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Agenda 04-12-22 BOYNTON cA =BEACH COMMUNITY REDEVELOPMENT AGENCY Community Redevelopment Agency Board Meeting Tuesday,April 12, 2022 -5:30 PM GoToWebinar Online Meeting and City Hall Chambers, 100 E. Ocean Avenue 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 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. Boynton Beach CRA FY 2020-2021 Financial &Annual Report B. Rock the Plaza at One Boynton on April 23, 2022 from 5:00 p.m. to 8:00 p.m. 9. Public Comments 10. CRA Advisory Board A. Pending Assignments 1. Review of Commercial Properties within the CRA Area 2. Consideration of Using the CRA Owned Property Located at 401 E. Boynton Beach Boulevard as a Welcome Center B. Reports on Pending Assignments 11. Consent Agenda A. CRA Financial Report Period Ending March 31, 2022 B. Approval of CRA Board Meeting Minutes - March 9, 2022 C. Approval of Commercial Property Improvement Grant Program in the Amount of$25,000 for Service First Processing, Inc. located at 420 W. Boynton Beach Boulevard D. Approval of Commercial Rent Reimbursement Grant Program in the Amount of$15,000 to Service First Processing, Inc. located at 420 W. Boynton Beach Boulevard E. Approval of Extension Request for the Commercial Property Improvement Grant Program for Advantage Physical Therapy LLC d/b/a Apex Network Physical Therapy#39 located at 906 S. Federal Highway, Suite 12. Pulled Consent Agenda Items 13. CRA Projects in Progress A. Neighborhood Officer Program 1st Quarter Report for FY 2021-2022 B. CRA Economic& Business Development Grant Program Update C. 6th Annual Boynton Beach Blarney Bash Recap D. Rock the Plaza at Ocean Plaza Recap E. Social Media & Print Marketing Update F. Social Media Outreach Program 2nd Quarterly Report (January- March 2022) G. MLK Jr. Boulevard Corridor Commercial Redevelopment and Affordable Multi-Family Rental Apartment Project (dba Heart of Boynton Village Apartments) Update 14. Old Business A. Discussion and Consideration of a Third Amendment to the Purchase and Development Agreement between the CRA and South Florida Marine Located at 711 N. Federal Highway B. Discussion and Consideration of a Second Lease Extension Request for Mr. Freddie Brinley Located at 517 1/2 East Ocean Avenue,Apartment#5 C. Discussion and Consideration of Letters of Intent for the Cottage District (TABLED Infill Housing Redevelopment Project 12/14121) D. Approval of the Third Amendment to the Purchase and Development REVISED Agreement and First Amendment of the Interlocal Agreement between the CRA and City for the Ocean Breeze East Project E. Consideration of Approval of 500 Ocean Performance Audit for Year Ending December 31, 2021, for Compliance with the Direct Incentive Funding Agreement F. Update of Negotiations between the CRA and Affiliated Development, LLC (TABLED for the 115 N. Federal Hwy Infill Mixed Use Redevelopment Project 03/09/22) 15. New Business A. Discussion and Consideration as to the Policy Status for the Terms of the Homebuyer Assistance Program Grant Agreements B. Consideration of a Waiver of the Right of First Refusal for the Property Located at 508 NW 12th Street, Boynton Beach, FL C. Consideration of Fiscal Year 2021-2022 Budget Amendment for Unreserved Fund Balance D. Discussion and Consideration of CRA Workshops E. Consideration of a Temporary Policy for Vacation and Sick Leave Pay-Out 16. Future Agenda Items A. Discussion and Consideration of a Purchase Agreement from Habitat for Humanity of South Palm Beach County for the Boynton Beach CRA-owned Properties located at 402 and 404 NW 12th Avenue B. Discussion and Consideration of Purchase Agreement of Cherry Hill Mart C. Consideration of the Revised CRA Human Resource Policies and Procedures Manual D. Discussion and Consideration of Request from the USPS to Remain at the CRA-owned Property Located at 217 N. Seacrest Boulevard Post-Closing E. Discussion and Consideration of the CRA-owned Property located at 401- 407 E. Boynton Beach Boulevard F. Presentation by Palm Beach County Housing Authority Properties within the CRA District 17. Adjournment NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HEJSHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HEJSHE 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. NOTICE OF BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (BBCRA) MONTHLY BOARD MEETING DATES FOR 2022 Please be advised that the Boynton Beach Community Redevelopment Agency (BBCRA) will hold its monthly Board Meetings in Chambers at City Hall, 100 E. Ocean Avenue, Boynton Beach, FL 33435. The CRA Board meets on the second Tuesday of every month at 5:30 pm unless otherwise stated below: 2022 Meeting Dates: Monday, January 10 February 8 Wednesday, March 9 April 12 May 10 June 14 July 12 August 9 September 13 October 11 Wednesday, November 9 December 13 The BBCRA encourages interested parties to attend public meetings. Attendance by use of communication media technology is available. Please visit the BBCRA's website at www.boyntonbeachcra.com for detailed instructions on how to access the public meetings via the GoToWebinar platform. Thuy Shutt, Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4th Floor Boynton Beach, FL 33435 561-737-3256 BOYNTO 4L Community Redevelopment Agency Board Meeting Tuesday,April 12, 2022 -5:30 PM GoToWebinar Online Meeting and City Hall Chambers, 100 E. Ocean Avenue 561-737-3256 AGENDA 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Roll Call 5. Agenda Approval A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda 6. Legal 7. Informational Items and Disclosures by Board Members and CRA Staff: A. Disclosure of Conflicts, Contacts, and Relationships for Items Presented to the CRA Board on Agenda 8. Announcements and Awards A. Boynton Beach CRA FY 2020-2021 Financial &Annual Report B. Rock the Plaza at One Boynton on April 23, 2022 from 5:00 p.m. to 8:00 p.m. 9. Information Only A. Public Comment Log B. Public Relations Articles Associated with the CRA 10. Public Comments 11. CRAAdvisory Board A. Pending Assignments 1. Review of Commercial Properties within the CRAArea 2. Consideration of Using the CRA Owned Property Located at 401 E. Boynton Beach Boulevard as a Welcome Center B. Reports on Pending Assignments 12. Consent Agenda A. CRA Financial Report Period Ending March 31, 2022 B. Approval of CRA Board Meeting Minutes- March 9, 2022 C. Approval of Commercial Property Improvement Grant Program in the Amount of$25,000 for Service First Processing, Inc. located at 420 W. Boynton Beach Boulevard D. Approval of Commercial Rent Reimbursement Grant Program in the Amount of$15,000 to Service First Processing, Inc. located at 420 W. Boynton Beach Boulevard E. Approval of Extension Request for the Commercial Property Improvement Grant Program for Advantage Physical Therapy LLC d/b/a Apex Network Physical Therapy#39 located at 906 S. Federal Highway, Suite 13. Pulled Consent Agenda Items 14. CRA Projects in Progress A. Neighborhood Officer Program 1 st Quarter Report for FY 2021-2022 B. CRA Economic& Business Development Grant Program Update C. 6th Annual Boynton Beach Blarney Bash Recap D. Rock the Plaza at Ocean Plaza Recap E. Social Media & Print Marketing Update F. Social Media Outreach Program 2nd Quarterly Report (January- March 2022) G. MLK Jr. Boulevard Corridor Commercial Redevelopment and Affordable Multi-Family Rental Apartment Project (dba Heart of Boynton Village Apartments) Update 15. Public Hearing 16. Old Business A. Discussion and Consideration of a Third Amendment to the Purchase and Development Agreement between the CRA and South Florida Marine Located at 711 N. Federal Highway B. Discussion and Consideration of a Second Lease Extension Request for Mr. Freddie Brinley Located at 517 1/2 East Ocean Avenue,Apartment#5 C. Discussion and Consideration of Letters of Intent for the Cottage District TABLE Infill Housing Redevelopment Project 12/14/21) D. Execution of the Third Amendment to the Purchase and Development Agreement to the Ocean Breeze East Project E. Consideration of Approval of 500 Ocean Performance Audit for Year Ending December 31, 2021, for Compliance with the Direct Incentive Funding Agreement F. Update of Negotiations between the CRA and Affiliated Development, LLC TABLE for the 115 N. Federal Hwy Infill Mixed Use Redevelopment Project 03/0()/22) 17. New Business A. Discussion and Consideration as to the Policy Status for the Terms of the Homebuyer Assistance Program Grant Agreements B. Consideration of a Waiver of the Right of First Refusal for the Property Located at 508 NW 12th Street, Boynton Beach, FL C. Consideration of Fiscal Year 2021-2022 Budget Amendment for Unreserved Fund Balance D. Discussion and Consideration of CRA Workshops E. Consideration of a Temporary Policy for Vacation and Sick Leave Pay-Out 18. Future Agenda Items A. Discussion and Consideration of a Purchase Agreement from Habitat for Humanity of South Palm Beach County for the Boynton Beach CRA-owned Properties located at 402 and 404 NW 12th Avenue B. Discussion and Consideration of Purchase Agreement of Cherry Hill Mart C. Consideration of the Revised CRA Human Resource Policies and Procedures Manual D. Discussion and Consideration of Request from the USPS to Remain at the CRA-owned Property Located at 217 N. Seacrest Boulevard Post-Closing E. Discussion and Consideration of the CRA-owned Property located at 401- 407 E. Boynton Beach Boulevard F. Presentation by Palm Beach County Housing Authority Properties within the CRA District 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. BOYNTO immiBEACH C d CRA BOARD M EETING OF: April 12, 2022 ANNOUNCEMENTS AND AWARDS AGENDAITEM: 8.A. SUBJECT: Boynton Beach C RA FY 2020-2021 Financial &Annual Report SUMMARY: The Boynton Beach CRA (BBCRA) Fiscal Year 2020-2021 Annual Report containing the Annual Audit was mailed to all required officials and taxing authorities on March 28, 2022, and posted on the BBCRA's website in accordance with the Florida Statutes. 200 hard copies are currently printed for distribution. A electronic copy in PDF-format can also be downloaded from the BBCRA's w e b s i t e : https://www.boyntonbeachcra.com/home/showdocument? id=865&t=637841317767035399 Distribution of the annual reports will be done by staff at various BBCRA business promotional events, community meetings and events, at City Hall, in-person business visits, and future professional conferences or in-person meetings with prospective developers or interested parties. This year's Annual Report provides a summary of the BBCRA's activities for Fiscal Year 2020- 2021 consistent with the statutory reporting requirements, including but not limited to the agency's audit report and financial information regarding assets, liabilities, income, expenditures, operating expenses, details of the BBCRA projects and programs, the Boynton Harbor Marina financials and marketing, affordable housing initiatives, Neighborhood Officer Program, economic development grants, and business promotional initiatives (see Attachment 1). FISCAL IMPACT: FY 2021-2022 Budget, Project Fund 01-57400365, $543.33 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board. ATTACHMENTS: Description D Attachment I -Annual Report FY20-21 � s x -- � gt> ,�t� �; T ht l�\ �titt�1��itht��7 i��d{�� )r i'� �•,t�z � s� rrt ,- . n \t - e � m r t t t r�+ t i zlt 1 i r s }fi�t t �1{ t � trot x s 3 � � g) Slit{ ffi1F1� �S� F liii , a b Rf� ` it { t�s1�i t BOYNTON „ „ , REDEVELOPM ENT "B H E A� WORKS ,od ICOMMUNTY REDEVELOPMENT AGENCY fSRI'll�1r � a } r i'y � t ss ilt A,•4rss � sjt tt tsts( s i t� tss i Sl is S tt t II (lr v3 I s S 7 tS r;�' s i;�,t,�psi St tt'��t}}?i�i�il�s�37,Jyis;„r1. Jly stsl�s�,`ssfl�ff{d+ It �;istiS Sst ) ', p4 y` e1 t � 7 5 ��St��.-. �;•�, ,: ,� _"�+,��+,'t�t�� I �} _-- tts �i ,. sus : s s s wA e x w � s IA t Cw �D a. Message from the Chair 1 Cth��1ft How the BBCRA Works 2 Financial Summary 2020-2021 & Project Fund Allocation 3-4 BBCRA Ip PROJECTS & PROGRAMS Economic Development Grants 5-6 ECONOMIC Small usiness Openings 7 DEVELOPMENT RESTART Boynton Beach Bucks 8 Bon Appetit Boynton Beach 9 MARKETING & BUSINESS PROMOTIONS Marina Marketing 10 Social Media Outreach Program 10 BUSINESS PROMOTIONS & EVENTS Rock the Plaza 11 Rock the Marina & Lionfish Derby 11 Rock the Block 12 BBCRA AREAf � n 91 Bif I BBCRAArea Map 13 � DOWNTOWN DISTRICT T �- 115 N. Federal Highway 14 T-7 Boynton Harbor Marina 15-16 CULTURAL DISTRICT n Boynton Beach Night Market 17 211 E. Ocean Avenue 17 BOYNw DISTRICT ON BEACH BOULEVARD 401-411 E. Boynton Beach Boulevard 18 , East Boynton Beach Boulevard Beautification 18 DISTRICTFEDERAL HIGHWAY 1102-1110 N. Federal Highway 19 Historic Woman's Club of Boynton Beach 19 DISTRICTHEART OF BOYNTON Martin Luther King Jr. Blvd. Corridor Redevelopment 20 Sara Sims Park Amphitheater 20 Cottage District Infill Housing Redevelopment 21 Workforce &Affordable Housing Projects 21 ADDITIONAL INFORMATION Solid Waste Authority Grant 22 Neighborhood Officer Program 22 Professional Awards 23-24 BBCRA Staff 24 BOYINTO !,11,114 REDEVELOPMENT iai CRA W 0 R K S COMMUNITY REDEVELOPMENT AGENCY z 1�1 '�34�7�}�I The Boynton Beach Redevelopment Agency("BBCRA") had an exciting Fiscal Year 2020-2021; as our economy emerged from the COVID-19 pandemic. Throughout the year, the BBCRA dedicated resources towards our community and businesses with the ultimate goal of making the BBCRA area an inclusive place to live, work, and play. The Economic Development Grant Programs continue to spur development and redevelopment Steven B. Grant by creating and activating commercial spaces. Businesses receive grants after obtaining their BOARD CHAIR certificate of occupancy to develop new retail, restaurant, industrial, and professional office space within the BBCRA area. In July 2021, the BBCRA held the first Boynton Beach Night Market utilizing Centennial Park&Amphitheater. This connected the local business community, Yt fj residents and visitors in a fun, casual, and family-friendly outdoor atmosphere. After over a decade of being vacant, the former Boynton Terrace Apartments are now fully redeveloped with the completion of the 123 unit Ocean Breeze East Apartments by Centennial Management Corp. (CMC) in December 2020. The affordable multi-family project was recognized by the Florida Redevelopment Association as the 2021 Outstanding Housing Project. Woodrow Ha Affordable housing continues to be a priority for the Agency, with a second partnership with VICE CHAIR y CMC. The Heart of Boynton Village Apartments will result in the construction of 124 affordable multi-family rental units with 8,250 square feet of leasable community serving commercial space including a new headquarters for the BBCRA's Neighborhood Officer Program. CMC received subsidy from the Florida Housing Finance Corporation's 9% Low Income Housing Tax Credit Funding Program. In addition, the BBCRA approved approximately $4 Million in funding in September 2021 to assist with the project's shortfall due to the increased construction costs as a result of the pandemic. The MLK Jr. Boulevard Corridor project is expected to be completed early 2023. Lastly, we celebrated the completion of nine of the ten single-family homes within Model Block project, located along NW 11th Avenue west of Seacrest Boulevard, as a result of our partnership with the City, the Boynton Beach Faith Based Community Development Ty Penserga Corporation, and Habitat for Humanity of South Palm Beach County. BOARD MEMBER As we enter Fiscal Year 2021-2022,the BBCRAwi1I continue our infrastructure and beautification of one of the City's primary commercial corridors, Boynton Beach Boulevard. East of Federal Highway, the Boynton Beach Boulevard Extension is anticipated to be in the bidding process with expanded parking, enhanced native landscaping, and pedestrian nature trails. Meanwhile, the partnership with the City and Florida Department of Transportation for the design of Boynton Beach Boulevard Complete Street project is underway in 2021 with wider sidewalks. Furthermore, the BBCRA issued a Request for Proposals and Developer Qualifications for the Christina Romelus BBCRA-owned parcels located at 115 N. Federal Highway in July 2021 and entered negotiations BOARD MEMBER with 500 Ocean Properties, LLC for purchasing 511, 515, and 529 East Ocean Avenue. The BBCRA Board selected top ranked developer Affiliated Development, LLC to negotiate a Purchase and Development Agreement to include affordable housing, environmental design, 150 additional public parking spaces, and commercial space. To end the fiscal year, the BBCRA won the International Economic Development Council's Silver Award for Business Retention and Expansion Initiatives with the Small Business Disaster Relief Forgivable Loan Program. The program expended $1,289,000 million in loans, grants and marketing; with 101 businesses receiving forgivable loans, 42 businesses receiving grants Justin Katz for rent reimbursement, and the "Like a Local" marketing and promotional support campaign. BOARD MEMBER CRA ADVISORY In reviewing this Annual Report, the BBCRA intends to serve our community by positioning BOARD MEMBERS Downtown Boynton Beach as a prime location for businesses and residents alike, solidifying Chair our economic resiliency and sense of unity. Golene Gordon Vice Chair ' Angela Cruz Board Membersjam. Joe Josemond BOYI N,TON Sharon Grcevic Yvonne Skovron Steven B. Grant BEACH Aimee Kelley Board Chair, Boynton Beach Community Redevelopment Agency Naomi Cobb Mayor, City of Boynton Beach COMMUNITY REDEVELOPMENT AGENCY 1 loo E. OCEAN AVENUE, 4th FLOOR, BOYNTON BEACH, FL 33435 • 561.737.3256 f11�� 15 Seri 111 Z7;� � t S (rl f 1t S s i i , i)li 4Ji Atr 7 tl �' )sl�g 11 fi1 A1�r s t E I f � > 4 1 kit{r} s i t1 r S;}Jkr' }s t t", III � Local governments created Community Redevelopment Agencies (CRA) to revitalize areas that have been neglected or forgotten, resulting in declining property values, commercial vacancies, lack of quality affordable housing and decaying infrastructure. CRAs breathe new life into communities through projects such as roadway and utility improvements, historic preservation, business development and property improvement grants, and neighborhood parks and amenities. CRAs are financed through tax increment funding from the counties and/ or cities and uses existing property tax revenue from increases in property tax values within a designated area. Property tax value increases that are the result of effective redevelopment and financial reinvestment are used to leverage public funds with private funds to stimulate redevelopment activity in the targeted area without raising property taxes. The Boynton Beach CRA (BBCRA) is responsible for developing and implementing projects identified in the Community Redevelopment Plan within the BBCRA boundaries. The BBCRA Plan includes the overall goals for redevelopment,as well as identifying the potential projects and programs planned for the area.The redevelopment plan is a living document that can be updated to meet the changing needs within the six CRA districts. CRAs work for Florida's communities.When a CRAuses the tools provided under the existing statutory regulations to reinvest and guide revitalization, it provides the building blocks and incentives to engage stakeholders in the redevelopment process. The end result is a more vibrant, livable, and economically sustainable community for all of its residents. ANNUAL REPORT IS AVAILABLE ONLINE AT WWW.BOYNTONBEACHCRA.COM 2 The BBCRA is a quasi-governmental, Special District operating under Title XI, Chapter 163, Part II I of the Florida Statutes. The agency's annual financial operations run on a fiscal year calendar beginning on October 1st and ending on September 30th of each year. The BBCRA is funded through tax increment revenues. Properties located within the boundaries of the BBCRA do not pay any additional property taxes; rather, a portion of the annual City and County property taxes collected are transferred to the BBCRA. The greater the increase in taxable property values over the CRA's base year (1982), the larger the incremental increase in revenues received by the BBCRA. Other sources of funding for redevelopment activities include the issuance of taxable and nontaxable bonds, marina revenue, and grants. The BBCRA's annual budget is comprised of three accounting funds: 1) The General Fund, which contains the administrative, general operation, insurances, property maintenance, and marina related items; 2) the Project Fund, which contains all of the capital projects, development projects, property acquisitions, local business grant programs, business promotional events, tax increment funding incentive agreements, and the Neighborhood Officer Program; and 3) the Debt Service Fund, which contains the BBCRA's financial debt obligations and encumbrances such as bond repayments. The BBCRA's tax increment revenues for the fiscal year 2020-2021 budget increased by 7.14% or$995,268 resulting in approximately $14.93 million. This resulted primarily from a 5.9% increase in property values from residential multi-family, condominiums, and commercial properties within the BBCRA area. For the thirteenth year in a row, the BBCRA received a clean audit for the financial operations of the agency for fiscal year 2020-2021. Through prioritizing expenditures and long-range financial planning, the BBCRA area continues to see positive economic growth which allows the Agency to continue reinvesting in capital projects to enhance the overall BBCRA area. REvENUES Reveille ` r, 'R' Tt I'nrm`dnt Rvenu �` $f REVENUES > f �' s U, the Revenue ' ' 1,575 454 ' ' T©taI Ft "veue ``` = „ 1'6a{6fi1..g19 '' Od° "` Tax Increment Revenue ExPENDITURES Interest Income &Grant Revenue ��1NOMINEE' ��$��, Other Revenue 1111, W1 \ "WINEVA IIIIllft"M NI11' 'W"111,11111111 EXPENDITURES 11111all Wa . .. . . .. . . . Capital Outlay& Redevelopment Projects e General Government Is I mums e Debt Service -Annual Boynton Harbor Marina The BBCRA's financial statements may be obtained on our website at BoyntonBeachCRA.com, or contact Vicki Hill, BBCRA Finance Director, at HiIIV@bbfl.us or 561.600.9092 3 loo E. OCEAN AVENUE, 4th FLOOR, BOYNTON BEACH, FL 33435 • 561.737.3256 BBCRA PROJEcTFUNDRiscAL YEAR 2020-2021 BB Boulevard Streetscape Improvement Project $ 868,580 Business Development & Promotional Events $ 207,831 Contingency $ 211,081 Cottage District Infill Workforce Housing Project $ 385,825 Development Project Related Legal Services $ 125,000 Economic Development Grants $ 767,905 Historic Woman's Club of BB Improvements $ 238,525 Marketing & Business Assistance $ 73,726 MLK Jr. Blvd Corridor Redevelopment $ 1,217,881 MLK Jr. Blvd Corridor Redevelopment Local Match $ 625,750 Neighborhood Officer Program $ 529,000 PBC Housing Authority Cherry Hill Auction $ 500,000 �� ( "° Professional Development Services p $ 117,100 Property Acquisition $ 2,389,136 Sara Sims Amphitheater $ 50,000 " t Site Work& Demolition $ 105,738 _ Streetscape Lighting Improvements $ 445,561 _ fs 'Sustainability Tree Canopy $ 60,650 Tax Increment Revenue Funding Agreements $ 1,081,100 Town Square Project Funding $ 3,700,000 Total $ 13,700,389 ASSESSED PROPERTY VALUES & TAx ]INCREMENT REvENUE Prcperty'Tc As, s /lus ` Per en { {T1.F}ups fiG pr�9 f4 wtr - Bu'dg€t Pr'evitis Yr Created 198 1363Q.�912 — t _ FY 1989 f 11990 ' ; ; . 8 `68',',`, , 1 , ' F`Y 1995''1,996 73; 98,830 41 . %c 15'$,398 �'1y7c T,V FY�2U5 ,287,,,1� 9,� 88 1( ; 6,07 , 47 37 FY'2a15-2d1'6 1t,t105; 02,45 `33y7c 9',585,902 $,.81 FY 2�2t``=221 `,.,. 1;555, 84,945' S. ; 14,82,182` 1 ANNUAL REPORT IS AVAILABLE ONLINE AT WWW.BOYNTONBEACHCRA.COM 4 1 1 The BBCRA's Economic Development Grant Programs continued to spur redevelopment and activate vacant commercial spaces by assisting 13 new businesses and adding over 29,326 square feet of new retail, restaurant, industrial, and professional office space within the BBCRA area.Additionally, 12 existing businesses were able to expand and/or make facade improvements totaling over 40,293 square feet of commercial space. These grants, which act as 50% matching, reimbursable grants, continue to further the BBCRA's mission to activate vacant commercial space, create jobs, and develop a vibrant downtown. RESTAURANT OFFICE SPECIALTY FACADE SPECIALTY FOOD AND RETAIL BUSINESS IMPROVEMENT Tropical Smoothie Cafe H. Longo Insurance Studio Glo Salon&Spa 409 EA LLC Bud's Chicken&Seafood Associates Art-Sea Living Patterson Plaza, LLC Le Petit Pain AIMS Marketing System ManCave for Men Inlet Inn Motel Boardwalk Italian Ice& Premier Medical Center of Shade Tree Music Studio CKs Lockshop&Security Creamery Boynton Beach Soleil Early Learning Center Aurora's Mexican Kitchen S.Solloway Acupuncture, Academy Raj Properties, LLC Nicholson Muir Meats PA. Custom Truss Loufranco Management Apex Physical Therapy Corp Appliance King of America AMS Acquisitions, LLC a ,I,4�� PIIIIIIIIIIIIIIIIIIIIIIIII , ii'lllllllllllllllllll IIID II�(I�� I,C�ilililil ® a � e • FOR MORE, INFORMATION THE BBCRA ECONOMIC E i L E T GRANT MS Visit our website at Boynton BeachCRA.com or contact Bonnie Nicklien, Grants & Project Manager at NicklienB@bbfl.us or 561.600.9090 5 loo E. OCEAN AVENUE, 4th FLOOR, BOYNTON BEACH, FL 33435 • 561.737.3256 PATTERSON PLAZA, LLC 1815 I HIGHWAY y - tt �T �errr ft r bi After f v_ Before SOLEIL EARLY TROPICAL SMOOTHIE ., LEARNING ACADEMY 512 E. WOOLBRIGHT ROAD 202 W. BOYNTON BEACHBOULEVARD 561-536-6737 � f4 ti r 1 F4f F {ti VIII r IIIl�Ii�lIII !�� After , r After �u i � 77, 11� Before Before ANNUAL REPORT IS AVAILABLE ONLINE AT WWW.BOYNTONBEACHCRA.COM 1 1 c c 5 `tt 1 7c � sin # 5 � 5 lr a -- r ,s4- ,1➢'1� S 4� n� [ M � y �- E: ! $ ftr Shade Tree Music Studio ' 5 i � + CCC 1! r 500 Ocean Cafe 7 loo E. OCEAN AVENUE, 4th FLOOR, BOYNTON BEACH, FL 33435 561.737.3256 The Boynton Beach Bucks initiative is an effort created by the BBCRA to actively support small businesses located within the BBCRA area.Through the Boynton Beach Bucks program, community members who patronize participating businesses are eligible to receive special offers and incentives, such as buy-one get-one deals, a percentage off a purchase, or a free item with purchase. BBCRA staff assists local businesses in creating a personalized campaign to assist in reaching their promotional goals. The BBCRA, in partnership with each business, advertises the Boynton Beach Bucks deal to the local community through digital marketing efforts or at business promotional events. Once a campaign is complete, the BBCRA reimburses the business for the total cost of the deals, based on the record of sales.As a result, the local business is able to attract new customers without incurring a loss of revenue. Boynton Beach Bucks promotions are run as campaigns on the BBCRA social media platforms, with many requiring individuals to shop, dine, or play in-person to take advantage of the special offers. The promotions also run concurrent with existing BBCRA Business Promotional Events to further incentivize patrons to attend and support local businesses. Be sure to like and follow @BoyntonBeachCRA on Facebook to learn more about this exciting new program! Boynton Beach SCAN QR CODE FOR 1 I� tit ate. I �' } { n4eQa t,• } � Y+y ) rfi4A4ACU i BOLO 1/2 OFF $ o, I U NCH SPECIAL , Need February 202 - February 26,202 ❑r �` 0 s�`x }�a ��A� t P, tlr = (,� ��', { { BOYNTON `nBEAC1(,��1 ANNUAL REPORT IS AVAILABLE ONLINE AT WWW.BOYNTONBEACHCRA.COM In FY 2020/2021, the BBCRA introduced Bon Appetit Boynton Beach with the intent to publish a series of professional videos showcasing six chefs or mixologists, affiliated with restaurants located within the BBCRA area, preparing a specialty item from their respective menu. Since this campaign was launched in the midst of the COVID-19 Pandemic, viewers were encouraged to either prepare the meal for themselves at home or order the prepared menu item directly from the restaurant via available dine in or take out options. In addition to the preparation of the menu item, each video provided a brief overview of the restaurant, including the type of food served, location, and business hours. This campaign served as a business promotion that provided increased exposure for restaurants that t, were interested in participating in the digital marketing campaign. Additionally, it encouraged residents to support local restaurants that were facing financial ,., hardship due to the ongoing pandemic and change in social norms 6aoN APPETIT Boynton Beach Featuring } � 4 AP 14 t- ,_ Sushi Jo ti� , � r � , u ;431 OK&M 9 loo E. OCEAN AVENUE, 4th FLOOR, BOYNTON BEACH, FL 33435 561.737.3256 1 MARINA MARKETING The BBCRA funded marina marketing works as a catalyst for long-term economic growth by supporting the marina tenants and surrounding businesses and attracting new visitors and businesses to Downtown Boynton Beach.Throughout the year, multiple advertisements were published to promote 1 t 1 the marina's recreational activities, waterfront dining, ship store, and fuel availability. The summer marketing campaign focused on ,� <«-'��J highlighting the Boynton Harbor Marina as g a premier diving destination to observe the annual Goliath Grouper Aggregation. This environmental phenomenon culminates off the shores of Boynton Beach, making it a unique destination for avid divers. Ads were published in the Coastal Angler, Marinalife, x Florida Sport Fishing, Waterway Guide, and Coastal Star publications, as well as on Facebook and Instagram. SOCIAL MEDIA OUTREACH PROGRAM The BBCRA recognizes that in orderto compete with big business,small businesses need an online presence. The Social Media Outreach Program (SMOP) was developed to help small businesses develop their online brand and market themselves through social media - and the best part, it's free to participate! Through one-on-one assistance, the BBCRA shows small businesses how to use social media as a marketing tool, assists in the creation of engaging content, and helps businesses attract new customers. This program is designed to assist with marketing tips and tricks to help improve efficiency, enhance branding efforts, and streamline small business marketing. The result is to support the growth of our small businesses in Boynton Beach! For more information, please contact Renee Rosario, at RosarioR@bbfl.us or 561.327.6154. i"A�� T W-111 41, 1 ANNUAL REPORT IS AVAILABLE ONLINE AT WWW.BOYNTONBEACHCRA.COM 10 RoCK THE PLAZA The Rock the Plaza events returned to spotlight two plazas located within the BBCRA area — One Boynton ��'�� ;� �6 t; and Ocean Plaza. The events featured live music, � �� family-friendly activities, and provided a spotlight to the businesses located within the plazas. Event attendees v, � were encouraged to enjoy the festivities, stroll the plaza, i and dine at local eateries and restaurants. The long term ` goal is to introduce the residents and new customers to r the goods and services available within the plazas so � z � that they may return to patronize the businesses after the events. Participating businesses included: Baciami, �� Sweetwater, Common Grounds Brew & Roastery, Tokior „', �� Ramen, Soulvaki Fast, Fran's Sew & Sew, By Cycle, Fly and Flow Fitness, Bailey's Blendz, JMM Services, Cafe r Frankie's, Scheurer's Chocolate, Palm Beach Shooting �o, ` - Organization, Angels Secret, y ,t�, ' Alchemy Eco Salon Lighthouse Vapes, Organic Kitchen & Mercantile, Sushi Jo, Boynton Beach Florist, Jackie's Grooming Spa & Hotel, Penn Nails, and Link's Custom Jewelry. Many of the participating businesses were able to take advantage of the Boynton Beach Bucks program, which provided an additional way to leverage interaction and sales from < individuals who visited the plazas for the event. In an effort to activate the Boynton Harbor Marina and to bring exposure to the dive charters and restaurants located at the Marina, the BBCRA hosted the Rock the Marina & Lionfish Derby event on Saturday, y y, June 26, 2021. The twent - eight divers that participated in the Lionfish Derby successfully eradicated 145 Iionfish from the local ' waterways. For the event, the BBCRA partnered with seven local businesses: Boynton Beach Dive Center, Splashdown Divers, Starfish Water Sports, Driftwood,Organic Kitchen and Mercantile(OK&M), a �� ogh ro r� The Boardwalk Italian Ice & Creamery, and Marina Cafe. To provide additional exposure for local y qi restaurants the event featured a Iionfish cleaning and preparation presentation from Driftwood and a Iionfish cooking demonstration from Organic Kitchen and Mercantile OK&M The BBCRA also partnered with local not-for-profit p organizations p to educate the divers on how to safely spear and collect Iionfish, as well as, provide educational sessions to the general public about various marine tt and environmental initiatives that are taking place ES......,fit?tt)tuu�st i�sii,�t, 3}iSts,7161t}4��K}1W 1 �,t ittfXtt�O'','Y�Z within the county. 11 loo E. OCEAN AVENUE, 4th FLOOR, BOYNTON BEACH, FL 33435 • 561.737.3256 tr a as `fP 4ttt t 5 Yy" n � s '2137 1 After a 16-month hiatus due to the COVID-19 pandemic, the BBCRA kicked-off its summer event series on Saturday, June 12, 2021, with Rock the Block. This multi-block event provided a much-needed infusion of activity and social engagement to the BBCRA's Downtown District. The multi-block event featured live music from the band The Flyers, food from downtown restautants, kids' activities, and exhibits from local Boynton Beach businesses. Event attendees were encouraged to enjoy the festivities, stroll the avenue, shop with merchants, and dine at restaurants. Participating businesses included: Artsea Living, Boardwalk Italian Ice & Creamery, Dr. Archacki, D.D.S, P.A., E&C Beauty Salon Experience, East Ocean Cafe, Guaca Go, Pio Pio, Property Damage Consultants, The Butcher & The Bar, The Sol Oasis, and Your CBD Store. As part of the ongoing reactivation efforts to support local businesses, a special Boynton Beach Bucks offer was promoted to incentivize attendees to dine at restaurants located on E. Ocean Avenue during the event. In total, 158 Boynton Beach Bucks vouchers were redeemed during the event. ,t ,.=� 'yti of i r 111 } }✓, - l 4 ANNUAL REPORT IS AVAILABLE ONLINE AT WWW.BOYNTONBEACHCRA.COM 12 1 "4 C c IA,,L Miner toad r -.ilj p+{ .. a�et' M"�` YhdL"�'j'a db �., XT � 'S Legend NEI J It 1si CRA Boundary + Boynton Canal 00 3 3� r,ttt ,,\4Jvrlj 1, 6 5 ��,>>4vt,��''_�1Ji �tst CRA Districts l � I can Ridge ��I, Federal Highway r Boynton Beach s5"m � � � i � � „° Boulevard ,J �{ , ,<< ry�a ' + �� .� 3 Cultural Downtown 5 Heart of Boynton l�i �,; 6 Industrial Craft ih N ti Styyrr t ZI 3 }t`t�+ '. ARM, rl �� t��v4��11�"r Briny Breezes Aw �t44l�t� r{rij t t � s a � kph err t �'UJ ev � t t;rill t ��itr��tyi if�4� uef'str am �4 �k orf t+Jt r n rrW 13 loo E. OCEAN AVENUE, 4th FLOOR, BOYNTON BEACH, FL 33435 561.737.3256 The BBCRA issued a Request for Proposals and Developer Qualifications (RFP/RFQ) for the redevelopment of CRA-owned parcels located at 115 N. Federal Highway on July 23, 2021. Five development proposals were received in response to the RFP/ w� RFQ. Respondents included Affiliated Development, LLC, Related Urban Development Group, LLC, E2L Real Estate Solutions, LLC, Hyperion Development Group, and U.S. Construction, Inc. int Proposals were required to include the development team's past r, t history and experience with similar mixed-use projects, a workforce housing component that will be affordable to households withrk�''�'t income of 80-140% of the Cit of Boynton Beach Area Median t�iV� BBctA City yl, Owned Income, as well as conceptual site and architectural design for theProperty � properties which includes 150 parking spaces open to the public in rte addition to the required parking for the development itself,enhanced '4 environmental features, and the developers' financial capability to i,"� ® ,,J fund and complete the project. In November 2021, The BBCRA . , Board selected Fort Lauderdale-based Affiliated Development, LLC to enter into negotiations towards a Purchase and Development Agreement for the site and the Related Urban Development Group, �� ; E o Ave LLC as the second ranked developer. Negotiations are underway with construction anticipated in Summer 2023. r ml�ad�-a Yt 2 ti i,ttr l t, r , - R r, OEM I � Vets sr. , t 3 ANNUAL REPORT IS AVAILABLE ONLINE AT WWW.BOYNTONBEACH CRA.COM 14 Since the purchase of the BBCRA's Boynton Harbor Marina in March 2006 and the completion of three major renovations in January 2017, the Marina has remained a viable destination in Boynton Beach. As the eastern anchor of downtown,with its prime location and quick access to the ocean, the Boynton Harbor Marina is a vibrant waterfront destination for Palm Beach County. The Marina offers a spectacular waterfront dining experience and family-fun activities, such as fishing and scuba diving charters, boat rentals, parasailing, drift fishing, and jet-ski rentals. �f t y h v MM a r 15 loo E. OCEAN AVENUE, 4th FLOOR, BOYNTON BEACH, FL 33435 561•737.3256 1 t. \ i 1\ sr t, 3 \ \, C i, t_ e \ { \ N� \ ) ) \\l \ 1 \C t { q 5 S ` a. 11,+ BOYNTONHARBoR MARiNAFxscAL YEAR 2020-2021L The BBCRA owns and manages 18 marina slips to marine related commercial businesses such as: Dive charters, fishing charters,jet ski and boat rentals, parasailing, and a commercial cruise charter. The marina also features transient dockage for traveling boaters. •All slips were rented to tenants at $19 per linear vessel foot plus utilities •Annual slip income totaled $114,651 • Transient dockage totaled $24,547 The Boynton Harbor Marina Fuel Dock is a Certified ValvTect Marina carrying both "Non - Ethanol" Marine Gasoline & Marine Diesel with Bioguard Plus 6. • Annual fuel sales were $1,449,911 • 350,691.63 gallons of gasoline sold for a total of$1,259,117 • 67,339.32 gallons of diesel sold for a total of$190,794 To maintain marina operations, structures & grounds, the following costs were allocated during the budget year: MARINA MANAGEMENT PROPERTY MAINTENANCE & IMPROVEMENT • Staffing & Security- $221,759 • W-Fi Service for slip tenants and transient boaters- $1,800 •Annual Landscape Maintenance - $19,960 • Pressure clean, paint refresh - $6,150 • Landscape lighting - $26,162 « «« ANNUAL REPORT IS AVAILABLE ONLINE AT WWW.BOYNTONBEACHCRA.COM 16 On Saturday, July 31, 2021, hundreds of people visited the Cultural District for the BBCRA's first event at the newly constructed Centennial Park and Amphitheater. This family-friendly event was a hit and provided individuals with something that had been absent within the pandemic — a sense of community and social interaction. Soulful tunes filled the air as patrons danced to a live performance by The Valerie Tyson Band. The event also featured fun games, interactive activities, and roaming costumed characters. Most importantly, the event served as a unique way to activate the Cultural District and showcase merchants operating out of the BBCRA area. In total, thirty-three (33) vendors participated at the event, including the following 18 BBCRA area businesses: Studio Glo Salon & Spa, Local Services, LLC, Wave Max Laundry, The Duke of Normandy, 500 Ocean, 500 Ocean Cafe, Zoo Elite Gym, Your CBD Store, Dr. Paul Archacki, D.D.S., Tropical Smoothie Cafe, The Boardwalk Italian Ice & Creamery, Main Street Car Wash, Property Damage Consultants, Pio Pio, Guaca Go,Aurora's Mexican Kitchen, Troy's Bar-Be-Que, and That's Amore. rF 01 2:a E. ocEAN AvENUE z r sti 1 er z y, 1. i u �. The property was originally purchased in 2007 " with the intent of completely renovating the historic residential structure and adding a new addition for use as the BBCRA's new office building. After design plans were completed, the previous BBCRA Board decided not to move k,yforward with the new office plans. Instead, they turned their focus toward a more commercial or mixed-use redevelopment option. In 2021 the BBCRA received several Letters � r G G r� of Intent for the redevelopment of the site. In July 2021, the BBCRA Board selected a Letter of Intent from 211 E OCEAN, LLC and directed staff to begin negoiations to renovate and convert the property into a full-service restaurant and bar. 17 loo E. OCEAN AVENUE, 4th FLOOR, BOYNTON BEACH, FL 33435 • 561.737.3256 401-4n EAsTBOYNTONBEAcH BOULEVARD The BBCRA acquired these three parcels located on E. Boynton Beach Boulevard to spur redevelopment opportunities within the Boynton Beach Boulevard District in accordance with the BBCRA Community Redevelopment Plan. The combined properties total approximately 0.38 of an acre and are currently zoned C-3 (Community Commercial) with a Local Retail Commercial (LCR) Future Land Use Classification. The BBCRA Community Plan identifies this area as a Mixed-use high land use designation for future redevelopment with a maximum density of 60-80 du/ac, a maximum height of 100 feet, and an additional 25% Workforce Housing Density Bonus through participation in the City's Workforce Housing Program.The BBCRA is exploring its use and activation until redevelopment occurs. Xh L r h A .+* w.nx.a,''•r rte?.-i �£c� Y{�t�t }� f�'(db""k�Y"�{'a� t The beautification of the East Boynton Beach Boulevard (BBB) Corridor from US1 to 1-95 is necessary to physically transform the entrance to the City's commercial core to a more livable downtown. The improvements include a future artistic gateway feature, widened sidewalks, decorative lighting, landscaping, accommodations for bicycles and mass transit, and mid-block pedestrian crossing to support the community's vision for a more complete street at the most significant commercial corridor and the City's namesake. In September 2018, the BBCRA's and City's Transportation Planning Agency's (PBCTPA) Local Initiative (LI) Grant Program application for the BBB improvements was awarded$2,232,414 in funding for the project,implementing Smart Growth principles by incorporating traffic calming measures and accommodating various modes of transportation in the roadway design. The grant funds will pay for the basic roadway construction costs with the City and BBCRA paying for the streetscape enhancements above and beyond the basic elements such as but not limited to the decorative pavement and lighting. In April 2019, the BBCRA and City were also awarded $631,530, from the Federal Land Access Program (FLAP) for the design costs for the BBB improvements. FLAP funding supports connectivity and accessibility to federally funded lands,which in this case is the Intracoastal Waterway.The projectwill leverage multiple public funding sources resulting in improved connectivity and economic development of the Boynton Harbor Marina for a more sustainable Downtown Boynton Beach. y Design work for the project began in 2021 with TPA LI construction funding availability in Tate 2023. The BBCRA approved up to $250,000 in reimbursement to the City as a „„�, � local match for the project's design cost and $590,580 in the FY 2020-2021 Budget to zL ns be used towards the project's constructions _ costs. r ANNUAL REPORT IS AVAILABLE ONLINE AT WWW.BOYNTONBEACHCRA.COM 18 1102-juiLo NORTH FEDERAL HxGiawAy These adjoining properties are in a key location on the NE corner of E. Martin Luther King,Jr. Boulevard and North Federal Highway. For over a decade, the two properties housed two vacant buildings.There were two buildings located on the two properties which stood vacant for over a decade.The BBCRA purchased the northern 1110 N. Federal Highway property in March of 2017 and demolished the aged and decayed building to eliminate the blighted appearance at the eastern gateway to the MLK Jr. Boulevard corridor. The redevelopment potential of the individual lot is limited due to its size, therefore, consolidation of the two lots was necessary to support a more viable project. On November 4, 2020, the City obtained the southern 1102 N. Federal Highway property via a Settlement Agreement and transferred ownership to the BBCRA to facilitate redevelopment efforts. The increase in developable land area was the needed catalyst as the BBCRA received Letters of Intent for development proposals for the site in November 2020.The BBCRA Board selected the proposal from the Boynton Beach Office Condominium, LLC (BBOC) on December 8, 2020 and in January 2021 executed a Purchase and Development Agreement for a local radio station and a professional surveying and engineering office. Construction is estimated to be completed within 12 months of receiving City permit approval. IRS"A ,71 HISTORIC WOMAN'S CLUB OF BOYNTON BE.AcH In September 2017, the BBCRA purchased the Historic Woman's Club of Boynton Beach (HWCBB) located at 1010 S. Federal Highway. The BBCRA maintained and made multiple improvements to the building to restore and re-activate its use as a unique events venue that is available to the public. In order to fully activate the facility for civic and cultural uses, the BBCRA needed to transfer the ownership to the City in order to remain in compliance with the BBCRA's statutory mandates. On March 10,2021,the building was transferred to the City. Prior to the transfer,the BBC RA completed the exterior and interior LED lighting improvements and accomodated rentals for three weddings and a celebration of life. zts, � k, U i RAW r S y l 19 loo E. OCEAN AVENUE, 4th FLOOR, BOYNTON BEACH, FL 33435 561.737.3256 1 =it• �,st}k�yt��t,$e, �, ._u'r- c,rt(, t,s l�sjt p)�t s� _- �',, �S -.�}� ��,) X tr,.t,t t #.'`I?��.({�sY `k•,�i{,�..1Yr „ f'}S`r141 dl �H E, MARTIN LUTHER KING JR, BOULEVARD CORRIDOR REDEVELOPMENT 1 � # On June 18, 2018, the Boynton Beach CRA issued a Request for Proposals and Developer Qualifications for a development project utilizing the BBCRA owned properties along the E. Martin Luther King Jr. Boulevard corridor between N. Seacrest Boulevard and Federal Highway in the Heart of Boynton District.The BBCRA identified incentives such as land, direct or indirect funding, design or site plan assistance, infrastructure support and partnerships to private sector developer to make the desired redevelopment project more attractive and financially feasible. In September 2019, the BBCRA entered into a Purchase and Development Agreement with Centennial Management Corp. for the redevelopment project which consists of 124 affordable multi-family units as well as 8,250 square feet of leasable commercial space which will provide office space for the Neighborhood Officer Program (NOP). The project's developer received funding from the Florida Housing Finance Corporation's 9% Low Income Housing Tax Credit Funding Program. The BBCRA has budgeted approximately$1,924,363 in funding to assist with the completion of the project and leasing of the commercial space. The project is expected to be completed in 2023. SARA Sims PARK AMPHITHEATER In September 2018, the BBCRA Board approved funds for the renovation of Sara Sims Park and relocation of the East Ocean Avenue stage canopy through an Interlocal Agreement with the City. The total cost of the park renovations was estimated at $1.4 million and the City provided the match funding needed to complete the project.The renovations were complete in November 2019, however, the community voiced their disapointment and dissatisfaction with the visibility and functional aspects of the performance pavilion portion of the project. On October 13, 2020, the BBCRA approved $150,000 to be allocated , K towards additional improvements to the performance pavilion in response to the community's concerns. These included landscaping improvements, audio stage ' sound equipment, ADA accessibility, and electrical work. Construction of the improvements commenced in August 2021 and were completed in December 2021. . ANNUAL REPORT IS AVAILABLE ONLINE AT WWW.BOYNTONBEACHCRA.COM 20 0...............................................I i In 2021,the BBCRA had the opportunity to acquire two additionalt,n., properties adjacent to the BBCRA-owned Cottage District Project site increasing the total project site to approximately 4.5 acres located between NE 4th and N.E. 5th Avenues and Ne sm ave tit nmave �� N. Seacrest Boulevard and NE 1st Street. The Project site lies i within the BBCRAs Heart of Boynton District boundaries and =fe, is identified in the BBCRA 2016 Community Redevelopment Plan as a priority site for the construction of new affordable or >N workforce home ownership opportunities and has the added fia BBCRA Cottage District Infill Houit n� benefit of being located in the Palm Beach County Qualified Redevelopment Protect Site Opportunity Zone. (approximately 4.5 fi-acres) The BBCRAs goal is 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 � a home ownership opportunities for low and moderate income � ` F� households within 80-140% of the City of Boynton Beach Area Median Income, and to provide quality public enhancements �' �` }� l;?, that improves the quality of life for residents of the community. WORKFORCE & AFiFoRDABLE HOUSING PROJECTS MODEL BLOCK The Model Block project is the result of a flourishing partnership between the BBCRA, the City of Boynton Beach, the Boynton Beach Faith Based Community Development Corporation, and Habitat for Humanity of South Palm Beach County. The project consists of the revitalization of an entire residential block within the Poinciana Gardens neighborhood, between NW 11th Avenue and NW 10th Avenue. The project began in 2012 and was divided into two phases in order to construct 16 new affordable single-family homes and connect NW 11th Avenue from Seacrest Boulevard through to NW 1st Street. The Model Block project is now approaching completion. In FY 2020-2021, nine of the ten homes on NW 11th Avenue were completed and sold.The remaining two homes are scheduled to be completed and sold in 2022. _ = � of l r s �1r it s 2r" irn= „11�jr f�rttl,ii 1 fa` 21 loo E. OCEAN AVENUE, 4th FLOOR, BOYNTON BEACH, FL 33435 561.737.3256 ............. On October 14, 2020, the BBCRA was awarded $65,342 in funding from the Solid Waste Authority's (SWA) Blighted and Distressed Property Clean- up and Beautification Grant Program (BDPCBGP). The BDPCBGP grant activities include $52,618 for the demolition of two commercial buildings located on main corridors within the BBCRAArea.The first building was part of the previously mentioned 1102-110 N. Federal Highway redevelopment project. The second building, located at 411 E. Boynton Beach Boulevard, was purchased in conjunction with 401 and 407 E. Boynton Beach Boulevard for future redevelopment. It would have been cost prohibitive to renovate the building for a temporary use, therefore SWA grant funds were used towards } the demolition. The remaining funds, $12,742 were used for the installation " #& of fencing for the BBCRA vacant 4.5 acres Cottage District Infill Housing " Redevelopment Project. Due to the size of the property it has been prone to continual illegal dumping and the fencing has been a successful deterrent. The SWA's continued support has contributed to the BBCRA's efforts in the elimination of blighted conditions within all BBCRA districts and has greatly facilitate redevelopment of prominent sites. This is a perfect example of leveraging public resources to accomplish a common goal. The Neighborhood Officer Program (NOP) was created in 2015 with the mission to cultivate high levels of mutual trust, understanding, and respect between police and the neighborhoods they patrol by integrating police personnel into the fabric of our local community. One of the things that makes this program so unique is that it employs adaptive leadership principles to address long-term community challenges. t "" In FY 2020-2021 the NOP Unit was comprised of three full- time employees (two sworn and one unsworn)—Officer JivanetEMU, vTl� , Rivera, Officer Terrance Paramore, and Public Safety Aide Emily Vasquez—and overseen by Sergeant Henry Diehl. Over the years, the NOP Unit has gained the trust and respect of many individuals within the Heart of Boynton community. Their dedication and genuine desire to help the community is evident ` in all of the outreach thatthey offer throughout the year.According to Sergeant Diehl, "The most rewarding accomplishment of the Neighborhood Officer Program is hearing and seeing the difference on the ground...being acknowledged by the Heart of Boynton Community Association for our dedication to the w, community and everything in-between." Throughout 2021, the NOP Unit served the community in various ways, such as: Offered one-on-one tutoring in- person and via Zoom to local students, as well as mentoring to children at Galaxy Elementary and Poinciana Stem Elementary, assist with back-to-school initiatives and ongoing traffic calming and enforcement in designated school zones, and accompanied the BBCRA's Business Development team for local business check-ins. With the ever- changing COVID-19 advisories, the NOP Unit continues their mission to build and foster relationships with the local business and residential community, through quarterly community meetings, which helps them gather input that can be used to further engage community dialogue. ANNUAL REPORT IS AVAILABLE ONLINE AT WWW.BOYNTONBEACHCRA.COM 22 1 ;0 PM ENT RE D1 EVE L 2oal OUTSTANDING HOUSING PROJ17cTAWARD AFFORDABLE - : : APARTMENTS 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 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. In 2021, the BBCRAwas 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 BBCRA, City, and the developer, Centennial Management Corp, to deliver the much- needed units in record setting pace (12 months), in spite of the challenges of the COVID-19 Pandemic. This project, located at 700 N. Seacrest Boulevard, was purchased by the BBCRA in May 2007 after the multi-family housing on the property had been condemned due to hurricane damage. In 2016, the BBCRA rezoned the 4.32 acres to allow for a higher maximum density which initiated development interest. The $26 million dollar project consisted of 123 multi-family affordable rental units, three story structures with residential amenities, 2,300 square feet of "flex and community space," new sidewalks, street lighting, on-street parking spaces, a plaza- style open space, and enhanced landscaping. FESTIVALS.t _ ( i w 6 t t"x IC FIRST PLAC17J COMMUNITY ENGAGEMENT RESPONSE TO PANDEMIC For over 20 years, the Florida Festivals and Events Association has been promoting and strengthening the festival, event and fair industry in Florida. The FFEA SUNsational Awards recognize members' innovation, individuality and creative collaboration from organizations throughout the state of Florida. The organization's Community Engagement Response to Pandemic Award honored the Bon Appetit Boynton Beach Social Media Campaign. 23 loo E. OCEAN AVENUE, 4th FLOOR, BOYNTON BEACH, FL 33435 • 561.737.3256 1 INTERNATIONAL ECONOMIC DEVELOPMENT COUNCIL SlIX17ARAIWARD International Economic Development Council recognizes the world's best economic development programs and partnerships, marketing materials, and the year's most influential leaders. These awards honor organizations and individuals for their efforts in creating positive change in their communities. The Business Retention & Expansion Award commends economic development initiatives that focus on retaining and growing existing businesses within communities and regions. Applicants demonstrate extensive cross-community collaboration and the ability to adapt through effective innovative programs and initiatives. The BBCRA's Small Business Disaster Relief Forgivable Loan Program distributed $1 million in loans to 101 businesses within the BBCRA Area. Using these funds, the BBCRA provided eligible businesses a forgivable loan of up to $10,000 to offset costs associated with utility, payroll, or inventory expenses due to the COVID-19 Pandemic. The modest grant was a lifeline to our small businesses as navigation of other federal or state programs' application process was overwhelming and some of our small businesses did not qualify for the programs offered. The BBCRA also approved a COVID-19 Commercial Rent Reimbursement Relief Grant Program to current and/or previous Commercial Rent Reimbursement grant recipients from the past five years with an additional six months of 50% matching rent reimbursement assistance for the months of March-August 2020. This emergency rent reimbursement program assisted an additional 42 businesses with relief funding totaling $289,119. e Thuy Shutt t , Executive Director Timothy Tack ' ` Assistant Director ask Vicki Hill Finance Director , 4 Theresa Utterback Development Services Manager Bonnie Nicklien { { �„ Grants & Project Manager � " • ��" �� Jobara Jenkins Accounting & Finance Manager << Mercedes Coppin Business Promotions & Events Manager ` . Renee Rosario Social Media & Communications Specialist Vicki Curfman Administrative Assistant j 'a Amanda Meyer ,� Business Promotions & Marketing Coordinator ANNUAL REPORT IS AVAILABLE ONLINE AT WWW.BOYNTONBEACHCRA.COM 24 — �'i;�; t 1 p t t IMmOmm n rr e � r�r�i)�zjtP�t,zrrvt��t��af ati�+t res s n, �, FAT n , BOYNTO mommBEACHC d CRA BOARD M EETING OF: April 12, 2022 ANNOUNCEMENTS AND AWARDS AGENDAITEM: 8.13. SUBJECT: Rock the Plaza at One Boynton on April 23, 2022 from 5:00 p.m. to 8:00 p.m. SUMMARY: On Saturday, April 23, 2022, the CRA will host Rock the Plaza at the One Boynton property, which is located at 1351 South Federal Highway. Free parking will be available in the One Boynton parking garage. The free event, which will take place from 5:00 p.m. to 8:00 p.m., will spotlight the One Boynton residential offerings and the businesses within the shopping plaza. The event will feature live music from the band Paul Anthony & The Reggae Souljahs, cocktails, and special promotions from restaurants and businesses within the plaza. To maximize customer outreach, CRA staff will work with interested businesses to activate various Boynton Beach Bucks offers during the event. Please see Attachment I for the branded promotional poster that was distributed to businesses throughout the BBCRA area, Boynton Beach breweries, and at City of Boynton Beach municipal buildings. FISCAL IMPACT: FY 2020 - 2021 Budget, Project Fund, Line Item 02-58500-480 - $12,000 for the event and $3,500 for marketing. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action is required from the CRA Board at this time. ATTACHMENTS: Description Attachment I - Promotional Poster B E A G N B 4 Y N T RD F 1 USIC �y M eke oft � PRESENTED BY BOYNT©Np �, =BEACH CI�/`�1► COMMUNITY REDEVELOPMENT AGENCY BOYNTONBEACHCRA.com Interpreter available upon request. Contact CoppinM@bbfl.us or (561)600-9097 BOYNTO mommBEACHC d CRA BOARD M EETING OF: April 12, 2022 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 Attachment I - Public Comment Log Attachment II - Rock the Plaza Ocean Plaza Comments 0 0 w c 0 a 0 im U /11 m J Z N W 5 (6 G d 5 C LLI U O � O N o � IL U N Y N o O N .D sa LL U O � Y o O -0 U r 1 N #� N Q 'N I(h Curfman, Vicki From: Roberts Rosario, Renee Sent: Monday, March 28, 2022 8:56 AM To: Curfman,Vicki; Shutt, Thuy; Nicklien, Bonnie; Meyer,Amanda; Coppin, Mercedes; Tack,Timothy Subject: Rock the Plaza Public Comment Cafe Frani es T?'r,an..;yo tl t SI=P:'nd .r."sr 37 2.ru Cit f Gr Sf '.€iC 111RIaCk.'�.e P a ZIi7'�'tQ_,Zr P1.57.5..A gr as had by a.. ar'd %,ve met sr-,R,,a 'eve errs_ ar'd s5a,%,sr-,R,,a o1-c fY'e-ds Soy-ton, Beach ._ a a spec'a P.cCe'WE apprec'ate tine su"�€"ocr€fr'crr C'z rG'c°e`rE_ 'p 5"`c:.o:_-oatrons, " t �r 3 r Renee Roberts Rosario Social Media and Con-m-w nig a ir:ns Specialist toyton Beach Con'in-w nit Redevelr:pn—ient Agency 100 E. Ocean Ave. toyton Beach, Florida 3 435 a 1-3 -61 4 � '� 561-737-3258 nn j Rosar'iol @bbfl.us http://www.boyntonbeachcra.com BOYNTO ' s L COMMUNfFY REWE PU ter ` i America's Gateway to the Gulfstream Please be advised that Florida has a br,oad public r,ecor,ds law and all correspondence to mie via en-rail n-,Iay be subject to dicloy ur'e.Under, Flor,ida r,ecor,ds law, en-mil addresses ar,e public r,ecor,ds.Ther,efor,e, your,e-n-iail con-imiunication and your,e-n-iail address n-,iay be subject to public disclosur'e. 2 BOYNTO mommBEACHC d CRA BOARD M EETING OF: April 12, 2022 INFORMATION ONLY AGENDAITEM: 9.13. SUBJECT: Public Relations Articles Associated with the CRA SUMMARY: The Coastal Star Boynton Beach CRA shifts gears, leaves fate of major downtown project undecided - 3/30/22 - Attachment I CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board. ATTACHMENTS: Description Attachment I Sign Up Sign In 3y y The Coasta ar HOME t BUSINESS ANNOUNCEMENTS CLASSIFIEDS EVENTS LETTERS S PHOTOS STORE VIDEOS YOUR CITY MEMBERS MYPAGE CONTACT US All Posts Featured Posts 1>> Activity Feed Ili `,,, Boynton Beach- Boynton CRA shifts gears, � Pippi posted an � leaves tate of major downtown project event undecided Annuall MIznr Park Downtown Posted by The Coastal Star on March 30,2022 at 10:44 Drive Car So By Larry Barszewski yesterday Don't expect a downtown medley of shops, restaurants, apartments Mary and offices that is planned for city-owned land along the west side of 0 ate Federal Highway in Boynton Beach to rise anytime soon. Leming posted Even if Affiliated Development's proposal for the property between a discussion in Ocean Avenue and Boynton Beach Boulevard proceeded on the HIGHLAND company's schedule, it could still be as long as nine years before the BEACH Obituary: r. first shovel of dirt is turned. The project mix also includes a public Thomas P. parking garage and open space to attract downtown visitors. Nigra It's not even certain that Affiliated, which was selected in November, will get to do the job. The company had been picked by city yesterday commissioners, who were serving in their role as the Community Redevelopment Agency's board of directors. The CRA owns the property. The Coastal Now, what company is awarded the project—and the fate of the Star posted a project itself—is in the hands of a newly reorganized commission that blog post has two new faces on it following the city's March elections. A thirdObituary: r. new member will be appointed by the new commission to fill a vacant Thomas P. seat and finish the term. Nigra Former Mayor Steven Grant worked to nail down an agreement with Affiliated for its$73 million development proposal before he left office, yesterday but that effort ran into tough resistance at his final CRA meeting on March 9. After hours of attempting to cram through negotiations at the meeting, other commissioners decided more time was needed. kMary Kate Departing Commissioner Christina Romelus asked commissioners to Leming posted ditch Affiliated and go instead with Related Urban, the second-ranked a discussion in applicant that had offered to make a portion of its apartments be DELRAY affordable workforce housing in perpetuity. She called the last-minute Delray Beach: bartering between the CRA and Affiliated President Jeff Burns at the Stuck again meeting "highly inappropriate." CRA attorney Tara Duhy acknowledged the unusual nature of the all- Wednesday out push to get the deal done. "To be clear, obviously we've made some changes, to the extent the board wishes to approve this tonight," Duhy said. "In normal Plippli posted an circumstances, I would recommend that we bring it back to you for event Father's final approval. We're going to go through all of these and I will have Day to do a final legal, technical review because we have been working at Mach speed to get this before you tonight." Wednesday In the end, it was the two commissioners who are remaining— Woodrow Hay and commissioner-turned-Mayor Ty Penserga—who forced a middle ground. Departing Commissioner Justin Katz was Plippli posted an absent. event other's Penserga and Hay did not support Romelus' request to cut ties with Day Affiliated or Grant's rush to finalize a deal with the company. They agreed to have CRA and city staff spend more time negotiating with Wednesday Affiliated. That decision came after City Manager Lori LaVerriere, who does not usually participate at CRA meetings, joined the discussion virtually to Plippli posted an say more time was needed. event Highland "I just ask that you give it time and don't negotiate from the public BeachTown dais. That's not the way to do that," LaVerriere said after Commission commissioners had spent three hours doing just that. "And to provide Meeting some further input to staff to let us continue to weigh in and see if this is a workable deal." Wednesday Some of the major project elements discussed at the meeting included: • Affiliated offered 118 of its 236 apartments as workforce housing for " ` Plippli posted an 15 years using income-eligibility guidelines, with 1 1 of those units kept event Highland as workforce housing in perpetuity. Commissioners wanted more BeachTown workforce housing apartments to be kept that way forever, as Related Commission had offered to do with 63 of the 213 units it proposed building. Meeting • Affiliated said it needed to keep all of the increased tax revenue its Wednesday project produces for a 15-year period as a subsidy to make the workforce housing portion feasible. Commissioners said that was too much and would provide the CRA with no additional money during The Coastal those years to support other projects. By the end of the night, Burns Star posted a proposed receiving only 95% of the increased tax revenues annually, blog post and only to an $8 million maximum over the 15 years. Delray each: • Affiliated originally wanted the city to pay for and take ownership of Stuck again the parking garage, which would include 150 public spaces and 423 private ones. Officials did not support that idea. Instead of reimbursing Wednesday the CRA $5.5 million for the land, as Affiliated initially planned, the company proposed dropping the price of the land to $100 and treating the $5.5 million it would have spent as the city's purchase Pippi posted an price for the public parking spaces. It would be up to the city to eventBoca decide whether to charge the public to use the spaces or offer them Raton City for free. Council • Affiliated plans to move Hurricane Alley Raw Bar & Restaurant from Meeting its Ocean Avenue location to a new home at the north end of the project, along Boynton Beach Boulevard next to the Florida East Coast Wednesday Railway tracks. The developer said there may be a lag between when the restaurant would have to vacate its current location and when it could open at its new site. Pippi posted an A major difference between the Affiliated and Related proposals is event Briny that Related did not include the current century-old Ocean Avenue Breezes To wn buildings, including Hurricane Alley's home, as part of its project. Meeting Instead, it planned to contribute money to help restore them, which also would allow Hurricane Alley to continue business uninterrupted. Wednesday Resident David Katz told commissioners that saving those buildings, previously owned by the Oyer family, which has historical roots in the city, was a reason he thought the CRA should go with Related. Mary ate "For that reason alone, this developer should not be chosen. To tear Leming posted that down is, well, maybe not a crime, but it's a shame," Katz said. a discussion in Related has said it could "restore these important buildings back to life L RAY BEACH as vibrant landmarks, maintaining the existing commercial fabric of Delray each: historic Ocean Avenue. Broken bridge Grant said the buildings, for which the CRA paid $3.6 million in us second December to include in the project site, were an impediment. He said whammy o the Oyer building "is in gross need of repair but, it's too gross. It's neighbors something where there's a reason why it was never historically designated." Wednesday He lamented that the agreement with Affiliated was not accomplished under his leadership. "It's very weird for me to have another project on the doorstep of the Pippi posted an CRA, and then all of a sudden, it kind of gets pulled back. It reminds eventBoca me of the Cottage District, where one of the board members felt that Raton City they had better options and now it's vacant and we have no idea Council what's going to happen with the 4 acres," Grant said. Meeting "For the board to say, 'You know what, Chair, we don't really want you to make this decision; it's better for the next people to make these Wednesday decisions,' after you've been here for six years. It hurts a little and 1'II let you know that." • In other action at the March 9 meeting, commissioners approved an Pippi posted an agreement with restaurateur Anthony Barber, subject to final legal eventBoca review and the CRA's receiving outstanding financial documents, to Raton City purchase and turn the historic Magnuson House on Ocean Avenue Council into a restaurant that will use corrugated steel shipping containers for Meeting kitchen, restroom and storage space. Barber anticipates construction will take about 18 months. Wednesday boynton beach,community redevelopment agency,ocean avenue,hurricane alley, magnuson house,federal highway,affiliated development,related group,historic building, Pippi posted an oyer building event South E-mail me when people leave their comments- Follow Palm Beach Town Council You need to be a member of The Coastal Star to add comments! Meeting Join The Coastal Star Wednesday Pippi posted an event South Palm Beach Town Council Meeting Wednesday The Coastal Star posted a blog post Delray each: Broken bridge us second whammy o neighbors Wednesday Pippi posted an event lantana Town Council Meeting Wednesday Pippi posted an event lantana Town Council Meeting Wednesday Pippi posted an event Manalapan Town Commission Meeting Wednesday are... Report an Issue I Terms of Service ©2022 The Coastal Star Powered by BOYNTO immiBEACH C d CRA BOARD M EETING OF: April 12, 2022 PENDING ASSIGNMENTS AGENDA ITEM: A.1. SUBJECT: Review of Commercial Properties within the CRA Area SUMMARY: At the March 9, 2022 meeting, the CRA Advisory Board was assigned the task of identifying available properties located within key commercial and light industrial areas of the CRA. CRA staff provided the CRAAB with a list of properties found on Costar/LoopNet and the Multiple Listing Service that are being marketed as "for sale." The CRA Board's assignment involves the CRAAB performing research and analysis on these properties. The goal of the assignment is to have the CRAAB provide a priority list of properties or recommendations on whether or not to pursue possible acquisition based on available funding. All land assemblages for future redevelopment shall be in furtherance of the 2016 Boynton Beach Community Redevelopment Plan. Of the properties for sale (see Attachment 1), CRAAB categorized them as one of the following options: • Pursue now as a land banking opportunity; or • Pursue at a future time to be determined by the CRA Board; or • Do not pursue because it does not fit the CRA mission. FISCAL IMPACT: To be determined. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRAAB RECOMMENDATION: Due to lack of quorum at their April 7, 2022 meeting, the CRA Advisory Board was unable to make any recommendations on the following properties: Property Address Pursue Now as a Pursue at a Future Does Not Fit the Land Banking Date CRAMission Opportunity 421 NE 7thAvenue 209 W Boynton Beach Boulevard 321 E MLK Jr. Boulevard CRA BOARD OPTIONS: To be determined based on Board discussion. ATTACHMENTS: Description D Attachment I -421 NE 7th Avenue Property Info D Attachment II -209 W Boynton Beach Boulevard Property Info D Attachment III -321 E MLK Jr. Boulevard Property Map 3/14/22, 12:31 PM 421 NE 7th Ave, Boynton Beach, FL 33435-Industrial for Sale I LoopNet LoopNet- j� e� CoStar°' See all info for this listing. Your CoStarmembership gives you exclusive access to full information about this listing. 421 N E 7t h Ave 9,000 SF 100% Leased Industrial Building Boynton Beach, FL $2,299,000 ($255/SF) 6.93% Cap Rate Warehouses / Florida / Boynton Beach /421 NE 7th Ave, Boynton Beach, FL 33435 !j S a } r r � St `��'ZI � �`,r......,,., v.-:� ��,>a„ t ��1✓}�3�`Yr�, �t �i-� a�� a"1' 1 fly��`dt ti�i �C�1 its t r,,,� 1 ��Y£�s-._ `w" $ i&"t`L�itS r - _ K'u ' ',41,':i'' ,_Cr t�1`t �'r 1s;{i;i,it pis s s n� ' �,ss s'�t t2 .,,�)� ,i.� ,£ t��,, �,.."h ,�t ti „rr•, S"`,' `j bA FIRM, s t INVESTMENT HIGHLIGHTS With inventory at its lowest this first class renovated industrial/ office property will be in high demand mOF The Keyes Company https://www.loopnet.com/Listing/421-NE-7th-Ave-Boynton-Beach-FL/25193471/ 1/7 3/14/22, 12:31 PM 421 NE 7th Ave, Boynton Beach, FL 33435-Industrial for Sale I LoopNet # LoopNet- (� Help < > .x CoStar See all info for this listing. Z Your CoStar membership gives you exclusive access to full information about this listing. 