumination levels appear to be adequate. 4.6 Site&Building Signage Overall, the site and building signage are in good condition. However, the 515 E. Ocean Ave. building is completely vacant, and the signage is in poor condition. The property/ building addresses are displayed with a combination of wall mounted numbering and/or canopy graphics along E. Ocean Ave. Tenant suite identification is generally provided by door and/or wall mounted numbering. 1007 N.Federal Hwy Suite 224 16 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward .561880-7930 Palm Beach y �rrt t r °trr pa �rcr. rrry 305 747-9445 Oad+ 4.7 Refuse Transfer Area(s) Solid waste generated at the subject property is discarded via one or more solid waste containers/dumpsters located long the rear of the property. The solid waste containers are neither housed in an enclosure of any kind nor on a paved area, such as a concrete or asphalt paved container pad. 4.8 Utility Service Providers Electric Florida Power&Light Drinking Water City of Boynton Beach Sanitary Sewer Storm City of Boynton Beach Water Trash City of Boynton Beach Gas Florida Public Utilties The information provided on this list does not constitute a detailed investigation. If possible, TCE&I confirmed the provided information with on-site observations. Information provided by others is assumed to be factual and complete. 1007 N.Federal Hwy Suite 224 17 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward .561880-7930 Palm Beach y �rrt t r °trr pa �rc�r. rrry 305 747-9445 Oad+ 4.9 Section 4 Photos r r r. s � £ Undesignated Parking Area- Rear of 511 E. Ocean Ave. Y F z rr Municipal Storm Drains- Typical 1007 N.Federal Hwy Suite 224 18 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward Inspec On lnc .561880-7930 Palm Beach y �rrt t r °trr pa �rcr. rrry 305 747-9445 Oad+ d L Mum ;n No Dumpster Enclosure as Required by City Code .t Rear Alley Pavement 1007 N.Federal Hwy Suite 224 19 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward Inspec on nc .561880-7930 Palm Beach y �rrt t r °trr pa �rcr. rrry 305 747-9445 Oad+ t�4 Concrete Pavement Trip Hazards- 529 E. Ocean Ave. (rear) 3 � s t f,a" afl ; � f �J y(t {i Concrete Pavement/Walkway- 515 E Ocean Ave. (rear) 1007 N.Federal Hwy Suite 224 20 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward y �rrt t r °trr pa �rc�r. rrry 305 747-9445 Oad+ 5.0 FRAME &ENVELOPE 5.1 Substructure Foundations appeared to be constructed of concrete perimeter spread footings with reinforced concrete slabs on grade. The information above is not verified,but is based on experience with buildings of similar type, size and location. Verification of below grade construction could not be performed, but the observed floors generally appeared to be level with no unusual or significant displacement. 5.2 Superstructure Overall, the superstructures of the buildings appear to be in good condition. The three (3) buildings contained within the subject property are classified as ISO-2 JM. Each building is constructed of reinforced CBS bearing walls that support wood trusses and wood roof decks. Superstructure members were observed where possible. No significant signs of deflection or movement were observed. No sign of excessive water intrusion was observed. 5.3 Roofing 5.3.1 Surfacing& Flashing Overall, the roof coverings are in average condition for their age. 511 E. Ocean Ave. contains three(3)roof areas, including: one(1)roof area above the first story,which provides egress for the second-story tenants and is covered with a hot-mopped granulated modified membrane material; and two (2) roof areas above the second story 1007 N.Federal Hwy Suite 224 21 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En in rring 954 767-5955 'Broward Inspec on nc .561880-7930 Palm Beach y �rrt t r °trr pa �rc�r. rrry 305 747-9445 Oad+ apartments, which are covered with a TPO/ EDPM or similar rubberized membrane material. 515 E Ocean Ave contains one roof area that is covered with a TPO/ EPDM or similar rubberized membrane material. 529 E. Ocean Ave. contains one roof area that is covered with a hot-mopped granulated modified membrane material. This roof covering was coated with a polyurethane waterproof coating in 2020. There were no notable deficiencies observed as it pertains to any of the roof coverings, as they appear to be well maintained by the current owner. Also,the parapet walls are covered with metal caps to provide extra resistance against water intrusion into the exterior walls from the roof areas. According to an online search with the local municipality, the following documented re- roof permits were located: • Building 1 (511 E. Ocean Ave.): Re-Roof Permit No. 20-00000836 App. Date: 02/21/2020 • Building 2 (515 E. Ocean Ave.): Re-Roof Permit No. 20-00000835 App. Date: 02/21/2020 • Building 3 (529 E. Ocean Ave.): Re-Roof Permit No. 20-00001281 App. Date: 03/19/2020 5.3.2 Drainage Each building is equipped with a scuppers and downspouts. Rainwater is mitigated through these downspouts and is discharged via sheet flow action across the paved surfaces and/or into the pervious areas at grade level. There were no notable deficiencies observed as it pertains to the roof drainage systems. 1007 N.Federal Hwy Suite 224 22 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward .561880-7930 Palm Beach y �rrt t r °trr pa �rc�r. rrry 305 747-9445 Oad+ 5.3.3 Roof-Mounted Items Roof-mounted items on the subject property include primarily mechanical equipment on all three buildings, which are mounted on stands and/or curbs. 5.4 Exterior Walls, Windows, &Doors 5.4.1 Exterior Walls Overall, the facades appear to be in average condition and well maintained by the current owner. The buildings facades consist of stucco over masonry exterior walls. According to the current owner, as described in the PCA questionnaire, the exterior walls were sealed and painted in 2016. There were no notable deficiencies observed as it pertains to the exterior walls of the buildings within the subject property. 5.4.2 Windows Overall, the windows appear to be in average condition for their age,with the exception of one missing storefront windowpane that was observed in 515 E. Ocean Ave. Openings in the masonry facades have been created to provide fenestration and avenues for building entrances. Fenestration consists of single pane glass and storefront windows set in anodized aluminum frames. However, the storefront system of 529 E. Ocean Ave. appears to be constructed of wood window and door frames. Additionally, as mentioned above, one storefront windowpane was noted as missing (but covered with plywood) in 515 E. Ocean Ave. No signs of active window leaks or condensation were observed at the time of the walk- through. 1007 N.Federal Hwy Suite 224 23 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward .561880-7930 Palm Beach y �rrt t r °trr pa �rc�r. rrry 305 747-9445 Oad+ 5.4.3 Doors Overall, the doors appear to be in average condition. Entry doors on the subject property vary in terms of material and type, but predominantly consist of storefront entry doors that are part of the storefront window systems as described in section 5.4.2 and wood, metal, or fiberglass doors slabs. The storefront doors of 515 E. Ocean Ave. building consist of glazed doors that are set in anodized aluminum frames with standard hardware. The service/ rear entry doors are constructed of metal. The exterior entry doors to the second-story apartment units are hollow-core metal or fiberglass doors mounted in metal frames. The storefront doors of 529 E. Ocean Ave. are constructed with wood door frames. The service/rear entry doors at the rear of the Hurricane Alley tenant space within the building are constructed of solid wood. Other exterior entry doors to the second-story units are hollow-core metal or fiberglass doors mounted in metal frames. 5.5 Stairs,Balconies, &Elevated Walkways 511 E. Ocean Ave. has an exterior staircase at the rear of the building that is constructed of wood. This staircase appears to be the only egress for the second story apartments units. This staircase appears to be in average condition. No notable deficiencies were observed at the time of the walk-through survey. 529 E. Ocean Ave. has an exterior staircase at the rear of the building that is constructed of wood. This staircase has a wood landing that provides access to two (2) of the second- story office units above the Hurricane Alley tenant space. No notable deficiencies were observed at the time of the walkthrough-survey. 1007 N.Federal Hwy Suite 224 24 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En in rring 954 767-5955 Broward Inspec on nc .561880-7930 Palm Beach y �rrt t r °trr pa �rc�r. rrry 305 747-9445 Oad+ 5.5.1 Interior Stairs 529 E. Ocean Ave. has an interior staircase that is constructed of wood. This staircase provides access to second-story offices above the Hurricane Alley tenant space. This interior staircase does not appear to be level; instead,the staircase appears to be slanting to one side. Further evaluation by a licensed structural engineer is recommended to evaluate the structural integrity of the staircase and determine the extent of repair/ replacement required. The estimated cost to repair the staircase could not be determined, as further evaluation is required. 1007 N.Federal Hwy Suite 224 25 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward .561880-7930 llr Beach y �rrt t r °trr pa �rcr. rrry 305 747-9445 Oad+ 5.6 Section 5 Photos SJ I ' Aerial View of Subject Property .F J L Roof Covering (Lower Roof Area)- 511 E. Ocean Ave. 1007 N.Federal Hwy Suite 224 26 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward Inspec on nc .561880-7930 Palm Beach y �rrt t r °trr pa �rc�r. rrry 305 747-9445 Oad+ V4t f , t . Roof Covering (Upper Roof Area 1)- 511 E. Ocean Ave. t �, r�tl�, � r t „ Roof Covering (Upper Roof Area 2)- 511 E. Ocean Ave. 1007 N.Federal Hwy Suite 224 27 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward Inspec on nc .561880-7930 Palm Beach y �rrt t r °trr pa �rc�r. rrry 305 747-9445 Oad+ Roof Covering- 515 E. Ocean Ave. Roof Covering- 529 E. Ocean Ave. 1007 N.Federal Hwy Suite 224 28 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Coon En to rrin 954 767-5955 'Broward Inspec on nc .561880-7930 Palm Beach y �rrt t r °trr pa �rcr. rrry 305 747-9445 Oad+ Y. x,44, Exterior Staircase- 511 E. Ocean Ave. � Ott 4 4 4V fil 7 I j4S Exterior Staircase- 529 E. Ocean Ave. 1007 N.Federal Hwy Suite 224 29 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward Inspec on nc .561880-7930 Palm Beach y �rrt t r °trr pa �rcr. rrry 305 747-9445 Oad+ a a , Interior Staircase- 529 E. Ocean Ave. F f 1 j r Missing/Broken Storefront Window- 515 E. Ocean Ave. 1007 N.Federal Hwy Suite 224 30 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward Inspec on nc .561880-7930 Palm Beach y �rrt t r °trr pa �rc�r. rrry 305 747-9445 Oad+ V4t f , t . Roof Covering (Upper Roof Area 1)- 511 E. Ocean Ave. t �, r�tl�, � r t „ Roof Covering (Upper Roof Area 2)- 511 E. Ocean Ave. 1007 N.Federal Hwy Suite 224 31 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward .561880-7930 llr Beach y �rrt t r °trr pa �rc�r. rrry 305 747-9445 Oad+ 6.0 PLUMBING, MECHANICAL, &ELECTRICAL SYSTEMS 6.1 Plumbing The overall conditions of the common plumbing systems were reported to be in good condition and were working at the time of the inspection. Domestic water is provided to the subject property from a municipal main line. Water supply lines are copper and/or PVC. Sanitary drainage and vent piping are reported to be PVC. Water heaters tanks were observed in the 529 E. Ocean Ave. Hurricane Alley tenant space/. However, water heaters were not observed in any other location on the subject property. One or more toilets were not in working order in the 515 building, one of which was detached from the wax ring. Natural gas meters and lines were observed in the 511 and 529 buildings. Florida Public Utilities is the utility provider for natural gas. 6.2 Mechanical The overall condition of the heating and cooling systems is reported to be in average condition. Heating and cooling for tenant suites is provided by a mixture of individual HVAC and/or communal HVAC system—including package and split air conditioning units of various manufacturers,ages, and conditions. These HVAC systems are generally the responsibility of the landlord,with the exception of specific tenants. Also,there are hoods, refrigerators, freezers, grease traps, etc.that are associated with the 529 E. Ocean Ave.,Hurricane Alley, tenant space. Further investigation is recommended to determine exactly which of the mechanical systems are the responsibility of the landlord. These systems were not inspected or counted. However, a general visual survey of the units was performed during the walk-through survey. 1007 N.Federal Hwy Suite 224 32 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward .561880-7930 Palm Beach y �rrt t r °trr pa �rc�r. rrry 305 747-9445 Oad+ Several HVAC systems were not in working order within the 515 E. Ocean Ave. retail spaces. Further evaluation by a licensed mechanical contractor is recommended to determine the cost and extent of repair or replacement. An estimated cost to replace the air-conditioning systems that were not in working order at the time of the walk-through survey is provided in Table 1- Immediate Repairs & Deferred Maintenance Cost Opinion. 6.3 Electrical The overall condition of the electrical system appears to be in fair condition. Overhead electrical service is delivered to the subject property via transformers to the main service panels of each building on the subject property. The electrical system of each building varies in service amperage and type (e.g. single phase, three-phase, etc.). The 515 E. Ocean Ave. building has six interior subpanels—one for each of the six tenant spaces. The interior subpanels are manufactured by Zinsco, which are considered dangerous due to the increased risk of breaker malfunction and/or fire. These systems are grandfathered in and no replacements are required at this time. However, some insurance due to the high-risk associated with these electric panels, insurance eligibility or premiums may be affected. It is recommended that the systems be replaced/updated. The cost for these replacements is estimated on Table 1- Immediate Repairs & Deferred Maintenance Cost Opinion. Further evaluation by a licensed electrician is recommended to determine the cost and extent of replacement. 1007 N.Federal Hwy Suite 224 33 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward .561880-7930 llr Beach y �rrt t r °trr pa �rc�r. rrry 305 747-9445 Oad+ 6.4 Life Safety Systems 6.4.1 Fire Suppression Systems Handheld fire extinguishers were observed on the subject property, within the interiors of the tenant spaces and in the common and/or public areas of the interiors of each building, with the exception of 515 E. Ocean Ave. (the vacant property). 6.4.2 Alarm Systems Observed fire safety equipment includes illuminated exit signs in the common area corridors of the occupied buildings. 1007 N.Federal Hwy Suite 224 34 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward .561880-7930 Palm Beach y �rrt t r °trr pa �rc�r. rrry 305 747-9445 Oad+ 6.5 Section 6 Photos 11 , t Q94'f 7 I7f IS s ' ��tz"vi u I I 2nd floor apartment t s , v 1 GE Panel 1007 N.Federal Hwy Suite 224 35 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward y �rrt t r °trr pa �rc�r. rrry 305 747-9445 Dad 7.0 ADA OVERVIEW All places of public accommodation and commercial facilities constructed for first occupancy after January 26, 1993 must be constructed to be accessible. Any alteration made to a place of public accommodation or commercial facility after January 26, 1992, must be made so as to ensure that, to the maximum extent feasible, the altered portions of the facility are readily accessible to and useable by individuals with disabilities. Alterations include, but are not limited to, remodeling, renovations, rehabilitation, reconstruction, historic restoration, changes or rearrangement in the plan configuration of walls and full-height partitions. Normal maintenance,reroofing,painting or wallpapering, asbestos removal,or changes to mechanical and electrical systems are not alterations unless they affect the usability of the building or facility. A public accommodation is required to remove architectural barriers in existing facilities, prior to the making of any alterations,where such removal is readily achievable, i.e., easily accomplished, and able to be carried out without much difficulty or expense. Examples include, but are not limited to, providing designated handicapped parking spaces, adding small ramps and curb cuts, widening doorways, rearranging furniture, adding raised markings on elevators, installing grab bars in toilet stalls and rearranging toilet partitions to increase maneuvering space. If not readily achievable, alternative methods of providing service, such as access to the management office, must be offered. Alternative methods include,but are not limited to, installing an intercom system between the leasing office and an accessible area,or relocating activities to accessible locations. It is the property owner's burden to prove that a modification is not readily achievable or would pose an undue financial or administrative burden. This Property Condition Assessment provides a limited preliminary visual inspection of the ADA features of the subject property based on general ADA compliance guidelines, excluding any measurements or counts. This PCA is not an in-depth ADA or SHA survey or audit. Our observations are limited to the places of public accommodation on the subject property. Non-compliant ADA issues may exist which are not stated in this report. 1007 N.Federal Hwy Suite 224 36 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to lrin 954 767-5955 'Broward Inspec On nc .561880-7930 Palm Beach y trrt t r °Ire pa �carr. °rrry 305 747-9445 Oad+ The public accommodation area of the subject property contains no dedicated parking spaces, including ADA accessible spaces. The chart below provides an overview of the general number of required ADA parking spaces based on the total number of parking spaces. Requireu ADA Parking S aces Total Spaces Total ADA ADA-van 1-25 1 1 26-50 2 1 51-75 3 1 76-100 4 1 101-150 5 1 151-200 6 1 201-300 7 1 301-400 8 1 401-5009 2. 501-1000 2%of total 1 of S 20,plus 1 for each 1000 100,or fraction 1 of 8 thereof,over 1,000 Based on the ADA requirements specified on the chart above and the total number of existing parking spaces of the subject property, the subject property should have at least one designated ADA accessible parking space and/or at least one designated van accessible ADA parking space. Further investigation is required to determine the accurate amount of spaces required for the subject property. 1007 N.Federal Hwy Suite 224 37 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward .561880-7930 Palm Beach y �rrt t r °trr pa �rc�r. rrry 305 747-9445 Oad+ 7.1 Section 7 Photos 'r Non ADA Compliant Non ADA Compliant 1007 N.Federal Hwy Suite 224 38 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward .561880-7930 Palm Beach y �rrt t r °trr pa �rc�r. rrry 305 747-9445 Oad+ 8.0 INTERIOR ELEMENTS 8.1 Common Areas Each building on the subject property contains multiple tenant spaces. Common areas are present in each building, which include interior and exterior corridors with restrooms. These areas appear to be in average condition. 8.2 Tenant Areas 8.2.1 Tenant Spaces The buildings occupancy includes multi-suite and single-suite tenants. According to the information provided by the current ownership,the subj ect property is currently configured to accommodate 12 tenant spaces. 8.2.2 Tenant Area Finishes Generally, the finishes of the tenant spaces vary. Each tenant space is suited to the use of each respective tenant. For example, the Hurricane Alley tenant space is suited to accommodate a restaurant business. The apartments are updated. 1007 N.Federal Hwy Suite 224 39 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward .561880-7930 Palm Beach y �rrt t r °trr pa �rc�r. rrry 305 747-9445 Oad+ 8.3 Section 8 Photos t s G �rA a r 1 529 Office Kitchen It{t t 1 �IN 5 529 Office 1007 N.Federal Hwy Suite 224 40 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward Inspec on nc .561880-7930 Palm Beach y �rrt t r °trr pa �rcr. rrry 305 747-9445 Oad+ f4 j3 529 E Ocean Ave Interior ��Wi4 � II Pts -11 a i 529 E Ocean Ave Interior 1007 N.Federal Hwy Suite 224 41 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward Inspec on nc .561880-7930 Palm Beach y �rrt t r °trr pa �rcr. rrry 305 747-9445 Oad+ 1 , i r 515 E Ocean Ave Interior i- � r f t,- 515 E Ocean Ave Interior 1007 N.Federal Hwy Suite 224 42 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward Inspec on nc .561880-7930 Palm Beach y �rrt t r °trr pa �rc�r. rrry 305 747-91445 Oad+ - . 4 515 E Ocean Ave Interior 515 E Ocean Ave Interior 1007 N.Federal Hwy Suite 224 43 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward Inspec on nc .561880-7930 Palm Beach y �rrt t r °trr pa �rcr. rrry 305 747-9445 Oad+ { _ t i _1 511 E Ocean Ave Interior t l }(t1 511 E Ocean Ave Interior 1007 N.Federal Hwy Suite 224 44 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward Inspec on nc .561880-7930 Palm Beach y �rrt t r °trr pa �rcr. rrry 305 747-9445 Oad+ �l f Y E { s S� srtl r lil SE t 511 E Ocean Ave Interior 5�1 �➢ `,}t2��fi ? rs � t 1- 511 E Ocean Ave Interior 1007 N.Federal Hwy Suite 224 45 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward Inspec on nc .561880-7930 Palm Beach y �rrt t r °trr pa �rcr. rrry 305 747-9445 Oad+ j: t i 511 E Ocean Ave Interior t 511 E Ocean Ave Interior 1007 N.Federal Hwy Suite 224 46 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward Inspec on nc .561880-7930 Palm Beach y �rrt t r °trr pa �rcr. rrry 305 747-9445 Oad+ s ,,,,',i 511 E Ocean Ave Interior y¢ n w 511 E Ocean Ave Interior 1007 N.Federal Hwy Suite 224 47 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward .561880-7930 llr Beach y �rrt t r °trr pa �rc�r. rrry 305 747-9445 Dad 9.0 4 NATURAL HAZARD INFORMATION TCE&I has reviewed readily available materials to obtain the following information. Determination of site-specific conditions is not within the scope of this investigation and may require additional investigation. 9.1 Flood TCE&I has performed a review of the Flood Insurance Rate Map,published by the Federal Emergency Management Agency. According to Community Panel Number 112099C0983F, effective 10/05/2017,the subject property appears to be located in several Flood Zones. 9.2 Wind TCE&I has performed a review of the Wind Zone Map, published by the Federal Emergency Management Agency (FEMA). According to the map, the subject property appears to be located in Wind Zone III, an area with design wind speeds of up to 200 miles per hour. This region is also considered a"Hurricane-Susceptible Region,"which presents additional risks. 9.3 Seismic TCE&I has performed a review of the seismic zone map, published in the Uniform Building Code 1997. According to the map, the subject property appears to be located in Seismic Zone 0, an area of low susceptibility to damaging seismic activity/ground motion. 1007 N.Federal Hwy Suite 224 48 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En in rring 954 767-5955 Broward .561880-7930 Palm Beach y �rrt t r °trr pa �rc�r. rrry 305 747-9445 Oad+ Tri-County Engineering &Inspections,Inc. makes no warranty that all problems have been addressed. If there are any questions concerning this report please contact TCE&I. It's the responsibility of either the Buyer or Seller to verify and make any repairs.Please contact the Agent or Attorney for counsel in this area. Any costs mentioned in this report assumes that licensed professional trades are used. W. Scott Pluto CGC 1507049 1 HI 5268 Senior Building Inspector Tri-County Engineering & Inspections, Inc. 1007 N.Federal Hwy Suite 224 49 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 Broward .561880-7930 Palm Beach y �rrt t r °trr pa �rcr. rrry 305 747-9445 Dade 10.0 APPENDIX A: SITE PHOTOGRAPHS v v fr:rS \\\\ 1 �lrr �4 Airial View R; v f iS atn 'fr„r ff f r i r y-, 511 E Ocean Ave 1007 N.Federal Hwy Suite 224 50 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward Inspec on nc .561880-7930 Palm Beach y �rrt t r °trr pa �rcr. rrry 305 747-9445 Oad+ ry 511 E Ocean Ave 511 E Ocean Ave 1007 N.Federal Hwy Suite 224 51 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward Inspec on nc .561880-7930 Palm Beach y �rrt t r °trr pa �rcr. rrry 305 747-9445 Oad+ � a - € 511 E Ocean Ave Rear View t Z` s d i + I iI y 511 E Ocean Ave Rear View 1007 N.Federal Hwy Suite 224 52 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri CounEn to rrin 954 767-5955 'Broward Inspe�:on nc .561880-7930 Palm Beach y �rrt t r °trr pa �rc�r. rrry 305 747-9445 Oad+ RK r 511 E Ocean Ave Rear Stairs rk't t 511 E Ocean Ave Apartment 1007 N.Federal Hwy Suite 224 53 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward Inspec on nc .561880-7930 Palm Beach y �rrt t r °trr pa �rc�r. rrry 305 747-9445 Oad+ 511 E Ocean Ave Apartment T 4a _ t t s s t _ 511 E Ocean Ave Apartment 1007 N.Federal Hwy Suite 224 54 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward Inspec on nc .561880-7930 Palm Beach y �rrt t r °trr pa �rc�r. rrry 305 747-9445 Oad+ i a �t2r"`ia 1 1 � 1 fi y 515 E Ocean Ave hrti t L K Lays` U44o Sty � �aha 515 E Ocean Ave 1007 N.Federal Hwy Suite 224 55 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward Inspec on nc .561880-7930 Palm Beach Drew.tric unA.-inspa cdo .rom 305 747-9445 Oad+ o F S -- s 515 E Ocean Ave t� , �� 515 E Ocean Ave Side View 1007 N.Federal Hwy Suite 224 56 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward Inspec on nc .561880-7930 Palm Beach y �rrt t r °trr pa �rcr. rrry 305 747-9445 Oad+ t t s, z [r 1 s,�fi\1t C f r, 'tt1 i Ig �t: t t7f�, 3 i - t r } 515 E Ocean Ave r i;4 f fi I f 515 E Ocean Ave Store Front 1007 N.Federal Hwy Suite 224 57 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward Inspec on nc .561880-7930 Palm Beach y �rrt t r °trr pa �rc�r. rrry 305 747-9445 Oad+ 1� 515 E Ocean Ave Store Front i 4 t,Y l� s 515 E Ocean Ave Covered Walkway 1007 N.Federal Hwy Suite 224 58 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward Inspec on nc .561880-7930 Palm Beach y �rrt t r °trr pa �rc�r. rrry 305 747-9445 Oad+ > ' h Vrk „r t l f 1 529 E Ocean Ave s � I � �F h gSv SSSS' t111,, lilll�l t. 529 E Ocean Ave 1007 N.Federal Hwy Suite 224 59 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward Inspec on nc .561880-7930 Palm Beach y �rrt t r °trr pa �rcr. rrry 305 747-9445 Oad+ 529 E Ocean Ave Rear Staircase t . y t H4� 529 E Ocean Ave Rear View 1007 N.Federal Hwy Suite 224 60 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward Inspec on nc .561880-7930 Palm Beach y �rrt t r °trr pa �rc�r. rrry 305 747-9445 Oad+ i y 1110011 NOW! MONSOON- ii 529 E Ocean Ave Outdoor Cooler i tit f' } -'Nei f L 529 E Ocean Ave Outdoor Cooler 1007 N.Federal Hwy Suite 224 61 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward Inspec on nc .561880-7930 Palm Beach y �rrt t r °trr pa �rcr. rrry 305 747-9445 Oad+ s -— E t Airial View Tiki Hut Y u' rot t J, 529 E Ocean Ave Outside Bar 1007 N.Federal Hwy Suite 224 62 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward Inspec on nc .561880-7930 Palm Beach y �rrt t r °trr pa �rc�r. rrry 305 747-9445 Oad+ III 1 4 �w o i {„ s " t 529 E Ocean Ave Outside Bar t t - 6 4 1 529 E Ocean Ave Tiki Hut 1007 N.Federal Hwy Suite 224 63 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Tri Cour En to rrin 954 767-5955 'Broward .561880-7930 Palm Beach y �rrt t r °trr pa �rc�r. rrry 305 747-9445 Dad 11.0 APPENDIX B: SUPPORTING DOCUMENTATION THIS PAGE IS INTENTIONALLY LEFT BLANK 1007 N.Federal Hwy Suite 224 64 Fort Lauderdale,FL 33304 O 954 767-5955 F 954 603-8832 info@tricountyinspection.com Ocean Ave Mixed-Use Center Building Wind Effective Company BUDGET ESTIMATE 515-517 East Ocean Ave Total Insured Value $525,000.00 10/5/2021-10/5/2022 Lloyds Contents $48,000.00 511-513 East Ocean Ave Total Insured Value $700,000.00 Contents $60,000.00 516 North Seacrest Blvd Total Insured Value $81,300.00 NOT PURCHASED Contents $10,000.00 512 North Seacrest Blvd Building $239,000 NOT PURCHASED Detached Garage $50,000 Business Income $15,000 Premium $6,512.95 $7,164.25 527-531 East Ocean Avenue Total Insured Value 630,000.00 9/17/2021-10/5/2022 Lloyds Business Income 60,000.00 Premium 8,803.00 $9,683.30 511-513 East Ocean Ave Total Insured Value 1,000,000.00 7/27/2021-7/27/2022 Citizens (Property with Wind) Replacement Cost 1,038,000.00 Premium 13,662.00 $15,028.20 515-517 East Ocean Ave(Wind) Total Insured Value 622,000.00 7/27/2021-7/27/2022 Citizens Replacement Cost 622,000.00 Premium 8,499.00 $9,348.90 General Liability(all buildings) Premium 3,975.30 10/5/2021-10/5/2022 Halmark $4,372.83 PlasWidge Total 41,452.25 $45,597.48 Commercial Roof Condition Inspection Form Applicant/Insured Name: BOYNTON BEACH CRA Application/Policy#: Location Address Inspected: 511 E Ocean Ave Boynton Beach, FL Building Number Inspected: 511 Date of Inspection: 10-01-2021 This Roof Condition Inspection Form must be completed and signed by a Florida-licensed professional.The form will not be accepted without the dated signature of one of the following appropriately licensed inspectors: ■ Licensed roofing contractor ■ Licensed general contractor Note:This form does not verify windstorm loss mitigation features. ROOF(Clear photos showing the entire roof s surface and condition must be submitted with this form.) Primary Roof: Covering material: Membrane If updated(check one): Overall Condition of Roof: Roof age(years): 1 Excellent ❑ Remaining useful life: 25 Full replacement Good ❑✓ Date of last update: 02-21-2020 Partial replacement ❑ Fair(explain) ❑ Roofing Permit Verified: Z*Yes ❑No %of replacement Poor(explain) ❑ *Permit Application Date: 02-21-2020 Visible damage: (describe;e.g.curling/lifted/loose/ Any visible damage/deterioration? Any visible signs of leaks? missing shingles or tiles,or punctures, Primary roof Primary roof blistering,drainage issues,or bare spots in gravel,or coating degradation,or cracking ❑Yes ✓❑ No E❑ Yes a No of asphalt,etc.) Secondary Roof Secondary Roof ❑ Yes ❑ No ❑ Yes ❑ No Secondary Roof: Covering material: If updated(check one): Overall Condition of Roof: Roof age(years): Excellent ❑ Remaining useful life: Full replacement ❑ Good I❑ Date of last update: Partial replacement ❑ Fair(explain) ❑ Roofing Permit Verified: ❑ *Yes ❑No %of replacement Poor(explain) ❑ *Permit Application Date: Comments: (Additional Comments Required if Primary or Secondary Roof Condition is denoted as Fair or Poor): This Inspection Form and the information set forth in it are provided solely for the purpose of verifying that certain structural or physical characteristics exist at the Location Address listed above and for no other purpose.It is not intended to constitute legal or professional advice. The information provided should not be relied upon,or treated as,as substitute for specific advice relevant to particular circumstances. The undersigned does not make a health or safety certification or warranty,express or implied,of any kind,and nothing in this Form shall be construed to impose on the undersigned or on any entity to which the undersigned is affiliated any liability or obligation of any nature to the named insured or to any other person or entity. All Roof Condition Inspection Forms must be signed and completed by a Florida-licensed roofing or general contractor. I certify that the above statements are true and correct. William Scott Pluto 954-767-5955 Inspector Name(printed) Telephone Number General Contractor 1524779 10-01-2021 Signature of Inspector License Type License Number Date "Any person who knowingly and with intent to injure,defraud,or deceive any insurer files a statement of claim or an application containing any false,incomplete,or misleading information is guilty of a felony of the third degree.F.S.817.234" CL-RCF-107 17 Engineering & Inspections, 11 77 , 4 i r n 1 k � ��} N � ��s „r s 1 � �tt 01{t��fif �F" ., +�{f .,• "" ,ns � TO Count E in a rin 954 767- 95 B�ro a �f r Inspecfinn nc 561880-7930 Palm Reach w t.tritfiuntWnvpeCfivn.vulpe 305 747-944 Dade �t �f t fsr��Asl;I 1 £, 11 rte a � Mimi�i a11 I�6(,r1�1rtt+ s�,A,�l+r� r�1 Il ssV �� 1r 1i3,�� F} , s si�Z } 4. }f } 45 1 rv,r4 r + s1 ,Art i r � t _ 71i;�r11,8A�i 1,11% NEW Ella, 11 �l I 31 I��i111s1r\ I Commercial Roof Condition Inspection Form Applicant/Insured Name: BOYNTON BEACH CRA Application/Policy#: Location Address Inspected: 515 E Ocean Ave Boynton Beach, FL Building Number Inspected: 515 Date of Inspection: 10-01-2021 This Roof Condition Inspection Form must be completed and signed by a Florida-licensed professional.The form will not be accepted without the dated signature of one of the following appropriately licensed inspectors: ■ Licensed roofing contractor ■ Licensed general contractor Note:This form does not verify windstorm loss mitigation features. ROOF(Clear photos showing the entire roof s surface and condition must be submitted with this form.) Primary Roof: Covering material: Membrane If updated(check one): Overall Condition of Roof: Roof age(years): 1 Excellent ❑ Remaining useful life: 25 Full replacement Good ❑✓ Date of last update: 02-21-2020 Partial replacement ❑ Fair(explain) ❑ Roofing Permit Verified: Z*Yes ❑No %of replacement Poor(explain) ❑ *Permit Application Date: 02-21-2020 Visible damage: (describe;e.g.curling/lifted/loose/ Any visible damage/deterioration? Any visible signs of leaks? missing shingles or tiles,or punctures, primary roof Primary roof blistering,drainage issues,or bare spots in gravel,or coating degradation,or cracking ❑Yes ✓❑ No F❑ Yes a No of asphalt,etc.) Secondary Roof Secondary Roof ❑ Yes ❑ No ❑ Yes ❑ No Secondary Roof: Covering material: If updated(check one): Overall Condition of Roof: Roof age(years): Excellent ❑ Remaining useful life: Full replacement ❑ Good I❑ Date of last update: Partial replacement ❑ Fair(explain) ❑ Roofing Permit Verified: ❑ *Yes ❑No %of replacement Poor(explain) ❑ *Permit Application Date: Comments: (Additional Comments Required if Primary or Secondary Roof Condition is denoted as Fair or Poor): This Inspection Form and the information set forth in it are provided solely for the purpose of verifying that certain structural or physical characteristics exist at the Location Address listed above and for no other purpose.It is not intended to constitute legal or professional advice. The information provided should not be relied upon,or treated as,as substitute for specific advice relevant to particular circumstances. The undersigned does not make a health or safety certification or warranty,express or implied,of any kind,and nothing in this Form shall be construed to impose on the undersigned or on any entity to which the undersigned is affiliated any liability or obligation of any nature to the named insured or to any other person or entity. All Roof Condition Inspection Forms must be signed and completed by a Florida-licensed roofing or general contractor. I certify that the above statements are true and correct. William Scott Pluto 954-767-5955 Inspector Name(printed) Telephone Number General Contractor 1524779 10-01-2021 Signature of Inspector License Type License Number Date "Any person who knowingly and with intent to injure,defraud,or deceive any insurer files a statement of claim or an application containing any false,incomplete,or misleading information is guilty of a felony of the third degree. F.S.817.234" CL-RCF-107 17 Engineering & Inspections. �- �irr"11�� � ,,,St�k( • l in�r� �� yy 1\,t 11t}til� StSm 11���F`°a��' �"'.;,:<',�„ ` I 1•- � I I I '. i h�u +s '� ' ; {l,�tii�i{�� � ��, ✓ tai �`Yoi�i+'tl d , .1U1�� OD I 00 III JJ 111 t 11 �i� itd, usuf'r 1t4� � .4. t 4 t ,tg}� t�s�,t��311��4111it�t t ` MG,,. TO Count E in a rin 954 767- 95 B�ro a �f r Inspecfinn nc 561880-7930 Palm Reach w t.tritfiuntWnvpeCfivn.vulpe 305 747-9445 Dade �t �f t fsr��Asl;I 1 £, 11 rte jig jirrvI( r ,t;I 2 T' Int �I � r v yi a£Jp S IN f' \ ' ¢ S fdtRU(\(aj44W44i tU 4N Wt�i G R�I la �M� � � �fr Commercial Roof Condition Inspection Form Applicant/Insured Name: BOYNTON BEACH CRA Application/Policy#: Location Address Inspected: 529 E Ocean Ave Boynton Beach, FL Building Number Inspected: 529 Date of Inspection: 10-01-2021 This Roof Condition Inspection Form must be completed and signed by a Florida-licensed professional.The form will not be accepted without the dated signature of one of the following appropriately licensed inspectors: ■ Licensed roofing contractor ■ Licensed general contractor Note:This form does not verify windstorm loss mitigation features. ROOF(Clear photos showing the entire roof s surface and condition must be submitted with this form.) Primary Roof: Covering material: Membrane If updated(check one): Overall Condition of Roof: Roof age(years): 1 Excellent ❑ Remaining useful life: 25 Full replacement Good ❑✓ Date of last update: 03-19-2020 Partial replacement ❑ Fair(explain) ❑ Roofing Permit Verified: Z*Yes ❑No %of replacement Poor(explain) ❑ *Permit Application Date: 03-19-2020 Visible damage: (describe;e.g.curling/lifted/loose/ Any visible damage/deterioration? Any visible signs of leaks? missing shingles or tiles,or punctures, primary roof Primary roof blistering,drainage issues,or bare spots in gravel,or coating degradation,or cracking ❑Yes ✓❑ No F❑ Yes a No of asphalt,etc.) Secondary Roof Secondary Roof ❑ Yes ❑ No ❑ Yes ❑ No Secondary Roof: Covering material: If updated(check one): Overall Condition of Roof: Roof age(years): Excellent ❑ Remaining useful life: Full replacement ❑ Good I❑ Date of last update: Partial replacement ❑ Fair(explain) ❑ Roofing Permit Verified: ❑ *Yes ❑No %of replacement Poor(explain) ❑ *Permit Application Date: Comments: (Additional Comments Required if Primary or Secondary Roof Condition is denoted as Fair or Poor): This Inspection Form and the information set forth in it are provided solely for the purpose of verifying that certain structural or physical characteristics exist at the Location Address listed above and for no other purpose.It is not intended to constitute legal or professional advice. The information provided should not be relied upon,or treated as,as substitute for specific advice relevant to particular circumstances. The undersigned does not make a health or safety certification or warranty,express or implied,of any kind,and nothing in this Form shall be construed to impose on the undersigned or on any entity to which the undersigned is affiliated any liability or obligation of any nature to the named insured or to any other person or entity. All Roof Condition Inspection Forms must be signed and completed by a Florida-licensed roofing or general contractor. I certify that the above statements are true and correct. William Scott Pluto 954-767-5955 Inspector Name(printed) Telephone Number General Contractor 1524779 10-01-2021 Signature of Inspector License Type License Number Date "Any person who knowingly and with intent to injure,defraud,or deceive any insurer files a statement of claim or an application containing any false,incomplete,or misleading information is guilty of a felony of the third degree. F.S.817.234" CL-RCF-107 17 Engineering & Inspections, t , > 4 1 r � {k t I.� rr ft� r�tt� t rt t lu i i ) SfsrlPt l�;rl rkr r\ rit lirr r� �,� S � - 1 ,,, pri(r s2 �t` rr ` t" tl I 11 - �k - �' - r ���tFlrrrtlttl�lri', '`' s�i,�.''+s�ui���2t ti" '��'�`-t���t ivy � G� SSV = _ ,r ME 0:i TO Count E in a rin 954 767- 95 B�ro a �f r Inspecfinn nc 561880-7930 Palm Reach w t.tritfiuntWnvpeCfivn.vulpe 305 747-944 Dade �t �f t fsr��Asl;I 1 £, 11 rte 11(157 �U,•.R{, V, r, SS. ,�1'��� ,w �� v,�j���SS�•,v7, „f \\." s,'r-. , „�, { ,tU,A�,�`, r�l,�i},`€ ,o����., «�r��, ;s, .�t „�y�,,. � 1;,,;,Ft {r;}(t�,,,{,t {�,��\f\ •k r� �;,ff } �4 t ~<t� �� k F ,� y � ���� k}« t 5� r<'F� '��y z f Ff tkt "�" � �t� . 4 1 (, Y - t r �- «- 4t,777 IF � � -7 •, } C Y�� tt � 11 �r7 � w S r S '�". ��i�Y' •xv� ��x � >i,s�'t � � ti,t� !lam s it 't �� �c.�, -. t{Ul�,s.�Zl)•,n� � � � � tG x=_3� 4�4-it ����___ f�Y�}Ir.c..f �\�45= €,��1_ -rs-«�',f��S��A������'i� �."i�,Y��f�f�. �-. '�,k�S�,���cF, �� viz: �t�.�, �,,,��� � ��� .�,,� •:�� � ,��;E� �_� � �< ,�SE��F .. �\�\° =,f��. .�{���. �\��—��{�. t_.,�� r� .— \=x� ,��. r�f,i �i�=z���r t f, I ,}71,,, 1( s, ,.0 1, } , .,y ,.�i) `'\1"v 1 .:y r t, r r. "'§; (,v ,r`so a• ,,,t, _s;, 1i ,.,{;,, ,t 1 t( !( { it r.;z„3, zizis z t{stt t1 s,,3 zt} z csst tr 1� }t s, 5 , ,r i .,,<. }, !Fsz ,�i � k�� _t zt� ": s s.s.s.l l.l•. . 1} }s� �.�«t "tt s:,, ;ft,ztitti' Testing Lab of the PaIM Beaches, Inc. GEOTECHNICAL*ENVIRONMENTAL*CONTRACT DRILLING'CONSULTING EN G[NEE RING'TESTING*INSPECTIONS CA No.663 May 8, 2015 Mr. Greg Bowser Gregory Bowser Construction Services, LLC 423 SW 1st Ave. Boynton Beach, F1 33435 Tele- 561-779-7447 e-mail: gbowserconstruction@gmaii.com Subject: Investigate the settlement of a two story building, 529 East Ocean Blvd., Boynton Beach, Fl. (Oyer Building) TLPB File No. 15/123-1 Dear Greg, Testing Lab of the Palm Beaches, Inc,, (TLPB) has responded to your request to investigate the apparent settlement at the SE wall of a two story structure at the above referenced address. SCOPE OF SERVICES Investigation to include on site visual inspections of the two story wood frame office building, Hand Cone Penetrometer Test (RCPT) subsurface borings, steel probes, visual analysis of boring samples, analysis of HCPT results, coordination with prospective contractors, and our Client, conclusions and recommendations. FIELD SERVICES The initial site inspection was made with Greg Bowser. There is an excavation approximately thirty to forty feet long and four (+/-)feet deep. The excavation exposes the footing as well as two modifications. Refer to attached pictures. Greg investigated the depth of the footing on the inside. Attached is a sketch prepared by Greg showing our best guess of what the actual footing, as originally constructed, looked like. Two HCPT's were performed at the bottom of the trench. An inspection of the interior of the second floor shows significant settlement practically everywhere. The hand excavation exposed what appears to be three visits to this section of the building foundation. One footing, approximately twenty-one inches square with four pieces of "allthread"projecting about four inches may be a very old sign pedestal. Additional concrete PROFESSIONAL ENGINEERING SERVICES THROUGHOUT SOUTH FLORIDA SINCE 1961 421 So."11"Street I Lake Worth,Florida 33460-4436,Phone(561)585-7515, Fax(561)595-7622 Testing Lab of Me Palm Beaches,Inc. Gregory Bowser Construction Services, LLC 529 E. Ocean Ave, May 8, 2015 Boynton Beach, FL page 2 was previously placed north and south of this pedestal. A third formed section of concrete was previously placed. There is evidence of two significant wall cracks that have been patched in the south end of the east wall. That provides evidence of what may settlement, twenty to thirty feet from the front of the building footing, in the east wall. The results HCPT 1 is one foot of medium dense sand followed by three feet of zero resistance sand followed by medium dense sand to the terminus of the boring at six feet. The results of HCPT 2 is loose sand to five feet followed by medium dense sand to the terminus of the boring at six feet. The water table in both borings was four feet. EVALUATION/ANALYSIS The results of the investigation leaves us additional information about the foundation of the building. Most significant was that the original footing appears to be a cantilever footing. Any repairs that would be placed to support the footing at the east side of the cantilever would create an unbalanced load in the cantilever footing. CONCLUSIONS/RECOMMENDATIONS To address "all" the issues of this approximately one hundred year old building is, in my opinion, not economically feasible. The results of HCPT 1 shows the density of the sand adjacent to the east side of the exposed footing to be incapable of sustaining any superimposed. The on site evidence indicates settlement has occurred. Settlement in loose sands occurs with the application of the loads and is not considered to occur over a long period of time. TLPB recommends the the soils beneath this section of the footing be made competent by injecting chemical grout. Most chemical grout is proprititery. The selection of a chemical grout Contractor is based on the company's reputation of successful projects. The exploration and analysis of the foundation conditions reported herein is considered in sufficient detail and scope to form a reasonable basis for remedial construction. The geotechnical engineer states that the findings, recommendations, specifications, or professional advice contained herein, have been promulgated after being prepared in accordance with generally accepted professional engineering practice in the fields of foundation engineering, soil mechanics and engineering geology. No other warranties are implied or expressed. Testing Lab of the Palm Beaches,Inc. Gregory Bowser Construction Services, LLC 529 E. Ocean Ave. May 8, 2015 Boynton Beach, FL page 3 Testing Lab of the Palm Beaches, Inc., appreciates this opportunity to have been of service to you on this project. If you have any questions concerning this report, please contact us. Respectfully submitted, TESTING LAB OF THE PALM BEACHES, INC. John?dair, P.E. Senior Project Engineer JA/rl Attachments 2A201151lnspectionst529 E Ocean\I 5-12G-I Oyer bldg.settlement,Boynton wpd r r r,, 1958 South Congress Avenue Adair amd Ar�adly • WEST PALM BEACH, FLORIDA I N C O R P O R A T E 0 .1 33406 CONSULTING ENGINEERS By_r -_ ---DATE?P L5_. SUBJECT.__ _' _ - ----- -I�_"-Q_d---------- SHEET E CK. BY----DATE- ------------ ._-____--__»-------------------------------------- JOB r -• ------------------------------ --------------------------------------------------- -------- oil OD f , i � I � i E = r } i i ' •t i j- 1/ t i 110 7,I 10 S'IY177A •. h } per y� rfii( Dt 'r re may' d� �« u„ "• tl, iwr Atli f tl t r � 4 Mi, 11 �r _ HAND CONE PENETROMETER TEST WITH AUGER BORING of The Palm laches, inc. Report No. 1 �/ Page 2 of 3 HCPT/AB No.: 1 Project Name: Geotechnical Investigation TLPB File No.: 15/123-1 Project Location: 529 E.Ocean Blvd.Boynton Beach,FL Date Drilled: 3/12/15 Client: Gregory Bowser Construction Services,LLC Driller: MF Boring Location: Z E&19 N of SE Comer of Building Remarks: O PENETROMETER GRAPH i z —J PENETROMETER X � SOIL DESCRIPTION O 0: READINGS a. a. ¢ (kglcm2 ) kg/cm2 o < < 0 10 20 30 40 50 60 70 80 1 Light Gray Medium Fine Sand(SP) f3 •:ty::>:. 50 2 ; ;. �Igii�^rf' '»}.. 0 J:.IYyI:Sq^ .:l i'.:•�„:. 3 ' 4:ti 4- 0 p 11 4 >.F« 2 Very Light Gray Medium Fine Sand - <4 .'.•'' _ (SP) ='r: 70 Irv!Y•!:. Refusal 5 YD'S•,,.;... •s,:1 ii�y;r:• ..r«: 70 END OF BORING 7- 8- 9- 10 8910 NOTE:These auger borings are representative of and apply only to the particular and exact locations of the borings. PROFESSIONAL ENGINEERING SERVICES THROUGHOUT SOUTH FLORIDA SINCE 1961 421 S H St•Lake Worth FL 33460-4436•Phone:(561)585-7515•Fax:(561)585-7622•E-mail:testpb@bellsouth.net HAND CONE PENETROMETER TEST WITH AUGER BORING of The Pal ■ches, Inc. Report No 1 Page S of S H P AB : 2 Project Name: Geotechnical Investigation TP Re No.: 15/ 24 Project Location: �g@ E.Ocean Bld Boynton B&h F Date v mdt : 3/12/15 Cent ami Bowser Construction S«2sLLC Driller: MF Boring Location: 2E&3NosComer oBlng Remarks: % 3zPENETROMETER GRAPH u PENETROMETER SOILDCP ION o 0: DINGS � \ Em \ < @��m kg/cm2 o @ @ R 0 10 2 3 4 5 6 7 8 Light Ga Medium Fine S AP \ 3 . ��§ 3 2- 30 3 . . . � 3- 30.\ 3F 2 Very Lig� mGray Medium Fine Sand \ � pq 60 Refusal s / ��} END OF BORING 7- 8- 9- 10— NOTE:These a§10NOT:mom eger borings are representative of and apply only mom particular and exactlocations of the borings. PROFESSIONAL ENGINEERING SERVICES THROUGHOUT SOUTH FLORIDA SINCE 196 1 421S H a.Lake Worth FL 33460-4436•P»t< B5 9585-7515-Fax:( es §585-7622-E-mamt tbp @be!t Uhl .#! Testing Lab of the Palm Beaches, Int GEOTECHNICAL'ENVIP,ONMENTAL*CONTRACT DRILLING*CONSULTING E N G[NEE MNG'TEST INGINSPECTIONS CA No.663 July 16, 2015 Gregory Bowser Construction Services, Inc. 423 SW 1" Ave. Boynton Beach, FL 33435 ATTN: Mr. Gregory Bowser RE: Installation of Chemical Grout 529 E. Ocean Ave. Boynton Beach, FL TLPB File No. 151123- Gentlemen: At your request, Testing Lab of the Palm Beaches, Inc. (TLPB) has monitored the installation of chemical grout at the above referenced address. SCOPE OF SERVICES Monitorthe installation of chemical grout at the above referenced location which will create competent sub-surface soils to support this section of the footing of the two story structure constructed circa 1919. MONITORING SERVICES On July 9 and 10, 2015, Testing Lab of the Palm Beaches, Inc.'s representative monitored the installation of twenty-eight chemical grout points. Point locations are identified as shown on boring logs. The installation of the chemical grout started at the SE Corner of the building and proceeded north for approximately 40'. Point locations were selected by the Contractor. Refer to the attached field logs for specific information on the installation of each chemical grout point. Chemical grout is propriety and contracts are "specific performance" contracts. The contractor is responsible for specific performance of achieving foundation support in excess of 2500 psf at the locations covered by the installation of chemical grout The geotechnical engineer states that the findings, services, recommendations, specifications and professional advice contained herein, have been promulgated after being prepared in accordance with generally accepted professional engineering practice in the fields of foundation engineering, soil mechanics and engineering geology. No other warranties are implied or expressed. PROFESSIONAL ENGINEERING SERVICES THROUGHOUT SOUTH FLORIDA SINCE 1961 421 So. 'H"Street - Lake Worlh,Flofida 33460-4436-Phone(561)585-7515* Fax(561)585-7622 Testing Lab of the Palm Beaches,Inc. Gregory Bowser Construction Services, Inc. 529 E. Ocean Ave. July 16, 2015 Boynton Beach, FL Page 2 Testing Lab of the Palm Beaches, Inc., appreciates this opportunity to be of service to you on this project. If you have any questions concerning this report, please contact us. Sincerely, TESTING LAB OF THE PALM BEACHES, INC. John Ada?1, P.E. #41551 7� Senior Geotechiiicai Engineer Attachments: Chemical Grout Logs ZA2015Mnspections1123-1 -529 E Ocean AvelChemicaf Grout Report 529 E Ocean Ave.wpd - � , - � .. - � _, -,�,. � �,-:nth. . . Testing lab of the Palm Beaches, Inc. GEOTECHNICAL'ENVIRONMENTAL'CONTRACT DRILLING'CONSULTING ENGINEERING"TESTI NG'INSPECTIONS CA No.663 DAILY OBSERVATION REPORT REPORT NO. 2 Pagel of 2 PROJECT: 529 E. Ocean Ave., Boynton Beach, FL CLIENT: Gregory Bowser Construction, Inc. JOB NO.: 15/123-1 DATE: 7/9/15 REMARKS: Chemical Grout Monitoring Our representative arrived onsite today at 10:15 AM as scheduled to monitor the placement of Chemical Grout for the building foundation. Dosdurian Enterprises, Inc. Started injection of chemical grout for the footings for buildings into sleeves 2,4, 5,6, 7, 11, 12, 14, 15,and 16. Thirty five(35)gallons of chemical grout was injected into each port for all sleeves. TESTING LAB OF THE PALM BEACHES,INC. TLPB REPRESENTATIVE: M.Finney A ZA201 SUnspwicns1123.1-329 E Ocean MOM-DOR.wpd PROFESSIONAL ENGINEERING SERVICES THROUGHOUT SOUTH FLORIDA SINCE 1961 421 So."H"Street • Lake Worth,Florida 33460-4436•Phone(561)585.7515• Fax(561)585-7622 Testing lab of the Palm Beaches, Inc. GEOTECHNICAL'ENVIRONMENTAL'CONTRACT DRILLING"CONSULTING ENGINEERING'TESTING'INSPECTIONS CA No.663 Grouting Log Sheet Report No.2 Page 2 of 2 Project: 529 E.Ocean Ave.,Boynton Beach,FL TLPB File No.: 15/123-1 Client: Gregory Bowser Construction Services,Inc. Date: 7/9/2015 Location: SE Side of Building- Under Footing Sleeve No. 30' 9' 8' 7' 6' 5' 4' 3' 2' 1' Total 1 2 7 Gals 14 Gals 21 Gals 28 Gals 35 Gals 35 Gals 3 4 7 Gals 14 Gals 21 Gals 28 Gals 35 Gals 35 Gals 5 7 Gals 14 Gals 21 Gals 28 Gals 35 Gals 35 Gals 6 7 Gats 14 Gals 21 Gals 28 Gals 35 Gals 35 Gals 7 7 Gals 14 Gals 21 Gals 28 Gals 35 Gals 35 Gals 8 9 7 Gals 14 Gals 21 Gals 28 Gals 35 Gals 35 Gals 10 11 7 Gals 14 Gals 21 Gals 28 Gals 35 Gals 35 Gals 12 7 Gals 14 Gals 21 Gals 28 Gals 35 Gals 35 Gals 13 14 7 Gals 14 Gals 21 Gals 28 Gals 35 Gals 35 Gals 15 7 Gals 14 Gals 21 Gals 28 Gals 27.7 Gals 16 7 Gals 14 Gals 21 Gals 28 Gals 35 Gals 35 Gals 17 7 Gals 14 Gals 21 Gals 28 Gals 35 Gals 35 Gals 18 19 20 21 22 23 24 25 26 27 28 Sleeves 4'Each PROFESSIONAL ENGINEERING SERVICES THROUGHOUT SOUTH FLORIDA SINCE 1961 421 So."H"Street • Lake Worth,Florida 33460.4436•Phone(561)585-7515 1 Fax(561)585-7622 Testing Lab of the Palm Beaches, Inc. GEOTECHNICAL'ENVIRONMENTAL'CONTRACT DRILLING'CONSULTING ENGINEE RING'TESTING'INSPECTIONS CA No.663 DAILY OBSERVATION REPORT REPORT NO.3 Page 1 of 5 PROJECT: 529 E. Ocean Ave., Boynton Beach, FL CLIENT: Gregory Bowser Construction, Inc. JOB NO.: 15/123-1 DATE: 7/9/15 REMARKS: Chemical Grout Monitoring Our representative arrived onsite today at 7:56 AM as scheduled to monitor the placement of Chemical Grout for the building foundation. The contractor, Dosdurian Enterprises, Inc. Started injection of chemical grout for the footings for buildings into sleeves 1, 3, 8, 10, 13, 19 thru 28. TESTING LAB OF THE PALM BEACHES,INC. TLPB REPRESENTATIVE: M.Finney d.ZA201Nnspections1123-1.529 E Ocean Ave\003-DOR-wpd PROFESSIONAL ENGINEERING SERVICES THROUGHOUT SOUTH FLORIDA SINCE 1961 421 So."H"Street • Lake Worth,Florida 33460-4436•Phone(561)585-7515• Fax(561)585-7622 Testing lab of the Palm Beaches, Inc. GEOTECHNICAL'ENVIRONMENTAL'CONTRACT DRILLING'CONSULTING ENGINEERING'TESTING'INSPECTIONS CA No.663 REPORT OF: CHEMICAL GROUT DAILY LOG Report No.3 Page 2 of 5 529 E.Ocean Ave., Boynton Beach, FL Gregory Bowser Construction Services, Inc. TLPB File No.: 15/123-1 SE Side of Building- Under Footing Date: 7/10/2015 DEPTH OF ENDING TIME PRESSURE INJECTION NO. INJECTION STARTING TIME TIME LAPSED GAUGE(psi) 1 9' BEG 8:31 8:39 8 min. 5- 10 lbs 8' BEG 8:37 8:46 9 min. 5- 10 lbs 7' BEG 8:47 8:55 8 min. 5-10 lbs 6' BEG 8:55 9:13 18 min. 5-10 lbs 5' BEG 9:13 9:29 16 min. 5- 10 lbs 3 9' BEG 9:30 9:40 10 min. 5-10 lbs 8' BEG 9:41 9:51 10 min. 5-10 lbs 7' BEG 9:53 10:03 10 min. 5-10 lbs 6' BEG 10:03 10:15 12 min. 5-10 lbs 5' BEG 10:15 10:26 11 min. 5-10 lbs 8 9' BEG 9:28 9:37 9 min. 5-10 lbs 8' BEG 10:35 10:49 14 min. 5-10 lbs 7' BEG 10:49 10:58 9 min. 5-10 lbs 6' BEG 10:59 11:12 13 min. 5-10 lbs 10 9' BEG 11:26 11:31 5 min. 5-10 lbs 8' BEG 11:32 11:48 16 min. 5-10 lbs 7' BEG 11:48 11:55 7 min. 5-10 lbs 6' BEG 11:55 12:03 8 min. 5-10 lbs 5' BEG 12:06 12:16 10 min 5- 10 lbs 13 9' BEG 12:20 12:30 10 min. 5-10 lbs 8' BEG 12:30 12:42 12 min. 5- 10 lbs 7' BEG 12:42 12:50 8 min. 5-10 lbs 6' BEG 12:51 13:10 19 min. 5-10 lbs 18 9' BEG 8:19 8:26 7 min. 5-10 lbs 8' BEG 8:27 8:35 8 min. 5- 10 lbs 7' BEG 8:37 8:45 8 min. 5-10 lbs 6' BEG 8:46 r 8:56 10 min. 5- 10 lbs PROFESSIONAL ENGINEERING SERVICES THROUGHOUT SOUTH FLORIDA SINCE 1961 421 So.-H"Street • Lake Worth.Florida 33460.4436-Phone(561)585.7515• Fax(561)585-7622 Testing iab of the Palm Beaches, Ince GEOTECHNICAL'ENVIRONMENTAL'CONTRACT DRILLING'CONSULTING ENGINEERING'TESTING'INSPECTIONS CA No.663 REPORT OF: CHEMICAL GROUT DAILY LOG Report No. 3 Page 3 of 5 529 E.Ocean Ave., Boynton Beach, FL Gregory Bowser Construction Services, Inc. TLPB File No.: 15/123-1 SE Side of Building- Under Footing Date: 7/10/2015 DEPTH OF ENDING TIME PRESSURE INJECTION NO. INJECTION STARTING TIME TIME LAPSED GAUGE (psi) 19 9' BEG 9:00 9:11 11 min. 5-10 lbs 8' BEG 9:12 9:21 9 min. 5-10 lbs 7' BEG 9:21 9:32 11 min. 5-10 lbs 6' BEG 9:33 9:41 8 min. 5-10 lbs 5' BEG 9:42 9:52 10 min. 5- 10 lbs 20 9' BEG 9:56 10:08 8 min. 5-10 lbs 8' BEG 10:08 10:17 9 min. 5-10 lbs 7' BEG 10:17 10:27 10 min. 5-10 lbs 6' BEG 10:30 10:37 7 min. 5-10 lbs 5' BEG 10:43 10:49 6 min. 5-10 lbs 21 9' BEG 10:53 11:03 10 min. 5-10 lbs 8' BEG 11:04 11:13 9 min. 5-10 lbs 7' BEG 11:23 11:29 6 min. 5- 10 lbs 6' BEG 11:32 11:39 7 min. 5-10 lbs 5' BEG 11:39 11:49 10 min 5-10 lbs 22 9' BEG 11:48 11:55 7 min. 5- 10 lbs 8' BEG 11:56 12:03 7 min. 5-10 lbs 7' BEG 12:03 12:17 14 min. 5-10 lbs 6' BEG 12:17 12:26 9 min. 5- 10 lbs 5' BEG 12:30 12:39 9 min. 5- 10 lbs 23 9' BEG 12:43 12:50 7 min. 5-10 lbs 8' BEG 13:05 13:12 7 min. 5- 10 lbs 7' BEG 13:12 13:21 9 min. 5-10 lbs 6' BEG 13:23 13:32 9 min. 5-10 lbs 5' BEG 13:33 13:48 15 min. 5- 10 lbs 24 9' BEG 13:40 13:52 12 min. 5-10 lbs 8' BEG 13:53 14:02 9 min. 5-10 lbs 7'BEG 14:02 14:28 26 min. 5-10 lbs 6' BEG 5BEG PROFESSIONAL ENGINEERING SERVICES THROUGHOUT SOUTH FLORIDA SINCE 1961 421 So."H"Street • Lake Worth,Florida 33460.4436•Phone(561)585.7515. Fax(561)585.7622 Testing Lab of the Palm Beaches, Inc. GEOTECHNICAL'ENVIRONMENTAL'CONTRACT DRILLING'CONSULTING ENGINEERING'TESTING'INSPECTIONS CA No.663 REPORT OF: CHEMICAL GROUT DAILY LOG Report No. 3 Page 4 of 5 529 E. Ocean Ave., Boynton Beach, FL Gregory Bowser Construction Services, Inc. TLPB File No.: 15/123-1 SE Side of Building- Under Footing Date: 7/10/2015 DEPTH OF ENDING TIME PRESSURE INJECTION NO. INJECTION STARTING TIME TIME LAPSED GAUGE(psi) 25 9' BEG 14:27 14:42 15 min. 5-10 lbs 8' BEG 14:44 14:45 1 min. 5-10 lbs 7' BEG 14:45 15:02 17 min. 5-10 lbs 6' BEG 15:03 15:15 12 min. 5-10 lbs 5' BEG 15:24 15:45 21 min. 5-10 lbs 26 9' BEG 15:28 15:37 9 min. 5-10 lbs 8' BEG 15:38 15:46 8 min. 5-10 lbs 7' BEG 15:46 15:57 11 min. 5-10 lbs 6' BEG 15:57 16:04 7 min. 5-10 lbs 5' BEG 16:04 16:14 10 min. 5- 10 lbs 27 9' BEG 14:13 14:28 15 min. 5-10 lbs 8' BEG 14:28 14:37 9 min. 5-10 Ibs 7' BEG 14:38 14:45 13 min. 5-10 lbs 6' BEG 14:55 15:06 11 min. 5-10 lbs 28 9' BEG 13:14 13:24 10 min. 5- 10 lbs 8' BEG 13:25 13:35 10 min. 5-10 lbs 7' BEG 13:36 13:45 9 min. 5-10 lbs 6' BEG 13:55 14:11 16 min. 5-10 lbs PROFESSIONAL ENGINEERING SERVICES THROUGHOUT SOUTH FLORIDA SINCE 1961 421 So."H"Street • Lake Worth,Florida 33460-4436•Phone(561)585-7515• Fax(561)585-7622 Testing tab of the Palm Beaches, Inc. GEOTECHNICAL'ENVIRONMENTAL'CONTRACT ORILLING'CONSULTING ENGINEERING'TESTING'INSPECTIONS CA No.663 Grouting Log Sheet Report No.3 Page 5 of 5 Project: 529 E.Ocean Ave.,Boynton Beach,FL TLPB File No.: 15/123-1 Client: Gregory Bowser Construction Services,Inc. Date: 7/10/2015 Location: SE Side of Building- Under Footing Sleeve No. 10' 9 8' 7' 6' 5' 4' 3' 2' 1' Total 1 7 Gals. 7 Gals. 7 Gals. 7 Gals. 7 Gals. 35 Gals. 2 3 7 Gals. 7 Gals. 7 Gals. 7 Gals. 7 Gals. 35 Gals 4 5 6 7 8 7 Gals. 7 Gals. 7 Gals. 6.4 26.4 Gals. 9 10 7 Gals. 7 Gals. 7 Gals. 7 Gals. 7 Gals. 35 Gals. 11 12 13 7 Gals. 7 Gals. 7 Gals. 7 Gals. 7 Gals. 35 Gals. 14 15 16 17 18 7 Gals. 7 Gals. 7 Gals. 6.3 Gals. 26.3 Gals 19 7 Gals. 7 Gals. 7 Gals. 7 Gals. 7 Gals. 35 Gals. 20 7 Gals. 7 Gals. 7 Gals. 7 Gals. 3.7 Gals. 31.7 Gals. 21 7 Gals. 7 Gals. 7 Gals. 7 Gals. 7 Gals. 35 Gals. 22 7 Gals. 7 Gals. 7 Gals. 7 Gals. 7 Gals. 35 Gals. 23 7 Gals. 7 Gals. 7 Gals. 7 Gals. 7 Gals. 35 Gals. 24 7 Gals. 7 Gals. 1 7 Gals. 7 Gals. 7 Gals. 35 Gals. 25 7 Gals. 7 Gals. 7 Gals. 7 Gals. 7 Gals. 35 Gals. 26 7 Gals. 7 Gals. 7 Gals. 7 Gals. 7 Gals. 35 Gals. 27 7 Gals. 7 Gals. 7 Gals. 7 Gals. 7 Gals. 35 Gals. 28 7 Gals. 1 7 Gals. 7 Gals. 7 Gals. 7 Gals. 35 Gals. Sleeves 4'Each PROFESSIONAL ENGINEERING SERVICES THROUGHOUT SOUTH FLORIDA SINCE 1961 421 So."H"Street • Lake Worth,Florida 33460-4436•Phone(561)585.7515• Fax(561)585-7622 x aQ Qj Mo m as 0 u m (U M (A V) a) 4- W a) W 0 ?: cc 4� Q) r_ 0 >a) 0 r_ a) 41 _r_ v f- 75 0 0 — u 41 x LA m 0) m r-L a < CL C CZ e- 0 a) V, u 3: -5 m m M 0 E O as bo w > � C 0 41 Ln fu 0 JA V) 4=1 41 ulbA 0 -0 a) 0 V < A c -E ai L- u C) W -0 -5 E 0 W S 00 > vs z V) ') 41 C) 0 CL >- C to Q) 0 C W -0 Ln C: Ln 0 1 E>- LU Ln U CL >- 0 r- (u w m N :�; M 0 4 0 ell >� 0 cu < 0 x m 7 t by 0 o u4.1 Qj 'n -0 = . (v V) u 4� m Alf- 0 Ln 0 41 o m m 0 w X O 0 W = 0 6i E cu 0 CL E U of off 4A fA U 0- 0 CL 4- 0 m CE r_ aJ m (v m 6 a u CL o 0 W 4- a m L m 0 O O CVL- 4A 0 4- u u 0 a) 0 a 0 a — 0 0 L- w 4� LA L m m CL r-i m Ln m x -0 CL Ln > 0 0 67 UO G V = CA U. toH — V) m bo Ln 0 Ln Ln m 511-529 E Ocean Ave The following items were noted on my October 25, 2021,these items would need permits to correct, the standing water on the roof would be an exception. I would suggest an Architect or Engineer look at these items for corrective details and plans, a contractor would also be required. East stairway:vertical cracks in plaster at top landing and wall above stairs {MR s s 1 � �£�lh Hand ,z rails removed Upstairs common bathroom cracks in plaster inside the door and plaster blistering at fan r r t� Bathrooms in restaurant TP holder,WC handle wrong side, door knob non-compliant, missing grab bars, pipe protection under sinks wheelchair side access blocked to woman's bathroom Roof top apartments standing water C Bar in the rear of restaurant unpermitted non-accessible a k Y p :µ I 5a Tj CRITICAL DATES Seller: 500 Ocean Properties, LLC Purchaser: Boynton Beach Community Redevelopment Agency Property: 511, 515 and 529 E. Ocean Avenue, Boynton Beach, FL 33435 Sale Price: $3,600,000.00 Event Section Date Effective Date Contract ¶4 September 20, 2021 Seller to deliver copies of all documents and Contract¶7.3 September 23, 2021 instruments pursuant to Contract¶7.3 Initial Deposit Due Contract ¶3.1 September 27, 2021 Purchaser shall obtain Title Commitment Contract¶7.1 October 11, 2021 Additional Deposit Due Contract ¶3.1 October 15, 2021 Purchaser to deliver written notice to Seller Contract¶7.1 October 20, 2021 of any objections to title Feasibility Period Ends Contract¶7 November 12, 2021 Disbursement of Initial Deposit to Seller Contract ¶3.2 November 22, 2021 Deadline for Seller to cure objections to title Within 20 days of or provide written notice to Purchaser that Contract¶7.1 Seller will not cure objections to title receipt of objections Closing Date Contract¶5 December 17, 2021 01545551-1 i° Valley October 28,2021 Mr. Steven B. Grant,Board Chair. Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue e Floor Boynton Beach,Florida 33435 Re: $2,550,000.00 Loan Dear Mr. Grant: We are pleased to inform you that Valley National Bank("Lender") has approved and agrees to a loan secured by the property located at 511, 515 and 529 East Ocean Avenue, Boynton Beach, Florida ("Property") subject to and upon the terms and conditions set forth below. 1. Borrower. The borrower shall be Boynton Beach Community Redevelopment Agency, a public agency created pursuant to Chapter 163, Part III of the Florida Statutes, referred to as "Borrower". 2. Loan Purpose. The Loan is for the purpose of assisting with the purchase of the subject Property. 3. Loan Amount. The principal amount of the Loan is Two Million Five Hundred Fifty Thousand and No/100 ($2,550,000.00) Dollars. 4. Term. The term of the Loan is ten (10) years ("Term") from closing hereunder ("Maturity Date"). On the Maturity Date all unpaid principal and interest shall be payable in full. 5. Interest Rate and Payments. The interest rate for the first five (5) years of the Term shall be a fixed rate of 4.00% percent per annum. On the fifth anniversary date,the interest rate for the Term shall adjust to a fixed rate equal to the then weekly average yield on United States Treasury securities adjusted to a constant maturity of five (5) years, as made available by the Federal Reserve Board ("Index"), plus 275 basis points,with a floor of 4.00%. The Interest Rate is not necessarily the lowest rate charged by Lender on its loans. If the index becomes unavailable during the term of this Loan,Lender may designate a substitute index in its sole discretion. Lender will tell Borrower the current rate upon Borrower's request. The Interest Rate and all interest accrued on the principal shall be calculated on a 365/360 accrual method. 1 800-522-4100 1700 Palm Beach Lakes Boulevard,Suite 1000 West Palm Beach, FL 33401 valley.com ©2018Valley Nationat Bank.Member FDIC.Equal Opportunity Lender.All Rights Reserved. Payments during the first 12 months of the Term shall consist of monthly interest only payments. Thereafter payments shall consist of monthly principal and interest payments based upon a 25-year amortization schedule with a balloon payment at the Maturity Date. All payments shall be applied first to repayment of monies paid by Lender on behalf of Borrower in accordance with the Loan Documents and thereafter shall be applied to payment of accrued interest under the Loan with the balance,if any,applied to principal. The Note will contain a provision providing for a late charge in the amount of five (50/6) percent of any payment received ten (10) days after the date such payment is due and payable. Upon the occurrence of any default under the Loan Documents, the Loan shall bear interest at the maximum rate allowed by law. G. Loan Fees and Expenses. Lender shall receive the following loan fees and expenses indicated below in connection with the Loan: a. Loan Commitment Fee. The Borrower shall pay a non-refundable Loan Commitment Fee in the amount of Eight Thousand Nine Hundred Twenty-Five and No/100 ($8,925.00) Dollars to Lender, which shall be deemed fully earned and due upon acceptance of this Commitment by Borrower regardless of whether or not the Loan Documents are executed,and the Loan is closed and funded,one-half of which will be paid simultaneously with the acceptance hereof,and the balance paid at Closing or upon breach by Borrower hereunder.This fee shall compensate Lender for its time and effort in underwriting this proposed Loan and for the reservation of credit. b. Costs and Expenses. The Borrower will pay all out-of-pocket costs,expenses and fees incurred by Lender relating to this proposed Loan and the administration thereof, including, but not limited to Lender's title insurance policy, intangible tax, documentary stamps,recording fees,appraisal fees and Lender's attorney fees and costs for preparation of the proposed Loan documentation,representation of Lender and/or the Loan Closing. These fees and costs shall be deemed earned,due and payable when performed or expended whether or not the Loan is closed and/or funded. 7. Loan Security. The Loan will be evidenced by a promissory note or notes (hereinafter referred to as the"Note") and will be secured or further evidenced by such documents as required by Lender,which may include,but not be limited to,the following documents: a. Loan Agreement: An agreement setting forth the various terms of the Loan. b. MortaM and Security Agreement:A valid Real Estate Mortgage and Security Agreement(herein the"Security Instrument")giving Lender a first lien on the Property and a perfected first security interest in all personal property, both tangible and intangible (including replacements,substitutions,and after-acquired property),located or to be located in or upon the Property or used in connection therewith(the"Personal Property").The Security Instrument shall require,at Lender's option after an Event of Default,a real estate tax and insurance escrow with Lender. 2 C. Assignment of Leases and Rents: A general collateral assignment of all leases, income,rents,and profits from or concerning the Property. i) Subordination,Non-Disturbance and Attornment Provisions. Allnew leases affecting the Property shall contain provisions subordinating tenant's interest in and to the Property to the Lender and agreeing to attorn to Lender(or the Purchaser at foreclosure sale)in the event of default and foreclosure,Deed In Lieu Of Foreclosure or otherwise. The form, terms and content of such provisions shall be as prescribed by Lender. d. Assignment of Agreements Affecting Real Property. A general collateral assignment of all agreements,licenses,permits,contracts and documents concerning or affecting the Property. The assignment shall incorporate consents thereto by all parties to the contracts. C. UCC-1 Financing Statement. A UCC-1 Financing Statement perfecting a security interest in the personal property. S. Special Conditions/Requirements of the Loan. a. Appraisal. Not applicable. Intentionally deleted. b. Financial Statements. Borrower shall provide Lender updated sworn financial statements and financial reports,including but not limited to tax returns,all schedules thereto, operating statement, balance sheet and corporation information return, and historical financial information which details and separates the operating results of the Borrower,and such other financial reports or information requested by Lender which are all collectively referred to herein as"Financials"prior to the Loan Closing in content and form acceptable to Lender. This Cotminitment and Lender's obligation hereunder is subject to Borrower furnishing Financials which are acceptable to Lender in the sole and absolute opinion of Lender. Borrower agrees to deliver to Bank on an annual basis, current financial information (accountant-prepared or internally prepared) in a form reasonably acceptable to Bank (including a year-end balance sheet and year-end income and expense report(s) for entities, and financial statements, to include income for the prior calendar year, for individuals)and such other financial information concerning the Borrower as Bank shall request from time to time. Financial report(s) must be delivered to the Bank within ninety(90)days after any entity's fiscal year end and for each individual,within forty-five (45) days after the end of each calendar year. Any other financial information concerning Borrower must be provided within thirty (30) days after Bank's request. Borrower also agrees to provide to Bank complete copies of annual federal tax returns for the Borrower or,if an extension to file a tax return is filed,a copy of such extension, within five (5) days after such return or extension is filed. Upon Borrower's failure to timely comply with the obligations under this paragraph, then Bank may, at its discretion, (i) declare the loan in default,in which event,Bank shall have allrights and remedies available to it based on such default including,without limitation,the right to 3 collect interest at the default rate of interest as otherwise provided in the documents evidencing the loan. C. Cross Default. A default or an event of default herein,or in the Note,Security Instrument, or any of the Loan Documents shall constitute a default or an event of default under all other indebtedness of Borrower to Lender,and a default or an event of default under any other indebtedness Borrower has to Lender, or any lender, shall constitute a default or an event of default hereunder and under the Loan Documents. d. Other Documentation and Foran of Loan Documents. Borrower shall furnish such other information or documentation and execute and deliver such other documents as requested by Lender or Lender's counsel. All information and documentation provided hereunder and all loan documents shall be in such form and substance as required by Lender and Lender's obligations are contingent upon Lender's approval thereof. e. Organizational Documentation: Lender's obligations are contingent upon Lender's receipt,review and approval of certified copies of Borrower's organizational documentation for the Borrower. f. Leases: Copies of all leases and addendums are to be provided for Lender's review and approval. Estoppels and subordinations,as applicable,will be required to be provided prior to closing in form and substance acceptable to Lender. g. Pending Lawsuits. Lender's obligations are contingent upon receipt and review by Lender of an affidavit from Borrower confirming there are no pending lawsuits. If any lawsuits are disclosed, they are to be reviewed and approved by the appropriate approving authority of Lender. h. Deposit Relationship. Borrower will establish its primary deposit relationship for this Property with Lender and maintain the same through the term of the Loan. Lender will attempt to establish auto-debit for Loan payments,and Borrower agrees to the same. i. Closing on Purchase and Sale Agreement. Lender's obligations are contingent upon Borrower closing on the acquisition of the Property pursuant to the terms of the Purchase and Sale Agreement between Borrower and 500 Ocean Properties,LLC with an effective date of September 20,2021. j. Minutes and Resolution of the Board re Purchase. Lender's obligations are contingent upon receipt and review and approval by Lender of a copy of the meeting minutes and resolution of the Board approving the purchase of the subject Property. k. Minutes and Resolution of the Board re Loan. Lender's obligations are contingent upon receipt and review and approval by Lender of a copy of the meeting minutes and resolution of the Board approving the Loan of$2,550,000.00 from Lender to purchase the subject Property. 4 9. Other Requirements. This Commitment is subject to the "General Requirements" contained in Commitment Schedule I, attached hereto and made a part hereof,which funds shall be applied toward the acquisition of the Property. 10. Compliance with Americans With Disabilities Act of 1990. The Borrower shall furnish Lender with an agreement to comply with ADA and indemnify Lender from any liability for noncompliance. The agreement must be acceptable to the Lender in all respects. 11. Hazardous Substances. The terms Hazardous Substances"or Pollutants"used herein are as defined under the Comprehensive Environmental Response,Compensation and Liability Act,as amended, the Resource Conservation and Recovery Act of 1976, as amended, the Pollutant Spill Prevention and Control Act, Florida Statutes Chapter 376, as amended and regulations adopted thereunder or under any applicable state or local law,rule or regulations (collectively the"Superfund and Hazardous Waste Laws"). a. The Lender's obligation to close the Loan is conditioned upon securing adequate evidence that there are no known or suspected Hazardous Substances or Pollutants located upon or under the Property or any portion thereof or in such proximity to the Property to create a risk of contamination, as well as a Regulatory Database Review, Transaction Screen Questionnaire evidencing no environmental hazards on the Property. All such evidence must be satisfactory to Lender in its sole discretion. b. Borrower expressly warrants and represents to Lender that the Property has not in the past been used,is not presently being used,and will not in the future be used for the handling,storage,transportation,or disposal of Hazardous Substances or Pollutants. Borrower agrees to indemnify,defend,and hold Lender harmless from and against any loss to Lender, including,without limitation, attorney's fees incurred by Lender as a result of such past,present or future use,handling,storage,transportation,presence or disposal of Hazardous Substances or Pollutants,and against any liability arising from such hazards;said indemnity to survive the repayment of the Loan. C. If at any time during the term of the Loan,Hazardous Substances or Pollutants are discovered or are present upon or under the Property,then,such condition may,at the sole discretion of the Lender, be deemed an event of default under the Loan regardless of whether or not the Borrower is responsible or at fault with respect thereto. d. Borrower will enter into such agreements of indemnity or otherwise which are required by Lender. 12. Lender's Attorn! Sys. The law firm of Cohen, Norris, Wolmer, Ray, Telepman, Berkowitz&Cohen,712 U. S. Highway One,Suite 400,North Palm Beach,Florida 33408,shall act as Lender's attorneys for the transaction. All documentation relating to the Loan, including without limitation,the promissory note and mortgage,and any and all other documents required for the Closing in their discretion shall be in a form as prepared by them as Lender's attorneys. For the purposes of mailing, all correspondence shall be sent to said firm at the above given address, and the firm may be 5 reached by telephone at (561) 844-3600. Borrower shall be responsible for the payment of Lender's attorneys' fees at Closing. 13. Attorne s Fees Venue. The prevailing party, in any action arising under this Commitment shall be entitled to recover their attorneys' fees and costs, on all court levels,including appellate fees. Venue for any action shall be in Palm Beach County which is where the subject Property is located. The laws governing this Commitment,the Loan and all other Loan Documents are the laws of the State of Florida. 14. Acce tance of Commitment. Upon return by Borrower to Lender of a fully executed copy of this Commitment on or before November 9, 2021, (together with the portion of the Commitment fee good faith deposit set forth in Paragraph 6 above, and any other fees required hereunder and then due Lender), this Commitment will constitute an agreement obligating Lender to make and Borrower to accept the Loan in accordance with the terms and conditions set out herein. If the executed copy of this Commitment is not received by Lender on or before November 9,2021 this Commitment shall be void. 15. Right of Cancellation. Upon the following events,Lender may,at its option,cancel this Commitment without further notice or obligations. a. If all applicable conditions contained herein have not been met to the reasonable satisfaction of Lender or the Loan has not been closed by December 17,2021. b. Upon Borrower's commission of an act of bankruptcy, making a general assignment for the benefit of creditors, or if there is filed by or against Borrower a petition in bankruptcy,or for the appointment of a receiver,or there commences under any bankruptcy or insolvency law proceedings for Borrower's relief or the composition, extension, arrangement, or adjustment of any of his obligations, or if Borrower's business is discontinued as a going concern, or if there is a suspension of business, or default on any other obligation Borrower may have to Lender,or in case of the issuance of any warrant or attachment against any of Borrower's property or the taking of possession of or assumption of control of all or any substantial part of the property of Borrower's businesses by any governmental agency. C. Upon any adverse change in the financial condition of Borrower, or upon the default by Borrower under any material obligation of Borrower to any third party. d. Upon the death of any person, constituting Borrower or dissolution of any entity comprising Borrower. C. Upon breach by Borrower of any requirements contained herein. 16. Waiver of Jury Trial. THE BORROWER AND LENDER HEREBY KNOWINGLY,VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY WITH REGARDS TO ANY LITIGATION BASED ON THIS COMMITMENT,OR TO ANY OBLIGATION RESULTING FROM OR RELATED TO ANY LOAN OR GUARANTY RELATING TO THIS COMMITMENT, OR ANY AGREEMENT CONTEMPLATED TO BE 6 EXECUTED IN CONJUNCTION HEREWITH, OR ANY COURSE OR DEALING, COURSE OF CONDUCT, STATEMENTS (WHETHER VERBAL OR WRITTEN), OR ACTIONS OF BORROWER OR LENDER. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE LENDER ENTERING INTO THIS COMMITMENT. Sincerely, VALLEY NATIONAL BANK By: . Cher B. Nevad,Vice President 7 ACCEPTANCE The foregoing Commitment is hereby accepted and the undersigned agree to comply with the terms and conditions thereof. Executed on this 29 day of October 2021. "Borrower" BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Steven B. Grant,Board Chair S Commitment SCHEDULE I GENERAL REQUIREMENTS 1. Title Insurance. Lender shall be furnished with a mortgagee title insurance policy in the full principal amount of the Loan, in form and substance, and written by a title insurance company satisfactory to Lender,insuring the Security Instrument as a valid first lien upon the Property. The title policy shall contain no exceptions other than those approved by Lender. The title policy shall include the Form 9 and other endorsements deemed necessary or desirable by Lender. The title policy shall be updated by endorsement from time to time as required by Lender. A tide insurance Commitment and copies of documents creating or evidencing tide insurance exceptions shall be submitted to Lender at least ten days prior to the intended Loan closing date. 2. Insurance. Borrower shall furnish to Lender: a. An"all-risk"coverage insurance policy,a windstorm policy and a flood insurance policy(if applicable). b. A certificate from an insurance company satisfactory to Lender indicating that Borrower is covered by public liability insurance in the amount and in form satisfactory to the Lender. c. Such other policies providing such other coverages as required by Lender. d. If any insurance required to be in force hereunder is provided for in an umbrella policy covering Borrower,then Borrower shall furnish Lender a certificate setting forth the applicable insurance coverage and a certified copy of the umbrella policy. e. All policies shall contain a mortgagee loss payable clause satisfactory to Lender and an agreement to notify Lender in writing at least thirty (30) days prior to the cancellation of the policies. The policies shall cover those hazards,be in the amount and form,and be issued by a company satisfactory to Lender. The original of the policies shall be delivered to Lender prior to closing. 3. Survey. Lender shall be furnished a current survey of the Land,acceptable to Lender,prepared, sealed,and certified to Lender and Lender's counsel(and the title insurance company furnishing the title insurance policy described in paragraph 1) by a duly registered land surveyor, which survey shall disclose access,all improvements,encroachments,easements,and rights-of-way. The survey shall show the improvements and all appurtenances, in accordance with any requirements of Lender. In the alternative,if there is an existing survey certified to Borrower then a survey affidavit will be acceptable upon receipt and review of said survey acceptable to Lender. 4. Costs and Expenses. Borrower shall pay all costs and expenses incurred by Lender in connection with the preparation for and the closing of the Loan whether the Loan is closed or not, together with the costs of the continuing administration of the Loan, including without limitation, appraisal fees,inspection fees,surveys,and legal fees,including the fees of Lender's counsel,intangible taxes,documentary stamp taxes,all recording costs,all license and permit fees,and all title insurance and other insurance premiums. 9 5. Restriction on Secondary Financing and. Sale of Premises. Borrowers' rights under this Commitment and the Loan shall be personal since Lender has evaluated this Loan and has agreed to make this Loan based on the unique qualifications of Borrower,both financial and otherwise. So long as any part of the Loan is outstanding, the Property and the Personal Property shall remain free and clear of all encumbrances,liens,mortgages,security interests,and secondary financing,and,except those approved in writing by Lender,and Borrower shall not without the prior written consent of Lender,sell, transfer,or convey all or any part of its interest in the Land,Property or the Personal Property,or any portion thereof. Additionally,any change in the present ownership or control of the Borrowing entity or the management of the Property shall constitute a default under the Loan Documents subject to Borrower's opportunities to cure same. The occurrence of any of the foregoing shall,at the option of Lender, constitute grounds for terminating this Commitment and for accelerating any and all sums unpaid under the Loan. G. Equi1y. Intentionally Deleted. 