421 N E 7t h Ave 9,000 SF 100% Leased Industrial Building Boynton Beach, FL $2,299,000 ($255/SF) 6.93% Cap Rate EXECUTIVE SUMMARY Totally renovated 9000 sq. ft. industrial building, with new, HVAC, handicapped bathrooms, windows, fenced in yards. Exterior and interior have been painted. This property is a complete turn key for an investor or owner / user. Property: 9000 sq. ft. Industrial building with 0.5108 of one acre. Is divided up into three (3) lease areas in the building and two (2) fenced in yards. Suite B is a medical distribution tenant, occupying 3951 sq. ft. and their lease runs to 10/15/2022 and would like to extend their lease for additional years. Suite A is the owners / seller's space 6923 sq. ft. and is divided into new finished offices, auto showroom and carpentry area. owner is willing to lease back for a period of time until a renovation on another project is completed. Estimated to be finished spring of 2023. Seller is willing to relocate upon a closing, in the event the building is sold to a owner user. The exterior is comprised of two fenced in yards and one is leased to a company that pays $2400 per month and that includes an office in the main building. With inventory at its lowest this first class renovated industrial/ office property will be in high demand. The building can only be viewed with the listing agent David Joseph 561- 789-7726 or davidjoseph@keyes.com FINANCIAL SUMMARY (ACTUAL - 2021) ANNUAL ANNUAL PER SF Gross Rental Income $179,937 $19.99 mpF The § Keyes IL Company https://www.loopnet.com/Listing/421-NE-7th-Ave-Boynton-Beach-FL/25193471/ 2/7 3/14/22, 12:31 PM 421 NE 7th Ave, Boynton Beach, FL 33435-Industrial for Sale I LoopNet # LoopNet (� Help < > .x CoStar See all info for this listing. Z Your CoStar membership gives you exclusive access to full information about this listing. 421 N E 7t h Ave 9,000 SF 100% Leased Industrial Building Boynton Beach, FL $2,299,000 ($255/SF) 6.93% Cap Rate Operating Expenses $6,000 $0.67 Total Expenses $20,646 $2.29 Net Operating Income $159,291 $17.70 PROPERTY FACTS Price $2,299,000 Rentable 9,000 SF Building Area Price Per SF $255 No. Stories 1 Sale Type Investment or Year 1960/2021 Owner User Built/Renovated Cap Rate 6.93% Parking Ratio 1 .64/11000 SF Property Type Industrial Clear Ceiling 12 FT - 14 FT Height Property Subtype Warehouse No. Drive In 6 Grade-Level Doors Building Class B Opportunity Yes Oi Zone Lot Size 0.51 AC AMENITIES mplF The § Keyes IL Company https://www.loopnet.com/Listing/421-NE-7th-Ave-Boynton-Beach-FL/25193471/ 3/7 3/14/22, 12:31 PIVI 421 NE 7th Ave, Boynton Beach, FL 33435-Industrial for Sale I LoopNet # LoopNet- (� Hupp < > .x CoStar See all info for this listing. Z Your CoStar membership gives you exclusive access to full information about this listing. 421 N E 7t h Ave 9,000 SF 100% Leased Industrial Building Boynton Beach, FL $2,299,000 ($255/SF) 6.93% Cap Rate Lighting - Sewer - City Halogen Water - City AERIAL MAP WIN ..... ..... .......... *T-v if mod ZP9 k" g The N Keyes Company https://www.loopnet.co m/Listing/421-N E-7th-Ave-Boynto n-Beach-F L/251 93471 4/7 3/14/22, 12:31 PM 421 NE 7th Ave, Boynton Beach, FL 33435-Industrial for Sale I LoopNet LoopNet- j� e� CoStar°' See all info for this listing. Your Co.Star' membership gives you exclusive access to full information about this listing. 421 N E 7t h Ave 9,000 SF 100% Leased Industrial Building Boynton Beach, FL $2,299,000 ($255/SF) 6.93% Cap Rate ZONING Zoning Coe M1 (Light Industrial) YOU MAY ALSO LIKE Address: 421 NE 7th Ave, Boynton Beach, FL More public record information on 421 NE 7th Ave, Boynton Beach, FIL 33435 The Outer Boynton Beach Industrial Property at 421 SIE 7th Ave, Boynton Beach, FL 33435 is currently available, Contact The Keyes Company for more information, INDUSTRIAL PROPERTIES IN NEARBY NEIGHBORHOODS Downtown Boca Raton Warehouses Hope Warehouses The � Keyes Company https://www.loopnet.com/Listing/421-NE-7th-Ave-Boynton-Beach-FL/25193471/ 5/7 3/14/22, 12:31 PM 421 NE 7th Ave, Boynton Beach, FL 33435-Industrial for Sale I LoopNet # LoopNet- (� He�p < > .x CoStar See all info for this listing. lt.x Z Your CoStar membership gives you exclusive access to full information about this listing. 421 N E 7t h Ave 9,000 SF 100% Leased Industrial Building Boynton Beach, FL $2,299,000 ($255/SF) 6.93% Cap Rate Palm Springs Village Warehouses Ocean Breeze Warehouses Whispering Palms Warehouses Genesis Warehouses NEARBY LISTINGS 601 N Congress Ave, Delray Beach FL 2401-2431 Quantum Blvd, Boynton Beach FL 1309 W Frangipani Cir, Lantana FL 100-113 Commerce Rd, Boynton Beach FL 301 E Ocean Ave, Lantana FL 609 N Railroad Ave, Boynton Beach FL The LoopNet service and information provided therein, while believed to be accurate, are provided "as is". LoopNet disclaims any and all representations, warranties, or guarantees of any kind. The Keyes Company https://www.loopnet.com/Listing/421-NE-7th-Ave-Boynton-Beach-FL/25193471/ 6/7 3/14/22, 12:31 PM 421 NE 7th Ave, Boynton Beach, FL 33435-Industrial for Sale I LoopNet # LoopNet- (� He�p < > .x CoStar See all info for this listing. Z Your CoStar membership gives you exclusive access to full information about this listing. 421 N E 7t h Ave 9,000 SF 100% Leased Industrial Building Boynton Beach, FL $2,299,000 ($255/SF) 6.93% Cap Rate Connect with us 0 (D 0 The ILKeyes L Company https://www.loopnet.com/Listing/421-NE-7th-Ave-Boynton-Beach-FL/25193471/ 7/7 3/21/22,9:02 AM 209 W Boynton Beach Blvd, Boynton Beach, FL 33435-Office for Sale I LoopNet LoopNet- Heap of CoStar°' See all info for this listing. Your CoStarmembership gives you exclusive access to full information about this listing. 209 W Boynton Beach Blvd 1,262 SF Office Building Boynton Beach, FL $750,000 ($594/SF) Medical Offices / Florida / Boynton Beach / 209 W Boynton Beach Blvd, Boynton Beach, FL 33435 f Pt t s� t VB! I E r, t t tr+ 1 3 1 INVESTMENT HIGHLIGHTS Law Real Estate Corp https://www.loopnet.com/Listing/209-W-Boynton-Beach-Blvd-Boynton-Beach-FL/25272133/ 1/6 3/21/22,9:02 AM 209 W Boynton Beach Blvd, Boynton Beach, FL 33435-Office for Sale I LoopNet LoopNet- Help of CoStar°' See all info for this listing. Your CoStarmembership gives you exclusive access to full information about this listing. 209 W Boynton Beach Blvd 1,262 SF Office Building Boynton Beach, FL $750,000 ($594/SF) Sale Type Investment or Owner User Property Type Office Property Subtype Medical Building Size 11262 SF Building Class C Year Built 1952 Price $750,000 Price Per SF $594 Tenancy Single Building Height 1 Story Typical Floor Size 11262 SF Building FAR 0.16 Land Acres 0.18 AC Zoning C2 Parking 6 Spaces (4.75 Spaces per 1,000 SF Leased) Opportunity Zone Yes Oi AMENITIES Central Partitioned Air Heating Offices Conditioning Law Real Estate Corp https://www.loopnet.com/Listing/209-W-Boynton-Beach-Blvd-Boynton-Beach-FL/25272133/ 2/6 3/21/22,9:02 AM 209 W Boynton Beach Blvd, Boynton Beach, FL 33435-Office for Sale I LoopNet t LoopNet- Heap < of CoStar See all info for this listing. Z Your CoStar membership gives you exclusive access to full information about this listing. 209 W Boynton Beach Blvd 1,262 SF Office Building Boynton Beach, FL $750,000 ($594/SF) WALK SCORE 0 Very Walkable (75) TRANSPORTATION Q COMMUTER RAIL Boynton Beach Commuter Rail (Tri-County Commuter) 7 min drive 2.5 mi RTA Delray Beach Commuter Rail (Tri-County Commuter) in min r1ri\/P A _1__mi Law Real Estate Corp https://www.loopnet.com/Listing/209-W-Boynton-Beach-Blvd-Boynton-Beach-FL/25272133/ 3/6 3/21/22,9:02 AM 209 W Boynton Beach Blvd, Boynton Beach, FL 33435-Office for Sale I LoopNet LoopNet- Helly or CoStar°' See all info for this listing. Your CoStar' membership gives you exclusive access to full information about this listing. 209 W Boynton Beach Blvd 1,262 SF Office Building Boynton Beach, FL $750,000 ($594/SF) Number Assessment Land $181,752 Total Assessment $246,386 Assessment YOU MAY ALSO LIKE Address: 209 W Boynton Beach Blvd, Boynton Beach, FF More public record information on 209 W Boynton Beach Blvd, Boynton Beach, FL 33435 The Outer Boynton Beach Office Property at 209 W Boynton Beach Blvd, Boynton Beach, FL 33435 is currently available, Contact Lave Real Estate Corp for more information, OFFICE PROPERTIES IN NEARBY NEIGHBORHOODS Downtown Delray Beach Medical Offices Eden Place Medical Offices Law Real Estate Corp https://www.loopnet.com/Listing/209-W-Boynton-Beach-Blvd-Boynton-Beach-FL/25272133/ 4/6 3/21/22,9:02 AM 209 W Boynton Beach Blvd, Boynton Beach, FL 33435-Office for Sale I LoopNet t LoopNet- Heap < of CoStar See all info for this listing. Z Your CoStar membership gives you exclusive access to full information about this listing. 209 W Boynton Beach Blvd 1,262 SF Office Building Boynton Beach, FL $750,000 ($594/SF) Suncrest Ridge Medical Offices Palm Springs Village Medical Offices Ocean Breeze Medical Offices Whispering Palms Medical Offices Genesis Medical Offices NEARBY LISTINGS 639 E Ocean Ave, Boynton Beach FL 601 N Congress Ave, Delray Beach FL 700-720 W Lantana Rd, Lake Worth FL 1200 S Federal Hwy, Boynton Beach FL 1880 N Congress Ave, Boynton Beach FL 777 W Lantana Rd, Lantana FL 955 NW 17th Ave, Delray Beach FL 955 NW 17th Ave, Delray Beach FL 95 NE 4th Ave, Delray Beach FL 12 SE 1st Ave, Delray Beach FL 114 NE 1st Ave, Delray Beach FL 25 SE 3rd Ave, Delray Beach FL 265 NE 5th Ave, Delray Beach FL 301 E Ocean Ave, Lantana FL 236 SE 23rd Ave, Boynton Beach FL Law Real Estate Corp https://www.loopnet.com/Listing/209-W-Boynton-Beach-Blvd-Boynton-Beach-FL/25272133/ 5/6 3/21/22,9:02 AM 209 W Boynton Beach Blvd, Boynton Beach, FL 33435-Office for Sale I LoopNet t LoopNet- Heap < of CoStar See all info for this listing. Z Your CoStar membership gives you exclusive access to full information about this listing. 209 W Boynton Beach Blvd 1,262 SF Office Building Boynton Beach, FL $750,000 ($594/SF) pj Connect with us 0 (D 0 Law Real Estate Corp https://www.loopnet.com/Listing/209-W-Boynton-Beach-Blvd-Boynton-Beach-FL/25272133/ 6/6 Curfman, Vicki From: Utterback, Theresa Sent: Tuesday, February 22, 2022 10:09 AM To: Shutt, Thuy Cc: Curfman,Vicki; Nicklien, Bonnie; Tack,Timothy Subject: RE: March CRAAB Meeting Properties Hi Thuy, Should we put the Clayton (the property we talked about this morning) property before the CRAAB in March? This is the address and map below: 321 E. Martin Luther King,Jr. Blvd. (outlined in red) Sunny Side in Florida III, LLC is outlined in blue. CRA is yellow. 04 Appflaisaps tt { r k n� r i ➢ tY 4�Ste, �r- svrta�J ti+ya�� r '-9nix �) a� 1 Theresa Ut erbock Deve|opmentServices Manager, Boynton Beach CommunityRedeve|opmentAgency 1OOE. Ocean Ave. | Boynton Beach, Florida 33435 ��1-�UO-�U�4 | �� 561-737-3258 �= ' m�� UtterbockT@bbf|.ua http://vvvvvv.boyntonbeachcra.com America's Gateway tothe Gulfstream Please be advised that Florida has a broad public records law and all correspondence to n-ie via en-lail n-,Iay be subject to disclosure.Under, Florida records law, en-iail addresses are public records.Therefore, your,e-n-iail con-in-wnication and your,e-moi| address moybesubject topublic disclosure. From: Nick|ien, Bonnie Sent:Tuesday, February 22, 20228:10AM To: Shutt,Thuy<ShuttT@bbf|.uo>;Tack,Timothy<TackT@bbf|.uo> Cc: Utterback,Theresa <UtterbackT@bbf|.uo>; Curfman, Vicki <CurfmanV@bbf|.uo> Subject: RE: March CRAABMeeting Properties Morning Everyone, I checked Loopnet and Tax Deed sales this morning and did not see any new listings for CRAAB review so it still stands as the two properties listed in my email below. Please let uoknow ifyou would like tohave the CRAABinMarch orcancel it. The agenda needs topost nolater than Friday. Thanks, Bonnie 2 BonnieNicNien Grants and Project Manager, Boynton Beach CommunityRedeve|opmentAgency 1OOE. Ocean Ave. Boynton Beach, Florida 33435 � ��1-�UO-�U�U | �� 561-737-3258 ' m�m NicNienB@bbf|.ua http://vvvvvv.boyntonbeachcra.com America's Gateway tothe Gulfstream Please be advised that Florida has a broad public records law and all correspondence to n-ie via en-lail n-,Iay be subject to disclosure.Under, Florida records |ovv, email addresses are public records.Therefore, youre-moi| communication and youre-moi| address moy be subject to public disclosure. From: Nick|ien, Bonnie Sent:Tuesday, February 1S, 20223:47PM To: Shutt,Thuy;Tack,Timothy Cc: Utterback,Theresa ;Vicki Curfman Subject: March CRAABMeeting Properties HiThuy, There are two new property listings on Loopnet (see attached): * 234 NE 6 1h Avenue for$1,700,000 * 617NE3'aAvenue for$7S0,000 | also searched the tax deed sales for March and April and did not see active sales of interest tothe CRA. We need to post the CRAAB agenda next Friday. I'll check Monday to see any new listings come up.Then you can direct uotoschedule orcancel CRAAB. Thanks, Bonnie 3 BOYNTO immiBEACH C d CRA BOARD M EETING OF: April 12, 2022 PENDING ASSIGNMENTS AGENDA ITEM: A.2. SUBJECT: Consideration of Using the CRA Owned Property Located at 401 E. Boynton Beach Boulevard as a Welcome Center SUMMARY: On February 26, 2021, the property located at 401 E. Boynton Beach Boulevard was purchased along with the adjacent properties (407 & 411) (see Attachment 1). There were originally two one- story buildings located onsite: 401 E. Boynton Beach Boulevard (2,078 sq. ft.) and 411 E. Boynton Beach Boulevard (3,687 sq. ft.). The property was purchased for future development of the entire block. In July 2021, the building located at 411 E. Boynton Beach Boulevard was demolished due to its condition, high cost of repairs, and lack of adequate parking. In March 2021, pursuant to the direction of the CRA Board, CRA Staff began lease negotiations with Tim Collins for a retail fish market in the building located at 401 E. Boynton Beach Boulevard. On October 13, 2021, CRA staff was able to obtain a $75,000 grant from the Solid Waste Authority for the construction of a new parking lot for 401 E. Boynton Beach Boulevard (see Attachment 11)which will help with the costs of renovation to activate the remaining building. After a year of lease negotiations and the high cost of renovation (approx. $100,000 - see Attachment 111) to bring the building into code compliance the CRA Board and Mr. Collins terminated lease negotiations (see Attachment IV). On March 9, 2022, the CRA Board assigned the CRA Advisory Board the task of looking at the site as a Welcome Center and provide an anticipated cost for such a center (see Attachment V). For the purpose of discussion, attached is a cost estimate performed by the City in August 2021 when the City was interested in the site for other civic or cultural related uses (see Attachment V I). FISCAL IMPACT: To be determined by the CRA Board. CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRAAB RECOMMENDATION: Due to lack of quorum at their April 7, 2022 meeting, the CRA Advisory Board was unable to make any recommendations. CRA BOARD OPTIONS: To be determined by the CRA Board. ATTACHMENTS: Description D Attachment I - Location Map D Attachment II - Parking Lot Layout D Attachment III - Fish Market Renovations Cost Estimate D Attachment IV -3/9/22 CRA Board Agenda Item D Attachment V -3/9/22 C RA Board Meeting M inutes D Attachment VI -City's Cost Estimate �F , ,R 41 Rt ~ Mi" > {tl{ll" 1� M tV v s{ si{ w r un s ( t l i i {{ f 1 A 4 ! r - tt fills�jt�i�L�l ` t ,, }} �i;,2 dxi OL Iq yF - y 0 °N 4 as �v Boynton Beach Fish Depot Location Projected opening costs: Initial costs Rent: $7,500 1St, 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: 1St& 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 BOYNTO mommBEACHCC d CRA BOARD M EETING OF: March 9, 2022 OLD BUSINESS AGENDAITEM: 16.D. SUBJECT: Approval of Termination of Potential Lease Agreement with C Life C Food, Inc. for the CRA- owned Property located at 401-407 E. Boynton Beach Boulevard SUMMARY: On January 11, 2022, Mr. Collins verbally withdrew his Letter of I ntent to lease the CRA property located at 401 E. Boynton Beach Blvd. as a fish market. On January 28, 2022, Lewis Longman & Walker, CRA legal counsel, sent Mr. Collins the attached letter confirming his verbal withdrawal of his Letter of I ntent (Attachment 1). As of this date C RA staff has not had any further correspondence with Mr. Collins. FISCAL IMPACT: N/A CRA P LAN/P ROJ ECT/P ROG RAM: 2016 Boynton Beach CRA Community Redevelopment Plan CRA BOARD OPTIONS: 1. Terminate all negotiations with Mr. Collins regarding the property located at 401 E. Boynton Beach Boulevard. 2. Provide CRA staff with alternative direction. ATTACHMENTS: Description Attachment I - Letter confirming verbal termination AttorneyuatLavv LLEWIS Um+\�vvrn L�N�� .coLW I WALKER Reply To: West Palm Beach January 28, 2O2J Tim Collins 193QNE5th Street Deerfield Beach, FL33441 Re: 4O1E. Boynton Beach Boulevard; Termination mfNegotiations Dear Mr. Collins: On behalf ofthe Boynton Beach Community Redevelopment Agency /"BBCRA"\, please accept this correspondence an formal acceptance of your January 11, 2022, verbal withdrawal of your Letter of Intent for the above referenced property. 88CRA staff will be recommending termination ofthese negotiations at its March 9, 2822, Board meeting. Please let me know should you have any questions regarding the above. Sincerely, � �� o= v Kenneth Dodge, Esquire KVVD/j|b cc.: Thuy Shutt, Executive Director, BB[RA vzwoom^ /ACxsowvuuc ST.PETERSBURG TALLAHASSEE rxxxpx WEST PALM BEACH z4sRiverside Ave. zonSecond Ave.South szsSouth Calhoun St. ao1West Platt St. ssoSouth Rosemary Ave. Suite S10 Suite 501-S Suite 930 Suite 364 Suite 1100 Jacksonville,Florida 32202 St. Petersburg,Florida 33701 r^noxauee'Florida 32301 Tampa,Florida 33606 West Palm Beach,Florida az*uz T:904.353.6410 T:727.24S.0820 T:850.222S702 T:813.775.2331 T:S61.640.0820 F:9043S3.7619 p:rzrzyo4osr F:850.224.9242 F:561.640.8202 �ee11h,,�mgs D�fferenfly` Meeting Minutes CRA Board Boynton Beach. Florida March 9, 2022 want to own, install and replace light poles. There would have been a cost to lease the poles. They will have a very good sidewalk that pedestrians and motorists can see. There is some private development coming on board outside the right-of-way and the shared-use path that will have its own site lighting. On the southern half, there would not be a bike lane on the road, it should be part of the shared-use path. Chair Grant commented as part of his work with Transportation Authority he was able to expand the sidewalk west of the project from six feet to eight feet. Technically, it is not considered a shared-use path, however, under Florida Statute, you can drive a golf cart on it because the sidewalk has to be eight feet to do so. 15. Public Hearing 16. Old Business A. Execution of the Second Amendment to the Purchase and Development Agreement to the Ocean Breeze East Project This item was addressed earlier in the meeting. B. Consideration of the Purchase of Green Acres Condominiums and 409 NE 1st Street Properties This item was addressed earlier in the meeting. C. Discussion and Consideration of a Purchase and Development Agreement with 306 NE 6th Avenue, LLC for CRA-Owned Property Located at 211 E. Ocean Avenue This item was addressed earlier in the meeting. D. Approval of Termination of Potential Lease Agreement with C Life C Food, Inc. for the CRA-awned Property located at 401-407 E. Boynton Beach Boulevard Motion Vice Chair Hay moved to approve. Board Member Penserga seconded the motion. The motion passed unanimously. Chair Grant requested the CRA Advisory Board look at this site as a Welcome Center when the parking lot is done. He requested a motion if they want the GRA Advisory Board to explore. He thought they could provide the anticipated cost for a welcome center if it is within the CRA's purview and learned it was. Motion 10 Meeting Minutes CRA Board Boynton Beach. Florida March 9, 2022 Board Member Penserga moved to approve the assignment. Vice Chair Hay seconded the motion. The motion passed unanimously. D. Palm Beach County Housing Authority Cherry Hill Lots Auction Results Ms. Shutt advised the final result of the first auction was contained in Attachment 2, which was a property owners list with a map of all the property owners that won the bid and closed on the property. There was a second auction and once again the CRA was outbid. The CRA does not know if the three single-family lots closed. If it is the same agreement they previously had for the prior auction, they would have one additional thirty-day extension. They contacted the Palm Beach County Housing Authority to advise they would be happy to coordinate with them for any future development or improvement in the area or if the six properties do not close, because they want them to continually reinvest in the CRA area. Board Member Romelus asked about the outcome of the letter they sent stating their disappointment in the process the Housing Authority uses. Ms. Shutt explained at the time, the Development Director will come back to the Board and give a report on future opportunities. The Director was open to other products such as for sale products and they were looking to rebrand and looking at more modern ways to operate the Housing Authority. They were open to attending a future Board meeting. Board Member Romelus supported making it happen sooner rather than later. She stated the funds are tax dollars for affordable housing they removed from City residents with no accountability. Ms. Shutt advised she would invite them to the April meeting. Chair Grant noted they still own property in the CRA district. They have houses and tenants when the City gave the Housing Authority the land. He wanted them to give a report of properties they have in the CRA knowing that for them to dispose of property, it goes outside of their control for an auction to not have it as affordable housing and to work with them to see if they can upgrade the houses which must be at least 50 years old. Ms. Shutt stated they will be invited to report on the current properties as well as the current proceeds of the auction at the April meeting. F. Discussion and Consideration of a Second Lease Extension Request for Mr. Scott Rudderow located at 517 1/2 E. Ocean Avenue, Apartment #3 This item was withdrawn. G. Discussion and Consideration of a Term Sheet between the CRA and Affiliated Development, LLC for the 115 N. Federal Hwy Infill Mixed-Use Redevelopment Project Attorney Duhy stated the draft Purchase and Sale and draft TERFA Agreement were attached and reflect their proposed deal and terms. It is divided into four sections which will cover what the project will be. the development time line in both agreements, which works together, more specific terms of the purchase and development, and the TERFA. 11 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: 1691000.00 New Parking of Proposal City Of Boynton Beach Public Works Carl Frumenti Project: Fish Depot 401 E. Boynton Beach Blvd. Boynton Beach, FL 33435 ATILANTICSOUTHERN PA L.G A Rich Atzert Account Manager Your Pavement Contractor Company Info Contact Person ATLANTICSOUTHERN PAVINCr AND 5EALCOASENG Rich Atzert Atlantic Southern Paving and Sealcoating Account Manager 6301 West Sunrise Blvd Rich( atlanticsouthem —v qg.corn Sunrise, Florida 33313 Cell: 954-299-6114 Office 954-581-5805 P: 954-581-5805 F: 954-581-0465 htt,l,,,,�://www.atlanticsouthem;:,,,avi'n,,.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 OUTHERN Proposal: Fish Depot T I EAKOATNG PAYING AND SEAtCOAiING 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 Proposal: Fish Depot I sALCOAT 1� PAVING AMC7 iEdLC0A76NG 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 HERN Proposal: Fish Depot TDSEALC ONG PAYfN&AND SEALCOATING SP-1 pl, I� t U _JI�, „j RY31 Notes: Price Breakdown: Fish Depot I LAMATlz PAutN6 AND SEAiCOA7ING 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. MOE We understand that if any additional work is required different than what is stated in this proposallcontract, 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 for a period of up to 30 days from the date of the proposal. THERN Proposal: Fish Depot DSIAL OATING PAYING SIALCOATING HG Payment Terms We agree to pay the total sum or balance in full upon completion of this project. No deposit required. Date: Carl Frumenti I Project Manager Rich Atzert I 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 frumentic@bbfl.us E: Rich@atlanticsouthempaving.com C 561-512-4408 C: 954-299-6114 0:561-512-4408 P: 954-581-5805 F: 954-581-0465 hftp://www.atlantiGsouthern m`�com BOYNTO mommBEACHC d CRA BOARD M EETING OF: April 12, 2022 CONSENT AGENDA AGENDAITEM: 12.A. SUBJECT: CRA Financial Report Period Ending March 31, 2022 SUMMARY: CRA Financial Services staff is providing the CRA Board with the monthly financial and budget reports for the period ending March 31, 2022 (Attachment 1): • Statement of Revenues • Expenditures and Changes in Fund Balance Report • Budget Comparison Schedule - General Fund FISCAL IMPACT: FY 2021-2022 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 reports for the period ending March 31, 2022. ATTACHMENTS: Description Attachment I - Monthly Financial Report for Period Ending March 31, 2022 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-March 31,2022 Total Debt Service Governmental General Fund Projects Fund Fund Funds REVENUES Tax increment revenue 15,941,381 15,941,381 Marina Rent&Fuel Sales 918,882 918,882 Contributions and donations - - - - Interest and other income 96,767 327,031 558 424,356 Total revenues 16,957,030 327,031 558 17,284,619 EXPENDITURES General government 1,837,652 - - 1,837,652 Redevelopment projects - 6,245,104 6,245,104 Debt service: - Principal - - - Interest and other charges - - 138,575 138,575 Total expenditures 1,837,652 6,245,104 138,575 8,221,331 Excess(deficiency)of revenues over expenditures 15,119,378 (5,918,073) (138,017) 9,063,288 OTHER FINANCING SOURCES(USES) Funds Transfers in - 13,513,787 2,140,528 15,654,315 Funds Transfers out (13,104,315) - - (13,104,315) Total other financing sources(uses) (13,104,315) 13,513,787 2,140,528 2,550,000 Net change in fund balances 2,015,063 7,595,714 2,002,511 11,613,288 Fund balances-beginning of year 3,860,106 11,852,619 120,621 15,833,346 Fund balances-end of year 5,875,169 19,448,333 2,123,132 27,446,634 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 -March 31, 2022 Original Budget Final Budget Actual REVENUES Tax increment revenue $ 15,801,715 $ - 15,941,381 Marina Rent& Fuel Sales 1,000,000 - 918,882 Interest and other income - - 96,767 Other financing sources(uses) 100,000 - - Total revenues 16,901,715 - 16,957,030 EXPENDITURES General government 3,797,400 - 1,837,652 Total expenditures 3,797,400 - 1,837,652 Excess of revenues over expenditures 13,104,315 - 15,119,378 OTHER FINANCING SOURCES (USES) Carryover fund balance - Transfers out (13,104,315) - (13,104,315) Total other financing sources(uses) (13,104,315) - (13,104,315) Net change in fund balances $ - $ - 2,015,063 Fund balances-beginning of year 3,860,106 Fund balances-end of year 5,875,169 The notes to the basic financial statements are an integral part of this statement. 1 .F+ > N c o° o° o° o° o° o° o° o° o° o\' o° o° o° o° o° o° o° o° o° o° o° o° o° o° o° o° o° o° o° o° o° o° o° o° f, L N oo a 0 Ln O O O O O m M O oo m ti m Ln Lo M O O N Ln Ln m o o Lo 0 0 ti 0 Lo 0 O W N O m O O O O O cn oo M Ln m to N c-I N c-I O O M to M M O Ln N O O r" O Lr1 O O O O O O O O O O O to n c-I to Lr1 4 to N n O O O W c-I \ M N O l0 n l0 m I" l0 Ln 00 O O m I" n M O m On OM O W W W O �J r-I y N N N N N N i1 /11 M O wO m r" ci Mc N O O N O N N m c-I n c-I Ln O O c-I M M M O c-I O O O c-I O N O N cO Il O M N N LQ -! 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N (� •N r N E fn O N 3 N N w to m O Vf O C o m N •F, coo L a O C Lf1 N Lf1 N P, G O a0 M 3 O O to O l0 t N N G/ o c O m m ma 4, d O c-I O a-I m u O ti n W to m O f1 r, Ln pp N Oq cLr-I m O N O V) O l0 W ' to to I� T 2 r, oo m Ln to O oo lG Q m O M (h c- N o0 N p m M M 0 c ti ti m 0 � � a cq O N O (n M N O Vf m O n m l0 I� n O Vto1 •� N I� N N d m O O O O It I9 O O O O p O O O O 3 m f6 u H LL �o oo O a u O W O T ci O CO N N � Vf o E M 3 ' ' u C W f6 0 0 F t O G d 00 Z Z D U_ W W N w Q u W W W N z O m W � W C LL O O O O Q d 4, G/ M 3 m G m 0 BOYNTO mommBEACHC d CRA BOARD M EETING OF: April 12, 2022 CONSENT AGENDA AGENDAITEM: 12.13. SUBJECT: Approval of CRA Board Meeting Minutes - March 9, 2022 SUMMARY: See attached minutes. CRA BOARD OPTIONS: Approve the March 9, 2022 CRA Board Meeting Minutes ATTACHMENTS: Description Attachment I - March 9, 2022 C RA Meeting Minutes Minutes of the Community Redevelopment Agency Board Meeting Held on Wednesday, March 9, 2022, at 4:30 p.m. Online Via GoToWebinar and In-Person in the City Hall Commission Chambers 100 E. Ocean Avenue, Boynton Beach, Florida PRESENT: Steven Grant, Chair Thuy Shutt, Executive Director Woodrow Hay, Vice Chair Tim Tack, Assistant Director Christina Romelus, Board Member Tara Duhy, Board Counsel Ty Penserga, Board Member ABSENT: Justin Katz, Board Member 1. Call to Order Chair Grant called the meeting to order at 5:45 p.m. 2. Invocation Chair Grant gave the invocation 3. Pledge of Allegiance The members recited the Pledge to the Flag. 4. Roll Call A quorum was physically present and the Board allowed Board Member Romelus to appear virtually. 5. Agenda Approval A. Additions, Deletions, Corrections to the Agenda Thuy Shutt, Executive Director, explained two letters were received. One was from Mr. Fitzpatrick regarding item 16B. He was withdrawing his offer to sell the properties in a bundle. The second letter was item 16F, a lease extension request by Mr. Ruderrow was withdrawn. He found a new place to live and vacated the property. The item could be removed from the agenda. Meeting Minutes CRA Board Boynton Beach. Florida March 9, 2022 Chair Grant requested moving up item 16A, 17D, and 17E to after Consent Agenda and before CRA projects in process. B. Adoption of Agenda Motion Vice Chair Hay moved to approve the agenda as amended. Board Member Penserga seconded the motion. The motion passed unanimously. 5. Legal None 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 Romelus disclosed she had contact with Jeff Burns, Affiliated Development, but did not speak on any agenda related item. She had no other disclosures. She apologized to the Board and public for not appearing. She injured herself and cannot sit or stand for prolonged periods of time. She thanked all for their thoughts and prayers. Board Member Penserga met with Jeff Burns and Nick Rojo regarding their agenda item. Vice Chair Hay had a discussion with Jeff Burns Affiliated. Chair Grant met with Affiliated Development and was present for the Centennial Management ground breaking ceremony. Chair Gran requested moving Anthony Barber's item to before CRA projects and process, item 16 C. Motion Vice Chair Hay move to approve the agenda as reconsidered. Board Member Penserga seconded the motion. The motion passed unanimously. 8. Announcements and Awards A. Appreciation Presentation for Outgoing Board Members 2 Meeting Minutes CRA Board Boynton Beach. Florida March 9, 2022 Ms. Shutt stated the CRA staff and legal counsel thanked Chair Grant and the outgoing Board members for six terrific years. Their leadership and support for CRA staff made a lot of things happen. Projects that have been waiting for several RFPs and RFQs are moving forward and coming to fruition. The CRA presented Chair Grant with a plaque to help him remember all they have accomplished under their leadership. Chair Grant thanked the staff and requested a photo opp. He explained he just gives direction, but staff moves the CRA forward. He was very pleased how the CRA is today compared to years ago. He appreciated working with all of the staff. B. 6th Annual Boynton Beach Blarney Bash Announcement Mercedes Coppin, Business Promotions and Events Manager, reviewed the above event to be held on March 12 from 4 to 9 p.m. The CRA is hosting the above at Centennial and E Ocean Avenue and SE 1St Avenue between Seacrest and SE 1St Street. The free event will have parking available along the event site. There will be live music and entertainment including three live bands, bag pipers Erin's Moore Academy of Irish dance, games and activities for children and adults, a costume contest and more. Patrons are encouraged to stop by CRA booth to spin the Wheel of Luck for a chance to win gift certificates from six CRA businesses and promotional Blarney Bash items. C. Rock the Plaza at Ocean Plaza on March 26, 2022, from 3:00 p.m. to 6:00 p.m. Ms. Coppin reviewed the above event. The event will take place at 640 E Ocean Avenue. There will be live music from the Holidays. Community members would be encouraged to connect with plaza vendors and take advantage of a special Boynton Beach Bucks promotion. Free parking is available at various locations which Ms. Coppin listed. 9. Information Only A. Public Relations Articles Associated with the CRA B. Public Comment Log 10. Public Comments Ernest Mignoli, 710 NE 7t" Street, Unit 407, stated 42 years ago the project built by the current Board president's father has major problems. He noted the CRA is concerned about buying and developing land, building high rises, creating jobs and roof top bars, and improving businesses and residences. He commented a neighbor lives on 7t" Avenue and with new approvals, commercial building is up to 50% and there is construction in the street. There is noise and they say they are creating more jobs. He thought the CRA Board for the last six years should be looked at by the county and state because when he comes to the meeting, there is almost no public comment, no 3 Meeting Minutes CRA Board Boynton Beach. Florida March 9, 2022 one knows or likes what is going on and no one can comment. What they think the city needs is far from what the residents think is needed. He thought not involving the public was a little disgraceful. The few times the public does show up, the Board votes against them and everything is political. He had to wait 10 minutes at an intersection to get here. Board Member Romelus stated for the record she did not interfere with Mr. Mignoli's comments. She attended virtually and there was interference while Mr. Mignoli was speaking, but it was not from here. No one else coming forward, public comment was closed. 11. GRA Advisory Board A. CRA Advisory Board Meeting Minutes - November 4, 2021 B. CRA Advisory Board Meeting Minutes - February 3, 2022 C. Pending Assignments Ms. Shutt advised the CRA Advisory Board met on February 3rd and was asked to weigh in on several available properties through the market or property representatives. She commented out of the five properties, there were two properties the CRA Advisory Board recommended pursuing which was the 2821 S. Federal Highway property by Homing Inn that is for sale, which can be considered a blighted property. The second property is 1213 NW 4t" Street, which is the Cherry Hill Mart. The CRA Advisory Board recommended pursing the property to land bank. The price is $400K. Chair Grant thought they should speak to the listing agent, get an appraisal, see if they have the funds and see if they want to discuss pursuing it at the next meeting. Vicki Hill, Finance Director, stated funds are tight now but funds were coming soon. They have $400K, but they have payments for the Oyer property that must be completed. Ms. Shutt noted they can look at it because they no longer have the project on 1St Street. There are obligations for the 217 N Seacrest property for $1.4M and debt service. They would love to pursue the Cherry Hill Mart, but there is a lease. She wanted the Board to direct staff to work with their attorney because there is 18 years left on the operators lease. There was consensus to proceed to pursue the property. D. Reports on Pending Assignments 1. Review of Commercial Properties within the CRA Area 12. Consent Agenda A. Approval of CRA Special Board Meeting Minutes - November 30, 2021 4 Meeting Minutes CRA Board Boynton Beach. Florida March 9, 2022 B. Approval of CRA Board Meeting Minutes - January 10, 2022 C. Approval of CRA Special Board Meeting Minutes - February 1, 2022 D. CRA Financial Report Periods Ending January 31, 2022 and February 28, 2022 E. Approval of Third Amendment to the Granicus, LLC Agreement for Website Design, Build and Maintenance Services F. Approval of a 6-Month Extension to the Commercial Rent Reimbursement Grant Program in the Amount of$5,784 for H. Longo Insurance Associates, Inc. d/b/a Allstate Insurance Located in Gulfstream Professional Building at 500 Gulfstream Boulevard, Unit 201 G. Approval of a 6-Month Extension to the Commercial Rent Reimbursement Grant Program in the Amount of$5,871 for Premier Medical Center of Boynton Beach, LLC located at 326 W. Boynton Beach Boulevard H. Approval of Commercial Property. Improvement Grant Program in the Amount of $25,000 for Southern Golf Cars, Inc. located at 425 NE 4t" Street I. Approval of Commercial Property Improvement Grant Program in the Amount of $25,000 for Southern Golf Cars, Inc. located at 501 N. Federal Highway J. Approval of Commercial Property Improvement Grant Program in the Amount of $25,000 for Southern Golf Cars, Inc. located at 507 N. Federal Highway K. Approval of Commercial Property Improvement Grant Program in the Amount of $25,000 for Appliance King of America, Inc. located at 622 N. Federal Highway Motion Vice Chair Hay moved to approve the Consent Agenda. Board Member Penserga seconded the motion. The motion passed unanimously. He congratulated all of the recipients of their commercial grants. 16 A. Execution of the Second Amendment to the Purchase and Development Agreement to the Ocean Breeze East Project (Heard out of Order) Ms. Shutt presented the item and explained the Board directed and approved the amendment to use space on the premises for community uses other than the Neighborhood Officer Program. The GRA budgeted $115K with $65K of it contributed by the CRA and $55K by Centennial Management. One minor change to section 2 H.7. would allow Centennial and the lender to have the final say on the tenants. Chair Grant asked if the Board could receive a presentation from Centennial about what they are 5 Meeting Minutes CRA Board Boynton Beach. Florida March 9, 2022 providing to the community. The CRA would be approving a commercial grant to a for- profit corporation to build out space. Ms. Roque stated they will consult with the CRA before placing them in the unit. Motion Vice Chair Hay moved to approve. Board Member Penserga seconded the motion. The motion passed unanimously. 17. D. Discussion and Consideration of a Consent and Funding Agreement between the GRA, the City of Boynton Beach, TD BANK, N.A., and Centennial Management Corp./Wells Landing Apartments, LLC for the MLK Jr. Boulevard Corridor Mixed Use Project (Heard out of Order) Ms. Shutt explained this item was requested by TD Bank on behalf of Centennial Management. It is the Consent and Funding Agreement needed to close on the loan. Board direction is needed because there will be no recourse for the CRA to recapture funds should the project fail. Attorney Duhy explained Kathryn Rossmell, Attorney, Lewis Longman and Walker, was working on the matter with Centennial. Attorney Rossmell was present and explained there is a set of agreements which are two separate agenda items related to one another, but she will explain them together. The first agreement is the Consent and Funding Agreement and the second is the Subordination Agreement. It subordinates the CRA's remedies in favor of the lender. The first agreement does not substantially change the CRA's obligations beyond what they already agreed to, except to provide for assignment. It would provide the bank with notice if Centennial defaults and the notice would provide the bank notice which would give them the option, but not the obligation to take over the agreement. If that occurred, the CRA would not have much recourse to recoup funds put towards the project. The Subordination is similar to the one signed for Ocean Breeze East with a similar effect. It overrides the CRA's ability to exercise its main remedies, which is the reverter clause. The bank would have the first position to take over the property. Chair Grant asked if they were given the documents regarding the Florida Housing Finance Corporation agreement with Centennial and learned they would. Ms. Shutt explained the $30M for the project is the assurance of preserving the tax credit units for 50 years, and in essence, in perpetuity as it would be refinanced on a tax credit deal. It also supports the units and overages that happened to the cost of materials as presented by Centennial to make the project work. The project is under construction now so the risk is less and the project will likely be done under a year. There are timelines in the original purchase and agreement that holds Centennial to the milestones and the City Commission already approved the design. All is ready to go and the permits are issued. They have started construction. They were waiting for final impact fee credits. Motion 6 Meeting Minutes CRA Board Boynton Beach. Florida March 9, 2022 Vice Chair Hay moved to approve the Consent and Funding agreement. Board Member Penserga seconded the motion. The motion passed unanimously. Chair Grant asked for a motion for the Subordination agreement. Motion Vice Chair Hay moved to approve. Board Member Penserga seconded the motion. The motion passed unanimously. 16 C. Discussion and Consideration of a Purchase and Development Agreement with 306 NE 6th Avenue, LLC for CRA-Owned Property Located at 211 E. Ocean Avenue (Heard out of order) Ms. Shutt explained the item is for the Board to review the Purchase and Development Agreement forwarded to Mr. Barber. He and his partner submitted documentation for the 211 E Ocean Avenue property known as the Magnuson House. It is for an entity named 306 NE 6t" Avenue LLC. Staff is waiting for Mr. Barber to provide documents how the Barber family will be part of the entity. The Board approved this to move forward with the Agreement to ensure they assist a local Boynton business to operate a new container restaurant concept on the site. Staff has some information, but needs minor authorization from Mr. Mayo as he is the officer of the new entity and staff needs documentation that $1 M in funding from Mr. Mayo will be dedicated to the project to move it forward. The CRA wants comments from Mr. Barber and partner about issues they may have with the Purchase and Development agreement. Since the Agreement dictates the property will not be turned over until renovations were complete, so site protection and indemnification measures are needed. They are contained in the agenda item cover. Chair Grant was concerned the Letter of Intent was with the Barber Family LLC. Mr. Barber explained they applied for the 211 E Ocean Avenue LLC in September, but the State was backlogged and there was another corporation they decided to use in its place and he forgot to send it to Ms. Shutt He did have documents that show the Barber family and Mr. Mayor joined. Chair Grant noted it lists Mr. Mayo as the manager and he wanted to ensure Mr. Barber was a member. Staff got the financials from Mr. Mayo indicating he has the means to cover $1 M, but staff wants to ensure the contribution to the project is dedicated to the project site. The CRA has the right of first refusal and there is a reverter in place until completion. Mr. Barber is a 50% owner. Chair Grant suggested approving it subject to Legal review and approval of Mr. Barber's ownership documents and approval of ownership and the attorney will weigh in for the indemnification of the 306 LLC, site restoration language, bonding, insurance and financing. They are standard provisions in an agreement and there is language the CRA retains an ownership interest. Motion 7 Meeting Minutes CRA Board Boynton Beach. Florida March 9, 2022 Board Member Penserga moved to approve the amended agreement subject to review by Legal. Vice Chair Hay seconded the motion. Chair Grant opened public comment. Mr. Mignoli commented he thought Board Member Romelus would be directly involved as the project is in District III. He thought when there is development in a district, there is a Commissioner. He asked why the public, if they ask questions or find something out from the lawyer or City Clerk, is not involved in the process. He commented they do not know anything until they meet and the Board just approves everything. Mr. Barber stated he is a life-long city resident. He submitted this project in June and it has been on the agenda multiple times. If the public had comments like Mr. Fitzpatrick and Kim Kelly did, these people made public comments about his project. The idea that this is something underhanded or slighted was disrespected. Mr. Mignoli thought the only good thing is these meetings are recorded and the Board allows applicants go after people who have questions. No one else coming forward, public comment was closed. Vote The motion passed unanimously. 13. Pulled Consent Agenda Items 14. CRA Projects in Progress A. Art Walk Event Recap Ms. Coppin presented a recap as contained in the meeting materials. There was rain which affected attendance, but overall, it was a very nice event and Rolando Barerra was happy with the event and the additional exposure. The CRA assisted with advertising the event and providing logistical support for lawn maintenance, cleaning the event site, and booking the entertainment . The Map Dance Theater performed, there was a unique DJ and they procured light towners, Port-O-Lets and tents The CRA will provide additional social media assistance to Mr. Barerra again The CRA added additional light towners on Industrial Avenue, but additional lighting was still needed. There was off-site parking and a trolley service, but the majority of attendees did not use it. She also spoke with the Police Department regarding traffic control or a crossing guard and they approved money for Southern Golf Carts and will see if they can help with shuttles for CRA events. B. Rock the Plaza at Ocean Palm Plaza Event Recap 8 Meeting Minutes CRA Board Boynton Beach. Florida March 9, 2022 Ms. Coppin advised the first Rock the Plaza Event of the year was held on Saturday February 261h. There was a Boynton Beach Bucks offer for four plaza business and $5 off any purchase to Amore Bakery. A $10 Boynton Beach Bucks was offered for your CBD store, Wavemax Laundry and Florida Tackle Shop for any purchase. Boynton Beach Bucks are still ongoing. Staff extended them past the event since they were not all redeemed and they can be redeemed up to a maximum of$500. Overall, businesses were satisfied with the exposure. There was not a huge turnout, but attendees were very engaged with the activities they had. Chair Grant thought they should coordinate more with the City as there was a competing event at Sara Sims Park and they are planning more events than they had in the past. C. Social Media & Print Marketing Update Renee Rosario, Social Media and Communications Specialist, reviewed they completed a variety of marketing initiatives as contained in the meeting materials. D. CRA Economic & Business Development Grant Program Update Vicki Curfman, Administrative Assistant, stated they approved six additional grants: four were new businesses and two were six-month extensions. So far, they approved up to $179K in grants. She reviewed her methodology and advised they will reach out to businesses regarding grants and the SMOP program. E. Project Update for the Boynton Beach Boulevard Complete Street - Decorative Pedestrian Lighting Tim Tack, Assistant Director, advised the above projects included a lane width reduction and the expansion of the existing sidewalk on the south side of Boynton Beach Boulevard to 15-foot shared-use path into a nine-foot sidewalk on the north side, the addition of pedestrian lighting and the installation of nine mid-block pedestrian crossings and enhanced connectivity to the Intracoastal Waterway (ICW) and City Marina is proposed by adding shared-lane markings from US 1 to the ICW. Included in the project is shared lane and signage on SW 3rd Street from Ocean Avenue to Boynton Beach Boulevard and on Ocean Avenue between SW 31d Street and US 1. On January 13, 2022, the City confirmed the elimination of the decorative lighting. Relocation of the existing FPL facilities underground was too expensive and the inclusion of decorative lighting with the existing PL facilities will diminish the aesthetics. There would be too many different types of poles as well as the sidewalk improvement. Using the existing concrete polls will provide synchronization and make them look similar to the same LED fixtures and the same type of arm. They will supplement the north side to ensure they meet the minimum lighting requirements. Chair Grant inquired about the cost. Ms. Shutt responded they do not have the valuation, but thought it would reduce the cost. Mr. Tack explained they would pay more with decorative lights from FPL. It will be the cobra style arm and fixture head affixed on their poles. Ms. Shutt explained they would have leased those poles anyway if they had decorative lights because the City did not 9 Meeting Minutes CRA Board Boynton Beach. Florida March 9, 2022 want to own, install and replace light poles. There would have been a cost to lease the poles. They will have a very good sidewalk that pedestrians and motorists can see. There is some private development coming on board outside the right-of-way and the shared-use path that will have its own site lighting. On the southern half, there would not be a bike lane on the road, it should be part of the shared-use path. Chair Grant commented as part of his work with Transportation Authority he was able to expand the sidewalk west of the project from six feet to eight feet. Technically, it is not considered a shared-use path, however, under Florida Statute, you can drive a golf cart on it because the sidewalk has to be eight feet to do so. 15. Public Hearing 16. Old Business A. Execution of the Second Amendment to the Purchase and Development Agreement to the Ocean Breeze East Project This item was addressed earlier in the meeting. B. Consideration of the Purchase of Green Acres Condominiums and 409 NE 1st Street Properties This item was addressed earlier in the meeting. C. Discussion and Consideration of a Purchase and Development Agreement with 306 NE 6th Avenue, LLC for CRA-Owned Property Located at 211 E. Ocean Avenue This item was addressed earlier in the meeting. D. Approval of Termination of Potential Lease Agreement with C Life C Food, Inc. for the CRA-owned Property located at 401-407 E. Boynton Beach Boulevard Motion Vice Chair Hay moved to approve. Board Member Penserga seconded the motion. The motion passed unanimously. Chair Grant requested the CRA Advisory Board look at this site as a Welcome Center when the parking lot is done. He requested a motion if they want the GRA Advisory Board to explore. He thought they could provide the anticipated cost for a welcome center if it is within the CRA's purview and learned it was. Motion 10 Meeting Minutes CRA Board Boynton Beach. Florida March 9, 2022 Board Member Penserga moved to approve the assignment. Vice Chair Hay seconded the motion. The motion passed unanimously. D. Palm Beach County Housing Authority Cherry Hill Lots Auction Results Ms. Shutt advised the final result of the first auction was contained in Attachment 2, which was a property owners list with a map of all the property owners that won the bid and closed on the property. There was a second auction and once again the CRA was outbid. The CRA does not know if the three single-family lots closed. If it is the same agreement they previously had for the prior auction, they would have one additional thirty-day extension. They contacted the Palm Beach County Housing Authority to advise they would be happy to coordinate with them for any future development or improvement in the area or if the six properties do not close, because they want them to continually reinvest in the CRA area. Board Member Romelus asked about the outcome of the letter they sent stating their disappointment in the process the Housing Authority uses. Ms. Shutt explained at the time, the Development Director will come back to the Board and give a report on future opportunities. The Director was open to other products such as for sale products and they were looking to rebrand and looking at more modern ways to operate the Housing Authority. They were open to attending a future Board meeting. Board Member Romelus supported making it happen sooner rather than later. She stated the funds are tax dollars for affordable housing they removed from City residents with no accountability. Ms. Shutt advised she would invite them to the April meeting. Chair Grant noted they still own property in the CRA district. They have houses and tenants when the City gave the Housing Authority the land. He wanted them to give a report of properties they have in the CRA knowing that for them to dispose of property, it goes outside of their control for an auction to not have it as affordable housing and to work with them to see if they can upgrade the houses which must be at least 50 years old. Ms. Shutt stated they will be invited to report on the current properties as well as the current proceeds of the auction at the April meeting. F. Discussion and Consideration of a Second Lease Extension Request for Mr. Scott Rudderow located at 517 1/2 E. Ocean Avenue, Apartment #3 This item was withdrawn. G. Discussion and Consideration of a Term Sheet between the CRA and Affiliated Development, LLC for the 115 N. Federal Hwy Infill Mixed-Use Redevelopment Project Attorney Duhy stated the draft Purchase and Sale and draft TERFA Agreement were attached and reflect their proposed deal and terms. It is divided into four sections which will cover what the project will be. the development time line in both agreements, which works together, more specific terms of the purchase and development, and the TERFA. 11 Meeting Minutes CRA Board Boynton Beach. Florida March 9, 2022 Chair Grant looked at cover sheet and inquired if the CRA Board can approve the documents subject to legal approval. Attorney Duhy explained the only document required to be finalized is the garage. The way it is currently worded is the CRA public spaces will be subject to a lease, substantially in the form of an attachment, which the Board does not have. If approved tonight, the language would have to be to subject to a lease and then the Board would have to provide direction that Affiliated would need to agree to and bring the lease forward in the future. Chair Grant wanted move forward with what they can approve tonight subject to Legal approval. Attorney Duhy reviewed the item The RFP noted the affordability will be calculated according to the Boynton Beach Area Median Income (AMI). There were concerns from the developer that because it is not published recently and the lender may have issues with it, that proposed a definition of AMI that would be either the Palm Beach County AMI as published annually, or the City of Boynton Beach if it is published annually, as determined by the lender. Board Member Penserga asked if the Board should know the Boynton Beach AMI first as it may present a financial challenge that would question their calculations for the project. The City does not annually post their AMI. The County publishes the West Palm Beach and the Boca metropolitan numbers. The Housing Authority posts, but for rental projects, it needs to be broken down for the household and broken down for the affordability ranges for rental projects. It can be obtained through HUD. Jeff Burns, Affiliated Development, stated they were comfortable using the Boynton Beach AMI. They wanted options and HUD is a lender they use. They had to have language to have flexibility so they would not exclude lenders that may want to finance the project. They have no issue complying with Boynton Beach AMI, which is approximately $20K less than the West Palm Beach AMI. Board Member Penserga suggested the City put something publish the amounts on a regular basis. Chair Grant was concerned Affiliated was using a much higher data set. Attorney Duhy suggested saying the City of Boynton Beach published AMI unless required to use Palm Beach County's by the lender. The next item is the breakdown of the rental apartment building proposed to include 236 rental units subject to: the units will be rented according to following ratios regardless of how many units are constructed. The words "regardless of how many units are constructed' was added because they may build more units and they wanted to apply those ranges to the additional units as follows: Tier 1 - 3.8% of the total rental units to tenants that earn up to 80% of the AMI; Tier 2 — 22.6% for renters earning up to 100% of the AMI; Tier 3 — 23,6% for the renters earning up to 120% of the AMI; and Tier 4 the remaining units shall be unrestricted. The Tier 1, 2 and 3 units shall be restricted, and the total rental units and affordability requirements may be adjusted as may be required to meet minimum Code requirements for the City's workforce housing program and at no time shall Tier 1, 2 and 3 units be less than the total rental units. The affected units 12 Meeting Minutes CRA Board Boynton Beach. Florida March 9, 2022 shall remain affordable for 15 years. Ten percent of the restricted units shall remain affordable for an additional 10 years following the expiration of the affordability term. Board Member Romelus understood the rates and thought the problem is 10% of the restricted units will continue on for an additional 10 years means only 11 units. She thought it raised a red flag and it was not affordable to residents on an ongoing manner. Mr. Burns explained their original proposal was for 15 years. They are providing half of the units to be restricted. One thing that is different with this project from other affordable projects is this is not funded through tax credits and investor capital is used. They have 15-years because that is what their investors require. A lot of investors have trouble seeing beyond 15 years and it is why affordable housing projects are usually less. Palm Beach County, Broward, Hollywood, West Palm Beach all have 15-year affordability terms. They added additional affordable units for 25 years and he did not feel it would have an impact on funding the project. Mr. Burns was unaware of any housing program that has a requirement for affordable units in perpetuity. The property has to be maintained and that means they need funds to do so. Originally, their term was for the life of the CRA and then reduced to 15 years to match the affordability period. This allows additional revenue for the CRA they can use to help subsidize additional units beyond the 15-year term. Board Member Romelus noted the CRA is an investor as it uses their land for 15 years at 100% of the TERFA. For the first 15 years they get 118 units, but for the next 10 years, there are 11 units out of 236 units. They wanted a mixed-income development, but it is not mixed-income over the long term. Other developers have done this in perpetuity. It has been done. She commented Boynton Beach is still one of the few affordable cities to live in. Chair Grant commented affordable housing is different things to different people. The CRA is subsidizing the units for 15 years, which is their investment for new tenants coming in. The developer is offering what was requested. The CRA subsidized Ocean Breeze East, the Heart of Boynton Village apartments. For 15 years, it will be a mixed- income project subsidized by the CRA to get what they determine is affordable because it is subsidized by the tax payers. After the 15 years, the burden is no longer on the CRA as they are getting the full taxes. Chair Grant commented they are offering housing below market rates and there are not many options available. He asked about the mix of bedrooms would be the same percentage. If they are not moving forward with subsidized housing, there is no alternative, and it is a waiting game for the future. Only one developer in five offered affordable housing in perpetuity, but they did not offer parking which is also a big expense. Board Member Penserga understood housing could be made affordable in perpetuity because of the subsidy. He noted the CRA sunsets in 18 years and they did have another proposal that shows the units could. He asked what the difference was. Mr. Burns explained the developer offering the project in perpetuity is a merchant builder 13 Meeting Minutes CRA Board Boynton Beach. Florida March 9, 2022 who builds and sells to the highest bidder when the project is done. Affiliated is a long- term holder in a qualified opportunity zone. If they had the ability to maintain TIF longer than 15 years, they could look at something longer and on a larger scale, but the economics do not make sense. Board Member Penserga was displeased with the additional 10% and asked if there was wiggle room. Mr. Burns thought they could increase it to more than 10%. Board Member Romelus reiterated she wanted affordable units in perpetuity. Mr. Burns replied they have never done it. In order to appease Board Member Romelus they could agree to keep the 10% in perpetuity, if they go with more units, it all goes pro rata in perpetuity. Chair Grant explained the other 95% would subsidize those units because there would not be TIF. The other units are market rents and the developer would not be charging higher rents to subsidize the affordable units. The 11 units would continue in perpetuity at an affordable rate, split amongst the tiers represented. Board Member Romelus thought these provisions should be included in all developments. Attorney Duhy reviewed the required elements and stated there is a minimum of 16,800 feet of commercial space for restaurant, retail and office. The next required element is a minimum of 150 parking spaces open to the public in perpetuity subject to a lease agreement executed by the parties in a form substantially similar to the agreement as contained in Exhibit D in addition to the number of parking spaces needed for the residential and commercial components to the project. Although the CRA spaces are separate from the parking spaces designated for residential and commercial uses, they shall be included in determining the total number of spaces required for compliance of the residential and commercial units with the minimum Code requirements. There are 25 on-street parking spaces. Board Member Romelus asked about cost. Mr. Burns explained the RFP contemplated the GRA or City owning the entire garage. It would require a Bond issuance. Staff spoke with Bond counsel who thought it was risky. Staff asked if they would build and own the garage and they would do a lease for 150 spaces. It is the same like in Lake Worth and lease the spaces to the CRA. To be able to justify the spaces, it would require an upfront capitalized lease payment with ongoing annual lease payments, which they have done before. After more discussion, the preference was for those 150 spaces to cost as little as possible or no obligation as possible. He noted those spaces could generate revenue. It would be a CRA asset and eventually the City's. Affiliated ran 11 different options showing different payments down to zero payment obligations and the feedback was that was the best option. The City can generate revenue on the 25 on-street parking spaces and the 150 spaces in the garage. It would generate substantial revenues. One idea to lessen the capitalized lease and ongoing lease payments for those spaces was to reduce the purchase price dollar for dollar to pay for it. They wanted parking available for commercial and in addition to more than the City 14 Meeting Minutes CRA Board Boynton Beach. Florida March 9, 2022 required. Affiliated proposed to build the garage for $5.515M with 150 spaces, plus the operation and maintenance costs. It would be a no cost lease payment, but there would be a pro-rata share for operating the garage. It was noted the 25 on-street parking spaces. There were 88 spaces more than Code. The CRA was going to be the owner of the garage and they wanted to lease back spaces. Their proposal changed to address how they would pay for those spaces. They have to lease them or sell them to the City and CRA in some capacity. The 150 spaces will be the CRA's and when it sunsets, they will go to the City in perpetuity. Ms. Shutt explained each space cost $26K to $30K. Affiliated offered to build them at $5.5M. Attorney Duhy explained there is no cost in the agreement associated with the garage. The ongoing payments will be the lease payments of zero dollars plus operating costs. What changed in the proforma from the RFP to the agreements was the RFP anticipated the CRA would float bonds and construct the garage and lease spaces to Affiliated. That changed and their proforma changed. In the initial proposal, Affiliated would pay the CRA $5.5M now with them building the garage, they are now proposing to pay the CRA for the property. The difference in cost as a result of the City being able to build the garage. Board Member Romelus asked if it was financially feasible and prudent for the CRA to do so. Ms. Shutt responded subject to negotiating the parking terms in the parking lease agreement with the City. It is a tri-partied agreement and she cannot speak for the City because the lease term will survive after the CRA sunsets. The Board has to weigh the public benefit of owning 150 spaces for the price offered by Affiliated in return for them paying for the land. It is a Board decision. Board Member Romelus requested City staff speak on the matter. Chair Grant noted the parking garage in Marina Village, Casa Costa is a revenue generator for the GRA. If the CRA entered a lease payment to Affiliated, it could have lower prices so the CRA would have some money up front and then pay over time. Mr. Burns explained Andrew Mack, Assistant City Manager and City Manager Lori LaVerriere were part of the conversation and analysis that led them to this proposal. The lease term would extend beyond the life of the CRA and the City would have to be a party and sign a joinder. The City would inherit the agreement. Vice Chair Hay did not think it would be beneficial because there is no downtown to support it, nor did he think it was a revenue generator. He had questions and concerns. Chair Grant explained they do not have to charge for parking because it will already have been paid. Ms. Shutt explained the option for the parking lease agreement allows the City to charge in the future. The issue at hand was if the Board wants them to build the garage now. The RFP indicated 150 spaces were needed. Ms. Shutt explained the garage will include 423 spaces for all the private development space. If the garage cost $10M, the CRA would pay $5.5M for the 150 spaces, but Affiliated is designing and building it, financing it, and it will be controlled and managed by them. The CRA can eventually have the opportunity to meter it, have pay stations or keep it free for the public. They believe the area will be significant and generate revenue. It could be a potential Brightline stop and the garage would be beneficial. They would lease the spaces and 15 Meeting Minutes CRA Board Boynton Beach. Florida March 9, 2022 their proposal changed. Mr. Burns believed there would be significant demand for parking. He reviewed the history. Attorney Duhy noted language would need to change the lease form has not been approved by the City and there will need to have a joinder. It will also need to reflect there will be a zero dollar a month lease payment and pro-rata share of acceptable operating and maintenance costs. She made a note the language change is to reflect that to be acceptable to City and CRA as she stated. Attorney Duhy explained there are two parts to this project. There are the parts that will be part of the site plan that the developer will go through and the City will have regulatory authority of those. She is not speaking to that. The agreement only speaks to the required elements she just spoke about which they can enforce. The development timeline is the second piece of the project that crosses agreements. The timeline is relevant to both agreements. Attorney Duhy reviewed the effective date is the date the last party signs the agreement. Affiliated would be required to file an application for a site plan within six months of the effective date. The site plan is one of many approvals they will require from the city to construct the project. The land use approvals mean the developer will not close on the property until they receive all of the land approvals, which means site plan, zoning, platting and replatting and any other City approvals they might need to build the project. They are required to use reasonable diligence to obtain the land use approvals she mentioned, but there is no set time frame for them to receive the land use approvals, only to use due diligence after filing the site plan to obtain them all. When they do obtain the land use approvals, they are required to close on the property within 36 months or three years after receiving the land use approvals. Board Member Penserga asked if three years was the normal time frame to close. Mr. Burns explained all the other agreements they have had with the City was between three to five years. Commencement or construction was proposed within three years. They will move as expeditiously as possible. Attorney Duhy advised the Board can only enforce the terms in the agreement. There is an open period of time. As long as they are using due diligence. The Board can enforce it if they feel they are not using good faith and due diligence to receive the land use approvals for the project. After they receive them, it is three years for closing. Commencement of Construction is proposed within 36 months or three years of the closing date. It gives Affiliated approximately one year for land use approvals and give or take three years to close. That is seven years to commence construction. Board Member Penserga noted that was a very long time and Affiliated has the ability to extend for 12-months. Mr. Burns explained the intent was to have a total of five years between purchasing and commencing with construction. If they needed extensions. They can reduce commencement of construction from 36 months to 24 months. They can ask for two, twelve-month extensions to the closing date. The 12-month extension 16 Meeting Minutes CRA Board Boynton Beach. Florida March 9, 2022 is for the period of time they bought and closed on the land. The 24 months goes by and they have not commenced construction, they can approach the Board and apprise them they are continuing to move forward with their plans, renewing permits and taking steps to show they are diligently trying to close the project. The purpose for it was Affiliated will have a tremendous investment in this and they can only get their investment back by completing the project. They wanted ample time to accommodate unforeseen circumstances. They can reduce the commencement of construction from 36 months to 24 months. Attorney Duhy noted they can request two 12-month extensions to the closing date subject to the Board's approval, which shall not be unreasonably withheld as long as they are showing due diligence. Chair Grant asked hypothetically the longest the project could take. Attorney Duhy responded some of it is speculative because of the land use approval process is not set forth because they cannot say how long the City would take. It is a common reason why lots of people do not want to agree to a deadline to obtain approvals. They are required to use due diligence. If they say, for discussion, it would take a year to get all the land use approvals from the City to get a building permit. They would be looking at one and a half years for land use approvals, three years to close, for a total of four and a half years, if they use the two 12-month extensions its six and a half years, then commence construction in two years, that is eight and a half years and if they ask for another extension, it would be nine and a half years before the commence construction maximum. Board Member Penserga commented almost a decade is not acceptable. Mr. Burns stated their goal is to have five years to be able to go and execute on it. The purpose of the extensions should not be included in the math because it can be withheld, provided they are not diligently pursuing the project. If they ask for an extension, they would have to provide evidence they are moving forward and there is a good reason why they are not able to close or commence during that period of time. In his conversations with the City, he was told about six months to obtain approvals. This will be their first project in the City, so they are a little unfamiliar with the time frames as things vary from city to city. Chair Grant noted the effective date is when the contract is signed and the application for Site Plan is to be submitted so within 100 days of the effective date, they will have to submit the plan to the City for approval. Because the City and CRA did not already change the zoning to mixed-use core, the Affiliated has to pay the money upfront to change the zoning. He asked if the other two parcels are part of the block. Mr. Burns responded he is unfamiliar with those procedures with the City. The RFP was unclear whether or not the rezoning was going to occur administratively or be something that was part of their proposal. They can proceed in either direction, but it affects their timeline and the investment amount they would make to obtain the approvals. He commented assuming from the effective date, they would need time to refine the drawings, have meetings with the City to try to understand the procedure, the requirements they would need to adhere to in order to submit an application for site plan approval. Mr. Burns commented they were fine with 36 months with one 12-month 17 Meeting Minutes CRA Board Boynton Beach. Florida March 9, 2022 extension and then they reduce 36 months to 24 months for commencement and have the one ability to extend for 12 months. Mr. Burns explained they do not benefit until they close on the project, have a financial closing and they are underway. The Board has a reverter. They cannot buy the land and sell it to anyone. They have to start the project and they will be out a great deal of time and money if they do not do that. They are also purchasing the property on Federal Highway. Chair Grant commented Hurricane Alley will only have to move once. They will try to impact businesses as little as possible and it will be a phased project, with the parking garage being built first, then the northern commercial project and then demolishing Hurricane Alley. She would not have to close Hurricane Alley. Vice Chair Hay stated if they proceed, they should operate as a team. If they approach the Board with reasonable request for extensions, they will work together. The Board wants the project to be a success and they do not have a second bite of the apple. Board Member Romelus offered a friendly amendment to Vice Chair Hay's comments about making a mistake. She commented they did not make a mistake, they just worked with a developer who was worthy of keeping his word. They have always had the best interests of the City and residents in mind. Completion of Construction is defined as receipt of a temporary Certificate of Occupancy and it shall be issued within 36 months or three years of construction with the ability to extend for 12 months subject to CRA approval, which shall not be unreasonably withheld, so long as developer is using good faith and due diligence. Final Certificate of Occupancy has no deadline for the receipt for final CO but there is a requirement that the developer shall use good faith and due diligence to obtain the final certificate of occupancy. Attorney Duhy explained the above were the milestones they could enforce as part of these agreements. She reviewed the below: The terms'of the Purchase and Development Agreement was reviewed. The price for the purchase was $100 and the deposit is $10K, which is generally required if an issue arises prior to closing. The conditions to close was receipt of land use approvals, the closing to occur within 36 months or three years after receipt of land use approvals. As for tenants, the purchaser will assume all leases. As to Hurricane Alley, the purchaser acknowledges that a current tenant of the property is Hurricane Alley. Purchaser will make reasonable efforts to relocate Hurricane Alley to the project and shall use reasonable efforts to work with Hurricane Alley to phase construction activities of the project in order to minimize, in the exercise of commercial reasonableness, the time frame between demolition of Hurricane Alley current premises and construction and delivery of Hurricane Alley's new premises within the project. Attorney Duhy reviewed the reverter clause. The property will revert to the CRA if the purchaser fails to commence construction as provided for in the agreement. At the 18 Meeting Minutes CRA Board Boynton Beach. Florida March 9, 2022 time, if they exercise the reverter, the CRA will pay the purchase price and out of pocket predevelopment and development costs incurred by buyer and professional service costs. One comment discussed between attorney's was a more concise description of what those costs could be. They want to make sure they are associated with this development and the permit approval and they would receive the benefit of that. Mr. Burns stated in prior agreements, they had to provide invoices and reasonable evidence demonstrating that the costs were pursuant to this project, which they would agree to do. Ms. Shutt inquired if it included anything to be extended to the Ocean Mart store and learned it would not. Commencement of Construction was defined as the date when actual construction activities, including demolition, site clearing, excavation, utility relocation consistent with the City Code and all applicable permits have begun where construction activities continue on a consistent basis to complete construction of the project. He was concerned even if there was just demolition of the current site, clearing could qualify as commencement of construction at which point the reverter would terminate. He was concerned Affiliated would begin, but not finish. Attorney Duhy explained that is an issue for a court to decide. Board Member Penserga suggested removing ambiguity with the project. Mr. Burns noted it very specifically says all applicable permits to complete the project. They will close everything all at once. Attorney Duhy recommended amending the language in the reverter to read "If purchaser fails to commence construction and fails to continue construction activities on a consistent basis to complete construction of the project." It would be taking the language out of the definition and adding it to the reverter. The Board and Mr. Burns agreed to the amended language. Lance Aker, Attorney for Affiliated, had concerns about the language just added to the reverter. He thought it was a subjective standard. Attorney Duhy commented they could add "reasonable diligence, or good faith or diligent efforts." Attorney Aker was concerned the reverter could kick in if the Board was unhappy with the pace of construction. Attorney Duhy explained as written, once they start demolition the reverter opportunity dies. There is an argument she could make that would likely be decided in court based on the language, "continues." If the concern is they want it to go through continuation of construction, that would be the language she proposed. If they stopped using reasonable diligence to achieve completion of construction, they could revert the property. Mr. Burns thought the lender would likely have an issue with the language. If Affiliated failed, the bank would take over and complete the project. He did not think they would want to put the underlying property they would have a loan on at risk. Chair Grant stated they want something that goes past demolition. Mr. Burns suggested adding language that they have executed a construction contract with the lender to complete the project. Once they sign a contract, they are held accountable to the contractor. Their projects are constructed with a guaranteed maximum price. Mr. Burns suggested adding to the definition of construction commencement "to have a fully executed construction contract with the general contractor." Part of the contract would have a schedule, and if they do not perform, Affiliated can pursue them for liquidated 19 Meeting Minutes CRA Board Boynton Beach. Florida March 9, 2022 damages. Attorney Duhy explained they are not a party to the contract, and the CRA cannot enforce it. It is another requirement they get the project further down the road. Attorney Duhy noted there is a Force Majeure clause which is an act of God which extends timeframes and requirements in all of the agreements. She suggested adding language that provided it is subject to terms and conditions of the terms of the loan agreement with the construction lender. She liked the language "fails to continue construction activities on a consistent basis to complete construction of the project with the addition of reasonable and good faith efforts." Their concern is it would allow the CRA to exercise the reverter past a certain point. Mr. Burns suggested adding language, as they are not a party to the loan agreement with the construction lender, subject to the terms and conditions of their construction loan agreement with their lender. They may have it if they commence construction and stop for some reason, they will step in and finish the project as the project is their collateral. Their lender will require a guarantee. Either way, the project will be constructed. Board Member Penserga wanted a legal document that assured they will not have a worst-case scenario by building only a fraction of the project. Attorney Duhy understood they do not want to have the reverter clause go to completion of construction. The language she proposed was a bit better than that because it does not hold them to a time frame, it holds them to reasonable diligence and they did not agree to it. What Affiliated proposed was to provide a construction loan, but in order for the CRA to have anything enforceable other than them showing the CRA a verified construction loan is to say what would have to be in it and that was an area in which she did not want to be part. Mr. Burns explained when they reach financial closing, the lender will require they will have a guaranteed to maximum price contractor with the contractor to close on the financing and the building permit. The guaranteed maximum price contract will contain a number of different provisions that hold the general contractor accountable to complete construction of the project within the time frames needed. They would also provide a performance bond to the bank to ensure the project gets built. If a subcontractor goes out of business, they call the bonding company who then comes in, replaces the contractor and finishes the work. Mr. Burns advised he would share those documents with Legal. Once they achieve financial closing and they begin construction, the project will be built. He and Mr. Rojo will have personal completion guarantees with the lender which creates a significant alignment of interest. There are also about 20 other safeguards that those involved that have a lot at risk will insure. They are talking about closing on a loan to close on a project in its entirety. Mr. Burns thought they should provide proof of financial closing to complete and close the entire project. In the past, for that to occur, the title company that handles the closing, once all the funds and documents are signed and recorded, sends out an email. Mr. Aker explained they have financial closing which has defined terms which could be referred too. Chair Grant agreed with that language. Financial closing can be defined as the date on which all agreements and loan documents for the financing of the project have been executed and all required conditions contained in such agreements and loan documents have been satisfied as determined by the lender and the developer. 20 Meeting Minutes CRA Board Boynton Beach. Florida March 9, 2022 Attorney Duhy stated it does not say a lot to the CRA because the lender and developer will have closed, but it is proof of it. She did not think it got them any further. Chair Grant thought the language was fine because commencement of construction can mean demolition of one building out of the entire project. The CRA wants something more than that where if they get a $50M loan as defined in the contract, that is it. If they do not do anything and got the $50M loan and they run out, the $50M loan has clauses that say the lender will get the property and they will have assurances they get their money back, they build the project, they are not out $50M and the GRA is not out the land. Attorney Duhy commented it would not hurt to add that language. It was noted Attorney Duhy was providing the worst-case scenario. Chair Grant commented after they have built six or seven mixed-use projects, public/private partnerships and they decide to leave the country with no extradition laws, the CRA has to draw the line there is the possibility it could occur, but it is extremely unlikely. Because of the finance agreement they have with the lender, they have to have a max price with the general contractor, so the general contractor will go after them as well. Board Member Penserga reiterated he wanted something in writing to prevent a worst- case scenario. Chair Grant responded they could see the completed financing agreement as it would contain that information. Attorney Duhy stated she added language because Affiliated did agree to it, " . . . . fails to commence construction and has provided adequate proof of financial closing." The additional language was acceptable to Affiliated. The title company sends out an email when all is signed and completed. Attorney Duhy read the definition of Termination. For a default by purchaser after closing, the CRA's sole remedy is the reverter. Attorney Duhy announced the Purchase and Sale Agreement amendments were finished. Attorney Duhy read the Assignment definitions. Assignment to an unrelated CRA party requires CRA consent. Attorney Duhy explained all the documents will have a final technical review. Attorney Duhy reviewed the Miscellaneous provisions and advised they have a Force Majeure clause which stated Affiliated's definition included pandemics. It was noted that construction is an essential service. Mr. Burns explained in other contracts, they have a provision they would have to give notice of their intent to use the Force Majeure clause within a certain period of time. They cannot wait after some pandemic occurring 12 months from now, and they are just now bringing it to their attention. Attorney Aker suggested epidemic and pandemic provisions apply only to the extent they are required by applicable law when the government requires them to stop. Attorney Duhy suggested those two triggers be included. The period would be 90 days. Attorney Duhy advised this is an unusual Purchase and Development Agreement as there will be tenants in the project. The one issue is a clause that says no new leases or extensions will be approved without purchaser approval. She recommended they do not approve 21 Meeting Minutes CRA Board Boynton Beach. Florida March 9, 2022 any new leases, renewals or extensions that extend beyond closing without approval. They will bring it back for final review When the CRA purchased the Oyer property, Affiliated agreed to protect the Oyer Insurance sign so they added a clause to reflect Affiliated will make best efforts to preserve it. Attorney Duhy reviewed the TERFA. The Board already discussed the terms that require the project be constructed as set forth above and pursuant to the timeline. The Public Benefit section provides for job fairs and apprenticeships, it requires that prior to and during construction of the project, Affiliated will hold two job fairs with the City and include requirements with contractors to use good faith efforts to participate in an apprenticeship program. Chair Grant asked what a good faith effort would be. Mr. Burns responded diligently working with or making an effort to work with other programs. He advised they are already doing that in West Palm Beach with Moss who has an apprenticeship program. Each City is different so Moss works with different organizations, agencies and non-profits. Chair Grant asked how many apprenticeships there were. They used the language in Affiliated's contracts because Moss has control over it. After discussion there was agreement to say commercially reasonable. There are no time frames in the current agreement. Mr. Burns explained they have up until completion of the project. Chair Grant suggested having at least one job fair. Mr. Burns explained they host job fairs right before a certain trade is needed because people who attend job fairs need a job the next day. They will hold the fairs in the City of Boynton Beach after commencement and before completion of construction and they hold at least two job fairs. The hold job fairs within 90 days of that particular trade commencing work on the project site. Board Member Romelus asked if there are job fairs already occurring, if Affiliated would send a representative and learned they would do so. She made the request because there are multiple job fairs held by Career Source and others and she requested the positions be available to those entities in addition to the two held by Affiliated provided it is applicable to the project within a 15-mile radius. Career Source will notify Affiliated of upcoming job fairs. The project will achieve National Green Building Standards (NGBS), Bronze level with evidence of the same. Ms. Shutt explained most of the time in Florida, it has to do with heat gain. It was learned Affiliated uses a company, EDI who reviews the early designs to ensure they are compliant with NGBS. They look at things like insulation, windows, and energy efficient appliances including a bike program. Ms. Shutt asked if they would explore the benefit of using chilled water from the City's District Energy Plant. It was explained it provides chilled water instead of each building having its own HVAC System. It is available now. They could have done 500 Ocean, but because it is on the other side of Federal Highway, it was not feasible because of the distance the water has to travel and back. It should achieve at least the Bronze level. As for Electric Vehicle Charge stations, they will have two right off the bat and when building the garage, they 22 Meeting Minutes CRA Board Boynton Beach. Florida March 9, 2022 can provide the conduits for the CRA to provide charging at a later time. Board Member Romelus asked if they could have a living wall on the parking garage. It was noted the Public Art fee can pay for the Wall. Ms. Shutt recommended Attorney Duhy's suggested language there be commercially reasonable efforts to incorporate a green wall into the parking garage consistent with City Code. Attorney Duhy reviewed the criteria to be eligible for the TERFA for the 15 years. The amount is 100% of the TIF for 15 years, and several things had to be included. The conditions to be met before TERFA will be paid is the project will be completed as evidenced by the last Certificate of Occupancy. All elements of the project have been placed on the tax role, the CRA will have received TERFA from the project, and the annual performance report, which requires them to report their compliance with the terms of the agreement is received and found to be sufficient by the CRA, which findings shall not be unreasonably withheld and developer is not in default under the agreement. The Annual Report is required in April of each year to determine compliance. The deadline for the annual report is the last day of April of the preceding year. The CRA will add language it will commence one year from that date. Vice Chair Hay commented when using TERFA funds, there is always something that goes to the developers and some to the CRA to have other TERFA projects. He was concerned they are giving away 100% on one project. After the term, the CRA will get all the TERFA. The reason why they needed the amount is the difference between affordable housing. Without the TERFA, they would lose up to $1 M a year. The TERFA subsidizes the units. They would get about $400K a year if the property is assessed much higher, they will be paying the TERFA. The TERFA is only a portion. The expenses they will pay negates that increase. They have to offset their expenses. Ms. Shutt explained staff would never recommend that much, but they need a catalyst. These are all conservative estimates of what they get back and they have never gone over 6%. The $6.1 M that they asked to subsidize the gap for the affordability was a little over 8% of the entire project cost of$73M. Usually the CRA assembles and buys properties, and they spent about $8M to assemble the land in the hope to spur redevelopment or provide a public benefit. If they do not have any portion of the TIF back from the project, the CRA's ability to have other CRA related items will be limited. It is the Board's prerogative to determine if the 11 units in perpetuity justified the assistance to have the gap. It was explained the TERFA is not covering the units in perpetuity. It is covering the 15 years to have half the building at a workforce rate. He provided numbers showing how they are losing $1 M a year by having such reduced rents on half the building The TERFA was only covering 40% of that and they would take a loss on the rest. Mr. Burns explained for the level of affordability they are providing, this is the lowest amount of incentive they have ever received on any project. Palm Beach County offers $75K per multi-family unit in order to address workforce housing, which is paid up front. West Palm Beach provided $65K per affordable unit. With this project, by getting 100% of the TIF and with Affiliated having to finance the 23 Meeting Minutes CRA Board Boynton Beach. Florida March 9, 2022 project, it is about $25K per unit in subsidy. The Palm Beach County program provides up to $75K. He noted those programs provide the funds up front. Chair Grant asked what the number was. Mr. Burns explained the reason they do address a number is because property taxes could go through the roof, and it would increase their expenses on the property and they have to be able to recapture it. Chair Grant asked what Affiliated can give the CRA out of the 15 years at 100% of TERFA with the average subsidy being $50K per unit. He further inquired if Affiliated could cap it if Affiliated reached its number at year 13. It was thought there could be an opportunity for a windfall. Affiliated advised they can put a cap of$8.5 with the lender. Affiliated would include a deed restriction so the units stay affordable. West Palm Beach gave funds up front which negated the need for a full TERFA. In this instance, they are financing the construction of the workforce units on their credit. They will not see a dime in TERFA until the project hits the tax rolls. Chair Grant asked if Affiliated could give a number in TERFA, it goes down to 50%. Mr. Burns understood once they hit a certain threshold whatever the amount may be, then 50% goes to that. It was similar to the Infrastructure Sales Tax. Chair Grant responded they would expect the funds but if they did it before that, the Infrastructure Sales Tax expires. Mr. Burns inquired what happened if the deal went the other way. Chair Grant responded they would get the 100% with the same deal. There was a cap on the upside and no guaranteeing the downside. Affiliated responded they could cap the deal at $8.5M Attorney Duhy reviewed the Default by Purchaser clause. If there is a default by the purchaser, the developer is not entitled to a payment of TERFA for any period during which it is in default and has not cured. She explained if there is an instance, in the 15- year term, and they submit their annual report in May rather than April, it is a default. If they do not cure it in 30 days, they would default and they are not entitled to the funds. Once it is cured they can get TERFA for the remaining years of the term. It does not add years to the term. The CRA cannot terminate if the developer is in default for this reason, but the agreement will automatically terminate after the 15-year term. This is important because if a developer defaults in year six, and they do not cure, if they did not have an automatic termination at the end of the 15-year term and they did not have the ability to default, the agreement would never be able to be terminated. Termination will automatically end on the last disbursement of revenue due to the developer on the expiration at the end of the 15-year term or on failure to commence construction when the reverter will trigger. Listen, if they did not have the ability at the end of year 15, its automatically terminated and on the last disbursement of TIF revenue or failure to commence construction. Same language as the other one. Board Member Romelus asked about the parking proposed by Affiliated for $5.5M and if the City and CRA would be in agreement to it. Andrew Mack, Assistant City Manager, responded most of the discussions were centered around a parking lease agreement, the monthly payment and whether they would finance it. The construction value was not fully discussed, but they did discuss a standard number for a parking spot which was 24 Meeting Minutes CRA Board Boynton Beach. Florida March 9, 2022 about $25K per space. Mr. Burns commented they discussed those options early on. The last option, which was selected was the City and CRA wants as little ongoing payment or no payment obligation as possible and the last option which was chosen to reduce the purchase price down and in order to pay for the garage and it would be a City and CRA asset. The one best for the CRA was to have a parking agreement they could assign to the city and they would be the CRA ongoing maintenance. She asked when the CRA sunsets, the City could take over the liability. Mr. Mack recalled the discussion was $50 per space, there would be enough revenue to handle that. The hardest part is in the beginning of the project. Attorney Duhy reviewed page 7, of the agreement, 6.11, they would add language, The GRA hereby agrees to pledge and assign to developer pursuant to the terms of this agreement an annual amount which equals 100% of the Tax increment revenue for a 15-year term, not to exceed a total of $8.5M. Mr. Burns recalled they discussed sharing the revenue after they reached the cap. It was a 50/50 split after reaching the cap. Chair Grant looked at the original plan for the 18 years was $7.3M. Mr. Aker stated it was an estimate and they did not know what the tax assessor would do. He asked if it could be 95% or 90%. He explained 95% of the TERFA would go to Affiliated. They would keep the cap at $8.5M. The TERFA was 95% to the project and 5% to the CRA. Vice Chair Hay thought the CRA should not carry their risk or guaranteeing the down side. Their rents on the subsidized units are hundreds of dollars less each month and to offset that, they have the TERFA. Chair Grant explained how the GRA subsidized the project. Vice Chair Hay thought there was a lot of subsidy compared to other projects they look at. Chair Grant explained Affiliated included the Ocean Mart and the Oyer properties which is over $6M that Related Urban did not. Mr. Burns explained they offer the greatest level of affordability in terms of the number of units. They build workforce housing and this is their level of subsidy. They usually receive up front funds and grants from other municipalities. They were day one dollars. This project did not have that and will use TIF. He thought offering 118 units was meaningful. Ms. Shutt noted they originally needed $7.3M. She asked if they would cap it, and they would give 25% above what they need at $6.1 M. and cap it at $7.6M. Mr. Burns responded they would not as they received $9M upfront. Affiliated would be financed for years until the TERFA begins. Board Member Romelus stated they spent two hours on this item. She thought this may not be the best match. She thought there are still other proposers that can give them a product. They are not obligated to make any commitment. Mr. Burns stated they have acquiesced every single step of the way. They submitted a very detailed proposal and this is consistent with that proposal. They will build this 25 Meeting Minutes CRA Board Boynton Beach. Florida March 9, 2022 project. He thought it was unfair to say they are unwilling and they are agreeing to everything. He commented affordability is very important because it is what they do. Chair Grant inquired what her concern was that the CRA is not giving away 100% of the TIF. Board Member Romelus responded they are writing contract that she did not think should be so difficult. She did not think their numbers matched up. Chair Grant recalled Board Member Romelus ranked Affiliated as second. He explained what they are trying to do is similar to the Purchase and Sale Agreement they had with Mr. Oyer, they are trying to negotiate the best deal. He announced the CRA is doing this project with the Ocean Mart and the Oyer property. This developer was the only one able to do that. They are working together to get the best deal they can for the GRA. Board Member Penserga had mixed feelings. He agreed and commented the funds are going to subsidize the affordability of the units. He thought 100% of TERFA was unheard of. Chair Grant noted they did it with the MLK project. He asked if they were willing to make a concessions. Mr. Burns stated they are very happy with what they have done tonight. They were willing to cap the TIF as suggested at 95% instead of 100% for 15 years not to exceed $8.5M with no split after that. Ms. Shutt explained the Ocean Mart was brought into it for$3M and it was his cost upfront. Ms. Shutt preferred $8M, which Mr. Bruns agreed to. It was lower but she wanted to cap it because they don't know if they would get higher cost and if the $8M is accomplished in the third year it is capped and they no longer have to pay TIF. Instead of 100%, they are asking 95% which was fair. If they are positive in their estimate they will not receive more than what they need up front, but it was still more than they would rather have. The Ocean Mart purchase was for the store and the buy-out of the lease. Vice Chair Hay did not want to rush the matter. If this is a good match, he was not there yet. Lori LaVerriere, City Manager, agreed that there are a lot of issues that need to be worked out and she would not rush to a decision. They need time to work out some issues and if it is a deal that can be struck beneficial to both parties. They need more time. She supported Ms. Shutt and thought they needed time to do more work. She recommended not negotiating from the public dais. Board Member Romelus said this was highly inappropriate with Ms. Shutt proposing a number to the developer and this is her issue with her conversation tonight She did not think the process was feasible. They have been bitten hard. She wanted to table the item or vote it down. She thought there would be other opportunities. She did not want to proceed. 26 Meeting Minutes CRA Board Boynton Beach. Florida March 9, 2022 Mr. Burns commented they were asked to put these agreements together and work with staff expeditiously and that is what they did. This was a priority. They have been at this project for over 1.5 years. They have worked with the community. The proposal they have is consistent with their interests. They are happy to work together with Ms. Shutt for as long as it takes to ensure all gets an equitable deal to get a product all can be proud of. It is a public/private partnership. They do not want to make anyone uncomfortable and they are happy to work with the Board and the City as much as is required to get a good deal. David Katz, 67 Midwood Lane, agreed with Board Member Romelus's and Vice Chair Hay's concerns. He commented this is the chosen developer who decided not to include and will tear down the Oyer property. To tear it down is a shame. He thought if they do not keep the building, they are the wrong developer Chair Grant commented it is weird to have a project on the doorstep of the CRA that gets pulled back. It reminded him of the Cottage District. A Board Member commented they have better options and now they have four vacant acres and it is unknown what will occur next. The Oyer building is in need of serious need of repair and it is in such bad repair, the family decided the only thing salvageable was the sign. There is a reason why it was never historically designated. Two members of the CRA did not meet in February to discuss this item and for the Board to say it was better for the next CRA Board to make these decisions, it hurts and if they do not have three members wanting to move forward, they do not have a motion that passes. Vice Chair Hay wanted more time. Motion Board Member Romelus moved to stop negotiations and go to the next applicant on the list. Motion died for lack of a second. Motion Vice Chair Hay moved table it to try to see if they can make it work. Board Member Penserga seconded the motion. The motion passed unanimously. Ms. Shutt will negotiate the best deal for the CRA and the City. Board Member Romelus suggested bringing back a comparison chart comparing the other proposals. Ms. Shutt commented she has not vetted Related Urban's proposal, but it was reviewed by Mr. Abramson, the CRA's Financial Analyst. Related Urban did have a proposal that gave the CRA $536K annually under the market rate with 30% of the units at 80% to 100% AMI, 63 units, and option two was the tax credit at 4% or 9%, which would provide 97 units, 46% in total for perpetuity and in the lower percentage bracket at 40% to 100%. The upfront costs for either of those options was less than what was proposed for affiliated including the 150 spaces. She recalled there was a concern 27 Meeting Minutes CRA Board Boynton Beach. Florida March 9, 2022 some of the units did not include three-bedroom units, but Related stated they could make some of the larger units to fruition and as far as Hurricane Alley and the historical component, they agreed to put $1.25M towards preservation of the Oyer building and they could negotiate how to fit Kim Kelly, but they did not do so unless they got direction from the Board for this negotiation. Board Member Romelus stated that was her plea to the Board to look at the numbers as they made sense. She stated they could make the decision to cease negotiations with Affiliated and start with Related. Still gives us 30% up front start negotiating with related. Related had 30% of their units for workforce and 63 units affordable in perpetuity. The Board had compared proposals. Related's option was not a purchase option. It was a land lease. Chair Grant recommended the decision goes to the next Board. He commended Affiliated for all they have done and recognized the project is far and beyond reflecting why they have received so many awards in so many cities and it shows why no other construction projects have occurred in Boynton Beach because it is very difficult to work with a Board that does not always agree on things. He thanked them for their time and effort and hoped the new Board would support the project and see things the way he did, having all of Ocean Avenue as part of the project. Chair Grant recessed the meeting for a short break at 10:32 p.m. and reconvened the meeting at 10:42 p.m. 17. New Business A. Audited Financial Statements - FY 20-21, Fiscal Year Ended September 30, 2021 Vicki Hill, Finance Director, stated their auditor, Sansone Kline Giacaimino and Tandoc, representative was out of town. She reviewed their financial audit and announced there were no internal control deficiencies found, no findings of non- compliance issues or adjustments found. Their cash position remains strong and all funds had sufficient fund balance for working capital and ongoing project funding. She noted this was the 13th year in a row they received a clean audit opinion for the financial operations of the agency. She thanked their auditing firm and Jobara Jenkins, Accounting and Finance Manager, who worked tirelessly to ensure they were in compliance. Motion Board Member Penserga moved to approve the Audited Financial Statement. Vice Chair Hay seconded the motion. The motion passed unanimously. Board Member Romelus commended Ms. Hill and Ms. Jenkins B. Discussion and Consideration of a Letter of Intent from Habitat for Humanity of South Palm Beach County for the Boynton Beach CRA-owned Properties located at 402 and 404 NW 12th Avenue 28 Meeting Minutes CRA Board Boynton Beach. Florida March 9, 2022 Ms. Shutt presented the item for infill housing. The request was to transfer the land to Habitat for Humanity. This was the property they acquired at the last auction. This is the property down the street from the property they previously gave Habitat. Motion Board Member Penserga moved to approve. Vice Chair Hay seconded the motion. The motion passed unanimously. C. Consideration of Modifications to the Terms of the Homebuyer Assistance Program Grant Agreement between Ian and Tosi Rigby and the CRA Mr. Tack commented the Board had previously approved this award to the above for $50K for a new home at 717 NW 2nd Street. They have been in the home for 13 years. On January 6, 2020, they approved a sale and waived a promissory note if they would try to sell property to an income qualified buyer. On February 28t", the CRA received a letter for the CRA to consider a waiver or change to the promissory note to allow them to refinance the home without repayment of the entire principal balance and interest and use a small portion of the equity to pay debts, bills and outstanding obligations. Under the note, there were conditions that apply if they want to refinance the property. If they refinance, they have to repay the entire principal balance in full to the lender with 4% interest per annum calculated from the time of purchase of the property and if the GRA approved the refinance, the CRA will have to execute a subordination agreement. Under the terms of the subordination policy, the CRA does not support the owner using the equity for anything other than the house. If the purpose of the loan is home improvements or maintenance of the property, the property has to be inspected by a CRA staff member and a contract for the proposed repairs must be provided by the homeowner. The CRA will not subordinate its mortgage for owners attempting to attain a line of credit or consolidate debt as this will enable them to increase their debt for purposes other than home improvement. If the owner wants to refinance the first mortgage for a lower rate or shorter term, they can do so under certain conditions which he read. The individual has to own the home for 30 years. This is a legacy thing. Chair Grant requested the Board remove the second lien on the property so they can do what they like. Motion Vice Chair Hay so moved. Board Member Romelus seconded the motion. The motion passed unanimously. The Board forgave the principal and did not collect on the interest. D. Discussion and Consideration of a Consent and Funding Agreement between the CRA, the City of Boynton Beach, TD BANK, N.A., and Centennial Management Corp.ANelis Landing Apartments, LLC for the MLK Jr. Boulevard Corridor Mixed Use Project 29 Meeting Minutes CRA Board Boynton Beach. Florida March 9, 2022 This item was addressed earlier in the meeting. E. Discussion and Consideration of a Subordination Agreement between the CRA, TD BANK, N.A., and Centennial Management Corp./Wells Landing Apartments, LLC for the MLK Jr. Boulevard Corridor Mixed Use Project This item was addressed earlier in the meeting. Ms. Shutt introduced new staff member Amanda Meyer, the Business Promotion and Marketing Coordinator. She has extensive experience in business analytics and graphic design in the private sector. She will help the CRA to promote businesses. The Board welcomed her. Board Member Romelus suggested staff put this under Announcements and Awards for new staff introductions. 18. Future Agenda Items 19. Adjournment Board Member Romelus thanked the staff and her colleagues for all they have done. There being no further business to discuss, Chair Grant adjourned the meeting at 10:56 p.m. A.-A -J" Catherine Cherry Minutes Specialist 30 BOYNTO immiBEACH C d CRA BOARD M EETING OF: April 12, 2022 CONSENT AGENDA AGENDAITEM: 12.C. SUBJECT: Approval of Commercial Property Improvement Grant Program in the Amount of $25,000 for Service First Processing, Inc. located at 420 W. Boynton Beach Boulevard 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 Service First Processing, Inc. located at 420 W. Boynton Beach Boulevard, Boynton Beach, FL 33435 (see Attachments I - 11). Service First Processing was founded in 2010 and manages approximately $1.5 billion in annual merchant card volume with merchant accounts in all 50 states, Puerto Rico, and five Canadian provinces. In 2016, Service First Processing purchased a commercial property and relocated their headquarters from Boca Raton to 1315 N. Federal Highway, Boynton Beach, FL. Within the past year, Service First Processing began to outgrow their office on Federal Highway and started searching for a second location in Boynton Beach. The owners of Service First Processing purchased the property located at 420 W. Boynton Beach Boulevard as 420 Partners, LLC. 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 interior improvements including: New paint, flooring, lights and ceiling tiles. The total cost of eligible property improvements is approximately$59,057 (see Attachment 111). If approved, the applicant is eligible to receive a maximum grant of $25,000 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 C RA staff for approval. FISCAL IMPACT: FY2021-2022 Budget Project Fund, Line Item 02-58400-444, $25,000. CRA PLAN/PROJECT/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 $25,000 to Service First Processing Inc. located at 420 W. Boynton Beach Boulevard, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I -Commercial Property Improvement Grant D Attachment II - Location Map D Attachment III - Project Quotes BOYNTON11`' tf 4! I fit` �� ryf (ildaalScm ir, i t tks f l t � ..E October 1, 2021 — September 30, 2022 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERICAL PROPERTY IMPROVEMENT GRANTPROGRAM Program Rule 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 Peach 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 Cather improvements in accordance with the BBCRA Community Redevelopment Plan. Improvements paid for by the BBCRA must be permanent and stay with the building. The BBCRA reserves the right to approve or deny any Commercial Property Improvement Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the BBCRA Area. For purposes of this application, the term "new business" means a company in operation for less than one year or relocating to Boynton Beach. The term "existing business" means a company that has been in operation within the BBCRA Area for a minimum of two years at the time of application and has at least two years remaining on its existing lease. The term ".`project" means the eligible exterior or interior improvement project for which the applicant seeps reimbursement. Page 1 of 17 Initial 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 11 9. 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 hftp-/fwww.boynton-beach.org/go- green/pace_program.php or by contacting the City of Boynton Beach at (561) 742-6067. Attached is the ReNew PACE Eligible Product List. Applicants are also encouraged to connect with CareerSource Palm Beach County which is a State organization providing various free programs to assist Palm Beach County businesses. CareerSource Palm Beach County has a dedicated team of career counselors, business coaches and training providers to help area businesses stay competitive through training grants and talent acquisitions and also provide assistance in posting available jobs, recruiting and hiring, and training opportunities. For more information regarding CareerSource Palm Beach County visit their website at careersourcepbc.com or view the attached brochure. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding'. • Applicant must be the business entity (or d/b/a) named and the principal owners named on the corporation documents, and must be the landlord or business owner of the company occupying the property to be improved. • Must be located within the BBCRA Area (see attached map). • Must provide proof that the commercial business is properly licensed by all necessary levels of government and professional associations or agencies (copies of City and County licenses or receipts that the licenses have been applied for). initials Page 2 of 17 Property Improvement 100 East Ocean Avenue,4"' Floor, Boynton Beach, FL 33435-Phone: (561) 600-9090 www.boyntonbeachcra.com ................................................ • Improvements to non-profit and residentially zoned properties are NOT eligible expenses. • Applicant must have an executed multi-year lease with at least two years remaining on the lease at the time of BBCRA Board approval • Proposed leases must be executed within 30 days of BBCRA Board approval or the grant award is terminated. • The Applicant's Experian consumer credit report must reflect an acceptable level of financial stability, as determined in the sole discretion of the BBCRA. A copy of the consumer report will be provided to the applicant upon request. Applicants must have an Experian credit score of 601 or higher and have no listed history of bankruptcy to be eligible. If there is more than one business owner, the majority of the business owners must have credit scores of 601 or higher to be eligible. • All work must be done in compliance with applicable City of Boynton Beach Building Codes and Land Development Regulations, All contractors must be licensed as required to work in Boynton Beach and/or Palm Beach County. For any projects valued more than $250,000 (based on the project's construction value as it appears on the Palm Beach County-Wide/Municipal Building Permit Application Form submitted to the City of Boynton Beach), preference will be given to projects that will use contractors with an office in Palm Beach County. Please contact the City of Boynton Beach Development Department regarding the proposed work to be performed prior to submitting a grant application. • Grant funding amounts will be based on the applicant's project budget, specified at the time of the BBCRA Board approval, plus an added 20% contingency funding amount. • Grant funds will be reimbursed exclusively for approved work and approved change orders. • The Commercial Property Improvement Grant Program may only be used one time in any five year period for any one property. Entities hoping to improve properties that were previously improved using a BBCRA improvement grant may apply for additional grants any time after five years from previous grant approval. • In order to qualify for the grant, the subject property may not have any outstanding City of Boynton Beach liens at the time the applicant seeks reimbursement. To ensure that the property does not have any outstanding liens, violations or monies owed for utilities, the BBCRA will perform a lien search on the property at a cost of $140.00, which will be deducted from any grant funding awarded to the recipient. initials Page3 of 17 1111� 11441k_1511� Property improvement 10O East Ocean Avenue,4" Floor, Boynton Beach, FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com In the avant 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 roust complete the project, obtain a Certificate of Occupancy/Completion from the City of Boynton Beach, and submit for reimbursement within 180 days of the issuance date of the permit for the project. (As further described below, applicants may request reimbursement for up to 50% of their grant award prior to completion of the project.) If BBCRA Board approves grant funding and the work being performed does not require a permit,. the Certificate of Completion (or equivalent) and application for reimbursement must be within 180 days of the grant award. Failure to complete the improvements within the specified time frame will result in termination of the grant award, at which point the BBCRA will no longer make payments for any reimbursement requests, regardless of whether the request was submitted prior to the termination of the grant. Only one 60 day administrative extension will be permitted, and the BBCRA has the sole and absolute discretion to grant or deny such extension. Project items completed and paid for by the applicant more than 60 days prior to grant approval by the BBCRA Board are not eligible for reimbursement under the grant program. A complete application must be received within 80 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 Pala Beach County. ,y q Initials 4 . Page of I .L� �ri)1�� Property Improvement 100 East Ocean Avenue,4111 Floor, Baynton Beach, FL 334.35—Phone: (561)600-9090 www.boyntonbeachcra.co Projects and items eligible for funding under this grant program are limited to: « Structural walls « Plumbing Flooring Crease 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 0% of and wood panels) vacant property total grant award) Electric vehicle charging a 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 Manges • Massage/Personal Services • Religion- Affiliated Retail Stores « Churches/places of worships « Non-profit Organizations « Alcohol and/or Drug Rehabilitation « Adult Gambling Arcades Centers/Housing Check Cashing Stores « Any other use that the BBCRA staff Adult Entertainment or BBCRA Board determine will not Vapor/E-Cigarette Stores support the redevelopment of the BBCRA Area , Initials Page 5 of 17 Property Improvement loo East Ocean Avenue,4`' Floor, Boynton Beach, FL 33435—Phone:(561)600-9096 www.boyntonbeachcra.com 0 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 BB RA Board approval, plus an added 20% for contingency funding. Tier One Business Tier One Businesses, are eligible for reimbursement of 50% of the applicant's project budget as specified at the time of BBCRA Board approval, up to a maximum amount of $50,000 in grant funding. Tier One Businesses must be one of the following types of business: Restaurant Hotels/Motels/Bed and Breakfast Gourmet Food Market (the Board will grant no more than • Bakery four approvals in this category per fiscal year) Tier Two Business Tier Two Businesses are eligible for reimbursement of 50% of the applicant's project budget as specified at the time of BBCRA Board approval, up to a maximum amount of $25,000 in grant funding. Examples of Tier Two Businesses include, but are not limited to, the following types of businesses: • Home D6cor/Design — home 0 Boutiques — clothing, shoes & furnishings, art galleries, kitchen accessories wares * Law Offices • Accounting Offices 0 Hair/Nail Salons, (no more than two • Real Estate Offices approvals per fiscal year) Initial Page 6 of 17 Property Improvement 100 East Ocean Avenue,4"' Floor, Boynton Beach, FI.33435—Phone: (561) 600-9090 www.boyntonbeachcra.com • Marketing Offices * Medical Offices • Fitness Facilities—yoga, dance 0 Insurance Offices exercise, martial arts, etc. * Take Out Restaurants • Auto Services Facilities — repair, * Tattoo Parlor/Body Piercing/Body storage, sales, etc Art Shop (no more than two • Specialty Retail Businesses— approvals per fiscal year) stationary, gifts, sporting goods a Florists (no more than two • Other commercial facade 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 0 Pawn Shops • Convenience Stores'. (Fagade 0 Liquor Store and Security Improvement a Laundry/Dry Cleaner facility only) Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on lease at the time of Board approval. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the, space-, • Description of utilities that are the tenant's responsibility-, • Rental rate and deposits along with terms of lease and methodology for future rent increases, • Responsible party for interior and exterior repairs and/or Improvements; • Insurance requirements-, Initials Page 7 of 17 4 Property Improvement 100 East Ocean Avenue,41" Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com • Ability to terminate; and • Consequences of default on the lease. Application Process Applications can be obtained from the BBCRA office located at 100 East Ocean Avenue, Boynton Beach, FL. 33435 or downloaded from www.boytonbeachcra.com. All applicants are required to meet with BBCRA staff in order to determine eligibility before submitting an application. Applications will not be considered until all required documentation is submitted to the BBCRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the BBCRA Board. Applicants may submit complete applications via email or mail hard copies of the application with all materials to the BBCRA for review and approval by the BBCRA Board. Applicants will be considered on a first-come, first-serve basis. Application packets must include the following documentation'. 1 . A non-refundable fee of$100, which will be used to obtain a consumer credit report on the business and principal/owners of business. Make check payable to� Boynton Beach CRA. 2. Provide 2-3 sentence mission statement for the applying business entity. If the applicant is a commercial property owner, provide a brief history of the property and the current tenants of the space. This will be used as a way to introduce your business to the BBCRA Board. 3. Written detailed project budget describing the improvements to be done to the property. 4. Cost estimate(s) from a licensed contractor(s) as specified in the applicant's project budget. It must list all project costs for which the applicant is requesting reimbursement. The project budget must provide a total cost of the project, 5. Signage design, project color chips, material samples and material specifications, if applicable. 6. Copy of building permit receipt/application. If the permit has not been applied for prior to submission of the grant application, a copy of the building permit receipt is due within 90 days of grant approval, or the grant award may be terminated. T Resume for each principal/owner of the business. 8. Copy of the corporate documents for the applying business entity. Initials Page 8 of 17 Property Improvement 100 East Ocean Avenue,4"' Floor, Boynton Beach, FL 33435-Phone: (561)600-9090 www.boyntonbeachcra.com 9. Copy of executed multi-year commercial lease agreement. 10.Copy of Warranty Deed. 11.Two years of corporate tax returns (for existing businesses only). 12.Two years of personal tax returns for the principal/owners of a new business. 1 .Copy of design and construction plans associated with the proposed improvements. 14.List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 15.A minimum of four color digital "before" photos of the exterior and interior portions of the project. 16.Completed and signed application (attached). 17.Authorization to perform credit check for the business and each principal/owner of the business (attached'). 18.W9 Form and Vendor Application (attached). 1 .City Planning and Development Department Acknowledgement Form (attached). 20.City Permit Department Acknowledgement Farm (attached). The above referenced City Forms (line 18 and 1 ) must be completed and submitted to the appropriate departments„ which are located at City ball 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 weeps 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, Baynton Beach, FL 33435. The schedule for BBCRA Board meetings can be obtained at www.boyntonbeachcra.com. Applicants will be notified of the date and time that their applications will be considered by the BBCRA Board. The BBCRA recommends that applicants attend the BBCRA Board meeting during which the Board will consider their applications in order to answer any questions the BBCRA initials Page 9 of 17 Property Improvement 100 East Ocean Avenue,41" Floor, Baynton Beach, FL 33435—Phone. (561)600-9050 www.boyntonbeachcra.com Board may have regarding their applications. BBCRA staff will notify the applicant of the BBCRA Board's approval or denial in writing. Site Visits BBCRA may conduct a site visit prior to transmitting the application to the BBCRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during, and after the project in order to determine and ensure compliance with the terms of the grant. Procedures for Reimbursement This program is designed as a matching 50% reimbursable grant. All work for which reimbursement is sought must be completed and paid for by the applicant prior to the release of BBCRA funds. The applicant may request reimbursement for partial payments throughout the project for up to 50% of grant award. The remaining 50% of grant funding will be held until the project is completed according to the City of Boynton Beach Building Department, and if applicable, a certificate of occupancy has been issued, at which point the applicant may submit a final reimbursement request. The BBCRA will provide reimbursement to the applicant upon submittal of a complete reimbursement request package All reimbursement requests and supporting documents must be submitted to the BBCRA (3) days prior to the grant expiration date. The BBCRA may refuse to issue grant funding if the submission is not received by the specified time. Once the work is completed the reimbursement request shall be summarized in a report and accompanied by the following documentation: 1. Invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid in full." Proposals for "work to be completed" or"bids" are not considered proper documentation. a. Each item must be supported by a cancelled check showing the face of the check, as well as the back of the cancelled check. The only forms of cash payments that are acceptable as evidence of payments are cashier's checks and bank transfers. A copy of the cashier's check to the payee must be provided as proof of payment. If payment is being made by a bank transfer, a copy of the statement from both payer and payee showing the transaction and/or copy of the email/text verification from both parties. Initials Page 10 of 17 i >,`; "?;'•`„ t Property Improvement 100 East Ocean Avenue,0'Floor, Boynton Beach, FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com . Copy of City of Boynton Beach and Palm Beach County licenses (Business Tax Receipt), 3. For partial reimbursement requests, a Partial Release of Lien from licensed contractors must be submitted. 4. For the final reimbursement request, the following must also be submitted; a. A "final release of lien" signed by each licensed contractor(s). See attached Sample of a Final Release of Lien farm. . A minimum of 4 color "after" photos of the project. . A copy of the Certificate of Occupancy/Completion. 7. All in project costs to open or renovate the business for reporting of public to private dollar match By submitting the final reimbursement request, the applicant warrants that all bills for which applicant is directly responsible related to the project are paid in full including, but not limited to, all contractors, labor, materials, related fees and permits. Grantees may not submit work improvements for reimbursement that have been used as part of a reimbursement request for any Other grant program offered by the BBCRA, City of Boynton Beach, Palm Beach County or the State of Florida. The Commercial Property Improvement Grant Program will only reimburse applicants for new expenditures that have not been submitted to other grant programs for reimbursement. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to REAL AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the BBCRA to any third party. The BBCRA is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible have been paid is sufficient assurance for the BBCRA to award grant funding. Initials Page 11 of 17 °{�54,(',1' �'i,�'*'� Property Improvement 100 East Ocean Avenin,4"' Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com BOYNTO BEACKCRA Y'Uaas,+'s COMMU ' REDEVELOPMENTAGENCY APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (d/b/a if applicable): y \ Current Business Address-, Fed ID#: LI� `Z Business Phone Number: 5 LL LJ ) Gell: ! Website: y Existing Business: Yes '_ No Number of years in existence: Time at Current Location: 10 TS New Business to Boynton Beach: Yes No Ido you have an executed lease agreement: Yes . No_ If so, monthly base rent: ' New Business Address (if applicable): LA 10 AC Square footage of current location: 2,LoI Square footage of new location: F Type of Business: MeydhaYccescln-9 Tier `I Business: o Tier 2 Business: Tier 3 Business: o (Tier Classification subject to BBCRA Board Approval) Number of Employees: Hours of Operation: - p n- -V- List of improvements seeking reimbursement for: f t1[ y !it ts-, IoLkl i,�,„,li i�J ni'mLsk '4 "ISL ' -f- Requested grant amount:: �+OLC 1 V Pale 12 of 17 Property Improvement loo East ocean Avenue,4” Fluor, Boynton Beach, FL 33435-Phone: (561) 600-9090 www.boyntonbeachcra.com pP BOYNTON � f �i C"i e" u�BEACH � 'r.�4 k.F �o a ',, i`��, .. n��E Pw��m ' ��,��t x ilk, � ,'�» .� �r.. 1�F APPLICANT INFORMATION PRINCIPALIOWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: '[ I.kD 0,J t_ Gate of Birth: 31511 C11 Email: t r Y-QL SS 112 G rp Residential Address; Gell Phone Number: �Ltt . Principal/Owner Name: ier S o, Date of Birth: !11 l 13 Email: Residential Address: ` Cell Phone Number: 4- U39-Q 1512- 3. Principal/Owner Name: Date of Birth: Email: Residential Address: Gell Phone Number: 4. Principal/Owner Name: - Date of Birth: Email: Residential Address: Cell Phone Number: Are you applying for grant assistance under any other program offered by the BBCRA? Yes No If yes, what additional programs are you applyin for: YocemnA Page 13 of 17 Property Improvement 100 East Ocean Avenin,4"' Floor, Baynton each, FL 33435—Phone: (561) 600-9090 ww.boyntonbeachcra.com BOYNTO , Ill t BEACH APPLICANT INFORMATION Are you receiving grant assistance under any other governmental agencies: Yes_ No If yes, list any additional grant sources and amounts: LANDLORD INFORMATION: Landlord Name: ,hri `t ens, Landlord's flailing Address: ViA Landlord's Phone Number: LQ I- S - 1 CERTIFICATION AND WAIVER OF PRIVACY: For purposes of this certification and waiver of privacy, the term "I" refers to the applicant and to all signatories below individually. By signing below, each signatory represents and confirms that he or she is authorized to sign on behalf of the applicants). 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 Properly Improvement Grant Program, and it is true and complete to the best of any knowledge and belief. I further certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for snaking 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 Mules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grant is at the sole discretion of the Boynton Beach Community Redevelopment Agency Boar Initials Page 14 of 17 Property Improvement lois East Ocean Avenue,0' Floor, Boynton Beach, FL 33435-Phone: (561)600-9090 www.boyntonbeachcra.com gtt's"' R BOYNTON � _ H �eth x �4!ttE � EAC sa 1 sv U � s ,,. P APPLICANT INFORMATION understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue grant payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer in furtherance of the Boynton Beach Community Redevelopment Plan. To the maximum extent possible, I hereby waive my rights to privacy and confidentiality for all matters contained in this application, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I specifically authorize the BBCRA to run a credit report as part of this application, and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. I give permission to the BBCRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. Initials Page 15 of 17 ff5 +s ri ,t Property Improvement 100 East Ocean Avenue,4"' Floor, Boynton Beach, FL 33,435-Phone: (561)600-9090 www.boyntonbeachcra.com �IIDQk it 'f��ft pt` BOYNTO ' w X04 t t 1({, h1k Q( y itilri. Wit!f( iSbtt�'�ir t�t Mt�f@ ';siS:_ ! f t l��s,« (�. APPLICANT INFORMATION APPLICANT SI r w r Principal/ ne s S,ign atur Date Printed Name Title Principal/O ner°s signature ate rr � vim t elm Printed Name Title 3. PrincipallOwner"s Signature Date Printed Name Title 4, Principal/Owner's Signature Crate Printed Name Title /notary as to Prin+cipallOwner's Signatures Multiple notary pages may be used it signing individually STATE OF r t COUNTY OF D11m BEFORE ME, an officer duly authorized b law to administer oaths and talo acknowle its, personally appeared L ibVldn_Z. Ka .w e c who is/ark: �ll know o me or produced as Identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the Mate and County aforesaid on this 2-q +ii day of W o.r" 20 - 6TARY PUBLIC A M L. ran My Commission Expires: Ll AMY 1.SMITH ':. Notary Public•State of Florida `° Commission m HH 252{x3 Page of 17 ,0, My Comm.Expires Jul 29,20324 Bonded through National Notary Assn. Property Improvement 1111104 , loor, Boynton Beach, FL 33435—Phone:(561)600-9090 w w.boyntonbeachcra,com ft,y y i� n BOYNTO BEAC C ", LANDLORD INFORMATION LANDLORD SIGNA"I U : Landlord's Sigrtatur __ X e Tre- Le-1 i - - Printed Name Title Landlord's Signature Gate MdAer- i eh Printed Name Tithe Notary as to Principal/Owner's Signatures-Multiple notary pages may be used if signing individually STATE OF COUNTY OF PaIM eA BEFORE ME, an officer duly authorized by law to administer oaths and take ack ei�ts, personally appeared E , i�j2yI 7vt 6e a I' who is/ p onally Known t� me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this . -irk day of nd durcl) -, 20 2-7,. (11�- L, 1-)",- • � NOTARY PUBLIC AAY L rrw 1�. art Notary Public-State of F]Assn, My Commission Expires: 12 '° Commission#HH 252 ,¢r� gay Comm,Expires Jul 29,, Ban11 ded through National Notar Page 17 of 17 Property Improvement 100 Fast Ocean Avenue,4"' Floor, Boynton Beach, FL 33435-Phone: (5f 1)600-9090 www.boyntonbeachcra.com 3/16/22,3:04 PM PAPA Maps ��"`" DOROTHYJACKS ev 2 CFA,AAS it t Palm Beach Co nTy Property Appraiser r a,,, e -'; Search by Owner,Addressor Parcel F r s� ell 9 00 view Property S Record �n 4 tn�n f3eac Owners ;� ;�'�, � �� 420 PARTNERS LLC �„ >tivha i�} .•- q -< „ .. k R Propertl 420 ac�.rivn BEAC Ch,nlci,>�.lity BOY<` k Fnmd No 0843 <.i.kr�ir,laivrr BOY I, DEC-: ` 420 M"din_a BEA , .��NLAi 1St+Ave sa=saUv,' r„stmttk'= rn ��4rr Nw�15t a, r 4, 1 1 l F [}�E.911 Ave p t; 1 jjtl7 F4 f s 0 �n}�s1�ti �� i45ft2{�S�fs I(i 4{zl - E +f} I 4 sa I(l�t �s si a i�`r 1 e a https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434528110000030 1/1 Project Items Basil Acuri Contract $ 23,307.00 Carpet $ 35,750.00 Project Total $ 59,057.00 Max 50% Reirnbursernentl $ 25,000.00 Final CRA Grant Requestj $ 25,000.00 Construction Bid Form AV Basil ArCUH Owner Information Contractor Information Name Service First Processing Company Basil Arcuri Address 1315 N. Federal Hwy.. Suite 200 Name Basil Arcuri City, State ZIP Boynton Beach, FL 33435 Address 14613 Onclave Preserve Cir Unit T1 Phone 561-404-0196 City, State ZIP Delray Beach, FL 33464 Email Joe@FProcessing.co Phone (561) 706-6029 Email basilarcuriyahoo.co 420 West Boynton Office Building Project name Rennovations Completion date One week after carpet is in. Scope of Work For the Building Looted at 420 W Boynton Beach Blvd„ I will be replacing 70 ceiling lights„ patching and painting interior walls, removing wallpaper, repairing/replacing 6 window sills that had water damage, painting the doors and trim for the entrance doors„ patching stucco, removing all ceiling tiles„ replacing all ceiling tiles„ removing baseboards, replacing and painting baseboards once carpet is installed, replacing all outlet and switchplate covers„ hauling away all trash from the work cite„ and cleaning the interior of the building once all work had been completed. Cost Breakdown List of Materials and Costs Qty. Description Cost 70 Lights $5,000.00 Paint $300.00 Stucco Material $32.00 Window Sills $350.00 Lights Labor $3,000.00 Paint Labor $5,700.00 Wall Paper removal $350.00 Patching of Window Sills $300.00 Stucco Patch $150.00 Front Door $350.00 Ceiling Tiles Installation $3,300.00 Dors and Trim Labor $1,600.00 Wall Removal Labor $575.00 Haul-Away Fees $1,250.00 Grand Total $23,307.00 Page 2 of 3 Capitol Carpet & Tile Commercial Division Office: (561) 533-9800 ext 128 Fax: (561) 533-9905 Cell: (561) 929-4180 e-mail: christians@capitolcarpetandtile.com Date: 4/4/2022 To: Nader/ SF Processing From: Christian Saal RE: Office Flooring 636sy of Mohawk carpet tile (price can vary based off of final selections) $30,960.00 216sf of 18x18 LVT for kitchen and eating area(price can vary based off of $1,210.00 final selections) Floor patch for skim coat floor prep in LVT areas and spot patching up to $1,765.00 25% of carpet area as needed Carpet to vinyl floor transitions $150.00 Move desks as needed for installation of flooring $715.00 Freight in and delivery of material to job site $950.00 Total $35,750.00 Alternates Demo existing carpet $1,230.00 Notes: 1)Price includes skim coat in LVT areas and spot patching up to 25% of carpet areas. If extensdive floor prep such as self-leveling is required a separate proposal can be provided upon evaluation after existing flooring has been removed. Page 1 of 1 BOYNTO immiBEACH C d CRA BOARD M EETING OF: April 12, 2022 CONSENT AGENDA AGENDAITEM: 12.D. SUBJECT: Approval of Commercial Rent Reimbursement Grant Program in the Amount of $15,000 to Service First Processing, Inc. located at 420 W. Boynton Beach Boulevard SUMMARY: The CRA's Commercial Rent Reimbursement Grant Program provides qualified new or expanding businesses located within the CRA District boundaries with rent payment assistance for a maximum period of 12 months. CRA staff has received a complete grant application from Service First Processing, Inc. located at 420 W. Boynton Beach Boulevard, Boynton Beach, FL 33435 (see Attachments I - 11). Service First Processing was founded in 2010 and manages approximately $1.5 billion in annual merchant card volume with merchant accounts in all 50 states, Puerto Rico, and five Canadian provinces. In 2016, Service First Processing purchased a commercial property and relocated their headquarters from Boca Raton to 1315 N. Federal Highway, Boynton Beach, FL. Within the past year, Service First Processing began to outgrow their office on Federal Highway and started searching for a second location in Boynton Beach. The owners of Service First Processing purchased the property located at 420 W. Boynton Beach Boulevard as 420 Partners, LLC. On July 12, 2016, the CRA Board approved a Rent Reimbursement Grant in the amount of $10,800 to Service First Processing, Inc. Businesses are eligible to re-apply for the Rent Reimbursement Grant if they expand more than 50% of their current square footage. Service First Processing will be expanding from 2,081 square feet and adding 6,083 square feet of professional office space to their business portfolio. As a professional office space, Service First Processing currently employees 28 team members ranging from Director of Operations to Sales Manager to Account Managers. With the additional office space, they hope to provide an additional 23 jobs. Under the terms of their Landlord-Tenant Lease Agreement, the base rent required to be paid by the applicant is $12,500 per month (see Attachment 111). Service First Processing qualifies as a Tier I I business (as specified in the grant application) and would receive reimbursement for one- half of their monthly rent amount or maximum grant amount of $1,250 per month for a 12 month period, whichever is less. If approved, Service First Processing, Inc. would be reimbursed in the amount of $1,250/month for a period of 12 months or a total grant amount of $15,000 during its first year of business. Grant reimbursements to the approved applicant occur on a monthly basis with proof of rent payments. FISCAL IMPACT: FY2020-2021 Budget, Project Fund, Line Item 02-58400-444, $15,000 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval of the Commercial Rent Reimbursement Grant in the amount not to exceed $15,000 to Service First Processing, Inc. located at 420 W. Boynton Beach Boulevard, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I -Commercial Rent Reimbursement Grant Application D Attachment II - Location Map D Attachment III - Lease aJn � itit ��" �3r Inti BOYNTO 7f, q BEACH «}71 �S r f .., ..,,�.Rn� �r � �k �, t^<,. Z t•`�},y,f,, vii „i ,,,�,r ,. October 1, 2121 September 30, 2422 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL RENT REIMBURSEMENT GRANT PROGRAM Program Rales and Regulations The Commercial Rent Reimbursement Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment ,agency (the "BBCRA") Area. The program is designed to provide financial assistance to new and existing businesses in the form of rent reimbursement intended to help businesses during the critical first year of operation or expansion. The BBCRA reserves the right to approve or deny any Commercial Rent Reimbursement Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the BBCRA Area. The receipt of past payments is not a guarantee of future payments. For purposes of this application, the term "new business" means a company in operation for less than one year or relocating to Boynton Beach. The term "existing business"means a company that has been in operation within the BBCRA Area for a minimum of two years at the time of application and has at least two years remaining on its existing lease. The Boynton Beach BBCRA is a public agency and is governed by the "Florida Public Records Law" under Florida Mate Statutes, Chapter 119. Any documents provided by the Applicant(s) may be produced by the BBCRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Initial's Page 1 of 1 Rent Reimbursement 7 100 East Ocean Avenue,4"' Floor, Boynton Beach, FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com Incentive Funding The Commercial Rant Reimbursement Grant Program offers financial assistance through a reimbursable grant in the farm of a monthly rent reimbursement for the first 12 months of business with the option to request an additional 6 months of reimbursement, which may be granted at the discretion of the Board. New businesses are eligible to apply for assistance for up to one year from the issuance of the City of Boynton Beach Business Tax Receipt. Rent Reimbursements will not be paid until all construction has ended, permits are closed out, City and County licenses are obtained, and the business is open for operation under Temporary Certificate of Occupancy (TCO) or a Certificate of Occupancy (CO). For businesses that do not require any construction work, rent reimbursements will not be paid until City and County licenses are obtained and the business is open for operation. On a monthly basis, the BBCRA will issue reimbursement directly to the applicant. Reimbursement is for the monthly rent payment made to the landlord, and is dependent upon receipt of verification that the payment has been cleared by the bank. The responsibility for all rental payments is between the parties to the lease, (the tenant and the landlord). As grantor, the BBCRA does not bear or accept any responsibility for payment of rent at any time, or for penalties incurred for the late arrival of payments by any party. Applicants are also encouraged to connect with Careerource Palm Beach County which is a Mate organization providing various free programs to assist Palm Beach County businesses. CareerBource 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 CareerBource Palin Beach County visit their website at careersou rcepbc.com. Initials Page 2 of 15 Rent Reimbursement 100 Fast Ocean Avenue,41" Floor, Boynton Reach, FL 33435—Phone: (561)600-9090 ww.boyntonbeachcra.co Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Applicant must be a new business', or an existing business that is expanding in size.. • Applicant must be the business entity (or d/b/a) named and the principal owners named on the corporation documents, and must be the landlord or business owner of the company occupying the property to be improved. • Dust be located within the BBCRA Area (see attached map). • Must provide proof that the business is properly licensed by all necessary levels of government and professional associations or agencies (copies of city and county licenses or receipts that the licenses have been applied for). • Non-profit and residentially zoned properties are NOT eligible. • An existing business must expand to occupy more than 0% of its current square footage size or open a second location within the BBC RA Area. Verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the BBCRA Board if the tenant is losing their current space due to redevelopment of the site. • The Applicant's Experian consumer credit report must reflect an acceptable level of financial stability, as determined in the sale discretion of the BBCRA Applicants must have an Experian credit score of 001 or higher and have no listed history of bankruptcy to be eligible. If there is more than one business owner, the majority of the business owners must have credit scores of 601 or higher to be eligible. • Applicant must have an executed multiyear lease with at least two years remaining on the lease. • Proposed leases must be executed within 30 days of BBCRA Board approval or the grant award is terminated. • The Commercial Rent Reimbursement Grant Program may only be used one time by any one specific business entity or business owner. • Grantees shall allow the BBCRA the rights and use of photos and project application materials. Initials Page 3 of 15 Rent Reimbursement 100 East ocean Avenue,4"' Floor, Boynton Beach, FL 33435—Phone; (561)600-9090 www.boyntonbeachcra.com The BBCRA Beard may give preference to local businesses. For purposes of this grant, local business means a duly licensed business entity with an office location in Palm Beach County.. Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Rent Reimbursement Grant Program: Firearm Sales/Shooting Ranee * Convenience Store Religion-Affiliated Retail Stores . Churches/places of worship • Non-profit organizations # Medical Research Centers/Housing • Check Cashing Stores 0 Tattoo Shops l Body Piercing i Kava Tea Bars Body Art Shops • Adult Entertainment • Liquor Stores • Adult Arcades i Vapor Cigarette, E Cigarette Stores o Alcohol and/or Drug Rehabilitation 0 Pawn Shops Centers/Housing 0 Any other use that the BBCRA staff • Massage/Personal Services or BBCRA Board determine will not Auto Services Facilities — repair, support the redevelopment of the storage, sales, etc BBCRA Area • CBD Retail Stores, etc. Grant Terms and Conditions This grant is divided into two tiers of eligibility. Businesses are classified into tiers based on the type of business, which then determines the amount of eligible funding. Grant funding amounts will be based on the applicant's project budget specified at the time of BBCRA Board approval. `ler One Business Tier One Businesses are eligible for reimbursement for up to half( 0%) of the business's base monthly rent or $1,750 per month, whichever is less (maximum amount of the grant is $21,000, distributed in 12 monthly payments). Initials Page 4 of 15 Rent Reimbursement 100 East Ocean Avenue,4"` Floor, Boynton Beach, FL 33435—Phone; (561) 600-9090 www.boyntonbeachcra.com Tier One Businesses must be one of the following types of businesses: • Restaurant • Bakery • Gourmet Food Market Tier Two Business Tier Two Businesses are eligible for reimbursement for up to half (50%) of the business's base monthly rent or $1,250 per month, whichever is less (maximum amount of the grant is $15,000, distributed in 12 monthly payments). Examples of Tier Two Businesses include, but are not limited to, the following types of businesses; • Home Docor/Design — home Clothing Boutique— clothing, furnishings, art galleries, kitchen shoes & accessories waren Law Offices • Accounting Offices fair/Nail Salons (no more than 2 • Real Estate Offices approvals per fiscal year) +� Marketing Offices • Medical Offices • Fitness Centers • Insurance Offices • Laundry/Dry Cleaner facility • Specialty Businesses — stationary, Florists (no more than 2 approvals gifts, sporting goods per fiscal year) Take-..out Foods Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on the lease at the time of Board approval. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that are the tenant's responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; Initials Page 5 of 15 Rent Reimbursement 100 East Ocean Avenue,4"' Floor, 0oynton 0each, FL 33435—Phone (561)600-9090 www.boyntonbeachcra.com • Responsible party for interior and exterior repairs and/or improvements;. • Insurance requirements; • Ability to terminate; and • Consequences of default on the lease. For purposes of this paragraph, the term "subject property" means the leased premises of the grant recipient, for which the applicant or grant recipient is seeking rental reimbursement, or any part thereof. Grant recipients are prohibited from subletting the subject property. If a grant recipient sublets the property, the grant recipient will be required to repay the BBCRA for all grant money received up to that point and will not be eligible to receive any further grant funding. For purposes of this grant, the BBCRA considers the following to be subletting: A) executing a sublease, assignment, or similar agreement with an entity that is not the grant recipient; B) allowing the subject property to be occupied by any business entity in which the grant recipient is not listed as the registered agent, owner, officer or director of said business, or assisting such a business in so doing; ) allowing or assisting a business entity other than the grant recipient to list its place of business as the subject property, or D) allowing or assisting, a business entity other than the grant recipient to obtain a. business tax license from the City of Boynton Beach for the subject property. The fact that a business entity other than the grant recipient occupies the subject property, lists its place of business as the subject property, obtains a business tax license for the subject property, or similarly appears to use the subject property is sufficient evidence that the grant recipient has allowed or assisted such other business entity to do so and is grounds for termination of any further grant payments and seeking reimbursement for previously paid grant payments.. However, it shall not be considered a prohibited subleasing when the business purpose of the applicant is to provide a space for aspiring businesses, such as when the applicant is a business incubator, commissary kitchen, or business that provides co-op workspace. The BBCRA will determine whether a certain applicant fits into the exception described in this paragraph on a case-by-case basis. Application Process Applications can be obtained from the BBCRA office located at 100 Bast Ocean Avenue, 4 1h Floor, Boynton Beach, FIL 33435 or downloaded from www.boyntonbeachcra.com, Initials Page 6 of 15 Rent Reimbursement 100 East Ocean Avenue,4"' Floor, Boynton Beach, FL 33435—Phone; (561)600-9090 www.boyntonbeachcra.corn applicants are required to moot with BBCRA staff in order to determine eligibility before submitting an application. Applications will not be considered until all required documentation is submitted to the BBCRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the BBCRA Board. Applicants may submit complete applications via email or mail hard copies of the application with all materials to the BBCRA for review and approval by the BBCRA Board. Applicants will be considered on a first-come, first-served basis. Application packets must include the following documentation; 1. A non-refundable fee of$100, which will be used to obtain a consumer credit report on the business and principal/owners of business. fake check payable to: Boynton Beach CRA. 2. Provide a 2-3 sentence mission statement for the applying business entity. This will be used as a way to introduce your business to the BBCRA Board, 3. Resume for each principal/owner of the business. 4. Copy of the corporate documents for the applying business entity. 5. Copy of City and County Business Licenses (Business Tax receipt). . Copy of executed multi-year commercial lease agreement. 7. Two years of corporate tax returns (far existing businesses only). 6. Two years of personal tax returns for the principal/owners of a new business. . List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 10.If applicant is an existing business expanding to occupy more than 56% of its current square footage size, verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the BBCRA Board if the tenant is losing their current space due to redevelopment of the site. 11 Completed and signed application (attached). 12.Authorization to perform credit check for the business and each principal/owner of the business (attached'), 13.W9 Form and Vendor Application (attached). Initials Page 7 of 15 Rent Reimbursement 100 East Ocean Avenue,Ott' Floor, Boynton Beach, FL 33435—Phone: (561)600-9000 ww.boyntonbeachra.corn Approval Funding Request All rectuired application documentation must be submitted no later than noon two weeps prior to the second Tuesday of the month. BBCRA staff` will review the application to evaluate whether the applicant is eligible for reimbursement. If it meets these requirements, BBCRA staff will present the funding request to the BBCRA Board for review and potential approval. The BBCRA Board meets on the second Tuesday of each month. The schedule for BBCRA Board meetings can be obtained at www.boyntonbeachcra.com. Applicants will be notified of the date and time that their applications will be considered by the BBCRA Beard. The BBCRA recommends that applicants attend the BBCRA Board meeting during which the Board will consider their applications in order to answer any questions the BBCRA Board may have regarding their applications. BBCRA staff will notify the applicant of the BBCRA Board's approval or denial in writing. Site Visits BBCRA may conduct a site visit prior to transmitting the application to the BBCRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during and after the project in order to determine and ensure compliance with the terms of the grant. Procedures for Reimbursement Monthly rent reimbursement payments will be provided to the grant recipient beginning the first month the business is open for operation subsequent to BBCRA Board approval. A maximum of 12 consecutive monthly rent payments are eligible to be reimbursed to the approved applicant, with the option to request an additional 6 months. Reimbursement will occur on a monthly basis. Following the initial Reimbursement Request, each reimbursement request shall be made within 30 days of the start of the next month. Initials Page 8 of 15 (tent Reimbursement 100 East Ocean Avenue, "' Floor, Boynton Keach, FL 33435—Phone; (561)600-9090 www.boyntonbeachcra.com In order to receive monthly rent reimbursement the grant applicant must submit the following t.. Written request for reimbursement. 2. Proof of rent payments (i.e., copies of the front and back of cancelled checks for that month's reimbursement or proof of direct deposit). If applicant does not submit its monthly reimbursement reguest within 30 days following the end of the next month in which applicant_-is--requesting_reirnbursement, applicant forfeits that month's reimbursement. Discontinuation of Payment The receipt of past payments does not guarantee future payments. The BBCRA retains the right to discontinue rent reimbursement payments at any time at its sole and absolute discretion. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to REAL) AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the property. Nor shall issuance of a grant result in any obligation on the part of the BBCRA to any third party. The BBCRA is not required to verify that entities that have contracted with the applicant or applicant's landlord have been paid in full, or that such entities have paid any subcontractors in full. Applicant's submittal of verification that monthly rental payments have been cleared by the bank warranty is sufficient assurance for the BBCRA to award grant funding. Initials Page 9 of 15 Rent Reimbursement 100 hast ocean Avenue,4r" Floor, Boynton Beach,FL 33435—Phone: (561)600-9090 www.bcyntonbeachcra.com { BOYNTO BEAC APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (and d/b/a if applicable): Current Business Address. 1316 t� ' . Fed lD#: Business Phone Number: Fax: Website: �, VI Existing Business: 'Yes No Number of years in existence: Time at Current Location: too-L -—_ New Business to Boynton Beach: `les No Ido you have an executed lease agreement; Yes a No If so, monthly base rent: New Business Address: 9. I2 1_ aJir I_ Square footage of current location: a I Square footage of new location: ' Type of Business: CYc�2_&,a� ProceKci n Number of Employees: Hours of Operation: oa . -_ I ra Page 10 of 15 Rent Reimbursement 100 East Ocean Avenue,4"' Floor, Boynton Beach, EL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com BOYNTOij�l 9aiJ�a � �t Vi 1s } -. i�t ttr�y;Js�a �"plk __ '%1'c- '»ay'ai {U`r-aAY.i eau' It1 1; ,f E }ii (l APPLICANT INFORMATION PRINCIPALIOWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/towner a e: C' ' t__' _t "�1 [ Date of Birth: 3 f 15 119 Entail: Q- SE V 12Ir1 - CO Residential Address: r - oj rftn 16f acV, IEL Cell Phone Number: L - O- Principal/Owner name: r rd: Date of Birth: ala I lei-1.3 Email: Residential Address: a t� Cell Phone number: �s U s q- _ _ . Principal/Owner name: Date of Birth: Email: Residential Address: Cell Phone number: 4. Principal/Owner name: Date of Birth: Email: Residential Address: Cell Phone number: Page 11 of 15 Rent Reimbursement 100 East Ocean Avenue,4`f' Floor, Boynton Beach, FL 33435—Phone. (561)600-9090 www.boyntonbeachcra.co (r'tS��ir:tt(4 lJy al��t BOYNTON �= �1iu< s= APPLICANT INFORMATION Are you applying for grant assistance under any other program offered by the B CRA? Yes No If yes, what additional programs are you applying for: Il 'a t-# t �' LLC- Are you receiving grant assistance under any other governmental agencies: Yes _ o If yes, list any additional grant sources and amounts: LANDLORD INFORMATION: Landlord Name: '�q-0 ne, 'moi.--► Landlord's Mailing Address: �iW Zoa D L Landlord's Phone Number: i- o4- 16i CERTIFICATION AND WAIVER OF PRIVACY: For purposes of this certification and waiver of privacy, the term "I" refers to the applicant and to all signatories below individually. By signing below, each signatory represents and confirms that he or she is authorized to sign on behalf of the applicant(s). I, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Rent Reimbursement Grant Program, and it is true and complete to the best of my knowledge and belief. I further certify that 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 time terms and conditions set forth and described in the Boynton Beach Page 12 of 1.5 Rent Reimbursement 100 East Ocean Avenue,4"' Floor, Boynton Beach, FL 33435-phone: (561) 600 i 9090 www.boyntonbeachcra.com }r , BOYNTO APPLICANT INFORMATION Community Redevelopment Agency Commercial Rent.Reimbursement Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I understand that the purpose of the grant is to further the Baynton 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 Baynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue grant payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer furthering the Boynton Beach Community Redevelopment Plan, To the maximum extent passible, I hereby waive my rights to privacy and confidentiality for all matters contained in my application, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I specifically authorize the Boynton Beach Community Redevelopment Agency to run a credit report as part of this application, and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. I give permission to the Boynton Beach Community Redevelopment Agency or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. Page 13 of 1 Rent Reimbursement 100 East Ocean Avenue,4'r` Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com lit«sraaF �fl i(BOYNTO �, , { 1 14` it t 5t r' f 11{ M1 �' I S ,} ; APPLICANT INFORMATION APPLICANT SI AT F 1. Principal/Ow er, Signatu4 Dat Printed N me Title 2. Principal/Owner's Signature Date Printed Larne Title 3, Principal/Owner's Signature Date Printed fume Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to PrincipallOwner's Signatures - Multiple notary pages may be used if signing individually STATE OF FZ1 e t'4 ek COUNTY OF P0 M BEFORE ME, an officer duly authorized by law to administer oaths and talo ants, personally appeared,__Me,tle (,f'16o i who is/are ersonally known me or produced as l en I ica 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, 1 have set my hand and official seal in the State and County aforesaid on this GSI 11 day of , 2g 7-2, NOTARY PUB IC AMV L.. sm I E AMY L SM17H fly Commission Expires; Notary Public.State o63 My Comm.Expires Jul 29,]Florida2024 Bonded through National Notary Assn, Page 14 of 15 Rent Reimbursement 100 East Ocean Avenue'4"' Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com IrJ #ati}k1 rl{l3vr.sss,rn; BOYNTO LANLORD INFORMATION LANDLORD SIGNATURE 1. f 8 2q Z0 Z2 Landlord's Signature r Date r✓ � -- - . Printed Name Title Landlord's Signature Date Printed Name - - - Title Notary as to Principal✓Owvner's Signatures-Multiple notary pages may be used if signing individually STATE OF i COUNTY OF_TW m BEFORE ME,-an,--officer duly authorized by law to administer oaths and take=ersonally ms, ersonall a air- 't Q is _ who islar ,to me orproduced as identification and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of 20 2>�- 4 air S MITH GTARY UBLIC � L. ' I"?''I I kvtary Putrl c•S }� Commission Expires: jZqZa . - Commission .? MY Comm. Expire Bonded through Hation Page 15 of 15 Rent Reimbursement 100 East ocean Avenue,4`i' Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com 3/16/22,3:04 PM PAPA Maps ��"`" DOROTHYJACKS ev 2 CFA,AAS it t Palm Beach Co nTy Property Appraiser r a,,, e -'; Search by Owner,Addressor Parcel F r s� ell 9 00 view Property S Record �n 4 tn�n f3eac Owners ;� ;�'�, � �� 420 PARTNERS LLC �„ >tivha i�} .•- q -< „ .. k R Propertl 420 ac�.rivn BEAC Ch,nlci,>�.lity BOY<` k Fnmd No 0843 <.i.kr�ir,laivrr BOY I, DEC-: ` 420 M"din_a BEA , .��NLAi 1St+Ave sa=saUv,' r„stmttk'= rn ��4rr Nw�15t a, r 4, 1 1 l F [}�E.911 Ave p t; 1 jjtl7 F4 f s 0 �n}�s1�ti �� i45ft2{�S�fs I(i 4{zl - E +f} I 4 sa I(l�t �s si a i�`r 1 e a https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434528110000030 1/1 COMMERCIAL LEASE AGREEMENT This Commercial Lease Agreement (Lease) is entered into on this 1st day of February, 2016, by and between 1315 LLC (Landlord) and Service First Processing Inc. (Tenant). Landlord is the owner of land and improvements whose address is: 1315 N Federal Hwy ste 200 Boynton Beach FL 3')435. Landlord makes available for lease a portion of the Building designated as 1315 N Federal Hwy ste 200 Boynton Beach FL 33435(Leased Premises). Landlord desires to lease the Leased Premises to Tenant, and'Fenant desires to lease the Leased Premises from Landlord for the term, at the rental and upon the provisions set forth herein. THEREFORE, in consideration of the mutual promises contained herein, and for other good and valuable consideration, it is agreed: Term, The Initial Term of the Lease shall begin on the I st day of September, 2016, and end on the 31st day of August,2021 Landlord shall use its best efforts to put Tenant in possession of the Leased Premises on the beginning of the Lease term. If Landlord is unable to timely provide the Leased Premises, rent shall abate for the period of delay. Tenant shall make no other claim against Landlord for any such delay. Tenant may renew the Lease for one extended term of 5 years, Tenant shall exercise such renewal option, if at all, by providing written notice to Landlord not less than ninety (90) days prior to the expiration of the Initial Term. The renewal term shall be at the rental set forth below and otherwise upon the same covenants, conditions and provisions as contained in this Lease. Rent. Tenant shall pay to Landlord during the Initial Tenn rent of 48000 Dotlars per year, payable in installments of 4000 Dollars($ ) per month. Each installment payment shall be due in advance on the first day of each calendar month during the lease term to Landlord at the l'ollowing address, The rental payment amount for any partial calendar months included in the lease term shall be prorated on a daily basis. Tenant shall also pay to Landlord a "Security Deposit" in the amount of 4000 Dollars ($ Prohibited Uses. Notwithstanding the forgoing, "Tenant shall not use the Leased Premises for the purposes of storing, manufacturing or selling any explosives, flammables or other inherently dangerous substance, chemical, thing or device. Sublease and Assignment. Tenant shall have the right without Landlord's consent, to assign this:Lease to,a business with which Tenant may merge or consolidate, to any subsidiary of Tenant, to any corporation under common control with Tenant,or to a purchaser of substantially all o `T'enant's assets. Except as set forth above, Tenant shall not sublease all or any part of the Leased Premises, or assign this Lease in whole or in part without Landlord's consent, such consent not to be unreasonably withheld or delayed. Repairs. During the Lease term, Tenant shall make, at Tenant's expense, all necessary repairs to the Leased Premises. Repairs shall include such items as routine repairs of floors, walls, ceilings, and other parts of the Leased Premises damaged or worn through normal occupancy, except for major mechanical systems or the roof, subject to the obligations of the parties otherwise set forth in this Lease. Alterations and Improvements. Tenant, at Tenant's expense, shall have the right, upon obtaining Landlord's consent, to remodel, redecorate,and make additions, improvements and replacements of and to all or any part of the(,eased Premises from time to time as Tenant may deem desirable, provided the same are made in a workmanlike manner and utilizing good quality. materials. "Tenant shall have the right to place and install personal property,trade fixtures, equipment and other temporary installations in and upon the leased Premises, and fasten the same to the premises. All personal property, equipment, machinery,trade fixtures and temporary installations, whether acquired by Tenant at the commencement of the Lease term or placed or installed on the Leased Premises by Tenant thereafter, shall remain Tenant's property free and clear of any claim by Landlord. Tenant shall have the right to remove the same at any time during the terra of'this Lease provided that Tenant shall repair, at Tenant's expense, all damage to the Leased Premises caused by such removal. Property Taxes. Landlord shall pay,prior to delinquency, all general real estate taxes and installments of special assessments coming due during the Lease term on the Leased Premises, and all personal property taxes with respect to Landlord's personal property, if any, on the Leased Premises. Tenant shall be responsible for paying all personal property taxes with respect to Tenant's personal property at the Leased Premises. Insurance, If the Leased Premises or any other part of the Building is damaged by fire or other casualty resulting from any act of negligence by Tenant or by 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. Landlord shall maintain fire and extended coverage insurance on the Building and the Leased Premises in such amount as Landlord shall deem appropriate. Tenant shall be responsible, at its expense, for fire and extended coverage insurance on all of its personal property, including removable trade fixtures, located in the Leased Premises. Tenant and I.,andlord shall, each at its own expense, maintain a policy or policies of comprehensive general liability insurance with respect to the particular activities of each in.the Building with the premiurns thereon fully paid on or before due date. Such insurance policy shall be issued by and binding upon an insurance company approved by Landlord, and shall afford minimum protection of not less than $1,000,000 combined single limit coverage of bodily injury, property damage or combination thereof. Tenant shall provide Landlord with current Certificates of Insurance evidencing'Tenant's compliance with this Paragraph, Utilities. Tenant shall pay all charges for water, sewer, gas,electricity, telephone and other services and utilities used by Tenant on the Leased Premises during the term of this Lease unless otherwise expressly agreed in writing by Landlord. In the event that any utility or service provided to the Leased Premises is not separately metered, Landlord shall pay the amount due and separately invoice Tenant for Tenant's pro rata share of the charges. Tenant shall pay such all such utility charges prior to the due date. Tenant acknowledges that the Leased Premises are designed to provide standard office use electrical facilities and standard office lighting. Tenant shall not use any equipment pment or devices that utilizes excessive electrical energy or which may, in Landlord's reasonable opinion, over load the wiring or interfere with electrical services to other tenants. signs-- Following Landlord's consent, Tenant shall have the right to place on the Leased 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 gnage that is in Landlord's opinion too large, deceptive, unattractive or otherwise inconsistent nconsistent with or inappropriate to the Lmsed Premises or use of any other tenant. Landlord shall assist and cooperate with Tenant in obtaining any necessary permission from governmental authorities or adjoining owners and occupants for Tenant to place or construct the foregoing signs- Tenant shall repair all damage to the Leased Premises resulting from the removal of signs installed by Tenant. EM-t-ty-, Landlord shall have the right to enter upon the Leased Premises at reasonable hours to inspect nspect the same, provided Landlord shall not thereby unreasonably interfere with Tenant's business on the Leased Premises. Parkin a. During the term of this Lease,'renant shall have the non-exclusive use in cornmon with Landlord, other tenants of the Building, their guests and invitees, of the non-reserved common automobile parking areas, driveways, and footways, subject to rules and regulations for the use thereof as prescribed ftorn time to time by Landlord. Landlord reserves the right to designate parking areas for Tenant and Tenant's agents and employees. Tenant shall provide Landlord with a list of all license numbers for the cars owned by Tenant, its agents and employees. Building Rules. Tenant will comply with the rules of the Building adopted and altered by Landlord from time to time and will cause all of its agents, employees, invitees and visitors to do so; all changes to such rules will be sent by Landlord to Tenant in writing. The Initial. rules for the Building are attached hereto as Exhibit "A" and incorporated herein for all purposes. Damage and Destruction. If the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects, such damage or defects not being the result of any act of negligence byTenant or by any of Tenant's agents, employees or invitees, that the same cannot be used for'T'enant's purposes, then'Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. 'Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit far occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes. Default. In.the event of a default made by Tenant in the payment of rent when due to Landlord, Tenant shall have fifteen (15) days after receipt of written notice thereof to cure such default. In the event of a default made by Tenant in any of the other covenants or conditions to be kept, observed and perforrned by Tenant, Tenant shall have thirty(30) days after receipt of written notice thereof to cure such default. In the event that the Tenant shall fall to cure any default within the time allowed under this paragraph, Landlord may declare the term of this Lease ended and terminated by giving Tenant written notice of such intention, and if possession of the I..,eased Premises is not surrendered, Landlord may reenter said premises. Landlord shall have, in addition to the remedy above provided,any other right or remedy available to Landlord on account of any"Tenant default, either in law or equity. Landlord shall use reasonable efforts to mitigate its damages. 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 Leased Premises during the term of this Lease. Condemnation. If any legally, constituted authority condemns the Building or such part thereof which shall make the Leased Premises unsuitable for leasing,this Lease shall cease when the public authority takes possession, and Landlord and Tenant shall account for rental as of that date- Such termination shall be without prejudice to the rights of either party to recover compensation from the condemning authority for any loss or darnage caused by the condernnation. Neither party shall have any rights in or to any award made to the other by the condemning authority. Subordination. Tenant accepts this Lease subject and subordinate to any mortgage, deed of trust or other lien presently existing or hereafter arising upon the Leased Premises, or upon the Building and to any renewals, refinancing and extensions thereof, but Tenant agrees that any such mortgagee shall have the right at any tune to subordinate such mortgage, deed of trust or other lien to this Lease on such terms and subject to such conditions as such mortgagee may deem appropriate in its discretion. Landlord is hereby irrevocably vested with -full power and authority to subordinate this Lease to any mortgage, deed of trust or other lien now existing or hereafter placed upon the Leased Premises of the Building. Tenant agrees that it will from time to time upon request by Landlord execute and deliver to such persons as Landlord shall request a statement in recordable form certifying that this Lease is unmodified and in full force and effect(or if there have been modifications, that the same is in full force and effect as so modified), stating the dates to which rent and other charges payable under this Lease have been paid, stating that Landlord is not in default hereunder(or if'Tenant alleges a default stating the nature of such alleged default) and further stating such other matters as Landlord shall reasonably require, Security Deposit. Landlord shall hold the Security Deposit without liability for interest and as security for the performance by Tenant of Tenant's covenants and obligations under this Lease, it being expressly understood that'Tenant shall not consider the Security Deposit an advance payment of rent or a measure of Landlord's damages in case of default. Unless otherwise provided by law or regulation, Landlord may commingle the Security Deposit with Landlord' s other funds. Landlord may, from time to time, without prejudice to any other remedy, use the Security Deposit to the extent necessary to make good any arrearages of rent or to satisfy any other covenant or obligation of Tenant hereunder. Following any such application of the Security Deposit, Tenant shall pay to Landlord on demand the amount so applied in order to restore the Security Deposit to its original amount. If Tenant is not in default at the termination of this Lease, Landlord shall return the balance of the Security Deposit remaining after any such.application to Tenant. Notice, Any notice required or permitted under this Lease shall be deemed sufficiently given or served if sent by United States certified mail, return.receipt requested, addressed as follows: Landlord: Tenant: 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. Brokers, Tenant represents that Tenant was not shown the Premises by any real estate broker or agent and that Tenant has not otherwise engaged in, any activity which could:Corm the basis for a claim for real estate commission, brokerage fee, finder's fee or other similar charge, in connection with this Lease. Waiver, No waiver of any default or 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. Memorandum of Lease. The parties hereto contemplate that this Lease should not and shall not be filed for record, but in lieu thereof, at the request of either party, Landlord and Tenant shall execute a Memorandum of Lease to be recorded for the purpose of giving record notice of the appropriate provisions of this Lease. HeadIRg 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. Successors. The provisions of this Lease shall extend to and be binding upon Landlord and Tenant and their respective legal representatives, successors and assigns. 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. Performance. If there is a default with respect to any of Landlord's covenants, warranties or representations under this Lease, and if the default continues more than fifteen (15) days after notice in writing from Tenant to Landlord specifying the default, Tenant may, at its option and without affecting any other remedy hereunder, cure such default and deduct the cost thereof from the next accruing installment or installments of rent payable hereunder until Tenant shall have been fully reimbursed for such expenditures, together with interest thereon at a rate equal to the lesser of percent N per annum or the then highest lawful rate. If this Lease terminates prior to Tenant's receiving full reimbursement, Landlord shall pay the un-reimbursed balance plus accrued interest to Tenant on demand. Compliance with Law. Tenant and Landlord each shall comply with all laws, orders, ordinances and other public requirements now or hereafter affecting the Leased Premises. Final Agreement. This Agreement ten-ninates 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. IN WITNESS WHEREOF, the parties have cxccu)zdAis J:6sas of the day and year first above written. r dl en BOYNTO BEACH o CC d CRA BOARD M EETING OF: April 12, 2022 CONSENT AGENDA AGENDAITEM: 12.E. SUBJECT: Approval of Extension Request for the Commercial Property Improvement Grant Program for Advantage Physical Therapy LLC d/b/a Apex Network Physical Therapy #39 located at 906 S. Federal Highway, Suite 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 December 14, 2021, the CRA Board approved a Commercial Property Improvement Grant in the amount of $25,000 to Advantage Physical Therapy LLC d/b/a Apex Network Physical Therapy #39 located at 906 S. Federal Highway, Suite B, Boynton Beach, FL 33435 (see Attachments I - 11). Apex Network Physical Therapy #39 is physical therapy outpatient office providing rehabilitative medical services to the local Boynton Beach community. They provide the highest quality rehab services exceeding customer expectations in a relaxing and upscale environment while developing a customized treatment plan to reduce pain, improve mobility and reduce future injuries. Due to their success and high demand for quality physical therapy, Apex is expanding to their second location within Boynton Beach, with this location in the Federal Highway District. Per the grant guidelines, grant recipients must provide proof of permit application within 90 days of Board approval which was March 14, 2022. The applicant was unable to provide proof of permit application due to trouble securing a general contractor to perform the work. Apex Network Physical Therapy is requesting an additional 90 days from April 10, 2022, to secure a new general contractor and submit their permit application (see Attachment 111). CRA staff supports this request for a 90-day extension from April 10, 2022. If approved, the applicant is eligible to receive a maximum grant of $25,000 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, $25,000. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval of the 90-day Extension Request from April 10, 2022, for the Commercial Property Improvement Grant Program for Advantage Physical Therapy LLC d/b/a Apex Network Physical Therapy#39 located at 906 S. Federal Highway, Suite B, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I - December 14, 2021 Agenda Cover D Attachment II - Location Map D Attachment III - Extension Request BOYNTON E) _.'L={pati R COMMMTY REDEVELOPMENT AGENT CRA BOARD MEETING OF: December 14,2021 CONSENT AGENDA AGENDAITEM: 12.C. SUBJECT: Approval of Commercial Property Improvement Grant Program in the Amount of$25,000 for Advantage Physical Therapy LLC d/b/a Apex Network Physical Therapy#39 located at 906 S.Federal Highway,Suite B,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. CRA staff has received a complete grant application from Advantage Physical Therapy LLC d/b/a Apex Network Physical Therapy #39 located at 906 S. Federal Highway, Suite B, Boynton Beach, FL 33435(see Attachments I -I11).Apex Network Physical Therapy #39 is physical therapy outpatient office providing rehabilitative medical services to the local Boynton Beach community. They provide the highest quality rehab services exceeding customer expectations in a relaxing and upscale environment while developing a customized treatment plan to reduce pain,improve mobility and reduce future injuries. Due to their success and high demand for quality physical therapy,Apex is expanding to their second location within Boynton Beach,with this location in the Federal Highway District. As the subtenant 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 interior and exterior improvements including: New flooring in the entire space, new lighting fixtures with LED upgrade,new countertops at front desk,painting,new cabinets/sink in staff kitchen,and removal of existing interior wall and signage.The total cost of eligible property improvements is approximately$49,325.17(see Attachment IV). If approved,the applicant is eligible to receive a maximum grant of$25,000 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 C RA staff for approval. FISCAL IMPACT: FY2020-2021 Budget Project Fund, Line Item 02-58400444,$25,000. CRA PLAN/PROJECT/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$25,000 to Advantage Physical Therapy LLC d/b/a Apex Network Physical Therapy#39 located at 906 S.Federal Highway,Suite B,Boynton Beach, FL 33435. ATTACHMENTS: Description Attachment I-Commercial Property Improvement Application D Attachment II-Location Map D Attachment III-Commercial Sublease D Attachment IV-Project Quotes BOYNTON a man B H ' C R. October — September 30, 2022 COMMUNITYBOYNTON BEACH COMMERICAL PROPERTY IMPROVEMENT GRANTPROGRAM Program l and Regulations The Commercial Property Improvement Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "BBCRA") Area. The program is designed to provide financial assistance to new and existing businesses in the form of a reimbursable grant intended to reduce the initial costs associated with the repair and rehabilitation of buildings or other improvements in accordance with the BBCRA Community Redevelopment Plan. Improvements paid for by the BBCRA must be permanent and stay with the building. The BBCRA reserves the right to approve or deny any Commercial Property Improvement Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the BBCRA Area. For purposes of this application, the term "new business" means a company in operation for less than one year or relocating to Boynton Beach.The term"existing business"means a company that has been in operation within the BBCRA Area for a minimum of two years at the time of application and has at least two years remaining on its existing lease. The term "project" means the eligible exterior or interior improvement project for which the applicant seeks reimbursement. Initials Page 1 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com The Boynton Beach BBC RA is a public agency and is governed by the "Florida Public Records Law"under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s) may be produced the BBC RA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Incentive Funding The Commercial Property Improvement Grant Program offers financial assistance to the landlord or business owner in the form of a reimbursable, matching grant for 50% of eligible expenses, up to $50,000, associated with the construction or renovation of the exterior and interior elements of the commercial operating space. Applicants are encouraged to take advantage of the City of Boynton Beach's PACE Program to help defer the cost of installing energy efficient items. Information regarding the PACE Program is available online at hftp://www.boynton-beach.org/g o- green/pace—program.php or by contacting the City of Boynton Beach at (561) 742-6067. Attached is the ReNew PACE Eligible Product List. Applicants are also encouraged to connect with CareerSource Palm Beach County which is a State organization providing various free programs to assist Palm Beach County businesses. CareerSource Palm Beach County has a dedicated team of career counselors, business coaches and training providers to help area businesses stay competitive through training grants and talent acquisitions and also provide assistance in posting available jobs, recruiting and hiring, and training opportunities. For more information regarding CareerSource Palm Beach County visit their website at careersourcepbc.com or view the attached brochure. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Applicant must be the business entity (or d/b/a) named and the principal owners named on the corporation documents, and must be the landlord or business owner of the company occupying the property to be improved. • Must be located within the BBC RA 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 Y 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 BBC RA Board approval • Proposed leases must be executed within 30 days of BBC RA Board approval or the grant award is terminated. • The Applicant's Experian consumer credit report must reflect an acceptable level of financial stability, as determined in the sole discretion of the BBCRA. A copy of the consumer report will be provided to the applicant upon request. Applicants must have an Experian credit score of 601 or higher and have no listed history of bankruptcy to be eligible. If there is more than one business owner, the majority of the business owners must have credit scores of 601 or higher to be eligible. • All work must be done in compliance with applicable City of Boynton Beach Building Codes and Land Development Regulations. All contractors must be licensed as required to work in Boynton Beach and/or Palm Beach County. For any projects valued more than $250,000 (based on the project's construction value as it appears on the Palm Beach County-Wide/Municipal Building Permit Application Form submitted to the City of Boynton Beach), preference will be given to projects that will use contractors with an office in Palm Beach County. Please contact the City of Boynton Beach Development Department regarding the proposed work to be performed prior to submitting a grant application. • Grant funding amounts will be based on the applicant's project budget, specified at the time of the BBC RA 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 BBC RA 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 BBC RA will perform a lien search on the property at a cost of $140.00, which will be deducted from any grant funding awarded to the recipient. Initials r ,fi1" Page 3 of 17 Property Improvement 100 East Ocean Avenue,4t"Floor, Boynton Beach, FL 33435-Phone: (561)600-9090 www.boyntonbeachcra.com In the event that there is an outstanding lien against the property, the grant will not be awarded until the complete satisfaction of the lien. • In order to receive the full amount of any awarded grant, the property owner or tenant must complete the project, obtain a Certificate of Occupancy/Completion from the City of Boynton Beach, and submit for reimbursement within 180 days of the issuance date of the permit for the project. (As further described below, applicants may request reimbursement for up to 50% of their grant award prior to completion of the project.) If BBCRA Board approves grant funding and the work being performed does not require a permit, the Certificate of Completion (or equivalent)and application for reimbursement must be within 180 days of the grant award. Failure to complete the improvements within the specified time frame will result in termination of the grant award, at which point the BBCRA will no longer make payments for any reimbursement requests, regardless of whether the request was submitted prior to the termination of the grant. Only one 60 day administrative extension will be permitted, and the BBCRA has the sole and absolute discretion to grant or deny such extension. • Project items completed and paid for by the applicant more than 60 days prior to grant approval by the BBCRA Board are not eligible for reimbursement under the grant program. A complete application must be received within 60 days of payment in order for an expense to be eligible for reimbursement. Once a complete application is received, the application will be placed on the next available agenda for review and potential approval. • BBCRA Board approval of this grant results only in funding. Approval of BBCRA grant funding is NOT approval of any type of City processes including, but not limited to, permits and site plan modification. Applicants must apply for permits and site plan modification through the appropriate departments at the City. All commercial projects require permitting and site plan modification reviews. It is the responsibility of the applicant to obtain all necessary City approvals. • Grantees shall allow the BBCRA the rights and use of photos and project application materials. • The BBCRA Board may give preference to local businesses. For purposes of this grant, local business means a duly licensed business entity with an office location in Palm Beach County. Initials =;" Page 4 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com Projects and items eligible for funding under this grant program are limited to: • Structural walls • Plumbing • Flooring • Grease trap installation • HVAC system • ADA Improvements • Electrical systems, • Hood & fire • Signage including exterior and suppression • Doors/windows interior lighting • Landscaping and • Parking lot re-paving, • Patio decks irrigation within the re-sealing, and/or connected to the project site restriping building • Painting • Fencing (excluding • Demolition of structure • Roofing (Not to chain link, barbed wire, and re-sodding of exceed 50% of and wood panels) vacant property total grant award) • Electric vehicle charging • Solar electricity and • Security stations— See attached water heating — See cameras/system** ReNew PACE Eligible attached ReNew PACE (not including Product List Eligible Product List security personnel) ** Notwithstanding the limitation that grants may only be used once every five years for any one property, previous grant recipients that received less than the maximum amount of grant funding from Commercial Property Improvement Grants or Economic Development Grants are eligible to reapply to receive 50% matching reimbursable funding in an amount not to exceed $3,000 for the installation of new security cameras/systems. Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Property Improvement Grant Program: • Massage/Personal Services • Medical Research Centers/Housing • Firearm Sales/Shooting Ranges • Massage/Personal Services • Religion- Affiliated Retail Stores • Churches/places of worships • Non-profit Organizations • Alcohol and/or Drug Rehabilitation • Adult Gambling Arcades Centers/Housing • Check Cashing Stores . Any other use that the BBCRA staff • Adult Entertainment or BBCRA Board determine will not • Vapor/E-Cigarette Stores support the redevelopment of the BBCRA Area Initials j 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 BBC RA to the successful applicant will be made out to the applicant (the business entity). Grant funding amounts will be based on the applicant's project budget specified at the time of BBC RA Board approval, plus an added 20% for contingency funding. Tier One Business Tier One Businesses are eligible for reimbursement of 50% of the applicant's project budget as specified at the time of BBC RA Board approval, up to a maximum amount of $50,000 in grant funding. Tier One Businesses must be one of the following types of business: • Restaurant • 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 BBC RA Board approval, up to a maximum amount of $25,000 in grant funding. Examples of Tier Two Businesses include, but are not limited to, the following types of businesses: • Home Ddcor/Design - home • Boutiques- clothing, shoes & furnishings, art galleries, kitchen accessories wares • Law Offices • Accounting Offices • Hair/Nail Salons (no more than two • Real Estate Offices approvals per fiscal year) Initials Page 6 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435-Phone: (561)600-9090 www.boyntonbeachcra.com • Marketing Offices . Medical Offices • Fitness Facilities—yoga, dance . Insurance Offices exercise, martial arts, etc. . Take Out Restaurants • Auto Services Facilities — repair, . Tattoo Parlor/Body Piercing/Body storage, sales, etc Art Shop (no more than two • Specialty Retail Businesses — approvals per fiscal year) stationary, gifts, sporting goods . Florists (no more than two • Other commercial fagade only approvals per fiscal year) improvements Tier Three Business (no more than two approvals per fiscal year) Tier Three Businesses are subject to BBCRA Board for review and approval. Tier Three Businesses eligible for reimbursement of 50% of the applicant's project budget as specified at the time of BBCRA Board approval, up to a maximum amount of$15,000 in grant funding. Tier Three Businesses must be one of the following types of businesses: • Kava Tea Bar • Pawn Shops • Convenience Stores: (Fagade • Liquor Store and Security Improvement . Laundry/Dry Cleaner facility only) Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on lease at the time of Board approval. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that are the tenant's responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; r Initials � r Page 7 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com • Ability to terminate; and • Consequences of default on the lease. Application Process Applications can be obtained from the BBCRA office located at 100 East Ocean Avenue, Boynton Beach, FL 33435 or downloaded from .boytonbeachcra.com. All applicants are required to meet with BBCRA staff in order to determine eligibility before submitting an application. Applications will not be considered until all required documentation is submitted to the BBCRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the BBCRA Board. Applicants may submit complete applications via email or mail hard copies of the application with all materials to the BBCRA for review and approval by the BBCRA Board. Applicants will be considered on a first-come, first-serve basis. Application packets must include the following documentation: 1. A non-refundable fee of$100, which will be used to obtain a consumer credit report on the business and principal/owners of business. Make check payable to: Boynton Beach CRA. 2. Provide 2-3 sentence mission statement for the applying business entity. If the applicant is a commercial property owner, provide a brief history of the property and the current tenants of the space. This will be used as a way to introduce your business to the BBCRA Board. 3. Written detailed project budget describing the improvements to be done to the property. 4. Cost estimate(s) from a licensed contractor(s) as specified in the applicant's project budget. It must list all project costs for which the applicant is requesting reimbursement. The project budget must provide a total cost of the project. 5. Signage design, project color chips, material samples and material specifications, if applicable. 6. Copy of building permit receipt/application. If the permit has not been applied for prior to submission of the grant application, a copy of the building permit receipt is due within 90 days of grant approval, or the grant award may be terminated. 7. Resume for each principal/owner of the business. 8. Copy of the corporate documents for the applying business entity. Page 8 of 17 Property Improvement 100 East Ocean Avenue,4t"Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com 9. Copy of executed multi-year commercial lease agreement. 10.Copy of Warranty Deed. 11.Two years of corporate tax returns (for existing businesses only). 12.Two years of personal tax returns for the principal/owners of a new business. 13.Copy of design and construction plans associated with the proposed improvements. 14.List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 15.A minimum of four color digital "before" photos of the exterior and interior portions of the project. 16.Completed and signed application (attached). 17.Authorization to perform credit check for the business and each principal/owner of the business (attached). 18.W9 Form and Vendor Application (attached). 19.City Planning and Development Department Acknowledgement Form (attached). 20.City Permit Department Acknowledgement Form (attached). The above referenced City Forms (line 18 and 19) must be completed and submitted to the appropriate departments, which are located at City Hall 100 East Ocean Avenue, Building Department, Boynton Beach, FL 33435. Phone (561) 742--6000. Approval of Funding Request All raquired documentation must be submitted no later than noon two weeks prior to the second Tuesday of the month. BBC RA 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 BBC RA 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 BBC RA 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 BBC RA Board. The BBC RA recommends that applicants attend the BBC RA Board meeting during which the Board will consider their applications in order to answer any questions the BBCRA Initials Page 9 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435-Phone: (561) 600-9090 www.boyntonbeachcra-com Board may have regarding their applications. BBCRA staff will notify the applicant of the BBCRA Board's approval or denial in writing. Site Visits BBCRA may conduct a site visit prior to transmitting the application to the BBCRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during, and after the project in order to determine and ensure compliance with the terms of the grant. Procedures for Reimbursement This program is designed as a matching 50% reimbursable grant. All work for which reimbursement is sought must be completed and paid for by the applicant prior to the release of BBCRA funds. The applicant may request reimbursement for partial payments throughout the project for up to 50% of grant award. The remaining 50% of grant funding will be held until the project is completed according to the City of Boynton Beach Building Department, and if applicable, a certificate of occupancy has been issued, at which point the applicant may submit a final reimbursement request. The BBCRA will provide reimbursement to the applicant upon submittal of a complete reimbursement request package. All reimbursement requests and supporting documents must be submitted to the BBCRA (3) days prior to the grant expiration date. The BBCRA may refuse to issue grant funding if the submission is not received by the specified time. Once the work is completed the reimbursement request shall be summarized in a report and accompanied by the following documentation: 1. Invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid in full." Proposals for "work to be completed" or "bids" are not considered proper documentation. a. Each item must be supported by a cancelled check showing the face of the check, as well as the back of the cancelled check. The only forms of cash payments that are acceptable as evidence of payments are cashier's checks and bank transfers. A copy of the cashier's check to the payee must be provided as proof of payment. If payment is being made by a bank transfer, a copy of the statement from both payer and payee showing the transaction and/or copy of the email/text verification from both parties. r , _ n t InitialsF, �T Page 10 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com 2. Copy of City of Boynton Beach and Palm Beach County licenses (Business Tax Receipt). 3. For partial reimbursement requests, a Partial Release of Lien from licensed contractors must be submitted. 4. For the final reimbursement request, the following must also be submitted: a. A"final release of lien" signed by each licensedcontractor(s). See attached Sample of a Final Release of Lien form. 5. A minimum of 4 color"after" photos of the project. 6. A copy of the Certificate of Occupancy/Completion. 7. All in project costs to open or renovate the business for reporting of public to private dollar match By submitting the final reimbursement request, the applicant warrants that all bills for which applicant is directly responsible related to the project are paid in full including, but not limited to, all contractors, labor, materials, related fees and permits. Grantees may not submit work improvements for reimbursement that have been used as part of a reimbursement request for any other grant program offered by the BBCRA, City of Boynton Beach, Palm Beach County or the State of Florida. The Commercial Property Improvement Grant Program will only reimburse applicants for new expenditures that have not been submitted to other grant programs for reimbursement. SUBMISSION OFA APPLICATION ISNOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the BBC RA to any third party. The BBCRA is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible have been paid is sufficient assurance for the BBC RA to award grant funding Initials", Page 11 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com a' k - Ri T AGENCY t Y APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (d/b/a if applicable): r Current Business Address: f gg Fed I D#: C Business Phone Number: Cell: Website: L- � 1 � � Existing Business: Yes iNo % Number of years in existence: I Time at Current Location: New Business to Boynton Beach: Yes No' Do you have an executed lease agreement: Yes No If so, monthly base rent: New Business Addres1(iffjap livable): Square footage of current location: _ ,` Square footage of new location: 0 Type of Business: f b - Tier 1 Business: ❑ Tier 2 Business:' Tier 3 Business: ❑ (Tier Classification subject to BBCRA Board Approval) Number of Employees: : Hours of Operation. / ' List of improvements seeking reimbursement for: - Requested grant amount: Page 12 of 17 Property Improvement 100 East Ocean Avenue,4t"Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com 483 C...)1Y -A T N wmmBE A CH R tV &I O P T AGENCY APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (if more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Came.,___-. ��, .;` I Date of Birth: Email Residential Address: 3 Cell Phone Number: 2. Principal/Owner Name: ,,� Date of Birth: i Email: Residential Address: ' Cell Phone Number: -gip 3. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 4. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: Are you applying for grant assistance under any other program offered by the BBCRA? Yes ' No If yes, what additional programs are you applying for: Page 13 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com TW 00, � t ` T % A C)PI), I. ( � ��@ '��tr � }�, �� t � � f tic qt�`��.. am ........... 0(,`,,�,X%% ,r Vi4(i) APPLICANTINFORMATION Are you receiving grant assistance under any other governmental agencies: Yes_ No If yes, list any additional grant sources and amounts: LANDLORD INFORMATION: Landlord Name: .h �, 4rbve-A 7xzwo_ ��e,kxr04 ��" � SS 4 P4- Landlord's Landlord's Mailing Address: l � Landlord's Phone Number: I - CERTIFICATION AND WAIVER OF PRIVACY: For purposes of this certification and waiver of privacy, the term "I" refers to the applicant and to all signatories below individually. By signing below, each signatory represents and confirms that he or she is authorized to sign on behalf of the applicant(s). I, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Property Improvement Grant Program, and it is true and complete to the best of my knowledge and belief. I further certify that 1 am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. 1 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. 1 understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I Initialer Page 14 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com ir 'Y ff Nil IN om «tia, wmwBE-t � � i C 1 UNY Y R t 1 J f E Prv7 3'S"f'AGENCY' APPLICANT INFORMATION understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue grant payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer in furtherance of the Boynton Beach Community Redevelopment Plan. To the maximum extent possible, I hereby waive my rights to privacy and confidentiality for all matters contained in this application, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I specifically authorize the BBCRA to run a credit report as part of this application,and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. I give permission to the BBCRA or its agents to take photos of myself and business to be used to promote the program. understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. ,1 Initials Page 15 of 17 Property Improvement 100 East Ocean Avenue,4 t Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com BOYNTO .ommBEACH CRA COMMUNIV REDEVELOPMEENT AGENCY APPLICANT INFORMATION APPLICANT SIGNATURE r, wner's!i aIwe Bate7 Printed Name Title 2. t r Principal/Owe r s Signature Date Printed Name j Title 3. Principal/Owner's Signature Date Printed Name Title 4. _ Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF ._.. COUNTY OF 7)a I, BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared w. , who islare personally know to me or produced_ ry as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and .,q, ....wbk County aforesaid on this ._. day of int" TARY PUBLIC t M Commission Expires: Aides L. Rodriguez Y P NOTARY PUBLIC-STATE OF FLORIDA MY COMMISSION EXPIRES MARCH 10,2023 COMMISSION NO,OG 291725 P e 16 of 17 operty Improvement 100 East Ocean Avenue,41h Floor, Boynton Beach, FL 33435-Phone:(561)600-9090 www.boyntonbeachcra.com J N 11* 0000417 k �� 31 'R 01 F €tiA l R D V i 1}' i TG 2 4 LANDLORD INFORMATION LANDLORD 9IGNATURE r t , Landlords Signat re Date Printed Namep r f. Title 2. Landlord's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures-Multiple notary pages may be used if signing individually STATE OF COUNTY OF'- BEFORE F BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared :.r °) ` r., 4r) `-, who is/are personally known to me or produced 4 .. n'. as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this _ day of `) A `r�y:x ,20Q-1 r 6A , I ®TARY PUBLIC CHELSEA ROSS My Commission Expires: e G Notary Public,State of Florida Commission#GG 306079 My comm.expires FEB.26,2023 Page 17 of 17 Property Improvement 100 East Ocean Avenue,0 Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com 11/22/21,4:46 PM PAPA Maps EA DOROTHYJACKS . , 2 CFA,AAS �r iit Palm Beach County Property Appraiser Search by tsar✓rle;r,Address or Parcel I , View Property Record Owners ENGLEWOOD HOLDINGS INC t __ Property Detail Locatic'm 906 5 FEDERAL HWY A i iri nicil llt r BOYNTON BEACH F i' -i1 1 s "FB F°•I F FLS t �� - n-1 Hc, 08434527060000460 S.ill BOYNTON ISLES IN z rk 09999 a_"'1942 Sal,,Cat,,SEP-]997 - r 1921 SW 36TH AVE DELRAY BEACH FL 33445 , 6650 Us,,T,r`"- 1900-MEDICAL OFFICE- -F BUILDING UPT04STORIES Tol-1 �1` 5023 n tr Sales Information - Sales Date Price y 1 } .SEP-1997 107500 JAN 1972 305200 I Appraisals ,ir _{�$�tf Tax Year 2021 —i irill llirillm' $698,146 � I Lam_w'-1,tr, $318,343 $k ToilM-ik,iV.,.b., $1,016,489 9} f iii F ��1(iw I All values are as ofJanuary 1st each year y k Assessed/Taxable/ y f values Tax Year 2021tr; JiR 1 A value $1,016,489 r 1 { f Airic'um $0 - T,x,.lrl, Vak $1,016,489 - _- Taxes Tax Year 2021 w'alcm"in $21,568 ('1t7m Val«real $2,336 Total tax $23,904 https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434527060000460 1/1 Commercial Sublease This Commercial Sublease(this "Sublease") is made effective as of May 10, 2021, by and between Advantage Wellness LLC ("Tenant"), and Advantage Physical Therapy LLC ("Subtenant"). Tenant has previously entered into a lease agreement with Englewood Medical Associates of the Palm Beaches, Inc ("Landlord") dated May 10, 2021 (the "Prime Lease"), a copy of which is attached as an exhibit to this Sublease. Tenant now desires to sublet the leased property to Subtenant and Subtenant desires to sublet the leased property from Tenant. Therefore, the parties agree as follows: PREMISES. Tenant, in consideration of the sublease payments provided in this Agreement, sublets to Subtenant a 2000 Square foot office building at the listed address located at 906B South Federal Highway, Boynton Beach,Florida 33435 (the "Premises"). The legal description for the Premises is: Exclusive use of the entire facility for the deliverance of Physical Therapy , Occupational Therapy, Speech Therapy and Medical Nutritional Therapy Services TERM AND POSSESSION. The term of this Sublease will begin on May 10, 2021 and unless terminated sooner pursuant to the terms of this Sublease, it will continue for the remainder of the term provided in the Prime Lease, which terminates December 31, 2023. SUBLEASE PAYMENTS. Subtenant shall pay to Tenant sublease payments of$4,171.24 per month, payable in advance on the first day of each month. Sublease payments shall be made to Tenant at 3639 W Woolbright Rd, Boynton Beach, Florida 33436, which may be changed from time to time by Tenant. The rent will remain unchanged for years 2022 and 2023, unless the rent is raised by the Landlord due to provisions in the Prime Lease to Tenant. Any increases in the Prime Lease rent will be passed on to Subtenant. Utility Costs. Subtenant shall pay for all utilities, including Water, Electric, Telephone, and Internet used or consumed at the Demised Premises during the term of this Agreement as currently obligated by the Tenant under the Prime Lease. The utilities shall be paid directly to the utility company if separately metered; otherwise, the utilities shall be prorated by Tenant in a fair and equitable manner as mutually agreed to by Tenant and Subtenant and be billed to Subtenant at the same rates as billed to Tenant by the utility company for payment to Tenant. The bills shall be due and payable within ten days of receipt. Property Improvements. Subtenant will be soley responsible for any property improvements required for business operation and aesthetics. Facility maintenance and repairs will be under the responsible party assigned in the Prime Lease. Termination. Subtenant my not terminate sublease unless there is a breach of agreement by Landlord or Tenant. Prior to termination, any breaches will allow for 10 days to resolve upon written notice. DEFAULTS. Subtenant shall be in default of this Sublease if Subtenant fails to fulfill any lease obligation or term by which Subtenant is bound. Subject to any governing provisions of law to the contrary, if Subtenant fails to cure any financial obligation within 5 days (or any other obligation within 10 days) after written notice of such default is provided by Tenant to Subtenant, Tenant may take possession of the Premises without further notice (to the extent permitted by law), and without prejudicing Tenant's rights to damages. In the alternative, Prime Tenant may elect to cure any default and the cost of such action shall be added to Subtenant's financial obligations under this Sublease. Subtenant shall pay all costs, damages, and expenses (including reasonable attorney fees and expenses) suffered by Prime Tenant by reason of Subtenant's defaults. The rights provided by this paragraph are cumulative in nature and are in addition to any other rights afforded by law. LATE PAYMENTS. For any payment that is not paid within 5 days after its due date, Subtenant shall pay a late fee of$50.00. SECURITY DEPOSIT. At the time of the signing of this Sublease, Subtenant shall pay to Tennant, in trust, a security deposit of$100.00 to be held and disbursed for Subtenant damages to the Premises or other defaults under this Sublease (if any) as provided by law. Upon the vacating of the premises for termination of the lease, Tenant shall have 15 days to return the security deposit together with interest if otherwise required, or in which to give Tenant written notice by certified mail to Tenant's last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in substantially the following form: This is a notice of my intention to impose a claim for damages in the amount of upon your security deposit, due to . It is sent to you as required by Section 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (tennat's address). Compliance with this section by an individual or business entity authorized to conduct business in this state, including Florida-licensed real estate brokers and salespersons, shall constitute compliance with all other relevant Florida Statutes pertaining to security deposits held pursuant to a rental agreement or other landlord-tenant relationship. Enforcement personnel shall look solely to this section to determine compliance. This section prevails over any conflicting provisions in Chapter 475 and in other sections of the Florida Statutes, and shall operate to permit licensed real estate brokers to disburse security deposits and deposit money without having to comply with the notice and settlement procedures contained in Section 475.25(1)(d). CUMULATIVE RIGHTS. The rights of the parties under this Sublease are cumulative, and shall not be construed as exclusive unless otherwise required by law. NON-SUFFICIENT FUNDS. Subtenant shall be charged $35.00 for each check that is returned to Landlord for lack of sufficient funds. PROPERTY INSURANCE. Lessor, Tenant and Subtenant shall each maintain appropriate insurance for their respective interests in the Premises and property located on the Premises. Tenant shall receive advance written notice from the insurer prior to any termination of such insurance policies. Subtenant shall also maintain any other insurance which Tenant or Lessor may reasonably require for the protection of Tenants or Lessors interest in the Premises. Subtenant is responsible for maintaining casualty insurance on its own property. LIABILITY INSURANCE. Subtenant shall maintain liability insurance on the Premises in a total aggregate sum of at least $1,000,000.00. Subtenant shall deliver appropriate evidence to Tenant as proof that adequate insurance is in force issued by companies reasonably satisfactory to Tenant and Lessor. Tenant and Lessor shall receive advance written notice from the insurer prior to any termination of such insurance policies. WAIVER OF RIGHTS. Each of Tenant and Subtenant agrees to, and does hereby, waive all rights of recovery and causes of action against the other,their respective agents and employees, and all persons claiming through or under the other, relating to loss of business, business interruption or loss of rentals resulting from any damage or destruction to the Demised Premises or any of Subtenant's property contained therein, notwithstanding that any such damage or destruction may be due to the negligence of Tenant or Subtenant, their respective agents or employees. Tenant and Subtenant also waive all rights of recovery and causes of action against Lessor for loss of business, business interruption or loss of rentals, resulting from any such damage or destruction, notwithstanding that such damage or destruction may be due to the negligence of Tenant or Subtenant, their respective agents and employees. NOTICE.Notices under this Sublease shall not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed as follows to every interested party: TENANT: Advantage Wellness LLC 3639 W Woolbright Rd Boynton Beach, Florida 33436 SUBTENANT: Advantage Physical Therapy LLC 906B South Federal Highway Boynton Beach, Florida 33435 LANDLORD: Englewood Medical Associates of the Palm Beaches, Inc 1921 SW 36th Ave Delray Beach, Florida 33445 Such addresses may be changed from time to time by any party by providing notice to the other interested parties as described above. GOVERNING LAW. This Sublease shall be construed in accordance with the laws of the State of Florida. LANDLORD'S CONSENT. The Prime Lease requires the prior written consent of Landlord to any subletting of the Premises. Such consent has been obtained and is specified in the Lease Addendum signed May 5th, 2021. INCORPORATION OF PRIME LEASE. This Sublease is subject to all of the terms of the Prime Lease with the same force and effect as if each provision of the Prime Lease were included in this Sublease, except as otherwise provided in this Sublease. All of the obligations and rights of Tenant under the Prime Lease shall be binding upon Subtenant. All of the obligations of Landlord under the Prime Lease shall inure to the benefit of Subtenant. It is the intent of the parties that, except as otherwise provided in this Sublease, the relationship between Tenant and Subtenant shall be governed by the various provisions of the Prime Lease as if those provisions were included in this Sublease in full, except that the terms "Landlord," "Tenant" and "Lease" as used in the Prime Lease, shall instead refer to, respectively, "Tenant," "Subtenant" and "Sublease." The Subtenant herein executes this Sublease with the express acknowledgement that Subtenant has read, reviewed, understands and agrees to comply with all obligations, rights, limitation and responsibilities contained in the Prime Lease. TENANT By- Date:" I/11ness Adv 4to LLC M F rgione, Authorized Member SUBTENANT By: 1V Date: W Z5 Ak�n4je P ys* al Therapy LLC Mark Forgone, Authorized Member ADDENDUMS TO LEASE AGREEMENT TO BE ASSUMED BY ADVANTAGE WELLNESS, LLC ORIGINALLY SIGNED DECEMBER 21 ,2019 BETWEEN ENGLEWOOD MEDICAL ASSOCIATES OF THE PALM BEACHES, INC (LESSOR) AND OAK MT, LLC (LESSEE): ADDENDUM 1: This addendum applies to Lessee's renewal options and does not apply to any other terms in the original contract. RENEWAL OPTION: Lessee shall have the option to renew this Lease for an additional two terms of forty-eight (48) months each. Each option term will be four (4) years and the rent be based on fair market rates of comparable space with a floor of two percent (2%) and a ceiling of five percent (5%) increase for the first year of the first renewal option and then a two percent (2%) annual increase for the second, third and fourth years. The second option renewal will also be based on fair market rates of comparable space with a floor of two percent (2%) and a ceiling of five percent (5%) increase for the first year of the second renewal option and then a two percent (2%) annual increase for the second, third and fourth years. In order to exercise the option to extend, Lessee shall notify Lessor in writing not less than four (4) months prior to the expiration of the current term of its intention to exercise its option to extend. ADDENDUM 11: This addendum applies to errors noted in the original lease. 