7. Documentation of Loan. Lender shall be furnished with the security and credit instruments that Lender shall deem necessary or expedient for its protection. All loan documents as well as all questions relating to the validity and priority of the security for the Loan shall be determined by and shall be satisfactory to Lender and Lender's counsel as a condition to Lender's obligations hereunder. In this regard,Lender designates the law firm of Cohen,Norris,Wolmer,Ray,Telepman,Berkowitz& Cohen as its counsel to prepare the documents. In addition to all other documents required by any provision of this Commitment and any and all documents which may be required by Lender or Lender's counsel, the following additional documents shall be required: a. Mortgagee title insurance policy(acceptable to Lender's Counsel) with Standard Exceptions deleted) with Form 9 and other endorsements deemed necessary or desirable by Lender. b. Insurance policies (rent loss, allrisk coverage and flood insurance, if required). C. Affidavit of Borrower as to title,in form and substance satisfactory to Lender. d. Closing statement signed by Borrower. C. Evidence, satisfactory to Lender, of (i) appropriate zoning; and (ii) compliance with all applicable environmental laws,rules, and regulations. f. Subordination of all debt owed by Borrower to its members. g. Evidence of a separate ad valorem tax assessment by the county property appraiser showing the tax folio number therefore. h. Certificate of a duly registered third party (other than the surveyor or appraiser) that the Land does not he in a designated flood area as identified by the United States Department of Housing and Urban Development (or, 10 alternatively, flood insurance as provided herein). i. Opinion letter from Borrower's attorney including an opinion from a Florida attorney. j. Estoppel Certificates and Subordination, Nondisturbance and Attornment Agreements from any tenants of the Property. k. Resolution of principals and mangers/directors of Borrower authorizing this transaction. The loan documents,when prepared,will set forth the matters contained in this Commitment and will also contain the other provisions that are deemed necessary or desirable by Lender. All documents and information required by this Commitment to be furnished to Lender by Borrower shall be delivered to Lender's counsel designated herein at least fifteen(15) days prior to the closing date to be established hereunder. Such closing shall be held at the offices of Valley National Bank,1700 Palm Beach Lakes Boulevard, Suite 1000, West Palm Beach, Florida, or at Lender's option, the law offices of Cohen, Norris, Wolmer,Ray,Telepman,Berkowitz&Cohen, 712 U. S. Highway One,North Palm Beach,Florida 33408. 9. Representations of Borrower. This Commitment is subject to the accuracy of all information, representations, and materials submitted with or in support of the application for the Loan. In the event of inaccuracy or material changes in the information, representations and materials required hereby, that event shall,at the option of Lender,operate to terminate this Commitment and all of Lender's obligations hereunder. 10. Non-Assignability. Neither this Commitment nor any of the proceeds of the Loan shall be assignable by Borrower without the prior written consent of Lender,and any attempt to make any assignment without Lender's consent shall be void. 11. Entire Agreement Modifications and Amendments. This Commitment contains the entire agreement of Borrower and Lender with respect to the Loan. No change in the provisions of this Commitment shall be binding unless in writing and executed in the name of and by an officer of Lender. 12. Time. Time is of the essence with respect to all dates and periods of time set forth in this Commitment. 13. Instructions to Borrower. Upon acceptance of this Commitment by Borrower,Lender may forward a letter of instructions to Borrower supplementing certain terms set forth in this Commitment. 14. Survival. This Commitment and all terms and provisions hereof shall survive the closing of the Loan and shall not be merged into any of the Loan Documents. If any conflict arises between the terms and provisions of this Commitment, and the Security Instrument, then the terms and provisions of the Security Instrument shall control. END OF GENERAL REQUIREMENTS 11 ESTIMATE OF COSTS Re: Valley National Bank Loan to Boynton Beach Community Redevelopment Agency The information provided below reflects estimates of the charges which you arc likely to incur at the settlement of your loan. The fees listed are estimates—the actual charges may be more or less. LOAN AMOUNT: $2,550,000.00 ESTIMATED LOAN COSTS: Record Mortgage $ 240.10 Record Assignment of Rents and Leases 70.10 Record UCC-1 Financing Statement(County) 44.60 File UCC-1 Financing Statement (State) 47.00 Collateral Assignment of Property Rights 70.10 Lender's Commitment Fee $ 8,925.00 Flood Certification 50.00 Tax Service Fee 150.00 Insurance Monitoring Fee 100.00 Future Satisfaction Fee 12.00 UCC Monitoring 100.00 Lender's Attorneys' Fees $ 10,000.00 Lender's Attorneys' Costs 150.00 Scanning/Storage Fee 250.00 Mortgagee Tide Insurance (Issued by Borrower's Title Company) (to include Form 9 Endorsement, 8.1 Endorsement, 6.0 Endorsement and Survey Endorsement) Search Fee TOTAL FEES AND COSTS: $ 20,208.90 "Borrower" BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By. F. yt",t- Steven B. Grant,Board Chair Lease Extension Agreement August 12, 2021 500 Ocean Properties, LLC(LANDLORD)and Kala Marketing Group and Reinaldo Schiavinato individually(collectively"TENANT") agree to extend lease on said premises know as 533 E Ocean Ave#5, Boynton Beach, FL 33435, original lease dated 1st day of September 2014. For good consideration 500 Ocean Properties, LLC and Kala Marketing Group and Reinaldo Schiavinato ( "tenant") agree to extend the said lease for a period of one year,starting date of 1st day of September 2021 and terminating on the 30th day of August 2022. The parties agree that no further right of renewal or extension shall exist beyond the termination date indicated above unless both parties agree to another lease extension agreement. During the lease extension period, Kala Marketing Group and Reinaldo Schiavinato, "tenant") agrees to pay rent in the amount of$1030.00GneJ4Gusaad per month. (attic-Itux SacxI-fhtr+,%j and t4P(tco, This agreement shall be binding upon and shall insure the benefit of the parties,their successors, assigns, personal agents and managing members. Landlord_("jk3:— U Date SI 2,A IQu Tenant Date 8/22/21 Witness Date i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD M EETING OF: November 9, 2021 OLD BUSINESS AGENDAITEM: 16.H. SUBJECT: Consideration and Discussion of Extension of Time to begin Construction on the Bride of Christ Daycare Center at NE 10th Avenue SUMMARY: On November 12, 2019, the CRA Board approved the Purchase and Sale Agreement with the Bride of Christ Tabernacle Church for the purchase of a CRA-owned vacant parcel located on E. Martin Luther King Jr. Boulevard for the appraised value of$49,000 (Attachment 1). The Bride of Christ will be using the CRA lot, in combination with their existing property, to build a new children's daycare facility. The daycare facility will be open to the public (Mon. - Fri. from 7 a.m. - 7 p.m.) and will serve approximately 40 children from the ages of 2-5 years old. According to paragraph 19, Property Reverter Clause of the Purchase and Sale Agreement (Attachment 11) the Bride of Christ is to commence construction of the daycare facility within twenty-four (24) months from the date of closing. The closing took place on January 16, 2020, therefore, construction of the daycare is to begin no later than January 16, 2022 (Attachment 111). On November 1, 2021, CRA's legal counsel received a request from the Bride of Christ for a one (1) year extension to January 16, 2023, to commence construction of the daycare facility (Attachment IV). The Bride of Christ has been working with an architect and lender and has provided preliminary engineering drawings as proof of their progress (Attachment V). If the CRA Board approves the extension for commencement of construction, execution of the attached First Addendum to the Purchase and Sale Agreement will be required (Attachment VI). FISCAL IMPACT: N/A CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the Bride of Christ's request for an extension to commence construction on the daycare facility on or before January 16, 2023, and authorize the Chair to sign the First Addendum to the Purchase and Sale Agreement. 2. Do not approve the Bride of Christ's request for an extension to commence construction of the daycare facility on or before January 16, 2023, and provide direction to legal counsel. 3. Alternative to be determined upon further Board discussion. ATTACHMENTS: Description D Attachment I - Minutes D Attachment II - Purchase and Sale Agreement D Attachment III -Warranty Deed D Attachment IV - November 1, 2021 1-Year Extension Request D Attachment V - Preliminary Drawings D Attachment VI - First Addendum to Purchase and Sale Agreement Meeting Minutes Community Redevelopment Agency Board Boynton each, Florida November 12, 2019 ................. Chair Grant pulled this item and inquired how much was in the account. Vicki Hill, Finance Director, responded there was $13,947,604.68. Motion Board Member cCray moved to approve. Board Member Penserga seconded the motion. The motion unanimously passed. C. Approval of Commercial Property Improvement Grant Program in the amount of$35,339.73 for Guaca Go Corp. located in 500 Ocean at 510 E. Ocean Avenue, Unit 106 Board Member cCray pulled this item and asked about the company. An unidentified woman explained they have been a mobile company for three years. The have participated in events throughout South Florida making home-made guacamole bowls with different fresh toppings, to bring healthy fast casual food to Ocean Avenue, In addition to the guacamole bowls, they will have sweet potato, protein and other options as well as drink, desert options and smoothies. Mr. Simon explained the CRA has used the at CRA events and they are very good. Vice Chair Katz thanked the for selecting Boynton each, commenting it was good to see businesses upgrading and coming to the downtown. D. Approval of Commercial Rent Reimbursement Grant Program in the amount of $15,924.96 for Guaca Go Corp. located in 500 Ocean at 510 E. Ocean Avenue, Unit 106 Motion Board Member cCray moved to approve Items C and D. Board Member Romelus seconded the motion and welcomed the to the neighborhood. The motion unanimously passed. 13. Public Hearing 14. Old Business A. Consideration and Discussion of the Purchase and Sale Agreement with Bride of Christ Tabernacle Church for the CRA Owned Property Located on NE '10th Avenue. Motion Vice Chair Katz moved to approve, Board Member Romelus seconded the motion. 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 12, 2019 Board Member McCray asked about the fence and learned the existing fence would be removed as part.of the new project. There will be access onto MLK Jr. Boulevard to enter their property. Board Member Romelus asked when the ground breaking would occur. Vera Marie Merna, representing the acting project manager for Bride of Christ Church explained an attorney in Boca has been representing them and they have been speaking with Mr. Grant. They discussed the starting date was extended because they could not meet the December 11th date. The Church would have a year to start, meaning to obtain the permit and would like to start as soon as possible. They have a lot to do and must get the plans to the City. Unity of Title was also needed. Chair Grant commented the reverter clause indicates the Church must commence construction within 12 months and asked for clarification of "commence construction." Attorney Rossmell explained it usually has a more physical impact, but the CRA can adjust the contract if more time was needed due to circumstances beyond their control. He would be happy to give then up to 24 months to break ground. The Board agreed. Board Member McCray was okay with extending the contract to two years. Ms. Merna also noted the attorney found two errors in the contract that were not corrected. One of them was just discussed by the Board, but the reverter language specified they had to be in possession. Ms. Merna agreed with the changes they suggested. Since it was listed as an exhibit, it did not have to be signed now. The contract they used was a more general contract. Any changes the Board makes would have to be re-signed. The Board could approve the contract subject to legal finalization for those two items. Chair Grant requested a motion to approve the property reverter clause to 24 months regarding commencement of construction from 12 months to 24 months, subject to legal approval. Vice Chair Katz agreed to amended his motion. Board Member Romelus seconded the amended motion. The motion unanimously passed. Board Member Romelus congratulated the Church and commented she viewed them as a community partner. She liked to see the Church being a community partner and having local businesses and non-profits expand the area they serve. She was touched the invocation was given in her native language. B. Consideration of a Purchase and Sale Agreement for the Property Located at 100 E. Martin Luther King Jr. Blvd fka Family. Dollar Mr. Simon explained the owner's response to the more recent offer approved in October offering to purchase the property for$1.2 million and a counter offer of$1.85 million. Chair Grant had spoken with the owner and explained the reason why Mr. Aiken was because of a settlement with of $1.3 million with Family Dollar. Part of the purchase and sale agreement specified he wou"d get that, in addition to the $1.2 million the CRA would pay for the property. It would cause 15% capital gains. Because his offer with Family Dollar was time certain, he took the $1.3 million, which would be considered ordinary income. The difference in tax at the 35% rate, which was $260K paid to the federal government, 10 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 BRIDE OF CHRIST TABERNACLE, INC. (hereinafter "PURCHASER") and BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (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 Property located in Palm Beach County, Florida (the "Property") and more particularly described as follows: SEE ATTACHED EXHIBIT"A" 2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property shall be Forty-Nine Thousand Dollars ($49,000.00), payable in cash, by wire transfer of United States Dollars at the Closing. 3. DEPOSIT. 3.1 Earnest Monet/ Deposit. Within five (5) Business Days after the execution of the Purchase Agreement by both parties, PURCHASER shall deliver to Lewis, Longman & Walker, PA ("Escrow Agent") a deposit in the amount of Five Thousand Dollars ($5,000.00) the "Deposit"). 3.2 Application/Disbursement of Deposit. The Deposit shall be applied and disbursed as follows: The Deposit shall be delivered to SELLER at Closing and the PURCHASER shall receive credit for such amount against the Purchase Price. If this Agreement is terminated during the Feasibility Period (hereinafter defined) for any reason, the Deposit shall be immediately refunded to the PURCHASER. If this Agreement is terminated due to a default, pursuant to Section 12, the Deposit shall be delivered to (or retained by, as applicable) the non-defaulting Party, and the non-defaulting Party shall have such additional rights, if any, as are provided in Section 12. 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 PURCHASER INITIALS/�-� SELLER INITIALS: 01165713.2 Purchase and Sale Agreement Page 2 of 19 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 effective date of the Purchase Agreement is the date that the Escrow Agent receives the Escrow Deposit and Escrow Agent executes the Agreement. 5. CLOSING. The purchase and sale transaction contemplated herein shall close on or before sixty (60) days from the Effective Date (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 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 7), to which PURCHASER fails to object, or which PURCHASER agrees to accept, pursuant to Section 7.1 and Section 7.2 hereof. 7. FEASIBILITY PERIOD. The PURCHASER, and its designees shall have twenty (20) days from the Effective Date of this Agreement ("Feasibility Period"), at PURCHASER's expense, to make inquiries to determine if the Property is suitable for its intended use and to enter upon the Property, at any time and from time to time with reasonable notice to SELLER and so long as said investigations do not result in a business interruption, to perform any and all physical tests, inspections, valuation appraisals and investigations of the Property, including but not limited to Phase I and Phase 11 investigations, which PURCHASER may deem necessary. During this Feasibility Period, PURCHASER may elect, in PURCHASER's sole and absolute discretion, to terminate this contract and receive back all deposits hereunder. If PURCHASER elects to terminate this Agreement in accordance with this Section, PURCHASER shall: (i) leave the Property in substantially the condition existing on the Effective Date, subject to such disturbance as was reasonably necessary or convenient in the testing and investigation of the Property; (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 PURCHASER INITIALS SELLER INITIALS: 01185713-2 Purchase and Sale Agreement Page 3 of 19 generated as a result of the PURCHASER's testing and investigation. PURCHASER hereby agrees to indemnify and hold SELLER harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to PURCHASER (including, without limitation, any construction liens resulting therefrom) or for damage to persons or property arising out of PURCHASER's investigation of the Property. 7.1 Title Review. Within twenty (20) days of the Effective Date, SELLER 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. 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 cure and remove the 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 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 is then and closing pursuant to the Agreement, 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. 7.2 Survey Review. PURCHASER, at PURCHASER's expense, shall obtain a current boundary survey (the "Survey") of the Property, indicating the number of acres comprising the Property to the nearest 1/100th of an acre. If the Survey discloses encroachments on the Property or that improvements located thereon encroach on setback PURCHASER INITIALS: SELLER INITIALS: 01185713.2 Purchase and Sale Agreement Page 4 of 19 lines, easements, lands of others or violate any restrictions, covenants of this Agreement, or applicable governmental regulations, the same shall constitute a title defect and shall be governed by the provisions of Section 7.1 concerning title objections. 7.3 SELLER Deliveries. SELLER shall deliver to PURCHASER the following documents and instruments within ten (10)days of the Effective Date of this Agreement, except as specifically indicated: 7.3.1 Copies of any reports or studies (including engineering, environmental, soil borings, and other physical inspection reports), in SELLER's possession or control with respect to the physical condition or operation of the Property, if any. 7.3.2 Copies of all licenses, variances, waivers, permits (including but not limited to all surface water management permits, wetland resource permits, consumptive use permits and environmental resource permits), authorizations, and approvals required by law or by any governmental or private authority having jurisdiction over the Property, or any portion thereof (the "Governmental Approvals"), which are material to the use or operation of the Property, if any. 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 SELLER 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 PURCHASER INITIALS:C !�l SELLER INITIALS: 01165713-2 Purchase and Sale Agreement Page 5 of 19 delivered to PURCHASER the following documents and instruments: 9.1 Deed. 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. 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 PURCHASER INITIALS: SELLER INITIALS: 01185713.2 Purchase and Sale Agreement Page 6 of 19 shall re-prorate any amounts paid or credited based on such estimate as if paid in November. This shall survive the Closing. 10.3 Special Assessment Liens. Certified, confirmed and ratified special assessment liens imposed by public bodies as of Closing are to be paid by SELLER. Pending liens as of Closing shall be assumed by PURCHASER. If the improvement has been substantially completed as of the Effective Date, any pending lien shall be considered certified, confirmed or ratified and SELLER shall, at Closing, be charged an amount equal to the last estimate or assessment for the improvement by the public body. 10.4 Closing Costs. SELLER shall be responsible for all documentary stamps on the deed, owner's title insurance expenses, recording the deed and half of all general closing expenses (settlement fee, courier fees, overnight package, etc.). PURCHASER is responsible for half of all general closing expenses, expenses associated with a mortgagee title insurance policy, if any, 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). PURCHASER INITIALS: Q-0 SELLER INITIALS: 01185713-2 Purchase and Sale Agreement Page 7 of 19 11.2 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by any organization, person, individual or governmental agency which would affect (as to any threatened litigation, claim, action or proceeding, in a materially adverse fashion)the use, occupancy or value of the Property or any part thereof or which would otherwise relate to the Property. 11.3 SELLER has full power and authority to enter into this Agreement and to assume and perform its obligations hereunder in this Agreement. SELLER does not and will not conflict with or result in the breach of any condition or provision, or constitute a default under, or result in the creation or imposition of any lien, charge, or encumbrance upon any of the Property or assets of the SELLER by reason of the terms of any contract, mortgage, lien, lease, agreement, 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 PURCHASER INITIALS: SELLER INITIALS: 01185713-2 Purchase and Sale Agreement Page 8 of 19 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)"). 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). 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 PURCHASER INITIALS: SELLER INITIALS: 01185713-2 Purchase and Sale Agreement Page 9 of 19 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. 12.3 Notice of Default. Prior to declaring a default and exercising the remedies described herein, the non-defaulting Party shall issue a notice of default to the defaulting Party describing the event or condition of default in sufficient detail to enable a reasonable person to determine the action necessary to cure the default. The defaulting Party shall have fifteen (15) days from delivery of the notice during which to cure the default, provided, however, that as to a failure to close,the cure period shall only be three (3) business days from the delivery of notice. Both parties agree that if an extension is requested, such extension shall not be unreasonably withheld. If the default has not been cured within the aforesaid period,the non-defaulting Party may exercise the remedies described above. 12.4 Survival. The provisions of this section shall survive the termination of this Agreement. 13. NOTICES. All notices required in this Agreement must be in writing and shall be considered delivered when received by certified mail, return receipt requested, or personal delivery to the following addresses: If to Seller: Michael Simon, Executive Director Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, FL 33435 With a copy to: Kenneth Dodge Lewis, Longman &Walker, PA 515 North Nagler Drive Suite 1500 West Palm Beach, FL 33401 If to Purchaser: Claude Maxime, President Bride of Christ Tabernacle, Inc. 300 NW 22nd Street Boca Raton, FL 33431 PURCHASER INITIALS: (7 SELLER INITIALS: 01185713-2 Purchase and Sale Agreement Page 10 of 19 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. PURCHASER may not assign its interest in this Agreement without the prior written consent of SELLER, which shall not be unreasonably withheld. SELLER shall have the right to assign this Agreement to the City of Boynton Beach (the "City") without the prior consent of PURCHASER and the SELLER shall be released from any further obligations and liabilities under this Agreement. The SELLER may not assign this Agreement to any other party without the prior written approval of PURCHASER, which shall not unreasonably withheld. If SELLER 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. PURCHASER shall indemnify, defend and hold harmless the SELLER 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 PURCHASER 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 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 PURCHASER INITIALS: SELLER INITIALS: 01185713-2 Purchase and Sale Agreement Page 11 of 19 Property. SELLER is not aware nor does it have any notice of any past, present or future events, conditions, activities or practices on contiguous property that is owned by SELLER which may give rise to any liability or form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant affecting the SELLER'S property. (3) There is no civil, criminal or administrative action, suit, claim, demand, investigation or notice of violation pending or, to the best of that entity's knowledge, threatened against SELLER or the Property relating in any way to the Disposal of Pollutants on the Property, any portion thereof, or on any contiguous property owned by SELLER. 17. PUBLIC RECORDS. SELLER is a public agency subject to Chapter 119, Florida Statutes. The PURCHASER is hereby notified that the SELLER 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 PURCHASER, either directly or as a third party, to prevent or prohibit SELLER 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, PURCHASER agrees that SELLER may either: 1) defend the claim up to and including final judgment, or 2) interplead the challenged documents into the court. In either event, PURCHASER agrees to pay SELLER's reasonable attorneys'fees and costs, both trial and appellate. 18. RIGHT OF FIRST REFUSAL. For a period of twenty (20) years from the date of closing, Purchaser hereby grants to Seller a right of first refusal to purchase the Property pursuant to the terms and conditions set forth below in this Section: (1) If PURCHASER receives an offer to purchase the Property pursuant to a written contract or letter of intent (hereafter "Offer"), PURCHASER shall give SELLER notice of the Offer by delivering a copy to SELLER pursuant to the notice provisions set forth in Section 13 herein. (2) SELLER shall place the Notice on the next regularly scheduled CRA Board meeting. Within five (5) days of the CRA Board meeting where the Notice is considered, SELLER shall either waive or exercise its right of first refusal. If SELLER elects to exercise its right of first refusal, SELLER shall within ten (10) days after receipt of the Notice, deliver to PURCHASER an agreement to purchase the Property for an amount equal to the Offer and upon substantially similar terms. (3) If SELLER fails to exercise or waive its right of first refusal within the ten (10) day period above,then SELLER's right of first refusal shall be deemed to have been waived. PURCHASER INITIALS: ` t SELLER INITIALS: 01185713-2 Purchase and Sale Agreement Page 12 of 19 (4) The provisions of this Section shall survive closing and delivery of the deed of conveyance of the Property and shall automatically expire and be of no further effect twenty(20) years from the date of closing. 19. PROPERTY REVERTER CLAUSE. The deed of conveyance shall contain a reverter clause that shall run with the Property, requiring the Property to be reconveyed to SELLER by quit claim deed should PURCHASER default in not commencing construction of the forty (40) child daycare facility as described in the plans and correspondence submitted to SELLER and incorporated herein by this reference, within twelve (12) months from the date of closing unless otherwise agreed to in writing by both parties. In such event the Purchase Price set forth above, and the documented costs of improvements and expenses expended by PURCHASER in the development of the Property shall be reimbursed to PURCHASER. To carry out the terms of this paragraph, PURCHASER shall execute a reverter agreement in the form set forth on Exhibit "B". The provisions of this paragraph shall survive closing. 20: MISCELLANEOUS. 20.1 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. 20.2 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. 20.3 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 PURCHASER INITIALS: SELLER INITIALS: 01185713-2 Purchase and Sale Agreement Page 13 of 19 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. 20.4 Construction of Agreement. The Parties to this Agreement 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. 20.5 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. 20.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by PURCHASER and SELLER shall control all printed provisions in conflict therewith. 20.7 Waiver of JurV 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. 20.9 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. 20.10 Recording. This Agreement may not be recorded in the Public Records of Palm Beach County, Florida without the prior approval of both parties. PURCHASER INITIALS:_ SELLER INITIALS: 01165713-2 Purchase and Sale Agreement Page 14 of 19 20.11 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. [THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY] PURCHASER INITIALS:,_ SELLER INITIALS: 01185713-2 Purchase and Sale Agreement Page 15 of 19 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. PURCHASER: SELLER: BRIDE OF CHRIST TABERNACLE, INC. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Printed Name: Claude Maxime Printed Name: Steven B. Grant Title: President Title: Chair Date: 'i0->0D,6 Sol 2-0111 Date: WITNESS: WITNESS: C Printed Name: Ir( Yh. Printed Name: ESCROW AGENT Lewis, Longman &Walker, P.A. Printed Name: Date: PURCHASER INITIALS: SELLER INITIALS: 01185713-2 Purchase and Sale Agreement Page 16 of 19 EXHIBIT A LEGAL DESCRIPTION Parcel Control Number: 08-43-45-21-27-001-0260 Legal Description: Lot 26, Block 1. E. ROBERTS ADDITION, less the south 10 feet for road, Plat Book 1, Page 123, according to the Records of Palm Beach County Florida. PURCHASER INITIALS_ SELLER INITIALS: 01185713-2 Purchase and Sale Agreement Page 17 of 19 EXHIBIT B REVERTER AGREEMENT (See Next Page) PURCHASER INITIALS: ' SELLER INITIALS: 01185713-2 Purchase and Sale Agreement Page 18 of 19 Prepared by and return to: Kenneth Dodge, Esquire Lewis, Longman & Walker, P.A. 515 N. Flagler Drive, Suite 1500 West Palm Beach, FL 33401 REVERTER AGREEMENT This REVERTER AGREEMENT is dated as of this day of , 2019, by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("SELLER") and BRIDE OF CHRIST TABERNACLE, INC., or its affiliated assignee ("PURCHASER"); and together with the SELLER, the ("Parties"). RECITALS 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. The PURCHASER has agreed to construct certain Improvements on the Property in accordance with the Purchase and Sale Agreement ("Agreement") executed by the Parties. The Deed shall provide that if the PURCHASER does not timely commence construction of the Improvements as set forth in the 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: PURCHASER agrees at its sole cost and expense to commence construction of the Improvements in accordance with the Agreement. In the event construction of the Improvements are not timely begun, the Property shall revert to and thereafter become fee simple real estate owned by the SELLER. Within thirty (30) days of the written request of the SELLER, the PURCHASER will provide a quit claim deed to the Property in form and substance acceptable to the SELLER evidencing the reconveyance of the Property. In the event the SELLER exercises its right of reverter, SELLER shall reimburse PURCHASER the purchase price of the property described herein as well as verifiable closing costs. PURCHASER INITIALS: SELLER INITIALS: 01185713-2 Purchase and Sale Agreement Page 19 of 19 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 financed with a commercial bank or similar lender intended to fund the construction and development of the Improvements. As required, the SELLER will enter into a Subordination Agreement satisfactory to such lender. Upon completion of the Improvements satisfactory to the SELLER and evidenced by a Certificate of Occupancy, the SELLER agrees to record a release of the reverter rights described herein. This Agreement shall be binding upon the parties hereto and shall be binding upon and inure to the benefit of their successors and assigns. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. This Agreement shall be recorded in the Public Records and 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: BRIDE OF CHRIST TABERNACLE, INC. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Printed Name: Claude Maxime Printed Name: Steven B. Grant Title: President Title: Board Chair Date: Date: WITNESS: WITNESS: Printed Name: Printed Name: PURCHASER INITIALS: SELLER INITIALS: 01185713-2 CFN 20200029137 OR BK 31176 PG 1578 RECORDED 01/23/2020 12:53:08 Palm Beach County, Florida AMT 49,000.00 DEED DOC 343.00 Sharon R. Bock CLERK&COMPTROLLER Figs 1578-1579; (2Pgs) Prepared b and return to: Ken . Dodge Lewis, l,o an & Walker, P.A. 515 No a�er Drive,Suite 1500 West Pa C. FL 33401 Telephon -640-0820 File Numbe 0-0081 Will Call No.: — ISpace Alimc This Linc For Recordmg Datal _. Special Warrant Deed P Y This Special Warn Deed made this 16th day of .January, 2020 between Boynton Beach Community Redevelopment Agency,a Ida Public Agency created pursuant to Chapter 163, fart III,of Florida Statutes. whose post office address is 710 deral Highway, Boynton Beach, FL 33435, grantor, and Bride of Christ Tabernacle, Inc., a Florida Not for Profil Corp Fall ton, whose post ollice address is 300 NW 22nd Street, Boca Raton, FL 33431, grantee: (Whencscr used herein the terms grantor anter include all the panics to this instrument and the heirs.legal represenlalnes.and assigns of indis idu.as. and the successors and assign,of corpor n osis and trustee.,) Witnesseth, that said grantor, for Consideration of the sum TEN AND NO,'100 DOLLARS ($10.00)and other good and valuable considerations to said b aa , hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the saiand grantee's heirs and assigns forever, the following described land, situate, lying and being in Palm Beach County, a,to-wit: D Lot 26, Block I, E. Roberts Addt oynton, Fla., less the South 10.00 feet for road right-of-way, according to the Plat thereof as ed in Plat Book 1, Page 123, Public Records of Palm Beach County, Florida. Parcel Identification Number: 08-43-4. - 7-001-0260 4�a -nances Together with all the tenements, hereditaments athereto belonging or in anywise appertaining. To Have and to Hold, the same in Ice simple florever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims ol'all persons claiming by,through or under grantors. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTimel CFN 20200029137 BOOK 31176 PAGE 1579 20F2 Signed, sealed and delivered in our presence: Bovnton Beach C'ommunit) Redevelopment Agency, a public agency created pursuant to Chapter 163, Part III• of O Florida Statutes B}: Witness N• e: S1 et�nt C air �U�`l r S�Ft_Z TT 0� a me: v (Corporate Sea[) State of'Florida County of Palm Beach The foregoing instrument was ;� ledged before me this day of January. 2020 by Steven B. Grant of Boynton Beach Community Redevelopmen 1-y, a public agency created pursuant to Chapter 163, Part III, of Florida Statutes, on behalf of the corporation. Ile is M11v known to me or]X] has produced a driver's license as identification. [Notary Seal] �� Notary Public V4C Mercedes Coppin 0NOTARY PUBLIC O Printed Name:STATE OF FLORIDAComm#GG116242 My Commission Expires:E teExpires 6/19/2021 Q Spe,dal 11 i1rru1ily beed-Page 2 DoubleTimea JOEL M. COMERFORD,P.A. Attorney At Law 4800 N. Federal Hwy., Suite D306 Boca Raton,FL 33431 JOEL M. COMERFORD TELEPHONE (561)368-0500 FACSIMILE (561) 620-2565 E-MAIL joelgcomerfordlaw.net November 1, 2021 Via e-mail and facsimile Kenneth Dodge, Esq. Lewis, Longman & Walker 515 N. Flagler Drive, Suite 1500 West Palm Beach, FL 33401 Re: Bride of Christ Purchase from BBCRA Dear Ken: I have spoken with my client and they have asked me to relay this formal request for an extension of time, within which to commence construction. The pandemic set them back considerably, and they appreciate your client's consideration of this request. They are requesting a one year extension to January 16, 2023. They are currently working with an architect and a lender. I was able to see (and can confirm) that a preliminary set of engineering plans have been drawn up—and they are planning to submit to the City. However, they also wish to have me look into the possibility of a unity of title, so as to combine this lot with the adjacent lot they own on the west side (Lot 27). 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Roberts Addition, less the south 10 feet for road, Plat Book 1, Page 123, Public Description: Records of Palm Beach County,Florida The parties hereby agree to amend the Purchase and Sale Agreement as follows: 1. Paragraph 19 is hereby amended to read as follows: 19. PROPERTY REVERTER CLAUSE. The deed of conveyance shall contain a reverter clause that shall run with the Property, requiring the Property to be reconveyed to SELLER by quit claim deed should PURCHASER default in not commencement construction of the forty(40) child daycare facility as described in the plans and correspondence submitted to SELLER and incorporated hereby by this reference, within twenty rout- (24) months r om the date of elosi,. on or before January 16, 2023 unless otherwise agreed to in writing by both parties. In such event the Purchase Price set forth above, and the documented costs of improvements and expenses expended by PURCHASER in the development of the Property shall be reimbursed to PURCHASER. To carry out the terms of this paragraph, PURCHASER shall execute a reverter agreement in the form set forth on Exhibit `B". The provisions of this paragraph shall survive closing. Addendum supersedes contract: The provisions of this addendum are made a part of the subject Purchase and Sale Agreement, and shall supersede,govern and control all contract provisions in conflict therewith. A facsimile("fax")copy of the Agreement or this addendum and any signatures hereon shall be considered for all purposes as originals. This Agreement and/or addendum may be executed in several counterparts,each of which shall be construed as an original,but all of which shall constitute one instrument. References herein to "Seller" and 'Buyer" shall include singular or plural as context so requires or admits. Bridge of Christ Tabernacle,Inc. (Buyer) By: Its: Date: Boynton Beach Community Redevelopment Agency (Seller) By: Its: Date: 01566983-1 DoubleTime° i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD M EETING OF: November 9, 2021 NEW BUSINESS AGENDAITEM: 17.A. SUBJECT: Consideration of an Interlocal Agreement between the Boynton Beach CRA and Solid Waste Authority of Palm Beach County SUMMARY: On September 14, 2021, CRA staff submitted a new application to the Solid Waste Authority (SWA) for the 2022 SWA Blighted and Distressed Property Clean-up and Beautification Grant Program (BDPCBGP). The grant application requested a total funding amount of$132,377.00 for the following projects (see Attachment 1): • Demolition of 115 NE 4th Avenue (Cottage District) • Demolition of 133 NE 4th Avenue (Cottage District) • Demolition of 221 E MLK Blvd. • One additional year of fence rental at the Cottage District • Parking Lot Improvement for 401 E Boynton Beach Blvd. Staff received notification on October 13, 2021, that the CRA was awarded the full funding request of$132,377.00 subject to the execution of the attached draft I nterlocal Agreement (I LA) (see Attachment 11). The I LA outlines the terms and responsibilities of each party and has been reviewed by the CRA legal counsel (see Attachment 111). The first 50% disbursement of grant funds will occur after full execution of the I LA by both parties. The remaining 50% will be disbursed after SWA verification of completion and written request by the CRA. BACKGROUND The CRA has applied to and has been awarded a total of $373,702.00 in grant funding from the SWA's BDPCBGP for the past five (5)years in the following amounts: Fiscal Year Amount Completion Date 2016-17 $62,310.00 September 2016 2017-18 $73,550.75 April 2019 2018-19 $77,050.00 January 2020 2019-20 $95,450.00 December 2020 2020-21 $65,342.00 September 2021 FISCAL IMPACT: FY 2021-2022 Project Fund, line item 02-58200-405 (Site Work& Demolition), $196,592 SWA grant award of $132,377.00 will be leveraged with the CRA funds allocated in FY 2021- 2022 for the site work and demolition costs on the above described projects. CRA P LAN/P ROJ ECT/P ROG RAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the 2021-2022 Interlocal Agreement between Boynton Beach CRA and Solid Waste Authority of Palm Beach County and authorize the Board Chair to sign upon final legal review. 2. Do not approve the 2021-2022 Interlocal Agreement between Boynton Beach CRA and Solid Waste Authority of Palm Beach County. 