1 Corrections to original lease: Section 3. TERM: The term of this Lease shall be Forty-Eight (48) months, commencing January 1, 2020 and ending at 11:59 p.m. on December 31. 2023. Section 45. RENEWAL OPTION: Provided that the Lessee is not then in default under the terms of this Lease, then Lessee shall have one (1) option to renew this Lease for an additional term of forty-eight (48) months, upon terms and conditions to be negotiated by the parties, except that the annual Base Rent during the option period shall be adjusted in accordance with Section 46 thereof. Section 46. OPTION: Option term will be fourj4jyears and rental will be based on fair market rates of comparable space with a floor of 2% and a ceiling of 5% increase for the first year and 2% annual increase. ADDENDUM III: This addendum applies to additions to the original contract. ADDITIONS: 1. Lessor agrees to repair the ceiling once the roof has been replaced. 2. if during the course of leasehold improvements by the Lessee, if feasible, the Lessor agrees to relocate the air handler including any duct work and electrical connections to a mutually agreed location that facilitates the direct flow of the air handler water discharge to the exterior of the building at the Lessor's expense. The AJC air handler will be placed inside a new constructed or existing 2 closet and the previous A/C air handler closet will have any damaged drywall replaced and the closet painted and fitted with wood shelving. If the relocation of the A/C air handler delays Lessee's business operation, Lessor will credit Lessee five percent (5%) of the total monthly rent fees per day of forced closure. 3. The security deposit made by OAK MT, LLC and held by the Lessor, will transfer in name to Advantage Wellness, LLC once the Lessor receives a release from OAK MT, LLC. 4. The Lessee will be granted sublease of all or partial use of leased space to Advantage Physical Therapy, LLC. 5. Lessor will grant Lessee a twenty-five percent (25%) reduction in rent for the first four (4) months starting June 1, 2021 and ending September 30, 2021. The rent for the first four months will be $2,937.50 + $190.94 (Florida State Sales Tax) for a total of $3,128.44. Starting October 1, 2021 the rent shall revert to $ 3,916.66 per month + $254.58 (Florida State Sales Tax) for a total of $4,171.24. ADDENDUM IV: This addendum applies to changes to the original contract. The following statement to be added to Section 16. ASSIGNMENTS AND SUBLETTING: Assignment, subletting or transfer of this lease and terms shall not be unreasonably withheld as long as such assignment, subletting or transfer is to an entity with the same scope of practice. The following changes are to be noted to Section 22. Default: 3 Subsection 22 (a) sentence one (1) ..........then, in any one or more of such events, upon Lessor serving a written five 5 day notice of cancellation to comply with or remedy such default, the Lessor may elect to declare Lour 4) months rent due and payable forthwith, or at the option of the Lessor, this Lease and term thereunder shall terminate and come to an end on the date specified in such notice of cancellation, and Lessee shall quit and surrender the Premises to Lessor as if the term hereunder ended by the expiration of the time fixed herein .......... Signed: May , 2021 Lessor: Engl o d Medical Associates of the Palm Beaches, Inc Joseph M. t&etIzano, M.D. Lessee: vantage ellneess LLC Mar 1,CIF' or o 1,74 _Bt'ILDING LEASE 1. PARTjEs THIS LEASE AGREEMENT(hereinafter referred to as the"Lease")is made this —day of' December, 2019, between ENGLEWOOD MEDICAL ASSOCIATES OF TIIE PALM BEACHES, INC. (hereinafter referred to as "I.,,essor"), and OAK MT, LLC, an Illinois Lin-iited Liability Company licensed to do business in .E (hereinafter referred to as "Lessee"). 2. DESCRIPTION Lessor hereby leases to Lessee and Lessee hereby]cases frons Lessor,the space as presently constituted (hereinafter referred to as the "Premises"'). known as 906B South 11'ederal Highway. Boynton Beach. Florida 33435,consisting of two thousand(2.000)square fleet ofnet useable area of the building located at 9061 South Federal Highway. Boynton Beach, Florida 33435 (hereinafter referred to as the "Building"). The Premises shall be designated as "Suite B" of"the Building. Building square footage is live thousand (5,000) square feet net useable area. 3. TERM The term of this Lease (hereinafter referred to as the "Terrn") shall be for Forty- Light (48) montlis, commencing on January 1. 2020 and ending at 11:59 p.m. on December 31. 2024, thereafter, or on such earlier date as this lease may terminate as hereinafter provided. If Lessee shall take possession of the Premises or any part thereof prior to the Cominencenient Date (which Lessee may not (to without Lessor's prior written consent).all of the covenants and conditions of this Lease shall be binding upon the parties hereto with respect to the Premises as if the Commencement Date had been fixed as the date when l-essee took possession of the Premises and Lessee shall pay Rent for the period of such occupancy prior to the Commencement Date at the rate of the annual Base Rent set f6iih in Section 4 hereof prorated for such period of occupancy. Said early possession shall not advance the termination date of this Lease. 4. BASE RENT Lessee agrees to pay Lessor as Base Rent monthly installments in the amount of$3.750.00 per month, plus Florida State Sales Tax for the first year. The second Year rent shalt thereafter be increased to $1,916.66 per plus Florida State te S 'fax ax for the second year. The gross annual rent shall. stay the same for year three and year four. unless oil a per annum basis the real estate taxes and insurance costs of the building increase by 10%or more over the base amount from 2019. If the real estate taxes and insurance costs exceed the I 011/o threshold. then the base rem for years three and four would be increased by an additional 40%ofany increase in real estate tax- es and insurance costs over the 2019 base amount plus the threshold of 10%. Further sums may be due as "Additional Rent" as hereinafter set forth. "Y Base Rent shall be pq ahlo in advance on or before e th first day ofeach and every c;aendar ii`iontl-i during the tern`l.. including all I'ene„\'als and extensions thereof. R.it for an\ period during? the Lease Tenn w0ch is for less than one (i) naensh shall be a pro rata portion of the mmillly instaHment. Lessem shall pasall sales and OF use: tax on said Base Rent. The teripi "Lease Year” as tiled herein shall n-ie°ail a consecutive t\\el\e month period i c}i rnenc;ingy€n the C bmn nc:ernent D ato(if such date falls on tete first dad oFa calendar month)or on the tlrst day o they calendar nlor'ti Collo\, ii'3p', the Con-irneneeri,ent Date Of We C_bnitl`le:le;ement Dai,e does not tall on they iiist day of to calendar month), SHARE OF UTILITIES AND IRIS AL ESTATE,TE, I'AXES hi addition to the base; Rent, each c eilc'tidar year he Lessee is requircd to pati tlli!:ties (ir? ;iuehng Ina not hunted to electric. "aim. sewer sanktion. hereinaller ri'kn-od to as }'l_ tilit.tl4;"j paid by Lessor tui nishc d to the Pre nkes and such tiro reit. share shall he da.I)ec as "Adclidm al Rem", TAXES: I_,esaw tli_rees to pay to th,: loyal tai autlic>rities grid other o\errirr,tnl:al l i1CiLs. :ll i)u;??hotit',lie tern of dis Lease and an) rc;nt.'nal Wereoil all real estate taxes.and all asse`srnt tlts, which rna\' be W ieid against the BudInr and the land, and the Lessee shall pad' any luoper-ty tax generated hj any lease hold improvements, I.t TILL"I`IES CH AIZGE : A separaxe`pater me tei-has riot t-)eLil prop idea,i essor 2<,,Ic;es to i tit ide water up to 5.{ OO gallons per -notith. and ajr-i b� the tenant culpably for the overage dace to negUgence or f ailiry to €u ckly rune;dl any water wamage. Lessor shall to their option, have the absolute right t0 install separate to water inciers (,it Lessor's expense) mith each tenant thea alter reVonsitile 'or their own \aster bills. f enc)e slmH also pay Ar Chair electric- phone and internet charges. l e sse'c shall dc'po"'it\\'lth L,,-ssoi'On the signing of this l.eane the, sum{}f ."i '.833.-??as sr'curit `C'i ,.i't' 'y Y.l3o7`inu.'tIC:=:' A ,...t'i_C'i;'s t.}btl'-�cli. .}i-Is 1.1ide,i' t.it, Une, Ncluding su rende-of possc.vion efthe low—niscs to Uis.sol-gas herein pro\ide d. 1, a._s;'s tiot applies any part Cof the deposit to Clue any default o less m Lessee shall width"i ten ( Ill) da-)s i,iel \\ritten de nla nd tl"yl,:%de-Inset with l"€s:or the tarsi) l211 s€)appHcd se?that Ussor shad have:the j tall deposit on hind ai. A] tilers du6ng the terms of the I case. `- ithh., third (30) daysafter the e, I . eaten of We f)Q inal oi' extended term Increoi. on the Condition I..essee liar fully and faithhdV palmmed every l_nwision of this Lease to he performed h� itthe, security deposit. or any balance thereof. together vSith all interest earned thereon, snail be rc;turned 'to I.cs,see (or at Lessee's o)"7 on to the last permittedassignee- if tangy. of f,esse c's interest WnWrndern Lessee acknowledges lecdges that 1_.essot !las the right to trwi s%its imemst in the Land and Building an,d in this Lease,and I , `5see afire ec,that in tile'a\'eat of ani' such transfer. Lessor shill have e right to transfer the security deposit to the transferee. Upon written ackno�vledoeincnt of'transferee's receipt of such security deposit. Lessor shall thereby be released by Lessee from all liability or obligation l'or the return ol'such Security deposit.and Lessee agrees to look solely to such transf rce 60r the return of the security deposit. OCCIr 7. I.JSE AND PANCY Lessee shall use and occupy, the Premises as a physical therapy practice and for no other purpose,,., without Lessor's prior written consent. 8. `CAVE NANT TO PAS` RENFI, Lessee shall pay rent,and any additional rent as hereinafter provided,to Lessor at 1921 SW 36"' Avenue. Delrav Beach. Florida 33445 or by direct deposit. 9. CARE AND REPAIR OF PREMISES Lessee shall commit no act of waste anti shall take good care of the Premises and the fixtures and appurtenances therein.and shall,in the use and occupancy of the Premises.conform to all laws, orders, and regulations of the Federal, state. and municipal governments or any of their-agencies or department.All improvements made by Lessee to the Premises which are so attached to the Premises that they cannot be removed without material ii1jury to the Premises, shall become the property of Lessor upon installation. Not later than the last day of the term of this Lease. Lessee shall, at Lessee's expense,remove all of'Lessee's personal property and those improvements made by Lessee which have not become the property of Lessor. Including trade fixtures. cabinet work, moveable paneling.partitions,. and the like. repair all injury done by or in connection with the installation or T� le remo\,,alofstichpropert��aiid.ii-ripro%,,eiiients-ajidsui-i-ei-,tdertlielli-ei-nisesinas6ToodconditiojiastI y were at the bei inning-iing of the Term,reasonablema,, wear. and dae by circ, the elements,casualty, or other cause not due to the misuse or neg0ect by Lessee or Lessee's agents. emploN Tes. visitors, or licensees,excepted. All property ofLesseeremaining on the Premises after the last day of the'Verm of.'this lease shall be conclusively deemed abandoned and may be removed by Lessor, and Lessee shall reimburse I-essor for the cost of such removal. 10. CONSTRL'ICTION OF PREMISES Lessee agrees that it will not construct any improvements without the prior Nvritteil consent of Lessor. 11. ADDI `IO NS,ALTERA,nONS, OR IMPROVEMENTS Lessee shall not. without the prior expressed written consent of Lessor, make any structural alterations. improvements or additions in,to., or on and about the Premises. Lessor's refusal to(,)'live said consent shall be conclusive. If Lessor consents to said alteration,improvements or additions,it may impose Such conditions with respect thereto as Lessor deems appropriate, including.. without limitation.requiring Lessee to furnish Lessor with security 66r the payment of all costs to be incurred 3 in connect 10n NAh security Art he pal,non t of all cogs to be incuued in connection ltithsuch \A,ork. insivance auainst habilitics Mich ma) arise out of `such "orl, and plans and sped0cabons pk,,,s Powits necessary A such \vork. Tlo kyork necessary to make any alteration, intproven-lents or ARM to the Prernises shall be, clortt','at 1,csscc's cNvnse. 1 pon cormpletion Much \wnl, Lessee shall d;'1 Nvr to Insson it pa\tncnt i, !rade' b11"'ss'o'e direcll\ to) contractors, c\idence of pat , Tie nt- contractor'.,, affidavits and M and final warvers oCall lions f(-)r labor, serAces or mater-ials. Lessee shall Wind and hold I vsyr and to Building harmless lYom all costs. damage% Hens and expenses rod yd to such%urk. All ivork done hl Lessee or its contractors pursuant to this Section 1,2 shall be done in a t1irs-class Yoorkmanlilce manw,uAng,only good �.,,rades'ofirtaterials and shall cominkv �-�i1h all insurance requirements and all applicabin laws and ordbanccs and mics and regulation of oo\crm-mental departitrents or agencies, 12. COVENANT AGAINSTIAENS Lessee has no aujhorijV 01- r)o\\er to cause or permit an., Hen or encundnance of an) Und whatsoever. whether created b;, act of 1-4;ssee. operation oflaw or other\,kise.to attachto or heplaccd upon Lessor's title or intcrc,,t in the BuHdkg or Pwrnive� and any and all Hen,,, andC1it'LlI11171L1IlC e.' created b; Lyssee,shall attach to I.csscc's intcrcsl only. co\enants and ciurec'S net I0 SLI ficror an\ "Hen of muchmics or ruawrial men or Mhers to he placed aganst the BAldby, or We Mmises \Vilh N"spcetTO Nkurk or serAces claimed to have been per-Fornied 6or or tuaterials chraned U) have been fumished to Lessee or the Mmisen arid, in case of anv such An ammAw, Lynee covenamts and a`}recs (() o:�Ause it to be released and rernoved of record N.\ithitt ti ve(5) business clays in to evou that smh An is not rejcas�.,d and ruino-ved \N ithin five(5)business day-,oCnotice. 1'cssor- ,it its sole option. may take all action necessary to release and remove such An (ndAns aq h djt\ thereof)and 1.esscL'Shall I)1*01111)11\" upon notice r6mbtuse Lesaw Ar Jua�, Lo investiaate the val A sunn.cons and expenses(jncludincreasonable atiorne'v's lies)incurred by Lessor in cone c;ion \-Oth such lie!] to2lether \\ith a fifteen percent ( 95) adminknath e chwxc 13. ACTIVITIES INCIZFASING FIIS F IVM-RANCE Lessee shall not do or suffir anyrhin2 to be done on the Wernises that will increase the rate of insurance on the Btrilding. If Ity reasOri Of1hL iailUrC 0!TC,,;scc' to conipl�, \vjth the terms of this JLc'a)c, or breason oFl,cssec n o"oparw, (n on though permitted or conte rnplaied b� this Lease), the inswance rate shAl at any tine be hh,,,'her than it \!ould othcrwise ht�, ll-es,,co, shall reirnburse Or for ilia! part of aH hourance premiurns clhar_ged bccaut c M'Such violation or occtqpanc\ h\ lyssee, 14. ACC(,'-N'1t-1,ACFM>Q WT NV,kSTE M REFUSE MA I'M Lessee shall not pc rnnt tho-'acc-urnulation of nALrs��matter on or about the Prenn-,e�) or any"here in or near We Buddins Lence shall be resimmstle to Ake the mad c<ns We cmrb on Specified trash days and dwn Awn them to the imsh enclosit"'c'. TIo Lessee \\ill be aivel"a ke-, for "he trush, enclosure. Note: trash cans are not to be OWN to rematin at the curb overnight or on holidays. ) large unh Arms am to he retained in the mash enclosure, Ile Lumee "ill alt d to 1-nake arrangernems Wr a speck! pick up to hmd awa� an1 - 1c3rge [rasn iiem" at their experlse. 15. ABANDONMENT Lessee shall not. without first obtaining the written consent of Lessor,abandon the Premises. or allow the Premises to become vacant or deserted. 16, ASSICNMENT AND SUIBI.,ETTING Lessee shall not, without the prior expressed written consent of Lessor.(i.)assign,convey or mortgage this Lease or any interest hereunder. (ii)suffer to occur or permit to exist any assignment ofthis Lease.or an); lien upon Lessee's interest. Hivoluntarily or be operation of law-,(iii)sublet the Premises orany part thereof,or(iv) permit the use ofthe Premises by any parties other than Lessee and its employees. Lessor's consent to an,,,, assignment, subletting or tratisfer or I...essor's election to accept any assignee. subtenant or lrans[�:ree as the tenant f)CrCUnder and to collect rent from such assignee. subtenant or transferee shall not release the original Lessee from anv covenant or obligation under this Lease. Lessor's consent to any assignment. subletting or transfer shall not constitute a waiver of Lessor's right to withhold its consent to any future assignment, subletting or transfer. IfLessce is corporation and ifany, transfer.sale,pledge or other disposition of the majority or controlling interest of the outstanding-stock.be changed. Lessee shall so notify lessor and Lessor shall have the right. at its option, to treat an), such transfer. sale, pledge or other disposition as an assignment under this paragraph and subject to all restrictions herein. 1.7. COMPLIANCE WFI'HRU'LES AND LECA-TATION t.essee shall observe and comply with the rules and regulations f'or the Building attached hereto as Exhibit "A" and made apart hereol.and with such further reasonable rules and regulations as 1_essor may prescribe, for the safety.care,and cleanliness ofthe Building and the comfort,quiet. and convenience of other occupants of the Building. 18. ELECTRICAL EQUIPMENT The Lessee shall not install or maintain any electrically operated equipment,machinery.or heavy equipment except light office machines and those machines normally used in the conduct of Lessee's business, %vithoLit first obtaining the written consent of the Lessor which shall not unreasonably be withheld. The Lessor may condition such consent upon the Lessee's paying for any excess consumption of water and/or electricity occasioned by the operation of said equipment or machinery as additional rent. 19. DAMAGES TOBUILDING' If the Building is damaged by fire or arty other cause to such extent that the cost of' restoration. as reasonable estimated by Lessor. will equal or exceed Thirty Pet-cent (130%) of the replacement value of the Building (exclusive of foundations) just prior to the occurrence of (lie damage,then Lessor may.no later than the forty-fifth(45)day following the damage.give Lessee a e no-tice of election to terminate this Lease. In the event cd` rich election. As Lease shall be deerned LO [-v['MiTlatC On the Went ( 1 ^) day after the giving of such mice. Lessee shall surrender posession of the Prcndscs. on or het`or , thc, 1-Iii'tcenth ( 15) day a Cict-notice of election tot ern,iliate, and t-he and .in\, additional rent, sha11 he apportioned as ofthe date ofsurrender. Any rent paid lor any pen-jod hevond such date shall be repaid to Lessce if the cost of resroratkni as cArnated h,v I essor shall arnowit to less tan 71%, Namrit ( M I0 of thon replacement value of the building. or it'. J�,pite the cost. Les'sor does not clect to termilatc this Lease. Lessor shall restore the BOW,u and Premises with reasonable prompmess \v it1hin Bony-five (4-5) day S, stibiject to &ja,,,-.s heyond iessor's control and delays in the making of insuira"nCe adjusti-nests between Lcssor and his insurance carrier and Lessee shall have no right to te.,,nrninate As Lease except as herein provided, Lesmw need not restore fixtures, improvernents.and ,:dierations wA tied by I oven In an) caw in which use of the Premises is afTecred by arly dirrna= to the Builth v there ANt be either mi abatement or an Mijklable recluction hi rent del endIng on the period to,,,which and the extont V) vJnCh are PrCiTlises are not reasonably useable Ar thy'purposc for which they are It 1wratricien The words "restoration" and "restore" as used.in this Section shall include repairs. ffihe damage results from the vault of Lenco or Lcssec's agents, emploees. visitors. or licensees. le sec shall not be enAled to any abalernent or reduction of rent. 20. �NAJV'LR OF' SUBROC'�ATIWN' in any event ofloss or darr-iagc to We lKildYngAbe fhvrnises and/or an) contents, each party snail look Arsit to their insurance in As fin-or before making anI Caiin, against the offier parte, 1() the cxwnt possible Whoul additional cost. each pany shall obtain for each policy of-such insuranc,,.. prov i`ion perr-nitting waiver of snq claim agAnq dw odwr party l'or loss or danrag.c \w idnin the scope of nrch insurance.arh] cach pLiriy, to `uch extent pernlit1.cd, f'or itseffand its insurers kVUiVCS all SUCh nrsuj-c',1 chu.n.-ts agaJiust the otirer party. 21. EMINENT DONIMAN i1 1he'P-rejrn�,cs or any part thereof or mix estate therein. material!) aiTecting Lessee'suse of the Premises. shall be taken by erninent donial, this Lease shall terminate, on the date when tilic vests pursuant to such taking. The rent, any additional rent, sliall be apportioned as of the un-ndnation (late,and any rent paid Ar an) period beyond that date shall be repaid To I-essen Lessee shall not he en6ded to aq part of Lhe award for such taking or any payrnent in lieti thereof. but Lessee Shall hac the light to recover num the conderralig auduvity. but not hemi Lessor. such corn,pensaiion as may be separatAy awarded or recoverable Wr the taking M' fixtures and improvements ovuried lh� Lessee,1piro1 Ad no Awh chim simll diminish or otherv\ise adversely aftled 21 DEFAULT (a) it'! cssce fails to pay anN rental or other payment due hereurAer of upon as fladure to lxrlbnii any other of the tunn of ads Nase to bc(blew cd, o,-perl'ofilled by I-essee on its part to be observed or perf'orined, or is Ussce shall becarne hankupi or insolvent. or Hie any dehlor proce�ding,s A take or have taken agairi-si Lessee in an), court l),un-suarit to any stanuite either ofthe t.'Red Sizes or Mo l Size a pailm in bwWuptcN or insolvency or to rcorgarfi7ation or for tile appointment of a receiver or trustee of all or a portion of Lessce's property, or if Lessee makes an assignment for the benefit of creditors or petitions for or enters into an arrangement,or suffers this Lease to be taken under any, writ ofexecution or attachment or if this Lease shall pass to or devolve upon,by law or otherw'ise,on other than I-essee except as herein provided,then. in any one or more of`such events.upon Lessor serving) a written three(3 1)day notice of cancellation to comply with or remedy such default.the Lessor may elect to declare the entire rent for the:.balance oftheterin Orally part thereof. due and payable forthwith, or at the option of the I..,essor, this Lease and the term thereunder shall terminate and come to an end on the date specified in such notice of cancellation. and Lessee shall quit and surrender the Premises to Lessor as if the term hereunder ended by the expiration of the time;fixed herein.but I..,essee shall remain liable as hereinafter provided. (b)ifthe notice provided shall have been given and the term shall expire as aforesaid, or should Lessor elect not to terminate this Lease, Lessor shall have the immediate rip I I ,ht of and may remove all persons and property frorn thellrernises and Such property may be removed and stored in a public m,�arehouse or elsewhere at the cost. and t'()j-the account ref Lessee, all without service of notice or resort to legal process (all of, hick I..,essee expressly waives and without being deemed guilty of trespass)or becoming liable for any loss or damage which triav be occasioned thereby. Lessor shall have a lien for the payment of all suras a0 reed to be paid by Lessee herein upon all of Lessee's C11 property.which is to be in addition to Lessor's lien now or that my hereafter by provided by IaNN. (c) Should Lessor elect to re-enter or should it take possession pursuant to legal proceedings or pursuant to any notice provided for or any part thereof for such term or terms (which may be for a term extending beyond the term of this Lease) and at such rentals and upon such other terms or conditions as Lessor in its sole discretion may deem advisable: upon each such reletting all rentals received by Lessor from such reletting shall be applied. first. to the payinent of any indebtedness other than rent due hereunder from f,essee to Lessor, second. to the payment of any costs and expenses of such reletting, including brokerage fees and attorney's fees and to costs of such alterations and repairs-, third. to the payment of'rent due and unpaid hereunder, and the residue. if' any,shall be held by I...essor arid applied in payment of future rent as the carne may become due and payable hereunder. If such rentals received for such reletting,during any month.be less than that to be paid during I ,that monthly Lessee hereunder,Lessee shall pay any such deficiency to Lessor. Such deficiency shall be calculated and paid monthly. Lessor may recover from Lessee all damages it may incur by reason of Lessee's default. including the cost of recovering the Premises, reasonable 11 t lie excess. if arav, of the attorney's f'ecs. and including' the worth at the time of'such terminatio o 't I amount of rent arid charges equivalent to rent reserved in this Lease for the remainder of the stated I term over the then reasonable rental value of the Denused Premises f or the remainder of the stated term. all of which amounts shall be immediately due and payable from Lessee to Lessor. (d) The parties hereby waive trial by jury in any action.proceeding or counterclaim brought by either ofthe parties hereto against the other on any matters whatsoever arising out of or in any way connected with this Lease, the relationship of lessor and Lessee, lessee's use or occupancy of the Premises, and/or any claim of injury or damage. In the event Lessor commences any proceedings for non- payment of rent,or additional rent,Lessee will not interpose any counterclaim of whatever nature or description in any, such proceedings. This shall not,however,be construed as a waiver of Lessee. (e) Lessee hereby expressly waives any and all rights of'redemption granted by or under any present or future laws in the event of Lessor obtaining , possession of the Premises.by reason of the violation by Lessee of any of the provisions of this Lease. or otherwise. (f) In the event of a breach or threatened breach by 1.,essee ot'any provision of this Lease. lessor shall have the right of ir�junction "AY as if other remedies were not provided for hordn. Q')Ile rights and remedies gi\en 10 LCSs01`in this Lcase are distinct, separate and CUITMlativt, remedies, and. the exercise ofany ofthern shall not be decilied to eXCILICIC Lessor's right to exercle any or all of the others, 0) Neiawr the cot-rimencemel-it cif ani action or procceding nor the settlement there oPw entwing of any judgurent therein AMi bar lesso; Am bringing subsequent actions or loweed0gs thun time to time. (i) Notwillisiandin'.-21 an.ylhjng in this Lyase to the contrary. Insaw reserves all rights Mich the Law of the State of Flotida conthr upon a I ossor agairst a wnHni 111 d Ial.ilt. 0) Ihis paragraph slid! appil to any roncival of extension of this QVIS", 23, NO W-UNTEIT (IF' COVLN,,`kNYS OR CUNDITHAS The fiailwe of chkr party to it%t on a swWt payrnance ol-ail}r covenant or condition hereof or to exercise ani` option herein contained. shall not be construed as a waiver of succi wwenant. condhion. or oWhm in any other instwwe. This Lcase,, cannot be chan,,,cd or terminated 2T COLUKurflos, M' REW FROM ANY CSC CUPYkN41' If the Premises we sublet or occupied by ani nils outer than Quee and Le see is in dukult hene.under, or if' this Lease is assigned by, Lessee. Lesser may collect rent from the assignee, S SUbtenant, or occupant. and apply the net amount collected to the rent herein reserved. No such collection sha-11 be deenwd it"Wer of cownwu herein aQwl assignmcni and subletting of,the acceptance ofsuch assignev s071enllit, ol, occ'up""ni, as 1 C,SSec. or release of I ence ffoni Wwr perArmance of the covenauts herein cora lined. 2S. SUBORDINATION OF' WASE TV Leme Wall be suNect and sulbordinaLe to all t7rwagen that may iio\ o.,-hereafter ofu! 'Mch Leases or the real properi\ oF ,Nhich ihc 11rcTijise,� jorru ._i part, and ilso to all renc\\ad-.,i. No illations, comondatAns- and wplacemejus of sLwh ja,gjpa,Cs. Alithou1i)h no i, 3Strurncnt or act )n The part Cil'Lcsscc sliall be nucessar; to eflicause such suborInVon, Lessee wilL nevenheless, xecule and delh\er such th-dwr wSWUMMUS"MA-11ira sucfi ,�Llbordination of'Ohis Lease as nja\ lie desircd b� the holders of such mortgages. Lessee hereby appoints Lessor a[torl-ley in fact. it-]Cv ocabj . to execute and deliver any such illStrUll-IC'M for Lessee. 26. RIGHTTO CJ_RE LESSEPS BREACH If Lessee brttachew ani' COVCnant or condi6on of Wis Que. Lessor may on Ave (3) days' no bee to Lessee(except that no rimice need be ghvn in case of ernergency), cure such breach at the c'Kpeuse off,essec. The reasonable amount of all expenses. including worney's ties. incurred W Lessor in so doing (whether paid b� Lessor nor not) shall be deemed additional rent payable oil demand. 27, NOTICES Any notice by cither party to the other shall be in Nvritino and shall be deemed to have been duly given only if delivered personally or sent by registered or certified mail in(a postpaid envelope addressed, ifter l,,,essee,attlieaboN,c�tscribed t)tliid'inL) ifto Lessor, at Lessor's ac asset forth g above:or.to either,at such other address as Lessee or Lessor,respectively,may designate in writing. Notice shall be deerned to have been duly given,if delivered personally,on delivery thereof,and if mailed, on the first (Ist) day after receipt thereof. 28. RIGH T" TO INSPECT AND REPAIR Lessor may. but shall not, be obligated to, enter the Premises at any reasonable times. oil c reasonable notice to Lessee (except that no notice need be given in case of emergency) for the Purpose of inspection or the makingL,of such repairs,replacements. or additions in,to,on and about the Premises or the building,as Lessor deems necessary or desirable. Lessee shall.have no cause of' action or claire against Lessor by reason thereof, 29. IN`FERRU;PTION OF SERVICES OR USE Interruption or curtailment of any service maintained in the Building, if caused by strikes. mechanical difficulties,or any causes beyond Lessor's control.whether similar or dissimilar to those enumerated. shall not entitle Lessee to any claim against Lessor or to any abatement in rent. and shall not constitute constructive or partial eviction. 30. CONDITIONS OF LESSOR'S LIABILITY Lessee shall not be entitled to claim a constructive eviction front the Premises unless Lessee shall have first notified Lessor in writing of the condition or conditions giving,rise thereto and,ifthe complaints be justified,unless Lessor shall have failed within a reasonable time after receipt of such notice to remedy such conditions. 31. RIGMT TO SHOW PIZEMISES Lessor may show the premises to prospective purchasers and niortgagees and, during the three(3)')months prior to termination ofthis Lease.to prospective tenants,during business hours on reasonable notice to Lessee. 32. NO OTHER REPRESENTATIONS No representations or promises shall be binding on the parties hereto except those representations and prornises contained herein or in some I'Lliture writing signed by the party making such representations or promises. 9 Z 33, QUIET E%X)V)4VVF Lessor coveriants that If aral :.tl long, as lxssee pays the rem. and atq' addhAlit rent as herein providect, suld palm-ris to covenarns hereoll I once skaH penceably und quietl,.k havy. nol, ail� -1 crjoy the Prernises Rn Ole ten"! ficreill 'lle'llti(med. Moo R) We proYsions of this Lease. 34. ESTOPPE1, CERTIFICATES Lessee agrees from time to Amu, within [on ( l f.)) days ahcr a request h� to c,ticctlle and dehN er to Lessor zu, estoppel cLAYHcate. in Kni satRA'c-tory t() 1-essor. which cc'rtN'jc.,s (a) tha Wis Lease constin-ries the oniv aurcurnent between Lessoralid Le-sscc with respect jk) die ptml-i S-�S, n, � (h) that this Lease is unnindified and in 11-ull efLcct (or if there ha\,e heennTOd,;rjcati()ns,that the smile is K Full, forceel-ind effect Lis ir-rodified.aid stating the rrrodij-leiitions): (c)the expiratiOn date of Me Lome teen and&at Mexv am no agmemems widi f'-essor to extend or rent\Nthe Lome Tenn Or pernnil, aiiy holding o,C er (()r ii ThIC"re 'i"CCAM suet" a,Lrecroients. dee-,,cribcs arx , pc if' - then I s c ics the PaSA of emenion or renewal Y A Me dates %mgh "tQ) rents have beeit paid,, jjjcjTjd i riz(� Lill-, rMs paid in a0unco: (a) vkhelher or not any securiq deposiws� heen. j-,)ai 1� tf') �\hctjj To, . c- c � 1 "lot iv il tenant iomproNvinents luno been complNed (g) "fedler or not there Or int, 1"4 sl to ell r transfer the sarne; (h) whether or noL to the k11o"ded2e and bedefoftossee, I essor is in detauh, it? PmAwmame ofan� of its obligalions undor ti lis Lease. and sPecAks eml chchuh of which Lence has kimn0edge; (i) \NKhm, or not TO the knowledge and belief of Lessec, any nwrit has (ocul-red QWK with die Ving Of this rinke or passage of time, or bwh. woWd constitute a dehuh b% 1 xvsoL and UK an evem has Occurred, jecifies cacil stwh event: and(J)v,-Ilmthen or not Lessee A" entiNd to any Credits. off',cts. del crls,t:,s or deductions agamst payrnerlt ofrems, and Nsw desci-ibes them. An estoppel certificate i%UeCiI)l Lesste pursuant to Us Section shall be representation and \;arr,,,.omy by Lessee which may be relied upwri by Ussor and bj oxthas with whom Lessor In be doding.regardless of independent: investigation, Lesseeshall also include in the certnicate s mher ird"ormation conceming this Lease as Lessxm"nay reasnalbl-v request. 1fT-,C'S'SCC falls to execute and deller the: eswppel cenificate wilin ten (10) days after a request by Lessor. (a) Lessur's representations concerning the Scitual imatters covered bthe estoppel cer-Ahleuie. as, (ics,c;ihed alm c. shaH be c0richisiv,-'lly incynnud a) he corna (b) Lessee "ttall be do,"enled [o .11-nive jamocAh axis(ituwd and appAnted Ussur as towNs jocial al-torile�--in-tuc, jO execule arldl deliver the eSIOPPel ccrtificmv to any third pow,enol (c) such tAlum shall be a material default cmidinlu in-Orto cKercisc its remedies linden On: IMTIS' lh:rt of. 35. 'VVAIVER, ()f' jj,;RN,' 'j'Rj,Aj, To Me tuern snch 1kaiver is jxrndU,d b, , Ole y '),,jrtics \\:11`i e i,-i a1 1.71 )13x'1 in an>l acn(?n or ,)I-o""cedi n COT!11CCA011 1A il IT Mj`c, l Case or the I I ron-I is;es. X SLC-110N HEADINGS The sc0ion headings in dis I use awe inwrided Q convent inc only and saH not he takmi into considleration anY construction Or in"crPri2tatiOn' of this Or a.lry o' 'ion. fits pt is V 37. APPUCABILITY TO HEIRS AND ASSIGNS J'his provisions of this Lease ,hall applv, to. bind- and inure to the bel-refit of Lessor and Lessee.and their respective heirs,successors,legal representatives,and assigns. It is understood that the term "Lessor" as used in this Lease means only the owner, a mortgagee in possession,ora term Lessee of the Building,so that in the event of any sale of the Building or of any Lease thereof,or if a inortgaoce shall takepossessionof the Premises, the Lessor named herein shall be and hereby is entirely freed and relieved of all covenants and obligations of Lessor hereunder accruing thereafter, and it shall be deemed without further aoreernent that the purchaser.,the term Lessee of the Building. or the mortoagee in possession has assumed and agreed to carry out any and all covenants and obligations of the Lessor hLreunder. 38. INDEMNITY AND ATTORNEY FEES I-essee shall indemnify 1,-,essor and save Lessor harmless frorn suits. actions. damages. liability and causes of action oilevery nature whatsoever arising or growing Out of or in any manner connected with the occupation or use ofthe Premises arid Building and every part thereof by Lessee or the employees. agents, servants. guests and invitees of Lessee, including, without limiting the generality I atsoever generality of the foregoing ofany claims, demand and causes of action of evei nature wh which may be made upon, Sustained or incurred by Lessor by reason of any breach. violation or omission or non-performance of any term,covenant or condition hereof on the part of Lessee or by reason ofanN, act or ornission on the part oft-essee or the employees. agents, se rvants. guests or invitee of Lessee.except acts or omissions arising from.the gross negligence or willful misfeasance of Lessor. fit case Lessor shall w Itnout fault On its part be made a party to any litigation commenced by or against Lessee, then Lessee shall protect and hold harmless Lessor and shall pay all costs., expenses and reasonable attorney fees. The foregoing indemnification shall survive the termination of this Lease, Lessee shall also pay all costs. expenses and reasonable attorney fees that may be incurred or paid by.Lessor in enforcing;,the terms of this Lease.to include any attorney fees incurred or paid by Lessor in appellate proceedings. 39. COMMON AREAS All common areas and other facilities in or around the BUJ.ldinot-1 provided by Lessor shall be subject t zr j o the exclusive control and management of Lessor. Lessor shall have the right to construct, maintain and operate lighting and other facilities on all said areas and improvements'to police the same. to chanoe the area. level, location and arrangement of parking areas and other facilities-. to z�' ir t restrict parking by Lessee. or to designate pat-king, areas for Lessee, their officers, agneas and employees.to close all or ally portion of said areas or facilities to such extent as may be sufficient to prevent a dedication thereof or the accrual of any right of any person to the public therein;to close temporarily all or any portion of the;parking areas or facilities to discourage non-customer parking, Lessor shall operate and maintain the common facilities in such manner as Lessor in its discretion shall determine,artd,Lessor shall havefull right and authority to ernploy,and discharge all,personnel with respect thereto. 40. INSIAWKIII: 11,e.ssec- shal"L at. its expenst. provide and maimain it force during the entire term ofthi,-,, Lease,and"any extension orrenewal heruni', public liabilil,� insuranceuith lin its cKoverage Mot On than SUWON Or any joupeny damage loss Chuli ani one accident. and. riot less than S500,000 for 3FF11-Ily to anone person from anjone accident. Each policy Much insurance shall name as We iinumd thereunder Lessor and Lesse, Each such WHO insurance poicy shall be of the type cwnmon-ly known as Owner's.Landlord's and Thiuint)s insurance, The origitial of each such Inhey of insurance or cenMed duphcaws thmeoF issued by the insurance of insuring organization shall be delivered by LessetAo Lessor on or beftne ten ( i 0}dqA prior to oampalwy of he Prendscs I onto Ant other jorin ofiwsurauec "M We, 1 essor or 'actill", rcason,,dl)13 shaH nNude flit rn One to thme, in folnu, in anunults and Or risks against vhic-I-1 a priideni I essec Would insure. All pKicies Whrred to above shah be taken out NOW Wivers licensed U)do hubirws,-, in Florida and reasonabdi acceptable to LLssor. If Lessee fails to obtain or maintain the insurance a,,; he rcin provided,it shall be considered a,default and -1 enan! ,,,hall have twerity-GH(24)hotas ro cw-c said default. 1 YSOOnyay MCI Such insurance Wthout assuming any obligaton in connesimi WMA, at to ode cwt 4f ,cc and A mah,s b; 1 xsyn% A&I ininWimcly he due tnuf o"Ing by lxssc,.,. 41. RENT LOSS INSLIZANCE, Le,,sc.e shall, during he Orm and an) extensW t0his I ease.carr� a! I essees sole expunw, u pnjicv t}1. rent insurance insuring I-e,,sor againm loss of the base rutial hercundei% Lessce shall Wish 1 enor with a cut Ocate o C Nsurance evidencing, such co%vragc, 42. JANITORIM., SERVICES Lessee shall provide and pay forJAtorial services Or the Promises. Should Lessee clect'ito uhc an outside-janitorial seri is e. said ser�ice slial"I he performed by,a licensed and bonded janitorial cmamcm apps ed by Ussor in "TIng. Such jashwial convacwr shall be reclAred to carp f7 .l and -vo3-k-ncQ Compells",inorl insurtar"ce narnin,p, Lessor as ,,ln additional insured. 43. CULARGES All instAlments of rein,addhional rent or any other charges or Pay McIns due fton-1 I-essee to Lc,,sor, not received by Lessor vnilh-i 10 days '-'FOM tire CILIC Clate aS specified in IN Leasm. AaH be considered late and I-essor rnay charge it pctnijltb of-i-en 17CrUflt ( 10,'()) OfthC U11COI)CCIOd arTIOU111, Should said late pay Mems be ddinqueru Rg nHue thwi d6q,, (30) da�s. Lessor in,,,.,1 charge 1. Ussetu, t,c til on, the unqvaid ananwa at dhc of undc"r "'he ofthe State of 44. RADON GAS Florida Statutes Section 404.056 (8) requires that Lessor give the l'ollowIng, notification: Radon is a iiatLlj-alllv occurring radioactive gas that, when it has accumulated in a building in Sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon gas that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health unit. 45. RENEWAL OPTION Provided that Lessee is riot then in default under the terms of this Lease. than Lessee shall have one(I )option to renew this Lease for an additional terns offorty'-eight(48)months, Lipon terms and conditions to be negotiated by the parties, except that. the annual Base Rent during. the option period shall be adjusted irtaccordance with Section 47 thereof. In order to exercise the option to extend. Lessee shall notify Lessor in writing not less than four (4) nionths prior to the expiration of the current terin of its intention to exercise its option to extend. 46. OPTION lessor and Lessee agree to negotiate the Base Rent at the time Lessee is interested in renewing this lease. If Lessor and Lessee cannot agree to the annual Base Rent,then the Lease will not be renewed and this Lease will terminate in accordance with the terms of this lease. Option term will be t vears and rental will be based on fair market rates of comparable space with a floor of 2% and ceiling of 5% increase for the first year kind 21),o annual increase. 47. HOLDING OVER In.the event I-essee remains in possession of theellremises after the expiration of the tenancy created hereunder other than in connection with good faith negotiatiori.s' for rene�N at of this I-ease. then. without the execution of a new lease, Lessee, at the option of Lessor, shall be deemed to by occupying the Premises as a tenant.frorn month-to-month. at a monthly rent equal to two (2) times the Base Rent payable during the last irionth,of the Lease"ferns, Such tenancy shall be subject to all the other conditions,provisions and obligations of this [.,ease insofar as the same are applicable to a month-to-month teriancv. 48. MISCELLANEOUS PROVISIONS I IAZARDOUS WAS'fE: I-essee shall obtain Biohazard Waste generator permit(waiver)per Florida Law, I-essee agrees that it will comply with all environmental law, whether local, state or f�:aCral,including.vithont limitation,(a)Federal('lean Air Act,42 U.S.0 1857 e"se .;(b)Federal Water Pol tution Act,33 L'.S,C. 115 L�;t se -;(c)Resource Conservation and Recovery Act of 1976. 42 1.1,S.C. 9601 .ct (d)Comprehensive Environmental Response,Compensation and I.JabilitN 13 Control Nct 15 1. Sx. 2301. et scy: and (g) Florida Aitirid Watei- Pollution Act, Chapter 403', Adda Stawtes.as each shMI be wnnK&d Rom We to time. Whhow lirnitin,,,!Me letregoin!,,.,I-essce aqirees that it ,vill (i) Live v\rittcn Mice to Unor at least se\-en (7) days iri advartce Of cjrj'� prodwA)i . guncration- handlin,-, stomgn deatment.tmnspurtatJon,jisposal. release oi,removall of "I lazardons Waste" (as denned below hum or on illi'Premisev (5) nq use or emphy Me Prendws to in pwtmi of Ric tond to hmidic. iranspot, ti-cai, or dipo ,c ofarr, Hazardous 'l\'Listc% r,.-. t ' wU = h"iroma , ainaand :. 11hwher or iv%,as Icrlem "d o! odw�ed ll Smcs tm i Anims. (1arnage, lilbilit� expenti;C or Cost of all; kind vw1WocvLr, including., but not linuted to. attoi-nc)'s fees and costs at all tril)Ulllal le\CIS. which 'Lessor rule suffer' inctir or pav resuhinu front Or 'ffisirit-T out of, an-" act or omi,ssion of lowsce or Leyeds Agem or any other person on the PreinjseS LUIder color of awhorhy of Ussw the handling. storage, treatmCnt. t ransportation. disposal. release or threat of re lease, or rernov al ofl-lazat-do L.,s Waste front or on the Prc' iscs or any portion o! the Land, fl-1i^ 1cri n "I \V<Iste" Shall inchaiea \\i 111 out I irnit"I I,ion toxicc -'\astc. is h C I I!ic a I rxTulant. solid"swo cwKinmion of Aid Nunto orshwilarenvironmental hazard.which,because ,)I Its ClUantity, concentrAort, or physicaL chet-nical or infectious chara.cteristic, rna� cause or sWWhcwHV contributeto Q an increase in rnxwkiq, (Q an irreversible or iricapacitating illness,or NO a wthsfamial,present,or potential ha7,ard to hurnart health or three environment, when improperly t.,reaied. siored, transported or dKposed.or othcrvvise rnana,,,ccl,whether at st.ich tirne Of OCCLUFencc. it ShLi,! he deenned a y iolalior) ofarty Me obhgwkms of 1, ns as "of as dw foregoing i-ndernnii\,- in connection \\ith Swion shall survive die expiration or earlier Li nnination of this I.easc. anythin, herei'n to the conurar\ not"ithstanding. IN MNESS VA JEJAWK Me putios have cKomaed AN insuument the day and year first MM U "Awn. (LESS01Z) ENGLEWOOD NIEDICAL ASSOCIATES OF THE PALN1 Signed. Scaled and Dcliv'ered in the Prewnce of: EPH M. PROVENZANO, NI.D. -,A, "4' IN WITNESS WHEREOF,the parties have executed this instrument the day and year first above written, (LESSEE) OAK NIT, LLC an Illinois Limited Liability Company Signed, Sealed and Delivel°ed in the Presence of., RAVI PATEL, Man- g2eir Witness: STATE 0 F 11-1,1 N 0 1 S COU.NTY OF The foregoing instrurnentxkas acknowledoed before me this,2�11_day ol"Decernber,2019. RAVI PATEL,as authorized agent for OAK MT,I. who is personally known to me or have produced - ------ .,as identification and did take an oath, NOTARY 11UBt,lC JUBAY A!NED OF:icll'-'ISea, Nry B.202 i State of Illinois at 1,,arc,c My Commission Expires: 15 EMBIT "A" A-'�-D—HEIGUI-VI LOIN—S M fbHo"ing rLd-'-, and are comidavi to be a nww6d ponku of the Lew& to Wch, am attaojed� Q Agn- dixtures, adkensnneras or nwice sludi be chsplat ecl. iiI,,.,cr:flhCd. p%Iinuzd of afthed by any 1 xace on any part o r do ouside oi Wide ed the BlAng or on or about the Istel-nisQs od'any, tome, "ithow Knen emNern of the Usson and Awn ow, of such color. qizc. style mid rnmerial as shall he Anq sWcAkd by Usson No 'ho"Upsc shall bc Maced in KY, or in to %hies or corridors (A said Buiking. YK Lonwr remr;as A: I,,�t',d�i o c 311 nhok%c.uScs SO '11-)I-a�:-Li' a,,ld tel, siai 1� other-"1 lan thoC' above pro\icledl 16V, \AiLhu"U'l 1 06Cc,, and at the expe-,-,e of the responsil-)IC for tire San to. Vie 0devvalks.entrance. 1xissages.ein awn andst(iirca-,cs shall 1701 7c'obsnucted or used Or any other purpose than hr,,rcss and identiflication on cnvarwc dooHs "ill he l-,y- a stir"'Id'ardsi"n-nag'c spcci!"Ied b" Ussor and paid for it Ussee. No Ussw shall install or came to he imudId, withmn Quor's umvem any Woos or bilds or (Irapes and their cojor, niaterials- shape. 031c and swe shall he dw4pated by Omen No awnhg or sumn shall be installed by Lessee. All draperic.,,hunL) or inst.alled b\ Lessee 4iall iri installed (`,;1%l?u, 'crick SQ. be "Indo\\ side tace of Mnich shall be a color yVrmwd by I essor in oro-ter to pnn ide a urdharn Qnd(m exposl.lvc front the sm':ti -'ilc k"I the Buildintl. 4) No adWor).,, to nor cdieratjof-j`; ,d' ,tny of the Budliq Audi he inade it an, Lessee, Wiliout the arawn approNAI of the Lessm and any Ywh addSms or lltei,l[ions,shall he paRwived byte I?norm to con ofle I essen PI'so apllrovc'u [,cSsCC -,h,:AJI 1-101 pCrn)h, I'Mr CdLISC to he pn-1-nitted air) �%alls or other surfaces by KK sc-rews. hangu,-'+. dT -.1s hole's ofother\%ise. I usscshadl, kcep aill 'Ld"s�"- lock .. trim and ofircr ",properly ol Ore I-essor k o order and �n good rq)&T and if an, of same at-,, brolkenbtho 1 essee, sucj' bi-eaks s"hall be rcpairc'd al the lxssec's 'Apense, 6) No adclitional locks shall he plaved upon any Axy of the Owed pren-dws. Lussor shall provide Lessee Wili four(4) keys for We lewecl prcvnisos xid four(4) keys IS' 111C U(Toral access. I-essor "M not 1)c1`111it cAny (ILI.Dlicate lkcys to b0 FHAL' It)? To general BWWn,,,,, acco.ss. Ani� addhionY key rayfred Orthe lawd pvuvhv,,', shal I he inade by 1-cyne at Unce's emwirso. Lpon do lummlon of the lerrancy RULES AND REGULATIONS (Continued) herein provided,Lessee shall surrender all keys received by the Lessee to the Lessor. No electric lamps of a higher wattage than 200 shall be placed in any electric fixtures. 7) If a I essee desires telegraphic or telephonic connections. the Lessor will direct tile electricians as to where the wires are to be introduced,and without such direction,no wiring, or cutting, for wires shall be permitted. 8) The Lessor retains the power to prescribe the weight and proper position of sates: and each Lessee shall be responsible For all damage to the walls. floors or other parts of the Building caused by or ec)n.nected with any moving or caused by any safe. furniture„boxes or bulky articles while in the building at Lessee's instance. Premises shall not be over-loaded. No engine or other machinery shall be put upon the Premises of any Lessee without the written consent ofthe Lessor. 10) The doors,windows and transoms that reflect or admit light into passageways or into any place in said Building shall not be covered or obstructed by Lessee. The water closets and other apparatus shall not be used f'(-)r any purpose other than for which they are constructed. and no sweepings, rubbish., rags or other substances shall be thrown therein. Any damage resulting to thein frorn such use shall be borne by the Lessee who shall cause it. 11) Nothing shall be thrown by the Lessee.its employees or guests out of the windows or doors or down passages of the Building. 12') Lessee and its ernploy ces and guests are not to inJ ure or deface the Building nor the ,�voodwork,nor the walls of the Prernises. nor to carry upon the Premises obnoxious. noisy or offensive business or a nuisance, nor conduct any auction therein. I No room or rooms shall be Occupies or used as sleeping or lodging ,apartments upon the Dernised Premises. 14) Water shall not be wasted by tying or vcdgging back faucets or otherwise. 15) Lessees must not leave their witiolows and doors open when leaving premises at close of business or unoccupied at any time, and shall close windows and lock doors and for any default or carelessness in these respects,or any of them. shall make.good all injui), sustained by, other Lessees and by the Lessor, or by either of' them. for damages resulting LLfiom such default or carelessness. 16) No bicycle or other vehicle and no animal shall be allowed in any part of the Building without the consent of the Lessor. 17) Lessor shall have the right,upon reasonable notice to Lessee,except in an emergency, which precludes such notice, with pass key or otherwise to enter any leased Premises at any time or times to examine the same or to make such repairs or alterations as it 17 RI LESAM) IRLGt LATIONS (Confinue(j) shall dmi-, necessm; of be se0q, pi,eservaWn or improvenicrit of the Building, or icased. Pren-iises O�- I'Or ttic puirpose of cleaning. watAng or inopecting samo, ,Md C!Ull-iMl,: (3) MOIA"s Pre'v As to to exMmlion of ait tenatial may exhibit f iln-nrtises �,o 1he lct. 18) No Once shad accun-ndate or sune in the Prcrnises co\ercd by thi .e I a anN wa-, C s - se -, , ,t ",Iperdiscarded raxw& books, paper t,ss. smephigs. rags rubbkh or mher corribustible maierilunless saaw AN! he sumd W sted Mums and he W1 prolec-i,ed iron-i an,, ext0 rrnacon'ribusliont. We KgW io evoudc. the Ruildinq-, "ILl riersons the deerns io ">Gihu tihai, Cis: I essor `arid al; 'EcsSvgs and Ac-ir gLWMS and hush-rens Kiwen my he protmed Qmn such persons. 10) Lemaw menTs We H& To change thesc rules wid W) make such other suid funhor ruies and re,WIMAms Wwr d- YQOW"� one ol �i!l 1,cssccs, a�, i!� juagunieril ln,l� irol"'I 6in"ie to hnic he modA for aw sulty, cue and clemnli-rien 1 j I I-C I-,1 4 ,j -I c pre',-'r\ut io I I S of ord er t I,cl,ci n, or J'or s I n it 11 er c(an I se, ai id 1t alt. so tangeM such moddled or ne" ruk, iIndl be Cleemed a Part hereof"ith I'llic. sartic etlect as It \tritten 1,orein NNh11 is copy AN! have been delivand to the L eswe OF bit vNhh sonle 'Person in chaq�,e of the !eased premises. r Lessor's lnitial.s Lusse S Initials NEW- Scope of Work Estimate Contractor Renovation Quote: 1. New Flooring in Entire Space 2. New Lighting Fixtures with LED Upgrade 3. New Countertops at front desk 4. Painting 5. New Cabinets/Sink in Staff Kitchen 6. Removal of existing interior wall $46,746.14 New Signage- Exterior and Interior $2,579.03 Total $49,325.17 Estimate Amount $49,325.17 20%Contingency $9,865.03 Total $59,190.20 50% Reimbursement Max $25,000.00 Forte Construction roma co STRUCTION - 5s, 1-26 577 25th Ave Boynton Beach,F1.33435 Client: Forgione,Mark Home: (561) 846-2748 Property: 906B Federal Hwy Boynton Beach,FL 33435 Operator: ESTIMATE Estimator: Peter Forte Business: (561) 601-6426 Business: 577 SW 25th Ave E-mail: pforte04gyahoo.com Boynton Beach,FL 33435 Type of Estimate: <NONE> Date Entered: 3/25/2020 Date Assigned: Price List: FLDBBX SEP19 Labor Efficiency: Restoration/Service/Remodel Estimate: FORGIONE CON Forte Construction roma co STRUCTION - 5s, 1-26 577 25th Ave Boynton Beach,F1.33435 FORGIONE_CON Main Level Main Level DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL 87. Dumpster load-Approx.40 yards, 1.00 EA 850.00 0.00 0.00 1,020.00 7-8 tons of debris 88. Post construction clean 12.00 HR 0.00 34.17 0.00 492.04 Total: Main Level 0.00 1,512.04 Kitchen Height: 10' � 4 471.67 SF Walls 145.83 SF Ceiling x;r6- - 617.50 SF Walls&Ceiling 145.83 SF Floor 16.20 SY Flooring 46.33 LF Floor Perimeter 6"i "-0', TI", 48.83 LF Ceil.Perimeter T",' Door 2' 6"X 6' 8" Opens into OPEN-ROOM DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL 90. Remove Tile floor covering 145.83 SF 2.58 0.00 0.00 451.48 91. Vinyl plank flooring 145.83 SF 0.00 5.81 28.79 1,051.28 92. R&R Baseboard-5 1/4" 46.33 LF 0.52 4.58 6.52 291.36 93. Paint baseboard-two coats 46.33 LF 0.00 1.24 0.36 69.39 95. Toilet-Detach&reset 1.00 EA 0.00 219.72 0.39 264.13 97. R&R Cabinetry-lower(base) 11.00 LF 8.51 204.90 120.83 2,962.00 units 98. R&R Countertop-solid surface 27.50 SF 4.46 64.97 81.04 2,388.45 99. R&R Cabinetry-upper(wall) 11.00 LF 7.76 150.18 78.69 2,179.25 units 100. Sink-single-Detach&reset 1.00 EA 0.00 134.65 0.00 161.59 101. R&R P-trap assembly-ABS 1.00 EA 7.74 54.96 0.42 75.74 (plastic) 102. R&R Angle stop valve 2.00 EA 5.17 31.64 1.01 89.55 103. Sink faucet-Detach&reset 1.00 EA 0.00 108.38 0.00 130.06 Totals: Kitchen 318.05 10,114.28 FORGIONE CON 5/26/2021 Page: 2 Forte Construction roma co STRUCTION - 5s, 1-26 577 25th Ave Boynton Beach,F1.33435 1--7 Toilet Height: 10' 6 253.33 SF Walls 45.00 SF Ceiling Toilet 298.33 SF Walls&Ceiling 45.00 SF Floor j 5.00 SY Flooring 24.50 LF Floor Perimeter 1 Il 27.00 LF Ceil.Perimeter Door 2' 6"X 6' 8" Opens into OPEN-ROOM DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL 81. Remove Tile floor covering 45.00 SF 2.58 0.00 0.00 139.32 82. Vinyl plank flooring 45.00 SF 0.00 5.81 8.88 324.41 83. R&R Baseboard-5 1/4" 24.50 LF 0.52 4.58 3.45 154.08 84. Paint baseboard-two coats 24.50 LF 0.00 1.24 0.19 36.69 85. Paint the ceiling-two coats 45.00 SF 0.00 0.83 0.63 45.58 86. Toilet-Detach&reset 1.00 EA 0.00 219.72 0.39 264.13 Totals: Toilet 13.54 964.21 1-16'8. ........................ Lobby Height: 10' 16'2" - 490.00 SF Walls 148.19 SF Ceiling Lobby - eau' 638.19 SF Walls&Ceiling 148.19 SF Floor 16.47 SY Flooring 48.17 LF Floor Perimeter 50.67 LF Ceil.Perimeter Door 2' 6"X 6' 8" Opens into OPEN-ROOM DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL 9. Remove Glue down carpet 148.19 SF 0.66 0.00 0.00 117.37 11. Vinyl plank flooring 148.19 SF 0.00 5.81 29.25 1,068.29 13. R&R Baseboard-5 1/4" 48.17 LF 0.52 4.58 6.78 302.95 26. Electrical Allowance 1.00 EA 0.00 900.00 0.00 1,080.00 27. Paint baseboard-two coats 48.17 LF 0.00 1.24 0.37 72.12 29. Patch and repair drywall for 1.00 EA 0.00 422.93 0.00 507.51 electrical relocation 31. Paint the ceiling-two coats 148.19 SF 0.00 0.83 2.07 150.09 Totals: Lobby 38.47 3,298.33 FORGIONE CON 5/26/2021 Page: 3 Forte Construction roma co STRUCTION - 5s, 1-26 577 25th Ave Boynton Beach,F1.33435 1-63" Bathroom Height: 10' ir 6'1"- T 263.33 SF Walls 48.16 SF Ceiling Bar''°° - 311.49 SF Walls&Ceiling 48.16 SF Floor 1 5.35 SY Flooring 25.50 LF Floor Perimeter L28.00 LF Ceil.Perimeter F Door 2' 6"X 6' 8" Opens into OPEN-ROOM DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL 78. Remove Tile floor covering 48.16 SF 2.58 0.00 0.00 149.11 72. Vinyl plank flooring 48.16 SF 0.00 5.81 9.51 347.18 73. R&R Baseboard-5 1/4" 25.50 LF 0.52 4.58 3.59 160.38 75. Paint baseboard-two coats 25.50 LF 0.00 1.24 0.20 38.18 77. Paint the ceiling-two coats 48.16 SF 0.00 0.83 0.67 48.78 80. Toilet-Detach&reset 1.00 EA 0.00 219.72 0.39 264.13 Totals: Bathroom 14.36 1,007.76 n'5"� „F3„ Check In Height: 10' 453.33 SF Walls 142.50 SF Ceiling ch-kIn 595.83 SF Walls&Ceiling 142.50 SF Floor 15.83 SY Flooring 44.08 LF Floor Perimeter 1 47.83 LF Ceil.Perimeter r7�= Missing Wall-Goes to Floor Y 9"X 6' 8" Opens into OPEN ROOM DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL 45. Remove Glue down carpet 142.50 SF 0.66 0.00 0.00 112.87 46. Vinyl plank flooring 142.50 SF 0.00 5.81 28.13 1,027.26 47. R&R Baseboard-5 1/4" 44.08 LF 0.52 4.58 6.20 277.21 49. Paint baseboard-two coats 44.08 LF 0.00 1.24 0.34 66.00 52. R&R Prefab counter top for new 16.00 LF 4.28 50.94 36.56 1,104.10 desk area 54. R&R Cabinets for desk area 6.00 LF 8.51 204.90 65.91 1,615.65 55. R&R Floating shelf 10.00 LF 4.28 50.94 22.85 690.07 56. R&R Countertop-solid surface for 10.00 SF 4.46 64.97 29.47 868.53 check in area Totals: Check In 189.46 5,761.69 FORGIONE CON 5/26/2021 Page: 4 Forte Construction roma co STRUCTION - 5s, 1-26 577 25th Ave Boynton Beach,F1.33435 Lobby hr �6chcn 2 N �Q Open Room Height: 10' 'heck I Lilit [ n's" 4'1" 1,845.00 SF Walls 1,173.20 SF Ceiling F 7"1 3,018.20 SF Walls&Ceiling 1,173.20 SF Floor on�r,Boo r "�9�6' 130.36 SY Flooring 178.25 LF Floor Perimeter orfi�t 197.00 LF Ceil.Perimeter 23'8" X24'2" 1 Door 2' 6"X 6' 8" Opens into OFFICE Door 2' 6"X 6' 8" Opens into TOILET Door 2' 6"X 6' 8" Opens into KITCHEN Door 2' 6"X 6' 8" Opens into BATHROOM Door 2' 6"X 6' 8" Opens into LOBBY Missing Wall-Goes to Floor Y 9"X 6' 8" Opens into CHECK-IN 1--4'8"--42'4"' Subroom: Utility Closet(1) Height: 10' T4'6............1-2'6" T 180.00 SF Walls 19.83 SF Ceiling Utility Closet(u 199.83 SF Walls&Ceiling 19.83 SF Floor 4'4"- � 1 1 2.20 SY Flooring 17.17 LF Floor Perimeter 6" 1-4'8 1 19.67 LF Ceil.Perimeter Door 2' 6"X 6' 8" Opens into OPEN-ROOM DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL 32. Remove Glue down carpet 1,193.01 SF 0.66 0.00 0.00 944.87 33. Vinyl plank flooring 1,193.01 SF 0.00 5.81 235.50 8,600.27 34. R&R Baseboard-5 1/4" 195.42 LF 0.52 4.58 27.50 1,228.96 35. Electrical Allowance 1.00 EA 0.00 2,200.00 0.00 2,640.00 36. Paint baseboard-two coats 195.42 LF 0.00 1.24 1.51 292.59 38. Paint the ceiling-two coats 1,193.03 SF 0.00 0.83 16.70 1,208.29 39. Remove partition walls as per plan 16.00 HR 51.65 0.00 0.00 991.68 40. Patch walls and ceilings as needed 1.00 EA 0.00 422.93 0.00 507.51 41. Paint part of the walls-two coats 708.75 SF 0.00 0.83 9.92 717.82 42. Frame new kneewall for hand sink 1.00 EA 0.00 151.10 0.00 181.32 station 44. Supply and install new hand sink 1.00 EA 0.00 750.00 0.00 900.00 *connect to existing plumbing in wall location as per plan 64. R&R Cabinetry-lower(base) 5.50 LF 8.51 204.90 60.41 1,481.01 units 65. R&R Countertop-solid surface 12.00 SF 4.46 64.97 35.36 1,042.22 FORGIONE CON 5/26/2021 Page: 5 Forte Construction roma co STRUCTION - 5s, 1-26 577 25th Ave Boynton Beach,F1.33435 CONTINUED-Open Room DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL 66. R&R Sink-single 1.00 EA 19.37 254.88 10.99 342.30 68. R&R P-trap assembly-ABS 1.00 EA 7.74 54.96 0.42 75.74 (plastic) 69. Sink faucet-Detach&reset 1.00 EA 0.00 108.38 0.00 130.06 70. R&R Angle stop valve 2.00 EA 5.17 31.64 1.01 89.55 96. Relocate laundry room 1.00 EA 0.00 0.00 0.00 0.00 Relocate laundry room to kitchen around$2,500.00 Totals: Open Room 399.32 21,374.19 F 3 -1-9'6" Office Height: 10' 461.67 SF Walls 142.08 SF Ceiling offl- = 603.75 SF Walls&Ceiling 142.08 SF Floor 15.79 SY Flooring 45.33 LF Floor Perimeter 1 47.83 LF Ceil.Perimeter Door 2' 6"X 6' 8" Opens into OPEN-ROOM DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL 57. Remove Glue down carpet 142.08 SF 0.66 0.00 0.00 112.53 58. Vinyl plank flooring 142.08 SF 0.00 5.81 28.05 1,024.25 59. R&R Baseboard-5 1/4" 45.33 LF 0.52 4.58 6.38 285.08 60. Electrical Allowance 1.00 EA 0.00 900.00 0.00 1,080.00 61. Paint baseboard-two coats 45.33 LF 0.00 1.24 0.35 67.88 63. Paint the ceiling-two coats 142.08 SF 0.00 0.83 1.99 143.90 Totals: Office 36.77 2,713.64 Total:Main Level 1,009.97 7,791.14 46,746.14 Line Item Totals:FORGIONE_CON 1,009.97 7,791.14 46,746.14 FORGIONE CON 5/26/2021 Page: 6 Forte Construction roma co STRUCTION - 5s, 1-26 577 25th Ave Boynton Beach,F1.33435 Grand Total Areas: 4,418.33 SF Walls 1,864.81 SF Ceiling 6,283.14 SF Walls and Ceiling 1,864.78 SF Floor 207.20 SY Flooring 429.33 LF Floor Perimeter 0.00 SF Long Wall 0.00 SF Short Wall 466.83 LF Ceil.Perimeter 1,864.78 Floor Area 1,977.00 Total Area 4,510.00 Interior Wall Area 2,209.17 Exterior Wall Area 200.83 Exterior Perimeter of Walls 0.00 Surface Area 0.00 Number of Squares 0.00 Total Perimeter Length 0.00 Total Ridge Length 0.00 Total Hip Length FORGIONE CON 5/26/2021 Page: 7 as �; a cz N 0 c� c� k �fb „9.11 �9 _N - - O U = U = x v v „Z�9------1--.9 b- rl v U 0 f�--------------I = N 71 „H,zt ° „Z,6 HZ 1-„S�6 .f L .,b.6Z z 0 c� w z o U a � '� w arama 1367 N.Military Trail me ,N �9—y n--- West Palm Beach,FL 33409 ESTIMATE (561)687-7993 EST-86089 www.signaramawpb.com Payment Terms: 50% Deposit Required Created Date:11/8/2021 DESCRIPTION:jBoynton Signage Bill To: Apex Network Physical Therapy Installed: Apex Network Physical Therapy 500 Northpoint Parkway 906 S Federal Hwy West Palm Beach, FL 33407 Boynton Beach, FL 33536 us us Requested By: Mark Forgione Salesperson: Mike-Signarama W.P.B. Email: mforgione@apexnetworkpt.com Email: michael@signaramawpb.com Work Phone: (561)846-2748 Work Phone: 5616877993 Entered By: Mike-Signarama W.P.B. NO. Product Summary QTY UNIT PRICE AMOUNTi Aluminum 6mm ACM with digital print for MAIN Hanging 1 $503.33 $503.33 sign 16"x120"aluminum sign with digital print and holes at the top with heavy duty S hooks for hanging. 2 Aluminum Monument Panel 1 $283.55 $283.55 24x60 Aluminum sign with digital print and custom corners 3 Window Graphics 10 $32.083 $320.83 10 sets of window graphic bands(14x33) 4 Interior Sign/logo 1 $602.60 $602.60 24x45" Brushed Aluminum sign with 4 corner standoffs and raised 1/4"Acrylic letters in black applied to the face. 5 Labor 1 $700.00 $700.00 Labor and materials to install the interior sign,hanging sign,window graphics and replace the monument panel. Subtotal: $2,410.31 Orders under$300 require payment in full before art proofs are generated. Taxes: $168.72 Orders$300 &over require 50%deposit and balance upon completion. Grand Total: $2,579.03 Acceptance of this quote authorizes Signarama to charge balance to your credit card upon job completion. (Customers on credit terms can disregard this notice.) This estimate is valid for 30 days: 11/22/21,4:46 PM PAPA Maps EA DOROTHYJACKS . , 2 CFA,AAS �r iit Palm Beach County Property Appraiser Search by tsar✓rle;r,Address or Parcel I , View Property Record Owners ENGLEWOOD HOLDINGS INC t __ Property Detail Locatic'm 906 5 FEDERAL HWY A i iri nicil llt r BOYNTON BEACH F i' -i1 1 s "FB F°•I F FLS t �� - n-1 Hc, 08434527060000460 S.ill BOYNTON ISLES IN z rk 09999 a_"'1942 Sal,,Cat,,SEP-]997 - r 1921 SW 36TH AVE DELRAY BEACH FL 33445 , 6650 Us,,T,r`"- 1900-MEDICAL OFFICE- -F BUILDING UPT04STORIES Tol-1 �1` 5023 n tr Sales Information - Sales Date Price y 1 } .SEP-1997 107500 JAN 1972 305200 I Appraisals ,ir _{�$�tf Tax Year 2021 —i irill llirillm' $698,146 � I Lam_w'-1,tr, $318,343 $k ToilM-ik,iV.,.b., $1,016,489 9} f iii F ��1(iw I All values are as ofJanuary 1st each year y k Assessed/Taxable/ y f values Tax Year 2021tr; JiR 1 A value $1,016,489 r 1 { f Airic'um $0 - T,x,.lrl, Vak $1,016,489 - _- Taxes Tax Year 2021 w'alcm"in $21,568 ('1t7m Val«real $2,336 Total tax $23,904 https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434527060000460 1/1 APEXNETW©RK® PHYSICAL THERAPY Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave Boynton Beach, FL 33435 Re: CRA Re-development Grant Extension Request 906 S Federal Hwy Suite B Boynton Beach, FL 33435 Please allow our current grant a 90 day extension of time to complete the Renovation of our Physical Therapy office at 906 S Federal Hwy, Suite B, Boynton Beach, FL 33435.The contractor we were in process with to submit the permits has not completed the task and withdrawn from the project. Hence, we must find a new contractor to complete the task. Due to current events of Covid-19, Labor shortages, supply chain issues, and cost inflations, it has been challenging to get contractors to provide estimates and complete bids. We are making a request to the CRA for a 90 day extension to allow us time to secure a new contractor to submit a new fair bid and complete the renovation. Thank you for your consideration, ✓%, ........ Mark Forgione, DPT, CSCS, Advantage Physical Therapy LLC d/b/a ApexNetwork Physical Therapy 3639 W Woolbright Rd Boynton Beach, FL 33436 F: 561-404-0203 BOYNTO BEACH o CC d CRA BOARD M EETING OF: April 12, 2022 CRA PROJECTS IN PROGRESS AGENDAITEM: 14.A. SUBJECT: Neighborhood Officer Program 1 st Quarter Report for FY 2021-2022 SUMMARY: The CRA funded Neighborhood Officer Program (NOP), in partnership with the Boynton Beach Police Department, has submitted their Unit Activity Report for the first quarter (October 1 - December 31) Fiscal Year 2021-2022, along with the Heart of Boynton (HOB) District Crime Stats for the same time period (Attachments I - 11). The NOP Quarterly report is required under the the funding terms of the Interlocal Agreement between the CRA and the City of Boynton Beach for FY 2021-2022. The NOP Budget is provided as Attachment 111. FISCAL IMPACT: FY 2021-2022 Budget, Project Fund 02-58500-460: $524,627 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan, Heart of Boynton District (pages 105- 118) CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board. ATTACHMENTS: Description Attachment I - NOP 1st Quarter Report Attachment II - HOB Crime Stats Attachment III - FY21-22 NOP Budget NEIGHBORHOOD OFFICER PROGRAM QUARTERLY REPORT Osft DWNTO N = W BEACH : $ October 1 - December 31, 2021 Sergeant Henry Diehl Boynton Beach Police Department TABLE OF CONTENTS L Table of Contents page 2 II. Table of Appendixes page 3 III. Community Redevelopment Agency • Background page 4 IV. Neighborhood Officer Program • Program Outline; page 6 • Program Goals and Scope; page 7 • Essential Program Criteria; o Neighborhood Officer Program Organizational Chart page 8 o Neighborhood Officer Program Schedules page 9 o Heart of Boynton Criminal Statistics page 15 • Neighborhood Officer Program S.M.A.R.T. Goals page 16 • Neighborhood;Officer Program Expenditures page 17 • Neighborhood Officer Program Activity Log page 18 • SegwayTM Log page 117 • Neighborhood Officer Program Photos page 118 2 TABLE OF APPENDIXIES Appendix A Heart of Boynton Crime Statistics page 136 3 COMMUNITY REDEVELOPMENT AGENCY BACKGROUND The Boynton Beach City Commission established its Community Redevelopment Agency (CRA) in August, 1981, in accordance with guidelines of State Statute Chapter 163 Part III. The Boynton Beach CRA is funded through Tax Increment Financing (TIF). TIF utilizes the increases in tax revenue generated as a result of increases in property values within CRA District boundaries for development efforts without raising taxes. Authorities of the CRA are contained in Section 163.370, Florida Statutes. Redevelopment activities include, but are not limited to: • Adopt a community redevelopment plan or plans that outline projects and programs that will be undertaken by the CRA; • Secure finances to further redevelopment efforts and projects; • Acquire and hold property in the redevelopment district; • Demolish buildings; • Dispose of property; • Installation, construction, improvement and repair of streets, utilities, parks, infrastructure in accordance with the community redevelopment plan(s); • Create and implement development incentive strategies and other unique public-private partnerships to stimulate redevelopment activity within the CRA district facade and residential improvement grants; • Market the CRA; 4 • Implement community policing innovations; • Solicit proposals for redevelopment and enter into contracts; AND • Appropriate funds and make expenditures as necessary to carry out the purpose of the Community Redevelopment Act of 1969. 5 NEIGHBORHOOD OFFICER PROGRAM PROGRAM OUTLINE Community policing definitions typically focus on three components that characterize many programs: some level of community involvement and consultation; decentralization, often increasing discretion to line-level officers; and problem solving. Because community policing is focused on close collaboration with the community and addressing community problems, it has often been seen as an effective way to increase citizen satisfaction and enhance the legitimacy of the police and the evidence is supportive in this regard. A major goal of this proposed neighborhood officer program is to cultivate high levels of mutual trust, understanding and respect between police the residents of the neighborhoods they patrol. In order to achieve this, it is necessary that these stakeholders develop relationships which transformed the confines of ordinary community policing activities and instead focuses upon building sustainable problem solving partnerships. Additionally, the building of problem solving partnerships and substantive relationships with invested members of the community will lead to a greater understanding of some of the challenge members of the public face and help the police department garner unique insights which might aid in addressing these challenges. This program helps effectively integrate police personnel into the fabric of our community. 6 Reducing crime and disorder and improving the quality of life within historically plighted neighborhood requires the development of these types of productive and meaningful relationship between citizens and representatives of their local government. As the most visible and accessible municipal agency, police personnel are uniquely postured to serve as a catalyst to an array of city services, community resources and organizations which can aid those in need as they work to better their circumstances and work in concert with other stakeholders to confront the challenges they identify within the community. PROGRAM GOALS AND SCOPE The scope of this quarterly report is to fulfill the Program requirements set forth in the Inter- Local Agreement (ILA) between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency (CRA); whereas the CRA shall be provided a written report outlining the following: o Hours worked by the Program Officer; o Name, rank and badge number of Program officers who have worked the Program during the reporting period; o Activities undertaken to achieve the goals of the Program; and o Crime statistics for the reporting period. The Boynton Beach Police Department shall make all necessary efforts to achieve the aforementioned Program Goals. 7 ESSENTIAL PROGRAM CRITERIA Neighborhood Officer Program Organizational Chart during Rating Period Officer Terrence Paramore m #922 a� 0 i Officer Jivanet Rivera c #960 C PSA Emily Vasquez a� #086 s Neighborhood Officer Program Hours Worked during Rating Period The following Program Officers' scheduling was gleaned from the Boynton Beach Police Department electronic database that monitors staffing needs; entitled KRONOS® — TeleStaff. Below is the reference guide to decipher the color and numeric codes *per+ Ek"-nton Bea„eleStaff ,rh Pahce ne Svstem Cheat nes +IM ?bi'�. .r'�"4 i'_3�. -Sv9:i.a I�ew R,2 :els...c�9 4%.�;i.<.xc a :- �.va:.�, �'° ¢".•:� a r3 14 m4 Poe as 71'1, 1 -P i e...� *e 8.are<u'k a. -.-.h 1G” 1.. 3?: -- re<u'k a. 'fie :,z&3'@ fs 34,58.are<u'k a. .R_e+re asl. wee .— 42 re<u'k a..'fie dk.Vie.=- ers n' td2 .�ffw 1.ra FNra:as--_.-,mag m�,�re-+��„.-,�x' �a -- ra FNra:as-.•,e +v_�.are.C.�„s:v mal. ,ems�. —•,ax..4s,x¢va:�I§Yv a 04 , -N. reu k. .N�n 14%di die 4Wa. tw8;* MN s,. a cep a W.A.r-%—rkt.,A. ILI ti�51.xb<u=4 a. .„h x;air.anrx5 B'tr.;a�:ar '' 1a'.'na'L u^,':2 x'i111 . , P. pYAy .. :*3<5i.ab<u'k a.g,- - .as. +llsxi.as + ”; .1'I` re,u � a•Id sa'.4 VAI wa .ffwl.ra FNr'I:ax.`._.n�re�ar�:aa. °.xw' .n'k d�'_ .E1-� ra FNrl:ax-.•me vP-A,a:�e. ,S'i�:".�;as” ;-:� 'Yb`N Lk. _xu a - :IM re,e-k� .mealI VU 1 .:va,�. . �. a e JIM .a LL seas J�L� ..sn.. €a—.::o. — :*3258.of<—ka.g.m.W=L.-sate-a x. •G, a,w.�rd .83'b Ile •. �r tet. I. 41& .'L— 43 fi I 42. ed-�.'.-�,nn .�....vsu: .b 4:4 $y i :n N15 .w�a�xa ,,�- anm_ tl�xs.=t kk. ..�.a,.__ u..._. .r- .'. ,en V—,Lk...n ti'IY r� a410 .w xn a3marl tee_ ."ere`. 5 .o zsaaxt9n..o ..€ .d.tt4l: 4-01. I0v 9 Officer Paramore's Schedule during Rating Period— October 2021 .�- 1^rIlONOS' 4 "0 1�F ZOIL491.III.LIGNRY O. --ff bun,i Laicirdnr 74-, Ir,fe 4c F??I,.rI1; + .�, PR60UGTIdN Calendar .. LI&IIy Ur[ok.e12021 APkMOR-,IERNcIYCEA L.LII z,un h.nri 'foe ��etl TFxi iii S,a4 �� 2Cr 27 28 29 ?.0 Ed 1 2 d },,� h 10=0 _�C =G -.s_li3i' 32 12 111 y� 15 I6 i5 .; �1't'bu 1blS MMM 10 ' 1...-,Ca .326 09.01 --326 09 01. ^7709.OP 1 20 3210901 77 09 06 "57C1T -- ��111r,�i1ril,i�ria Ez 326.09.;0, 3260901 .:3260901 Officer Paramore's Schedule during Rating Period—November 2021 IYt4al VVs, 6�+-w �; ('�' a' 00=HL III,HENRY G..._ '*. n hb—d Cai,,i Ear i.r M. I> Repc;-s =`i=i.C,j„ PRODUCTION ?' caalle1ndar wca l._r November oz M Ua,nd",*Pp.RAMORE TERRENCER ...t,'J J t.e�s..,, .,3 7 i "l J Sur= Von TUe Wed TF,, Fri Sas 31 Ncq 7 2 3 4 ., 6 �y M,MCA MM ."750900,1. 318.0901 �32 L3260901 _ ._378 _,3260901 8 0 11 12 IC =I . 7 °.. 1 +t j74 09!00, _3210901 ...�,, 132 ,.._7409130, - 14 15 16 17 jq IS 20 '557c; EM _ "7709:0€ 07 21 22 73 :4 2-9 26 27 C� a_u ':3260901 _32609:01 32609'.0, ,. k , .. 28 29 9v Dec 1 2 3 4. (I3�r HStami e s-ssl. IMM L,^.0 .:3260901 32 V 10 Officer Paramore's Schedule during Rating Period—December 2021 ° KRONOS° 1r DIEHL III,HENRYG rl,cai:; Caler.�'ac S.,.�i L 1=rfe .,I>� Relr�'ts Si,Oni PRODUCTION C?' calendar December 2IS21 1 �aaei Ar qE PAPAMORE.TERRENCEA ......... ......... ......... ......... ......... ......... ........ .,_� ... �.... _____ n,er,��, 5---- -'2 NI T Sur MSon Tue }Y'ed Th, Fri Sas 28 29 30 1 I ,2 J 4 32609.011 —EM 32 f 5 7 ? 9 10 11 ^77'09:0€ _ 32 E+5 12 .v {�p 14 pp 15 16 17 13 d�74J�numu�,11 Ilf ,:, a aW 1M Pd-74 -531 32 _321 74'. 20 22 22 4 25 _ Tr,(',. _.-_+'..rte ��.ru ��e' �_#E 32601 2.628 29 3J 31 JaP..i "57C; _a,y.-4 _.-�'L 1'; I /r.91F 32601 3261 3260901 ' Officer Rivera's Schedule during Rating Period — October 2021 '4r KRONOS *'V)... M 6", ZrD r� � DI EHL III,HENRY G. �I PRODUCTIOH ?? Calendar I4 ', Qccober2021 .....I ai RIVERA.JIVANET ......... ......... ......... ......... ......... ......... ......... ........ t 6J J ,Ne �s,5-5� 7 .: o�.... L.� Sun Mon Tue wed Thu Fri Sae 26 27 28 29 310 Ctel l 32. 5 78 39 s 1" 17 12 13 14 15 16 31 & 18 20 21 22 23, .. Im39 rs=1L-any a� '� E. ' 2- 7411 0 CE, 740900, 1740900, ',.39 j_391 IM V 11 Officer Rivera's Schedule during Rating Period—November 2021 KRONOS J ,3 - a". d DIEHL Iu,HENRVG � nc�ai€; Calerdac M/M. pie nq:crts - 0v. PRODUCTION CaIendar en e 1 r: Novern6x 02 n J„a dsi RIUFRA J VAN ET — — — — — — — _ ,t rJ._1 •_�*�� 3 7 'ml ------------------ Si, NI.n Tue 'dtied Thu Fn Sat I 31 Nc�`,1 0 -, �r G � j 7411,01 IMM. ..,, r� iASA 98=14 s ` f I31 _ IM D : 1 G 1 1 12. 1,: -_�' + 74 09 00, `: i 74 09:00. FROM 14 5 16 17 18 19 20 IIIP�° :v Mfr ;°Po it iim,<. ":. a III )j�+5 : e �39 2.1 22 23 24 25 2.6 27 IM -= tl3 e�a � 39. ,. Ni k" 28 29 ate, Dec 1 2 3 4. 1-39 Officer Rivera's Schedule during Rating Period —December 2021 KRVI OS ��++ww 'q DIENL III"HENRY G. �. 7a.h ai Cal dai :Y s i Y;pto p a Reps. ........ Sig PRODUCTION -,1 Calendar r r_-ret1 al 4.a J L .December 2(127 *RIVERA,MANEI"�,. ..... ..... ..... ..... ..... ..... ..,.. ..E Wer,ks _.. 7 Sun A"•on Tue l'<ed TFaJ Fri Sat 28 29 30 Dec 7 2. u 4 (ISP„1 ` a K4 &` u IBM= h inNroC( k{- d 1 '`..... _ y 39 Fi 7 B 9 10 11 321 09 01 — . i 741200, _ 39 IM 12 13 1' 15 lb 1 14 EM 74 09:00, kyr 19 20 2.1 22 23 24 25 EM 1 MIM k=W 53 ..,531! d ,53'.......... _ 39'. —31 EM 26 27 28 29 35• 31 Jan 1 12 PSA Vasquez Schedule during Rating Period— October 2021 Laos PROfiUCTION DIEHLIII•HEN WG CaIaidu lrI Rn 1 R 00 F�11, $ 10 0—ber 2021 M a VASQUEZ,EMILY C — — — — — — — — �'[,1 L.J V-_ Ks( 3 7 ... Sur= El.n Tue Wed TF,, Fri Sas 26 _ 27 _ 29 ...... 29_. 30 µ�IIIP ° 0C•[1 � EM Em um, E IIIc, m°' 1 � o• • `51 _ +5. 4 5 6 78 ? L.5: —'1+5: 18 .. 12 - 14 15 16 E "t5 17 11w 19 �V , 20 21 22 2 '14 ...r 26 27 2E 29 30 �`'��A°, 1 MIMa.E W Q- l..itY@+ J"5+ 'E' J _32 7410.1 PSA Vasquez's Schedule during Rating Period — November 2021 (L IG FIT DtIT ) DIEHL III,HENRY G' R 'OS 0 Zr. €. 7a,iapl3Calmdar IP,- . T _ 0,t PRODUCTION Tq Calendar ldovember 2021 n;1yw:V Pndar VASQDEZ EMiLWC— — — — — — — — ,Y.._J N=.��„ 3 7 Sur Mon Tce. Wed Thu Fri Sas 31 Nov ` 5 _ 6 h 74111 1 _ >s•3. _ M MM 326 1C r 8 s ';-0 11 12 13 IBM am- WE 14 16 17 18 Iq 20 EMIrlt'i rrrrY:mr I (r 21 22 23 24 25 26 7; 3251 C t � 28 29 30 Dec.1.. 2 3 4 5 6........ _7__.. $... 9,, 10 it IM �r 13 PSA Vasquez's Schedule during Rating Period— December 2021 (LIG FIT DUTY) ITY) �4-4 KRONOS' DIP It,11 HENRY 0 PRODUCTION caiendar cL RE ELAILYC Sun V- T- W'd Thl, Fri F- 29 3v3 Uc 7 2 3 1 M M M T B E= 12 13 1" 1i 1H am 3211E 113 20 21 22 2, 24 21, E= E= EM -3261C 32 IMIMIXIMWJMM� Y8 ?7 30 31 J.,I 321 1 C 3 4 5 6 7 8 Mr-IM Mr-M, 14 Heart of Boynton Criminal Statistics for Rating Period The following criminal statistics was gleaned from the Boynton Beach Police Department Records Management System(RMS); entitled Acuity/QED - Web/PartnerT11 APPENDIX A 15 Neighborhood Officer Program S.M.A.R.T. Goals When setting goals, it is very important to remember that the goals must be consistent with the mission statement of both the Boynton Beach Community Redevelopment Agency (CRA) and the Boynton Beach Police Department. As part of the essential criteria for the Neighborhood Officer Program is to create a Specific, Measurable, Attainable, Realistic, and Timely goal that the program wants to accomplish. The purpose of distributing CSI — SmartWaterTM is to reduce burglaries and associated thefts, while simultaneously distracting trespassers and vandals from committing crimes. During this quarter, the Neighborhood Officer Program collaborated with the Boynton Beach Police Department's Crime Prevention Unit to provide CSI - SmartWaterTM to the residents and business owners of the Heart of Boynton. The distribution of FREE CSI — SmartWaterTM Forensic Coding System/Packets was provided at community meetings and displayed at the Neighborhood Officer Program Office. Our S.M.A.R.T. goal was to increase CSI — SmartWaterTM presence in the Heart of Boynton in the 1st Quarter of Fiscal Year 2021/22. We successfully provided 0 FREE CSI — SmartWaterTM Forensic Coding Packets to residents in the community — There is no difference in comparison of last quarter. The lack SmartWaterTM Forensic Coding Packets proves hard to fulfill this S.M.A.R.T. goal. 16 Neighborhood Officer Program Expenditures The Neighborhood Officer Program utilized the following expenditures during this quarter. No known expenditures were made during this rating period. The above was gleaned from the Boynton Beach Community Redevelopment Agency (CRA) — Office of Budget and Finance. 17 Neighborhood Officer Program Activity Lot We continued our partnerships with our other community stakeholders — Heart of Boynton Community Association, Habitat for HumanityTM, Healthier Boynton Beach, Boynton Beach Pathways to ProsperityTM, the Boynton Beach Coalition of Clergy and the Boynton Beach Community Redevelopment Agency (CRA). October 2021 October lst — Officer Paramore facilitated After-School Activities at the Carolyn Sims Center (X2.) October lst— The Neighborhood Officer Program conducted two (2) separate extra patrols of the Sara Sims Park located at 209 NW 9th Court, Boynton Beach, FL. October lst—PSA Vasquez conducted one (1) extra patrol ofthe;Jaycee Park located at 2600 S. Federal Highway, Boynton Beach, FL. October lst — PSA Vasquez conducted one (1) extra patrol of the Journey Church at 715 S. Federal Highway, Boynton Beach, FL. October lst — Officer Paramore logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. October lst — Officer Paramore conducted one (1) extra patrol the area of the VFW located at 521 NE 21"Avenue, Boynton Beach, FL—regarding a MYCIVICAPP traffic complaint. October lst—PSA Vasquez conducted one (1) extra patrol of the St. Mark's Church at 643 St. Mark's Place, Boynton Beach, FL. 18 October lst — Officer Paramore conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. October lst — Officer Paramore conducted one (1) separate extra patrol of the Ocean Breeze Apartment Complex in the 100 NE 7th Avenue, Boynton Beach, FL. October I't— PSA Vasquez conducted one (1) extra patrol of the Colonial Center located at 1200 S. Federal Highway, Boynton Beach, FL. October lst — Officer Paramore conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). October lst — Officer Paramore conducted one (1) extra patrol of the future Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. October lst — Officer Paramore conducted one (1) extra patrol/business checks of the businesses along 524 E. Gateway Blvd., Boynton Beach, FL. October lst — PSA Vasquez conducted one (1) extra patrol of the ONE Boynton development at 1351 S. Federal Highway, Boynton Beach, FL.. October lst — PSA Vasquez conducted one (1) extra patrol of the Grand Villa development at 1935 S. Federal Highway, Boynton Beach, FL. October lst — The Neighborhood Officer Program conducted two (2) extra patrols of the Intracoastal Park located at 2240 N. Federal Highway, Boynton Beach, FL. October 2n — PSA Vasquez conducted one (1) extra patrol of the Jaycee Park located at 2600 S. Federal Highway, Boynton Beach, FL. October 2n — PSA Vasquez conducted one (1) extra patrol of the Sunshine Square Plaza located at 500 E. Woolbright Road, Boynton Beach, FL. 19 October 2 — PSA Vasquez conducted one (1) extra patrol of the City Hall/Kids Kingdom Park/Children's Museum and -:; located at 100 E. Ocean Avenue, Boynton Beach, FL. October 2 n — PSA Vasquez conducted one (1) extra patrol of the Property Damage Consultants located at 125 E. Boynton Beach Blvd., Boynton Beach, FL. October 2 n — PSA Vasquez conducted one (1) extra patrol of the ONE Boynton development at 1351 S. Federal Highway, Boynton Beach, FL. October 2 n — PSA Vasquez conducted one (1) extra patrol of the First Baptist Church of Boynton at 301 N. Seacrest Blvd., Boynton Beach, FL. October 2 n — PSA Vasquez conducted one (1) extra patrol of the Benevento's restaurant at 1730 N. Federal Highway,,Boynton Beach, FL October 4th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader and Speed Measurement Trailer#1; however, these LPR's were off-line. October 4th — Sergeant Diehl conducted one (1) separateextra patrol of the CDC/Habitat Homes in the 100 block of NW loth Avenue - our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. October 4th — Sergeant Diehl conducted two (2) separate extra patrols of the Sara Sims Park located at 209 NW 91h Court, Boynton Beach, FL. October 4th — Sergeant Diehl conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. October 4th — At the request of Police Administration; Sergeant Diehl completed and updated the spreadsheet an overview of the Neighborhood Officer Program for September 2021. This overview included calls for service, community events, educational initiatives, and activities that built trust and legitimacy. 20 October 4th Sergeant Diehl worked ona thfie Quarterly Report (4"' Quarter of FY 2020/21) for thfie Neighborhood Officer Program, October 4th _ Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA lot (across from Bell's Market) or in the 100 block of NE loth Avenue — our attendance was requested by Centennial Management Corporation (CMC). October 4th _ Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. October 4th _ Sergeant Diehl conducted one (1) extra patrols of the new Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. October 4th _ Sergeant Diehl conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4'h Avenue, Boynton Beach — our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. October 4th _ Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE lst Street,Boynton Beach, FL. October 4th _ Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park and FIV located at 100 E. Ocean Avenue, Boynton Beach, FL. October 4th_ Sergeant Diehl conducted one (1) separate extra patrol of vacant CRA properties located at 401, 407 and 411 E. Boynton Beach Blvd., Boynton Beach, FL — our attendance was requested by former CRA Executive Director Mike Simon. October 4th _ Sergeant Diehl conducted one (1) separate extra patrol of the Ocean Breeze Apartment Complex in the 100 NE 7th Avenue, Boynton Beach, FL. October 4th— The Heart of Boynton Community Association Meeting at Carolyn Sims Center was canceled(COVID-19.) 21 October 4th— Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District (Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). October 4th — Officer Rivera conducted one (1) extra patrol of the Sunshine Square Plaza located at 500 E. Woolbright Road, Boynton Beach, FL. October 4th — Officer Rivera spent over three (3) hours at the office at the direction of the Police Administration. October 4th — Officer Rivera assisted Crime Prevention and Office of Media Relations in preparation for National Night Out— scheduled for October Stn October 5th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. October 5th — The Neighborhood Officer Program spent over one (1) hour at the office at the direction of the Police Administration. October 5th — Sergeant Diehl conducted one (1) extrapatrol of the Property Damage Consultants located at 125 E. Boynton Beach Blvd., Boynton Beach, FL. October 5th — Sergeant Diehl conducted one (1) separate extra patrols of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. October 5th — Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. October 5th — Officer Paramore conducted one (1) extra patrol the area of the VFW located at 521 NE 21"Avenue, Boynton Beach, FL—regarding a MYCIVICAPP traffic complaint. October 5th — Sergeant t Diehl worked ota thfie Quarterly Report (4"' Quarter of FY 2020/21) for tifie Neighborhood Officer Program, 22 October 5th — The Neighborhood Officer Program in collaboration with the Crime Prevention Unit facilitated a "National Night Out" — held at Barrier Free Park. A demonstration of the Humvee and "goodie" bags were provided. Another example how the Neighborhood Officer Program is endeavoring on building bridges of cooperation and trust between law enforcement and the community. October 5th — Sergeant Diehl conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. October 5th — Officer Paramore conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). October 5th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE 1st Street, Boynton Beach, FL. October 5th— Sergeant Diehl conducted one (1) separate extra patrol of vacant CRA properties located at 401, 407 and 411 E. Boynton Beach Blvd., Boynton Beach, FL — our attendance was requested by former CRA Executive Director Mike Simon. October 5th — Sergeant Diehl conducted one (1) separate extra patrol of the Sara Sims Park located at 209 NW 91h Court, Boynton Beach, FL. October 5th — Officer Paramore conducted one (1) extra patrols of the future Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. October 5th — Sergeant Diehl was unable to attend the Community Conversation meeting hosted by the IN-CROWD, due w conExxx f g evena� (Nall �-1 ghl Out.) October 5th — ".c 11a-ran-lorc alfclldcd �,arr -1- ( oi-1 a1.1"d �' �apoiE %.�aH-d-, P:C`€ ay a �'D zn Rai > . 23 October 5th — The "Community Engagement Activities — dubbed READ w/ a COP" at Poinciana Elementary School—was canceled— (COVID-19). October 5th — Officer Paramore conducted one (1) extra patrol of Intracoastal Park located at 2240 N. Federal Highway, Boynton Beach, FL. October 5th — Sergeant Diehl conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. October 5th — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Ocean Breeze Apartment Complex in the 100 NE 7th Avenue, Boynton Beach, FL. October 5th — Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park and ,' ' e:� 'i�ar eeA; � ,,,�� located at 100 E. Ocean Avenue, Boynton Beach, FL. October 5th —PSA Vasquez conducted one (1) extra patrol of the Ocean Plaza located at 640 E. Ocean Avenue, Boynton Beach, FL October 5th —PSA Vasquez conducted one (1) extra patrol of the St. Mark's Church located at 643 St. Mark's Place, Boynton Beach, FL. October 6th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader, however, this LPR was off-line. October 6th — The Neighborhood Officer Program conducted two (2) extra patrols of the Property Damage Consultants located at 125 E. Boynton Beach Blvd., Boynton Beach, FL. October 6th — PSA Vasquez conducted one (1) extra patrol of Ocean Plaza located at 640 E. Ocean Avenue, Boynton Beach, FL. October 6th — erge nt Diehl worked arta thfie Quarterly Report (4"' Quarter of FY 2020/21) for t fie Neighborhood Officer Program, 24 October 6th — Officer Rivera met with Ms. Shirley Aikens, daughter of Willie Aikens or President of the Heart of Boynton Homeowner's Association, in District 11. Ms. Aikens provided perishable food to be distributed to families' in-need in the Heart of Boynton/District II. October 6th — Sergeant Diehl conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. October 6th— Sergeant Diehl conducted one (1) separate extra patrol of the Sara Sims Park. October 6th— Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District (Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). October 6th — Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park and i,'�' e:� 'i�a�c ,��eT�t located at 100 E. Ocean Avenue,Boynton Beach, FL. October 6th — The Neighborhood Officer Program spent less than two (2) hours at the office at the direction of the Police Administration. October 6th — Sergeant Diehl conducted one (1) extra patrol of the future Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. October 6th — Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. October 6th — The Neighborhood Officer Program in collaboration with Community Standards and the "Homeless Outreach Team" contacted several individuals who had taken up residency on the vacant lot/area (Riverwalk development); however, everyone refused services. The tree/debris was removed from the property. 25 October 6th — The Neighborhood Officer Program distributed bread, pastries, and vegetables (that were earlier donated by Ms. Aikens) within the Heart of Boynton/District II — four 4 families provided for. October 6th — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Ocean Breeze East Apartment in the 100 NE 7th Avenue, Boynton Beach, FL. October 6th — Officer Paramore conducted one (1) extra patrol the area of the VFW located at 521 NE 21"Avenue, Boynton Beach, FL—regarding a MYCIVICAPP traffic complaint. October 6th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE lst Street, Boynton Beach, FL. October 6th— Sergeant Diehl conducted one (1) separate extra patrol of vacant CRA properties located at 401, 407 and 411 E. Boynton Beach Blvd., Boynton "Beach, FL — our attendance was requested by former CRA Executive Director Mike Simon. October 6th — The Neighborhood Officer Program conducted two (2) extra patrol of Intracoastal Park located at 2240 N. Federal Highway, Boynton Beach, FL. October 6th — PSA Vasquez conducted one (1) extra patrol of Harvey Oyer Park located at 2010 N. Federal Highway, Boynton Beach, FL. October 6th—PSA Vasquez conducted one (1) extra patrol of First Baptist Church of Boynton located at 301 N. Seacrest Blvd., Boynton Beach, FL. October 6th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). October 6th — Sergeant Diehl conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. 26 October 7th Sergeant Diehl worked ona thfie Quarterly Report (4"' Quarter of FY 2020/21) for thfie Neighborhood Officer Program, October 7th _ Officer Paramore logged in and monitored the Mobile License Plate Reader, however, this LPR was off-line. October 7th_ Officer Paramore facilitated After-School Activities at the Carolyn Sims Center. October 7th— The Neighborhood Officer Program spent over rive (5) hours at the office at the direction of the Police Administration. October 7th— The Neighborhood Officer Program conducted three (3) extra patrols of the future Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. October 6th _ PSA Vasquez conducted one (1) extra patrol of Ocean Plaza located at 640 E. Ocean Avenue, Boynton Beach,FL. October 7th _ PSA Vasquez conducted one (1) extra patrol of CVS located at 301 N. Federal Highway, Boynton Beach, FL. October 7th — The "Community Engagement Activities — dubbed READ w/ a COP" at Poinciana Elementary School—was canceled— (COVID-19). October 7th — The Neighborhood Officer Program conducted three (3)) separate extra patrols of the Ocean Breeze Apartments in the 100 NE 7th Avenue, Boynton Beach, FL. October 7th_In collaboration with CRA Staff(Roberts and Coppin), PSA Vasquez conducted business checks with several businesses in the CRA District. October 7th The Community Redevelopment Agency Advisory Board (CRAAB) Meeting was October 7th The Neighborhood Officer Program distributed bread, pastries, and vegetables (that were earlier donated by Ms. Aikens) within the Heart of Boynton/District 11 — seven (7) families provided for; these were items remaining from '0/6 mod dc'.hk/cry. 27 October 7th — Officer Paramore facilitated the "Feeding South Florida" produce/food distribution located at Ezell Hester. Another example how the Neighborhood Officer Program is endeavoring on building bridges of cooperation and trust between law enforcement and the community. October 7th — The "Community Engagement Activities — dubbed READ w/ a COP" at Poinciana Elementary School—was canceled— (COVID-19). October 7th—PSA Vasquez conducted one (1) extra patrol of St. Mark's Church located at 643 St. Mark's Place, Boynton Beach, FL. October 8th — Officer Paramore conducted one (1) separate extra patrol of the Ocean Breeze Apartments in the 100 NE 7th Avenue, Boynton Beach, FL. October 8th — The Neighborhood Officer Program in collaboration with the Coalition of Clergy and Crime Prevention Unit facilitated a "Faith and Blue — Blood Drive" — held at Boynton Beach Church of God. Another example how the Neighborhood Officer Program is endeavoring on building bridges of cooperation and trust between law enforcement and the community. October 8th—PSA Vasquez conducted one (1) extra patrol of St. Mark's Church located at 643 St. Mark's Place, Boynton Beach, FL. October 8th — The Neighborhood Officer Program in collaboration with the Boynton Beach Bulldogs Football Team and Crime Prevention Unit facilitated a "'Faith and Blue — Shop w/ a COP" — held at Dick's Sporting Goods. Another example how the Neighborhood Officer Program is endeavoring on building bridges of cooperation and trust between law enforcement and the community. October 9th—PSA Vasquez conducted one (1) extra patrol of First Baptist Church of Boynton Beach located at 301 N. Seacrest Blvd., Boynton Beach, FL. 28 October 9th — The Neighborhood Officer Program in collaboration with the Homeless Outreach Team and Crime Prevention Unit facilitated a "'Faitha and Blue — Ilforneless Outreach" — held at Boynton Beach Mall. Another example how the Neighborhood Officer Program is endeavoring on building bridges of cooperation and trust between law enforcement and the community. October 9th — PSA Vasquez conducted one (1) extra patrol of the Jaycee Park located at 2600 S. Federal Highway, Boynton Beach, FL. October 9th — PSA Vasquez spent less than one (1) hour at the office at the direction of the Police Administration. October 9th—PSA Vasquez conducted one (1) extra patrol of St. Mark's Church located at 643 St. Mark's Place, Boynton Beach,,FL. October 9th — PSA Vasquez conducted one (1) extra 'patrol of the Property Damage Consultants located at 125 E. Boynton Beach Blvd., Boynton Beach, FL. October 9th — PSA Vasquez conducted one (1) extra patrol of the ONE Boynton development at 1351 S. Federal Highway, Boynton Beach, FL.. October 11th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader and Speed Measurement Trailer #1; however, these LPR's were off-line. October 11th— The Neighborhood Officer Program spent over four (4) hours at the office at the direction of the Police Administration. October 11th — Sergeant Diehl conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. October 11th — The Heart of Boynton Community Association Meeting at Carolyn Sims Center was canceled(COVID-19.) 29 October 11th— Sergeant Diehl conducted one (1) separate extra patrols of the Sara Sims Park. October 11th — The Neighborhood Officer Program conducted two (2) extra patrols of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. October 11th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). October 11th — Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. October 11th — Sergeant Diehl conducted one (1) extra patrols of the new Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. October 11th — Sergeant Diehl conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. October 11th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE Lt Street,Boynton Beach, FL. October 11th — Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park and 1-11V located at 100 E. Ocean Avenue, Boynton Beach, FL. October 11th — Officer Rivera conducted one (1) extra patrol of the CVS located at 301 N. Federal Highway, Boynton Beach, FL. October 11th — Officer Rivera conducted one (1) extra patrol of the Scobee-Combs located at 599 NE 15th Avenue, Boynton Beach, FL. October 11th — Stag t:aw Diehl co�ttl�lt te�1/ et � tl t � tt��rte�°ly i e port ( "' � tt��rtt r of FY 2020/21)/2 i) l"apt~ thfie Neighborhood til"1"icer Pro tarn ONLY to PD Edi-nindstratiotfa 30 October 11th— Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Spillway at 1319 N. Federal Highway, Boynton Beach, FL. October 11th — Sergeant Diehl conducted one (1) separate extra patrol of vacant CRA properties located at 401, 407 and 411 E. Boynton Beach Blvd., Boynton Beach, FL — our attendance was requested by former CRA Executive Director Mike Simon. October 11th — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Ocean Breeze Apartment Complex in the 100 NE 7th Avenue, Boynton Beach, FL. October 11th — Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District (Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). October 11th — Officer Rivera conducted one (1)" extra patrol of the Property Damage Consultants located at 125 E. Boynton Beach Blvd., Boynton Beach, FL. October 11th — Officer Rivera conducted one (1) extra patrol of the Sunshine Square Plaza located at 500 E. Woolbright Road, Boynton Beach, FL. October 12th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. October 12th — The Neighborhood Officer Program spent over three (3) hours at the office at the direction of the Police Administration. October 12th — Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District (Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). October 12th — Sergeant Diehl conducted one (1) extra patrol of the Property Damage Consultants located at 125 E. Boynton Beach Blvd., Boynton Beach, FL. October 12th— C ffli 11'a-r n-lo. alf i-ld d SWAT %.�� ifi-1- at 20-a bc.d, 31 October 12th — Sergeant Diehl conducted one (1) separate extra patrols of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. October 12th— Sergeant Diehl conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. October 12th — Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. October 12th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE lst Street, Boynton Beach, FL. October 12th — Sergeant Diehl conducted one (1) separate extra patrol of vacant CRA properties located at 401, 407 and 411 E. Boynton Beach Blvd., Boynton Beach, FL — our attendance was requested by former CRA Executive Director Mike Simon. October 12th — Sergeant Diehl conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach-our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. October 12th— Sergeant Diehl conducted one (1) separate extra patrol of the Sara Sims Park. October 12th — Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park and F, located at 100 E. Ocean Avenue, Boynton Beach, FL. October 12th— The IN-CROWD meeting was postponed until 10/19. October 12th — Sergeant Diehl conducted one (1) separate extra patrol of the Ocean Breeze Apartment Complex in the 100 NE 7th Avenue, Boynton Beach, FL. October 12th — The "Community Engagement Activities — dubbed READ w/ a COP" at Poinciana Elementary School—was canceled— (COVID-19). 32 October 12th — Sergeant Diehl and Officer Rivera attended the Community Redevelopment Agency (CRA)/City of Boynton Beach Coordination Meeting. October 12th — Officer Rivera assisted patrol operations regarding a Traffic Stop — located in the 2200 block of N. Seacrest Blvd., Boynton Beach, FL (ref our case 21-10-2773. October 12th — Officer Rivera assisted patrol operations regarding UNKNOWN — located at 1550 N. Federal Highway, Boynton Beach, FL (ref our case 21-10-2798. October 12th — The Neighborhood Officer Program conducted one (1) extra patrol of the Patterson Plaza located at 1815 S. Federal Highway, Boynton Beach, FL. October 12th — PSA Vasquez conducted one (1) extra patrol of St. Mark's Church located at 643 St. Mark's Place, Boynton Beach, FL. October 12th — PSA Vasquez conducted one (1) extra patrol of WalmartTM located at 3625 S. Federal Highway, Boynton Beach, FL. October 12th— The Neighborhood Officer Program conducted one (1) extra patrols of the future Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. October 12th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). October 13th— Sergeant Diehl conducted one (1) separate extra patrol of the Ocean Breeze East Apartment in the 100 NE 7th Avenue, Boynton Beach, FL. October 13th — Officer Rivera met with Ms. Shirley Aikens, daughter of Willie Aikens or President of the Heart of Boynton Homeowner's Association, in District 11. Ms. Aikens provided perishable food to be distributed to families' in-need in the Heart of Boynton/District II. 33 October 13th — The Neighborhood Officer Program conducted two (2) extra patrols of the Property Damage Consultants located at 125 E. Boynton Beach Blvd., Boynton Beach, FL. October 13th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader, however, this LPR was off-line. October 13th — Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District (Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). October 13th — Sergeant Diehl conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. October 13th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Sara Sims Park. October 13th— The Neighborhood Officer Program conducted three (3) extra patrols of the City Hall/Kids Kingdom Park and EV ediorce-,atei' t located at 100 E. Ocean Avenue, Boynton Beach, FL. October 13th— The Neighborhood Officer Program spent over three (3) hours at the office at the direction of the Police Administration. October 13th — Sergeant Diehl conducted one (1) extra patrols of the future Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. October 13th — Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. October 13th — The Neighborhood Officer Program distributed bread, pastries, and vegetables (that were earlier donated by Ms. Aikens) within the Heart of Boynton/District II — four 4 families provided for. 34 October 13th — The Neighborhood Officer Program facilitated a "Alee, and greet HPD"" — hosted by Bethesda Early Learning Childhood Center. The event is a community outreach program to directly have an impact between Law Enforcement and children who reside in the community. October 13th — Sergeant Diehl conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. October 13th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). October 13th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 40711E 1st Street, Boynton Beach, FL. October 13th — Sergeant Diehl conducted one (1) separate extra patrol of vacant CRA properties located at 401, 407 and 411 E. Boynton Beach Blvd., Boynton Beach, FL — our attendance was requested by former CRA Executive Director Mike Simon. October 13th — PSA Vasquez conducted one (1) extra patrol of Harvey Oyer Park located at 2010 N. Federal Highway, Boynton Beach, FL. October 13th—PSA Vasquez conducted one (1) extra patrol of the ONE Boynton development at 1351 S. Federal Highway, Boynton Beach, FL. October 13th — PSA Vasquez conducted one (1) extra patrol of the Benevento's restaurant at 1730 N. Federal Highway, Boynton Beach, FL. October 14th — The "Community Engagement Activities — dubbed READ w/ a COP" at Poinciana Elementary School—was canceled— (COVID-19). October 14th— C ffli .N gra affc Edcd PIO trait itfg at the i o'.'"' c Da-ri t gna, 35 October 14th — In collaboration with CRA Staff (Roberts and Coppin), Officer Paramore and PSA Vasquez conducted business checks with several businesses in the CRA District. October 14th — Officer Rivera assisted patrol operations regarding a Traffic Crash — located in the 200 block of Gulfstream Blvd., Boynton Beach, FL—ref our case 21-103247. October 14th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader, however, this LPR was off-line. October 14th — PSA Vasquez conducted one (1) extra patrol of the City Hall/Kids Kingdom Park and , located at 100 E. Ocean Avenue, Boynton Beach, FL. October 14th— The Neighborhood Officer Program spent over one (1) hour at the office at the direction of the Police Administration. October 14th — Officer Paramore conducted two (2) separate extra patrols of the Ocean Breeze Apartments in the 100 NE 7th Avenue,Boynton Beach, FL. October 14th — The Neighborhood Officer Program conducted two (2) extra patrol of Intracoastal Park located at 2240 N. Federal Highway, Boynton Beach, FL. October 14th — PSA Vasquez conducted one (1) extra patrol of Ocean Plaza located at 640 E. Ocean Avenue, Boynton Beach, FL. October 14th — PSA Vasquez conducted one (1) extra patrol of St. Mark's Church located at 643 St. Mark's Place, Boynton Beach, FL. October 14th— Officer Paramore conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). October 14th — Officer Paramore conducted one (1) extra patrol the area of the VFW located at 521 NE 21"Avenue, Boynton Beach, FL—regarding a MYCIVICAPP traffic complaint. 36 October 14th— Officer Paramore conducted one (1) extra patrols of the future Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. October 15th — PSA Vasquez conducted one (1) extra patrol of the Property Damage Consultants located at 125 E. Boynton Beach Blvd., Boynton Beach, FL. October 15th — PSA Vasquez spent less than three (3) hours at the office at the direction of the Police Administration. October 15th — PSA Vasquez conducted one (1) extra patrol of the Property Damage Consultants located at 125 E. Boynton Beach Blvd., Boynton Beach, FL. October 15th — PSA Vasquez conducted one (1) extra patrol of Intracoastal Park located at 2240 N. Federal Highway, Boynton Beach, FL. October 15th — PSA Vasquez conducted one (1) extra patrol of Harvey Oyer Park located at 2010 N. Federal Highway,Boynton Beach,FL. October 15th — The "Community Engagement Activities — dubbed READ w/ a COP" at Poinciana Elementary School—was canceled- (COVID-19). October 16th — PSA Vasquez conducted one (1) extra patrol of the Harvey Oyer Park located at 2010 N. Federal Highway, Boynton Beach, FL. October 16th — PSA Vasquez conducted one (1) extra patrol of the Colonial Center located at 1200 S. Federal Highway, Boynton Beach, FL. October 16th — PSA Vasquez conducted one (1) extra patrol of the Property Damage Consultants located at 125 E. Boynton Beach Blvd., Boynton Beach, FL. October 16th — PSA Vasquez conducted one (1) separate extra patrol of the Downtown Business District (Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). 37 October 16th—PSA Vasquez conducted one (1) extra patrol of the ONE Boynton development at 1351 S. Federal Highway, Boynton Beach, FL. October 16th—PSA Vasquez conducted one (1) extra patrol of the Ocean Plaza at 640 E. Ocean Avenue, Boynton Beach, FL. October 16th — PSA Vasquez conducted one (1) extra patrol of the St. Mark's Church at 643 St. Mark's Place, Boynton Beach, FL. October 16th — PSA Vasquez conducted one (1) extra patrol of the Patterson Plaza at 1815 S. Federal Highway, Boynton Beach, FL. October 16th — PSA Vasquez conducted one (1) extra patrol of the Children's Museum/Kids Kingdom Park and 1-1" ' e��l Re t,4,iie� located at 100 E. Ocean Avenue, Boynton Beach, FL. October 18th — Officer Rivera spent over five (5) hours at the office at the direction of the Police Administration. October 18th— Officer Rivera conducted one (1) separate extra patrol of the Sara Sims Park. October 18th— Officer Rivera conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. October 18th — The Heart of Boynton Community Association Meeting at Carolyn Sims Center was canceled(COVID-19.) October 18th — Officer Rivera conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. October 18th — Officer Rivera conducted one (1) extra patrol of the Sunshine Square Plaza located at 500 E. Woolbright Road, Boynton Beach, FL. October 18th — Officer Rivera conducted one (1) extra patrol of the Riverwalk Plaza located at 1500 S. Federal Highway, Boynton Beach, FL. 38 October 19th Offiiccr Rivcra sperif ttie ei,itire day Nvorkin,g ori a PowerPoirlt'lm trairfirig a'd, i � lcssoi-� plai-E for I lon-1c1ess Oul-reach raii.h-H.6-16(y. \N hich \N as due today, The training will be offered to the Park Rangers — at the request of the PD Administration. October 19th— The Neighborhood Officer Program spent over eleven (11) hours, at the office at the direction of the Police Administration. October 19th _ Officer Paramore logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. October 19th — The Neighborhood Officer Program conducted three (3) extra patrols of Intracoastal Park located at 2240 N. Federal Highway, Boynton Beach, FL. October 19th _ PSA Vasquez conducted one (1) extra patrol of the Property Damage Consultants located at 125 E. Boynton Beach Blvd., Boynton Beach, FL. October 19th _ Officer Paramore conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. October 19th _ Officer Paramore facilitated After-School Activities at the Carolyn Sims Center. October 19th_ Officer Paramore conducted one (1) extra patrols of the future Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. October 19th — The "Community Engagement Activities — dubbed READ w/ a COP" at Poinciana Elementary School—was canceled— (COVID-19). October 19th _ Officer Paramore conducted one (1) separate extra patrol of the Ocean Breeze Apartment Complex in the 100 NE 7th Avenue, Boynton Beach, FL. October 19th _ Officer Paramore assisted patrol operations regarding a Traffic Crash — located in Boynton Beach, FL—unknown case number 19th _ ()," October ."Wcr Pa-ran-lorc aftei-ldcd Death Notific'-ritiona Tna.infinfig today at BBPD, 39 October 19th — Officer Paramore conducted one (1) extra patrol the area of the VFW located at 521 NE 21"Avenue, Boynton Beach, FL—regarding a MYCIVICAPP traffic complaint. October 20th — Officer Rivera met with Ms. Shirley Aikens, daughter of Willie Aikens or President of the Heart of Boynton Homeowner's Association, in District 11. Ms. Aikens provided perishable food to be distributed to families' in-need in the Heart of Boynton/District II. October 20th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader, however, this LPR was off-line. October 20th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach — our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. October 20th — Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park and i,'�' e:� 'iia co,�.-ne�� located at 100 E. Ocean Avenue, Boynton Beach, FL. October 20th— The Neighborhood's Officer Program spent over three (3) hours at the office at the direction of the Police Administration. October 20th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE lst Street, Boynton Beach, FL. October 20th — The Neighborhood Officer Program conducted one (1) separate extra patrol of vacant CRA properties located at 401, 407 and 411 E. Boynton Beach Blvd., Boynton Beach, FL — our attendance was requested by former CRA Executive Director Mike Simon. October 20th — PSA Vasquez/Officer Rivera conducted one (1) extra patrol of the Seagate community at 2020 S. Federal Highway, Boynton Beach, FL. October 20th— jai—a. Diehl afte�Eci d CCW training today at i�BPD Rai--- October , 40 October 20th — The Neighborhood Officer Program attended aCorm-nunnity Round Table Discussion meeting hosted by the Community Partners of South Florida, Another example how the Neighborhood Officer Program is endeavoring on building bridges of cooperation and trust between law enforcement and the community. October 20th _ PSA Vasquez/Officer Rivera conducted one (1) separate extra patrol of New Disciples Church located at 239 NE 11th Avenue, Boynton Beach, FL — our assistance was requested by Pastor Richard Dames; as suspected drug activity is occurring along the west side of the building. October 20th _ PSA Vasquez/Officer Rivera conducted one (1) extra patrol of the Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. October 20th — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Ocean Breeze East Apartment in the 100 NE 7th Avenue,Boynton Beach, FL. October 20th _ Officer Rivera/PSA Vasquez conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4h Avenue, Boynton Beach, FL. October 20th _ PSA Vasquez/Officer Rivera conducted one (1) extra patrol of the Journey Church at 715 S. Federal Highway, Boynton Beach, FL. October 20th _ PSA Vasquez/Officer Rivera conducted one (1) extra patrol of the First Baptist Church at 301 N. Seacrest Blvd., Boynton Beach, FL. October 20th _ PSA Vasquez/Officer Rivera conducted one (1) extra patrol of the business at 1317 S. Federal Highway, Boynton Beach, FL. October 21't — The "Community Engagement Activities — dubbed READ w/ a COP" at Poinciana Elementary School—was canceled— (COVID-19). October 21't - 0,11ccr Pa-ran-lorc atici-ldcd today, 41 October 21st — Sergeant Diehl logged in and monitored the Mobile License Plate Reader, however, this LPR was off-line. October 21st — Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park and FIV located at 100 E. Ocean Avenue, Boynton Beach, FL. October 21st — Sergeant Diehl conducted one (1) separate extra patrol of the future Cottage District located at 145 NE 4th Avenue, Boynton Beach — our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. October 21st — The Neighborhood Officer Program spent over four (4) hours at the office at the direction of the Police Administration. October 21st— Sergeant Diehl conducted one (1) extra patrol of the Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. October 21st — Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. October 21st — Sergeant Diehl conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW loth Avenue - our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. October 21st — Sergeant Diehl conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). October 21st— Sergeant Diehl conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. October 21st — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE 1st Street, Boynton Beach, FL. 42 October 21' — Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District (Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). October 21st — Sergeant Diehl conducted one (1) separate extra patrol of vacant CRA properties located at 401, 407 and 411 E. Boynton Beach Blvd., Boynton Beach, FL — our attendance was requested by former CRA Executive Director Mike Simon. October 21st — Sergeant Diehl conducted one (1) separate extra patrol of the Ocean Breeze Apartments in the 100 NE 7th Avenue, Boynton Beach, FL. October 21st— Sergeant Diehl conducted one (1) separate extra patrol of the Sara Sims Park. October 21st — Officer Rivera assisted patrol operations regarding a Disturbance — located in the 100 NW 7th Court, Boynton Beach, FL(ref our case 21-10-4966). October 21st — Officer Rivera/PSA Vasquez conducted one (1) extra patrol of Ocean Plaza located at 640 E. Ocean Avenue, BoyntonBeach, FL. October 21st — Officer Rivera/PSA Vasquez conducted one (1) extra patrol of WalmartTM located at 3625 S. Federal Highway, Boynton Beach, FL. October 21st — Officer Rivera/PSA Vasquez conducted one (1) extra patrol of Colonial Center located at 1200 S. Federal Highway, Boynton Beach, FL. October 21st — In collaboration with CRA Staff (Roberts and Coppin), Officer Rivera and PSA Vasquez conducted business checks with several businesses in the CRA District. October 22nd — Officer Paramore logged in and monitored the Mobile License Plate Reader, however, this LPR was off-line. October 22nd — The "Community Engagement Activities — dubbed READ w/ a COP" at Poinciana Elementary School—was canceled— (COVID-19). 43 October 22nd — In collaboration with CRA Staff (Roberts and Coppin), PSA Vasquez conducted business checks with several businesses in the CRA District. October 22nd — The Neighborhood Officer Program spent less than three (3) hours at the office at the direction of the Police Administration. October 22nd — Officer Paramore conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. October 22nd — Officer Paramore conducted two (2) separate extra patrols of the Ocean Breeze Apartments in the 100 NE 7th Avenue, Boynton Beach, FL. October 22nd — PSA Vasquez conducted one (1) extra patrol of Intracoastal Park located at 2240 N. Federal Highway, Boynton Beach, FL. October 22nd — Officer Paramore conducted two (2) extra patrols of the future Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. October 22nd — Officer Paramore conducted one (1) extra patrol the area of the VFW located at 521 NE 21"Avenue, Boynton Beach, FL-regarding a MYCIVICAPP traffic complaint. October 22nd — Officer Paramore conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). October 23''d —PSA Vasquez conducted one (1) extra patrol of the Jaycee Park located at 2600 S. Federal Highway, Boynton Beach, FL. October 23''d — PSA Vasquez conducted one (1) extra patrol of the Harvey Oyer Park located at 2010 N. Federal Highway, Boynton Beach, FL. October 23''d —PSA Vasquez conducted one (1) extra patrol of the Intracoastal Park located at 2240 N. Federal Highway, Boynton Beach, FL. 44 October 23''d — PSA Vasquez spent less than one (1) hour at the office at the direction of the Police Administration. October 23''d — PSA Vasquez conducted one (1) extra patrol of the St. Mark's Church at 643 St. Mark's Place, Boynton Beach, FL. October 23''d — PSA Vasquez conducted one (1) extra patrol of the Colonial Center at 1200 S. Federal Highway, Boynton Beach, FL. October 23''d—PSA Vasquez conducted one (1) extra patrol of the ONE Boynton development at 1351 S. Federal Highway, Boynton Beach, FL. October 23''d—PSA Vasquez conducted one (1) extra patrol of the Ocean Plaza at 640 E. Ocean Avenue, Boynton Beach, FL. October 23''d — PSA Vasquez conducted one (1) extra patrol of the WalmartTM at 3625 S. Federal Highway, Boynton Beach, FL. October 23''d — PSA Vasquez conducted one (1) extra patrol of the Children's Museum/Kids Kingdom Park and FIV e� 1 o , Pii t located at 100 E. Ocean Avenue, Boynton Beach, FL. October 23''d—PSA Vasquez conducted one (1) extra patrol of the First Baptist Church at 301 N. Seacrest Blvd., Boynton Beach, FL. October 25th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader and Speed Measurement Trailer #1; however, these LPR's were off-line. October 25th — Officer Rivera spent over two (2) hours at the office at the direction of the Police Administration. October 25th — Sergeant Diehl conducted (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. October 25th— Sergeant Diehl conducted one (1) separate extra patrol of the Sara Sims Park. 45 October 25th — The Heart of Boynton Community Association Meeting at Carolyn Sims Center was canceled(COVID-19.) October 25th — Officer Rivera conducted one (1) extra patrol of the WalmartTM at 3625 S. Federal Highway, Boynton Beach, FL. October 25th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). October 25th — Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. October 25th — Sergeant Diehl conducted one (1) extra patrols of the new Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. October 25th — Officer Rivera conducted one (1) extra patrol of the Jaycee Park at 2600 S. Federal Highway, Boynton Beach, FL. October 25th — Sergeant Diehl conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue,Boynton Beach— our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. October 25th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE lst Street, Boynton Beach, FL. October 25th—At the request from CRA Staff, Officer Rivera conducted a patrol of the bus stop (before sch000 in the 400 block of NW 10th Avenue, Boynton Beach, FL. An earlier complaint (from 2019) was that a "man" was hanging around the bus stop for embarkation and disembarkation—During this patrol no suspicious activity was noted. October 25th — Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park and 1-"�' e��'�)R�:erig��t located at 100 E. Ocean Avenue, Boynton Beach, FL. 46 October 25th — Sergeant Diehl conducted one (1) separate extra patrol of vacant CRA properties located at 401, 407 and 411 E. Boynton Beach Blvd., Boynton Beach, FL — our attendance was requested by former CRA Executive Director Mike Simon. October 25th — Sergeant Diehl conducted one (1) separate extra patrol of the Ocean Breeze Apartment Complex in the 100 NE 7th Avenue, Boynton Beach, FL. October 25th — Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District (Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). October 25th — Officer Rivera conducted one (1) extra patrol of the Intracoastal Park at 2240 N. Federal Highway, Boynton Beach, FL. October 25th — Officer Rivera conductedone (1) extra patrol of the ONE Boynton at 1351 S. Federal Highway, Boynton Beach, FL. October 25th— Sergeant Diehl conducted one (1) separate extra patrol of New Disciples Church located at 239 NE 11th Avenue, Boynton Beach, FL - our assistance was requested by Pastor Richard Dames; as suspected drug activity is occurring along the west side of the building. October 26th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. October 26th— Sergeant Diehl spent over one (1) hour at the office at the direction of the Police Administration. October 26th—PSA Vasquez conducted one (1) extra patrol of the First Baptist Church at 301 N. Seacrest Blvd., Boynton Beach, FL. October 26th — The Community Redevelopment Agency (CRA)/City of Boynton Beach Coordination Meeting was cancelea 47 October 26th—PSA Vasquez conducted one (1) extra patrol of the Grand Villa development at 1935 S. Federal Highway, Boynton Beach, FL. October 26th — Sergeant Diehl conducted one (1) separate extra patrols of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. October 26th— Sergeant Diehl conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. October 26th — PSA Vasquez conducted one (1) extra patrol of the Sunshine Square at 500 E. Woolbright Road, Boynton Beach, FL. October 26th — Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. October 26th — Sergeant Diehl conductedone (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). October 26th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE lst Street, Boynton Beach, FL. October 26th — Sergeant Diehl conducted one (1) separate extra patrol of vacant CRA properties located at 401, 407 and 411 E. Boynton Beach Blvd., Boynton Beach, FL — our attendance was requested by former CRA Executive Director Mike Simon. October 26th — Sergeant Diehl, in collaboration with Crime Prevention, attended the Trunk or Treat at Texas Roadhouse. Another example how the Neighborhood Officer Program is endeavoring on building bridges of cooperation and trust between law enforcement and the community. 48 October 26th — The "Community Engagement Activities — dubbed READ w/ a COP" at Poinciana Elementary School—was canceled— (COVID-19). October 26th — The Neighborhood Officer Program conducted two (2) extra patrols of the Property Damage Consultants located at 125 E. Boynton Beach Blvd., Boynton Beach, FL. October 26th — Sergeant Diehl conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. October 26th — Sergeant Diehl conducted one (1) extra patrol of the future Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. October 26th — The Neighborhood Officer Program conducted one (1) separate extra patrol of the Sara Sims Park. October 26th — Sergeant Diehl conducted one (1) extra patrol of the CityHall/Kids Kingdom Park and i,'�' e:� 'i�ari,er�e�� located at 100 E. Ocean Avenue,;Boynton Beach, FL. October 26th — PSA Vasquez conducted`one (1) extra patrol of Intracoastal Park located at 2240 N. Federal Highway, Boynton Beach, FL. October 26th — PSA Vasquez conducted one (1) extra patrol of Harvey Oyer Park located at 2010 N. Federal Highway, Boynton Beach, FL. October 26th — Sergeant Diehl conducted one (1) separate extra patrol of the Ocean Breeze Apartment Complex in the 100 NE 7th Avenue, Boynton Beach, FL. October 27th — Officer Rivera met with Ms. Shirley Aikens, daughter of Willie Aikens or President of the Heart of Boynton Homeowner's Association, in District 11. Ms. Aikens provided perishable food to be distributed to families' in-need in the Heart of Boynton/District II. 49 October 27th — Sergeant Diehl conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. October 27th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader, however, this LPR was off-line. October 27th— Sergeant Diehl conducted one (1) separate extra patrol of the Sara Sims Park. October 27th — Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park and F, located at 100 E. Ocean Avenue, Boynton Beach, FL. October 27th— The Neighborhood Officer Program spent over three (3) hours at the office at the direction of the Police Administration. October 27th — Sergeant Diehl conducted one (1) extra patrol of the future Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. October 27th — Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. October 27th — Sergeant Diehl conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. October 27th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). October 27th — The Neighborhood Officer Program distributed bread, pastries, and vegetables (that were earlier donated by Ms. Aikens) within the Heart of Boynton/District II — two 2 families provided for. 50 October 27th — The Neighborhood Officer Program conducted two (2) separate extra patrols of New Disciples Church located at 239 NE 11th Avenue, Boynton Beach, FL — our assistance was requested by Pastor Richard Dames; as suspected drug activity is occurring along the west side of the building. October 27th— Sergeant Diehl conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. October 27th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE lst Street, Boynton Beach, FL. October 27th — Sergeant Diehl conducted one (1) separate extra patrol of vacant CRA properties located at 401, 407 and 411 E. Boynton Beach Blvd., Boynton Beach, FL — our attendance was requested by former CRA Executive Director Mike Simon. October 27th — Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District (Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). October 27th— Sergeant Diehl conducted one (1) separate extra patrol of the Ocean Breeze East Apartment in the 100 NE 7th Avenue, Boynton Beach, FL. October 27th — The Neighborhood Officer Program conducted two (2) extra patrols of the St. Mark's Church at 643 St. Mark's Place, Boynton Beach, FL. October 27th — Officer Rivera conducted one (1) extra patrol of the WalmartTM at 3625 S. Federal Highway, Boynton Beach, FL. October 27th — PSA Vasquez conducted one (1) extra patrol of the Property Damage Consultants located at 125 E. Boynton Beach Blvd., Boynton Beach, FL. October 27th — PSA Vasquez conducted one (1) extra patrol of the ONE Boynton at 1351 S. Federal Highway, Boynton Beach, FL. 51 October 28th — The "Community Engagement Activities — dubbed READ w/ a COP" at Poinciana Elementary School—was canceled— (COVID-19). October 28th—PSA Vasquez spent over two (2) hours at the office at the direction of the Police Administration. October 28th—PSA Vasquez conducted one (1) extra patrol of the First Baptist Church at 301 N. Seacrest Blvd., Boynton Beach, FL. October 28th — PSA Vasquez conducted one (1) extra patrol of the Property Damage Consultants located at 125 E. Boynton Beach Blvd., Boynton Beach, FL. October 28th — PSA Vasquez conducted one (1) extra patrol of the WalmartTM located at 3625 S. Federal Highway, Boynton Beach, FL. October 28th — PSA Vasquez conducted one (1) extra patrol of the Patterson Plaza located at 1815 S. Federal Highway, Boynton Beach, FL. October 28th — PSA Vasquez conducted one (1) extra patrol of the Benevento's restaurant at 1730 N. Federal Highway, Boynton Beach, FL. October 28th — PSA Vasquez conducted one,(1) extra patrol of the Ocean Plaza located at 640 E. Ocean Avenue, Boynton Beach, FL. October 28th — PSA Vasquez conducted one (1) extra patrol of the Cottage Home located at 2015 S. Federal Highway, Boynton Beach, FL. October 29th— C ffli 11'a-r n-lo. alf i-ld d �s�'�r A %.�� ifi-1� at 2f a ��.d, Zn October 29th — PSA Vasquez conducted one (1) extra patrol of the Property Damage Consultants located at 125 E. Boynton Beach Blvd., Boynton Beach, FL. October 29th — PSA Vasquez conducted one (1) extra patrol of Intracoastal Park located at 2240 N. Federal Highway, Boynton Beach, FL. 52 October 29th — The "Community Engagement Activities — dubbed READ w/ a COP" at Poinciana Elementary School—was canceled— (COVID-19). October 29th — The Neighborhood Officer Program spent less than one (1) hour at the office at the direction of the Police Administration. October 29th — PSA Vasquez conducted one (1) extra patrol of the St. Mark's Church at 643 St. Mark's Place, Boynton Beach, FL. October 29th — PSA Vasquez conducted one (1) extra patrol of the Ocean Plaza located at 640 E. Ocean Avenue, Boynton Beach, FL. October 29th — PSA Vasquez conducted one (1) extra patrol of the Colonial Center at 1200 S. Federal Highway, Boynton Beach, FL. October 29th—PSA Vasquez conducted one (1) extra patrol of the Grand Villa development at 1935 S. Federal Highway,Boynton Beach, FL. October 30th — Sergeant Diehl and Officer Rivera participated in the "1 "' Attnual l�iratt tit and Merinaid Splash Halloween Haunt" event hosted by Boynton Beach Community Redevelopment Agency— located at Centennial Park. Another example how the Neighborhood Officer Program is endeavoring on building bridges of cooperation and trust between law enforcement and the community. October 30th — Sergeant Diehl, Officer Rivera and PSA Vasquez participated in the ",10'1' Annul Pirate Fest and Merinaid Splash Halloween tint" event hosted by Boynton Beach Community Redevelopment Agency — located at Centennial Park. Another example how the Neighborhood Officer Program is endeavoring on building bridges of cooperation and trust between law enforcement and the community. 53 November 2021 November I" — The Heart of Boynton Community Association Meeting at Carolyn Sims Center was canceled(COVID-19.) November lst — Officer Rivera spent over five (5) hours at the office at the direction of the Police Administration. November lst — Officer Rivera conducted one (1) extra patrol of the Jaycee Park located at 2600 S. Federal Highway, Boynton Beach, FL. November lst — Officer Rivera conducted one (1) extra patrol of the Sunshine Square Plaza located at 500 E. Woolbright Road, Boynton Beach, FL. November 2 n — At the,request of Police Administration; Sergeant Diehl completed and updated the spreadsheet an overview of the Neighborhood Officer Program for October 2021. This overview included calls for service, community events, educational initiatives, and activities that built trust and legitimacy. November 2 n — Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. November 2 n — Officer Rivera spent over three (3) hours at the office at the direction of the Police Administration. November 2 n — Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District (Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). November 2 n — The Neighborhood Officer Program conducted two (2) extra patrols of the Property Damage Consultants located at 125 E. Boynton Beach Blvd., Boynton Beach, FL. 54 November 2IId — The Neighborhood Officer Program distributed bread, pastries, and vegetables (that were earlier donated by Ms. Aikens) within the Heart of Boynton/District II — three (3) families provided for; these were items remaining from i 0%2� mod die x'We ry. November 2n — The Neighborhood Officer Program conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. November 2n — Officer Rivera conducted one (1) extra patrol of the Ocean Plaza located at 640 E. Ocean Avenue, Boynton Beach, FL. November 2n — The Neighborhood Officer Program conducted two (2) extra patrols of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. November 2n— Sergeant Diehl conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). November 2n — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE Lt Street,Boynton Beach, FL. November 2n — Sergeant Diehl conducted one (1) separate extra patrol of vacant CRA properties located at 401, 407 and 411 E. Boynton Beach Blvd., Boynton Beach, FL — our attendance was requested by former CRA Executive Director Mike Simon. November 2n — Sergeant Diehl conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. November 2n — The "Community Engagement Activities — dubbed READ w/ a COP" at Poinciana Elementary School—was canceled— (COVID-19). November 2nd— Sergeant Diehl attended the City Commission meeting (virtually.) 55 November 2 — Sergeant Diehl attended a Community Conversation meeting hosted by the IN-CROWDS xx). Another example how the Neighborhood Officer Program is endeavoring on building bridges of cooperation and trust between law enforcement and the community. November 2IId— rcc E�1'-".i' \N' -cassy i cd to (,h1-du1`�. November 2 n — Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park and 11located at 100 E. Ocean Avenue, Boynton Beach, FL. November 2 n — Sergeant Diehl conducted one (1) separate extra patrol of the Ocean Breeze Apartment Complex in the 100 NE 7th Avenue, Boynton Beach, FL. November 2 n — Sergeant Diehl conducted one (1) extra patrols of the future Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. November 2 n — The Neighborhood Officer Program conducted one O separate extra patrol of the Sara Sims Park. November 3''d — Sergeant Diehl conducted one (1)"separate extra patrol of the Downtown Business District (Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). November 3''d — Sergeant Diehl conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. November 3''d — Officer Rivera met with Ms. Shirley Aikens, daughter of Willie Aikens or President of the Heart of Boynton Homeowner's Association, in District 11. Ms. Aikens provided perishable food to be distributed to families' in-need in the Heart of Boynton/District II. 56 November 3''d — Officer Rivera assisted patrol operations regarding a Disturbance — located in the 1600 N. Federal Highway, Boynton Beach, FL (ref our case 21-42788). November 3''d — Sergeant Diehl logged in and monitored the Mobile License Plate Reader, however, this LPR was off-line. November 3''d— Sergeant Diehl conducted one (1) separate extra patrol of the Sara Sims Park. November 3''d— The Neighborhood Officer Program conducted two (2) extra patrols of the City Hall/Kids Kingdom Park and 1.11 V located at 100 E. Ocean Avenue, Boynton Beach, FL. November 3''d — Sergeant Diehl conducted one (1) extra patrol of the future Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. November 3''d — Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., BoyntonBeach, FL. November 3''d — Officer Rivera conducted one (1) separate extrapatrol of the Ocean Breeze East Apartment in the 100 NE 7ch Avenue,Boynton Beach,FL. November 3''d — Officer Rivera spent over four (4) hours at the office at the direction of the Police Administration. November 3'' — PSA �r��s�Euc \N a <>E : € u t po > E o f ti c_.. November 3''d — The Neighborhood Officer Program conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. November 3''d — Sergeant Diehl attended a virtual rune ing hosted by the Boynton Beach Coalition of Clergy (Rae Whitely) regarding a Narcan Distribution event on 11/13. Another example how the Neighborhood Officer Program is endeavoring on building bridges of cooperation and trust between law enforcement and the community. 57 November 3''d — The Neighborhood Officer Program distributed bread, pastries, and vegetables (that were earlier donated by Ms. Aikens) within the Heart of Boynton/District II — six (6) families provided for. November 3''d — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE lst Street, Boynton Beach, FL. November 3''d — Sergeant Diehl conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. November 3''d — Sergeant Diehl conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC).. November 3''d — Officer Rivera conducted one (1) extra patrol of the WalmartTM located at 3625 S. Federal Highway, Boynton Beach, FL. November 3''d — Sergeant Diehl conducted one (1') separate extra patrol of vacant CRA properties located at 401, 407 and 411 E. Boynton Beach Blvd., Boynton Beach, FL — our attendance was requested by former CRA Executive Director Mike Simon. November 4th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader, however, this LPR was off-line. November 4th — Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park and 1-11V located at 100 E. Ocean Avenue, Boynton Beach, FL. November 4t — I'`�1'� Vasquez 1N as �-cassi ��'C� P:C` (,hi-duly!