3. The Board may approve modifications to the 2021-22 Interlocal Agreement between the Boynton Beach CRA and the Solid Waste Authority of Palm Beach County upon review and discussion. ATTACHMENTS: Description D Attachment I - Excerpts 2022 SWA Grant Application D Attachment II -Award of 2022 SWA Grant D Attachment III -2022 Final ILAfrom SWA Solid Waste Authority of Palm Beach County Blighted Property Grant Application I. General Information 1. Project Title: Boynton Beach CRA Demolition/Beautification Grant Application 2. Applicant Name: Boynton Beach Community Redevelopment Agency (Governmental Entity) 3. Contact Person: Theresa Utterback 4. Telephone: 561-600-9094 Alternate # 954-296-7327 5. Mailing Address: 100 E. Ocean Avenue, 4th Floor Boynton Beach, FL 33435 6. Email Address: utterbackt@bbfl.us 7. Federal Tax Identification #: 43-1973410 8. Grant Amount Requested from SWA: $1321377.00 I certify that the above in oration is o ect and hat,I authorized to submit this applicat' n' r Dg .1-91 by Theresa Utterback g�^ DN cn The es-Utterback-Boynton Beach CRA,—D—Services US Signature of Applicant: - h N, Mall.,Ml.1utterbackt@17-111,11' Date:2021.09.14 13:1707-04'00' Name of Applicant (printed): Theresa Utterback Title: Development Services Manager Date: Sept. 14, 2021 Solid Waste Authority of Palm Beach County Blighted and Distressed Property Clean-up and Beautification Grant Program Boynton Beach rant A lication w n` r E f .. 4 T;y Tom+ Y= { 1 Submitted September 14, 2021 by u P¢J BOYNTO �. IRA L: Ut ACH COMMUMTY REDEVELOPMENT AGENCY LJ Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application Table C"ontents, Section 1 General Information Section 2 Description of the Project and Impact on the Community Section 3 Estimated Timeframe for Completion Section 4 Project Schedule Section 5 Project Locations and Cost Estimates Section 6 How Will the Project be Maintained? Section 7 Project Budget Section 8 A. BBCRA and MLK Jr. Boulevard Corridor Redevelopment Projects (Completed Ocean Breeze East Apartments photos, MLK Jr. Boulevard Mixed Use Site Plan Application, Completed Sara Sims Park Photos) B. BBCRA FY 2021-22 Budget and Resolution (Excerpts of grant items only) and BBCRA Project Map C. Boynton Beach CRA 2020 Annual Report SECTION 1 Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application 1. General Information Background The Boynton Beach Community Redevelopment Agency (BBCRA), a public agency created by the City of Boynton Beach pursuant to Chapter 163 Part III of Florida Statutes (The Community Redevelopment Act of 1969), is tasked with eliminating slum and blight within its designated area (see Section 1 - BBCRA Map). The BBCRA was established by the City of Boynton Beach City Council on August 4, 1981 with the adoption of Resolution No. 81-SS and ordained pursuant to Ordinance No. 82-13 adopted on May 18, 1982 (see Section 1). The original BBCRA boundaries were subsequently established pursuant to Resolution No. 82-KK adopted in May 4, 1982 and later expanded pursuant to Resolution 98-33 adopted on September 3, 1988. On October 6, 2015, the City Commission appointed itself as the governing body of the BBCRA with the adoption of Resolution R15-128. Pursuant to Florida Statutes, a community redevelopment area is an area where slum and blight exist. Examples of conditions that can support the creation of a Community Redevelopment Area include, but are not limited to the presence of substandard or inadequate structures, a shortage of affordable housing and inadequate infrastructure. The BBCRA improves deteriorated areas through revitalization efforts which improves the property values within the designated BBCRA area and increases property tax revenues. The BBCRA area is 1,650 acres along the eastern edge of the City of Boynton Beach. The major north/south road in the BBCRA is Federal Highway/U.S. 1. East/west connectors are Gateway Boulevard, Boynton Beach Boulevard, Woolbright Road, and Gulfstream Boulevard. The BBCRA is responsible for developing and implementing the Community Redevelopment Plan that addresses the unique needs of the targeted area. The plan includes the overall goals for redevelopment in the area, as well as identifying the types of projects planned for the area. Examples of projects include streetscapes, redevelopment incentives for such things as fagade improvements and structural improvements, infill housing, transportation and infrastructure improvements, and downtown and waterfront revitalization. The redevelopment plan is a living document that can be updated to meet the changing needs within the Community Redevelopment Area. The funding source for BBCRA redevelopment initiatives is tax increment financing (TIF), a unique tool available to cities and counties for redevelopment activities. It is used to leverage public funds to stimulate redevelopment activity in the targeted area without raising taxes. Until now, the redevelopment activities were guided by four different plans that overlapped and did not provide a focused vision for the entire BBCRA area. In August 2014, the City Commission and BBCRA Board held a Strategic Planning Initiative work session, out of which came a high priority recommendation to consolidate the existing plans with a comprehensive update that would reflect the changes in economic environment, the objectives, as well as the achievements of the previous efforts. There Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application has been a consensus that, in spite of these significant achievements, the vision of a vibrant downtown with revitalized corridors has yet to be realized. There are six districts in the consolidated 2016 Boynton Beach Redevelopment Plan (Plan) which may be viewed by clicking the following link: https://www.boyntonbeachcra.com/home/showpublisheddocument/14/63729628993197 0000 The BBCRA would like to accomplish two goals with the current Solid Waste Authority (SWA) Blighted and Distressed Property Clean-Up and Beautification Grant request. The request will further the implementation of the 2016 Boynton Beach Community Redevelopment Plan. By utilizing the SWA funding and leveraged BBCRA funds, we believe that the implementation of this project will directly impact the quality of life for area residents and encourage further investment into the community. The five (5) proposed project activities in the 2022 grant cycle will include: • Demolish structure located at 221 E. Martin Luther King, Jr. Blvd. The BBCRA acquired this property through a tax deed sale by the Palm Beach County Tax Collector. The property is located on the MLK Jr. Boulevard Corridor in the Heart of Boynton District of the Plan (see Sections 2 and 5 for supportive documents). The property contains an abandoned residential building. The condition of the property generated several City maintenance liens ($3,916.90) and an outstanding utility bill ($4,786.94) which the BBCRA was able to cure. Within 200 feet west of this property, the BBCRA has an approved mixed-use project which will break ground in December 2021. The $35+/- million-dollar mixed-use project will consist of 124 affordable residential units and approximately 8,250 sq. ft. of neighborhood serving commercial retail space. See the following link for more details on the E. MLK Jr. Boulevard redevelopment project: https://www.boyntonbeachcra.com/bbcra-projects/current-projects/e-m Ik-jr- boulevard-redevelopment-project. The BBCRA also owns several vacant lots on E. MLK Jr. Boulevard that are designated for affordable, multi-family, home-ownership, units. The BBCRA would like to clean up this parcel by demolishing the abandoned structure. The property would then be available for the construction of a multi-family unit. More details of how this demolition activity will fit into the overall MLK Jr. Boulevard Corridor redevelopment and beautification are provided as part of this application. • Demolish structure located at 115 N.E. 4t" Avenue. This property was recently acquired as part of the BBCRA Cottage District Affordable Workforce Infill Housing Redevelopment Project (see Sections 2 and 5 for supportive documents). The purchase of 115 N.E. 4t" Avenue contributes approximately 0.1148 acres to the project providing room for three (3) additional townhome units. The BBCRA is currently negotiating a Purchase and Development Agreement with developer, Azur Equities, LLC and the property would ultimately be transferred to the awarded developer. See the following link for more details on the Cottage District Affordable Workforce Infill Housing Redevelopment Project: Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application https://www.boyntonbeachcra.com/bbcra-projects/current-projects/cottage-district More details regarding this demolition are provided as part of this application. • Demolish structure located at 133 N.E. 4t"Avenue. This property was also recently acquired as part of the BBCRA Cottage District Affordable Workforce Infill Housing Redevelopment Project (see Sections 2 and 5 for supportive documents). A condition of the purchase was to allow the sellers to remain in the premises until they were able to relocate. According to Lease the sellers must vacate the property on or before January 23, 2022. The purchase of 133 N.E. 4t" Avenue contributes approximately 0.1723 acres to the project providing room for an additional 1,750 sq. ft. single family home. The BBCRA is currently negotiating a Purchase and Development Agreement with developer, Azur Equities, LLC and the property would ultimately be transferred to the awarded developer. See the following link for more details on the Cottage District Affordable Workforce Infill Affordable Workforce Housing Redevelopment Project: https://www.bovntonbeachcra.com/bbcra-projects/current-projects/cottage-district More details regarding this demolition are provided as part of this application. • Resurfacing and extension of the parking lot for the commercial property located at 401 E. Boynton Beach Boulevard (see Sections 2 and 5 for supportive documents). In 2021 the BBCRA received SWA Blighted and Distressed Property Clean-up and Beautification Grant funding for the demolition of the adjacent building, 411 E. Boynton Beach Boulevard. The demolition of 411 E. Boynton Beach Boulevard aided in the development potential for the site which is suitable for a future mixed-use project directly across from the future Coastal Link Station within the City of Boynton Beach designated Transit Oriented Development (TOD). The BBCRA Plan and City's Land Development Regulations (LDRs) indicate the potential for this project to support a mixed-use high-density development (150' maximum height, 80 units/acre plus 25% TOD density bonus) with mixed income residential housing and commercial uses. Until more land can be leveraged for a larger development, the BBCRA would like to renovate the property and make this commercial frontage available to local businesses and entrepreneurs. • Maintain perimeter fence around the 4.6 acre parcel known as the BBCRA Cottage District Affordable Workforce Infill Housing Redevelopment Project. In 2020 the BBCRA was awarded and used SWA Blighted and Distressed Property Clean-up and Beautification Grant funding for the installation of approximately 1,838 lineal feet of rental fencing to prevent illegal dumping on the site. The vacant subject site was an open target for illegal dumping, even with numerous signage. The rental fence was installed on July 2, 2021 and has deterred all illegal dumping of large- scale objects such as furniture, appliances, construction debris and automobiles/automobile parts. The fence has also greatly reduced the illegal dumping of household garbage and has saved the BBCRA time and expense of coordinating services for debris, litter and hazardous waste removal. On July 2, 2022 the fence rental agreement will be up for renewal. If the BBCRA remains the owner of the site due to unforeseen development issues with the Cottage District Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application Affordable Workforce Infill Housing Redevelopment Project, it would be in the best interest of the community to continue rental of the perimeter fencing for the next year until the project is turned over to the developer. It will then be the responsibility of the developer to secure the site and there will be strict requirements to ensure timely development of the site in the Purchase and Development Agreement. Supportive documents are provided in this application for this funding request. Grant Request and Justification Last year the BBCRA received $65,342.00 from the SWA Blighted and Distressed Property Clean-Up and Beautification Grant for the demolition of two blighted properties and the installation of perimeter fencing around the 4.6 acre parcel known as the BBCRA Cottage District Affordable Workforce Infill Housing Redevelopment Project to prevent further deterioration and contribution to blighted conditions. Thanks to the SWA's funding for the demolition of the two sites, the BBCRA will be able to move forward with the redevelopment of two key projects for the Federal Highway District and the Downtown District. The demolition of the nonconforming 1954 structure located at 1102 N. Federal Highway (2021 SWA grant cycle) prepared the property for the commercial development of a multi- tenant 3,200 sq. ft. building. The public benefit in redeveloping this parcel is the opportunity it provides for commercial spaces that are desperately needed. It also eliminated an eyesore at the eastern gateway to the MLK Jr. Boulevard corridor. The demolition and clean-up of 411 E. Boynton Beach Boulevard not only prepared the property for the future development of a high density, mixed-use project when more land is obtained (150' maximum height, 80 units/acre plus 25% TOD density bonus), it has sparked interest from local businesses and entrepreneurs for the adjacent commercial frontage. See the following link for the details of LOIs received on the properties, https://boyntonbeach.novusagenda.com/agendapublic/CoverSheet.aspx?Item ID=9924& MeetinglD=370 Successful completion of the projects provided momentum for the BBCRA to continue its redevelopment activities in the Downtown District, Federal Highway District and along the eastern section of the MLK Jr. Boulevard corridor within the Heart of Boynton District. All work related to last year's allocation has been completed ahead of schedule and the grant closeout and a request for final disbursement will be forwarded by September 17, 2021 . For the 2022 grant cycle, the BBCRA is respectfully requesting a total of$132,377 for the demolition of three properties, parking lot improvements as exterior clean-up and beautification-hardscape of a commercial property and to maintain the rental cost of the perimeter fencing around the Cottage District Affordable Workforce Infill Housing Redevelopment Project site for illegal dumping mitigation. SWA grant funding aides the BBCRA in the beautification of the most prominent BBCRA's commercial corridors in the downtown core and furthers the economic development efforts in the Heart of Boynton community along the eastern portion of the MLK, Jr. Boulevard Corridor. The scope of Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application work under the current funding cycle will further the BBCRA's efforts to eliminate slum and blighted conditions and will comply with Section 1.3, Eligibility Requirements. Supportive documents are included as part of this submission package. The BBCRA continues to be affected by the devastating economic impact of COVID-19 and the disbursement of relief funding to small businesses by the BBCRA and the competing priorities of FY 2021-2022 have left $196,592 (or a portion thereof) for site work and demolition (see attached excerpts from FY 2021-2022 Budget). Competing priorities for FY 2021-2022 include the continued assistance to the City for the Town Square Project ($3.55 million), a $3.2 Million shortfall currently exists for the MILK Jr. Boulevard Corridor Redevelopment Project along with the project's commercial component costs and government match (totaling $2.65 million, see https://boyntonbeach.novusagenda.com/agendapublic/CoverSheet.aspx?Item ID=11708 &MeetinglD=375). $823,000 is committed for the 508 East Boynton Beach Boulevard acquisition, $385,850 is allocated towards infrastructure improvements for the Cottage District Affordable Workforce Infill Housing project leaving only $196,592 for all site work, demolition, and environmental activities for the upcoming new fiscal year. The BBCRA is under negotiations for the acquisition of a $3.6 Million parcel which, if acquired, will become part of the 115 N. Federal Highway Infill Mixed-Use Redevelopment Project, currently under a Request for Proposals and Developer Qualifications. Since the FY 2021-2022 Budget is scheduled for adoption on September 14, 2021, BBCRA Staff anticipates that the proposed site work& demolition funds ($196,592 or a portion thereof) may be used to address the shortfalls the BBCRA may face in FY 2021-2022. The requested SWA grant funding will be leveraged with BBCRA funds (see Section 5 for detailed cost estimates for items in this application). Two of the three demolitions referenced in our grant application arose during the month of August after budget commitments to other priorities had been made. This would mean the blighted conditions will remain until funds can be budgeted and become available in FY 2022-2023. As a government agency whose mission is to eliminate slum and blight, our 39-year record of successful redevelopment will ensure that the grant funding will be properly used in alignment with the SWA's grant objectives to improve the quality of life and provide a safer, healthier and more aesthetically pleasing environment. Since the BBCRA team will be responsible for all phases of the grant implementation, consistent quality and safety controls will be maintained throughout the demolition and property maintenance processes. If the requested funds are awarded, the BBCRA is confident it will be able to successfully complete the demolition of the three properties within 12 months. Furthermore, as a past grant recipient for the past six years, the BBCRA has the demonstrated capacity to perform the work within the designated time and cover any unanticipated costs that would occur to successfully complete the grant activities. Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application Conclusion The grant funds allow the blighted property to be demolished timely to leverage private investment and attract development interest and help improve the overall appearance of the Heart of Boynton District. Home ownership contributes to community pride and aides in facilitating the community's desire to implement its Plan. Key assemblages and redevelopment of properties such as 115 and 133 N.E. 4t"Avenue (as part of the Cottage District Affordable Workforce Infill Housing Redevelopment Project) and 221 E. MILK, Jr. Boulevard allows the BBCRA to ensure equitable redevelopment and implement the City's strategic plans to create a more economically diverse community. Additionally, providing affordable housing opportunities will help stabilize the local economy and continue to offset the ongoing negative consequences of the COVID-19 pandemic. Hardscape improvements to the commercial property, 401 E. Boynton Beach Boulevard, allow the BBCRA to ensure equitable redevelopment and implement the City's strategic plans to create a more economically diverse downtown. This provides opportunities for small businesses to be reactivated along a major commercial corridor such as Boynton Beach Boulevard and will help stabilize the local economy. As most small businesses and startups cannot afford the market rate land and increasing construction costs of a new building, the BBCRA can offset the initial costs by providing the land at a reduced value and/or at a discounted rent to incubate the new businesses. This leveraging of funds towards the common goal of elimination of slum and blight is another example of how creative partnerships between public agencies like the SWA and BBCRA can accomplish more together than what each can do alone. Since the BBCRA is a public entity that is charged with the redevelopment of the area, this is a long-term commitment for the Agency. MAP OF CRA AREA NE th Ave Gate„laY 81v Cn r W Z 4i m Stanley Wea er Canal moo" a v > `� Martin Luther Kin r Blvd a O U y I � z W c LL' z W Boynton Beach 1 d E Oc a Ave Z 2nd A e > 2 as 00 L y d 'a V CD 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 Nr,,_ 0 0.25 o.s "+E OYON `BEACH Miles g SECTION 2 Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application 2. Descrir)tion of the Prc�iect and Impact on the Community Demolition Activities The BBCRA is requesting $48,668 to be used for the demolition of the 221 E. Martin Luther King, Jr. Blvd. and 115 and 133 N.E. 4t" Avenue buildings. In furthering the redevelopment goals contained in the adopted Plan, Heart of Boynton District, 221 E. Martin Luther King, Jr. Blvd. will be redeveloped as part of the east portion of the MLK Jr. Boulevard Corridor Redevelopment for the construction of an affordable multi-family unit. Parcels 115 and 133 N.E. 4t" Avenue will become part of the BBCRA Cottage District Affordable Workforce Infill Housing Redevelopment Project (see Sections 2 and 5 for supportive documents). Additionally, other supplemental information is attached in Section 8a to provide a contextual reference of the BBCRA's ongoing redevelopment efforts which have resulted in the private investment into the area over the past five years. Continued investment in an underserved area like the Heart of Boynton District reaffirms to the community that their BBCRA Plan is at work, building confidence and trust between residents and their government. Exterior Clean-up and Beautification-Hardscape The BBCRA is requesting $77,559 for the resurfacing and expansion of the parking lot for the commercial space located at 401 E. Boynton Beach Boulevard. The current parking lot is in disrepair and the configuration creates a safety hazard for the public. The existing nonconforming back-out parking spaces along the heavily traveled Boynton Beach Boulevard does not allow vehicles to leave in a forward direction and the existing additional curb cut on NE 3rd Street encourages more traffic conflicts at the intersection. Additionally, due to the proximity of the FEC railway, east bound traffic caught at the tracks often therefore, patrons must back out (into oncoming, west bound, traffic) onto Boynton Beach Boulevard. As leverage, the BBCRA will assist in the overall renovations of 401 E. Boynton Beach Boulevard by providing property improvement grant funding (matching funding maximum $25,000) to qualified applicants. Improvements to the property will provide desired commercial space for local businesses along one of the City's main corridors. An RFP may be issued for local businesses interested in leasing the space until a larger assemblage for redevelopment can occur. Boynton Beach Boulevard will receive a facelift in 2023 from the PBC Transportation Planning Agency's Local Initiative (TPA LI) Grant Program and the Federal Land Access Grant Program to make the corridor into a complete street (from Federal Highway to I- 95). It will include traffic calming and enhanced pedestrian amenities such as landscaping, widened decorative sidewalks, and the accommodation of other modes of transportation. Since the Boynton Beach Boulevard improvements will not be let/advertised for bid by FDOT until late 2023 and this is an area in transition, the BBCRA feels that the inactivity Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application continues to contribute to the slum and blight condition. It is counterproductive to the private sector's investments east of this parcel on Federal Highway such as the mixed- use developments of Casa Costa, Marina Village, 500 Ocean and the City and BBCRA investments in the Town Square project. Illegal Dumping Mitigation The BBCRA is requesting $6,150 to be used to extend the rental period of the perimeter fence around the 4.6 acre Cottage District Infill Affordable Workforce Housing Redevelopment Project. Keeping the fence for an additional year, while the BBCRA continues to pursue the redevelopment of the parcel, will continue to deter illegal dumping that was successfully mitigated with the installation of the fence in 2021. The redevelopment of these properties will further stabilize the neighborhood by providing affordable housing for existing and new residents in the area who will contribute to the fabric of the community. The BBCRA has been engaging the community for the past three decades and has continued to do so by requiring the selected developers to involve the community in the redevelopment process as well as requiring the new development to incorporate the area's culture and history as well as contribute to the City's wealth building initiative. The redevelopment of these properties will provide a much-needed improvement to the streetscape and further our efforts in the elimination of slum and blighted conditions in these areas. The preliminary schedule is attached in Section 3 for the SWA's consideration. Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application Activities Unit Cost of service ($) 221 E. Martin Luther King, Jr. Boulevard Asbestos Survey 1 $600 Demolition (including structure, removal of asphalt and installation of hay and seed) 1 $15,200 Permit Fee 1 $556 Total $16,356 115 N.E.4t" Avenue Asbestos Survey 1 $400 Demolition (including structure, removal of asphalt and installation of hay and seed) 1 $15,200 Permit Fee 1 $556 Total $16,156 133 N.E.4t" Avenue Asbestos Survey 1 $400 Demolition (including structure, removal of asphalt and installation of hay and seed) 1 $15,200 Permit Fee 1 $556 Total $16,156 401 E. Boynton Beach Boulevard Parking Lot Resurfacing/Expansion 1 $75,300 Permit Fee 1 $2,259 Total $77,559 Perimeter Fencing Cottage District Project 1 year rental extension 1 $6,150 Total $6,150 OVERALL GRANT APPLICATION TOTAL $132,377 SECTION 3 Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application 3. Estimated Timeframe for Completion Based on the preliminary quotes obtained, the grant activities will not require formal Invitation to Bids (ITB) to be issued. Upon execution of the ILA between the SWA and the BBCRA, the BBCRA will obtain two other quotes for the grant activities in accordance with the procurement policy and prepare the appropriate contract. The demolition activities can begin upon issuance of the demolition permit by the City. Mobilization and demolition will take approximately 30 days for 221 E. MLK, Jr. Boulevard and 115 N.E. 4th Avenue. Due to the current Lease agreement with the sellers of 133 N.E. 4t" Avenue, mobilization and demolition would take 60 days after their vacating the premises which is anticipated to be January 23, 2022. All demolition activities should be completed and closed out within the 12 month 2022 SWA grant cycle. The rental agreement for the Cottage District fencing would be renewed for an additional year from the date of installation, July 1, 2021 . The resurfacing and expansion of the parking lot for the commercial structure located at 401 E. Boynton Beach Boulevard will require City's approval of a minor site plan modification and land development permit. It is anticipated to take approximately 180 days from the submittal of the application for the minor site plan modification to receive the issuance of a permit by the City. The resurfacing and expansion of the parking lot may begin upon the anticipated issuance of the land development permit by the City in June 2022 and will take approximately 120 days completing the project within the 12 month 2022 SWA grant cycle. Additionally, as a past recipient of this grant, the BBCRA has streamlined the grant implementation and reporting processes to effectively communicate and address unforeseen issues efficiently for the successful completion of the project. SECTION 4 Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application 4. Prc�ject Schedule Entity Task Start Date Completion Date Responsible Demolition 221 E. Martin Luther January 10, 2022 June 1, 2022 Boynton Beach King, Jr. Boulevard** CRA 115 N.E. 4t" Avenue** January 1, 2022 June 1, 2022 Boynton Beach CRA 133 N.E. 4t" Avenue** March 1, 2022 October 1, 2022 Boynton Beach CRA Exterior Clean-up and Beautification- Hardsca e 401 E. Boynton Beach Boulevard-Parking Lot Boynton Beach Resurface/Expansion June 1, 2022 October 1, 2022 CRA Illegal Dumping Mitigation Cottage District Fencing July 1, 2021 July 1, 2022 Boynton Beach Lease Renewal*** CRA Due to recent statutory changes regulating CRAs, the BBCRA is required to comply with the City of Boynton Beach's Procurement Requirements for all grant activities ** Dates anticipates grant award and execution of ILA by November 1, 2021 *** Lease did not start until fence was installed per contract.The delay was due to a combination of contract negotiations and permitting issues. All BBCRA activities relating to the SWA grant must comply with the attached excerpts of the City of Boynton Beach's procurement procedures and policies. SECTION 5 A. Demolition Site 221 E. Martin Luther King, Jr. Boulevard, Boynton Beach, FL 33435 Parcel Control Number: 08-43-45-21-27-001-0220 Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application 5. Prc�iect Location A. Demolition Site 221 E. Martin Luther King, Jr. Boulevard, Boynton Beach, FL 33435 Parcel Control Number: 08-43-45-21-27-001-022 The BBCRA acquired this property through a tax deed sale by the Palm Beach County Tax Collector. The property supports a 1,139 sq. ft. structure built in 1955 which is located on the MLK Jr. Boulevard Corridor in the Heart of Boynton District. This corridor is a priority redevelopment area for the BBCRA this year with the commencement of construction, due to begin early next year, on the E. MLK Jr. Boulevard redevelopment project. Centennial Management Corp. (CMC), a for-profit multifamily affordable housing developer, has submitted the project permitting and anticipates construction will begin in 2022. The purchase of the property has already eliminated the ongoing issues an abandoned structure poses for the surrounding community such as trespassing, loitering, property destruction and illegal dumping. In preparation of the new E. MLK Jr. Boulevard redevelopment project the City and BBCRA are joining efforts on a street lighting project for the MLK Jr. Boulevard Corridor. The street lighting project has a design budget of $150,000. The lighting design will begin FY 2021-2022 and will coordinate with the construction of the E. MLK Jr. Boulevard redevelopment project. This property is in close vicinity of the Sara Sims Park Expansion (W. MLK Jr. Boulevard) which was a City/BBCRA collaboration. The BBCRA contributed $921,000 to the park and it was completed last year. The demolition of 221 E. MLK Jr. Boulevard will serve as a catalyst for redevelopment to the eastern portion of the corridor. Leveraging BBCRA-owned land, on MLK Jr. Boulevard Corridor, along with BBCRA economic development grants, the BBCRA is seeking to attract private developers to build more multi-family developments along the corridor. ©Ov 0 f 4- , F.. f A sales Information , Appraisals - I xv 24 =t i a T r� w. Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application LU r" Y fwd e I� v ; � UY� N 4' lyprz�t j� itt i�N 1H � ) 4A 1 i utf4 4i r"l-NIF J"' _ 4 AV »3flst ! A"01rri M9 zr s n CL I r Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application A. Demolition Site 221 E. Martin Luther King, Jr. Boulevard r i �+1 3 t' i Northeast Elevation t R \ 1 South Elevation Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application 5 „t y') 1 S r' West Elevation East Elevation S )1 � t i , Interior Interior Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application Adjacent Properties z r 1, e 1,4 r) S, ftr S f£Si Ir�'�rA�%Ir rtr lir fitr (zl 1£ t��� £ r i 1, A t Yfi'�ICY}i 1 `r North South t t Ik f S t 1 � ! ( p S� t 1 S } { l 1 } �•.:r� ' ,£ x411 V11;� !�s i � rrrl5i£1���Vrr��S\��J tb t £tp S F East West Property Detail Parcel Control Number: 08-43-45-21-27-001-0220 Location Address: 221 E MARTIN LUTHER KING JR BLVD Owners: BOYNTON BEACH CRA Mailing Address: 100 E OCEAN AVE FLOOR 4,BOYNTON BEACH FL 33435 4515 Last Sale: APR-2021 Book/Page#: 32385 /545 Price: $103,300 Property Use Code: 0100-SINGLE FAMILY Zoning: R2-R2 DUPLEX,10 DU/AC(08-BOYNTON BEACH) O Legal Description: E ROBERTS ADD TO BOYNTON LT 22 Total SF: 1139 Acres 0.1608 (LESS S 10 FT RD R/W)BLK 1 2021 Values (Preliminary) 2021 Taxes (Preliminary Improvement Value $78,548 Ad Valorem $2,412 O Land Value $48,012 Non Ad Valorem $298 Total Tax $2,710 z Total Market Value $126,560 2021 Qualified Exemptions X Assessed Value $107,410 z Exemption Amount $0 No Details Found t� Applicants Taxable Value $107,410 A PP y All values are as of.anuary Ist each year. No Details Found n x Building Footprint(Building 1) Subarea and Square Footage(Building 1) n X43 Description Area Sq.Footage 13BAS Base Area 884 ro 9" g SFB Semi Finished Base Area 91 X z " UST Unfinished Storage 20 . 0 UEP Unfinished Encl.Porch 144 Total Square Footage: 1139 w Total Area Under Air: 975 Extra Features N Description Year Built Unit o 0 No Extra Feature Available 0 N s Structural Details(Building 1) MAP 0 Description 1. Exterior Wall 1 MSY CB STUCCO z7 ' c� 2. Year Built 1955 uj 3. Air Condition Desc. NO HTG/AC 4. Heat Type NONE 5. Heat Fuel NONE 6. Bed Rooms 2 7. Full Baths 1 8. Half Baths 0 9. Exterior Wall 2 NONE M a P n n, L U I Nt f,-[ K i li J t B,I v d 10. Roof Structure GABLE/HIP 11. Roof Cover ASPHALT/COMPOSITION 12. Interior Wall 1 PLASTER 13. Interior Wall 2 N/A 14. Floor Type 1 HARDWOOD 15. Floor Type 2 N/A 16. Stories 1 Dorothy Jacks,CFA,AAS PALM BEACH COUNTY PROPERTY APPRAISER www.pbcgov.org/PAPA 9/14/2021 MIAMI REC INO PROGRESSBDEOLMON May 1, 2021 MWC #21-101 Boynton Beach CRA 100 E Ocean Ave. Boynton Beach, FL 33435 Attn: Theresa Utterback (561) 600-9094 -direct utterbackTT@bbfl.us DEMOLITION PROPOSAL Single-Family Residence 221 E Martin Luther King Jr Blvd. Boynton Beach, FL 33435 SCOPE OF WORK INCLUSIONS Miami Wrecking Co. proposes to furnish all the necessary tools, labor, and equipment for the demolition at the above referenced location: • Demolish existing single-story residential building in its entirety • Remove slab and foundations • Remove concrete pavement within property limits • Haul away and dispose of debris legally • Pre-demolition requirements: o Demolition permit and fees o Evacuate A/C refrigerant and provide clean letter o Cut and cap all utilities TOTAL IC S .. 14,000 ALTERNATES • Install bahia sod after demo ....................... ADD $1,200 Danny Olkeriil Project Estimator Ass�r�� 4540 NW 8'"TERRACE• OAKLAND PARK, FL 33309 • 954-492-2727 • FAX 954-492-2726 AR*5 EMOROMMENTALmc Environmental Consulting Services Asbestos Business License -0000164 Asbestos Consulting • Radon Measurements • Lead Assessments • Indoor Air Quality Testing • Mold Investigations Today's Date: 4/21/2021 Proposal Number: 20211046 Client: Job Site: Theresa Utterback Property Boynton Beach CRA 221 East Martin Luther King Jr. Boulevard 710 North Federal Highway Boynton Beach, FL Boynton Beach, Florida 33435 BOYNTO `. RA, PROPOSAL Please allow this letter to serve as our "Proposal Agreement" for the above referenced Client and ARS Environmental, Inc. as the Consultants. ARTICLE ONE - CONTRACT DOCUMENTS All documents noted herein shall be provided to the Consultant by the Owner. These contract documents represent the entire agreement of both parties and supersede any prior oral or written agreement. ARTICLE TWO - SCOPE OF WORK Asbestos Building Survey. Interior/Exterior/Roof. - Visual inspection of subject site by a certified technician. - Bulk sampling and laboratory analysis. - Documentation of findings in a written report suitable for permitting. ARTICLE THREE - THE CONTRACT PRICE The purchase price of the project shall be for the sum of: 6$ 00.00 ARTICLE FOUR - MOBILIZATION PAYMENT, PROGRESS PAYMENT, AND FINAL PAYMENT Mobilization Required Before Work Commences: $0.00 Progress Payment Required Prior to Completion of Work: $0.00 Payment Due Upon Completion: 6$ 00.00 151 North Nob Hill Road, #462, Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironmental.com • sales@arsenvironentl.co Page 1 of 2 AR*5 EMROMMENLmc Asbestos Business License *ZA-0000164 O TA EnvirOnn�enta| ConBu|ting Services Asbestos Consulting Radon Measurements Lead Asts Indoor Air Quality Testi Mold Investigations �Today's Date: 4/21/2021 Proposal Number: 20211046 Client: ]ob Site: Theresa Utterback Property Boynton Beach CRA 221 East Martin Luther King ]r. Boulevard 71ONorth Federal Highway Boynton Beach, FL Boynton Beach, Florida 33435 ARTICLE FIVE - CONSULTANT 4R5 shall treat asconfidential all information that relates tothis Proposal and that the Owner supplies or obtains asa result of performance under this Proposal, unless such information without the prior written consent of the Owner, unless compelled to do so Uv |aw. ARTICLE SIX - OWNER The Owner shall have the right to use any information developed by ARS under this Proposal. In the event of any reuse by the Owner of anv oortion of such information. ARS shall not be liable to the Owner for anv damaaes that could arise from the reuse. JARTICLE SEVEN - GENERAL PROVISIONS The Owner or ARS may terminate this Proposal in whole or in part, by giving five (5) days written notice to the other. If terminated Uythe Owner, the Owner shall pay all reasonable costs incurred, including any cancellation changes by vendors, plus reasonable amount for indirect costs and orofits. ARTICLE EIGHT - TERMINATION OF CONTRACT If the Owner or the Consultant shall default on the contract, the non-defaulting party may declare the contract is in default and proceed against the defaulting party for the recovery of all damages incurred as a result of said breach of contract, including a reasonable attorney's fee. In the case of defaulting Owner, the Earnest money herein mentioned shall be applied to the legally ascertained damages. In the event of default by the Owner orConsultant, the non-defaulting party may state his intention to comply with the contract and proceed for specific performance. In the case of defaulting Owner, the Consultant may accept, at his option the earnest money as shown herein as liquidated damages, should earnest money not cover the expenses to date, the Consultant may make claim to the Owner for all work executed and for proven loss with respect to equipment, materials, tools, construction equipment and machinery, including reasonable overhead, profit and damages applicable tothe property less the earnest money. ARTICLE NINE - ACCEPTANCE By execution of this document, z agree to have read and fully understand all statements and implications of this document. z agree to explicitly abide Uyand follow the above conditions as ||yteU |nthis agreement. Axo rnes/oenc Accepted By: Signature ARS Environmental a|ex@ansenvironnnenta|.conn Date: 954-227-2402 Date: 4/21/2021 151 North Nob Hill Road, #462, Plantation, FL 33324 e Phone 954-227-2402 e Fax 866-816-5110 Document Id: 6721 vvvvvv.arBenvirOnrnenta|.cOrn e Ba|eB@arBenvirOnrnenta|.cOrn p8g8 2 of SECTION 5 B. Demolition Site 115 N.E. 4th Avenue, Boynton Beach, FL 33435 Parcel Control Number: 08-43-45-21-29-003-0052 C. Demolition Site 133 N.E. 4th Avenue, Boynton Beach, FL 33435 Parcel Control Number: 08-43-45-21-29-003-0031 Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application B. Demolition Site 115 N.E. 4t" Avenue, Boynton Beach, FL 33435 Parcel Control Number: 08-43-45-21-29-003-005 The BBCRA acquired this property on July 23, 2021 and agreed to a thirty (30) day post occupancy agreement with the seller. The property has been in the BBCRA possession since August 30, 2021. The property supports a 1,134 sq. ft. structure built in 1930. The property was acquired as part of the BBCRA Cottage District Affordable Workforce Infill Housing Redevelopment Project (see Sections 2 and 5 for supportive documents). View Pro per Ty Tt'e DO rd J bw hers BOYNTON BEACHLRw � I s Property Detail - s I15NE4TH AvE M., BOYNTON BE,C'f. (<+ 2 ?-!No 08434521290039052 ;+ Yd-- FHEPARD ADD TO TO'NN OF BOYNTON IN uh 25474 ie}352 115 NE 4TH AVE - - r. BOYNTON BEACH FL 3 343 5 3665 -- - 12164-SINCL:FAS91LY -I Sales Informatiarr - ti. ' sat®s vara Pd+;e APR 2013 64500 AUC'2D12 10 UN 201'1 G DEC2009494DD SSS 4'- )AN 1986 395DO 1 Z s � SYki� 3 I�j �E Appraisals Tax rear ?qas v Y 191,711 40C D, - a,# d"Mu, 5137.64 - 1 n 11 re a t i y 1.r h hm Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application C. Demolition Site 133 N.E. 4t" Avenue, Boynton Beach, FL 33435 Parcel Control Number: 08-43-45-21-29-003-003 The BBCRA acquired this property on July 27, 2021 and agreed to Lease it back to the seller. The seller is due to vacate the property by January 23, 2022. The property supports a 1 ,602 sq. ft. structure built in 2003. The property was acquired as part of the BBCRA Cottage District Affordable Workforce Infill Housing Redevelopment Project (see Sections 2 and 5 for supportive documents). View Prap�rtyRecord i Owners wti GO�YN ON BES.-i C RA + Property Detail rv. 113 NE 4TH A4'E 6. i +l GOYN'7N BEACH 1R.48 3.5_1230036031 SdEPARD ADD TO TUAlk OF BOYNTON IN .R 32754 7k 1962 0 `'.: S I.Dace JUL-2021 li - 100 E OCEAN AVE FL 3TH BOYNTON BEACH FL343555IS - ll7 o DIOC SI IFE F.AMI 1 41 Sales Information � t dales mare erica jNL%0'I 30000D j MAR-2016 IC J ' : AUG-2014 135P50 l� .A?R--2914 D 1 MAR 240.0 1151. 