— C``a P:C`€��i��, November 4th — Sergeant Diehl conducted one (1) separate extra patrol of the future Cottage District located at 145 NE 4th Avenue, Boynton Beach — our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. 58 November 4th — The "Community Engagement Activities — dubbed READ w/ a COP" at Poinciana Elementary School—was canceled— (COVID-19). November 4th — Sergeant Diehl and Officer Rivera attended the Community Redevelopment Agency Advisory Board (CRAAB) Meeting at City Hall. November 4th — Officer Rivera spent over three (3) hours at the office at the direction of the Police Administration. November 4th — Sergeant Diehl conducted one (1) extra patrols of the future Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. November 4th — Sergeant Diehl conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. November 4th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). November 4th — Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District (Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). November 4th — Sergeant Diehl conducted one (1) separate extra patrol of the Ocean Breeze Apartments in the 100 NE 7th Avenue, Boynton Beach, FL. November 4th — Officer Rivera conducted one (1) extra patrol of WalmartTM located at 3625 S. Federal Highway, Boynton Beach, FL. November 4th— Sergeant Diehl conducted one (1) separate extra patrol of the Sara Sims Park. 59 November 4th — The Neighborhood Officer Program distributed bread, pastries, and vegetables (that were earlier donated by Ms. Aikens) within the Heart of Boynton/District II — one (1) families provided for; these were items remaining from i i%� fbo die'.1"'W r . November 5th— rcc {i1'-".'' l ass i cd to ght—€ my osiiniol-E. November 6th— Vasquez l ass i cd to ght—€ my osiinioiE November 8th— Sergeant Diehl logged in and monitored the Mobile License Plate Reader and Speed Measurement Trailer #1; however, these LPR's were off-line. November 8th — The Neighborhood Officer Program spent over four (4) hours at the office at the direction of the Police Administration. November 8th — Sergeant Diehl conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 101h Avenue our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. November 8th— Sergeant Diehl conducted one (1) separate extra patrol of the Sara Sims Park. November 8th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). November 8th — Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. November 8th — Sergeant Diehl conducted one (1) extra patrols of the new Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. November 8th — The Heart of Boynton Community Association Meeting at Carolyn Sims Center was canceled(COVID-19.) 60 November 8th — Sergeant Diehl conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. November 8th — Sergeant Diehl partnered with Willie Aikens to post/distribute flyers for the upcoming "Turkey Voucher Give-away" — many of the residents/businesses was accommodating on receiving and posting the flyers. November 8th — The Heart of Boynton Community Association Meeting at Carolyn Sims Center was canceled(COVID-19.) November 8th — Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park and , located at 100 E. Ocean Avenue, Boynton Beach, FL. November 8th — Sergeant Diehl conducted one (1) separate extra patrol of the Ocean Breeze Apartment Complex in the 100 NE 7th Avenue, Boynton Beach, FL. November 8th — Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District (Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). November 8th — Officer Rivera conducted one (1) extra patrol of the Property Damage Consultants located at 125 E. Boynton Beach Blvd., Boynton Beach, FL. November 8th — Officer Rivera conducted one (1) extra patrol of the Atrium Plaza located at 2755 S. Federal Highway, Boynton Beach, FL. November 8th — Officer Rivera conducted one (1) extra patrol of the ONE Boynton located at 1351 S. Federal Highway, Boynton Beach, FL. November 8th— Officer Rivera conducted one (1) extra patrol of the Harvey Oyer Park located at 2010 N. Federal Highway, Boynton Beach, FL. 61 November 91h — Sergeant Diehl, Officer Paramore and Officer Rivera attended the Community Redevelopment Agency Board(CRA)Meeting at City Hall. November 9th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. November 9th — The Neighborhood Officer Program spent over four (4) hours at the office at the direction of the Police Administration. November 9th — Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District (Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). November 9th — Sergeant Diehl conducted one (1) extra patrol of the Property Damage Consultants located at 125 E. Boynton Beach Blvd., Boynton Beach, FL. November 9th — Sergeant Diehl conducted one (1) separate extra patrols of the CDC/Habitat Homes in the 100 block of NW 10th Avenue - our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. November 9th — Sergeant Diehl conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. November 9th — Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. November 9th — The Neighborhood Officer Program facilitated After-School Activities at the Carolyn Sims Center. November 9th — Officer Paramore conducted one (1) extra patrol of Intracoastal Park located at 2240 N. Federal Highway, Boynton Beach, FL. November 9th — The "Community Engagement Activities — dubbed READ w/ a COP" at Poinciana Elementary School—was canceled— (COVID-19). 62 November 91h — The Neighborhood Officer Program conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). November 9th — Sergeant Diehl conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. November 9th — The Neighborhood Officer Program conducted two (2) extra patrols of the future Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. November 9th — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Sara Sims Park. November 9th — Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park and i,'�' e:� 'I�arc�nrie�iit located at 100 E. Ocean Avenue, Boynton Beach, FL. November 9th— PSA VasCl tcz was reassio,ne to lid hr-; uty position, November 9th— Officer Paramore conducted one (1) extra patrol of the VFW located at 521 NE 21st Avenue, Boynton Beach, FL. November 9th — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Ocean Breeze Apartment Complex in the 100 NE 7th Avenue, Boynton Beach, FL. November 9th — Officer Rivera conducted one (1) extra patrol of the Cherry Hill Mini-Mart located at 1213 NW 4th Street, Boynton Beach, FL. November 10th— Vasquez Y,{ ass d to ght € ul y osinion November 10th — Officer Rivera met with Ms. Shirley Aikens, daughter of Willie Aikens or President of the Heart of Boynton Homeowner's Association, in District 11. Ms. Aikens provided perishable food to be distributed to families' in-need in the Heart of Boynton/District II. 63 November 10th — Officer Rivera assisted patrol operations regarding a Trespass Agreement — located in the 1213 NW 4th Street, Boynton Beach, FL(ref our case 21-043075. November 10th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader, however, this LPR was off-line. November 10th — Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District (Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). November 10th— Sergeant Diehl conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. November 10th— Sergeant Diehl conducted one(1) separate extra patrol of the Sara Sims Park. November 10th— Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park and 1-11%' edior cem ew�� located at 100 E. Ocean Avenue, Boynton Beach, FL. November 10th— The Neighborhood Officer Program spent over three (3) hours at the office at the direction of the Police Administration. November 10th — Sergeant Diehl conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. November 10th — Sergeant Diehl attended a virtual fitting hosted by the Trinity Counseling Center (Sheila Gaines) regarding a Narcan Distribution event on 11/13. Another example how the Neighborhood Officer Program is endeavoring on building bridges of cooperation and trust between law enforcement and the community. 64 November 10th — The Neighborhood Officer Program distributed bread, pastries, and vegetables (that were earlier donated by Ms. Aikens) within the Heart of Boynton/District II — five (5) families provided for. November 10th— Sergeant Diehl conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). November 10th — Sergeant Diehl conducted one (1) separate extra patrol of vacant CRA properties located at 401, 407 and 411 E. Boynton Beach Blvd., Boynton Beach, FL — our attendance was requested by former CRA Executive Director Mike Simon. November 10th — Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. ` November 10th — The Neighborhood Officer Program conducted two (2) 'separate extra patrols of the Ocean Breeze East Apartment in the 100 NE 7th Avenue, Boynton Beach, FL. November 10th — Sergeant Diehl conducted one (1) extra patrols of the Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. November 10th — Officer Rivera conducted one (1) extra patrol of the WalmartTM located at 3625 S. Federal Highway, Boynton Beach, FL. November 10th — Officer Rivera conducted one (1) extra patrol of the Jaycee Park located at 2600 S. Federal Highway, Boynton Beach, FL. November 11th — Officer Paramore facilitated the "Feeding South Florida" produce/food distribution located at Ezell Hester. Another example how the Neighborhood Officer Program is endeavoring on building bridges of cooperation and trust between law enforcement and the community. November 11th— Vasquez Y,{ ass d to ght € ul y ��s niol-. 65 November 111h — Sergeant Diehl logged in and monitored the Mobile License Plate Reader, however, this LPR was off-line. November 11th— Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park and , located at 100 E. Ocean Avenue, Boynton Beach, FL. November 11th — Sergeant Diehl conducted one (1) separate extra patrol of the future Cottage District located at 145 NE 4th Avenue, Boynton Beach — our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. November 11th — Officer Paramore conducted one (1) extra patrols of the future Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. November 11th — Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. ` November 11th — Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District (Hurricane Alley/Boardwalk Ice Cream/Guava Go/Ocean Food Mart/Pio Pio). November 11th — Officer Paramore conducted one (1) extra patrol of Intracoastal Park located at 2240 N. Federal Highway, Boynton Beach, FL. November 11th — Officer Paramore conducted one (1) extra patrol of the VFW located at 521 NE 21st Avenue, Boynton Beach, FL. November 12th— 1"SA Vasquez \N as ss � gci �:c� E �: € ut:y osi'MiM., November 13th — In collaboration with the Heart of Boynton Community Association and Paradise Windows and Doors; the Neighborhood Officer Program donated/distributed one iautfidred and fifty 0.5th) turkey v ouchfie s and bags of food to families in the Heart of Boynton/District IL This event is designed as a community outreach program to directly have an impact between Law Enforcement and the community. 66 November 13th_ In collaboration with the Coalition of Clergy and Trinity Counseling Center of Florida, Inc.; the Neighborhood Officer Program facilitated dispensing (2831 Narc'-rinfi deployrnenfits and Corm-nunnity BBQ in the Heart of Boynton/District 11. This event is designed as a community outreach program to directly have an impact between Law Enforcement and the community. 13th -c , -�cd to "Jight-duly posniol ii -� November 13 PSA Vasquez \N as assi November 15th _ Sergeant Diehl logged in and monitored the Mobile License Plate Reader and Speed Measurement Trailer #1; however, these LPR's were off-line. November 15th— The Neighborhood Officer Program spent over three (3) hours, at the office at the direction of the Police Administration. November 15th _ Sergeant Diehl conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW loth Avenue — our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. November 15th Sergeant Diehl conducted one (1) separate extra patrol of the Sara Sims Park. November 15th Officer Rivera conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. November 15th _ Sergeant Diehl conducted one (1) separate extra patrol of New Disciples Church located at 239 NE 11th Avenue, Boynton Beach, FL — our assistance was requested by Pastor Richard Dames; as suspected drug activity is occurring along the west side of the building. November 15th _ Officer Rivera conducted one (1) extra patrol of the Ocean Plaza located at 640 E. Ocean Avenue, Boynton Beach, FL. November 15th _ Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. 67 November 15th — The Heart of Boynton Community Association Meeting at Carolyn Sims Center was canceled(COVID-19.) November 15th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). November 15th — Sergeant Diehl conducted one (1) extra patrols of the new Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. November 15th— Sergeant Diehl conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. November 15th— Sergeant Diehl conducted one,(1) extra patrol of the City Hall/Kids Kingdom Park and 1,"�' a^� 'I�)t(`,eF`°IGtt:"�,t located at 100 E. Ocean Avenue, Boynton Beach, FL. November 15th — Sergeant Diehl conducted one (1) separate extra patrol of the Ocean Breeze Apartment Complex in the 100 NE 7th Avenue,Boynton Beach, FL. November 15th — Officer Rivera conducted one (1) extra patrol of the Property Damage Consultants located at 125 E. Boynton Beach Blvd., Boynton Beach, FL. November 15th — Officer Rivera conducted one (1) extra patrol of the Sunshine Square Plaza located at 500 E. Woolbright Road, Boynton Beach, FL. November 15th — Officer Rivera conducted one (1) extra patrol of the Cherry Hill Mini-Mart located at 1213 NW 4th Street, Boynton Beach, FL. November 15th — Officer Rivera conducted one (1) extra patrol of the Provident Church located at 1015 NW 4th Street, Boynton Beach, FL. November 15th — Officer Rivera assisted patrol operations regarding a Traffic Complaint — located in the 500 block of W. Boynton Beach Blvd. —NO case number provided. 68 1h i -c , -�cd to "Jight-duly posnioi ii -� November 16 PSA Vasquez \N as assi C,,, November 16th— laa November 16th Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. November 16th— The Neighborhood Officer Program spent over three (3) hours, at the office at the direction of the Police Administration. November 16th _ Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District (Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). November 16th _ Sergeant Diehl conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 101h Avenue — our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. November 16th _ Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. November 16th_ Sergeant Diehl conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). November 16th — The "Community Engagement Activities — dubbed READ w/ a COP" at Poinciana Elementary School—was canceled— (COVID-19). November 16th — The Neighborhood Officer Program hosted a Police — Corm-nunnity Services demonfistnritiona for "Cub Scout — Pack #241." The demonstration was held at Imagine Chancellor and was designed as a community outreach program to directly have an impact between Law Enforcement and the Scouts. 69 November 16th — Officers from the Neighborhood Officer Program and the Crime Prevention Unit conducted 221 Shop COP at WalmartTM. Another example how the Neighborhood Officer Program is endeavoring on building bridges of cooperation and trust between law enforcement and the community. November 16th— Sergeant Diehl i4rtu lty attended the City Commission Meeting. November 16th — The Neighborhood Officer Program conducted two (2 extra patrols of the future Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. November 16th— Sergeant Diehl conducted one (1) separate extra patrol of the Sara Sims Park. November 16th — Sergeant Diehl conducted one (1) separate extra patrol of the Ocean Breeze Apartment Complex in the 100 NE 7th Avenue, Boynton Beach, FL. November 16th— Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park and i,'�' e:� 'i�ar(,-,,en;e,,at located at 100 E. Ocean Avenue,Boynton Beach, FL. November 16th— Sergeant Diehl conducted one (1) separate,extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach-our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. November 16th — Sergeant Diehl conducted one (1) separate extra patrol of vacant CRA properties located at 401, 407 and 411 E. Boynton Beach Blvd., Boynton Beach, FL — our attendance was requested by former CRA Executive Director Mike Simon. November 17th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader, however, this LPR was off-line. November 17th — Officer Rivera met with Ms. Shirley Aikens, daughter of Willie Aikens or President of the Heart of Boynton Homeowner's Association, in District 11. Ms. Aikens provided perishable food to be distributed to families' in-need in the Heart of Boynton/District II. 70 November 17th — Officer Paramore facilitated After-School Activities at the Carolyn Sims Center. November 17th— Sergeant Diehl conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. November 17th — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Sara Sims Park. November 17th— Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park and , located at 100 E. Ocean Avenue, Boynton Beach, FL. November 17th— The Neighborhood Officer Program spent over five (5) hours at the office at the direction of the Police Administration. November 17th — Officer Paramore conducted one (1) extra patrols of the future Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. November 17th — Sergeant Diehl conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 10th Avenue - our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. November 17th — Officer Paramore conducted one (1) extra patrol of the VFW located at 521 NE 21st Avenue, Boynton Beach, FL. November 17th — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Ocean Breeze East Apartment in the 100 NE 7th Avenue, Boynton Beach, FL. November 17th — The Neighborhood Officer Program distributed bread, pastries, and vegetables (that were earlier donated by Ms. Aikens) within the Heart of Boynton/District II— three (3) families provided for. 71 November 17th— The Neighborhood Officer Program conducted one (1) separate extra patrols of New Disciples Church located at 239 NE 11th Avenue, Boynton Beach, FL — our assistance was requested by Pastor Richard Dames; as suspected drug activity is occurring along the west side of the building. November 18th — The Neighborhood Officer Program conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. November 17th— The Neighborhood Officer Program conducted one (1) extra patrol of the Fish Depot and Bar located at 511 NE 4th Street, Boynton Beach, FL. November 17th — Officer Rivera conducted one (1) extra patrol of the WalmartTM located at 3625 S. Federal Highway, Boynton Beach, FL. November 17th — Officer Paramore conducted one (1)'extra patrol of Intracoastal Park located at 2240 N. Federal Highway,Boynton Beach, FL. November 17th — Officer Paramore conducted one (1) extra patrol of the Sunshine Square Plaza located at 500 E. Woolbright Road, Boynton Beach, FL. November 18th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader, however, this LPR was off-line. November 18th— Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park and 1-1located at 100 E. Ocean Avenue, Boynton Beach, FL. November 18th — The Neighborhood Officer Program spent over four (4) hours at the office at the direction of the Police Administration. November 18th — Officers from the Neighborhood Officer Program and the Crime Prevention Unit conducted 221 Shop w/ COP at WalmartTM. Another example how the Neighborhood Officer Program is endeavoring on building bridges of cooperation and trust between law enforcement and the community. 72 November 18th — The "Community Engagement Activities — dubbed READ w/ a COP" at Poinciana Elementary School—was canceled— (COVID-19). November 18th— r Vasquez ass d to ght € ul y ��s nioi-. November 18th — Sergeant Diehl conducted one (1) separate extra patrol of the future Cottage District located at 145 NE 4th Avenue, Boynton Beach — our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. November 18th — The Neighborhood Officer Program conducted one (1) extra patrols of the future Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. November 18th — Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. November 18th — Sergeant Diehl conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. November 18th— Sergeant Diehl conducted one''(1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). November 18th — Officer Rivera conducted one (1) extra patrol of the WalmartTM located at 3625 S. Federal Highway, Boynton Beach, FL. November 18th— Sergeant Diehl conducted one (1) separate extra patrol of the Sara Sims Park. November 18th — Sergeant Diehl conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. November 18th — Officer Paramore conducted one (1) extra patrol of the VFW located at 521 NE 21st Avenue, Boynton Beach, FL. 73 November 18th — Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District (Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). November 19th— Vasquez Y,{ ass d to ght € ul y osinion November 20th — The Neighborhood Officer Program attended the "Gift Cards for funs" event hosted by Boys onl Ec ach iso cue i to-len, — located at Ezell Hester Community Center. Another example how the Neighborhood Officer Program is endeavoring on building bridges of cooperation and trust between law enforcement and the community. November 20th— r Vasquez ass d to ght € ul y osinion November 22nd — Sergeant Diehl logged in and monitored the Mobile License Plate Reader and Speed Measurement.Trailer#1; however,these LPR's were off-line. November 22nd— The Neighborhood Officer Program spent over three (3) hours at the office at the direction of the Police Administration. November 22nd— The Neighborhood Officer Program conducted one (1) extra patrol of the Fish Depot and Bar located at 511 NE 4th Street, Boynton Beach, FL. November 22nd — Sergeant Diehl conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. November 22nd— Sergeant Diehl conducted one (1) separate extra patrol of the Sara Sims Park. November 22nd— Officer Rivera conducted one (1) extra patrol of the restaurant located at 480 E. Ocean Avenue, Boynton Beach, FL. November 22nd— The Neighborhood Officer Program facilitated After-School Camp Activities at the Carolyn Sims Center. 74 November 22nd — The Heart of Boynton Community Association Meeting at Carolyn Sims Center was canceled(COVID-19.) November 22nd — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). November 22nd — Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. November 22nd — Officer Rivera conducted one (1) extra patrol of the Journey Church located at 701 S. Federal Highway, Boynton Beach, FL. November 22nd — Sergeant Diehl conducted one (1) extra patrols of the new Dollar GeneralTM located at 100 NE IOd'Avenue, Boynton Beach, FL. November 22nd— Sergeant Diehl conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue,Boynton Beach —our,attendance was requested by former CRA Executive Director Mike Simon and Police Administration. November 22nd — Officer Rivera conducted one (1) extra patrol of the CVS located at 301 N. Federal Highway, Boynton Beach, FL. November 22nd— Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park and 1-11V located at 100 E. Ocean Avenue, Boynton Beach, FL. November 22nd — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Ocean Breeze Apartment Complex in the 100 NE 7th Avenue, Boynton Beach, FL. November 22nd — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Downtown Business District (Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). 75 November 22nd — Officer Rivera conducted one (1) extra patrol in the area of 700 block of E. MLK, Boynton Beach, FL. November 23''d — Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. November 23''d— The Neighborhood Officer Program spent over three (3) hours at the office at the direction of the Police Administration. November 23''d — Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District (Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). November 23''d — Sergeant Diehl conducted one (1) extra patrol of the Property Damage Consultants located at 125 E. Boynton Beach Blvd.,Boynton Beach, FL. November 23''d — Sergeant Diehl conducted one (1) separate extra patrols'of the CDC/Habitat Homes in the 100 block of NW 10th Avenue - our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. November 23''d — Sergeant Diehl conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. November 23''d — Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. November 23''d — Sergeant Diehl conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). November 23'd— PSA Vasquez t^�'as -cass, 'C� P;C` itP. dutyosi' ., November 23''d — The Community Conversation meeting hosted by the IN-CROWD as cai-Icc.ed, 76 November 23''d — Sergeant Diehl vrr°/i/a//Y attended the Community Redevelopment Agency (CRA)/City of Boynton Beach Coordination Meeting. November 23''d — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE lst Street, Boynton Beach, FL. November 23''d — Sergeant Diehl conducted one (1) separate extra patrol of vacant CRA properties located at 401, 407 and 411 E. Boynton Beach Blvd., Boynton Beach, FL — our attendance was requested by former CRA Executive Director Mike Simon. November 23''d— Sergeant Diehl conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. November 23''d — Sergeant Diehl conducted one (1) extra patrol of the future Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. November 23''d— Sergeant Diehl conducted one (1) separate extra patrol of the Sara Sims Park. November 23''d — Sergeant Diehl conducted one (1) separate extra patrol of the Ocean Breeze Apartment Complex in the 100 NE 7th Avenue,Boynton Beach, FL. November 23''d— Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park and 1-"�' e��'�)r r:erig rpt located at 100 E. Ocean Avenue, Boynton Beach, FL. November 23''d — Officer Rivera conducted one (1) extra patrol of the WalmartTM located at 1500 S. Federal Highway, Boynton Beach, FL. November 24th— IISA Vasquez \N as ss � gc� �:c� E �: € ut:y osi'MiM., November 24th — Officer Paramore facilitated After-School Activities at the Carolyn Sims Center. November 24th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader, however, this LPR was off-line. 77 November 24th — Officer Rivera met with Ms. Shirley Aikens, daughter of Willie Aikens or President of the Heart of Boynton Homeowner's Association, in District 11. Ms. Aikens provided perishable food to be distributed to families' in-need in the Heart of Boynton/District II. November 24th — Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District (Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). November 24th— Sergeant Diehl conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. November 24th— Sergeant Diehl conducted one(1) separate extra patrol of the Sara Sims Park. November 24th— Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park and 1-11%' edio cem ew�� located at 100 E. Ocean Avenue, Boynton Beach, FL. November 24th— The Neighborhood Officer Program spent over three (3) hours at the office at the direction of the Police Administration. November 24th — The Neighborhood Officer Program conducted two (2) extra patrols of the future Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. November 24th — Officer Rivera conducted one (1) separate extra patrol of the Clear Copy at 1304 N. Federal Highway, Boynton Beach, FL. November 24th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE 1st Street, Boynton Beach, FL. November 24th — Officer Paramore picked up % ce (i 2) donated turkeys from the VFW located at 521 NE 21st Avenue, Boynton Beach, FL; to in-turn be distributed in the Heart of Boynton. Later, Mr. Aikens, Heart of Boynton President, took the donated turkeys. 78 November 24th — The Neighborhood Officer Program distributed bread, pastries, and vegetables (that were earlier donated by Ms. Aikens) within the Heart of Boynton/District II — five (5) families provided for. November 24th — The Neighborhood Officer Program conducted two (2) extra patrols of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. November 24th— Sergeant Diehl conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). November 24th — Sergeant Diehl conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. November 24th — Sergeant Diehl conducted one (1)`separate extra patrols of New Disciples Church located at 239 NE lith Avenue, Boynton Beach, FL— our assistance was requested by Pastor Richard Dames; as suspected drug activity is occurring along the west side of the building. November 24th — Sergeant Diehl conducted one (1) separate extra patrol of vacant CRA properties located at 401, 407 and 411 E. Boynton Beach Blvd., Boynton Beach, FL — our attendance was requested by former CRA Executive Director Mike Simon. November 24th — Officer Paramore conducted one (1) extra patrol of Intracoastal Park located at 2240 N. Federal Highway, Boynton Beach, FL. November 24th— Officer Paramore conducted one (1) separate extra patrol of the Ocean Breeze East Apartment in the 100 NE 7th Avenue, Boynton Beach, FL. November 25th— 11SA rasa _z \N as . �� E gc� �:c� E �: € ut:� os,'M��E— OFF l:o€ ay, 79 November 25th — Officer Paramore logged in and monitored the Mobile License Plate Reader, however, this LPR was off-line. November 25th— The Carolyn Sims Center was closed— Thanksgiving Day. November 25th — Officer Rivera spent over four (4) hours at the office at the direction of the Police Administration. November 25th — Officer Rivera conducted one (1) extra patrol of the restaurant/old house located at 480 E. Ocean, Boynton Beach, FL—the business is p r°t a1,, 1,,/IY c1«sec/. November 25th — Officer Rivera conducted one (1) extra patrol of the Boynton Beach Senior Center located at 1021 S. Federal Highway, Boynton Beach, FL. November 25th — Officer Rivera conducted one (1) extra patrol of the Atrium Plaza located at 2755 S. Federal Highway, Boynton Beach, FL. November 25th — Officer Rivera conducted one (1) extra patrol of the WalmartTM located at 3625 S. Federal Highway, Boynton Beach, FL. November 25th — Officer Rivera conducted one (1) extra patrol of the ONE Boynton located at 1351 S. Federal Highway, Boynton Beach, FL. November 25th — Officer Rivera conducted one (1) extra patrol of the Sunshine Square Plaza located at 500 E. Woolbright Road, Boynton Beach, FL. November 25th — Officer Rivera conducted one (1) extra patrol of Riverwalk Plaza located at 1500 S. Federal Highway, Boynton Beach, FL. November 26th— IISA rasa _z \N as . �� E gc� �:c� E �: € ut:� os,'M��E— OFF I:o€ ay, November 27th— IISA rasa _z \N as . �� E gc� �:c� E �: € ut:� os,' c��E— OFF I:o€ ay, November 29th — The Heart of Boynton Community Association Meeting at Carolyn Sims Center was canceled(COVID-19.) 80 November 291h — Sergeant Diehl logged in and monitored the Mobile License Plate Reader and Speed Measurement Trailer #1; however, these LPR's were off-line. November 29th — Officer Rivera spent over four (4) hours at the office at the direction of the Police Administration. November 29th — Sergeant Diehl conducted two (2) separate extra patrols of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. November 29th— Sergeant Diehl conducted one (1) separate extra patrol of the Sara Sims Park. November 29th — Sergeant Diehl conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. November 29th — Sergeant Diehl conducted one (1) separateextra patrol of the vacant CRA lot (across from Bell's Market) or in the 100 block of NE 10th Avenue our attendance was requested by Centennial Management Corporation (CMC). November 29th — Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. November 29th— Sergeant Diehl conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. November 29th — Sergeant Diehl conducted one (1) extra patrols of the new Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. November 29th — Officer Rivera met with Pet SmartTM for donated plush toys. Later, the Neighborhood Officer Program dropped off fort ( t 1 plus a anairrials/toys at thfie Carolyn Sims Center for their up-coming Breakfast w/ Santa e enfit (on 12/11 at the Senior Center.) 81 November 29th — The Neighborhood Officer Program distributed turkeys (that were earlier clonatc l r,Y the V7,41) within the Heart of Boynton/District II — two (2) families provided for; these were items remaining from = = 2 aOod dcer y. November 29th— s �ai—a. D,,,h �c�nplet:�Yd intra// ` t..1c �ours�, r E%.%.rc *,l;' ilttt-e to ;supervise — Liability in Law Enforce tte tt.." November 29th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE lst Street, Boynton Beach, FL. November 29th— Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park and 1-1 ' located at 100 E. Ocean Avenue, Boynton Beach, FL. November 29th — Sergeant Diehl conducted one (1) separate extra patrol of vacant CRA properties located at 401, 407 and 411 E. Boynton Beach Blvd., Boynton Beach, FL — our attendance was requested by former CRA Executive Director Mike Simon. November 29th — Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District (Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). November 30th — Officer Rivera conducted one (1) extra patrol of the WalmartTM located at 3625 S. Federal Highway, Boynton Beach, FL. November 30th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. November 30th— The Neighborhood Officer Program spent over three (3) hours at the office at the direction of the Police Administration. November 30th — Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District (Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). 82 November 301h — Sergeant Diehl conducted one (1) extra patrol of the Property Damage Consultants located at 125 E. Boynton Beach Blvd., Boynton Beach, FL. November 30th — Sergeant Diehl conducted one (1) separate extra patrols of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. November 30th — Sergeant Diehl conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. November 30th — Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. November 30th — Officer Paramore facilitated After-School Activities at the Carolyn Sims Center. November 30th— Sergeant Diehl conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). November 30th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE lst Street, Boynton Beach, FL. November 30th — Sergeant Diehl conducted one (1) separate extra patrol of vacant CRA properties located at 401, 407 and 411 E. Boynton Beach Blvd., Boynton Beach, FL — our attendance was requested by former CRA Executive Director Mike Simon. November 30th — Sergeant Diehl attended a Community Conversation meeting hosted by the IN-CROWDS xx). Another example how the Neighborhood Officer Program is endeavoring on building bridges of cooperation and trust between law enforcement and the community. 83 November 30th — The "Community Engagement Activities — dubbed READ w/ a COP" at Poinciana Elementary School—was canceled— (COVID-19). November 30th— Sergeant Diehl conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. November 30th — The Neighborhood Officer Program conducted two (2) extra patrols of the future Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. November 30th — Officer Paramore conducted one (1) extra patrol of the VFW located at 521 NE 21st Avenue, Boynton Beach, FL. November 30th— Officer Paramore conducted one (1) extra patrol of the business located in the area of 524 NE 22nd Avenue, Boynton Beach, FL. November 30th— Sergeant Diehl conducted one (1) separate extra patrol of the Sara Sims Park. November 30th— Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park and 1,%' e: dior ewnewlocated at 100 E. Ocean Avenue, Boynton Beach, FL. November 30th — Officer Paramore conducted one (1) extra patrol of Intracoastal Park located at 2240 N. Federal Highway, Boynton Beach, FL. November 30th — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Ocean Breeze Apartment Complex in the 100 NE 7th Avenue, Boynton Beach, FL. November 30th— PSA Vasquez \N as �� gc� �:c� E �: € ut:y osi'MiM., November 30th — Sergeant Diehl, Officer Paramore and Officer Rivera attended the SPECIAL Community Redevelopment Agency Board(CRA)Meeting at City Hall/Chambers. 84 December 2021 December 1st—At the request of Police Administration; Sergeant Diehl completed and updated the spreadsheet an overview of the Neighborhood Officer Program for November 2021. This overview included calls for service, community events, educational initiatives, and activities that built trust and legitimacy. December is — PSA Vasau z \N as re ass.. icd f,o h duf,y p osiini�o1-1 December 1st — Sergeant Diehl logged in and monitored the Mobile License Plate Reader, however, this LPR was off-line. December lst — Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District (Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). December lst— Officer Paramore conducted one (1) extra patrol of the VFW located at 521 NE 21st Avenue, Boynton Beach, FL. December 1st — Sergeant Diehl conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. December lst — Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park and 1-1located at 100 E. Ocean Avenue, Boynton Beach, FL. December lst — In collaboration with the Boynton Beach Police Department — Traffic Unit; the Neighborhood Officer Program attended the lilaulg rat MA V Wfxrr-1n-I a bsaicue �e aEsxl. This event is designed as a community outreach program to directly have an impact between Law Enforcement and the community. 85 December lst - Officer Paramore conducted sclective 1al"cEbMc etEa at Poinciana Elementary located at 1203 N. Seacrest Blvd., Boynton Beach, FL - regarding on-going traffic complaints. December lst - Officer Paramore conducted one (1) extra patrols of the future Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. December lst - Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE lst Street, Boynton Beach, FL. December lst- The Neighborhood Officer Program spent over three (3) hours at the office at the direction of the Police Administration. December lst - Sergeant Diehl conducted one (1) separate extra patrol of vacant CRA properties located at 401, 407 and 411 E. Boynton Beach Blvd., Boynton Beach, FL - our attendance was requested by former CRA Executive Director Mike Simon. December lst - Officer Paramore conducted two (2) extra patrols of Intracoastal Park located at 2240 N. Federal Highway, Boynton Beach, FL. December lst - Officer Paramore conducted one (1,) separate extra patrol of the Ocean Breeze East Apartment in the 100 NE 7th Avenue, Boynton Beach, FL. December 2n - Officer Rivera spent over four (4) hours at the office at the direction of the Police Administration. December 2IId— 11SA rcc`�C{�i'-�"z tNas i 'C� P:C` P:-duty osi': ., December 2n - The "Community Engagement Activities - dubbed READ w/ a COP" at Poinciana Elementary School-was canceled- (COVID-19). December 2n - The Neighborhood Officer Program distributed bread, pastries, and vegetables (that were earlier donated by Ms. Aikens) within the Heart of Boynton/District II - two (2) families provided for; these were items remaining from 1-1/i food die l."W e ry. 86 December 2nd — In collaboration with CRA Staff (Roberts and Coppin), Officer Rivera conducted business checks with several businesses in the CRA District. December 3''d— Officer Paramore assisted patrol operations regarding a Shots Fired— located at an Unknown address in Boynton Beach, FL—NO case number provided. December 3''d — The "Community Engagement Activities — dubbed READ w/ a COP" at Poinciana Elementary School—was canceled— (COVID-19). December 3''d— Officer Paramore conducted one (1) extra patrol of the future Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. December 3''d— Officer Paramore conducted one (1) extra patrol of Intracoastal Park located at 2240 N. Federal Highway, Boynton Beach, FL. December 3''d — Officer Paramore conducted one (1) extra patrol of the business located in the area of 524 NE 22 d Avenue,Boynton Beach, FL. December 3''d— Officer Paramore conducted one (1) extra patrol the area of the VFW located at 521 NE 21"Avenue, Boynton Beach, FL-regarding a MYCIVICAPP traffic complaint. December 4th— PS ��s�ucz was r ,tss"�� d o ,;-du1.wr,pos'n'ol,. December 6th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader and Speed Measurement Trailer #1; however, these LPR's were off-line. December 6th — The Neighborhood Officer Program spent over three (3) hours at the office at the direction of the Police Administration. December 6th — Sergeant Diehl conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. December 6th — The Heart of Boynton Community Association Meeting at Carolyn Sims Center was canceled(COVID-19.) 87 December 6th — Officer Rivera participated with the "Police Recruitment Team" regarding the Boynton Beach Police Department's "Aggressive l ecruitinent annpai n" at the Boynton Beach Police Department. December 6th — Sergeant Diehl conducted one (1) separate extra patrol of New Disciples Church located at 239 NE 11th Avenue, Boynton Beach, FL — our assistance was requested by Pastor Richard Dames; as suspected drug activity is occurring along the west side of the building. December 6th — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Sara Sims Park. December 6th— Officer Rivera conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. December 6th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA lot (across from Bell's Market) or in the 100 block ofNE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). December 6th — Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. December 6th — Sergeant Diehl conducted one (1) extra patrols of the new Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. December 6th — Sergeant Diehl conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. December 6th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE 1st Street, Boynton Beach, FL. 88 December 6th — Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park and , located at 100 E. Ocean Avenue, Boynton Beach, FL. December 6th — Officer Rivera conducted one (1) extra patrol of the Property Damage Consultants located at 125 E. Boynton Beach Blvd., Boynton Beach, FL. December 6th — Sergeant Diehl conducted one (1) separate extra patrol of vacant CRA properties located at 401, 407 and 411 E. Boynton Beach Blvd., Boynton Beach, FL — our attendance was requested by former CRA Executive Director Mike Simon. December 6th — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Ocean Breeze Apartment Complex in the 100 NE 7th Avenue, Boynton Beach, FL. December 6th — Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District (Hurricane Alley/Boardwalk Ice Cream/Guava Go/Ocean Food Mart/Pio Pio). December 7th— PSA VaSClUez was Fees sigiied to Eight- ut%posit-ion, December 7th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. December 7th — Officer Rivera spent over three (3) hours at the office at the direction of the Police Administration. December 7th — Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District (Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). December 7th — Sergeant Diehl conducted one (1) extra patrol of the Property Damage Consultants located at 125 E. Boynton Beach Blvd., Boynton Beach, FL. December 7th— Sergeant Diehl attended the City Commission Meeting 'N/i.,x . 89 December 7th — The "Community Engagement Activities — dubbed READ w/ a COP" at Poinciana Elementary School—was canceled— (COVID-19). December 7th — Sergeant Diehl conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. December 7th — Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. December 7th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). December 7th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE lst'Street, Boynton Beach,FL. December 7th — Sergeant Diehl 'conducted one (1) separate extra patrol of vacant CRA properties located at 401, 407 and 411 E. Boynton Beach Blvd., Boynton Beach, FL — our attendance was requested by former CRA Executive Director Mike Simon. December 7th — Sergeant Diehl conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. December 7th — Sergeant Diehl conducted one (1) extra patrol of the future Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. December 7th — Sergeant Diehl conducted one (1) separate extra patrol of the Ocean Breeze Apartment Complex in the 100 NE 7th Avenue, Boynton Beach, FL. December 7th — Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park and F, located at 100 E. Ocean Avenue, Boynton Beach, FL. December 7th - ,"."Wcr 11'a—ran-lo if i-ld d SWAT nr a -I -la l;C`dav t 2f it_ clld. Zn 90 December 7th — The Community Conversation meeting hosted by the IN-CROWD as cai-Icc.ed, December 7th — Officer Rivera conducted one (1) separate extra patrol of First Baptist Church of Boynton Beach— 301 N. Seacrest Blvd., Boynton Beach, FL. December 8t — 11SA Vasquez z \N as ss. � Yc� �:c� �:-dut y os M ., December 8th— Officer Paramore conducted one (1) extra patrol the area of the VFW located at 521 NE 21"Avenue, Boynton Beach, FL—regarding a MYCIVICAPP traffic complaint. December 8th — Officer Paramore logged in and monitored the Mobile License Plate Reader, however, this LPR was off-line. December 8th— Officer Paramore conducted one (1) extra patrol of the private residence located at 706 Shore Drive, Boynton Beach,FL. December 8th — Officer Paramore conducted two (2) extra patrols of the future Dollar GeneralTM located at 100 NE10th Avenue, Boynton Beach, FL. December 8th — Officer Paramore conducted one (1') separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). December 8th— Officer Paramore conducted one (1) extra patrol of Intracoastal Park located at 2240 N. Federal Highway, Boynton Beach, FL. December 8th — Officer Paramore conducted one (1) separate extra patrol of the Ocean Breeze East Apartment in the 100 NE 7th Avenue, Boynton Beach, FL. December 9th — The "Community Engagement Activities — dubbed READ w/ a COP" at Poinciana Elementary School—was canceled— (COVID-19). December 9th — In collaboration with CRA Staff (Roberts and Coppin), Officer Rivera and PSA Vasquez conducted business checks with several businesses in the CRA District. 91 December 9th— The Neighborhood Officer Program distributed bread, pastries, and vegetables (that were earlier donated by Ms. Aikens) within the Heart of Boynton/District II — four 4 families provided for. December 9th — Officer Paramore facilitated the "Feeding South Florida" produce/food distribution located at Ezell Hester. Another example how the Neighborhood Officer Program is endeavoring on building bridges of cooperation and trust between law enforcement and the community. December 9t — lVasquez l ass, C �"d to ght—€ my o niol-E. December 9th — Officer Paramore conducted one (1) extra patrol of the Sunshine Square Plaza located at 500 E. Woolbright Road, Boynton Beach, FL. December 9th — Officer Paramore logged in and monitored the Mobile License Plate Reader, however, this LPR was off-line. December 9th — Officer Paramore conducted two (2) extra patrols of the future Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. December 9th — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Ocean Breeze Apartments in the 100 NE 7th Avenue, Boynton Beach, FL. December 9th— Officer Paramore conducted one (1) extra patrol of Intracoastal Park located at 2240 N. Federal Highway, Boynton Beach, FL. December 10th— PS Vasquez \N as �� Yc� �:c� E �:-duty position, December 10th — Officer Paramore logged in and monitored the Mobile License Plate Reader, however, this LPR was off-line. December 10th — Officer Paramore and PSA Vasquez distributed CRA Job Fair Flyers in the CRA District (ex. First Baptist Church, New Mt. Zion Church, New Disciples, Carolyn Sims Center, Dollar GeneralTM, and St. Mark's Church to name a few.) 92 December 10th — The Neighborhood Officer Program participated in the "Boynton Beach Boat Parade"ade" event hosted by Boynton Beach Community Redevelopment Agency (CRA). Another example how the Neighborhood Officer Program is endeavoring on building bridges of cooperation and trust between law enforcement and the community. December 10th — The "Community Engagement Activities — dubbed READ w/ a COP" at Poinciana Elementary School—was canceled— (COVID-19). December 10th— Officer Paramore conducted one (1) separate extra patrol of the Ocean Breeze Apartments in the 100 NE 7th Avenue, Boynton Beach, FL. December 10th — Officer Paramore conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. December 10th — Officer Paramoreconducted one (1) extra patrol of Intracoastal Park located at 2240 N. Federal Highway,Boynton Beach, FL. December 10th — Officer Paramore conducted one (1) extra patrols of the future Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. December 10th — Officer Paramore facilitated After-School Activities at the Carolyn Sims Center. December 10th — Officer Paramore conducted one (1) extra patrol the area of the VFW located at 521 NE 21"Avenue, Boynton Beach, FL—regarding a MYCIVICAPP traffic complaint. December 10th — Officer Paramore conducted one (1) extra patrol in the area of 524 NE 22nd Avenue/Gateway Blvd., Boynton Beach, FL—regarding a MYCIVICAPP traffic complaint. December 11th— PS Vasquez \N as �� Yc� �:c� E �:-duty osi'Mi ., December 13th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader and Speed Measurement Trailer #1; however, these LPR's were off-line. 93 December 13th — The Heart of Boynton Community Association Meeting at Carolyn Sims Center was canceled(COVID-19.) December 13th — Sergeant Diehl conducted one (1) extra patrol of the area 200 block of NE 3''d Street, Boynton Beach, FL— NI Cl '1CAFF corn hint. December 13th — Sergeant Diehl conducted one (1) separate extra patrols of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. December 13th— Sergeant Diehl conducted one (1) extra patrol of the Sara Sims Park. December 13th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). December 13th — Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach,FL. December 13th — Sergeant Diehl conducted one (1) extra patrols of the new Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. December 13th — Sergeant Diehl conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. December 13th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE lst Street, Boynton Beach, FL. December 13th— Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park and F, located at 100 E. Ocean Avenue, Boynton Beach, FL. December 13th — Sergeant Diehl conducted one (1) separate extra patrol of the Ocean Breeze Apartment Complex in the 100 NE 7th Avenue, Boynton Beach, FL. 94 December 13th — Sergeant Diehl conducted one (1) separate extra patrol of vacant CRA properties located at 401, 407 and 411 E. Boynton Beach Blvd., Boynton Beach, FL — our attendance was requested by former CRA Executive Director Mike Simon. December 13th — Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District (Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). December 14th— PS Vasquez \N as �� Yc� �:c� E �:-duty osi'Mi ., December 14th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. December 14th — Officer Rivera spent over three (3) hours at the office at the direction of the Police Administration. December 14th— The Neighborhood Officer Program conducted two (2) separate extra patrols of the Ocean Breeze Apartment Complex in the 100 NE 7th Avenue, Boynton Beach, FL. December 14th — Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District (Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). December 14th — Sergeant Diehl conducted one (1) separate extra patrols of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. December 14th — Sergeant Diehl and Officer Rivera facilitated il�� t l ss t ott ��c1a 1 ralning for the Park k l tgers" at the Boynton Beach Police Department. Another example how the Neighborhood Officer Program is endeavoring on building bridges of cooperation and trust between law enforcement and the community. 95 December 14th — Sergeant Diehl conducted one (1) extra patrol of the Property Damage Consultants located at 125 E. Boynton Beach Blvd., Boynton Beach, FL. December 14th — Sergeant Diehl conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. December 14th — The Neighborhood Officer Program conducted two (2) extra patrols of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. December 14th — Officer Paramore conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). December 14th — Sergeant Diehl conducted one (1) separate extra patrol of New Disciples Church located at 239 NE 11th Avenue, Boynton Beach, FL— our assistance was requested by Pastor Richard Dames; assuspected drugactivity is occurring along the west side of the building. December 14th — Sergeant Diehl conducted one(1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue,Boynton Beach— our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. December 14th — Officer Paramore conducted one (1) extra patrols of the future Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. December 14th — Sergeant Diehl conducted one (1) separate extra patrols of the Sara Sims Park. December 14th— Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park and F, located at 100 E. Ocean Avenue, Boynton Beach, FL. December 14th— The Community Conversation hosted by the IN-CROWD as cai-Ic e lH e . 96 December 14th— Sergeant Diehl, Officer Paramore and Officer Rivera attended the Community Redevelopment Agency Board (CRA) Meeting at City Hall/Chambers. December 14th — Officer Paramore assisted patrol operations regarding a Traffic Crash — located in the 1600 N. Seacrest Blvd. —NO case number provided. December 14th — Officer Paramore assisted patrol operations regarding a Domestic Dispute — located in the 407 NW 16th Avenue, Boynton Beach, FL—NO case number provided. December 14th — Officer Paramore conducted one (1) extra patrol of Intracoastal Park located at 2240 N. Federal Highway, Boynton Beach, FL. December 14th — The "Community Engagement Activities — dubbed READ w/ a COP" at Poinciana Elementary School—was canceled— (COVID-19). December 14th — Officer Paramore conducted one (1) extra patrol the area of the VFW located at 521 NE 21"Avenue,Boynton Beach, FL—regarding a MYCIVICAPP traffic complaint. December 14th — Sergeant Diehl conducted one (1) extra patrol of the area 200 block of NE 3rd Street, Boynton Beach, FL— MYCI .'ICAPS' complainfit. December 14th — Officer Paramore facilitated After-School Activities at the Carolyn Sims Center. December 15th— 11S Vasquez \N as �� Yc� �:c� E �:-duty osi'Mi ., December 15th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader, however, this LPR was off-line. December 15th — Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District (Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). December 15th — Officer Paramore distributed Ilett oP .STAT `l"try Give-away Flyers in the CRA District (ex. Carolyn Sims Center and Ezell Hester Center to name a few.) 97 December 15th — Officer Paramore conducted one (1) extra patrol/picked up a donated Christmas tree at HomeDepotTM located at 1500 SW 8th Street, Boynton Beach, FL. December 15th — Officer Paramore conducted one (1) extra patrol/picked up flyers of MetroPCSTM located at 1825 S. Federal Highway, Boynton Beach, FL. December 15th — Sergeant Diehl conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. December 15th— Sergeant Diehl conducted one (1) separate extra patrol of the Sara Sims Park. December 15th— Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park and , located at 100 E. Ocean Avenue, Boynton Beach, FL. December 15th — The Neighborhood Officer Program spent over three (3) hours at the office at the direction of the Police Administration. December 15th — The Neighborhood Officer Program conducted two (2) extra patrols of the future Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. December 15th — Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. December 15th — Sergeant Diehl conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. December 15th— Sergeant Diehl conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). December 15th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE lst Street, Boynton Beach, FL. 98 December 15th— Officer Paramore conducted one (1) separate extra patrol of the Ocean Breeze East Apartment in the 100 NE 7th Avenue, Boynton Beach, FL. December 15th — Sergeant Diehl conducted one (1) separate extra patrol of vacant CRA properties located at 401, 407 and 411 E. Boynton Beach Blvd., Boynton Beach, FL — our attendance was requested by former CRA Executive Director Mike Simon. December 15th — Officer Paramore conducted one (1) extra patrol of WalmartTM located at 3625 S. Federal Highway, Boynton Beach, FL. December 16th — The "Community Engagement Activities — dubbed READ w/ a COP" at Poinciana Elementary School—was canceled— (COVID-19). December 16th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader, however, this LPR wash''off-line. December 16th— Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park and I-I'V e: dior ce„uww�� located at 100 E. Ocean Avenue, Boynton Beach, FL. December 16th — Sergeant Diehl conducted one (1) separate extra patrol of the future Cottage District located at 145 NE 4th Avenue, Boynton Beach — our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. December 16th — The Neighborhood Officer Program spent over three (3) hours at the office at the direction of the Police Administration. December 16th — Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. December 16th — The Neighborhood Officer Program facilitated the "Shop with a COP"" at Poinficianfia and Galaxy Elernenfitary Schools. Another example how the Neighborhood Officer Program is endeavoring on building bridges of cooperation and trust between law enforcement and the community. 99 December 16th — The Neighborhood Officer Program conducted two (2) extra patrols of the future Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. December 16th — Sergeant Diehl conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. December 16th— Sergeant Diehl conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). December 16th — Sergeant Diehl conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. December 16th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE 1st Street, Boynton Beach, FL. December 16th — Sergeant Diehl conducted one (1) separate extra patrol of vacant CRA properties located at 401, 407 and 411 E. Boynton Beach Blvd., Boynton Beach, FL — our attendance was requested by former CRA Executive Director Mike Simon. December 16th — Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District (Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). December 16th — Sergeant Diehl conducted one (1) separate extra patrol of the Sara Sims Park located at 209 NW 91h Court, Boynton Beach, FL. December 16th— er eaw Di lei, til"1"cer Par��more ��nd til"1"cer i is er1r Ott �ea�tta� t�r��t�a�ta �ttlt P2P dropped ailf tree to tifie 1ar4, h.,.. Another example how the Neighborhood Officer Program is endeavoring on building bridges of cooperation and trust between law enforcement and the community. 100 December 16th — In collaboration with CRA Staff (Roberts and Coppin), Officer Rivera conductedusitfiess chfiec s witha several businesses in the CRA District. December 16th — Officer Rivera conducted one (1) extra patrol of the WalmartTM located at 3625 S. Federal Highway, Boynton Beach, FL. December 16th — Officer Paramore conducted one (1) extra patrol of Intracoastal Park located at 2240 N. Federal Highway, Boynton Beach, FL. December 16th — Officer Paramore (w/ Nuisance G. Carfaro) conducted one (1) separate extra patrol of the Cherry Hill Mini-Mart in the 1213 NW 4th Street, Boynton Beach, FL. December 16th — Officer Paramore facilitated Summer Camp Activities at the Carolyn Sims Center. December 17th— PSA Vasquez was rass;lgri.ed to fight-duty position. December 18th — The Neighborhood Officer Program dropped off tors, dritf s and staac s to Boynton tronfig/Coalition tai. Clergy at Carolyn Sims Center. Another example how the Neighborhood OfficerProgram is endeavoring on building bridges of cooperation and trust between law enforcement and the community. December 18th— PS Vasquez \N as -cass � Yci �:c� Esq:-duty position, December 20th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader and Speed Measurement Trailer #1; however, these LPR's were off-line. December 20th— The Neighborhood Officer Program spent over three (3) hours at the office at the direction of the Police Administration. December 20th — Sergeant Diehl conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. 101 December 20th — The Heart of Boynton Community Association Meeting at Carolyn Sims Center was canceled(COVID-19.) December 20th — Sergeant Diehl conducted one (1) separate extra patrols of the Sara Sims Park. December 20th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). December 20th — Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. December 20th — Sergeant Diehl conducted one (1) extra patrols of the new Dollar GeneralTM located at 100 NE 10`h Avenue, Boynton Beach, FL. December 20th — Sergeant Diehl conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue,Boynton Beach —our,attendance was requested by former CRA Executive Director Mike Simon and Police Administration. December 20th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE lst Street, Boynton Beach, FL. December 20th— Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park and F, located at 100 E. Ocean Avenue, Boynton Beach, FL. December 20th — Sergeant Diehl conducted one (1) separate extra patrol of vacant CRA properties located at 401, 407 and 411 E. Boynton Beach Blvd., Boynton Beach, FL — our attendance was requested by former CRA Executive Director Mike Simon. December 20th— The Neighborhood Officer Program conducted two (2) separate extra patrols of the Ocean Breeze Apartment Complex in the 100 NE 7th Avenue, Boynton Beach, FL. 102 December 20th — Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District (Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). December 20th— -caiE Dx .ha affeidcnEatEdafos-y Command Counseling cours c at BBPD. December 21st — Officer Rivera conducted one (1) extra patrol of the Property Damage Consultants located at 125 E. Boynton Beach Blvd., Boynton Beach, FL. December 21st — Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. December 21st— PS A VasaEucz \N as rcass (,icd to Iii.ght:-dut ypos:,,'M-. December 21st— The Neighborhood Officer Program spent over three (3) hours at the office at the direction of the Police Administration. December 21st — Sergeant Diehl conducted one (1)' separate extra patrol of the Downtown Business District (Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). December 21st — Sergeant Diehl conducted one (1) extra patrol of the Property Damage Consultants located at 125 E. Boynton Beach Blvd., Boynton Beach, FL. December 21st — Sergeant Diehl conducted one (1) separate extra patrols of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. December 21st — Sergeant Diehl conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. December 21st — Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. December 21st— The City Commission meeting vN as 103 December 21" — The Community Conversation meeting hosted by the IN-CROWD as December 21st— Officer Paramore conducted one(1) extra patrol the area of the VFW located at 521 NE 21"Avenue, Boynton Beach, FL—regarding a MYCIVICAPP traffic complaint. December 21st— Sergeant Diehl conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). December 21st — The Neighborhood Officer Program conducted two (2) extra patrols of the future Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. December 21st— Sergeant Diehl conducted one (1) separate extra patrol of the Sara Sims Park. December 21st — The Neighborhood Officer Program conducted one (1) extra patrol of the Ocean Front Park located at 6415 N. Ocean Blvd., Boynton Beach, FL. December 21st — The "Community Engagement Activities — dubbed READ w/ a COP" at Poinciana Elementary School—was canceled- (COVID-19). December 21st— Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park and 1-11V located at 100 E. Ocean Avenue, Boynton Beach, FL. December 21st— The Neighborhood Officer Program conducted two (2) separate extra patrols of the Ocean Breeze Apartment Complex in the 100 NE 7th Avenue, Boynton Beach, FL. December 21st — 0,. N .:a ai-ld PSA Vasauc{ af Ecicd n-la Edafory Command Counseling coursc at iii PD, December 21st — The Neighborhood tai"1"icer ro rl-ru-t dropped anif rtes to thfie lMwsu `adh.,. Another example how the Neighborhood Officer Program is endeavoring on building bridges of cooperation and trust between law enforcement and the community. 104 December 21" — The Neighborhood Officer Progrl-ru-n, ina collabon-ritiona witha to Joseph School, dropped off toys/gift cla.rds/bicycle to thfie Taylor 1"anafly (at Galaxy Elementary School). Another example how the Neighborhood Officer Program is endeavoring on building bridges of cooperation and trust between law enforcement and the community. December 21st — The Neighborhood Officer Progrl-ru-n dropped off toys to thfie Another example how the Neighborhood Officer Program is endeavoring on building bridges of cooperation and trust between law enforcement and the community. December 21st — The Neighborhood Officer Progrl-ru-n, ina collabon-ritiona witha Per floc Solutions, dropped off toys to tine Vanel 1"anafly. Another example how the Neighborhood Officer Program is endeavoring on building bridges of cooperation and trust between law enforcement and the community. December 21st — Officer Paramore conducted one (1) extra patrol of Intracoastal Park located at 2240 N. Federal Highway,Boynton Beach, FL. ,d wd to liont-duly Dosit".iol-ll December 22 11SA Vasaucz was rcass,'�()� December 22nd _ Sergeant Diehl logged in and monitored the Mobile License Plate Reader, however, this LPR was off-line. December 22nd _ Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District (Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). December 22nd_ Sergeant Diehl conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach — our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. December 22nd_ Sergeant Diehl conducted one (1) separate extra patrol of the Sara Sims Park. 105 December 22nd — Officer Rivera met with Ms. Shirley Aikens, daughter of Willie Aikens or President of the Heart of Boynton Homeowner's Association, in District 11. Ms. Aikens provided perishable food to be distributed to families' in-need in the Heart of Boynton/District II. December 22nd— Sergeant Diehl conducted one (1) extra patrol of the City Hall/Kids Kingdom Park and FIV located at 100 E. Ocean Avenue, Boynton Beach, FL. December 22nd — Officer Rivera spent over four (4) hours at the office at the direction of the Police Administration. December 22nd — The Neighborhood Officer Program conducted three (3) extra patrols of the future Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. December 22nd — Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., BoyntonBeach, FL. December 22nd — Sergeant Diehl conducted one (1) ,separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 101h Avenue - our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. December 22nd— Sergeant Diehl conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). December 22nd — Officer Paramore facilitated After-School Activities at the Carolyn Sims Center. December 22nd — The Neighborhood Officer Program distributed bread, pastries, and vegetables (that were earlier donated by Ms. Aikens) within the Heart of Boynton/District 11 — four (4) families provided for. 106 December 22nd — The Neighborhood Officer Program dropped off toys to thfie Jol'mson Another example how the Neighborhood Officer Program is endeavoring on building bridges of cooperation and trust between law enforcement and the community. December 22nd — The Neighborhood Officer Program in collabon-ritiona witha P dropped off toys to thfie 'Jo rdan Another example how the Neighborhood Officer Program is endeavoring on building bridges of cooperation and trust between law enforcement and the community. December 22nd — The Neighborhood Officer Program dropped off toys to thfie 1-"flsainiia Another example how the Neighborhood Officer Program is endeavoring on building bridges of cooperation and trust between law enforcement and the community. December 22nd — The Neighborhood Officer Program dropped off toys to 1-11arly Centcr. Another example how the Neighborhood Officer Program is endeavoring on building bridges of cooperation ands trust between law enforcement and the community. December 22nd _ Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE lst Street, Boynton Beach, FL. December 22nd _ Sergeant Diehl conducted one (1) separate extra patrol of vacant CRA properties located at 401, 407 and 411 E. Boynton Beach Blvd., Boynton Beach, FL — our attendance was requested by former CRA Executive Director Mike Simon. December 22nd _ Officer Paramore conducted one (1) extra patrol of Intracoastal Park located at 2240 N. Federal Highway, Boynton Beach, FL. December 22nd_ Officer Paramore conducted one (1) separate extra patrol of the Ocean Breeze East Apartment in the 100 NE 7th Avenue, Boynton Beach, FL. 107 December 22nd — Officer Paramore conducted one (1) extra patrol the area of the VFW located at 521 NE 21"Avenue, Boynton Beach, FL—regarding a MYCIVICAPP traffic complaint. December 23''d — The "Community Engagement Activities — dubbed READ w/ a COP" at Poinciana Elementary School—was canceled— (COVID-19). December 23'd— IIS Vasquez \N as �� gc� �:c� E �:-duty osi'Mi ., December 23''d — Sergeant Diehl logged in and monitored the Mobile License Plate Reader, however, this LPR was off-line. December 23''d — Sergeant Diehl conducted one (1) separate extra patrol of the future Cottage District located at 145 NE 4th Avenue, Boynton Beach — our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. December 23''d — Officer Rivera spent over four (4) hours at the officeat the direction of the Police Administration. December 23''d — The Neighborhood Officer Program conducted'two (2) extra patrols of the future Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. December 23''d — The Neighborhood Officer Program conducted two (2) extra patrols of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. December 23''d — Sergeant Diehl conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. December 23''d— Sergeant Diehl conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). December 23''d — Sergeant Diehl conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. 108 December 23''d — The Neighborhood Officer Program dropped off toys to thfie 1)ay Care/1-11arly Learnimu Cewz.,,er. Another example how the Neighborhood Officer Program is endeavoring on building bridges of cooperation and trust between law enforcement and the community. December 23''d _ Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE lst Street, Boynton Beach, FL. December 23''d _ Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District (Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). December 23''d _ Sergeant Diehl conducted one (1) extra patrol of the Sunshine Square Plaza located at 500 E. Woolbright Road, Boynton Beach, FL. December 23''d _ Sergeant Diehl conducted one (1) separate extra patrol of vacant CRA properties located at 401, 407 and 411 E. Boynton Beach Blvd., Boynton Beach, FL — our attendance was requested by former CRA Executive Director Mike Simon. December 23''d — The "Community Engagement Activities — dubbed READ w/ a COP" at Poinciana Elementary School—was canceled— (holiday break). December 23''d — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Ocean Breeze Apartments in the 100 NE 7th Avenue, Boynton Beach, FL. December 23''d_ Sergeant Diehl conducted one (1) separate extra patrol of the Sara Sims Park. December 23''d _ Officer Paramore conducted one (1) extra patrol the area of the VFW located at 521 NE 21"Avenue, Boynton Beach, FL— regarding a MYCIVICAPP traffic complaint. December 23''d_ Officer Paramore conducted two (2) extra patrols of Intracoastal Park located at 2240 N. Federal Highway, Boynton Beach, FL. 109 December 23''d — Officer Paramore assisted patrol operations regarding a Suspect Apprehension—NO location/case number provided. December 23''d — Officer Paramore conducted one (1) extra patrol in the area of 524 NE 22nd Avenue, Boynton Beach, FL—regarding a MYCIVICAPP traffic complaint. December 24th— Vasquez ass d to ght dul y ��s nioi-. December 25th— Vasquez ass d to ght dul y ��s niol-. December 27th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader and Speed Measurement Trailer #1; however, these LPR's were off-line. December 27th— The Carolyn Sims Center was (,Voserl(rf t� ribs rve rl holi i,11, December 27th — The Heart of Boynton Community Association Meeting at Carolyn Sims Center was canceled(city-;observed holiday— Carolyn Sims Center closed.) December 27th — Sergeant Diehl conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 10th Avenue - our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. December 27th— Sergeant Diehl conducted one (1) separate extra patrol of the Sara Sims Park. December 27th — Sergeant Diehl conducted one (1) extra patrol of the Galaxy Park located at 301 NW 4th Avenue, Boynton Beach, FL. December 27th — Sergeant Diehl conducted one (1) separate extra patrol of New Disciples Church located at 239 NE 11th Avenue, Boynton Beach, FL — our assistance was requested by Pastor Richard Dames; as suspected drug activity is occurring along the west side of the building. December 27th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). 