1 2 3 1 � A ,P r NE 4ih A Appraisals 41h T Year 2021 H 5157.630 P L SS,GD ,.a,Oar—'al'e 52017,65s � S11 'i E I { P a'r.. All re as it 11 h ,.. r As stated, 115 and 133 N.E. 4t" Avenue are located within the BBCRA Cottage District Affordable Workforce Infill Housing Redevelopment Project which is approximately 4.6 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 addition of these two lots to the project not only allows for an additional four (4) units and greenspace it completes the frontage on N.E. 4T" Avenue. The Project site lies within the BBCRA Heart of Boynton District boundaries and is identified in the BBCRA Plan as a priority residential site. Additionally, the properties are also located in the PBC Qualified Opportunity Zone. For more information, see http://maps.co.palm-beach.f1.us/cwgis/?app=pbc interactive. The BBCRA has been assembling the properties for many years and has previously issued several RFPs for development proposals. Unfortunately, the lack of interest was Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application due to an existing food pantry that was located at the southeast corner of the property (145 NE 4t"Avenue). On January 30, 2020, the BBCRA was successful in acquiring this property and demolished the existing, extremely nonconforming, structure. On August 17, 2020 the BBCRA once again issued an RFP for development proposals and received five (5) viable responses. The BBCRA is currently negotiating a Purchase and Development Agreement with developer, Azur Equities, LLC and the transfer of the property would then take place according to the terms outlined in the executed agreement. The requested demolition funds will enable the equitable redevelopment of an underserved area, bringing it closer to the quality of the new residential and mixed-use projects in other BBCRA Districts. The attached maps and photos provided show the existing conditions of the buildings and surrounding properties. It should be noted that the BBCRA has invested heavily in the Heart of Boynton neighborhoods by supporting the local housing partners such as Habitat for Humanity of South Palm Beach County (HFHSPBC), Boynton Beach Community Development Corporation (CDC), and Centennial Management Corp. (CMC), a for-profit multifamily affordable housing developer. The BBCRA has acquired, assembled, and made land available at a low or no cost to these housing providers and will continue to do so to prevent displacement and gentrification. In FY 2020-21, the BBCRA has seen the results of its seeded investment with the completed 123 new affordable units known as Ocean Breeze East. Ocean Breeze East was built and is managed by CMC and is located one (1) block north of the Cottage District between N. Seacrest Boulevard and N.E. 1St Street. There is still more left to be done and with the SWA's grant assistance, the BBCRA resources can be stretched even further. PT 41 lowt�s� tall v'K F 115 e� IjS �j �F�a'v11p- `� lryv y� 7. i 1 3,gyp s Property Detail Parcel Control Number: 08-43-45-21-29-003-0052 Location Address: 115 NE 4TH AVE Owners: BROWN MCINTOSH VALRIE Mailing Address: 115 NE 4TH AVE,BOYNTON BEACH FL 33435 3865 Last Sale: APR-2013 Book/Page#: 25924 /1862 Price: $64,500 Property Use Code: 0100-SINGLE FAMILY Zoning: R2-R2 DUPLEX,10 DU/AC(08-BOYNTON BEACH) O Legal Description: SHEPARD ADD E 50 FT OF S 100 FT OF Total SF: 1134 Acres 0.1148 LT5BLK3 2021 Values (Preliminary) 2021 Taxes (Preliminary Improvement Value $97,760 Ad Valorem $514 Land Value $40,004 Non Ad Valorem$298 Total Tax $812 Total Market Value $137,764 2021 QualifiedZ Assessed Value $49,217 Exemptions Exemption Amount $25,000 Homestead n Taxable Value $24,217 Applicants z All values are as of.anuary Ist each year. BROWN MCINTOSH VALRIE Building Footprint(Building 1 ISubarea and Square Footage(Building 1) x C Description Area Sq.Footage f t"mak ( , SFB Semi Finished Base Area 144 BAS Base Area 990 Total Square Footage: 1134 ro Total Area Under Air: 1134 n ,$ z Extra Features o Description Year Built Unit -P. W No Extra Feature Available -P. N g � 0 w 0 0 Structural Details(Building 1) MAP Description 1. Exterior Wall 1 WSF:VINYL/STL/ALUM NE 5th Ave o 2. Year Built 1930 3. Air Condition Desc. HTG&AC 4. Heat Type FORCED AIR DUCT € 5. Heat Fuel ELECTRIC t 6. Bed Rooms 3 7. Full Baths 2 8. Half Baths 0 9. Roof Structure GABLE/HIP NE 401 Ave 10. Roof Cover MIN.ROOFING (CORR/SH.M) 11. Interior Wall 1 WALL BOARD OR WOOD WALL 12. Interior Wall 2 N/A 13. Floor Type 1 FINE OR SOFT WOOD 14. Stories 1 NE a n d Ave Dorothy Jacks,CFA,AAS PALM BEACH COUNTY PROPERTY APPRAISER www.pbcgov.org/PAPA 9/14/2021 Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application B. Demolition Site 115 N.E. 4th Avenue (Cottage District) Aim 1 n f North Elevation � ,tt y r^ } l {4 9 !t 3 Interior Interior Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application ,r r, 7 7 ,v { y• � s st t � tr# - t - ��� - °f q ,fit �n t it � \-t �,� 1 �`1 , b t d ,t ,,t; n,, •it `3N _ - i }nn I1��I1 South Side of Property Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application f lt� 1)i tis 1t�S11;11�k�{ f kk_ 1 i r kt r i. r. �u a r F r , — F dWts k t t in3 v. �S. r„ 4 S 1S 9 y �3"raj 1 1 lt� -Y 7 rt i, \<< ,Mzi, East Side of the Property Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application t { +l1£;ijl�tl} �t�i,i��F1S�I1�s{4{iZ}},{tiAll+r I � 4 +1 t a!�i:i' � �, n1 A! (('�1, tj I�t1{li���ltt�tl tZt�FIVl,�1 I�ttS}4 ,V}l { � {�1`,�l �ffff�� '�{F• ! rA !;; t, �5�4 yli��1{tAililt sl{ts1' 1'4�11'Q 71 . I F Rh 4 }4{ 1 hlI I — I t 1v*< 4 s ( 4 4 4M 4� s t , tI k3 44 ,Ni gg+4 4 , {^ 4 14 West Side of the Property Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application Adjacent Properties 11 Mq r North South t t t s�I+aiNSid� _ - � x�East West AR*5 EMOROMMENTALmc Environmental Consulting Services Asbestos Business License -0000164 Asbestos Consulting • Radon Measurements • Lead Assessments • Indoor Air Quality Testing • Mold Investigations Today's Date: 8/24/2021 Proposal Number: 20212568 Client: Job Site: Theresa Utterback Residential Dwelling Boynton Beach CRA 115 North East 4th Avenue 710 North Federal Highway Boynton Beach, FL Boynton Beach, Florida 33435 BOYNTO `. RA, PROPOSAL Please allow this letter to serve as our "Proposal Agreement" for the above referenced Client and ARS Environmental, Inc. as the Consultants. ARTICLE ONE - CONTRACT DOCUMENTS All documents noted herein shall be provided to the Consultant by the Owner. These contract documents represent the entire agreement of both parties and supersede any prior oral or written agreement. ARTICLE TWO - SCOPE OF WORK Asbestos Building Survey. Interior/Exterior/Roof. - Visual inspection of subject site by a certified technician. - Bulk sampling and laboratory analysis. - Documentation of findings in a written report suitable for permitting. i +t ARTICLE THREE - THE CONTRACT PRICE The purchase price of the project shall be for the sum of: 4$ 00.00 ARTICLE FOUR - MOBILIZATION PAYMENT, PROGRESS PAYMENT, AND FINAL PAYMENT Mobilization Required Before Work Commences: $0.00 Progress Payment Required Prior to Completion of Work: $0.00 Payment Due Upon Completion: 4$ 00.00 151 North Nob Hill Road, #462, Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironmental.com • sales@arsenvironentl.co Page 1 of 2 AR*5 EMROMMENLmc Asbestos Business License *ZA-0000164 O TA EnvirOnn�enta| ConBu|ting Services Asbestos Consulting Radon Measurements Lead Asts Indoor Air Quality Testi Mold Investigations �Today's Date: 8/24/2021 Proposal Number: 20212568 Client: ]ob Site: Theresa Utterback Residential Dwelling Boynton Beach CRA 115 North East 4th Avenue 71ONorth Federal Highway Boynton Beach, FL Boynton Beach, Florida 33435 ARTICLE FIVE - CONSULTANT 4R5 shall treat asconfidential all information that relates tothis Proposal and that the Owner supplies or obtains asa result of performance under this Proposal, unless such information without the prior written consent of the Owner, unless compelled to do so Uv |aw. ARTICLE SIX - OWNER The Owner shall have the right to use any information developed by ARS under this Proposal. In the event of any reuse by the Owner of anv oortion of such information. ARS shall not be liable to the Owner for anv damaaes that could arise from the reuse. JARTICLE SEVEN - GENERAL PROVISIONS The Owner or ARS may terminate this Proposal in whole or in part, by giving five (5) days written notice to the other. If terminated Uythe Owner, the Owner shall pay all reasonable costs incurred, including any cancellation changes by vendors, plus reasonable amount for indirect costs and orofits. ARTICLE EIGHT - TERMINATION OF CONTRACT If the Owner or the Consultant shall default on the contract, the non-defaulting party may declare the contract is in default and proceed against the defaulting party for the recovery of all damages incurred as a result of said breach of contract, including a reasonable attorney's fee. In the case of defaulting Owner, the Earnest money herein mentioned shall be applied to the legally ascertained damages. In the event of default by the Owner orConsultant, the non-defaulting party may state his intention to comply with the contract and proceed for specific performance. In the case of defaulting Owner, the Consultant may accept, at his option the earnest money as shown herein as liquidated damages, should earnest money not cover the expenses to date, the Consultant may make claim to the Owner for all work executed and for proven loss with respect to equipment, materials, tools, construction equipment and machinery, including reasonable overhead, profit and damages applicable tothe property less the earnest money. ARTICLE NINE - ACCEPTANCE By execution of this document, z agree to have read and fully understand all statements and implications of this document. z agree to explicitly abide Uyand follow the above conditions as ||yteU |nthis agreement. Axo rnes/oenc Accepted By: Signature ARS Environmental a|ex@ansenvironnnenta|.conn Date: 954-227-2402 Date: 8/24/2021 151 North Nob Hill Road, #462, Plantation, FL 33324 e Phone 954-227-2402 e Fax 866-816-5110 Document Id: 7288 vvvvvv.arBenvirOnrnenta|.cOrn e Ba|eB@arBenvirOnrnenta|.cOrn p8g8 2 of AR*5 EMROMMENLmc Asbestos Business License *ZA-0000164 O TA EnvirOnn�enta| ConBu|ting Services Asbestos Consulting * Radon Measurements * Lead Assessments * Indoor Air Quality Testing * Mold Investigations �Today's Date: 8/24/2021 Proposal Number: 20212568 Client: ]ob Site: Theresa Utterback Residential Dwelling Boynton Beach Cra 115 North East 4th Avenue 71ONorth Federal Highway Boynton Beach, F| Boynton Beach, Florida 33435 ADDITIONAL REQUIREMENTS Public Records The Boynton Beach Community Redevelopment Agency iapublic agency subject toChapter 11Q. Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically,the Contractor 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 publicvvitha000aatoauohpub|ior000ndaonthoaamotermaandoonditionathatthoCRAwmu|dpmvidothor000ndaand 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 from public record requirements are not disclosed except aaauthorized by|aw� 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 o|ootmnioaUy must be provided tothe CRA in a format that is compatible with the information technology systems of the agency. The failure ofContractor tocomply with the provisions set forth in this agreement/contract shall constitute a Default and Breach of this Agreement. If Contractor fails to cure the default within seven (7)days' notice from the CRA,the CRA may terminate the Agreement. Contractor hereby certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and ianot engaged inaboycott ofIsrael. 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 ofthe Agreement, the CRA may terminate the Agreement. 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 totheir employees. ThoContradoragreoaandaoknmw|odgoathatthoCRAiaapub|io 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.OQ5apply tothis 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 dulythh dtowmrkbythoimmigration |awaortho Attorney General of the United States for employment under this contract, the CRA shall terminate the contract. |fthe CRA that has a good faith belief that a subcontractor knowingly hirod, recruited or referred an alien who is not duly authorized towork bythe 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 boliable 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. 4AEnvironmental, Inc., A|exFront Accepted By: Signature Date: 8/24/2021 Date: 151 North Nob Hill Road, #462, Plantation, FL 33324 e Phone 954-227-2402 e Fax 866-816-5110 Document Id: 7288 vvvvvv.ar5envirOnrnenta|.cOrn e Ba|eB@ar5envirOnrnenta|.cOrn Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application C. Demolition Site 133 N.E. 4th Avenue (Cottage District) t� � x t' n 7 South Elevation ' 4 3 m , r M` r East Elevation Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application Adjacent Properties { 4 z.. tom, F.pv $' F `t= North It(t$1 s t tt�< Will South Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application rf } 4 ! �l � p r�' its East 1S! v� �ft r!"u{I'`ViV MIR, �iv��1 t tr West Property Detail Parcel Control Number: 08-43-45-21-29-003-0031 Location Address: 133 NE 4TH AVE Owners: BOYNTON BEACH CRA Mailing Address: 100 E OCEAN AVE FLOOR 4,BOYNTON BEACH FL 33435 4515 Last Sale: JUL-2021 Book/Page#: 32764 /1962 Price: $300,000 Property Use Code: 0100-SINGLE FAMILY Zoning: R2-R2 DUPLEX,10 DU/AC(08-BOYNTON BEACH) O Legal Description: SHEPARD ADD SE 1/4 OF LT 3 BLK 3 Total SF: 1602 Acres 0.1723 2021 Values (Preliminary) 2021 Taxes (Preliminary Improvement Value $157,630 Ad Valorem $2,765 Land Value $50,028 Non Ad Valorem $298 O Total Tax $3,063 Total Market Value $207,658 X Assessed Value $168,786 2021 Qualified Exemptions Exemption Amount $49,711 Additional Homestead X Homestead Partial =1Taxable Value $119,075 Applicants All values are as of.anuary Ist each year. JOSEPH ROSENA& n x Building Footprint(Building 1) Subarea and Square Footage(Building 1) n Description Area Sq.Footage FOP Finished Open Porch 192 ro BAS Base Area 1410 X Z Total Square Footage: 1602 o Total Area Under Air: 1410 a, 47Extra Features Description Year Built Unit N Patio 2003 182 N w Unit may represent the perimeter,square footage,linear footage,total o number or other measurement. o w 0 3 0 Structural Details(Building 1) MAP 0 Description 1. Exterior Wall 1 MSY:CB STUCCO - NE 50.h Ave 2. Year Built 2003 3. Air Condition Desc. HTG&AC 4. Heat Type FORCED AIR DUCT 5. Heat Fuel ELECTRIC 6. Bed Rooms 3 7. Full Baths 2 _ 8. Half Baths 9. Exterior Wall 2 NONE ' 10. Roof Structure WOOD TRUSS NE 401 Avenj � 11. Roof Cover ASPHALT/COMPOSITION z 12. Interior Wall 1 DRYWALL 13. Interior Wall 2 N/A 14. Floor Type 1 CERAMIC/QUARRY TILE 15. Floor Type 2 N/A 16. Stories 1 Dorothy Jacks,CFA,AAS PALM BEACH COUNTY PROPERTY APPRAISER www.pbcgov.org/PAPA 9/14/2021 AR*5 EMOROMMENTALmc Environmental Consulting Services Asbestos Business License -0000164 Asbestos Consulting • Radon Measurements • Lead Assessments • Indoor Air Quality Testing • Mold Investigations Today's Date: 8/24/2021 Proposal Number: 20212569 Client: Job Site: Theresa Utterback Residential Dwelling Boynton Beach CRA 133 North East 4th Avenue 710 North Federal Highway Boynton Beach, FL Boynton Beach, Florida 33435 BOYNTO `. RA, PROPOSAL Please allow this letter to serve as our "Proposal Agreement" for the above referenced Client and ARS Environmental, Inc. as the Consultants. ARTICLE ONE - CONTRACT DOCUMENTS All documents noted herein shall be provided to the Consultant by the Owner. These contract documents represent the entire agreement of both parties and supersede any prior oral or written agreement. ARTICLE TWO - SCOPE OF WORK Asbestos Building Survey. Interior/Exterior/Roof. - Visual inspection of subject site by a certified technician. - Bulk sampling and laboratory analysis. - Documentation of findings in a written report suitable for permitting. �3 ARTICLE THREE - THE CONTRACT PRICE The purchase price of the project shall be for the sum of: 4$ 00.00 ARTICLE FOUR - MOBILIZATION PAYMENT, PROGRESS PAYMENT, AND FINAL PAYMENT Mobilization Required Before Work Commences: $0.00 Progress Payment Required Prior to Completion of Work: $0.00 Payment Due Upon Completion: 4$ 00.00 151 North Nob Hill Road, #462, Plantation, FL 33324 • Phone 954-227-2402 • Fax 866-816-5110 www.arsenvironmental.com • sales@arsenvironentl.co Page 1 of 2 AR*5 EMROMMENLmc Asbestos Business License *ZA-0000164 O TA EnvirOnn�enta| ConBu|ting Services Asbestos Consulting Radon Measurements Lead Asts Indoor Air Quality Testi Mold Investigations �Today's Date: 8/24/2021 Proposal Number: 20212569 Client: ]ob Site: Theresa Utterback Residential Dwelling Boynton Beach CRA 133 North East 4th Avenue 71ONorth Federal Highway Boynton Beach, FL Boynton Beach, Florida 33435 ARTICLE FIVE - CONSULTANT 4R5 shall treat asconfidential all information that relates tothis Proposal and that the Owner supplies or obtains asa result of performance under this Proposal, unless such information without the prior written consent of the Owner, unless compelled to do so Uv |aw. ARTICLE SIX - OWNER The Owner shall have the right to use any information developed by ARS under this Proposal. In the event of any reuse by the Owner of anv oortion of such information. ARS shall not be liable to the Owner for anv damaaes that could arise from the reuse. JARTICLE SEVEN - GENERAL PROVISIONS The Owner or ARS may terminate this Proposal in whole or in part, by giving five (5) days written notice to the other. If terminated Uythe Owner, the Owner shall pay all reasonable costs incurred, including any cancellation changes by vendors, plus reasonable amount for indirect costs and orofits. ARTICLE EIGHT - TERMINATION OF CONTRACT If the Owner or the Consultant shall default on the contract, the non-defaulting party may declare the contract is in default and proceed against the defaulting party for the recovery of all damages incurred as a result of said breach of contract, including a reasonable attorney's fee. In the case of defaulting Owner, the Earnest money herein mentioned shall be applied to the legally ascertained damages. In the event of default by the Owner orConsultant, the non-defaulting party may state his intention to comply with the contract and proceed for specific performance. In the case of defaulting Owner, the Consultant may accept, at his option the earnest money as shown herein as liquidated damages, should earnest money not cover the expenses to date, the Consultant may make claim to the Owner for all work executed and for proven loss with respect to equipment, materials, tools, construction equipment and machinery, including reasonable overhead, profit and damages applicable tothe property less the earnest money. ARTICLE NINE - ACCEPTANCE By execution of this document, z agree to have read and fully understand all statements and implications of this document. z agree to explicitly abide Uyand follow the above conditions as ||yteU |nthis agreement. Axo rnes/oenc Accepted By: Signature ARS Environmental a|ex@ansenvironnnenta|.conn Date: 954-227-2402 Date: 8/24/2021 151 North Nob Hill Road, #462, Plantation, FL 33324 e Phone 954-227-2402 e Fax 866-816-5110 Document Id: 7289 vvvvvv.arBenvirOnrnenta|.cOrn e Ba|eB@arBenvirOnrnenta|.cOrn p8g8 2 of AR*5 EMROMMENLmc Asbestos Business License *ZA-0000164 O TA EnvirOnn�enta| ConBu|ting Services Asbestos Consulting * Radon Measurements * Lead Assessments * Indoor Air Quality Testing * Mold Investigations �Today's Date: 8/24/2021 Proposal Number: 20212569 Client: ]ob Site: Theresa Utterback Residential Dwelling Boynton Beach Cra 133 North East 4th Avenue 71ONorth Federal Highway Boynton Beach, F| Boynton Beach, Florida 33435 ADDITIONAL REQUIREMENTS Public Records The Boynton Beach Community Redevelopment Agency iapublic agency subject toChapter 11Q. Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically,the Contractor 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 publicvvitha000aatoauohpub|ior000ndaonthoaamotermaandoonditionathatthoCRAwmu|dpmvidothor000ndaand 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 from public record requirements are not disclosed except aaauthorized by|aw� 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 o|ootmnioaUy must be provided tothe CRA in a format that is compatible with the information technology systems of the agency. The failure ofContractor tocomply with the provisions set forth in this agreement/contract shall constitute a Default and Breach of this Agreement. If Contractor fails to cure the default within seven (7)days' notice from the CRA,the CRA may terminate the Agreement. Contractor hereby certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and ianot engaged inaboycott ofIsrael. 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 ofthe Agreement, the CRA may terminate the Agreement. 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 totheir employees. ThoContradoragreoaandaoknmw|odgoathatthoCRAiaapub|io 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.OQ5apply tothis 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 dulythh dtowmrkbythoimmigration |awaortho Attorney General of the United States for employment under this contract, the CRA shall terminate the contract. |fthe CRA that has a good faith belief that a subcontractor knowingly hirod, recruited or referred an alien who is not duly authorized towork bythe 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 boliable 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. 4AEnvironmental, Inc., A|exFront Accepted By: Signature Date: 8/24/2021 Date: 151 North Nob Hill Road, #462, Plantation, FL 33324 e Phone 954-227-2402 e Fax 866-816-5110 Document Id: 7289 vvvvvv.ar5envirOnrnenta|.cOrn e Ba|eB@ar5envirOnrnenta|.cOrn 4_ r �9u r s« — i i \:i q I' N i44nn, z I' s Qt a �Ctli � II �, f 1_ z f i r �F m � , t 0 , ter y , i I' kss s } W t Ogg H \tt i, 1 iifbl �} ip Q {{W, 1, Aly;}� M ss}} s ivy, s + s t ' i, ° W CCS s �4 sj�3 l Y o a toLLJ 4J � Sy L la LLJ F N �s-• ,� z I r (- 4 ,t14 <� up 4 , �ifrhfriR �4, f a' 44 W a 1 y.� Il dill 1 �F44 Jl� tit , z w 4 s U � w a O O � t t, w \,. . L_ tr a a w SECTION 5 D. Illegal Dumping Site (Cottage District Assemblage) Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application D. Illegal Dumping Site (Cottage District Assemblage) As described in the demolition paragraphs above, the BBCRA Cottage District Affordable Workforce Infill Housing Redevelopment Project site is approximately 4.6 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. Being centrally located within the Heart of Boynton District and located on a major thoroughfare (N. Seacrest Boulevard) it is imperative to keep the lot free of illegal dumping especially now that the BBCRA is under negotiation with Azur Equities, LLC for the redevelopment of the site as described further in this application. Cottage District Assemblage r l y N.. , BBCRA Cottage District Infill H sing Redevelopment Project Site (approximately .S+/-acres) 7 �(4 i +pli dth Ave l�y " a_ — Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application Cottage District - Before Fence Installation I�I „ n } Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application Y, A�,A i P, ed l�w�ae Nyy,� Lk u � q �t 5t\l x �v � e )t� U � � a Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application Cottage District -After Fence Installation gyt;,. 4 i 0 t t t i 4}�j 10� y fi u ;yts� Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application N 11Ist t j�q,4 11s r EXHIBIT A Location Map All properties included within the red outline of the properties below which are located within the blocks of NE 4th Avenue and NE 5th Avenue and N.Seacrest Blvd. and NE 13'Street o z � ,i t , V r s f 01432723-1 Page 11 of 20 Contractor Initial I COTTAGE DISTRICT SOMEONE= Lot 1,Blk 1,Sunny Side HOB-Cottage Owned by CRA 2 114 NE 5th AvenueVacant Ests 0!strict 48-43-45-21-28-041.OD14 Portions of Lots 2&3,Blk HOB-Cottage Owned by CRA 3 118 NE 5th Avenue Vacant 1,Sunny Side Ests. District 08-43-45-21-28.001-0020 Portions of Lots 3&4,Btk HOB-Cottage Owned by CRA 4 122 NE 5th Avenue Vacant 1,Sunny Side Esu. District 08.43-45.21-28.001.3931 Portions of Lots 4,5&6. HOB-Cottage Owned by LRA 5 136 NE 5th Avenue Vacant elk 1,Sunny Side Ests District 08.43.45.21-28.001-0041 Portions of Lost 6&7,Blk HOB-Cottage Owned by CRA 6 140 NE 5th Avenue Vacant 1,Sunny Side Ests District 08-43-45.21.28.001.0361 Portions of Lots 7&8,Bik HOB-Cottage Owned by CRA 7 144 NE 5th Avenue Vacant 1,Sunny Side Esu District 08-43.45-21.28.001-0871 N 140 Ft.of Lot 1,8ik 3. Shepard Addition to HOB-Cottage Owned by CRA 8 517 NE 1st Street Vacant Boynton District 08-43-45-21-29.003-0011 Residential N 60 Ft.of 5.200 Ft of Lot 1, Structure- 81k 3,Shepard Addition to HOB-Cottage Owned by CRA 9 515 NE 1st Street demolition Boynton District 08-43-45-21-29-003-0013 (Property Portions of Lot 1,Blk 3, HOa-Cottage Owned by CRA :10 511 Appraiser has Vacant shepard Add District 08-43-45.21-29.003.00_12 Lot 2 and the NE 1,14 of Lot 3,Block 3,Shepard HOB-Cottage Owned by CRA 08-43-45.21-29.003-0032; 12 a&b xu NE 4th Avenue Vacant Lots Addition to Boynton District 08.43.45.21.29.003.OD20 Portions of Lot 3,Blk 3. 'HOB-Cottage Awned by CRA 14 127 NE 4th Avenue Vacant Shepard Add District 08-43-45-21-29-003-0934 1N 75'of Lot 4}Less N 240"t HOB-Cottage Owned by LRA 15 121 NE 4th Avenue Vacant 81k 3 Shepard Add District 08-43.45-21-29.003-CD41 Poitions of Lots 3,4,&5. HOB-Cottage Owned by CRA 16 M NE 4th Ave Vacant Blk 3,Shepard Add District 08.43-45-21.29.403.0033 Portions of Lot 5,Blk 3, HOB-Cottage Owned by CRA 18 105 NE4th Avenue Vacant Shepard Add District 08-43.45-21.29-OD3-0051 Portion of Lots,Blk 3, HOB-Cottage Owned by CRA 19 103 NE 4th Avenue Vacant Shepard Add District 08-43.45-21-29-003.0081 Portions of Lots 7&S,Blk HOB-Cottage Owned by LRA 20 508 N.Seacrest B3v Vacant 3,Shepard Add District 08-43.45-21.29.003-0071 B W432723-1 Page 12 of 20 Contractor Initial f SECTION 5 E. Exterior Clean-up and Beautification-Hardscape Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application E. Exterior Clean-up and Beautification-Hardscape 401 E. Boynton Beach Boulevard, Boynton Beach, FL 33435 Parcel Control Number: 08-43-45-21-29-003-005 The BBCRA purchased the properties located at 401-411 E. Boynton Beach Boulevard on February 26, 2021. Last year the BBCRA received $28,641 from the SWA Blighted and Distressed Property Clean-Up and Beautification Grant for the demolition of the blighted structure located at 411 E. Boynton Beach Boulevard. The remaining structure located at 401 E. Boynton Beach Boulevard supports a 2,062 square foot structure built in 1960. This corridor is a priority redevelopment area for the City and BBCRA this year with the completion of the governmental buildings (City Hall/Library, Historic High School, District Energy System, and Fire Station#1 buildings)within the Town Square Mixed Use complex. The BBCRA also recognized that the Boynton Beach Boulevard Complete Street Project is now in the design phase and is anticipated to be let/advertised for bid by FDOT in late 2023 and construction is anticipated to occur in 2024, at the same time or hopefully close to the start date of the Boynton Beach Boulevard 1-95 Interchange capacity enhancing improvements and the Boynton Beach Boulevard resurfacing project from 1-95 to Congress Avenue in 2025. In the best interest of the public for the BBCRA to concentrate its efforts in this corridor. Along with the local funding contribution to the complete street project, the BBCRA must also look at assisting property and business owners to improve and enhance their properties in addition to provide marketing resources during the roadway construction period. The improvements to the 401 E. Boynton Beach Boulevard property will serve as a catalyst for the eastern portion of the corridor and make this commercial frontage available to local businesses and entrepreneurs. Owykeys 1J, S11 1 ,- t f 3 sales lrtCormrar'ion t, values C 4 r �- " v � f Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application Existing Conditions YI g 11 l�y 4 do�lfli �I C {t��ir fRi , - � t (1 1 1 t� tY � tT�. k Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application sf rYth il! I Sf. 4 j - i t t Ai ;F,F�St j�x4 r: F - u i n. f t f VNI Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application New Parking Option Draft Preliminary Site Plan as Presented to Laity staff on April 20,2021 -xiaw _.... -. -AVL n fH) I n COVER E�AREA. i -R Exosnuc Exrsruvc pasxea mrx�ru > s� N 40°_A A CAv EAC-ITCBLVD,VD6, Q y 28-5 112" 129 GR0'5 F Mi 1-0-0 4 li I € I l4 FLM-ER �} P-AITE¢ $^EIIM�LG �I L EGYI`TCH 3E,1C4-3Lw'. 7 h NORTH 5 MELMNAW a <, FISH DEPOT -NEW LOCATION-BUILDING RENOVATION- O STEVEN E.MYOTT r Apt E HBEACH BLYD BEACH. ., -� BOTNTDN BEACH,.FLORIDA 33A95 � >- r Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application Adjacent Properties r � ; North ------------- :w +f �7 Sri South Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application liI z East i r 3 t+ t y a�w West OLD ABC RENTAL BUILDING 401 EAST BOYNTON BEACH BLVD SCOPE AND COST ESTIMATE: SCOPE: The following work will need to be performed at this location. • Demo the interior non bearing walls with the exception of the bathroom walls.$5,700.00 • Frame perimeter wall with 1 %"25ga metal studs, hang and finish drywall with a knock down finish.$15,800.00 • Install new HVAC system with new air handler, condenser,and exposed metal duct work $14,000.00 • Electrical, Install new LED lights,outlets along walls, power to new A/C units,and garage door opener.$9,600.00 • Flooring, Install new Water proof vinyl flooring$8,700.00 • Repair existing garage door and install electric garage door opener$2,700.00 • Exterior masonry block work,stucco and paint to close off rear area of building$9,700.00 • Front doors to be replaced with hollow metal doorjamb and doors$3,200.00 • Windows, replace jealousy windows with new double hung windows or block in$1,100.00 • Roof, Reseal roof with siliconized fluid applied roofing materials$4,800.00 • Paint exterior walls$7,200.00 • Asphalt/Curbing/Signage/Striping$75,300.00 Total Cost Estimate: ' 169,000.00 New Parking Lot Proposal City IiWorks Carl Frumentl Project: 401 E. Boynton Beach Blvd. Boynton Beach, FL 33435 ATILANTICSOUTHERN PAG r,;,4u S EristCA-I14a`� Rich Atzert Account Manager Xff Tour Pavement Contractor Company Info Contact Person ATUNTICSOUTHERN PAYING AND SEALCOASING Rich Atzert Atlantic Southern Paving and Sealcoating Account Manager 6301 West Sunrise Blvd Rich@atlanticsouthempaving. Sunrise, Florida 33313 Cell:954-299-6114 Office 954-581-5805 P: 954-581-5805 F:954-581-0465 qg://www.atlanUcsouthem;revmg.com About Us We Solve Problems and Make Complicated Simple! We understand that as a manager, owner or investor of properties all over the United States, you need a partner to develop a strategic plan that will preserve your investment for the long term for the least amount of money. Atlantic Southern Paving &Sealcoating provides pavement design, maintenance &construction services to the residential, commercial, recreational and industrial markets throughout the United States. Please find the enclosed proposal and do not hesitate to call us with any questions. Watch a Video About Us:CLICK HERE FDOT Certified Contractor Page 2 Proposal: ATLARnMUTHERN PAYING AND SEALCOATING Site Work 1. Item 53-Remove asphalt 237.7 SY @$20.00 per SY $4,754.00 2. Item 23-remove unsuitable material 393 CY @$30.00 Per CY $11,790.00 3. Item 24-Import suitable fill 307.5 CY @$27.00 CY $8,302.50 4. Item 31 -6'limerock 487.3 SY @$15.00 per SY $7,309.50 Total Price:$32,156.00 Asphalt 1. Item 40-1"asphalt 31.6 tons @$175.00 per ton $5,530.00 2. Item 41 -.5"asphalt 15.8 tons @$95.00 per ton $1,501.00 Total Price:$7,031.00 Concrete 1. Item 86-D Curb 540 LF @$39.00 per LF $21,060.00 2. Item 87-F Curb 27 LF @$47.00 per LF $1,269.00 3. Item 92-6"concrete 322 SF @$12.50 per SF $4,025.00 Total Price:$26,354.00 ATUWICSOUTHERN Proposal: PAVING AND SFALCDATING Striping and Signage 1. Item 73-handicap symbol 2 @$100.00 each $200.00 2. Item 58-6"white lines 356 LF @$.75 per LF $534.00 3. Item 80-single post and two signs 1 @$250.00 each $250.00 4. Item 79-single post sign 1 @$175.00 each $175.00 5. Item 66-24"white lines 60 LF @$5.00 per LF $300.00 6. Item 67-Arrows 5 @$200.00 each $1,000.00 Total Price:$2,459.00 Survey and Testing 1. Item 108-Testing 12 @$25.00 each $300.00 2. Item 108-Survey 280 @$25.00 each $7,000.00 Total Price:$7,300.00 Page 4 r ATUIMCSOUTHERN PAVING AND SEALCOATiNG -1 �i or 4 t c G SP- Notes: Price Breakdown: ATiANNTHERN PAVING ANOD USEALALCOA7ING Please find the following breakdown of all services we have provided in this proposal. This proposal originated on August 18, 2021. Item Description Cost 1. Site Work $32,156.00 2. Asphalt $7,031.00 3 Concrete $26,354.00 4. Striping and Signage $2,459.00 5. Survey and Testing $7,300.00 Total: $75,300.00 Authorization to Proceed & Contract The above prices,specifications and conditions are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined. When signed,this document becomes a contract E&OE We understand that If any additional work Is required different than what is stated in this proposal/contract,it must be in a new contract or added to this contract. Please see all attachments for special conditions that may pertain to aspects of this project. This proposal is good thr a period of up to 30 days from the date of the proposal. r �: ATUMCSOUTHERN PAYING AND SEAL(OONG Payment Terms We agree to pay the total sum or balance in full upon completion of this project. No deposit required. Date: rg Carl Frumenti I Project Manager Rich Atzert Account Manager City Of Boynton Beach Public Works Atlantic Southern Paving and Sealcoating 222 NE 9th Ave 6301 West Sunrise Blvd Boynton Beach, FL 33435 Sunrise,Florida 33313 frumenti bbfl.us E:Richatlanticsouthemvingcorn 44 C: 561-512- 08 Q 954-299-6114 0:561-512-4408 P:954-581-5805 F:954-581-0465 htto:/www.atlanticsouthempavina.com SECTION 6 Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application 6. How Wfill the Project be Maintained? As previously mentioned, the BBCRA employs a full-time Development Services Manager, Ms. Theresa Utterback, whose primary job is to procure services and manage all activities needed to rehabilitate/renovate and maintain all BBCRA-owned properties. In addition, the BBCRA also contracted with Vincent and Sons Landscaping, Inc. for property and lawn maintenance services for BBCRA-owned properties (see attached executed contract and change orders). All services have been previously procured in accordance with the BBCRA's procurement policy. This will ensure that the property maintenance will not be interrupted. Below are the links to the approved Contract with Vincent and Sons Landscaping, Inc. for FY 2021-2024. June 8, 2021 Agenda Item- https://boyntonbeach.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=1 1224 &MeetinglD=372 June 8, 2021 Minutes- file-///C-/Users/utterbackt/Downloads/Minutes 2021 6 8 Meeting(297).pd Ms. Utterback and Interim Executive Director, Ms. Thuy Shutt, will be the BBCRA's representatives for the SWA Blighted and Distressed Property Clean-Up and Beautification Grant Program. As previously mentioned, Ms. Shutt will be overseeing the administrative components of the grant, but the daily implementer will be Ms. Utterback through the BBCRA's contractors. Successful revitalization and redevelopment do not stop at the brick and mortar activities. Ongoing maintenance needs to be considered to protect the public and private investments within the entire BBCRA Area not just on BBCRA-owned properties. The BBCRA will continue to commit its resources and employ best management practices on a regular basis to achieve the highest standard of care and the most efficient fiscal management. SECTION 7 Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application 7. Prc�iect Budget The attached project budget does not consider the BBCRA's previous land assemblages or the BBCRA's contribution to the property maintenance of other BBCRA-owned properties. Detailed cost estimates for the demolition, fencing and parking lot resurfacing and expansion as well as other support documentation are attached for review. Please note that the demolition costs for 115 and 133 N.E. 4t"Avenue were based on the demolition estimate provided for 221 E. Martin Luther King, Jr. Boulevard. All three structures are similar in square footage and condition. The BBCRA will pay for any cost that will exceed the requested funding since bid prices and the proposing contractors' and environmental consultants' availability may be subject to change without an executed contract. Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application " C� � C> � r u, C;� C? C> C� c) C5 S LO N q= CD Ca CD cz3 CO C14- Mp EO f - +" Cn aca tta j ilt�!}t o Saar (n �{ _ U€ ter �(} CD LO � � � � � , ms' sL4 U131 , i + r yrP�r i { 4 ., LO „ } I t 11 1 r { 93 CL ry r + W CqCS' C C5 j C'40° ko 0 U) 'C w 4) W It A- 4) 11 Ui r # r >0 n+ r, CL ,ji rid d i15 U s70 }� S y 4 SECTION 8 A. BBCRA and MLK Jr. Boulevard Corridor Redevelopment Projects (Completed Ocean Breeze East Apartments, MLK Jr. Boulevard Mixed Use Site Plan, Completed Sara Sims Park) Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application 8A. BBCRAand MLKJr- Boulevard Corridor Redevelopment Projects (Completed Ocean Breeze East Apartmen ts, MLK Jr. Boulevard Mix ed Use Site Plan, Completed Sara Sims Par/�) Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application Four (4) proposed , demolition/beautification "' $30MM MLK CORRIDOR PROJECT project activities in the i � �; "„ CRA PROJECT 2022 SWA grant cycle. p i 124 UNITS&RETAIL Proposed extended fence rental for illegal dumping mitigation in the 2022 � '�� .� SWA arant cvcle. $3MM MODEL BLOCK ` a J: T I� �d 3 . w r 10 SINGLE FAMILY HOMES CITY/CRA PROJECT � f a 14�V Mart(` n.Lr tflhl Kind Jr.l31v 1N INartire LutNvr Kip Jr.Blvd rtrn Lrr r Klrag Jr LilvcJ Y $ $26MM OCEAN BREEZE EAST 2MM SARA SIMS PARK " CRA PROJECT CITY/CRA PROJECT 123 UNITS $8MM OCEAN ' BREEZE WEST . CRA PROJECT—COTTAGE DISTRICT 2151NGLE FAMILY HOMES 4,6 ACRES w OR o E HOUSING SINGLE FAMILY W KF RC Beach I Irrd . y 1 EJay tnn:Ue ch flu E Baynton P acl"Elly a 1 "gym w , ;e +nan/l4Vl a gear $300MM TOWN SQUARE ; CITY/CRA PROJECTIN �� ���'Z�t' 16.5 ACRESAP �` c PUBLIC/PRIVATE PARTNERSHIP y„ ry Ocean Breeze East Project Completion November 2020 i Iwo r r F ,4 , t t I� i✓ �{!t / �i4 iii rl lsi.(_(i Jr'���il�����i l�ts�v��{����� �����jf }}} tai�x k � i i �a Ocean Breeze East Project Completion November 2020 t lV�l4 , , t i� , tt tai»rr,ska'4 is jjjj t r -r,•�� v,r� it 3 P j 4' tt�t _- �s� _ ll' ilk+'tt ti rs F h , , ?ti's t � � its• +_ {� t� }�' � ry .i ti Y \i Es, �, a k �fV {� t u '4 tit { F i t t r�s t s 1 34 t t �s ry 11\�il s�s; �r v15sS i�1 s u r`r(ri' t it tt to. ; - 4 - - t o- t - �l i t � � to S ` }fj ALL t 3, }ltrf; =3 s 1 ku - t�{ r { hp I'il� iY f � t gl . t a r SARA SIMS PARK The preliminary design for the 8.2 acre Sara Sims Park and Cemetery Renovation Project was developed jointly by City and BBCRA staff, building on the information gathered through BBCRA organized community input meetings and community survey results gathered in 2017. In 2018, the BBCRA hired Kimley-Horn & Associates to prepare final design and construction documents for the project and construction began in the Fall of 2018. Crime Prevention Through Environmental Design (CPTED) standards and other security features such as cameras were incorporated into the park as well as electrical power and water service designed to accommodate a performance pavilion. The BBCRA contributed $721,000 for the design and construction of the $1.35 million dollar project. IMPROVEMENTS TO SARA SIMSIN SEPTEMBER 2019 AND INCLUDE THE FOLLOWINGII • Site lighting, benches and new parking • Landscaping and irrigation • Cell phone charging station • Signage, additional waste receptacles, and decorative aluminum fencing • A new restroom building near the playground • New walkways or fitness paths and decorative concrete pavement • Three 12' x 14' small pavilions and one 25' x 25' large pavilion with a hose, bib, picnic table, grills, and waste receptacles SECTION 8 8B. BBCRA FY 2020-21 Proposed Budget and Resolution (Excerpts of grant items only) Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application O. BBCRIAY 202.1-22 Proposed Budget and Resolution rcA,,.s of RESOLUTION NO: R21-02 RESOLUTION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ADOPTING A BUDGET FOR THE FISCAL YEAR OCTOBER 1, 2021 TO SEPTEMBER 30, 2022, AND PROVIDING AN EFFECTIVE DATE. WITNESSETH: WHEREAS, the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (BBCRA), in order to implement its Community Redevelopment Plan and provide for its operating expenses, has prepared a Budget for the Fiscal Year beginning October 1, 2021 and ending September 30, 2022, attached hereto as Exhibit "I"; and WHEREAS, the Board has determined that said Budget is in the public's interest and is necessary to implement the BBCRA's goals and objectives. NOW, THEREFORE, BE IT RESOLVED THAT- 1. The Budget attached hereto as Exhibit "I" for financial operations of the Boynton Beach Community Redevelopment Agency for the period from October 1, 2021 through September 30, 2022 is hereby adopted. 2. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 14th day of September, 2021. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By- Steven B. Grant, Chair S. Grant J. Katz W. Hay T. Penserga C. 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Q 4D 0 H a 1� 0: LLJ W _0 0 cc IL E E a) 4m E 0 E CL ui E z E o CO o E 0 0 U — co r-- r W E ao 0 0 :E - n .7A 0 0 R *6 r CL E 10 -- = 0 2 E 41 E 6 a c 0 E cr 'o E 4 0 CL U, - 0 . 8 E -E a C2 E z a —0 E 0 .2 L� L� 4) Fn C, 0 r 4) 0 0 0 M m JD > 'r, r >1 0 LL -J 0 Im I,r w 4,1-0 co m IL z 0 mo co w I CL 00 00 2 0 0 0 0 0 0 M M 61 9 0 0 0Do -0 -0 -0 m m m m ILa c I 0 0 0 0 mm oS 6 E 6 at Fa, ul., I Boynton Beach CRA Project Fund - Budget Summar r 2021 2022 FY 2020-2021 2020-2021 vs.Prior Year Original Amended Increase/Decrease FUNDING SOURCES Bud et Bud; et Bud et Amount % 1.Rollover FY 2020-2021 (see Budget Overview) $ 3,773,117 $ - $ 3,773,117 NIA 2.Transfers in from General Fund $ - Other Financing Sources/Transfers In $ 10,971,587 $ 9,931,300 $ 9,931,300 $ 1,040,287 10% 3.Other Revenue/Financing Sources: $ - 1.Budget Amendment#1 219/21 $ 445,561 Total Funding Sources/Revenues&Transfers In $ 14,744,704 $ 9,931,300 $ 10,376,861 $ 4,813,404 46% 2021-2022 FY 2020-2021 2020-2021 vs.Prior Year Original Amended Increase/Decrease EXPENSES I Bud'et Bud22t Budget Amount % Professional&Other Expenses Contingency $ 1,50,000 $ 361,081 $ 211,081 $ (61,081) -29% Professional Services $ 210,891 $ 117,100 $ 1179100 $ 93,791 80% Legal Services $ 1251000 $ 125,000 $ 125,000 $ - 0% Sub-Total $ 485,891 $ 603,181 $ 453,181 $ 32,710 7% Capital Outlav Property Purchases $ 3,470,764 $ 475,000 $ 475,000 $ 2,595,764 546% BBWC Capital Improvements $ 250,000 $ 190,000 $ 190,000 $ 60,000 32% Site Work&Demolition Fees $ 196,592 $ 66,315 $ 66,315 $ 130,277 196% Infrastructure&Streetscape $ 7,677,970, $ 5,577,732 $ 5,577,732 $ 2,100,238 38% Sub-Total $ 11,1951326 $ 6,309,047 $ 6,309,047 $ 4,886,279 77% Economic Development&Housing Rehab Program Economic Development Grant Programs $ 556,600 $ 377,000 $ 948,000 $ (391,400) -41% Marketing Program $ 75,000 $ 68,350 $ 68,350 $ 6,650 10% DIFA-Economic Development $ 1,141,50,0, $ 1,632,000 $ 1,632,000 $ (490,500) -30% Sub-Total $ 1,773,100 $ 2,077,350 $ 2,648,350 $ (875,250) -33% Projects&Programs Clean&Safe Program(Clean,Police,Code) $ 524,627 $ 370,000 $ 370,000 $ 154,627 42% Business Promotional Events $ 755,760! $ 549,000 $ 549,000 $ 216,760 39% Sub-Total $ 1,290,387 $ 919,000 $ 919,000 $ 371,387 40% Total Project Fund Expenses $ 14,744,704 $ 99908,578 $ 10,329,578 $ 4,415,126 43% Project Fund 1 CAPITAL OUTLAY-02-58200 FY 2021-2022, FY 2020-2021 Original Amended Change Incrl Decr SUMMARY' Bud e# Budget Budget Amount % 401 PROPERTY PURCHASES $ 3,070,76411 $ 2,389,136 $ 2,389,136 $ 681,628 29% 404 CONSTRUCTION IN PROGRESS $ 250,000 $ 238,525 $ 238,525 $ 11,475 5% 405 SITE WORK&DEMOLITION FEES $ 196,592 r $ 105,738 $ 186,134 $ 10,458 6% 406 INFRASTRUCTURE&STREETSCAPE $ 7,677,970: $ 8,354,247 $ 8,354,247 $ 676,277 -8% Total $11,195,326 $ 11,087,646 $ 11,168,042 $ 27,284 0% Funding Source DETAIL Rollover FY 21-22 401 PROPERTY PURCHASES $ 3,070,764 $ 2,389,136 $ 2,389,136 Property Purchases $ 2,247,764 $ 784,136 $ 784,136 $ 77,843 $ 2,169,921 508 E.Boynton Beach Blvd. $ 823,000 $ - $ - $ - $ 823,000 401-411 E BB Blvd Acquisition $ - $ 280,000 $ 280,000 $ - $ - 209 N Seacrest Blvd Acquisition $ - $ 1,325,000 $ 1,325,000 $ - $ - 404 CONSTRUCTION IN PROGRESS $ 250,000 $ 238,525 $ 238,525 Woman's Club-Capital Improvements &Renovations $ 250,000 $ 238,525 $ 238,525 $ 51,525 $ 198,475 405 SITE WORK&DEMOLITION $ 196,592 $ 105,738 $ 186,134 Site Work&Demolition $ 196,592 $ 105,738 $ 186,134 $ 71,592 $ 125,000 406 INFRASTRUCTURE&STREETSCAPE $ 7,677,970_ $ 8,354,247 $ 8,354,247 Town Square Project $ 3,550,000 $ 3,700,000 $ 3,700,000 $ - $ 3,550,000 MILK Corridor Redevelopment,CRA Property plus$25,000 NOP Office $ 2,025,815 - $ 1,217,881 $ 1,217,881 $ 1,393,962 $ 631,853 BB Boulevard Streetscape Improvement Project(Match$for Future Grants $ 590,580 $ 868,580 $ 868,580 $ 590,580 $ - MILK Jr.Blvd Corridor(Centennial Project Government Match $ 625,750 $ 625,750 $ 625,750 $ 625,750 $ Cotta2e District Project $ 385,825 $ 385,825 $ 385,825 $ 73,825 $ 312,000 NE 3rd Street Roadway Improvement Project $ $ 500,000 $ 500,000 $ - Financial Assistance for Development of PBC HousIn2 Authority Lots $ 500,000 $ 500,000 $ 500,000 $ 500,000 $ - Sara Sims Theater $ - $ 50,000 $ 50,000 $ - Sustainabilit Tree Canopy $ $ 60,650 $ 60,650 $ - $ Lighting Improvements $ - $ 445,561 $ 445,561 $ 3,3852077 $ 7,810,249_ Notes: SECTION 8 8C. BBCRA 2020 Annual Report Boynton Beach CRA 2022 SWA Blighted and Distressed Property Application Clean-up and Beautification Grant Application 8'C BBCRIA 202.0 Annual Report The BBCRA 2020 Annual Report may be viewed from the following link: https:&www.boyntonbeachcro.comZHomeLShowDocument?id=635 Utterback, Theresa From: Mariana Feldpausch <mfeldpausch@swa.org> Sent: Wednesday, October 13, 2021 3:37 PM To: Utterback, Theresa Cc: SWA Legal Counsel Subject: FY2022 Blighted and Distressed Property Clean-up and Beautification Grant Attachments: FY2022 Blighted Grant ILA - Boynton Beach CRA - DRAFT.docx Follow Up Flag: Follow up Flag Status: Flagged Good Afternoon, Today Wednesday, October 13,2021,the SWA held its Board Meeting&approved your grant project application for funding. We would appreciate your attorney reviewing the DRAFT copy of the Interlocal Agreement (ILA) provided in the above attachment and make any necessary changes using track changes. Please return the red line DRAFT copy of the ILA by Wednesday,October 27th. Hope you have a great rest of week, MOW&G" CL/FOUPa4,*� CIS Operations Manager Solid Waste Authority of PBC 7501 N Jog Road West Palm Beach, FL 33412 Ph: 561-640-4741 Cell: 561-319-8361 Please note: Florida has a very broad public records law. Most communications to or from the Solid Waste Authority are considered to be public records and will be made available to the public and the media upon request. Therefore,your e-mail message may be subject to public disclosure. 1 A ew W. SOLID WASTE AUTHORITY BOARD REGULAR MEETING OCTOBER 13,2021 9:00 AM KEV1 gD*,13l11I812021 CAC Recommendations Item 4.A:CAC Minutes SOLID WASTE AUTHORITY 7501 N.JOG ROAD,AUDITORIUM WEST PALM BEACH,FLORIDA 33412 www.swa.org 1. CALL TO ORDER ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE 2. AGENDA: Additions/Deletions 3. MINUTES: August 25,2021 [Approve] 4. MINUTES: A) Citizens' Advisory Committee October 6,2021 [Receive&File] B) Small Business Advisory Committee August 10,2021 [Receive&File] 5. RECOMMENDED CONSENT AGENDA a. Sole Source Procurements Recommendation: Receive and file. CAC Recommendation: Support staffs recommendation. b. Environmental Crimes Unit—Status Report(May—August 202 1) Recommendation: Receive and file. CAC Recommendation: Support staffs recommendation. Page 1 Solid Waste Authority Board Meeting October 13,2021 5. RECOMMENDED CONSENT AGENDA(continued) c. Designated Facility Authorization: Waste Connections of Florida,Ina(WCF)facility known as Deerfield Beach Recycling&Transfer in Deerfield Beach,Florida Recommendation: Authorize the Executive Director to renew the Designated Facility Authorization allowing for the recycling of Palm Beach County Construction and Demolition (C/D) Debris at the Deerfield Beach Recycling & Transfer facility in Deerfield Beach,Florida,effective through October 31,2022. CAC Recommendation: Support staff's recommendation. d. Solid Waste Management Facility Permit Renewal: The Bushel Stop—Jupiter Yard Recommendation: Approve renewal of Operation Permit #BJ 0073 TS10 to The Bushel Stop—Jupiter Yard for a Yard Trash Transfer Station through October 31,2022. CAC Recommendation: Support staffs recommendation. e. Additional Paid Holiday Recommendation: Seeking Board approval to add "Juneteenth", a Federal Holiday,to the list of Recognized Paid Holidays for Authority employees. CAC Recommendation: Support staff's recommendation. 6. MATTERS BY THE PUBLIC Anyone wishing to address the Board should complete a Request Card furnished on the Agenda table.Upon completion,please pass to the Clerk BEFORE the beginning of the meeting.Thank you for your cooperation. 7. PUBLIC HEARING/WORKSHOP None. Page 2 Solid Waste Authority Board Meeting October 13,2021 8. OLD BUSINESS (POSTPONED ITEMS) a. HiPoint Ago Bedding Florida,LLC Deferral of the 2021 Lease Fee for the 5.3 Acre Site Recommendation: Seeking Board Direction. CAC Recommendation: Substitute Motion to approve Option #3 to deny of is request to defer the 2021 lease payment. Motion carried with an 8-2 vote. 9. NEW BUSINESS A. EXECUTIVE DIRECTOR (D.Pellowitz) None. B. LEGAL COUNSEL (Howard Falcon,Attorney) None. C. OPERATIONS,FIELD SERVICES AND UTILITIES (Patrick Carroll,Chief) None. D. CUSTOMER INFORMATION SERVICES (John Archambo,Director) 1. 2022 Blighted and Distressed Property Cleanup and Beautification Grant Award Recommendation: Seek Board Direction. CAC Recommendation: Moio to strike the two that do not meet the criteria and e the other seven and pro-rate the $16,554.02 amongose seven decreasing e amounts y that much. oio carried with - vote. Page 3 Solid Waste Authority Board Meeting October 13,2021 9. NEW BUSINESS(continued) E. ENGINEERING AND CONSTRUCTION SERVICES (Ramana Kari,Chief) 1. Palm Beach Renewable Energy Facilities fland and#2:Advanced Post-Combustion Metals and Ash Aggregate Recovery Demonstration Project Recommendation: Authorize the Executive Director to finalize and execute a Site License Agreement between the Solid Waste Authority and Meldgaard US Inc.providing for the recovery of metals and production of aggregate from the ash produced at the Authority's Renewable Energy Facilities, subject to legal sufficiency approval by General Counsel as detailed herein. CAC Recommendation: Support staff's recommendation. 2. Sale of Renewable Energy Credits Recommendation: Authorize the Executive Director to sell Renewable Energy Credits generated from Renewable Energy Facility operations in available markets or bid competitions. CAC Recommendation: Support staff's recommendation. F. PLANNING&ENVIRONMENTAL PROGRAMS (Mary Beth Morrison,Director) None. G. FINANCIAL MANAGEMENT SERVICES (Paul Dumars,Chief) 1. Establish an Auditor Selection Committee Pursuant to Florida Statute 218.391 (2019) Recommendation: Appoint six Audit Selection Committee Members including one alternate. CAC Recommendation: Support staffs recommendation. 10. OTHER SCHEDULED MATTERS 11. COMMENTS BY GENERAL COUNSEL Page 4 Solid Waste Authority Board Meeting October 13,2021 12. COMMENTS BY AUTHORITY STAFF 13. COMMENTS BY THE BOARD Vice Mayor Robert S. Weinroth,Chair Commissioner Gregg Weiss,Vice Chair Commissioner Maria Sachs, Secretary Mayor Dave Kerner,Member Commissioner Maria Marino,Member Commissioner Melissa McKinlay,Member Commissioner Mack Bernard,Member 14. CONFUZMATION OF MEETING DATES Tuesday,November 16,2021 at 9:30 AM-Special Meeting Purpose: Selection of Officers Location: Palm Beach County Governmental Center 301 North Olive Avenue, 6'Floor Wednesday,December 8,2021 at 9:00 AM-Regular Meeting Location: SWA Administration Building Auditorium "If any interested person desires to appeal any decision made by the Board with respect to any matter considered at this meeting or hearing,such interested person will need a record of the proceedings,and for such purposes may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based." (F.S.268.0105) In accordance with the Americans with Disabilities Act and Florida Statutes 286.26, persons with disabilities needing special accommodation to participate in this proceeding should contact Willie Puz, Director of Public Affairs, at(561)640-8914 at least three business days prior to the proceeding(whenever possible)to request such accommodation. Page 5 YO R.PA `rN'F?t EoFf SOI Art WAS SO ;.Jig, S September 22, 2021 MEMORANDUM TO: Vice Mayor Robert S. Weinroth, Chair and Solid Waste Authority Board Members SUBJECT: 2022 Blighted and Distressed Property Cleanup and Beautification Grant Award RECOMMENDATION: Seek Board Direction BACKGROUND: Now in its seventh year, the SWA Blighted and Distressed Property Cleanup and Beautification Grant made possible by funds from the supplemental waste project has awarded a total of $4,254,528.54 to our governmental partners to reduce blighted areas throughout the county. In August 2021, the Board approved $750,000.00 for the 2022 Blighted and Distressed Property Cleanup and Beautification Grant. We received nine (9) applications from six (6) distinguished applicants totaling $840,681.78. Staff has performed a review of the applications to determine compliance with the intent of the program, and it is staff's opinion that all projects meet the requirements, with the exception of two (2) from the'City of Greenacres (Overview items #2 Municipal Complex Lighting Enhancement and #3 Municipal Complex Site Furnishings). In light of the above, the total eligible requested amounts equal $766,554.02 which exceeds the available funds by $16,554.02. „ Staff requests that the Board review the grant applications and identify which projects it wishes to fund, and the amounts to be funded. Staff will be available to assist in the deliberations as requested and to answer questions. BUDGET IMPACT: Sufficient funds budgeted in the FY 2022 budget up to $750,000.00. ITEM s page # 7501 North Jog Road, West Palm Beach, Florida 33412 (561)640-4000 FAX(561)640-3400 Recycled paper Vice Mayor Robert S.Weinroth,Chair and Solid Waste Authority Board Members September 22,2021 Page 2 ATTACHMENTS: 2022 Blighted and Distressed Property Cleanup and Beautification Grant Overview REVIEWS: Director: _ , Date: 9/z3 z� Director of Contract Compliance: Date: 1 Chief Officer: Date: Chief Finance Officer, (as required) a�b2J TM.. Date: 8609aef6-2274-490 .�.�,, . Legal Counsel: 6-82bc-5ba266f904 oFdo=�a "a ` (as required) 5e � ,�������.,�,� , Date: Executive Director: y ITEM Page # "" 2022 BLIGHTED AND DISTRESSED PROPERTY CLEAN-UP AND BEAUTIFICATION GRANT OVERVIEW 1. C&of Greenacres,Municil2al Complex Landscape Enhancement Grant amount requested: $13,650.02/Total Project Cost: $27,300.04/ Cost-Share: $13,650.02 Project: The City of Greenacres Municipal Complex's frontage is along Melaleuca Lane, which is a highly traveled Palm Beach County arterial roadway. The location by a high volume of usage road has resulted in constant litter issues and occasional homeless shelter construction. The City is proposing, in coordination with the County to create a landscaping plan that will improve the aesthetics along the roadway, and Municipal Complex. Florida native trees and shrubs will eliminate visibility issues so that City Hall can be seen from the roadway. An ADA accessible paver brick pathway will be constructed to connect the sidewalk along Melaleuca Lana to the pathway around the lake. Review Findings: Project meets the grant criteria. Previous Grants Allocated: Not applicable. 2. Ci of Greenacres Municl aI Complex Ughting Enhancement Grant amount requested: $44,862.00/Total Project Cost: $89,724.00/Cost-Share: $44,862.00 Project: The City of Greenacres recognizes that the limitations of the Complex are the hours of usable daylight. Usage in the winter is significantly reduced due to daylight savings time changes. The City is requesting funding for the installation of twenty-eight(28), twelve (12) foot aluminum light posts with solar power LED light fixtures along the pathway at the Municipal Complex. Review Findings: It is staff's opinion that project does not meet grant criteria. Previous Grants Allocated: Not applicable. 3. City of Greenacres Municipal Complex Site Furnishings Grant amount requested: $29,265.76/Total Project Cost: $58,531.51 /Cost-Share: $29,265.75 Project: The City of Greenacres strongly supports outdoor recreation, exercise, and leisure. The City is requesting funds to purchase eight(8) exercise stations, a kayak/canoe floating dock, site furnishings, fish attracting stations, bike racks and chess/checker top games tables for all ages to encourage and enhance outdoor recreation. Review Findings: It is staff's opinion that project does not meet grant criteria. Previous Grants Allocated: Not applicable. 4. Town of Loxahatchee Groves Roadside Shelters Grant Amount Requested: $331,875.00/Total Project Cost: $442,500.00/Cost-Share: $110,625.00 Project: The Town of Loxahatchee Groves has identified several intersections along Okeechobee Boulevard that have been subject to illegal dumping for an extended period of time, their proximity to the largest and most central east-west corridor in the Town makes them accessible and visible. The Town is requesting funds to install five (5) monument signs and five (5) shelters totaling ten (10) locations of the identified intersections with continual illegal dumping. Responsibility for maintenance of these locations lies with Palm Beach County, so right-of-way permitting with the County would be necessary prior to construction. However, Town staff would provide necessary maintenance after project completion. Page _ Page 1 2022 BLIGHTED AND DISTRESSED PROPERTY CLEAN-UP AND BEAUTIFICATION GRANT OVERVIEW Review Findings: Project meets the grant criteria. Previous Grants Allocated: Not Applicable 5. Palm Beach C2unty Parkas and Recreation Duncan Padgett Park Rac uetball Court Demolition Grant Amount Requested: $40,000.00/Total Project Cost: $40,000.00/Cost-Share: None Project: Duncan Padgett Park is a 16.79 acre community level park located in Pahokee, Florida. The park has two (2) four-wall racquetball courts constructed in 1980. Due to the age of the courts, degraded condition and lack of use, the Parks and Recreation Department is requesting funds to raze this structure and repurpose this area as a picnic destination. Review Findings: Project meets the grant criteria. Previous Grants Allocated: 2017—$6,900.00i-204" 6. The School Board of Palm Beach County Hope Centennial Project Grant Amount Requested: $30,000.00/Total Project Cost: $30,000.00/Cost-Share: None Project: The School Board of Palm Beach County is requesting funds to clean up and fence the perimeter of a vacant lot located northwest of Hope Centennial Elementary School. The School Board will also install "no dumping" signs to detour future illegal dumping cases. Review findings: Project meets the grant criteria. Previous Grants Allocated: 2047----$6,-90"O„ 2018 -$8,400.00;t lin - - ,3OOvO 7. Village of Palm S rin s Sago Palm Grant Amount Requested: $136,000.00 Total Project Cost: $4-,442y8,04.40136 000.00 /Cost-Share: 60None Project: The Village of Palm Springs is requesting funds for the landscaping portion of the initial renovation project of Sago Palm Park. To include removal of unhealthy and damaged landscape that currently exists, purchase and install four(4) Sago Palms, forty (40) Sabal Palms, twenty-five (25) Bulnesia Trees, thirty(30) Live Oaks, three (3) Palm trees, three (3) Flowering trees, fifteen (15) Cypress trees, fifteen (15) other trees, four hundred (400) Hedges, and St. Augustine sod. Review Findings: Project meets the grant criteria. Previous Grants Allocated: 2020 -$71,864.45; 2021 -$122,068.00; totaling -$193,932.45. 8. Boynton Beach CRA Demolition and Beautification Grant Amount Requested: $132,377.00/Total Project Cost: $1,742,804.50/Cost-Share:None ILO1427.50 Project: The Boynton Beach CRA (BBCRA) is requesting funds to demolish three (3) buildings, resurface and expand a parking lot, and extend the rental of a perimeter fence. Building addresses are: 221 East Martin Luther King, Jr. Boulevard, 115 Northeast 4th Avenue, and 133 Northeast 4th Avenue. Parking lot resurfacing and expansion is for a commercial space located at 401 East Boynton Beach Boulevard. Perimeter fencing rental, to deter illegal dumping of vacant property, surrounds 4.6 acre Cottage District Infill Affordable Workforce Housing Redevelopment Project ITEM Page # Page 2 404110s� 2022 BLIGHTED AND DISTRESSED PROPERTY CLEAN-UP AND BEAUTIFICATION GRANT OVERVIEW which was funded for a year by the 2021 Blighted Grant Award and was expected to have been transferred to a development team by November 1, 2021, but has been delayed due to the impact of COVID-19. Review Findings: Project meets the grant criteria. Previous Grants Allocated: 2016 -$62,310.00; 2018 -$73,550.75; 2018 -$16,000.00; 2019 - $77,050.00; 2020 -$95,450.00; 2021 -$65,342.00; totaling -$389,702.75. 9. Delray Beach CRA Blight Prevention Through Demolition Grant Amount Requested: $80,652.00 Total Project Cost: $80,652.00/Cost-Share: None Project: The @9yRtGn-QgLray Beach CRA is requesting funds to demolish two (2) structures on two separate properties to make way for redevelopment within the CRA District. Structures are located at 606 West Atlantic Avenue and 34 Northwest 6th Avenue. Review Findings: Project meets the grant criteria. Previous Grants Allocated: 2016 -$51,701.00; 2016 -$63,200.00 relinquished $52,220.00 of total grant; 2017 -$70,779.00; 2017 -$60,000.00 relinquished $22,958.15 of total grant; 2018 - $54,058.38; 2018 -$135,149.87 relinquished $5,735.21 of total grant; 2019 -$130,446.25; 2021 - $52,800.00; totaling -$618,134.50. Page # gage 3 INTERLOCAL GRANT AGREEMENT BY AND.BETWEEN BOYNTON BEACH CRA AND SOLID WASTE AUTHORITY OF PALM BEACH COUNTY (Blighted and Distressed Property Clean-Up and Beautification Grant) THIS INTERLOCAL GRANT AGREEMENT ("the Grant Agreement") is made and entered into this day of ,2021,by and between the Solid Waste Authority of Palm Beach County, a dependent special district created pursuant to Chapter 2001-331,Laws of Florida, as amended, hereinafter (the "Authority") and Boynton Beach CRA, a public agency created pursuant to Chapter 163, Part III, Florida Statutes, hereinafter (the "Applicant"), by and through its duly authorized Board. WITNESSETH: WHEREAS, Section 163.01, Florida Statutes, authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS,the Authority's Governing Board has appropriated in the Authority's adopted 2021/2022 fiscal year budget funds for Blighted and Distressed Property Clean-up and Beautification Grants (the individual disbursement of such funds to the Applicant under this Grant Agreement is hereinafter referred to as a"Grant,"); and WHEREAS, this Interlocal Grant Agreement is intended to assist in the cleanup and beautification of distressed, blighted, or otherwise impacted public properties within both the unincorporated and incorporated areas of Palm Beach County; and WHEREAS, this Grant is provided as an incentive to improve the quality of life and provide a safer, healthier and more aesthetically pleasing environment for the residents of Palm Beach County; and WHEREAS, the Applicant owns and controls the properties that are the subject of this Interlocal Grant Agreement located within the Boynton Beach CRA boundaries and identified by Parcel Control Nos. 08-43-45-21-27-001-0220, 08-43-45-21-29-003-0031, 08-43-45-21-29-003- 0052, 08-43-45-21-28-001-0010, 08-43-45-21-28-001-0020, 08-43-45-21-28-001-0031, 08-43- 1 45-21-28-001-0041, 08-43-45-21-28-001-0061, 08-43-45-21-28-001-0071, 08-43-45-21-29-003- 0033, 08-43-45-21-29-003-0032, 08-43-45-21-29-003-0020, 08-43-45-21-29-003-0011, 08-43- 45-21-29-003-0013, 08-43-45-21-29-003-0012, 08-43-45-21-29-003-0014, 08-43-45-21-29-003- 0034, 08-43-45-21-29-003-0041, 08-43-45-21-29-003-0051, 08-43-45-21-29-003-0081, 08-43- 45-21-29-003-0071, 08-43-45-21-18-000-0060, 08-43-45-21-18-000-0051 and 08-43-45-21-18- 000-0040 and referred to hereinafter as (the "Property"); and WHEREAS,the Property is in a state of disrepair,is visible to the surrounding community, and attracts nuisances, including illegal dumping, littering and criminal activity to the detriment of the surrounding community; and WHEREAS, the Applicant wishes to demolish three (3) buildings, resurface and expand a parking lot, and extend the rental of a perimeter fence. Building addresses are: 221 East Martin Luther King,Jr. Boulevard., 115 Northeast 4th Avenue,and 133 Northeast 4th Avenue. Parking lot resurfacing and expansion is for a commercial space located at 401 East Boynton Beach Boulevard. Perimeter fencing rental, to deter illegal dumping of vacant property, surrounds 4.6 acre Cottage District (the "Project"); and WHEREAS, the Authority is the agency responsible for providing solid waste disposal and recycling programs for Palm Beach County and desires to assist the Applicant by defraying the cost of the demolition, disposal and hauling, and improvement activities associated with the Project through the provision of this Grant. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants, and obligations set forth herein, the Authority and Applicant agree as follows: 1. Incorporation of Facts The facts and background set forth above in the Preamble to this Agreement are true and correct and incorporated into and made a part of this Grant Agreement. 2. Purpose The purpose of this Grant Agreement is to set forth the respective duties, rights and obligations of the parties relating to the Authority's provision of this Grant and the Applicant's performance of the Project. 3. Contract Representatives and Monitors The Authority's Contract Representative and Monitor during the execution of the Project shall be John Archambo, Director of Customer Information Services, or his designee, whose telephone number is (561) 697-2700. The Applicant's Contract Representative and Monitor shall be Theresa Utterback, whose telephone number is (561)600-9094 or (954) 296-7327. 2 4. The Project For the Project, the Applicant will be responsible for: A. Demolishing three (3) buildings, B. Resurfacing and expanding the commercial space parking lot, C. Maintaining perimeter fencing rental of 4.6 acres of vacant property. 5. Effective Date and Term This Grant Agreement shall take effect upon execution by the parties and shall remain in full force and effect until November 30, 2022. 6. Conduct of the Project A. The Applicant shall be solely responsible for all aspects of the Project, including but not limited to securing funding, securing all permits and approvals,procuring all labor and materials, and maintaining the Property consistent with the intent of this Grant Agreement for its full term. B. The Applicant agrees to comply with all applicable local, state and Federal laws,rules and regulations. C. The Authority shall only, without exception, be responsible for providing the Grant funding in the amounts and upon the Project milestones identified herein. D. Applicant agrees that it shall endeavor to complete the Project within 12 months from the date of execution of this Grant Agreement. The Applicant may request an extension(s) beyond this period for the purpose of completing the Project. The Authority agrees that it may not unreasonably refuse Applicant's request for an extension(s) as long as the Applicant is diligently pursuing the completion of the Project. Requests for extension and acceptances thereof may be agreed to through email correspondence. E. Prior to commencement of the Project,Applicant shall submit a final project schedule to include starting and completion dates. The Authority shall review all documents within ten (10) business days of receipt. If the Authority does not respond within the ten (10) day period, then the Applicant may proceed as if the Authority had no comments or objections. 7. Funding The Authority shall disburse Grant funds in the amount of$ 132,377.00 as follows: 3 A. Upon execution of this Grant Agreement,the Authority shall disburse a check equal to 50% of the total Grant award. B. Upon Project completion and verification by the Authority, the remaining 50% of total Grant award shall be disbursed within 20 days of written request by Applicant. Applicant is solely responsible for providing all other funds necessary to complete the Project. The Authority shall not have an obligation to provide additional funding beyond the dollar amount set forth in this Grant Agreement. 8. Ownership and Maintenance of the Project Applicant hereby represents and warrants that it is the fee simple owner of the Property and that the Property is unencumbered and free and clear of other interests, of any type or character. In the event any liens or encumbrances are filed or recorded against the Property, the Applicant shall immediately take all necessary steps, at its sole cost and expense, to clear and remove all such liens, interests or encumbrances. The Applicant represents and warrants that it has full legal authority to enter into this Grant Agreement. The Applicant further warrants that it has the financial ability to maintain the Property as specifically intended and required under this Grant Agreement. A. The Applicant shall be solely responsible for all necessary costs, expenses, fees, charges, and all other liabilities of any type related to the execution and maintenance of the Project consistent with the intent of this Grant Agreement. B. The Applicant shall maintain the Property for the entire duration of this Grant Agreement in order to prevent the Property from reverting back to its previous state. In its application, Applicant provided a plan for maintaining the Property consistent with the intent of this Grant Agreement and the Applicant will faithfully execute that plan. C. The rights and duties arising under this Grant Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. However,this Grant Agreement shall not be assigned without the prior written consent of the Authority, and any such assignment without the prior written consent of the Authority shall constitute grounds for termination of this Grant Agreement for cause. 9. Access and Audit Each party will maintain all books,records,accounts,and reports associated with this Grant Agreement for a period of not less than five (5) years after the later of the date of termination or expiration of this Grant Agreement. All said records will be available to the other upon request. In the event claims are asserted or litigation is commenced related to or arising out of the performance of this Grant Agreement, each party agrees that it will maintain all records relating to the Project and the Property until the other party has disposed of all such litigation, appeals, claims, or exceptions related thereto. 4 10. License and Permit The Applicant hereby grants to the Authority an irrevocable license and permit to access the Property, surrounding roadways,walkways, and any other means of ingress and egress to the Property for the purpose of ensuring compliance with this Grant Agreement for the duration of this Grant Agreement. The Parties each acknowledge that good and valuable consideration has been received to maintain such irrevocable license for the duration of this Grant Agreement. 11. Insurance A. Without waiving the right to sovereign immunity as provided by Section 768.28,F.S., each party acknowledges that it is either insured or self-insured for General Liability and Automobile Liability under Florida's sovereign immunity statutes with coverage limits of$200,000 Per Person and $300,000 Per Occurrence, or such other sovereign immunity waiver limits that may change as set forth by the State Legislature at the time of such occurrence. B. The Applicant agrees to maintain or to be self-insured for Workers' Compensation & Employers' Liability insurance in accordance with Chapter 440, Florida Statutes. . C. When requested, each party shall provide to the other, an affidavit or Certificate of Insurance evidencing insurance, self-insurance and/or sovereign immunity status. D. Compliance with the foregoing requirements shall not relieve either parry of its liability and other obligations under this Grant Agreement. E. The Applicant agrees to include no less than the above-stated insurance requirements as to type of coverage and dollar amount so as to meet the minimum requirements set forth above in all contracts related to the construction, use, or maintenance of the Project and the Property, and shall establish and maintain such coverage as a requirement for the issuance of any permit, license, or right to use or occupy the Project and Property unless this requirement is expressly waived in writing by the Authority's Contract Representative and Monitor with the approval of Authority's Department of Risk Management. 12. Public Entity Crimes Applicant shall comply with Section 287.133(2)(a), F.S., as amended, which provides in pertinent part as follows: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of a 5 public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,F.S.for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 13. No Third-Party Beneficiaries Except as specifically set forth and as limited herein, this Grant Agreement confers no rights on anyone other than the Authority and the Applicant and is not otherwise intended to be a third-party beneficiary contract in any respect. Nothing contained in this Agreement shall constitute the Authority's acceptance of any obligation or liability not otherwise imposed under this Grant Agreement or by law upon the Authority. 14. Termination A. In the event the Applicant fails to comply with any provision of this Grant Agreement, the Authority may exercise any and all rights available to it, including termination of this Grant Agreement. The Authority will notify the Applicant of its noncompliance and provide the Applicant thirty (30) days or such additional period granted by the Authority to cure the noncompliant event(s) or act(s). In the event the Applicant has not cured the noncompliant act(s) or event(s), or if the Applicant cannot cure the noncompliant act(s) or event(s), the Authority may terminate this Grant Agreement. If the Authority terminates this Grant Agreement for the Applicant's failure to cure under this provision,the Authority may require the Applicant to repay to the Authority the Grant funds that were provided by the Authority for the Project, or some lesser sum determined by the Authority. B. The Authority may also terminate this Grant Agreement for convenience, in whole or in part, at any time, by written notice of such termination to the Applicant should the Authority, in its sole discretion, determine that it is necessary to do so for any reason. The Authority shall notify the Applicant of its intent to terminate for convenience at least ninety (90) days in advance of the termination date by delivering notice of such to the Applicant specifying the extent of termination and the effective date. In the event the Authority terminates this Grant Agreement for convenience, the Applicant will be relieved of any obligation to repay the funds received from the Authority pursuant to paragraph 7 above. The Applicant affirms that the benefits promised to it under this Grant Agreement are adequate consideration to support not only its duties and obligations under this Grant Agreement, but also support the Authority's right to terminate this Grant Agreement for convenience and its limitation of remedies against the Authority to those specifically set forth herein, regardless of the harm, if any, caused by the Authority's termination of this Grant Agreement for convenience. 6 C. Upon termination of this Grant Agreement as set forth herein, both the Authority and Applicant agree and acknowledge that their respective legal or equitable remedies against the other for termination of this Grant Agreement are expressly limited to those contained in this Grant Agreement. Notwithstanding the foregoing,the parties agree to comply with all applicable statutory dispute resolution procedures as provided under Florida law. 15. Office of the Inspector General Palm Beach County has established the Office of the Inspector General pursuant to, Ordinance No. 2009-049, as amended, which is authorized and empowered to review past, present and proposed County contracts, transactions, accounts and records. The Authority has entered into an agreement with Palm Beach County for Inspector General services. This agreement provides for the Inspector General to provide services to the Authority in accordance with the authority, functions, and powers set out in the Inspector General Ordinance as amended. All parties doing business with the Authority and receiving Authority funds shall fully cooperate with the Inspector General including, but not limited to, providing access to records relating to this Grant Agreement. The Inspector General has the power to subpoena witnesses, administer oaths, require the production of records, and audit, investigate, monitor, and inspect the activities of the Applicant, its officers, agents, employees, and lobbyists in order to ensure compliance with the Agreement and detect corruption and fraud. Failure to cooperate with the Inspector General or interference with or impeding any investigation shall be a violation of the Inspector General Ordinance, as amended, and punishable pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. 16. No Liability or Waiver of Sovereign Immunity Neither party shall be deemed to have assumed any liability for the negligent or wrongful acts or omissions of the other party. Nothing contained in this Grant Agreement shall act or constitute a waiver of either party's sovereign immunity in excess of that waived by the Legislature in Section 786.28, F.S. 17. No Agency Relationship Nothing contained herein is intended to nor shall it create an agency relationship between the Authority and the Applicant. 18. Remedies and Limitations of Liability A. This Grant Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement shall be in a State Court of competent jurisdiction located in Palm Beach County, Florida. B. The Authority and Applicant both acknowledge that their respective remedies against the other for termination of this Grant Agreement as set forth herein are limited solely to those in this Grant Agreement. 7 C. The Authority's remedies against the Applicant shall be limited to the recovery of any sums of money provided to it under this Grant Agreement. The Authority shall have no further or additional liability to the Applicant or any other person or entity arising from, or related in any way to this Grant Agreement, and in no event shall the Applicant's liability to the Authority, for any reason, exceed the total amount of this Grant Agreement. D. The Applicant's remedies against the Authority shall be limited to the sum of money the Applicant has expended or is expressly liable for pursuant to a written contract entered into for the sole purpose of completing the Project itself, and not related, ancillary or adjunct matters. However, in no event shall the Authority's liability to the Applicant for any reason, exceed the total amount of this Grant Agreement. 19. Enforcement Costs To the extent that enforcement of the Grant Agreement becomes necessary by either the Authority or the Applicant, each party shall bear their own attorney's fees, taxable costs, or any other costs related to such enforcement, including any form of alternative dispute resolution. 20. Notice All written notices required under this Grant Agreement shall be in writing and hand delivered or sent by certified mail, return receipt requested, and if sent to the Authority shall be mailed to: Mariana Feldpausch, CIS Operations Manager Customer Information Services 7501 N. Jog Road West Palm Beach, FL 33412 with copies to: County Attorney's Office 301 North Olive Avenue Suite 601. West Palm Beach, FL 33401 and, if sent to the Applicant shall be mailed to: Thuy Shutt, Executive Director Boynton Beach CRA 100 E. Ocean Avenue 8 Boynton Beach, FL 33435 with copies to: Tara W. Duhy 360 South Rosemary Avenue Suite 1100 West Palm Beach, Florida 33401 Each party may change its address upon notice to the other. 21. No Waiver No waiver of any provisions of this Grant Agreement, or any amendment hereto, shall be effective unless it is in writing, signed by the party against whom it is asserted. Any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed a continuing or future waiver. 22. Captions The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. 23. Joint Preparation The preparation of this Grant Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial construction,be construed more severely against one of the parties than the other. 24. Severability Should any section, paragraph, sentence, clause, or provision hereof be held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Grant Agreement. 25. Entirety of Contract and Modifications The Authority and Applicant agree that this Grant Agreement sets forth the entire agreement and understanding between the parties of their respective rights or obligations hereunder, including the intent of this Grant Agreement. There are no promises or understandings other than those stated herein. No modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. 26. Survivability Provisions of this Grant Agreement which are of a continuing nature or impose obligations which extends beyond the term of this Grant Agreement shall survive its expiration or earlier termination. 9 27. Filing A copy of this Grant Agreement shall be filed with the Clerk and Comptroller of the Circuit Court in and for Palm Beach County. 28. Commercial Nondiscrimination Policy As a condition of entering into this Grant Agreement,the Applicant represents and warrants that it will comply with the Authority's Commercial Nondiscrimination Policy as described under Section 6.3 of the Authority's Purchasing Manual that is incorporated herein by specific reference. As part of such compliance, the Applicant shall not discriminate on the basis of race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, gender identity or expression, disability, or genetic information in the solicitation, selection,hiring or commercial treatment of contractors, subcontractors, vendors, suppliers, or commercial customers, nor shall the Applicant retaliate against any person for reporting instances of such discrimination. The Applicant shall provide equal opportunity for contractors, subcontractors,vendors and suppliers to participate in all of its public sector and private sector contracting, subcontracting and supply opportunities, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the Authority's relevant marketplace in Palm Beach County. The Applicant understands and agrees that a material violation of this clause shall be considered a material breach of this Grant Agreement and may result in termination of this Grant Agreement, disqualification or debarment of the company from participating in Authority contracts, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party. IN WITNESS WHEREOF,the Solid Waste Authority of Palm Beach County and 10 Boynton Beach CRA have hereunto set their hands the day and year above written. ATTEST: SOLID WASTE AUTHORITY OF PALM BEACH COUNTY By _,..,...._. By _. ... Sandra Vassalotti,Clerk to the Board Daniel Pellowitz, Executive Director (SEAL) APPROVE AS TO LEGAL SUFFICIENCY APPROVE AS TO TERMS AND CONDITIONS By By. _... _ . Howard J. Falcon,III John Archambo General Counsel Director,Customer Information Services WITNESSES: BOYNTON BEACH CRA Witness Signature By: Signature T Print Witness Name Print Name �..... .... ......... ae..na�.. Title Witness Signature _._...M.. .. (SEAL) Print Witness Name Approved by the Solid Waste Authority Board on October 13, 2021, Item 9.1).1. Approved by the Boynton Beach CRA on , 20 Item 11 i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD M EETING OF: November 9, 2021 NEW BUSINESS AGENDAITEM: 17.13. SUBJECT: Discussion and Consideration of the Purchase of 409 NE 1 st Street SUMMARY: At the October 12, 2021, CRA Board Meeting the Board directed staff to have an appraisal prepared for the two vacant lots (PCNs 08-43-45-21-30-002-0012 and 08-43-45-21-30- 002-0011) located at 409 N E 1 st Street (Attachment 1). Brian Fitzpatrick, owner of the vacant lots, advised the CRA Board that the asking price of the properties was $500,000.00 (Attachment II). The CRA Board directed staff to bring back a Purchase and Sale Agreement (Attachment III) along with the appraisal for review and discussion. An appraisal for the lots was prepared and provided to the CRAAB Board at their July 1, 2021 meeting. The appraised market value was $183,000.00 (Attachment IV). The CRAAB Board, as part of their assignment by the CRA Board, discussed the properties and motioned to place the property in the category "pursue at a later time to be determined by the CRA Board" (Attachment V). If the CRA Board wishes to purchase the property, CRA Staff is requesting the Board provide a closing date in addition to any adjustment to the asking price. FISCAL IMPACT: FY 2021-2022 Budget, Line Item #02-58200-401, approximately$1.2M funds remaining Purchase Price to be determined by the Board CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRAAB RECOMMENDATION: On July 1, 2021, the CRAAB Board motioned to place the property in the category "pursue at a later time to be determined by the C RA Board." CRA BOARD OPTIONS: 1. Approve the purchase of the two properties (PCNs 08-43-45-21-30-002-0012 and 08-43-45- 21-30-002-0011) located at 409 NE 1st Street at Seller's asking price of $500,000, provide a closing date, and authorize the CRA Chair to execute the Purchase and Sale Agreement subject to approval by legal counsel. 2. Counteroffer Seller's asking price of$500,000 for the two properties ((PCNs 08-43-45-21-30- 002-0012 and 08-43-45-21-30-002-0011) located at 409 NE 1st Street at a price to be determined by CRA Board, provide a closing date, and authorize the CRA Chair to execute a Purchase and Sale Agreement subject to approval by legal counsel. 3. Do not purchase the properties located at 409 N E 1 st Street. ATTACHMENTS: Description D Attachment I - Location Map D Attachment II -October 12, 2021 CRA Board meeting M inutes D Attachment III - Draft Purchase and Sale Agreement D Attachment IV -Appraisal D Attachment V -July 1, 2021 CRAAB Minutes &Agenda Item t� � r - �° x x 1. s f �I� t ,w j T C�) C^A Cw! IJt NO p LU LU to , kji A 41, 7 u p ,,1; �re ro Li03 I— z s ` CIA 0 s� rot a r " 0 � 0 � ri 0 C7 l i u.A CI- w � ° � ' a asIT z a e s 'dfid. i Cn �. H SCl Cl r [- C 1. t i ria I LLJ� �" Meeting Minutes Community Redevelopment Agency Board Boynton Beach Florida October 12, 2021 B. Discussion and Consideration of the Purchase of 220-224 E. MILK Boulevard Ms. Shutt advised Mr. Fitzpatrick offered to sell his three lots for $2M on October 8th Closing would occur prior to March 2022. The CRA Advisory Board voted to land bank the property. Chair Grant commented one issue was many tenants Mr. Fitzpatrick had. There are 12 tenants and Chair Grant noted $2M was above appraised value. Brian Fitzpatrick, 40 NE 1St Street, stated he could deliver the property empty and the City is currently developing the land to the west of it. The land is likely to have additional value, but to get the same number of units in an affordable way in the future is unlikely. Chair Grant felt the CRA has more apparent needs and to have affordable single-family homes, the CRA would have to subsidize. The other properties Mr. Fitzpatrick has on the corner of Ocean Avenue and 1St Street, and the corner of NE 4th Avenue and 1St Street, the CRA may want to consider. He directed staff to get an asking price and for the Board to decide. As for the MILK properties with the 12 tenants, the CRA does not want to be a landlord and in the near future they would not be redeveloping the land. He thought having additional vacant lots on MILK Jr. Boulevard would not be in the CRA's best interest. Vice Chair Hay agreed. The appraised value is $1.2M on May 24th by Anderson Carr as contained in Attachment three. Mr. Fitzpatrick was offended by the appraisal. He contended the appraiser disregarded relevant comps and concentrated on negative aspects of comps. The appraisal does not mention Centennial Management's recently completed projects. He advised there were several things he did, and he gave him the figures to base the rents on, which the appraiser disregarded. Another appraiser treated another property owner differently. He thought there was a serious problem with properties on MILK Jr. Boulevard being undervalued. Chair Grant stated Mr. Fitzpatrick could get his own appraisal. Chair Grant did not want to be responsible for the 12 people living there, Mr. Fitzpatrick noted in 2006, Delray acquired a 10-unit apartment building, and the CRA is using it for affordable housing. This could provide 12 affordable housing units. He thought the CRA would have the foundation for another project similar to Centennial Management. Vice Chair Hay commented he will not support purchasing the property. Chair Grant reiterated he would look at the other two properties on the 409 NE 1St Street and 4th Street. Chair Grant thought that has value especially if they purchase 137 NE 3rd Avenue. He announced there is no consensus to buy the MILK property. He requested a motion for staff to come up with a purchase and sale agreement for $500K for the Board to discuss at the next meeting. Hopefully they can get an appraisal. Board Member Romelus wanted staff to get more information about the 409 and the other property, to look into the appraisal and purchase of 409 NE 1St Street. Motion Vice Chair Hay so moved. Board Member Penserga seconded the motion. The motion passed unanimously. 19 Meeting Minutes Community Redevelopment Agency Board Boynton Beach Florida October 12, 2021 Mr. Fitzpatrick pointed out his clients have the ability to seek out other housing possibilities. Board Member Penserga also noted this property is easier as there are no tenants involved. C. Discussion Regarding the 2021 Holiday Boat Parade Ms. Coppin received notification from Delray Beach they did not allocate funding for the parade. Previously they shared the costs and the CRA was reimbursed 50% for their marketing and some of the promotions and awards associated with the parade. Due to the CRA's limitation about hosting events outside of the District, they have to curtail the parade route. Staff cannot pull permits in Delray Beach and there are three bridges in Delray Beach. Staff proposed starting the parade at the Palm Beach Yacht Center and ending at the C15 canal. Chair Grant suggested speaking to the neighbors north in Hypoluxo, Lantana and Manalapan to see if they would help fund some of the marketing costs. Ms. Coppin stated she reached out to Hypoluxo. The Mayor declined and she has not heard from Lantana. She will reach out to Manalapan and apprise the Board. Chair Grant suggested contacting the City Manager, not the elected officials. He also suggested contacting the Downtown Business Coalition to see if they could offer assistance with prizes and marketing. Ms. Coppin advised they have to determine the route because staff has to announce and release the registration forms. They are approaching November and the parade occurs in early December. The parade will end before the George Bush Bridge and there is flexibility about the starting point. Chair Grant commented the Board can finalize all in November and will try to get the Intracoastal communities involved. D. Discussion and Consideration of a Tax Deed Sale for the Property Located at 137 NE 3rd Avenue Theresa Utterback, Development Services Manager, stated the item is a tax deed sale for a property adjacent to property the CRA owns. The property has garage, there are no utilities, and no liens except for the tax lien. She was looking for direction and would love to bid on the property. Chair Grant wanted to bid similar to the land value of the adjacent property as the lot sizes there have additional value. It is zoned for duplexes and they have the ability to move forward with a better affordable housing property. Chair Grant suggested $200K and that the Executive Director use her best judgement for any amount over $200K. Motion Board Member Katz so moved. Vice Chair Hay seconded the motion. The motion passed unanimously. 18. Future Agenda Items A. Review of Marina Parking Management - Rules and Regulations 20 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 Brian J. Fitzpatrick and Jacqueline S. Fitzpatrick (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 409 NE 1" Street, Boynton Beach, in Palm Beach County, Florida (the "Properties") and more particularly described as follows: PCN #08-43-45-21-30-002-0012—409 NE 1" Street, Boynton Beach, FL The South 33.90 feet of Lot(s) 1 and 2, Block 2, SHEPARD-FUNK ADDITION TO THE TOWN OF BOYNTON, 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 15. Said lands situate, lying and being in Palm Beach County, Florida. and PCN #08-43-45-21-30-002-0011— no street address Lot(s) 1 and 2, Block 2, LESS the South 33.90 feet thereof, SHEPARD-FUNK ADDITION TO THE TOWN OF BOYNTON, 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 15. 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 Five Hundred Thousand and 00/100 Dollars ($500,000.00), payable in cash, by wire transfer of United States Dollars at the Closing. 3. DEPOSIT. 3.1 Earnest Money Deposit. Within five (5) Business Days after the execution of the Purchase Agreement by both parties, PURCHASER shall deliver to Lewis, Longman & Walker, PA ("Escrow Agent") a deposit in the amount of Five Thousand and 00/100 Dollars ($5,000.00) the "Deposit"). 3.2 Application/Disbursement of Deposit. The Deposit shall be applied and disbursed as follows: PURCHASER's Initials: SELLER's Initials: 01375535-1 Purchase and Sale Agreement Page 2 of 15 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. 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 (the "Closing"), unless extended by other provisions of this Agreement or by written agreement, signed by both parties, extending the Closing. 6. TITLE TO BE CONVEYED. At Closing, SELLER shall convey to PURCHASER, by Warranty Deed complying with the requirements of the Title Commitment(hereinafter defined), valid,good, marketable and insurable title in fee simple to the Property,free and clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the following (collectively, the "Permitted Exceptions"): (a) general real estate taxes and special assessments for the year of Closing and subsequent years not yet due and payable; (b) covenants, conditions, easements, dedications, rights-of-way and matters of record included on the Title Commitment or shown on the Survey (defined in Section 7), to which PURCHASER fails to object, or which PURCHASER agrees to accept, pursuant to Section 7.1 and Section 7.2 hereof. 7. FEASIBILITY PERIOD. The PURCHASER, and its designees shall have forty-five (45) days from the Effective Date of this Agreement ("Feasibility Period"), at PURCHASER's expense, to make inquiries to determine if the Property is suitable for its intended use and to enter upon the Property, at any time and from time to time with reasonable notice to SELLER and so long as PURCHASER's Initials: SELLER's Initials: 01375535-1 Purchase and Sale Agreement Page 3 of 15 said investigations do not result in a business interruption, to perform any and all physical tests, inspections, valuation appraisals and investigations of the Property, including but not limited to Phase I and Phase II investigations, which PURCHASER may deem necessary. During this Feasibility Period, PURCHASER may elect, in PURCHASER's sole and absolute discretion, to terminate this contract and receive back all deposits hereunder. If PURCHASER elects to terminate this Agreement in accordance with this Section, PURCHASER shall: (i) leave the Property in substantially the condition existing on the Effective Date, subject to such disturbance as was reasonably necessary or convenient in the testing and investigation of the Property; (ii)to the extent practicable, shall repair and restore any damage caused to the Property by PURCHASER's testing and investigation; and (iii) release to SELLER, at no cost, all reports and other work generated as a result of the PURCHASER's testing and investigation. PURCHASER hereby agrees to indemnify and hold SELLER harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to PURCHASER (including, without limitation, any construction liens resulting therefrom) or for damage to persons or property (subject to the limitation on practicability provided above) arising out of PURCHASER's investigation of the Property. However, PURCHASER's indemnification obligations shall not exceed its statutory limits as provided within Section 768.28, Florida Statutes, and PURCHASER does not waive its sovereign immunity rights. SELLER hereby agrees to indemnify and hold PURCHASER harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to SELLER or for damage to persons or property (subject to the limitation on practicability provided above) arising out of PURCHASER's investigation of the Property. SELLERS' obligations under this Section shall survive the termination, expiration or Closing of this Agreement. 7.1 Title Review. Within twenty (20) days of the Effective Date, PURCHASER shall obtain, at the PURCHASER's expense, from a Title Company chosen by PURCHASER (hereinafter"Title Company"),a Title Commitment covering the Property and proposing to insure PURCHASER in the amount of the Purchase Price subject only to the Permitted Exceptions, together with complete and legible copies of all instruments identified as conditions or exceptions in Schedule B of the Title Commitment. Any and all assessments, outstanding utility charges, liens and other matters not constituting Permitted Exceptions shall be paid by Seller prior to or at closing from Seller's proceeds. PURCHASER shall examine the Title Commitment and deliver written notice to SELLER no later than thirty (30) days after the Effective Date notifying SELLER of any objections PURCHASER has to the condition of title (hereinafter "Title Objections"). If PURCHASER fails to deliver the Title Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If PURCHASER timely delivers the Title Objections, then SELLER shall have thirty (30) days to diligently and in good faith undertake all necessary activities to cure and remove the Title Objections (hereinafter "Cure Period"). In the event that SELLER is unable to cure and remove, or cause to be cured and removed, the Title Objections within the Cure Period, to the PURCHASER's Initials: SELLER's Initials: 01375535-1 Purchase and Sale Agreement Page 4 of 15 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. 7.2. Survey Review. PURCHASER, at PURCHASER's expense, shall obtain a current boundary survey (the "Survey") of the Property, indicating the number of acres comprising the Property to the nearest 1/100th of an acre. If the Survey discloses encroachments on the Property or that improvements located thereon encroach on setback lines, easements, lands of others or violate any restrictions, covenants of this Agreement, or applicable governmental regulations, the same shall constitute a title defect and shall be governed by the provisions of Section 7.1 concerning title objections. 7.3 SELLER Deliveries. SELLER shall deliver to PURCHASER the following documents and instruments within ten (10) days of the Effective Date of this Agreement, except as specifically indicated: 7.3.1 Copies of any reports or studies (including engineering, environmental, soil borings, and other physical inspection reports), in SELLER's possession or control with respect to the physical condition or operation of the Property, if any. 7.3.2 Copies of all licenses,variances, waivers, permits(including but not limited to all surface water management permits, wetland resource permits, consumptive use permits and environmental resource permits), authorizations, and approvals required by law or by any governmental or private authority having jurisdiction over the Property, or any portion thereof (the "Governmental Approvals"), which are material to the use or operation of the Property, if any. 7.3.3 Prior to the Closing Date, SELLER shall execute and deliver to PURCHASER's Initials: SELLER's Initials: 01375535-1 Purchase and Sale Agreement Page 5 of 15 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. PURCHASER's Initials: SELLER's Initials: 01375535-1 Purchase and Sale Agreement Page 6 of 15 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 PURCHASER's Initials: SELLER's Initials: 01375535-1 Purchase and Sale Agreement Page 7 of 15 as of Closing shall be assumed by PURCHASER. If the improvement has been substantially completed as of the Effective Date, any pending lien shall be considered certified, confirmed or ratified and SELLER shall, at Closing, be charged an amount equal to the last estimate or assessment for the improvement by the public body. 10.4. Closing Costs. PURCHASER shall be responsible for recording the deed and half of all general closing expenses(settlement fee, courier fees,overnight package, etc.). SELLER is responsible for documentary stamps on the deed and half of all general closing expenses and their own legal fees. All other costs of closing 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. PURCHASER's Initials: SELLER's Initials: 01375535-1 Purchase and Sale Agreement Page 8 of 15 11.3 SELLER has full power and authority to enter into this Agreement and to assume and perform its obligations hereunder in this Agreement. SELLER does not and will not conflict with or result in the breach of any condition or provision, or constitute a default under, or result in the creation or imposition of any lien, charge, or encumbrance upon any of the Property or assets of the SELLER by reason of the terms of any contract, mortgage, lien, lease, agreement, 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. PURCHASER's Initials: SELLER's Initials: 01375535-1 Purchase and Sale Agreement Page 9 of 15 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)"). 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 PURCHASER's Initials: SELLER's Initials: 01375535-1 Purchase and Sale Agreement Page 10 of 15 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. 12. DEFAULT. 12.1. Purchaser's Default. In the event that this transaction fails to close due to a wrongful refusal to close or default on the part of PURCHASER, subject to the provisions of Paragraph 12.3 below, the Deposit actually then being held by the Escrow Agent shall be paid by Escrow Agent to SELLER as agreed liquidated damages and, thereafter, neither PURCHASER nor SELLER shall have any further obligation or liabilities under this Agreement, except for those expressly provided to survive the termination of this Agreement; provided, however, that PURCHASER shall also be responsible for the removal of any liens asserted against the Property by persons claiming by, through or under PURCHASER, but not otherwise. PURCHASER and SELLER acknowledge that if PURCHASER defaults, SELLER will suffer damages in an amount which cannot be ascertained with reasonable certainty on the Effective Date and that the amount of the Deposit being held by Escrow Agent most closely approximates the amount necessary to compensate SELLER. PURCHASER and SELLER agree that this is a bona fide liquidated damages provision and not a penalty or forfeiture provision. 12.2. Seller's Default. In the event that SELLER shall fail to fully and timely perform any of its obligations or covenants hereunder or if any of SELLER'S representations are untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement, PURCHASER may, at its option: (1) declare SELLER in default under this Agreement by notice delivered to SELLER, in which event PURCHASER may terminate this Agreement and demand that the Deposit be returned, including all interest thereon if any, in accordance with Section 3 and neither Party shall have any further rights hereunder, or (2) seek specific performance of this Agreement, without waiving any action for damages. 12.3. Notice of Default. Prior to declaring a default and exercising the remedies described herein, the non-defaulting Party shall issue a notice of default to the defaulting Party describing the event or condition of default in sufficient detail to enable a reasonable person to determine the action necessary to cure the default. The defaulting Party shall have fifteen (15) days from delivery of the notice during which to cure the default, provided, however, that as to a failure to close,the cure period shall only be three (3) business days from the delivery of notice. Both parties agree that if an extension is requested, such extension shall not be unreasonably withheld. If the default has not been cured within the aforesaid period, the non-defaulting Party may exercise the remedies described above. 12.4. Survival. The provisions of this section shall survive the termination of this PURCHASER's Initials: SELLER's Initials: 01375535-1 Purchase and Sale Agreement Page 11 of 15 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: Brian Fitzpatrick If to Purchaser: Thuy Shutt, 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 360 South Rosemary Avenue Suite 1100 West Palm Beach, Florida 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 PURCHASER's Initials: SELLER's Initials: 01375535-1 Purchase and Sale Agreement Page 12 of 15 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 such Pollutants. Environmental laws ("Environmental Laws") shall mean any applicable federal, state, or local laws, statutes, ordinances, rules, regulations or other governmental restrictions. 16.1.1 As a material inducement to PURCHASER entering into this Agreement, SELLER hereby warrants and represents the following, as applicable: (1) That SELLER and occupants of the Property have obtained and are in full compliance with any and all permits regarding the Disposal of Pollutants on the Property or contiguous property owned by SELLER, to the best of SELLER'S knowledge. (2) SELLER is not aware nor does it have any notice of any past, present or future events, conditions, activities or practices which may give rise to any liability or form a basis for any claim,demand,cost or action relating to the Disposal of any Pollutant on the Property. SELLER is not aware nor does it have any notice of any past, present or future events, conditions, activities or practices on contiguous property that is owned by SELLER which may give rise to any liability or form a basis for any claim,demand,cost or action relating to the Disposal of any Pollutant affecting the SELLER'S property. (3) There is no civil, criminal or administrative action, suit, claim, demand, investigation or notice of violation pending or, to the best of that entity's knowledge, threatened against SELLER or the Property relating in any way to the Disposal of Pollutants on the Property, any portion thereof, or on any contiguous property owned by SELLER. 17. PUBLIC RECORDS. PURCHASER is a public agency subject to Chapter 119, Florida Statutes. The SELLER is hereby notified that the PURCHASER is required by law, pursuant to Chapter 119, to maintain and disclose upon request all records deemed public under the statute including this Agreement and some or all of the documents necessary to consummate the transaction set forth herein. To the extent that any litigation should be instituted by SELLER, either directly or as a third party, to prevent or prohibit PURCHASER from disclosing or providing documents involving this Agreement or the transaction set forth in the Agreement pursuant to a public records request submitted under Chapter 119, SELLER agrees that PURCHASER may either: 1) defend the claim up to and including final judgment,or 2)interplead the challenged documents into the court. In either PURCHASER's Initials: SELLER's Initials: 01375535-1 Purchase and Sale Agreement Page 13 of 15 event, SELLER agrees to pay PURCHASER's reasonable attorneys' fees and costs, both trial and appellate. 18. MISCELLANEOUS. 18.1. General. This Agreement, and any amendment hereto, may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by the Parties. This Agreement sets forth the entire agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida, or,should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southern District of Florida. 18.2. Computation of Time. Any reference herein to time periods which are not measured in business days and which are less than six (6) days, shall exclude Saturdays, Sundays and legal holidays in the computation thereof. Any time period provided for in this Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the next full business day. Time is of the essence in the performance of all obligations under this Agreement. Time periods commencing with the Effective Date shall not include the Effective Date in the calculation thereof. 18.3. Waiver. Neither the failure of a party to insist upon a strict performance of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance of any item by a party with knowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights or remedies that a party may have or a waiver of any subsequent breach or default in any of such terms, provisions, covenants, agreements or conditions. This paragraph shall survive termination of this Agreement and the Closing. 18.4. Construction of Agreement. The Parties to this Agreement, through counsel, have participated freely in the negotiation and preparation hereof. Neither this Agreement nor any amendment hereto shall be more strictly construed against any of the Parties. As used in this Agreement, or any amendment hereto, the masculine shall include the feminine, PURCHASER's Initials: SELLER's Initials: 01375535-1 Purchase and Sale Agreement Page 14 of 15 the singular shall include the plural, and the plural shall include the singular, as the context may require. Provisions of this Agreement that expressly provide that they survive the Closing shall not merge into the Deed. 18.5. Severability. If any provision of this Agreement or the application thereof shall,for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.The provisions of this Section shall apply to any amendment of this Agreement. 18.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by PURCHASER and SELLER shall control all printed provisions in conflict therewith. 18.7 Waiver of Jury Trial. As an inducement to PURCHASER agreeing to enter into this Agreement, PURCHASER and SELLER hereby waive trial by jury in any action or proceeding brought by either party against the other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 18.8. Attorneys Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including those at the appellate level, shall be awarded to the prevailing party. 18.9 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the PURCHASER and SELLER has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. 18.10 Recording. This Agreement may not be recorded in the Public Records of Palm Beach County, Florida without the prior approval of both parties. 18.11 Survival. The covenants, warranties, representations, indemnities and undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and recording of the SELLER'S Property Deed and PURCHASER's possession of the Property. 18.12 SELLER Attorneys' Fees and Costs. SELLER acknowledges and agrees that SELLER shall be responsible for its own attorneys' fees and all costs, if any, incurred by SELLER in connection with the transaction contemplated by this Agreement. SIGNATURES ON FOLLOWING PAGE PURCHASER's Initials: SELLER's Initials: 01375535-1 Purchase and Sale Agreement Page 15 of 15 IN WITNESS WHEREOF,the Parties have executed this Agreement as of the Effective date. PURCHASER: SELLER: BOYNTON BEACH COMMUNITY BRIAN J. FITZPATRICK REDEVELOPMENT AGENCY JACQUELINE S. FITZPATRICK Printed Name: Steven B. Grant Printed Name: Brian J. Fitzpatrick Title: Chair Date: Date: W ITN ESS: WITNESS: Printed Name: Printed Name: Date: Date: Printed Name: Jacqueline S. Fitzpatrick Date: WITNESS: Printed Name: Date: PURCHASER's Initials: SELLER's Initials: 01375535-1 APPRAISAL REPORT RESIDENTIAL LAND 409 NORTHEAST 1St STREET 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: Residential Land, 409 Northeast 1st Street(Lots 1 & 2,Block 2), 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 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 EIGHTY-THREE THOUSAND DOLLARS $183,000 I (THIS LETTER MUST REMAINATTACHED TO THE REPORT KITH SEVENTY(70)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 7 1-3-5 Mile Demographics 8 Summary of Important Facts and Conclusions 10 DESCRIPTIONS ANALYSES & CONCLUSIONS 11 Identity of Client and Intended User 12 Intended Use 12 Identification of Real Estate Appraised 12 Ownership 12 Property Address 12 Legal Description 12 Real Estate Tax Analysis 13 Market Area Description 13 Zoning 19 Site Description 20 Real Property Interest Appraised 21 Appraisal Purpose and Definition of Market Value 21 Effective Dates of the Appraisal and Report 22 Scope of the Work 22 Summary of Information Considered 23 Property History 24 Highest and Best Use 24 SALES COMPARISON APPROACH-LAND VALUATION 27 Land Sales es map 28 Land Sales documentation 29 Land Sales Comparison & Adjustment Chart 37 Valuation by the Sales Comparison Approach 38 FINAL VALUE OPINION 41 Certification and Limiting Conditions 43 ADDENDA 45 Acquiring deeds 46 Zoning ordinance excerpts 50 USPAP Standards Rule 2-2a 58 Qualifications of the Appraisers 62 INTRODUCTION r u ! 4 r� SII iii , ; \ { e A 4 Appraised land,looking northwest from NE 1 Street " f�l}t)St t 11 Uil\Mli 3 r Appraised land,looking southwest from NE 1 Street 5 ;:r �� } � ,. �� �o, �u ��,� ,� � U 1 _� ��A)�ii _ �1 as fl xast5� f�SL \ `�� i.��i�ij i�4� t�L�� ) aE��3�� } "�, " ��y�5� �4 �k �'L-i`t�_`� Gti'�P7�r�it` �tn„?i„ ��4� � J ,�S'�'.`_ �4 i� �44i�3 � ���` ��1 �Ss �t--- b��i l. � � y `�� � ._ 4� �3 N S is i'r> ,� i i� � � �? �'�i } } ' <,,,t �+ 't i ��y� � lid z �Sr u� .res; � , ���t � W t � +, ;� � � � i F�] �” ` �;�� ��C W F4 � t � � ��``l;, [� W Z �— � Z t ��� �� � � � � � � � � �_ ��� V�`' � ' � � } 4 _ j s �I ��� � H �� V n ��.-�. �a � W t � � � ,j��i � '"h�r�' ,r. � L � h } y � C/1 I H -- 4'.._ ,.r �y1�� �� � � ,�� � �' � E� O �} r G _ �:F };yfi�ll y i 5� u, Palrn sprlmwis OreepRCT)RML Wkr,Worth �s[td WDrtta a � � k t �ri � �n a �.n�s � E My, � 4 A» I� p` s� Kings Point ftuln � K' I,foenas Daa oh' { 1-3-5 Mile Radii from the Valued Real Property 409 NE 15t Street Boynton Beach, Florida 33435 • Gesn" 409 NE 1st St, Boynton Beach, Florida, 33435 VANCE REAL ESTATE SERVICE Rings: 1, 3, 5 mile radii 1 mile 3 miles 5 miles Population 2000 Population 13,923 68,808 157,560 2010 Population 14,063 77,481 175,825 2021 Population 16,133 86,326 194,277 2026 Population 17,888 92,612 206,015 2000-2010 Annual Rate 0.10% 1.19% 1.10% 2010-2021 Annual Rate 1.23% 0.97% 0.89% 2021-2026 Annual Rate 2.09% 1.42% 1.18% 2021 Male Population 49.1% 47.8% 47.7% 2021 Female Population 50.9% 52.2% 52.3% 2021 Median Age 41.3 45.1 47.6 In the identified area, the current year population is 194,277. In 2010, the Census count in the area was 175,825. The rate of change since 2010 was 0.89% annually.The five-year projection for the population in the area is 206,015 representing a change of 1.18% annually from 2021 to 2026. Currently, the population is 47.7% male and 52.3%female. Median Age The median age in this area is 41.3, compared to U.S. median age of 38.5. Race and!Ethnicity 2021 White Alone 43.4% 59.5% 63.8% 2021 Black Alone 49.2% 31.5% 26.6% 2021 American Indian/Alaska Native Alone 0.3% 0.3% 0.3% 2021 Asian Alone 1.1% 2.0% 2.3% 2021 Pacific Islander Alone 0.0% 0.0% 0.0% 2021 Other Race 3.4% 3.8% 4.1% 2021 Two or More Races 2.6% 2.9% 2.7% 2021 Hispanic Origin (Any Race) 14.9% 18.4% 19.1% Persons of Hispanic origin represent 19.1% of the population in the identified area compared to 18.9% 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 66.9 in the identified area, compared to 65.4 for the U.S. as a whole. Households 2021 Wealth Index 72 88 105 2000 Households 5,217 30,084 69,100 2010 Households 5,318 33,336 75,891 2021 Total Households 6,246 37,148 83,431 2026 Total Households 7,016 39,918 88,437 2000-2010 Annual Rate 0.19% 1.03% 0.94% 2010-2021 Annual Rate 1.44% 0.97% 0.85% 2021-2026 Annual Rate 2.35% 1.45% 1.17% 2021 Average Household Size 2.57 2.29 2.31 The household count in this area has changed from 75,891 in 2010 to 83,431 in the current year, a change of 0.85% annually. The five-year projection of households is 88,437, a change of 1.17% annually from the current year total. Average household size is currently 2.31, compared to 2.29 in the year 2010.The number of families in the current year is 47,828 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 2021 and 2026. Esri converted Census 2000 data into 2010 geography. 3uly 09, 2021 8 • Gesn" 409 NE 1st St, Boynton Beach, Florida, 33435 VANCE REAL ESTATE SERVICE Rings: 1, 3, 5 mile radii 1 mile 3 miles 5 miles Mortgage';Income 2021 Percent of Income for Mortgage 22.6% 19.6% 19.9% Median Household Income 2021 Median Household Income $51,629 $57,737 $60,508 2026 Median Household Income $57,709 $65,079 $69,341 2021-2026 Annual Rate 2.25% 2.42% 2.76% Average Household Income 2021 Average Household Income $74,484 $81,544 $88,172 2026 Average Household Income $85,877 $93,093 $100,973 2021-2026 Annual Rate 2.89% 2.68% 2.75% Per Capita Income 2021 Per Capita Income $29,579 $35,286 $37,869 2026 Per Capita Income $34,476 $40,339 $43,342 2021-2026 Annual Rate 3.11% 2.71% 2.74% Households by Income Current median household income is$60,508 in the area, compared to $64,730 for all U.S. households. Median household income is projected to be $69,341 in five years, compared to $72,932 for all U.S. households Current average household income is$88,172 in this area, compared to $90,054 for all U.S. households. Average household income is projected to be $100,973 in five years, compared to $103,679 for all U.S. households Current per capita income is $37,869 in the area, compared to the U.S. per capita income of$34,136. The per capita income is projected to be $43,342 in five years, compared to $39,378 for all U.S. households Housing 2021 Housing Affordability Index 104 117 114 2000 Total Housing Units 6,284 36,226 82,387 2000 Owner Occupied Housing Units 3,444 21,724 52,417 2000 Renter Occupied Housing Units 1,773 8,361 16,683 2000 Vacant Housing Units 1,067 6,141 13,287 2010 Total Housing Units 7,103 42,553 94,368 2010 Owner Occupied Housing Units 3,219 21,550 53,411 2010 Renter Occupied Housing Units 2,099 11,786 22,480 2010 Vacant Housing Units 1,785 9,217 18,477 2021 Total Housing Units 8,215 46,196 101,415 2021 Owner Occupied Housing Units 3,475 21,919 54,453 2021 Renter Occupied Housing Units 2,772 15,230 28,978 2021 Vacant Housing Units 1,969 9,048 17,984 2026 Total Housing Units 9,063 49,174 106,668 2026 Owner Occupied Housing Units 3,668 23,063 57,092 2026 Renter Occupied Housing Units 3,347 16,855 31,345 2026 Vacant Housing Units 2,047 9,256 18,231 Currently, 53.7% of the 101,415 housing units in the area are owner occupied; 28.6%, renter occupied; and 17.7% are vacant. Currently, in the U.S., 57.3% of the housing units in the area are owner occupied; 31.2% are renter occupied; and 11.5% are vacant. In 2010, there were 94,368 housing units in the area - 56.6% owner occupied, 23.8% renter occupied, and 19.6% vacant. The annual rate of change in housing units since 2010 is 3.25%. Median home value in the area is$287,336, compared to a median home value of$264,021 for the U.S. In five years, median value is projected to change by 2.45% annually to$324,292. 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 2021 and 2026. Esri converted Census 2000 data into 2010 geography. 3uly 09, 2021 9 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS PROPERTY APPRAISED: Vacant land 409 NE I"Street, (Lots 1 & 2, Block 2) Boynton Beach, FL 33435 OWNERSHIP: Brian J Fitzpatrick and Jacqueline S Fitzpatrick P O Box 524 Boynton Beach, FL 33425-0524 LAND AREA: Approximately 16,609 square feet or 0.3813 of an acre. Size is from public records. No sketch of survey is available for review. BUILDING IMPROVEMENTS: No structural improvements on the lot CURRENT ZONING: "R-2", Single and Two-family Residential District in the city of Boynton Beach (10 dwellings/acre) LAND USE: McDR, Medium Density Residential APPRAISAL PURPOSE: To develop an opinion of market value INTEREST APPRAISED: Fee simple CURRENT USE: Vacant HIGHEST AND BEST USE: Two one-family dwellings or two two-family dwellings Potentially, more dwelling units could be placed on the site if the property owner had the necessary changes made to permit that. VALUE BY THE SALES COMPARISON APPROACH: 16,609 square feet x $11.00 per square foot= 183 000 ONE HUNDRED EIGHTY-THREE THOUSAND DOLLARS VALUATION DATE: July 1, 2021 Exposure Time: 9-12 months prior to selling at the appraised value. Marketing Time: 9-12 months immediately following the effective date of appraisal during which time the subject property should sell at the appraised value. 10 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: Brian J and Jacqueline S Fitzpatrick P O Box 524 Boynton Beach, FL 33435-0524 Property Address: 409 NE 1st Street Boynton Beach, FL 33435 Legal Description: Lots 1 & 2, Block 2, SHEPARD-FUNK ADDITION to TOWN OF BOYNTON, FL, Plat Book 2, page 15, Palm Beach County, FL 12 APPRAISAL REPORT (continued) Census Tract No. 61 Real Estate Tax: Parcel Control Numbers: 08 43 45 21 30 002 0011 & 0012 Land Value: $63,000 Improvement Value: -0- Total Value: $63,000 Assessed Value: $31,164 Taxable Value: $31,164 Ad Valorem Tax: $ 809 Non Ad Valorem Tax: $ -0- Total Tax: $ 809 There are no exemptions 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. 13 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. 14 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 2021 in the one-mile radius is $51,629, for three miles it is $57,737, and $60,508 for the five mile circle. 15 APPRAISAL REPORT The median household income for Palm Beach County is $63,300. In the one- mile circle, population is 16,133. In three miles, population increases to 86,326; at five miles, it is 194,277. However, about one-third of the three and five mile circles are over the Atlantic Ocean. Annual growth rate is anticipated to be 1.18% to 2.09% 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. 54% of the housing units are owner occupied, 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 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 $287,336 including the highly priced homes fronting the Atlantic Ocean and Intracoastal Waterway, compared to median home value of $264,021 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. 16 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. 17 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 BB CRA 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 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. 18 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. 19 APPRAISAL REPORT The appraised site has approximately 116 feet of frontage on NE 4 Avenue and approximately 143 feet of frontage on NE 1 Street = 16,609 square feet on the tax roll. 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 appear to meet the standards in the "R-2" district, most probably making it a conforming site. Determination of use and conformity of the site are made by Boynton Beach City officials. It appears that the subject site of two lots could be improved with four dwelling units at this time. Potentially, more dwelling units could be placed on the site if the property owner had the necessary changes made to permit that. Site Description: The shape of the site is rectangular. Dimensions and size are approximate and are from public records. North boundary on NE 4 Avenue: 116 feet East boundary on NE 1 Street: 143 feet South boundary on a service alley: 116 feet West boundary on adjacent property: 143 feet Total: 16,609 square feet or 0.3813 of an acre Utilities: All utilities are available to the site. Access: The site is accessible via NE 1 Street and NE 4 Avenue, two-laned local roads. There are no sidewalks, but there are streetlights. NE 4 Avenue intersects with Seacrest Boulevard one block to the west. 20 APPRAISAL REPORT 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: No structural improvements on the site Environmental Assessment: No assessment was available for review 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). 21 APPRAISAL REPORT Market value appraisals are distinct from appraisals completed for other purposes because market value appraisals are based on a market perspective and on a normal or typical premise. These criteria are illustrated in the following definition of Market Value*, provided here only as an example. Market value means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus.Implicit in this definition are the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions as follows. 1. buyer and seller are tvpically motivated 2. both parties are well informed or well advised and acting in what they consider their own best interests; 3. a reasonable time is allowed for exposure in the open market; 4. payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and S. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. * This example definition is from regulations published by federal regulatory agencies pursuant to Title XI of the Financial Institutions Reform,Recovery, and Enforcement Act(FIRREA)of 1989 between July 5, 1990, and August 24, 1990, by the Federal Reserve System (FRS), National Credit Union Administration(NCUA), Federal Deposit Insurance Corporation (FDIC), the Office of Thrift Supervision (OTS), and the Office of Comptroller of the Currency (OCC). This definition is also referenced in regulations jointly published by the OCC, OTS, FRS, and FDIC on June 7, 1994,and in the Interagency Appraisal and Evaluation Guidelines,dated December,2010. Florida Court Definition: "Market Value is the price that a seller willing, but not compelled to sell, and a buyer willing, but not compelled to buy, would agree to in fair negotiations with knowledge of all the facts." [Source: Fla. Power & LiFht Co., v. denniW—S, 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. 22 APPRAISAL REPORT 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 land 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. 2-2(a)(x)(1) Summarize the appraisal methods and techniques employed; (2) State the reasons for excluding any of the valuation approaches; (3) Summarize the results of analyzing the subject sales, options and listings; (4) State the value opinion and conclusion (5) Summarize the information analyzed and the reasoning that supports the analyses, opinions, and conclusions For Sales Comparison Approach, residentially zoned land sales are compared to each other and to the property under appraisement to develop a final opinion of value. The information analyzed and appraisal method used is detailed in the valuation section of the report. Further, the reasoning that supports the analyses, opinions, and conclusions is explained in the valuation section. The final value conclusion is stated at the end of the Sales Comparison Approach. The Cost Approach is not used because the subject is vacant land. The Income Approach is not employed because vacant lots in the area are not typically leased. Exclusion of these approaches to value still produces a creditable report. 23 APPRAISAL 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 two parts in November, 2002 for $20,000 and in January, 2003 for $5,500, totaling $25,500. Copies of the deeds are in the Addenda. The sales occurred too far in the past to be of any significance in the current valuation. 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 vacant land, 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 surrounding land has been supporting residential structures since the 1920s. The land is level and filled to street grade. Land size is approximately 16,609 square feet and rectangular in shape. All utilities are available to the site. The site is accessible via NE 1 Street and NE 4 Avenue. Physical constraint to develop the site is its size which governs the number of potential improvements which can be placed on it. 24 HIGHEST AND BEST USE OF THE PROPERTY AS VACANT 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 16,609 square feet, having a width of 143 feet on NE 1 Street. It appears that the appraised land meets the standards of the "R-2" district and can most probably be improved with four dwelling units. As previously stated, potentially more dwelling units could be placed on the site if the property owner had the necessary changes made to permit that. The subject land is valued in its as-is condition. 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 $195,000. The four houses are the result of the work of the Boynton Beach CRA and Boynton Beach Faith-Based Community Development Corporation. Numerous individual lots in the HOB were improved with houses and sold. 25 HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Financially feasible use of the appraised site is to improve it with two two- family dwellings. There are examples of two-family residences being constructed in the Heart of Boynton. The size of the subject land exceeds the range for construction of two single-family residences. The most probably buyer for the site is a local developer familiar with the revitalization that is occurring in the subject market area. Time for development is development is now with renewed interest in the neighborhood and support from the Boynton Beach Community Redevelopment Agency and other social agencies. Maximally Productive as Vacant In summary, the Highest and Best Use of the appraised property as vacant is to improve it with two two-family residences. Such uses would be physically possible, most probably legally permissible, financially feasible and maximally productive. 2-2(a) (xiii) Clearly and Conspicuously: State all extraordinary assumptions and hypothetical conditions; and state that their use might have affected the assignment result. There are no extraordinary assumptions or hypothetical conditions in this report. 2-2(a) (xiv) Include a signed certification in accordance with Standards Rule 2-I See signed certification in report. 26 SALES COMPARISON APPROACH LAND VALUATION 16IIA'JE NE - LAND SALE.. LOCATION MAP "6 0 r , .... z,) �i F' �r H� �' )�r NE iETH FL's Nl Im.. .. 14TH AVE NyV' M1� NE1Q4TH AVE I b ... _ . _ ..._.�. S 3dr .. N 13TH AVE � � NE 13TH ALE 3 AVE I : � Wy12THAVE NE 12TH A VE r 7 , ". r7 I2THAVE J 7 — tI N11_11TH FIVE... ! NE PITH AVE N i( ; - _ SALE MANOR DR .: NW 10TH AVE,�� MAPTI N ZITHER KING IR eLVyD 1ArtTI�1 L[t TkiEp Kf�fG A-W a' tai, NE 4TH AVE ( NE:91 AVE S i jl Y NE 8TH AVE NE$TH AVE t{r� NW 7TH CT f z, NE HTH.AVE NW 7TH AVE_ p- �E JV kyr' r D NE 7TH AVEa l NNl STH AVE NE 6TH AVE z .� .: I V, NE STH AVE .. t T" - - �ly 9�E ETrt A+1E:. l' - t NE 5TH A ` -Now",ST'sTAVS t m_ NE 4TH AVE NE4TH AVE �, AVE NE 3RD A VE ( "I JJ (� w 3kL1 �7 a I I, NE SRQ YE' NE 3RD AVE,, AA _ Data use subject to license.. DeLorme.DeLorme Street Atlas USAe 21149. 0 180 360 540 72€7 900 wvvw.delorme.com MN(7.0° ) Data,Zoom 15-0 LAND SALES SALE NO. 1 LEGAL DESCRIPTION Lot 34 of a Subdivision of Lot 3 of Lanehart's Subdivision, Plat Book 10,Page 39,Palm Beach County, Florida Public Records RECORDED O. R. Book 31950, Page 1976, Palm Beach County, Florida Public Records GRANTOR Karen Jackson GRANTEE Touchstone Webb Homes, LLC DATE OF SALE November 13, 2020 LOCATION 121 NE 13 Avenue Boynton Beach, FL ZONING "R-2",Residential/Duplex SALE PRICE $72,000 PROPERTY DESCRIPTION 7,000 square foot vacant lot UNITS OF COMPARISON $10.29 per square foot FOLIO NUMBER 08-43-45-21-21-000-0340 CONDITIONS OF SALE Arm's length cash transaction CONFIRMED Grantee COMMENTS Prior sales of this lot in 3/2020 for $44,000 and 11/2020 for $53,000. Last transaction is a purchase by a house builder. 29 �7 t V ! a i ti r � r r �N 4 1' t £ i � u. til' 6\R' ��1(1t i AERIAL PHOTO OF LAND SALE NO. 1 121 NE 13 Avenue Boynton Beach, Florida 30 LAND SALES SALE NO. 2 LEGAL DESCRIPTION Lot 145, Block "B", BOYNTON HILLS, Plat Book 4, Page 51, less return curve area, Palm Beach County, Florida Public Records RECORDED O. R. Book 32099,Page 704,Palm Beach County, Florida Public Records GRANTOR Palm Beach County, FL GRANTEE Lemma Group LLC DATE OF SALE January 14, 2021 LOCATION 104 NW 5 Avenue Boynton Beach, FL ZONING "R-1", Single family residence SALE PRICE $50,300 PROPERTY DESCRIPTION 5,545 square foot vacant lot UNITS OF COMPARISON $9.07 per square foot FOLIO NUMBER 08-43-45-21-07-002-1450 CONDITIONS OF SALE Cash sale. Tax deed. CONFIRMED Grantee COMMENTS Old house demolished prior to sale. Sold by tax deed to the highest bidder. 31 (t, t � 6f s W's ru }4 3 5 i j� R 1 t �1�1��StSV; }yam rye� M15s c } t srzt r ter,. r NVWV d 73gY 591t;Fv+te,� PDQ';ri111 t _ AERIAL PH TO OF LAND SALE NO. 2 104 NW 5 AVENUE BOYNTON BEACH, FL 32 LAND SALES SALE NO. 3 LEGAL DESCRIPTION Lot 18, Block 1, HAPPY HOME HEIGHTS, Plat Book 11, Page 30,Palm Beach County, FL RECORDED O. R. Book 32263,Page 803,Palm Beach County, FL GRANTOR Gabriel Clements GRANTEE Major Nine LLC DATE OF SALE October 30,2020 LOCATION 415 NE 12 Avenue Boynton Beach, FL ZONING "R-2",Residential/Duplex SALE PRICE $39,900 PROPERTY DESCRIPTION 3,803 square feet UNITS OF COMPARISON $10.49 per square foot FOLIO NUMBER 08-43-45-21-21-001-0180 CONDITIONS OF SALE Arm's length cash transaction CONFIRMED The Ferguson Firm, closing attorney COMMENTS Vacant land sale in the subject market area. Prior transfer of the site in July, 2020 for $13,000 in a non-arm's length transaction. 33 h!G 13tfi1 Ave-- � — 44P 1�Ut Ave �� x 5 c� t: i; sr � tt r n - p E r LAND SALE 3 415 NORTHEAST 12 AVENUE BOYNTON BEACH, FL 34 LAND SALES SALE NO. 4 LEGAL DESCRIPTION Lots 11, 12 & 13, Block 1, E. Roberts Addition to Boynton, Plat Book 1, Page 123, less the south 10 feet for right-of-way, Palm Beach County, FL RECORDED O. R. Book 32527,Page 1040, Palm Beach County, FL GRANTOR Larann Land Investments LLC GRANTEE Boynton Beach Community Redevelopment Agency DATE OF SALE May 20,2021 LOCATION 327, 329 and 335 NE 10 Ave (E Martin Luther King, Jr. Blvd) Boynton Beach, FL ZONING "R-2",Residential/Duplex SALE PRICE $175,000 PROPERTY DESCRIPTION 21,000 square feet UNITS OF COMPARISON $8.33 per square foot FOLIO NUMBER 08-43-45-21-27-001-0110 and 0120 CONDITIONS OF SALE Arm's length cash transaction CONFIRMED Michael Simon for grantee COMMENTS Three vacant lots fronting a main thoroughfare in the Heart of Boynton. This was a negotiated sale between the two parties. 35 S t� s � 7Ain r u Oka r—a iYs )) 1 S l �t ys(s f,. { I' W d U fix' W W r�, a i u -O LL Ln N - W N O W O O W > 0 N + c V)' � a � Q V) Z Z w +�. 3 u O rn O 0 O 0 O N Ln m N + d Ln N O d n Q i {n i/} V). i/} V} J f6 Q Z 0 VH C Q O o Z = ° ° m O O O Q "6 y O `+ �o + Ln ni o ri to O N F V ti O O `p m + Ln O + Y + C C w ✓� w C _ _ T X X X X Z N c cy w N N N N N N OK 7 K N K cL K cL K cL (h N D hO C in W N O O m LL in m o o Ln � o Q m N J Q 2 N N W W O O O O O Z J \ \ \ N O ti ti O In O 1-1 n ti Ln O ti I W LL Q a w t0 0mO O 0 O O m rn 0 m VOW W3 I pOm0V ^ Z a r` in V). m ti ✓� > N Q � 3 5a G 3 LL 3 LL 3 LL � .O y LL y t y t y t O LL i t al J Q d Q Gl Q W W V W ++ W W Q Q c q cm-I m N V1 m M cN-I m Z W ml i i m J J Vf C C C Ln m W C Q Z +0 Z +OLu+ Z +�+ m c to Z +�+ Ln co 0 Z m ca ca ca O ca CO g m SALES COMPARISON APPROACH LAND VALUATION Of the several methods to develop an opinion of land value, the one considered to be the most reliable is the Sales Comparison Approach. In this method, sales of other similar vacant parcels are compared to the site concerned; then adjusted for differences to arrive at land value. For the opinion to be supportable,there must be an adequate number of sales of similar properties for comparison to the subject. The steps of sales comparison in Land Valuation are: 1) Locate and collect information of recent sales of sites most similar to the land being appraised. 2) Verify the sales information with parties to the transactions, including details of financing and any special considerations or non-typical market features. 3) Select relevant units of comparison and develop a comparative analysis for each unit. 4) Compare and adjust the sales to the subject using the significant, market-derived units of comparison. 5) Reconcile all value indications from the comparisons into a single value opinion by this approach. The appraised land contains 16,609 square feet in two platted lots. Zoning is "R-2", one and two family-residential district. Land Use is medium density residential. Current highest and best use of the land is to improve it with two two-family residences. Potential highest and best use would be to assemble the appraised land with the lot to the south, then the property owner would go through the process of changing the zoning and land use to permit greater density on the larger site. That is a multi-step process requiring time and costs on the part of the property owner. In this appraisal, the land is valued in its as-is condition of"R-2"zoning. A search was made to find recent sales of sites similar to the subject in the Heart of Boynton district and in similar areas. There have been few in the recent past. The four land sales in this report are most representative of market value for the land being appraised. Details of the transactions are on the sale sheets and chart. The unit of comparison relevant to this valuation is Sale Price per Square Foot of Land. The range of unit prices is from $8.33 per square foot to $10.49 per square foot of land,before adjustments. ELEMENTS OF COMPARISON Elements of comparison are the characteristics of transactions and properties that cause variation in prices paid for real estate. The Appraisal of Real Estate continues by stating that there are basic elements of comparison that may be considered in sales comparison analysis for land valuation. The first group is termed transactional elements being: real property rights conveyed, financing terms, conditions of sale and market conditions. This second group of property elements consists of location,physical characteristics and use. Each element is hereafter addressed. (Continued) 38 LAND VALUATION (Continued) 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 market rent, or below or above market rent. In the case of land,there could be a land lease on the site that would create a leased fee interest. The lease amount would require examination to see if the tenant (the leasehold interest) had a value greater than zero. If it is, then the submarket rental rate would give some of the property value to the tenant. The real property right conveyed in the land sales was fee simple interest, the same interest valued for the land in question. 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. All of the land sales were in cash, which is the most common form of payment for vacant lots in the subject area. No adjustments are 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. None of the land sales are transactions by lenders after foreclosures of prior mortgages on the properties. Land Sale 2 was sold by a tax deed; however, the buyer was the highest bidder for the property. The unit price of Sale 2 is in-line with unit prices for more prominent lots in the subject market area. The grantor of Land Sale 4 was an active participant in the local real estate market, selling the land to the Boynton Beach Community Redevelopment Agency in a negotiated transaction. No adjustments to the transactions are necessary for conditions of sale. (Continued) 39 LAND VALUATION (Continued) 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. Two of the land sales closed in late 2020; the other two in 2021. No. 1 sold three times in rapid succession with significant increases in price. There is an upward trend in real estate prices due in large part to scarcity of vacant parcels; however, the amount of the increases for No. 1 exceeds the norm of the trend. Typically,the upward trend is at least at the annual inflation rate of 4%per year. Therefore, each of the land sales is adjusted upward 4% annually for market conditions to the effective date of appraisal. The amounts of the adjustments are shown on the chart. Adjustments for transactional elements of comparison were considered; now, the land sales are likened to the subject and to each other for property elements of comparison. 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, traffic count, 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 locational 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. Locations of the appraised parcel and the land sales are in the subject market area of the Heart of Boynton CRA district. Redevelopment is occurring because old improvements have reached the end of their useful lives and are razed to make way for new residential and commercial projects, most with the financial support or incentives from governmental and social agencies. Land Sale 1 is east of Seacrest Boulevard like the land concerned. Its north border is along the path next to the Boynton Beach Canal (C-16). Land Sale 2 fronts Seacrest Boulevard on its east side. Land Sale 3 is close to Railroad Avenue. No. 4 fronts East Martin Luther King, Jr. Boulevard, the prominent thoroughfare in the Heart of Boynton and location of the new Wells Landing mixed-use project,yet it has the lowest unit price in the data set. (Continued) 40 LAND VALUATION (Continued) The appraised land is across NE 4 Avenue from the new project to be constructed on the "Cottage District" land, with plans still in progress. Further, the subject has a corner location, with good visibility and access. The locational characteristics of the land concerned put its unit value at the top of the unit price range. 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 land size, shape, frontage, topography, view, access, functional utility, et cetera. Adjustments for physical characteristics are best derived from the market by paired sales comparison. 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 site appraised are presented in the report for analysis and comparison to the subject. The less the number of physical differences,the better. The appraised land consists of two lots. No. 4 is larger with three lots; the other three sales contain one lot. In the "R-2" district, larger sites have greater functional utility and potential to be improved with more dwelling units. Therefore, the larger size of the appraised tract would place its unit value in the upper end of the range of the adjusted sale unit prices. Use For sites to be comparable,they should have similar uses. As mentioned, currently, highest and best use for the land in question is two two-family residences. Sale No. 4 could also be improved with two-family dwellings. The other land sales would be improved with as many units are permitted on the sites. No adjustments is made for this element of comparison. FINAL VALUE OPINION Following is a summary of the square foot unit sale prices for the land sales: Land Sale Sale Price per Square Foot 1 $10.59 2 $ 9.25 3 $10.84 4 $ 8.42 (Continued) 41 LAND VALUATION (Continued) The locational and physical characteristics of the land appraised put its unit value at the top of the range of the adjusted sale unit prices. Rounding up to the next dollar,the unit value of the subject is $11.00 per square foot of land. The quantity of the comparable data is sufficient to have an overview of the market for lots in the Heart of Boynton. The quality of the data is good in that it provides a sound basis to develop an opinion of value for the land under appraisement. Based on the analysis and conclusions presented within the report, it is our opinion that the Market Value of the Fee Simple Estate of the Subject Property as of July 1, 2021is: $11.00/sq.ft. x 16,609 square feet= (rounded to) 183 000 ONE HUNDRED EIGHTY-THREE THOUSAND DOLLARS 42 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 May 29, 2021. Jesse B. Vance, Jr. and Claudia Vance are responsible for the analyses, conclusions and opinions concerning real estate set forth in this report. No one else has provided significant professional service to the persons signing this report. The Appraisal Institute and the American Society of Appraisers each conduct programs of continuing education for their designated members. As of the date of this report, Jesse B. Vance, Jr. and Claudia Vance have completed the requirements of the continuing education program of the Appraisal Institute. Continuing educational requirements are also completed for the American Society of Appraisers and the State of Florida. July 1, 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 43 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. I. The undersigned have personally inspected 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,unless excepted. 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. Where divisions are made between land, improvements, etc.,the values estimated for each apply only under the cited use or uses. 9. The value applies 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 - unless spe- cifically stated. 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. 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 are responsible for the analyses,conclusions,and opinions of real estate set forth in this report. No one else provided significant professional assistance to the signers of this report. 16. Prospective value is based on current conditions and trends. The appraisers cannot be held responsible for unforeseeable events which might alter market conditions upon which market value opinion has been developed. 17. The appraisers certify that they have the knowledge and experience required to perform this appraisal assignment. 18. The appraisers reserve the right to amend or change this report at any time additional market information is obtained which would significantly affect the value. Jesse B.Vance,Jr.,MAI, SRA,ASA State-Certified General Real Estate Appraiser No.RZ 85 July 1,2021 &�a4�0�01X_M_ Claudia Vance,MAI State-Certified General Real Estate Appraiser No.RZ 173 July 1,2021 44 ADDENDA Page 1 1~ecrow No:75243 This Instrument Prepared by Zahera Sadik 01/29/2003 15:00:52 20030052489 Flagler Title Company OR BK 14729 PG 1761 1897Pahn Beach Ialees Blvd.,Suite 125 palm Beach County, Florida rest Palm Beach,Florida 33409 RMT 5,500.00 Return to Grantee Doc Stamp 38.50 P.O.Box 524, Boynton Beach, FI,33425, Property Appraisers Pa1 LD. olio)Number(s): 08-43-45-21-3 WARRANTY DEED Ais Warranty de the 28th day of January, 2003,by Prime Property of the Palm Beaches,Inc.,a corporation existing u rlaws of Florida,and having its place of business at 5361 Cedar Lake Road Apt. 1314,Boynton Beach, 37 hereinafter called the grantor, to Brian Fitzpatrick, whose o ce address is:P.O. Box 524,Boynton Beach,FL 33425 hereinafter called the grants' WITNESSETH: That sai�t or and in consideration of the sure of$10.00 Dollars and other valuable 9 f considerations, receipt whereof ¢ y acknowledged hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms..to the gra that certain land situate in Palm Beach County,Florida, viz.- The iz:The South 33.90 feet of Lot(s) 1 an 2, SHEPARD-FUNK ADDITION TO THE TOWN OF BOYNTON, FLORIDA, according to the Plat thereof a in the office of the Clerk of the Circuit Court in and for Palm Beach County Florida,recorded in Plat Book 2,PageSaid lands situate,lying and being in Palm Beach County Florida. S'UBJE'CT TO restrictions, reservations, a ents and covenants of record, if any, to the extent that some are valid and enforceable. TOGETHER WITH all the tenements, h di ments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee si r. O AND THE GRANTOR hereby covenants with said t t the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authori convey said land; that the grantor hereby fully warrants the title to said land and will defend the same agast!�91 awful claims of all persons whomsoever;and that saidland is free of all encumbrancee,except taxes accruing s t to December 31,2002, (Wherever used herein the terms "grantor" and "grantee" inelud a e parties to this instrument, and the heirs, legal representatives and assigns of individuals,and the auceassors and ass rg (ion.) IN WITNESS~ WHEREOF, the Grantor has caused resents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereun dal authorized, the day and year first above written. 7" Signed,sealed and delivered in our presence: — Prime Property o Beaches,Inc. Witness Signat Printed Name: ahera Sadih BYIL-- �a Witness Signature: / __ t Z.& Kevin Ballard,President Printed Name: Angela Duke 46 BOOK 14729 PAGE 1762 Dorothy H. Wilken, Clerk Page 2 Escrow No:75243 WARRANTYDEED, Continued STATE OF Florida COUNTY OF Palm Beach L foreg41jas as acknowledged before me this 2e day of January, 2003,by Kevin Ballard,President rime hn Beaches,lnc.,on behalfof said corporation. He is personally known to me or who has uced identification. My Comm . O Zahem Sadriz J'' Notary Public �lel'B$aM (seal) :' '" e'=:CommissionWDD169603 -•�''! ;*5 Expiress:�c�093,,2006 'M`oJ 3U!Puog opueRy „, "�"' Adaptic Bonding Co.,Ino. MU PcPuoB 9002`£O aatl:sandxg ; c= E0969[QQaoiss[oimo ® TPS 1312gBZ Db �O '�n�qa 47 Page 1 Escrow No: 74146 11/14/2002 14:00:20 20020600579 OR BN 14392 P6 0523 7liis Instrument Pneparvd by Timothy W.Oliver Palm £leach County, Florida An cm,000.00 FlaglarTitle Company Doc Stamp 140 00 1897 Palm Bach Lahas Blvd.,Suit.125 Wast Palm Bach,Florida 3340g Rau.to Grantee P.O.Box 524 Boynton Beach,Florida Properly Apprai a area'I.D. (Folio)Numb r(s): 08-43-45-21-3 11 WARRANTY DEED ( tis Warren eec�Made the II th day of November,2002,by Luis T. Valle,a man and Carmen G. Gonz single woman, hereinafter called the grantor, whose post office address is: 233 NE 6th Ave, ton Beach,Florida 33435 to Brian Fitzpatricak a man whose post office address;s: P.O.Box 524,Boynton Beach,Florida, 33425 hereinafter ca// ntoo, WITNESSETH: That sai r,for and in consideration of the sum of, 10.00 Dollars and other valuable considerations, receipt whareo by acknowledged hereby grants, bargains, sells, aliens, romises, releases, conveys and conf;rmo unto the g i ,all that certain land situate in Palm Beach County,Florida, viz: Lots) I and 2, Bloch 2, LESS tth 33.90 feat thereof, SHEPARD-FUNK ADDITION TO THE TOWN OF BOYNTON BEACH, actor V to the Plat thereof on file in the office of the Clerk of the Circuit Court in and far Palm Beach County,'�f�]��',recorded in Plat Boole 2,Page 15. Said lands situate, lying and being in Palm Beach County,Florida. The aboua dam 'bad ro rty is no tea hom p of the ntor )as 'r astaad property is: Luis T. Valle: Carman G. SUBJECT TO restrictions, reservations, ease covenants of record, if any, to the extent that same are valid and enforceable. 0 TOGETHER with all the tenements, hareditame urtanances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple fo> AND THE GRANTOR hereby covenants with said gran a grantor is/awfully seized of said land in fee simple; that the grantor has good right and lawful author; to sell and convoy said land; that the grantor hereby fully warrants the title to said land and will dafiand the a inst the lawful claims of all persons whomsoever;and that said land is free of all encumbrances, excep �ccruing subsequent to December 31, 2001. (Aa terms "grantor"and"grontao"heroin shall be construed to include a LJ d singular or plural as the eonlmd indicates.) IN WITNESS WHEREOF, Grantor has hereunto set ntor s aann and seal the da and year rat ttra y y ft rat written. Signed sealed and delivered in our presence: Witness Signatu 7– Printed ma- O/ Luis T. Valla W;Maes Signature: ( (I J.—1, Pr;ntad Nam.: fiL / , Carman G.Gonzales 48 BOOK 14392 PAGE 0524 Dorothy H. Nilken, Clerk Page 2 Escrow No: 74146 WARRANTYDEED, Continuod STATE OP Florida COUNTY OP Palm Beach The forego*,mnameman was acknowledged before me this C( day of 20� by Luis T. Valle,aand Carmen G. Gonzales, a single woman who is/are personally known to me or who has driver licenses)as identification. My Comm O Timo i� liver �� No lic OolurioTa►rsEu Q1P V PaaUTHT W OUVER 1 casulssloH HUASER a Mews ° EXPIRES �F o f Flop u ISSOH.23 2003 �D �n�q� 49 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 m � kn I I LL 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 M N 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 to 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 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; 58 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. 59 475.611 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. 60 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. 61 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. 62 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) 63 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) 64 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) 65 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 66 I of Vance Beal Estate Service 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 67 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) 69 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 70 Meeting Minutes CRA Advisory Board July 1, 2021 Boynton Beach, Florida Ms. Shutt explained that the CRA does not want to inflate the value of the land, but there was new development two (2) to three (3) lots away and this parcel could be critical. Ms. Kelley asserted that with the MLK project not even started and the lack of available housing, she would recommend pursuing it at a later date. Ms. Shutt pointed out the MLK project would be starting in the next month or so and would be a mixed-used project completed as quickly as possible due to low-income tax credit deadlines. Ms. Cobb stated the community wants to see their area looks better. She added that this corridor was once a thriving community and there was a need for the corridor to take on life again. Ms. Grcevic asked if the mixed-used project would be rental units or sale units. Ms. Shutt responded that there would be 124 multifamily rental apartments. She noted that the CRA works with property owners to be as flexible as possible. Ms. Grcevic asked if there were projects coming up that offered home ownership. She stated that many want to come back to the area but cannot. Ms. Shutt discussed the Cottage District. She stated that the CRA is in negotiations with a developer for fee simple Workforce Housing. She explained they try to keep equal numbers of housing rentals and sales. Motion was made by Ms. Cobb, seconded by Mr. Josemond, to place the property at 220-224 East Martin Luther King Jr. Blvd. in the category "pursue now as a land banking opportunity". In a voice vote, the motion passed (5-2, with Vice Chair Cruz and Ms. Kelley opposed). • 409 N E 1St AVE o Located directly south of the Cottage District project o Zoned R-2 o Own property adjacent, not critical for assemblage 0 0.38 acres, potentially 10 units per acre o Asking price $586,657 Board Comments: Vice Chair Cruz asked the plan for 407 NE 1St Avenue. 3 Meeting Minutes CRA Advisory Board July 1, 2021 Boynton Beach, Florida Ms. Shutt responded the CRA board had authorized the purchase, and the plan was to demolish the structures. Vice Chair Cruz stated she sees opportunity for this property, and the fact that the CRA has the Cottage District project and the property at 407 NE 1 st Avenue. She noted that it made her feel good about potential business for the residents in the area. Ms. Shutt pointed out the property would be residential only, and anything else would have to be Conditional Use approved by the City. Ms. Skovron stated she was not sure this property fit the CRA criteria. Ms. Kelley asserted it was a lot of money for a house or two (2). She suggested tabling the issue until the market changed. Chair Gordon discussed public/private partnerships to make an area more appealing. Ms. Kelley suggested the property could maybe be part of the Cottage District project in the future, and the developer could look at it later. She stated for now, it should not be actively pursued as a purchase. Mr. Josemond stated he did not like the purchase. Motion was made by Vice Chair Cruz, seconded by Ms. Cobb, to place the property at 409 NE 1St Ave. in the category "pursue at a future time to be determined by the CRA Board." In a voice vote, the motion passed (5-2, with Mr. Josemond and Ms. Skovron opposed). • 1017 NORTH FEDERAL HIGHWAY o Anticipated for retail/commercial o Adjacent to CRA office space and Haitian radio station project o 0.21 acres o Listing price $685,000 Board Comments: Ms. Kelley asked if the lot could be used as a grocery store. Ms. Shutt responded that use would fit the zoning. Ms. Grcevic asked what square footage could be built on the property. 4 i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARD ITEM A.1. NEWASSIGNMENTS SUBJECT: Review of Commercial Properties within the CRA Area SUMMARY: At their July 14, 2020 meeting, the CRA Board assigned the CRAAB with the task of identifying available properties located within key commercial and light industrial areas of the CRA. CRA staff will provide the CRAAB with a list of properties found on Costar/LoopNet and the Multiple Listing Service that are being marketed as "for sale" 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 Pursue Now as a pursue at a Future Does not Fit the Property Address Land Banking Date CRA M ission Opportunity 220-224 E. MLK Jr. Blvd 409 NE 1st Avenue 1017 N. Federal Highway 1022 N. Federal Highway FISCAL IMPACT: To be determined. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRAAB RECOMMENDATION: To be determined. ATTACHMENTS: Description D Attachment I -220-224 E. MLK Jr. Boulevard PAPAInfo D Attachment II -409 NE 1st Avenue PAPA Info D Attachment III - 1017 & 1022 N. 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(s, S, - i , 1 � � ll n, 6/21/2021 PAPA-Property Detail ADJUST FONT SIZE: + — RESET Website SearchDOROTHYJACKS Q c CFA, AAS v Palmhit uglyProperty Appraiser 'k ) X W V V e 91 © IM Tube 2 @ 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 q Show Full Map --------------------------- Location Address 409 NE 1 ST ST Municipality BOYNTON BEACH Parcel Control Number 08-43-45-21-30-002-0012 , Subdivision SHEPARD FUNK ADD TO TOWN OF BOYNTON IN Official Records Book/Page 28606/632 Sale Date SEP-2016 SHEPARD FUNK ADD S Legal Description 33.90 FT OF LTS 1 &2 BLK 2 Nearby Sales Search tit 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/ 01819QUIT 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 0 CONTACT US10 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 SearchDOROTHYJACKS Q c CFA, AAS v Palmhit uglyProperty Appraiser 'k ) X W V V e 91 © IM Tube 2 @ 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 Z , I all { Location Address NE 1ST ST Municipality BOYNTON BEACH 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 ,<<, t SHEPARD FUNK ADD N Legal Description 109.10 FT OF LTS 1 &2 BLK 2 �.............................................................................................................. i Nearby Sales Search F 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 0 CONTACT US10 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. 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P3 D O v A A—i XI X. r r v 3 Kl U S s z ti V II n z N 3 y o 01 00 n >o mz Do A �'N =i m� m� e A 4 C� ti 7. w I to 4r1 771,N o W W I DUNAY Gary Dunay Dwayne Dickerson Lauren G.Odom M I S K E L Bonnie Miskel Ele Zachariades Nicole Jaeger Scott Backman Matthew H.Scott Rachael Bond Palmer BACKMANoffman HoErip Calhoun Matthew Kwasman LLP Hope Calhoun Christina Bilenki November 9,2021 By Email Boynton Beach Community Redevelopment Agency Attention:Thuy Shutt,Executive Director and Kathryn Rossmell, Esq. Re:Letter from Kathryn Rossmell, Esq.to Bonnie Miskel,Esq.dated October 29,2021 Dear Thuy and Kathryn: On behalf of the landowner ("Landowner") of 114/222 North Federal Highway ("Site"), Ocean One Boynton, LLC, thank you for your letter outlining the options relating to the status of the construction of the public plaza,pursuant to the Purchase and Development Agreement("Agreement")dated January 16,2018. The Landowner is choosing option 1 and will pay $20,000 within five (5) business days from the date of this letter for an extension to commence construction of the public plaza from the original expiration date, creating a new deadline of March 9, 2023. This letter will serve to establish that extension of the deadline upon receipt of the $20,000. This letter will also confirm that if both current and/or future Landowner of the Site pull a permit by March 9,2023, for either a)a new site plan for the entire 3.48 acre Site or b)the site plan consisting of 231 units approved on April 4, 2017, or c) commence construction of the public plaza by March 9, 2023, the Boynton Beach Community Redevelopment Agency ("CRA") will deem the construction requirements of the previous paragraph satisfied and release any and all restrictions on the deed as referenced in the Agreement. Please note this letter shall be binding on and benefit current owner and future owner. Thank you for your consideration. Sincerely, Bonnie Miskel, Esq. BM/rmm Countersigned: Boynton Beach Community Redevelopment Agency By Thuy Shutt,Executive Director 14 S.E.4th Street,Suite 36,Boca Raton,FL 33432 Tel:(5611405-3300 Fax:(561)409-2341 www.dmbblaw.com cc: Chair,Steven B.Grant Vice Chair,Woodrow Hay Board Member,Justin Katz Board Member,Ty Penserga Board Member,Christina Romelus Tara Duhy, Esq. Mr. Davis Camalier Mr. Michael Ross 14 S.E.4th Street,Suite 36,Boca Raton,FL 33432 Tel:(561)405-3300 ; Fax:(561)409-2341 i www.dmbblaw.com From: Ken Dodge <kdodge@Ilw-law.com> Sent: Monday, November 8, 2021 10:42 AM To: Shutt, Thuy; Utterback, Theresa Subject: Oyer property - Bills Attachments: Gas.pdf; Apt 4.pdf; 517 hall.pdf; 511 OL.pdf; 515 electric.pdf; 515 water.pdf; Cleaning.pdf; 533 office.pdf; 533 House.pdf; 533 water.pdf Good morning—please see below and attached for Oyer property expenses by rental. Thank you. Kenneth W. Dodge I Executive Shareholder Board Certified Real Estate Law 360 South Rosemary Avenue, Suite 1100 I West Palm Beach, Florida 33401 kdodge(a�llw-law.com I 561.640.0820 vCard I Website I Bio I join us online L Lw LEWIS LEWIS ONGMAN WALKER The information contained in this transmission may be legally privileged and confidential.It is intended only for the use of the recipient(s)named above. If the reader of this message is not the intended recipient,you are hereby notified that you received this communication in error,and that any dissemination,distribution,or copying of this communication is strictly prohibited. If you have received this communication in error,please notify the sender immediately by reply email and delete the message and all copies of it. From:Christian Macoviak<cmacoviak@oyerinsurance.com> Sent: Friday, November 5, 2021 7:40 PM To: Ken Dodge <kdodge@IIw-law.com> Subject: Bills External Email 511-513 E Ocean Ave:Agency/apartments 1. Pest—Quarterly—Massey-$345.00. I know that Hulett came out for inspection and I am sure that they all charge about the same amount. 2. They agency pays for it's own quarterly pest control so 500 Ocean does not pay for that. 3. Gas- Monthly—Florida Public Utilities (attached). Approximately$24.00. This is for the apartments. They have gas only for the stoves,everything else is electric. I had a plumber cap of the gas to apartment 1 and 4 when they moved out. I will have gas caped in apartment 2 when she moves out. The gas is only for the apartments so when the other two leave, you can have Florida Public Utilities turn it off. If you want to cap either one of the apartments when some one leaves,that is done by a plumber that deals with gas. Charlie Swain Plumbing is who we have used in the past. (561) 202-6110 and they are located in Lake Worth 4. Electric—Monthly-tenants (apartments& agency) are responsible for their own electric. I did put the electric for apartment 4 under 500 Ocean (attached) but turned off electric in apartment 1 but you can have it turned on. There are two electric bills that 500 Ocean does pay for that building and that is 511 OL(attached) and this is the pole light behind the building which is $24.98 and there is 517%2 hall (attached)which is the hallway light for the apartments which is$18.71. 1 5. Water—We have never gotten a bill for 511-513 and I always assumed that the water was tagged into 515 E Ocean which includes the trash and recycling. 6. Security—We have cameras in the front and back of 511-513 but we had planned on cancelling that unless you want to continue. 7. Insurance and property taxes—I don't think you need this information since I am sure Plastridge has already provided you with quotes and PAPA has all of our tax bills. 515 E Ocean Ave: Old Fashion Shoppe 1. Electric—There are 7 total accounts but I do a consolidated billing (attached) and monthly it is$97.58. 2. Water—This is the big bill because it includes the water,trash and recycling(attached) $965 and will go up and down a little during the year. 527-533 E Ocean Ave: Hurricane Alley and offices: 1. Cleaning—We use a cleaning company called Via Cleaning. They come twice a week, bring their own cleaning supplies and charge$315.00 monthly. (attached) I have used them for almost 2 years I think and have never received one complaint from the tenants and the place is always clean. 2. Pest—Quarterly—Massey- $283.00.This is for the office space only, Kim is responsible for her own pest control. 3. Pest—Termite-we have an annual termite contract which we pay$508.00. 4. There is no gas in this building except to Kim's and she pays for the bill. 5. Electric—Two bills for the upstairs (attached) and these move up and down. Since the building is older, it's temperature changes. During the winter the rates go down a good amount and then during the summer,the ac's have to work more and thus cost goes up. 6. Water—So honestly, I am not sure what all it includes. I know it is the upstairs offices but believe that it does include a sink in Kim's place. Does not make sense but I have always just paid it because most of it is upstairs. (Attached) I pay rental taxes on commercial rents only to the state. This is for agency, H Alley, Fl Tech and Kala. I pay online monthly and it is a little under$900. I am sure you know the site to pay but happy to go over with you. So I think that is it. Once you look over information and the attached bills, please let me know if you have any questions. 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 I 2