110 December 27th — Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. December 27th — Sergeant Diehl conducted one (1) extra patrols of the new Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. December 27th — Sergeant Diehl conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. December 27th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE 1st Street, Boynton Beach, FL. December 27th — Sergeant Diehl conducted two (2) extra patrols of the City Hall/Kids Kingdom Park and EV eTflorceineiia located at 100 E. Ocean Avenue, Boynton Beach, FL. December 27th — Sergeant Diehl conducted one (1) separate extra patrol of vacant CRA properties located at 401, 407 and 411 E. Boynton Beach Blvd., Boynton Beach, FL — our attendance was requested by former CRA Executive Director Mike Simon. December 27th — Sergeant Diehl conducted one (1) separate extra patrol of the Ocean Breeze Apartment Complex in the 100 NE 7th Avenue, Boynton Beach, FL. December 27th — Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District (Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). December 27th — Sergeant Diehl conducted one (1) extra patrol of the Ocean Front Park located at 6415 N. Ocean Blvd., Boynton Beach, FL. December 28th— 1"S Vasquez \N as �� Yc� �:c� E �:-duty osi'Mi ., December 28th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. 111 December 28th _ Sergeant Diehl and Officer Rivera assisted patrol operations for the peaceful Protests at thfie Boynton Beach Police Dep,-rirtrnenfit, December 28th— The Neighborhood Officer Program spent over three (3) hours, at the office at the direction of the Police Administration. December 28th _ Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District (Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). December 28th — The Neighborhood Officer Program conducted two (2) extra patrol of the Property Damage Consultants located at 125 E. Boynton Beach Blvd., Boynton Beach, FL. December 28th _ Sergeant Diehl conducted one (1) separate extra patrols of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. December 28th _ Sergeant Diehl conducted one (1) extra patrol of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. December 28th_ Sergeant Diehl conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). December 28th _ Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE l't Street, Boynton Beach, FL. December 28th _ Officer Rivera participated with the "Police Recruitment Team" regarding the Boynton Beach Police Department's "Aggressive Recruitinent Cainpaign" at the Boynton Beach Police Department. December 28th — The Community Conversation meeting hosted by the IN-CROWD as cancelea� 112 December 28th — The Community Redevelopment Agency (CRA)/City of Boynton Beach Coordination Meeting was cancelet December 28th — Sergeant Diehl conducted one (1) separate extra patrol of vacant CRA properties located at 401, 407 and 411 E. Boynton Beach Blvd., Boynton Beach, FL — our attendance was requested by former CRA Executive Director Mike Simon. December 28th— Sergeant Diehl conducted one (1) separate extra patrol of the Sara Sims Park. December 28th — The "Community Engagement Activities — dubbed READ w/ a COP" at Poinciana Elementary School—was canceled— (holiday break.) December 28th — Sergeant Diehl conducted two (2) extra patrols of the City Hall/Kids Kingdom Park and 1.1" ' e��l Ret,4,iie� located at 100 E. Ocean Avenue, Boynton Beach, FL. December 28th — Sergeant Diehl conducted one (1) separate extra patrol of the Cottage District located at 145 NE 4th Avenue, Boynton Beach— our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. December 28th — Sergeant Diehl conducted one (1) extra patrol of the future Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. December 28th — Sergeant Diehl conducted one (1) separate extra patrol of the Ocean Breeze Apartment Complex in the 100 NE 7th Avenue, Boynton Beach, FL. December 28th — Officer Rivera conducted one (1) separate extra patrols of New Disciples Church located at 239 NE 11th Avenue, Boynton Beach, FL — our assistance was requested by Pastor Richard Dames; as suspected drug activity is occurring along the west side of the building. December 29th— IIS Vasquez \N as �� Yc� �:c� E �:-duty osi'Mi ., December 29th — Officer Rivera spent over four (4) hours at the office at the direction of the Police Administration. 113 December 29th — Officer Rivera participated with the "Police Recruitment Team" regarding the Boynton Beach Police Department's "Aggressive l ecruit ne tt .°ainpai t" at the Boynton Beach Police Department. December 29th — Officer Rivera conducted one (1) extra patrol of the Riverwalk Plaza located at 1500 S. Federal Highway, Boynton Beach, FL. December 30th — Sergeant Diehl conducted one (1) extra patrol of the Property Damage Consultants located at 125 E. Boynton Beach Blvd., Boynton Beach, FL. December 30th — The "Community Engagement Activities — dubbed READ w/ a COP" at Poinciana Elementary School—was canceled— (holiday break). December 30th— PS Vasquez \N as �� Yc� �:c� E �:-duty osi'Mi ., December 30th — Sergeant Diehl logged in and monitored the Mobile License Plate Reader, however, this LPR was off-line. December 30th— The Neighborhood Officer Program conducted two (2) extra patrols of the City Hall/Kids Kingdom Park and EV enli orce-,ateiit located at 100 E. Ocean Avenue, Boynton Beach, FL. December 30th — Sergeant Diehl conducted one (1) separate extra patrol of the future Cottage District located at 145 NE 4th Avenue, Boynton Beach — our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. December 30th — The Neighborhood Officer Program spent over three (3) hours at the office at the direction of the Police Administration. December 30th — The Neighborhood Officer Program conducted two (2) extra patrols of the future Dollar GeneralTM located at 100 NE 10th Avenue, Boynton Beach, FL. December 30th — The Neighborhood Officer Program conducted two (2) extra patrols of the Boynton Beach Marina located at 735 Casa Loma Blvd., Boynton Beach, FL. 114 December 30th — Sergeant Diehl conducted one (1) separate extra patrol of the CDC/Habitat Homes in the 100 block of NW 10th Avenue — our attendance was requested by former CRA Executive Director Mike Simon and Police Administration. December 30th — Officer Rivera conducted one (1) extra patrol of the WalmartTM located at 3625 S. Federal Highway, Boynton Beach, FL. December 30th— Sergeant Diehl conducted one (1) separate extra patrol of the vacant lot (across from Bell's Market) or in the 100 block of NE 10th Avenue — our attendance was requested by Centennial Management Corporation (CMC). December 30th — Sergeant Diehl conducted one (1) separate extra patrols of New Disciples Church located at 239 NE 11th Avenue, Boynton Beach, FL — our assistance was requested by Pastor Richard Dames; as suspected drug activity is occurring; along the west side of the building. December 30th — Sergeant Diehl conducted one (1) separate extra patrol of the vacant CRA property/structure located at 407 NE lst'Street Boynton Beach, FL. December 30th — Officer Rivera conducted one (1) extra patrol of the Riverwalk Plaza located at 1500 S. Federal Highway, Boynton Beach, FL. December 30th — Sergeant Diehl conducted one (1) separate extra patrol of vacant CRA properties located at 401, 407 and 411 E. Boynton Beach Blvd., Boynton Beach, FL — our attendance was requested by former CRA Executive Director Mike Simon. December 30th — The Neighborhood Officer Program conducted three (3) separate extra patrols of the Ocean Breeze Apartments in the 100 NE 7th Avenue, Boynton Beach, FL. December 30th— Sergeant Diehl conducted one (1) separate extra patrol of the Sara Sims Park. December 30th — The Neighborhood Officer Program conducted two (2) extra patrols of Intracoastal Park located at 2240 N. Federal Highway, Boynton Beach, FL. 115 December 30th — The Neighborhood Officer Program facilitated READ/SWEAT w/ a COP Activities at the Carolyn Sims Center. December 30th — Officer Paramore conducted one (1) extra patrol the area of the VFW located at 521 NE 21"Avenue, Boynton Beach, FL—regarding a MYCIVICAPP traffic complaint. December 30th — Officer Paramore conducted one (1) extra patrol in the area of 524 NE 22nd Avenue, Boynton Beach, FL—regarding a MYCIVICAPP traffic complaint. December 30th — Sergeant Diehl conducted one (1) separate extra patrol of the Downtown Business District (Hurricane Alley/Boardwalk Ice Cream/Guaca Go/Ocean Food Mart/Pio Pio). December 30th — Sergeant Diehl overhauled the language for Quarterly CRA Newsletter e.g. Neighborhood Officer Program. 116 SEGWAYTM Log SegwayTM Data as of October 1, 2021 SegwayTM Data as of December 31, 2021 Odometer (meters): 0 miles Odometer (meters): 8.2 miles Enabled Time: 0.0 hours Enabled Time: 9.0 hours Odometer (meters): 0 miles Odometer (meters): 8.1 miles Enabled Time: 0 hours Enabled Time: 9.4 hours 117 Neighborhood Officer Program Photos Oct.S,2021 15 pm-8 pm ,��,�,�,', iV®UL§SPNN4NITY PAA�NEYSNIp� } (1� Barrier Free Park 1t,Al",lN Cyca InunRY 3111 S Oengresk,ove , - � ,it,�,(fzY„�t��!'� National Night Out Flyer (10/5) d National Night Out(10/5) 4 `il ,q z Y • Y� F National Night Out(10/5) 118 f. s t United Boynton Beach Blood Drive (10/8) , <k r, ,r Blood Drive (10/8) S fi t 5 NNI , Blood Drive (10/8) 119 I'sS��sltt it 14 t � 1 5 t Shop w/ a COP at Dick's Sporting (10/8) 4 p i 3 r � s rit�tlis�� 411 1 s I illy I R a. K Shop w/a COP at Dick's (10/8) , E, Shop w/a COP at Dick's (10/8) 120 BOYNTON BEACH POLICE DAY OF HOPE Homeless Outreach Providing Essentials SATURDAY,OCT.4 BOYNTON BEACH MALL 10 A.M.TO Y P.M. NORTHWEST CORNER OF PARKING LOT - NEAR SEARS !r„ Mobile Shower and Laundry Services: Hot meals. rn—:r�r Finaa�a„i Hygiene bags Clothing t os Community resources 0.�- BBC PD � a 'yvir€1 r�i nide. (WNW ,1 { �D t t h {I gp 1 S�i�lf r#� "��4 �4'k#41#T PE-6L,k.tlhNSNsn yt bel t!t tN€ ktn S1irt it 4 rr > w,) t}}t U� UY�1 tki�) } i b 7 i t S a � tiJ Bethesda Early Learning Center—Meet and Greet BBPD (10/13) Pirate Fest & Mermaid Splash Halloween Haunt (10/30 and 10/31) t xitiM Pirate Fest 2021 122 n Pirate Fest 2021 . Gift Cards for Guns (11/20) „ I � � 6 pp �� fi Police— Community Service Presentation for Cub Scout Pack#241 (11/16) 123 MIMERVaNymmm M THANKSGIVING DINNER PROVIDED TO YOU AND YOUR � i FAMILY THANKS 10 GE NLROUS LHINATIONS PROVIDED 93Y OUR COMMUNITY ALONG WITH: r{�j� HenrY u'7'llnsnia C anana.i CY ti'.kacWi.. Paradise Windows.119111 Doors Boyn..9on 1—ch Neig11b—h-10JJ-,r1'rograna SA 11 RM%Y,W%EMBER 13,10-11 MOO a.m.-12:10 p.m. Cm obn Mtn,f;e Etr 225 N15 12'x`Avenue,Rovn[on Beach,.FL r,"i 51{(ii7;z>sfi1{{{7{t{�l�s r ' S n�a 17 1 q r h i � d dU .?1 iA4t „L � r h Thanksgiving Turkey Voucher/Dinner Give-away (11/13) } y a 't f. ,ss Thanksgiving Turkey Voucher/Dinner Give-away (11/13) 124 Narcan Distribution and Community BBQ (11/13) Narcan Distribution and Community BBQ (11/13) I Q p ■ f ;t Narcan Distribution and Community BBQ (11/13) 125 �.,✓{�4 V�yi ts�ta NN)"'P I, t 4'; v i 1�� r "�•0 hT \5 y FMA f}th y u �5r }B 11th 12��5li . n t t g 44 Y 14 t 4r�f� 1 RII I i ELI +rF94 I r� 2021 Shop w/ a COP (11/18) t; f l presented by., ....� i�aorHroN cu Thbn&Ybae Tu Dur Generous Pate,.- Christ ater:Christ Fellowship Church in th exon?the fnaueurf DUI Victim He b—hMmwid--t be held in-persw4. A reHisieredparticipants wiFl be serer da{o the rna vir—i vigil Pk.mote EFxeACPCCOVFP-"g6deiines rmr Rd.Beech County wifJ be fd—d fnr thisin-yersan evenE. Inaugural DUI Victim Remembrance Memorial (12/1) 126 From: Property Damage Consultants Office Sent: Monday, November 29, 2021 4:02 PM To: Diehl, Henry; Subject: Our Thanks to You! Good afternoon All - Stephanie might have already informed however, I wanted to send this note of thanks to you all for your efforts recognized here at PDC. As such, Mr. Drillich will be having lunch catered from Pollo Tropical on Wednesday, 12/1 at noon and I hope you all will be able to take a moment to be there. Happy Holidays to You All! Thank you, and have a great week, Samantha McKenzie Office Administrator I Property Damage Consultants Phone: (561)451-4700 1 Fax (561) 859-0677 Email: offic @) ro ertyd amagecorsuItants.conn 125 E Boynton Beach Blvd, Boynton Beach, FL 33435 About Us I "1ftle Fight For YOU, the Fo icyhol err' Follow Us&'Tell Us How We're Doing: Property Damage Consultants provided lunch (12/1) 127 A I I IM ti�k� '1 z 150 donated plush toys —Pet MartsTM (11/30) REM5' I I ttV I' y t s tj ��1F �IM Wlp .t `r F int � tR ` ,t 3 , i , v S 50 donated plush toys to Carolyn Sims Center — Breakfast w/ Santa (11/30) 128 1 a, i� �>s L Boynton Beach Holiday Boat Parade (12/10) 1` - t OILiR GbN€NAL �� ( ,, �( 9 a M Lis Home DepotTM and Dollar GeneralTM donated Christmas supplies for a NOP family (12/15) On 12/22, donated to the Johnson Family 129 v, s �s n L ' F Y t r t,y r Toy Pick-up Day (12/16)w/NOP assistance s , Toy Pick-up Day (12/16)w/NOP assistance i t } NOP dropping Christmas gifts off(12/16) 130 �k t r .. . ....... ADULTS MUST BE ACCOMPANIED BY CHILD MetroPCS & Heart of Boynton Toy giveaway(12/17) Heart of Boynton Village Job Fair (12/17 & 12/18) gym' 3, , k1 P 7k k �a k Boynton Strong/Coalition of Clergy Toy Give-away 2021 & Officer Paramore snack donation (12/18) 131 i 3 Denesus Family Toy Drop off(12/21) u to t, { g i tt I Shop w/a COP Toy Drop off(12/16) 13 r t tt 1 ,t - IP �l r , S k il tl'tS Taylor Family Toy Drop off(12/21) 132 a<a �U Vanel Family Toy Drop off(12/21) if 4{t t{ �jt` rrrc t� wk I��Si Denaud Family Toy Drop off(12/21) i � r r rst Ik S i —F Filsaima Family Toy Drop off(12/22) 133 uur� A Step Above Early Learning — Toy Drop (12/22) r rj �f 3 4�t\r4'4j'yj; ,�(1� {I�JJJjjj 4} �a , � �� 7�E t r iA r' A Step Above Early Learning— Toy Drop (12/22) IN tt a rs �rj7r u � r r r r t / `i Jordan Family Toy Drop off(12/22) ' 134 t 41t a f f( I } '� 4p7 ti tt j '- }�,2 w Tom e First Impression Early Learning — Toy Drop (12/23) ii mow} iii i� t15'� 4 ,J i p� Johnson Family Toy Drop off Home DepotTM, Dollar GeneralTM & Sergeant Diehl Christmas Tree donations (12/22) 135 APPENDIX A 136 APPENDIX B 137 APPENDIX C 138 � m o mm 1.00 Im 010,010 o 0 16ol61 1 1 ol00 0 0 0 0 0 0 0 0 0 0 E E E E EE E E E E E E EEE E E E E EE E E E E E E E 8a Fl 3 3 E E_ _ E a'�^ a�E _ _ E FF E - - E E ?E E a - o Em' 7 a - E E E m E E - - - EFF V o w o J o 0 0 FF 1 1 66 66 66 66 a 3 3 x w a �.Zo i 6 3 m a J �.a i 0 w o w o w 3 0 = F o w _ o �. a - o -a =- o 0 0 0 0 0 0 a o o x o a i i o 0 0 °paa`" ti.a .J 3 a a �.� w 3 1 0 3 6 =3 =3 x"3 x x 6 x x`" J o "E x x 3 0 - a >a Q a w - z a a o a s o a= z o a z a - 3 a 3 z = z '"o z ° w ? w LL J w w i a' z a'Y Y i a a' a w a'Y i a'A w a— a'a r.z a'a w -—0 w a SS 6 a z do aom a do a aa tiomwa a o� wa 8 8 o8ti o8oN8o w800�o oNmQ ?0 oa 0800 om -3 Vim'" �m'"�3 �3E a a a a a a` a` a a a a a s a s a` a a` a a` a`a a a` a a a a a a a a m x m m x m x x x m o m m m o m 11 1 m 1 m a o o� ? 3 G =1 a a x ax x is '�Gi z ° x z �xxxa z 5 a m a z ° zo ' S�m� w3� �� 020oo x a a a a a x x o a a a a a a a a a a a a a m m m m m m m m m m m m mmmm m m m m m m m m m m m m m m m m m m m m m m m m m m m 8 0$ 8 8 8 8 8 8 8 8 8 8 888888 88 8888 8 8 888 8888 88 8 1 8 881 88 8 } \ } \ \ \\\ \ \\ \ Z< \ \\ \ \\z z \ZZ \ \\\\\ ( ( ( \ \ \ \ \ \ ) \ FY 2022 Category QTY Budget Notes Officer Salary& Incentive(Paramore) 1 95,392 Salary, Education Incentive Officer Benefits-Pension 1 41,568 Pension Officer Benefits 1 17,524'1 Healthcare, Dental,Vision, FICA Officer Salary& Incentive(] Rivera) 1 77,495 Salary, Education Incentive Officer Benefits-Pension 1 32,117Pension Officer Benefits 1 16,155' Healthcare, Dental,Vision, FICA Officer Salary& Incentive 1 59,241' Salary, Education Incentive(AVG) Officer Benefits-Pension 1 28,051 I Pension (AVG) Officer Benefits 1 14,358' Healthcare, Dental,Vision, FICA(AVG) (Civilian)Salary& Incentive Community Service 1 38,763 Salary, Education Incentive(AVG) Officer(Vasquez) (Civilian) Benefits-Pension 1 15,413'' Pension (AVG) (Civilian) Benefits 1 13,192 Healthcare, Dental,Vision, FICA(AVG) Total Personnel Costs $ 449,269 Uniform 4 2,000 ' uniforms,belts Misc. Equipment-As needed 1 2,500 Community Events/Promotions 1 4,000'! Youth Programs Vehicle Prefunding 4 26,678 FY 21 Interceptors Vehicle Maintenance 4 14,000' Fuel, maintenance Segway(Maintenance) 3 1,000 '1 Preventative maintenance Total Equipment Costs 1 1 $ 50,1781 1 Cell Phones Service Plan 4 _2,700 $56.25/mo for staff Office Supplies/Misc Supplies 1 2,000 Office Supplies(incl printer/copier) Office Electric,Cable/Internet,water/sewage 12 ;6,180 ' Monthly operating costs Office Space Monthly Maintenance 12 7,800 ' Monthly Maint. Ocean Palm Plaza Office Cleaning 1 1,500 City Cleaning Crew(Gail) Computer equipment 4 1,000 Misc,Cameras Training 4 4,000 CPTED,STEP academy Total Office Expenses $ 25,180 ILA Amount for FY 21-22 $ 524,627 NOTE:All amounts provided by Police Department with exception of Contingency and ILA amount for FY 2022 BOYNTO mommBEACHCC d CRA BOARD M EETING OF: April 12, 2022 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 C RA'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 CRAwebsite 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 October 1, 2021 219 023 ;CRA Funding for Economic Impact Study ($25,000) Remaining Fund Balance as of 4/5/22: $312,577 ". List of CRA Board approved Economic Development Program Grantees since October 1, 2021: Total Funds Business Business Business Funds Disbursed Name Address Type Grant Approved Year-to- Date Stevo, Inc. d/b/a C K's 301 SE 41h Property Lockshop & Lockshop $2,368 $0 Security Street Improvement Center Advantage Physical Therapy, 906S. Property LLC d/b/a Federal Medical Improvement $40,000 $0 Apex Highway, Office Rent Network Suite B Reimbursement Physical Therapy#39 Alberta and Octavia Bell 130 E. MLK Commercial Property Commercial Jr. Boulevard Plaza Improvement $25,000 $0 Property 425 NE 41h Street Southern 501 N. Golf Cars, Federal Retail and Property $75,000 $0 1 nc. Highway I ndustrial Improvement 507 N. Federal Highway Appliance 622 N. Property King of Federal Retail Improvement $25,000 $6,250 America, Inc. Highway H. Longo 500 1 nsurance Gulfstream Rent Associates, Boulevard, Office Reimbursement $5,784 $2,892 Inc. d/b/a Unit 201 Extension Allstate Premier 326 W. Medical Boynton Medical Rent Center of Beach Office Reimbursement $5,871 $978.50 Boynton Boulevard Extension Beach, LLC Pending Board Approval April 12, 2022 Service First 420 W. Rent Boynton Professional Reimbursement Processing, Beach Office Property $40,000 $0 Inc. Boulevard Improvement There were seven 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 February and March 2022 within the CRA boundaries: Business Name Business Address w Business Tvae Genesis Community Health 709 S. Federal Highway Medical Office On Demand Medical Supply 500 Gulfstream Boulevard, Retail Unit 100 Drew Dawkins CPA, LLC 1200 S. Federal Highway, Public Accountant Unit 301 2755 S. Federal Highway, Snobbish Vixxen, LLC Unit 19 Retail Southern Yankee Guns, 640 E. Ocean Avenue, Unit LLC 14Retail The Rip Stop & More 1017 N. Federal Highway.m.m. m.m.m.m.. Restaurant FISCAL IMPACT: FY2021-2022 Budget, Project Fund, Line Item 02-58400-444, $556,600 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action needed at this time unless otherwise determined by the Board. BOYNTO immiBEACH C d CRA BOARD M EETING OF: April 12, 2022 CRA PROJECTS IN PROGRESS AGENDAITEM: 14.C. SUBJECT: 6th Annual Boynton Beach Blarney Bash Recap SUMMARY: EVENT RECAP On Saturday, March 12, 2022, the Boynton Beach CRA hosted the 6th Annual Boynton Beach Blarney Bash event in the Cultural District. Event details are as follows: • The FREE event started at 4:00 P.M. and ended at 9:00 P.M. • The event took place at the Centennial Park & Amphitheater (120 E. Ocean Avenue) and along portions of East Ocean Avenue and NE 1 st Avenue between Seacrest Boulevard and NE 1 st Street. • The event featured live music from roaming bagpipers, as well as stage performances by The Killbillies, Uproot Hootenanny, and Rogue Theory. • There was also a performance from the students of the Aranmore Academy of Irish Dance. • The food court featured a variety of options, including food from the following three BBCRA area businesses: Cardona's Kitchen, Just Eatz, and Aurora's Mexican Kitchen. • Additional BBCRA area businesses that exhibited at the event, included: ArtSea Living Studio & Boutique, Property Damage Consultants, and Shearology. • In an effort to engage the community and obtain demographic information, event patrons were encouraged to complete a short feedback survey. A total of 146 surveys were collected (110 digital and 36 paper). The results from the digital survey responses (Attachment 1) indicated the following: • Age range of attendees: • 18 -24 - 11% • 25 - 34 - 16% • 35 -44 -31% • 45 - 54 - 13% • 55 - 64 -20% • 65+ -9% • Location: • I live in Boynton Beach— 59% • I live in Palm Beach County—23% • I live in Florida, but outside of Palm Beach County— 7% • I am visiting from out-of-state — 11% • Heard about event via: • Social Media— 53% • Digital Ad — 7% • Newspaper—2% • Poster— 7% • Street Signs — 15% • Word of Mouth— 31% • First Time Attending: • Yes — 68% • No— 32% • All event patrons that completed a survey had the chance to spin the "Wheel of Luck". The prize wheel included Blarney Bash promotional items and gift certificates to the participating BBCRA area businesses. MARKETING RECAP Atlantic Current—A full-page ad was published in the Atlantic Current magazine to promote the event. This publication has a younger demographic, with 70% of their readers being between the ages of 21 and 44, and 42% between the ages of 21 and 34. The Atlantic Current is a bi-monthly publication that is distributed to over 100 locations throughout Palm Beach and Broward county (see Exhibit A). Cost: $800 Coastal Star - A quarter-page ad was published 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 B). Cost: $525 Gateway Gazette -A full-page ad was published in the Gateway Gazette to promote the event. The Gateway Gazette is a publication that shares comprehensive neighborhood news, related to city government, business and real estate, sports, and events (see Exhibit C). Cost: $452 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 D) Cost: $450 Posters - A promotional poster was created and distributed to various locations throughout Boynton Beach, including City of Boynton Beach facilities and local businesses (see Exhibit E). Cost: $62 Social Media - The Boynton Beach CRA social media platforms were utilized to promote a variety of paid and organic social media marketing initiatives (see Exhibit F). Cost: $500 Street Signs - Six (6) custom street signs were designed and installed at various locations throughout Boynton Beach to promote the event (see Exhibit G). Cost: $860 Blog —A blog to promote the various aspects of the event was published to the BBCRNs Boynton Beach Insider blog (see Exhibit H). Cost: $0 FISCAL IMPACT: FY 2021-2022 Budget, Project Fund line Item 02-58500-480 - $35,000 for the event and $3,649 for marketing. CRA P LAN/P ROJ ECT/P ROG RAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Unless otherwise offered by the CRA Board, a motion is not required at this time. ATTACHMENTS: Description D Attachment I -Survey Results D Attachment II - Exhibits A- H Boynton Beach Blarney Bash Q1 Please select your age range ed: _0 ed: 18-24 25-34 35-44 45-54 55-64 1tii�ii�ii�s�3��ri�i 65+ 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES 18-24 11.01% 12 25-34 15.60% 17 35-44 31.19% 34 45-54 12.84% 14 55-64 20.18% 22 65+ 9.17% 10 TOTAL 109 1 /9 Boynton Beach Blarney Bash Q2 Please select which best applies to you A=is'= r ed: 110 Slai D Ded: 0 �11111111nnSS1" VIII Illi Il�lllllllll Iii �lllV �, I live in Boynton Beach �i +t;t I live in Palm Beach County I live in Florida,but... I am visiting from... 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES I live in Boynton Beach 59.09% 65 1 live in Palm Beach County 22.73% 25 1 live in Florida, but outside of Palm Beach County 7.27% 8 1 am visiting from out-of-state 10.91% 12 TOTAL 110 2 /9 Boynton Beach Blarney Bash Q3 What is your zip code? Ansy,jc.,red: 106 Sk'DDed: 4 3 /9 Boynton Beach Blarney Bash Q4 How did you hear about this event? Select all that apply. A=cs°� :�.,�,ed: =.05 Sk'M.:.d. 5 �;?i1'�II�141�II�IyI��yiyiyi�yillilyl�11111rtia»��li��<<�ll�� I!#J��i141��ti��N)1��'Illi IIII�t,, Social Digital Ad Newspaper/Magaz ine Poster/Postcard Street signs ��11� Word of mouth 6 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Social Media 53.33% 56 Digital Ad 6.67% 7 Newspaper/Magazine 1.90% 2 Poster/Postcard 6.67% 7 Street signs 15.24% 16 Word of mouth 31.43% 33 Total Respondents: 105 4/9 Boynton Beach Blarney Bash Q5 How many people are in your party? As'4`+t.red: I 1.0 ki S:SS:ed: 0 ANSWER CHOICES RESPONSES Adults 100.00% 110 Children 68.18% 75 5 /9 Boynton Beach Blarney Bash Q6 Is this your first time attending the Boynton Beach Blarney Bash? ed: _0 ed: i7,""�5�'Illllli Ilii y yy �l 1f i}}tititi51� �� I _"/(f��l.l`IIIIIIIIIIIIIJ�IIII��IIII #`' ,51)2?l<<I Iy{' l��I tiy1411 I;1�'`�`, Yes t No �I 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Yes 67.89% 74 No 32.11% 35 TOTAL 109 6/9 Boynton Beach Blarney Bash Q7 How would you rate your overall experience of the event? A=is'= r ed: 110 Slai D Ded: 0 Good Neutral Somewhat disappointing Extremely disappointing 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Excellent 61.82% 68 Good 33.64% 37 Neutral 4.55% 5 Somewhat disappointing 0.00% 0 Extremely disappointing 0.00% 0 TOTAL 110 7 /9 Boynton Beach Blarney Bash Q8 Which previous BBCRA Events have you attended? Please select all that apply. -?�l�lllllyttitillllllllli I {tl «"SII��Boynton d Beach HauntI�,I�I�I,��IIx\ij�1S f,. Rock the Plaza Rock the Block Boynton Beach Night Market R o c k t h e M a r i n a Boynton Beach INS= Holiday Boat... 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 73.12% 68 Rock the Plaza 25.81% 24 Rock the Block 18.28% 17 Boynton Beach Night Market 15.05% 14 Rock the Marina 8.60% 8 Boynton Beach Holiday Boat Parade 33.33% 31 In Culture Art Walk 15.05% 14 Blarney Bash 39.78% 37 Total Respondents: 93 8/9 Boynton Beach Blarney Bash Q9 To receive more information about upcoming free events & promotions sponsored by the BBCRA enter your email below. ,j�;ed. .7; c 9/9 Exhibit A—Atlantic Current "SAT mum R,i 11 AY Z7 ,*11-11, 2 122' 9 Pm- -- WMAWN I i : 4 °'E k a r n, , s ` tow] Exhibit B - Coastal Star — T;Unj t i x�t f 7 t _y a t `2* Z z �r e ----------------- � J : I T : I Will I, 1111P n x .a f a � r � t Exhibit C - Gateway Gazette SATURDAY 3!,",� 2 12 - 4 9 rm�' Fill r , t i -- ��`�, u e � 1 to � e gg Exhibit D - Neighborhood News k } f A u 'AY l{ 3 * 1 Z- -*LiUZ2 aft - -----------------...... ......... rra, a ---------------------- n` [r r.� nrr r., � rw r • Exhibit E— Posters — 1 Im SATURDAY ANN& Mw 1 Ili F\' �p r si m m m t Exhibit F - Social Media Ad Perforaianco for your post Boymon Reach CRA a 4.859 NOW owr ca*Nar "All"'OPIP" ,n Or 84 'Aamb 11t ir.Dowvlowr Boyrtw-,Beach! Der'Innims oul on YBhe Sq PaWl,,'s 0,4-1 VI ndoom,"P I'm mum,` 0 S dunks an a f-,.miPy-frend N fun. 610 24 36 .12*- 0 2 10 10 MUR URDAY 4-9 PM 192 34 H 119 IE'2—'IVE FEEDB,'C- 2 YI 4,859 276 o-J,ppm, 7 19A bk ih) Lvon: t q 4 Exhibit G —Street Signs u-R11,11, � 4 My r PRESENTED BY FREE BOYNTO ' EAVENT =BE Y REDEVEL CKA Am zi M MIR D,"A,,,Y"- u '' , , , t rt 7 ;J, • W 1' 2' ' \t i C: i i � Exhibit H — Blog , _ -,-- BLARNEY BASH 2022 E LUCKY IN BOYNTON BEACH Y, y, a s .'s j{a,i° i kl-,,.E sc Ls,,oriisi' 'kiar.. ..I ''11,'.w'lk;lli, 11 ,a k"I. ',° a1, I '.'i d , Jim a 1,-,b ori I�'-i r. Yliz° 's3 a Ilr,�, n' i i�r,�lis`li;('i,l, �E, +„Es^[n� ,=ry^i.l � �ai � , 'ts+E�i II,�• mi sl iu;wrt;4 iium,rtiI d9 it fi"]A t 1, 1 711 1,t°n: i �:u�n- inn !E'�s9.r uil,Ea;l7ta .'•�,E,, ,iui. �s c, ( r=t'�s'a.i i ,�r"ttr rt^t .ESI I,G;salal�awx 6ni�i.��Eo ,i�� a fkr�i� (li�� ir; vs.al �. .I, is ir,i6, j r r, I hffps.//bcaynfcanb��chinsid�r.vUcardpr�ss.ccam/2022/0 /10/bl�rn�y-bash-2022-b�-lucky-in- boynton-beach/ BOYNTO immiBEACH C d CRA BOARD M EETING OF: April 12, 2022 CRA PROJECTS IN PROGRESS AGENDAITEM: 14.D. SUBJECT: Rock the Plaza at Ocean Plaza Recap SUMMARY: EVENT RECAP On March 26, 2022, the CRA hosted Rock the Plaza at the Ocean Plaza, located at 640 E. Ocean Avenue. The free event took place from 3:00 p.m. to 6:00 p.m., and provided a spotlight of the businesses operating out of Ocean Plaza. The event featured live music from the band The Holidazed, family-friendly activities, and the following Boynton Beach Bucks promotions: • $5 off any purchase at Bailey's Blendz, Cafe Frankie's, Sushi Jo, OK&M, and Scheurer's Chocolate • $10 off any purchase at Fran's Sew& Sew • $10 off jewelry repairs at Link Custom Jewelry • $15 off any purchase at Angel's Secret • $15 off any service at Alchemy Eco Salon and Penn Nails & Spa In an effort to engage the community and obtain demographic information, event patrons were encouraged to complete a short feedback survey. A total of 95 surveys were collected (74 digital and 21 paper). The results from the digital survey responses (Attachment 1) indicated the following: Are you a Boynton Beach resident? • Yes— 74% • No—26% Heard about event via: • Social Media—42% • Email — 7% • Poster/Street Sign—26% • Newspaper— 1% • Word of Mouth—24% All event patrons that completed a survey had the chance to spin the "BBCRA Wheel of Luck". The prize wheel included BBCRA promotional items and gift certificates to the participating plaza businesses. MARKETING RECAP Coastal Star - A quarter-page ad was published 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 A). Cost: $525 Gateway Gazette -A full-page ad was published in the Gateway Gazette to promote the event. The Gateway Gazette is a community publication that shares comprehensive neighborhood news, related to city government, business and real estate, sports, and events (see Exhibit B). Cost: $452 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 C) Cost: $450 Posters - A promotional poster was created and distributed to various locations throughout Boynton Beach, including City of Boynton Beach facilities and local businesses (see Exhibit D). Cost: $68 Social Media - The Boynton Beach CRA social media platforms were utilized to promote a variety of paid and organic social media marketing initiatives. (see Exhibit E). Cost: $250 Street Signs — Six (6) custom street signs were designed and installed at various locations throughout Boynton Beach to promote the event (see Exhibit F). Cost: $860 Blog -A blog to promote the various aspects of the event was published to the BBCRA's Boynton Beach Insider blog (see Exhibit G). Cost: $0 FISCAL IMPACT: FY 2021 - 2022 Budget, Project Fund, Line Item 02-58500-480 - $12,000 for the event and $2,605 for marketing. CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action is required from the CRA Board at this time. ATTACHMENTS: Description D Attachment I -Survey Results D Attachment II - Exhibits A-G Boynton Beach Bucks - Rock the Plaza - Ocean Plaza Q1 Are you a Boynton Beach resident? ,jc.,,ed ed: un�au'° Illlli iiia It'� llll yyyti�IIIIII';s{ii�� 21ii�iiG{��4��11'11�1I�IJ\11}'{}41�� ,illlll��iiilll�99911�1,��1,�,�, 1r•}�,�,,It�,Itil�Itilllti ��II I �,��II��}��> >� j��tiy� r1��ll��llllyy �,� sl�lii�ll��illllllllllllllllllll r�� ,�I ��Il�li,l� ,3)��!4,��t�,,,,��,, Yes No 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Yes 73.61% 53 No 26.39% 19 TOTAL 72 1 /6 Boynton Beach Bucks - Rock the Plaza - Ocean Plaza Q2 Have you dined at Ocean Plaza before this event? If so, please select all the restaurants that you have previously visited. ,jc.,red: "70 ed: I have never ?'��\\4l1`ti ylyylylylylylllltilll ii'>,i+11� << ,l dined Bailey's Blendz Cafe Frankies Scheurer's Chocolate C K&M Sushi Jo 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES I have never dined at an Ocean Plaza restaurant. 44.29% 31 Bailey's Blendz 12.86% 9 Cafe Frankies 51.43% 36 Scheurer's Chocolate 10.000/0 7 O K&M 14.29% 10 Sushi Jo 22.86% 16 Total Respondents: 70 2 /6 Boynton Beach Bucks - Rock the Plaza - Ocean Plaza Q3 Have you ever visited any other Ocean Plaza business? Please select all that apply. Sk'Wed: 33 Fran's Sew& Sew By Cycle Fly&Flow Fitness Jac ki e's Grooming Spa... Penn Nalls& Spa Lighthouse Vapes Angel's Secret _:- ry Tropical Troy's JMM Services Alchemy Salon Link Custom l?t t11�c11 #11f!!i Jewelry Palm Beach Shooting... Details Design 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 3 /6 Boynton Beach Bucks - Rock the Plaza - Ocean Plaza ANSWER CHOICES RESPONSES Fran's Sew& Sew 19.51% 8 By Cycle 26.83% 11 Fly & Flow Fitness 7.32% 3 Jackie's Grooming Spa& Hotel 4.88% 2 Penn Nails & Spa 36.59% 15 Lighthouse Vapes 29.27% 12 Angel's Secret 29.27% 12 Tropical Troy's 12.20% 5 JMM Services 0.00% 0 Alchemy Salon 2.44% 1 Link Custom Jewelry 7.32% 3 Palm Beach Shooting Organization 12.20% 5 Details Design 7.32% 3 Total Respondents: 41 4/6 Boynton Beach Bucks - Rock the Plaza - Ocean Plaza Q4 How did you hear about the Rock the Plaza event? A=sy;gyred. "74 Sa�::ed. Social IJi'�� I Email Poster/Street Sign Newspaper/Magaz ine USPS Mailed Flyer From a friend/famil... 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Social Media 41.89% 31 Email 6.76% 5 Poster/Street Sign 25.68% 19 Newspaper/Magazine 1.35% 1 USPS Mailed Flyer 0.00% 0 From a friend/family member 24.32% 18 TOTAL 74 5 /6 Boynton Beach Bucks - Rock the Plaza - Ocean Plaza Q5 If you would like to subscribe to the BBCRA email list for future Boynton Beach Bucks deals please enter your email below. Ansi,jred: Sk'DDed:: 6/6 Exhibit A - Coastal Star qL1 D 1 CMTY � YMW CFh 1 T' I. ACHCRATOM Interpreter available upon request.. Contact CoppinM@,bbfl.us r (561)600-9097 Exhibit B - Gateway Gazette .j% Amain ISO L Will 01 ,pl�k kits BOYNTUNBEACHCRA.COM Interpreter available upon request, Contact CoppinM@bbfl.us or 1, ; (561)6,00A097 Exhibit C - Neighborhood News aw Ik Irl mob? IL U O'S"k 94B Moll , A G _ -.. I F. �. i _y r ,a. =BEACHC COMrrUMrr rWswfwn-FAFws Ar EW'.Y Interpreter available upon request.. Contact Copplrr MI. or (561)600-9,097 Exhibit D — Posters ts Asia 94B PRISDITT RA i i L l 1 COMMUNITY 9tNL§MLOPMENI A.GE#+l.0 W BOYNTONBEACHERA.com Interpreter available upon request. Contact open ft.us or (561)616-9057 Exhibit E - Social Media Performance for Yout,post So, ywon Beach CRA „-r 312 Don't nims Rock the PI—a-a at Ocean Pla-za,next Saturo a 5 4 4 0 rt0 0 0 0 0 0 0 R4e�f AFM. 11 Rock the Plaza-Ocean Plaza 0 7 2 6,40 E Ocean kve Ba, ,!,--&s,rj beach FL ;qteramed IfEO,01 FEE-DE51 CK, 0 0 312 14 0 0 L-k t, c"r,mcm Performance For your post Ba� piton Beach CRA 6 0 1,760 5o,mbor.Beach 5t,cks:at P,-6,re P�a-i-Oce-1ll P-,aa tomorrovi 3 0GRA- 21 6 COPhl Z 64R East Ccean.Avenue, S5 5 10 5 G7 2 0 2 -B- each ' , 111 'D 29 i 3 17 0 0 0 0 - Ron I I I,s Ron Ron Gel tuba,.Nk",con—e,%5 ami shares Ime, u—st E,s I ,—,I 1,760 80 T J Exhibit F —Street Signs droll OMNI f MARCH z ' H . PQM OCEAN PLAZA .....'640 E. OCEAN AVE. R m V% NMI rq MAIIL;H Z tilH 6 P Ml OCEAN PLAZA 640 E. OCEAN AVE, BOYNTON BEACHC Ricam Exhibit G — Blog Wnh..,_ - POCK THE PLAZA - OCEAN P LAZA 1� p�pptt u � t Hwk dw Mwa at i A ci Hari«dI s,it ap.hy Anal i c+a=ai 4 IM le,m..kiii, 1`Ia•aA AIMI.mwHId1"MWdRhi AI t9 LM U IWA,AIAgIWnLN ala l'lW v,M It o-L M LW aaans hmmutowd A ,a r3'e.rf WOW hl,il?mumlih m 0 Qrw MA as 4liart,i M „e 3 w d liar "m I'ktri di4rir;im w s 1 O A"W', ', ,uaa •a iwdur,"I w nnM NJ „.°00 W .i-,www K 0MAM<<3.i6o on”d nlid wmmr 11,wt"it a Im me It "hay aaIt i9 IIbhI I;ar Ila 1L, hffps.// caynfcan chinsid r.vUcardpr ss.ccam/2022/03/23/rack-the-121aza-oc an-plaza-2/ BOYNTO immiBEACH C d CRA BOARD M EETING OF: April 12, 2022 CRA PROJECTS IN PROGRESS AGENDAITEM: 14.E. SUBJECT: Social Media& Print Marketing Update SUMMARY: Throughout the month of March, the BBCRA social media platforms were utilized to provide updates about various BBCRA initiatives, including the promotion of the 6th Annual Boynton Beach Blarney Bash and Rock the Plaza at Ocean Plaza events. Several posts were also shared to promote the commercial space availability at the Heart of Boynton Village Apartments and the groundbreaking ceremony that took place at the property. Additionally, as part of the ongoing initiative to promote the goods and services offered by businesses within the BBCRA area, a variety of social media posts were shared to encourage community members and visitors to patronize and support local businesses. The BBCRA also published a variety of print marketing to promote the Boynton Beach Blarney Bash and Rock the Plaza at Ocean Plaza events, as well as the Boynton Harbor Marina. Ads were published in the following publications: The Atlantic Current, The Coastal Star, Coastal Angler, Neighborhood News, and Gateway Gazette. A visitor's guide was created to promote various aspects of the Boynton Harbor Marina, including: the commercial marine activities, marina amenities, transient dockage, and fuel. See Attachment I for examples of the social media and print ads that were published in March and Attachment I I for a full listing of the Facebook posts that were shared. FISCAL IMPACT: FY 2021-2022 Budget, General Fund line Item 01-57400-216 -$310 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action required unless otherwise determined by the CRA Board. ATTACHMENTS: Description D Attachment I - Marketing and Social Media Overview D Attachment II - March Facebook Posts w D CL ZD C3 ce� Z H W Q Q D w J Q U 0 G w c 0 d N, �A' ry W'Md='eso�kk �litr t: F pi y cn W `� F t{F�1`♦)a Std �flp t� u Ls� k1�a M S � 4 R i s R . P ,t cn W J AIM � � V - ,� G ��t.FF4{fit 111 45( F , F 1 c }t s �1N'3SU v Int F4u44� �� I €:i a o a. 1' b a � ry cn 46 -o cn W Z � Y cn Mw �gtt5 W 4F n J U G U) O LUU 4 F � �rcSM 1 W w1 '+ L 0 4 a L s a3 W a O 1 a � - w 6 � 4 "�il d J _ Oa° O x d B :9 F L �' YU C ❑ LL � t�� I� < S ll �4 Yy P 0 1 q �t L V W l) ` W tt �� i W a LU 10 4Q J a U r m 90 . cn � - CD CV m CS ly l v fA ss 76 Sol moi' gQo 0 a 4 4 � a : W w� � 1 i y .w LU 1 LU swung ILI FR Is MOOO Y9, a 0 a J u a N s ^ p4, " a�dj a { IRli"Nk„a ,Y 1. 1 f /V _ UW Ai QVW o t.—<Z W �Zm cNINE CA4 N S Ii w W F c Uo �i LU m V a 4` A's W e �W Yil > wr�i� 4 i9 °' LLA �. z � � W V 0 CL 9 t 1� 1 P4 -6 C, �1 Wo !'� =U x LLJ LL co 04:z aim r � CV , O. 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LL -Ef" , M J } 1 S}fc s 9Y f� t {[ ?Sa r C au "r (j f� r I 0A r rrj a,FY f a. tAl + r a e h- T) Facebook Posts 11-23' 20-2 b"Men NO Envy GO& Q fa7 hwnl, WA senor a now 301 a so,M4 73 Wwpyxy,r Z, 0',25 2C22 q— .0an Dag 1 fill, 84 ru"=2 ww Cove Am W WHOM Esq,:-slaw Mle u I p , Ma�.W Pma Mww� R.".nwa-sum as a 5 4 OF E MUM-- a 0 IS F W"T 7q A MUSIA x"KxTe man- —Za awn Pon 0 ra Mump ram 3- Dow No OF MY"NON AnA 17 ar 0 lot "Omer W Y"r nwg an*me p On P,Ma s r_U _ r ,oma "k"m= gg " e s or ." s� ~;•y, a�r 2'i 'P Eamn Rae HAS 0 SW 4 An p T it r Am- .0 r IV Z 2022 J., 0102022 "a InAwad r cru' o .tom _uEon n race-Toilw_ 200, ;no-1 ,;main � A m =I4G sNoxhionwir S` s- kr SAW—, qViossr 2 war ._as w _"MyN 1 na v 'nor h,, w, a'b .]&R'MK we a4 echo a peg g SPI,x q7i`ss s ,I S, i? own 7 A "G Zoanyon Yyy xi Mw .e s 01n,202 g 02 n IRA ±C`C IW C9A 237 � W. AH.:'m_:., TTsy: ala I s r` B% ' mcuunaw _,.L, I Wh at ZW E i,...W1 BOYNTO immiBEACH C d CRA BOARD M EETING OF: April 12, 2022 CRA PROJECTS IN PROGRESS AGENDAITEM: 14.F. SUBJECT: Social Media Outreach Program 2nd Quarterly Report (January- March 2022) SUMMARY: The following is a list of the Social Media Outreach Program (SMOP) business development activities from January 1, 2022 to March 31, 2022 (see Attachment 1): • 66 Businesses are currently registered in the Social Media Outreach Program (110 have registered since program inception) • 3 New businesses added this quarter • 45 Business contacted this quarter (contacts are done in-person, via phone, and via virtual platforms) Social Media Outreach Program Elements • One-on-one social media assistance with businesses has helped businesses to promote themselves and grow their following or connect employers with local talents (see Attachment I I for examples of assistance for Alchemy, Angel's Secret, Bailey's Blendz, Cafe Frankies, Fran's Sew & Sew, OK&M, Penn Nail Spa, Scheurer's Chocolates, Sushi Jo, WaveMax Laundry. FL Tackle Company, Your CBD Store, and Amar Bakery.) with various social media platforms such as Google, Facebook, and I nstagram. The Boynton Beach Insider Blog is ongoing to aid local businesses and the BBCRA with web search engine optimization (SEO) and to build awareness to the Boynton Beach community about local businesses and CRA projects and programs. From January to March 2022, the BBCRA has published the following (see Attachment 111): • https://boyntonbeachinsider.wordpress.com/2022/02/14/what-you-need-to-know-about-the- monthly-boynton-beach-art-walk/ • https://boyntonbeachinsider.wordpress.com/2022/02/25/dont-miss-rock-the-plaza-this- saturday/ • https://boyntonbeachinsider.wordpress.com/2022/03/10/blarney-bash-2022-be-lucky-in- boynton-beach/ • https://boyntonbeachinsider.wordpress.com/2022/03/23/rock-the-plaza-ocean-plaza-2/ This quarter, the Boynton Beach CRA's Social Media has grown in numbers enabling more outreach for businesses if connection is made with the C RA's platforms. Attachment IV contains examples of the top performing posts and all posting activities during this quarter. The results indicate the effectiveness of using social media as a marketing and promotion tool as there is a steady increase in all platforms in each quarter this fiscal year. • Facebook has grown by approximately 244 followers since last quarter (from 6,894 to 7,138) • Twitter has over 9,000 impressions in the last quarter • I nstag ram has reached over 7,000 users in the last quarter Compared to March 2021, the BBCRA's Facebook has grown by 1,057 followers, and the content has further reach, and more daily engagement than the previous year. This shows quality audience retention over the past year(Attachment V.) Upcoming Activities Include: • Develop new social media strategies to assist local businesses via the BBCRA social media channels • Continue the Bon Appetit Boynton Beach Social Media Campaign • Continue with one-on-one business assistance • Continue updates of the CRA's business listing • Collaborate with the Business Promotions Team for upcoming events in FY 2021-2022 to assist in recruiting businesses, creating the Social Media Kit, and assistance with social media during the event • Coordinate with BBCRA Grants and Project Manager to promote the SMOP Program to prospective grant recipients • Continue in-person business visits to spread awareness to businesses on BBCRA Resources, including upcoming construction activities associated with CRA projects such as MLK Jr. Boulevard Mixed Use, Cottage District Infill Housing, and 115 N. Federal Highway I nfill Mixed Use Redevelopment Projects. FISCAL IMPACT: FY2020-21 Budget, General Fund, Line Item 01-57400-100, $53,524 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action is required unless otherwise determined by the CRA Board. ATTACHMENTS: Description D Attachment I -SMOP Businesses Visited D Attachment 11 -SM OP Assistance D Attachment III - Blog Posts D Attachment IV -Social Media Posts CL O '0 x x x x x x x x x x x x x x x x x x a a a oc u N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N M N N N N N N N N N N N N N N N N N N N N N N . . 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Co �, w 0 m O O C 41 w O O O m m m m C O C O O O - m 22 22 O C s m C C > s m m m O COCOCOCOU S U U U U m O U S O U O CO 'O 'O 'O S O O m 'O f6 f6 f6 f6 m 'O U O O m m C >� C N N - N O = N N N N >, C N m >. >. u u > m m m m m 3 >. >' m N >: m 3 +' a-' +' a) O 3 o Co � O 3 � s s s m = w w m c c s c c c c = c o sao sao to .7C: > = bio bio bio Co Co > > O o CSo O O O O Co = O to c > > C -0 -0 � O N L N C C C C C C C C L N f6 C 41 C +� O O >` >` >` >` >` N >` C C C L >` m O O O O C S w O O O O O O 'a S O O O >- f6 f6 N O O O O N O O O >- L N +' O N m O O CO CO CO CO N 4' m O O O N 'a m O O O U N O M LL t0 U U m m to N U U O w m Lu N Lu O O ca ca ca ca ca ca N w w co m O O Li ca 5 5 5 Q w Z w w w w Z r-IZ w w U C C LLQ C C C c Z Z c w w w Ln .0 w w w Q Ln o Ln t o m o Ln Ln �o 0 0 00 ru r o ru ru � o o � rn N o0 o � o oc Q Lin � LNn m rn o LNn n Ln U m m 76 CSO � c c L 4 CC Vl L L CSO CC) •L L f6 O L � f6 .O f6 N C N p f6 i U O S O U Vf •� N , U L 1 yCL U bio f6 C > O C N C U m O N m 0_ � N � N f6 L C: +, 3 U LO O Co p E a� N L c6 CL m E ,n O 4, O_ p C: cN6 O N O = C C to to E E o >� ca L m O c to nzaj LL w .0 oo +� co o o � s IIann a� O O p � � � o m � � � E > � " o z O_ O s c a-+ m U s N V 4- 4-+ }1 4� L L 3 Cf w (6 s > C 4� coW N yi f6 i C C f6 N 4 f f6 C U S C U Ln o_ U a� L to o to >, >, E — U a� s C c 4� CO Ln voi Lu H H O V) V) H m m m C7 (D 2 m H ii m m O a Coo p LL a 00 Ol O c I N M Ln l0 � 00 Ol O c I N M Ln l0 � 00 m O c-1 N M � Ln l0 00 l0 l0 l0 r- r r- r- r- r 00 00 00 00 00 00 00 00 00 00 m m m m m m Ol Ol 0 a O ar x x x x a ar oC N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O p O ON N N N N N N N N N N N N N O N O O O O O O O O O O O O O O O p N N \ \ \ \ \ \ \ \ \ \ \ \ \ \ N \ N N N N N N N N N N N N N N N U \ \ 00 00 00 00 00 00 00 rI rI rI rI rI rI \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ N N Ol Ol LI'I LI'I LI'I LI'I LI'I LI'I LI'I LI'I LI'I LI'I LI'I LI'I LI'I LI'I r-I r-I r-I r-I r-I r-I r-I r-I r-I c-I c-I c-I c-I c-I N \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ l0 l0 \ \ \ \ \ \ \ \ \ \ \ \ \ \ M \ N N N N N N N N N N N N N N N R M M M M M M M M M M M M M M N J 0 J U M a.+ C O Ln U M > m L LPI M J Ln Ln Ln Ln L Rt Ln LPI LPI LPI LPI LPI Ln M M M M (p LPI Mry)� S M M M M M M Rt Rt Rt Rt M M r U M M M M M M Rt Rt Rt Rt Rt Rt M M M M LPI LPI Ln LPI Rt LPI LPI Ll'I M M LJL M M M M M M M M M M M M M M Ln M M M M M M LPI � S J CO J J J J J J LJL LJL - L 1 Lel M R M Rt Rt R M J L M M U LL � w w w w w LI'I LI'I w M M M � M M (p Ln M M S S S S to M M M M M J M M M M w M LPI a) S M O S S S S S Rt Rt S U U U U M N J J M M M w M M M M S M M L I J M m U Rt C U U > U U M M U m m m m M C J U M w m M M M M M M M a) a) a) a) a••� w w w J J S J J J J u M J M >� p to LL U w w w w w S M O M O a) a) a) a) a) a) m m m m ) LL f6 a) J M O m m m m m m w w m w QJ 7 S S S S O S S S S m w S M U M a•.' J m C C C C S m U U U S U U U U m C LL f6 f6 f6 U f6 m f6 f6 f6 C S - a) >, O O O O O O _r_ O O O O O t CL a) a) a) a) c a) a) a) O O U O w CO w O 4� s a) +� +� +� +� +� U U +� c C C C N CO mmm mlo0 mm mm mm +' m m -N+nz m m m m m> maC) M 4, mC ) m sc U >, m >, >. >. >, >, maC) m>, -smOO -smOO -smOO -smO ar CCC C C C C C >, CU 42 (1) O O O O O O O Q OOOCO >. OOOOOO CON O mOm 4� C+� , C C C C O -0 +C�C C C O O > > > > > C C > C >- >- >- >- >, -O C > O O > > > >O O OC CoO rI 4' C>, C>, > > m mO(6 O >- 4, C CO CO CO O Om m O m C > >� COU U U U U -aM U U U U >� -a > -a > o m m° c° a� ami ami ami ami ami > a`�i m m m m > 41 41Co3 > m > ) i O aa to .L° > °' m > U 3 > 1-'' Q Q o c c c c c = c o 0 0 0 O O O O O w m°+- +- +- +- +-+�m >, cccccaac c>, c>, c>, c> , U+, O >- >- >- >- >- 'O 'O >- O O O OO nn n Uw w U +, U O O O O O aaO a66 Li- C: (D wm (D Z Lu 'E O O m m m m m N Q w w Ln O to Y o0 O O w T (7 w 0 � °� D w w w w w w w Z Z w Z Q N -:1-M M m O -:1- to O to -:1- O Rt N O O OD N ri ri N to a) I, ri O a) M I, LPI cI N LPI N I- w O w M m l0 -:t M N Rt O r-I r-I M O O D c I O r-I O r-I O r-I O M O U Q LPI LPI N ri ri N ri N ri LPI LPI LPI LPI N LPI w 111 111 to M N M N N M LPI N N M m m a-+ � U 7 C: CS C m O an m N J O Q a) L 4� 4 J a � O a _ Ln ca) U 0 C: (L6 •v i co C: >� Q O O U m f6 c 7 0 U— LO >` a) L 0 mN x M s •C: U L N O +.i w' m N LI'I O N m c C .L m U U N w C: 1' m +1 > ° ` v a3i °� a) c CL s = O o2S +� U U 3 a) a) C N L C •CL O L +, CL S f6 O Ln S a) L — C O '} -0 J U M CL N M a) C to s 7 (6 C O +� N +, (6 a) N +, — (6 (: C L _ = C L (6 m •C. N N (O N Y w LLA f6 O J N Ur CL L L = f6 7 m w m > _ N U CL C. O > w }i ato) o c 3 3 a) a) a N c c > a) L nz a) Ln a) CL a) V) c a 3 O a) O O s s CO 2 m > 02$ S O O C M S > U (6 � m a Ln U m z a H Ln - Ln a U � w U w 1 0 1 a 2 2 0 0 > U U Q I=12 -S� U LL m O c-I N M Tt LPI I ,o OD m I O c I N M :I,I LPI l0 I- OD m O c I N M LPI .o I I-I OD Ol O ri m 0 0 0 0 0 0 0 0 0 0 c I c I c I c I c I c I c I c I c I 1--1 N N N N N N N N N N M M r-I r-I r-I r-I r-I r-I r-I c-I r-I r-I r-I c-I r-I r-I r-I r-I r-I r-I r-I r-I r-I c-I r-I r-I c-I ri ri ri ri ri ri ri a O ar x a ar oC N N N N N N N N N 0 N N N N N N N N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O O O O O O co pO O O O O O ON O O N N N N N N N N N N N N N N N N N N N N N N N N p N N N N N N N N \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ N N N N N N N N N \ \ \ \ \ \ \ \ It \ \ \ \ It It � N N N N N N N N N � c-I c-I c-I c-I c-I c-I c-I c-I c-I c-I c-I c-I c-I c-I c-I c-I c-I c-I c-I c-I c-I c-I c-I c-I J 0 J U (0 C O U Ln L N M M Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Lin Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln i Ln Ln M M M M M M M M M M M M M M M M M M M M M M (6 M Ln J M � M Ln at at at at at at at at at � � � � � � M at at � � � � � D � m 'L at m at m m m m m m m m m m M M M M M m M M M M M M M M � s M M M M m m m m m m m m m m M M M M M M M M M M M M M M M U M M M J J J J J J J J J J J J J J J J J J J J J J J M N J W J J M W W W W W W W W W Ln W W W W W W LL W W W W W W W Ln W J m W Ln W W M s s s s s s s s s s s s s M s s s s s s s s s s U U U U U s U U U U U U U u LL u U s M U U U U U U U U U N U U (6at U S M (6 f6 f6 f6 f6 f6 f6 f6 f6 M U f6 f6 f6 f6 f6 U f6 f6 f6 f6 f6 f6 f6 C f6 S ° f6 w M U J 0) 0) 0) 0) 0) 0) 0) w w M 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) 'in c CO M W m m m m m m m m m m m m m m m m m m m m m m m N m0) >, m J m m J C C C C C C C C C C C C O C S C C C C C C C C C W C O O O O O 0 O O O O O O O Ea'' C m m O W U O O O O O O O O O s O . . . 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_ > 'L a L 0 0 0 0 L 7 N f6 L Q �_ -2 O 4- f6 f6 C C a- L N m S -(01) a L N S O O L C 'a N N > > C M J- N � N Ln O }Li O '� >' L1� O O >' 'a N N w > In > O m m O w L w N LL w w m Z w w m w w N Q Z Z Z w w Z w 0 N N w Z N Q O r-I N N r-I r-I — 1, O r-I N N O N 00 N r-I O O to 00 OO T,-1 > I� r-I O to r-I r-I N N O N ri to U Q r-I r-I r-I 00 c-1 M > Ln 00 RtN r-1 r-I RtN i Ln to r m m 4 L J L u 4, U U J +O L m N J 4 LW L N w •C O Q N •� N Q N m C C L O Q L S S U -O C N an (6 CL (6 N > -a C L O > m m w s t o E z ao C C Q C7 > °A M 2 m v ao y z N m m C O O `o N M _ L Q L q0 J N L p_ N 'O N Y 4, 4- O d U m f N C L � U C C 41 Q L L an L N N > >, C an O > 'O m O f6 — >O a N ) O U � m m m Lu H U a H U 2 Q 2 00 H N LL 00 m O ri N I M I :t I Loq l0 1-, 00 m O r-1 N M -:tLn l0 M M 0 0 0 0 0 0 0 0 0 0 r-1 r-1 r-1 r-I r-I r-I r-I r-I r-I N N N N N N N N N N N N N N N N N Attachment II One-on-one Social Media Assistance The BBCRA SMOP Program continued to provide custom branded social media kits to Boynton Beach Art District businesses that participated during the Boynton Beach Art Walk. The goal is to provide businesses with branded graphics, and provide instruction on the different digital marketing platforms to utilize the graphics. The social media kits are designed to help promote the participating businesses, while creating a unified, branded campaign for the BBCRA Events. Post details Per-rormance for your post Boynton Beach CRA p s, m 1,460 :hewk out all the fabulous artists on display,ton,crrv"f at the EC,�rnton Beam ''!:Sea Living Stuck, Vex.gallerT. See more 2 2 0 2 2 0 41 ,. 12 10 19 GATh."E FEEDBACK � t 4. a N J s 6dETJ1@ t v Get more likes,c❑mmnems and shares a when you boast this pc,st;you'll show t tc mc,'e peopda-. 1,4650 52 cre2 nrne y ...,__,nh __e_,nem an,.riot _._, _._ ,__ The participating business is given their personalized social media graphic, a digital copy of the event logo, a digital copy of the event poster, all links to all the BBCRA Event Pages, an event hashtag, along with the option to book a SMOP Appointment for personalized instruction on how to best market themselves leading up to the event date. �m. R7RR(-')1'-,ertS" Reree Boynton Peach Art Walk-Custorn Social MMedla Kat G: C,�snh,,taer,�ede> C.r. heai ,1gln,i n:,h,e b 13,in et i Ir eh, Jill aii.c.r ill:deedehn9i lie-o1, i r it',,f i n e 91._`Jiff sti. rll hadet i e e„wd ,us'i3Om; 141 S eang ShadeTree•JPg Vex.GaIIeiyJ13g Ail SeaLiving•Jp9 Heb by MetalJPg Hex MotoJPg 108 E;.R 123 1413 131 kR as kR 141 kE LicataGallei}'JP9 Ail WalkPo.tei3J13J � k` Ail Walk Posfter313df n a)- IN KB 10 h,lE 2 hdB We are so•excited for the Baynton Beach)Art Walk,this Saturday,January 22nd! Thank you for your participation in this event. The BBCRA wants to make sure we make the most of the event for every participating business.please let us know by responding to this email if you plan on having any special offers during the event. This is your social media marketing kit.Included,you will find': 1 custom brandedimage compatible across all social platforms. a digital copy of the event poster. We want to flood social media with a unified group campaign and we want your business tojoin us! Use the hashtag#Boynton BeachArtDistrict to help advertise your business for the event. Join our Facebook event page at hwtps,t/n ar ).face)uok.rcnn/ +errt 311 535865542222 Make sure and tag the event in your posts using @BoyntonBeachArtWalk Have questions on how to make the most of your social media marketing?Contact Renee at the BBCRA by either replying to this email,or by calling 561-327-6154 andi sign up for the Social Media outreach Program( fps t'%`ua t4r L}ynto bcachc a earn; usiness-dEvelcpment/s tial-niedi ntrt;each-oro rair7-smop)today! For questions regarding the event details,please contact Mercedes Coppin at+opl,,in1y1f bbfl.us or by calling 561-600-9497.. Thank you again for participating with us to make our event even better! The BBCRA SMOP Program has also continued the Boynton Beach Bucks Program allowing businesses the opportunity to run a multifaceted campaign to promote their products. The goal is to instruct businesses on the different digital marketing platforms so they are able to replicate the marketing strategy used in the Boynton Beach Bucks campaign. The Boynton Beach Bucks campaign is designed to attract local residents to patronize BBCRAArea businesses in order to create regular customers for local goods and services. Post detafls P Pl f i-nance for your post Bo ntonBearhC :4 Nm Boynton Beach Buc 5 returns at Rcck.the Pla--c mean Fah-n RoLza this 1 , Saturday at 16 00 N Fedaral Hvrd P i 1 t•1 1��Ip 0 0 4Be it t] a, p ac� � a .... .q 7D, f1 91 12 12 g � tdP`��nil`-"E FEEDBACK,t r � - - 0 r , au Get moFe tikes,comments and shares When you boc=tthis post,you'll shaw t tc mc,-a F"opa. 5a 433 o4 6`cyrmn _ _;_ __ Boynton Beach Bucks has been paired with our Rock the Plaza event series in 2022. Boynton Beach Bucks deals launch in conjunction with the event in order to assist the businesses in attracting the captive audience at the event. The Boynton Beach Bucks deals then continue as a digital promotion after the event. In total, 13 businesses have registered for the Boynton Beach Bucks program this quarter, including, Alchemy, Angel's Secret, Bailey's Blendz, Cafe Frankies, Fran's Sew & Sew, OK&M, Penn Nail Spa, Scheurer's Chocolates, Sushi Jo, WaveMax Laundry. FL Tackle Company, Your CBD Store, and Amar Bakery. Foot details Performance or Your PoSf Boynton Beach CRA .... oNmton Breach Bucks A'F`.ock the Raz -Ooe,,n I'�Z.tomorruo,3;'DO PM- , 15 5 10 2 91 2 �s 3 31 O 5 29 13 17 Un NEGATV,"E FEEDBACK P 1112- 0 0 �V O 0 77 Edi ' Get more likes,comments arra shares 'VVhen y Du boost tnis .est,you'll shorty t to mora paop'a 1, 82 80 • c i _�_`� �ri� r,._ ... The BBCRA SMOP Program also assisted the Boynton Harbor Marina staff in creating an Instagram page to further public awareness on Marina activities and local businesses. You can follow their page at @Boynton harbor marina. Dboynton_harbor_m r na Message I ... 11 posts 103 followej-s 10 following I Boynton Harbor Marina NIa i. Public marina with state of the art fuel facilities,shila store,fishing and diving charters, boat rentals,parasailing,and intracoastal cruising, boyntonharbormarina.cor-n d e.hoyntonbeachcra the ree.nic u „maruscagato IM POSTS r� 1, 1�ti1ttt11 �i�t , r s r rrrrrir s rl r' s a t , t, ff11yy�� illi �� r' i t Attachment II Boynton Beach Insider Blog Posts January 2022 through March 2022 February 19, 2022 What You Need to Know About the Monthly Boynton Beach Art Walk Have you visited the Boynton Beach Industrial Craft District? t t ' ' t14 � t tj a I 1 s 1 ttS 1 S r, Y S �p1;UO . st The Boynton Beach Art District is a vibrate community of creatives located at 410 W. Industrial Avenue, within the heart of the city's industrial complex. Established by sculptor Richard Beau-Lieu in the mid 80's as the Neighborhood Arts District and re- branded by visual artist Rolando Chang Barrero in 2012 as the Boynton Beach Art District (BBAD). The space offers subsidized studio spaces for up and coming artists. i r 9 dry" 11€4 � ,OF ti ,u y� tr�''i a i,a�usar eta`'-'v afi2 r S } `s2 f f � '�aR { Y€� � The BBAD supports the local creative arts community and emerging artists through a variety of projects and activities, including exhibition opportunities with community partners such as: The Box Gallery, Art Palm Beach, the City of Boynton Beach, and a variety of other entities. Check out this promotional video to learn more about the BBAD. rate ,r{ rsr One of the primary initiatives of the BBAD is their monthly Boynton Beach Art Walk, which showcases the district and spotlights local artists and businesses. On January 22, 2022, the Boynton Beach CRA partnered with the BBAD to provide an enhanced version of their monthly Boynton Beach Art Walk event. The lively event featured exhibitions from the studios of Licata Galleries, Hebby Metal, Shadetree Recording Studio, Vex Gallery, Hex Moto, and many more! "11711 T Event patrons were encouraged to explore the BBAD, engage with artists, groove to the sounds of a local DJ, enjoy the invigorating drum and dance routine that was performed by Map Dance Theater, and create their own artistic creation with Artsy Living Studio. SS r 1 lk. G r r r �` r� rF rYi Did you miss the January Boynton Beach Art Walk? Not to worry! The Art Walk typically takes place on the third Saturday of each month, from 6-9 PM. Be sure to stop by the February 1 91h event to support local Boynton Beach artists! If you can't make it to February's event, mark your calendar for March 19th, April 9th, May 21St, or June 18th ft; 1\ tiRr a� For more information about the BBAD, please visit their website at Boynton BeachArtDistrict.com or connect on Facebook or In ra Allr ¢� r t E 1 ��•: S I � ,.0 rti,r �asa�, S 1u1 �srt it tilt ,c- 1r1t1r r'r i" k 4 February 25, 2022 Don't Miss Rock the Plaza this Saturday! Saturday, February 26, 2022 from 3-6PM! This FREE event will feature live music from Alive Beat, family-friendly activities, games, food, and beverages from the businesses located at Ocean Palm Plaza! Enjoy an afternoon with family and friends, while supporting local Boynton Beach businesses. Be sure to stop by the information booth to learn how you can receive Boynton Beach Bucks vouchers (cash incentives) that will be redeemable at the following businesses: • Amar Bakery & Market • Your CBD Store • WaveMAX Laundry • Florida Tackle Company Parking is available on-site at Ocean Palm Plaza. For additional information, visit our Facebook event page i 461 AM ,a t �I ,h st t � ) i1 �tiS14 itiSiS! +isrSt�ss r'��5��tl � c , I if f_ ff =f i Ab k t, s;�t, l tjiil}2};, rt,tti t rrN,itfifisiS}}G4 ,tSfit,t s1 4 ,)4ry111r k4 7-1 {rs til 4 t y , \s ti s zy �tiSll t` -i 4k h, m �l z tl N t�i( s t lift March 10, 2022 Blarney Bash 2022 — Be Lucky in Boynton Beach t ' VA h t 1 + �1,5>��i1g111 y t 7 v v tl !x The weekend is quickly approaching, which means that we are only days away from America's favorite green holiday. Kick-off your St. Paddy's Day fun in Boynton Beach at the 6th Annual Boynton Beach Blarney Bash. The free event, which is presented by the Boynton Beach Community Redevelopment Agency (BBCRA), will take place on Saturday, March 12, 2022, from 4:00 PM to 9:00 PM in Downtown Boynton Beach at the Centennial Park & Amphitheater, located at 120 East Ocean Avenue. The festival is jam-packed with fun activities and happens to be one of the only family- friendly St. Patrick's Day events in the area. There will be a variety of interactive activities for all ages, including: A variety of inflatable games, face painting, axe throwing, mobile game bus, cornhole, Jenga, ring toss, Connect 4, and a selfie station. Be sure to stop-by the Artsy Living Studio tent to check-out their fun kids craft activity. There is plenty of adult fun to be had at the event too! Indulge in a variety of cuisine and libations that will leave your taste buds craving more. There will be a large selection of food including Irish and American favorites, cocktails, and beer. Come dance the night away to live music from The Killbillies, Uproot Hootenanny, and Rogue Theory Band. A special Irish step dance performance from the Aranmore Academy of Irish Dance will inspire you to soar to new heights. F, �sk , ` i t l sfl 111 t s r , Y4 ��sAs s ) }n n s � j r�� s� tt f( alt s5 LUCKY WHEEL Be sure and visit the BBCRA information booth to spin the "Lucky Wheel" for your chance to win gift certificates to local businesses and Blarney Bash promotional swag! The following six local businesses will be exhibiting their products and services at the event. Be sure to stop by their designated tents to #supportlocal during the festivities. Cardona's Kitchen Aurora's exican Kitchen Just Eatz Property Damage Consultants ArtSea Living Studio hearoloy SHAMROCK'S COSTUME CONTEST Dress in your most festive St. Paddy's Day attire to enter our Shamrock Costume Contest. The contest will take place at 7 PM on the amphitheater stage. Winners, who will be determined by audience applause, will win Blarney Bash swag and a $100 Visa gift card for adults and a $50 Visa gift card for kids. Gift cards are courtesy of ropey a a_ e Consultants. �Y i s i`•. 3 SiS9t S iso a - — SELFIE BOOTH CONTEST Take a selfie in our Blarney Bash selfie booth, post your lucky selfie on Facebook and/or Instagram and use the hashtag #BBBlarneyBash22 entering you into the running to win a $25 gift card. The winner will be selected after the event and will be notified through their social media handle. FREE EVENT PARKING ha'v�Vafpl�j C 4 rI aA 40M zk 4,r A",',POA 0") Free event parking will be available at the following locations: • First Baptist Boynton; 301 N. Seacrest Boulevard • The City Hall parking lot; 129 E. Ocean Avenue • The public parking lots located at 115 N. Federal Highway and the surrounding area on NE 1St Avenue and NE 4t" Street • The street parking available along East Ocean Avenue Entertainment Schedule 4:00 PM to 5:30 PM — The Killbillies 5:00 PM to 6:30 PM — Roaming Celtic Bagpiper 5:30 PM — ran ore Aca ey of Irish Dance 5:45 PM to 7:00 PM — Uproot Hootenann 7:00 PM to 7:30 PM — Costume Contest 7:30 PM to 9:00 PM — Rogue Theor It 1 `t ty 1 t u1 t` tJ)t 1 _ ty - �ti� s t AFTER EVENT LOCATIONS Still feeling like you are ready to party after 9:00 PM? Keep the celebrations going by taking a stroll down East Ocean Avenue to one of our local restaurants. Open till 10:00 PM urricane ley Pic, Pic, of i ' Open till 11:00 PM Butcher & The Bar Open till 12:00 AM Two G Open till 2:00 AM Banana Boat The BBCRA encourages community members and visitors to come out and enjoy the event, while supporting the local business community. For additional information about the Boynton Beach Blarney Bash, please visit our Facebook event a_ e. March 23, 2022 Rock the Plaza — Ocean Plaza ,..�'Fjrsi 1 t� r t S��k i s ✓;+� zn��,, t mt t,"'?;e"Tt3� i'sg�,� mr,�R � aigwuil?Ysw� — 1�ilj till t x t Rock the Plaza at Ocean Plaza is this Saturday, March 26th from 3 — 6 PM! What is Rock the Plaza? Rock the Plaza is a FREE event that will be held at Ocean Plaza in Boynton Beach! The event will feature live music from the band The Holidazed, food, libations, family-friendly activities, and a showcase of local Boynton Beach businesses. Event attendees are encouraged to stroll the plaza and visit the restaurants, eateries, retailers, and professional service providers located within the plaza. St i s 1 1t sF D �s 1 ss l�s t! s S t T4 gg 9 , Where is the event located? The event will take place at the Ocean Plaza, located at 640 East Ocean Avenue, just west of the E. Ocean Avenue Bridge and directly across the street from the Boynton Harbor Marina. Where can I park for the event? The event will be set-up in the parking lot of the plaza, so parking will be very limited. We highly recommend the parking lot directly behind the shopping plaza. Will there be vendors at the event? The Boynton Beach CRA (BBCRA) is proud to #SupportLocal. At this event we welcome attendees to dine and shop with one of the fantastic local businesses that operate out of the plaza. IRS \ \ + t 1 s i J fi`, sig t Aa��_�)�S��i�t��iy{jyjjs4 -i}dhl� } i1y1 t s� I� \,�al��V What type of food and beverages will be available at the event? As a part of our mission to #SupportLocal, all the food and beverages will be provided from Ocean Plaza restaurants, including: Bailey's Blendz Cafe Frankie's Scheurer's Hand-Dipped Chocolates Organic Kitchen & Mercantile (OK&M) Sushi Jo Can I bring my pet to the event? Due to the high energy nature of the event, which includes lively music and possible crowds of people, we highly recommend leaving your beloved pets at home. ss s z yni I } s t o '> its II U s ,1151 �`y�� i<sth if �tA\y , 1 1Ii�i+'rrs` sy1s6,A 0,fi101�,� What else can I expect at Rock the Plaza? The BBCRA is excited to have Boynton Beach Bucks offerings at the Rock the Plaza, incentivizing community members to check out the businesses in Ocean Plaza. The following Boynton Beach Bucks offers will be available during the event: $5 OFF Bailey's Blendz $5 OFF Cafe Frankie's $5 OFF Sushi Jo $5 OFF OK&M $5 OFF Scheurer's Hand-Dipped Chocolates $10 OFF Fran's Sew & Sew $10 OFF Link Custom Jewelry— Repairs $15 OFF Angels $15 OFF Alchemy Eco Salon $15 OFF Penn Nail Salon All event goers who take a short survey will be able to spin the "Lucky Wheel" for a chance to win gift cards to the local businesses or BBCRA swag. During the event, By Cycle will be selling $10 raffle tickets for one of their top-of-the-line mountain bikes. Additionally, Link Custom Jewelry will be offering FREE jewelry cleaning. Be sure to visit the information booth during the event to learn more about all of these amazing deals! + x e• r It,r I —_ b Svz �`i'• id v i v, ! c) '?' £ ^r Still have questions about Rock the Plaza? Visit our facebook event page for additional details. Be sure to like and follow @BoyntonBeachCRA on Facebook and Instagram to receive the latest updates about the event and use #RockThePlaza when posting to your favorite socials. Attachment IV BBCRA Social Media Top Business Promotional Posts (1 /1 /22 - 3/31 /22) Posy deiads Performance for YOUr POSt Boynton Beach CRA 1„953 It's 59 Check our Bud s Chicken& Seacocj r-)ea1u1,ffiLji trinsfomiation, For riore inforrriation on the ' CRA can,help transform yiiur 33 25 13 commjeic4 space, plea-se cH(.J,,,here, hftip's tc,,,Yr1cnbeac,,h,,-,ra corR,bus 4 12 3 0 " 167 ....... ........... k 110 127 JJIEG;,T1VE FEE,,BA-,,K Pk 01 rj 0 0 (3et more Hikes,comments and shares ym,b'o'n,VIA POS':,yodfl she M,mc-'e 1,953 226 411 Post det&is Performance for our Post Boynton Beach CRA 1,051 vatto s read,,,for a date nigh!at 1rA'lo Fame Bo-Onmn Beach FL-1 1 AlI u �t 0 , 01 0 "o a j\ 12 01 51 PTEGATl„E fEED84,CK, l i , ry e c � s � r ti((k}jl�1}tP s A �t141\ I �t�f{ - p � �'- i��l Sl� ,l tj'V” '� Get m ore tikes,comments ents and shares 1,051 sot� Y Post detains Performance for your post Boymon Beach CRA - , 238 Out on the baler on the wafer and need to fiH your cooler wilhi Ice` 4 Stop by the So, r zcj rHarbor Mamro ship store and irk up a bag ofr'ry,plon lie todayll 29 9 2 I . 18 13 t i { 82 ` li,� tt p Pd i All m FKEOB�-C i 0 AM, �� !c s. i ti\"t! t!1 ! 1 !r tt L u ��1=C��41{�� t " Get more likes,comments and shares When;yon:boost m s PCs°. Ysell show'l to Mc re People, 1,238 130 .... _ �, e , 'j�� l s{t ff}{ t 1'tit sfss s boyrrtonbeachcra Following boyntonbeachcra=noy brunch,mdtscmg S5 min o as.every Sunday at Marina Cafe Boynton overlooking the Seynton Harbor Maunal. na, o�lancds}al Looks gced tta beautywithinboynton Love Marina Cafe 1:9 s 1hrrstlneroberts857 paurhous3nginsider( -IidJen gem,great value,iced,and � service t i v r r% �r � .vrF a r v A S11 yflr. 2+ h s tjs tjis7ir v �� i r Liked 6� 6aku rklgna'71 oChep-s��s 'y tiffristr,`��jLjrt�G�` ;gri '� -= - boyntonbeachcra Following ... " boyntonbeachcra Cont miss the Boynton 5earh.art Walk this 5 turn t cm W.Industrial Avenue!Chex rnotc -_ Lu.+ntonLea,.h- cI3ui<< _. noynt nl3 acl �`boynunbeachaiaJistlldrshoplocal _a;Pper InClart laaoladaisa Olha Iss �DPatricscheid..,perdernos esse evento , mt ori, Q r ! 7 �Sstl 1, r s � � g, delraybeaehexp Support local! fr,i _ "sill morgansteelshots CNice'ri!_rmph?ritish racer Bonieville7 I r q ,y �6 rr v qtr Biked by adams_lafa and 39 others �t= s Boynton Beach CRA Mar 31 New bus'nesart 1, Beauty Witt-ft'in 'is open in IMarina Village (100 NE 6th Street) They are comm itted to transfortming zraditional rnedicine to achie've human longevity, !n a n,-dote pers1 na,11lized n-iainner ,vrith th e goad toimprove biologic age through epigenjet"Ics and airt'IficilaIl �ntel,'Ilgence. 4 'Io' 11 i t1l"I All i'41 WF A TIN -------------- The BBCRA Facebook has grown by approximately 244 followers between January 2022 and March 2022. To-7al Page Followers: UC= 77-.sl`:-agFc cv,aer- BE W',HMARK 62894 7, 138 The BBCRA Twitter has over 9,000 impressions between January 2022 and March 2022. Your Tweets earned 9.3K impressions over this 91 day period The BBCRA Instagram reached over 7,000 users between January 2022 and March 2022. 1 n s a, °a,m R.e a,,-cI . 7F463. .....,,, 2,0K, 4.` Jar J nE �'8 i l 2 ebb, 5 F 12 5 �e g e r Mal- W- r , BBCRA Social Media Posts (1 /1 /22 - 3/31 /22) The following is a list of all BBCRA social media posts for the 2nd Quarter. The BBCRA social media posts consist of a variety of BBCRA events and projects and programs, original content with information about BBCRA businesses, and shared posts from BBCRA businesses. In general, additional paid boosts or advertisement are used to highlight a special campaign or event in order to reach a broader audience. As a result, these promotions brings a higher number engagement. An alternative to paying for the paid advertisement is to vary the content of the post by using videos, trivia, contests, etc. in addition to the still photos or images. This quarter's social media data indicates: • The highest engagement was on posts related to Rock the Plaza and Blarney Bash economic development events. • Posts on Boynton each Bucks performed the next best to events. • BBCRA development projects continue to perform extremely well without paid advertising. • Boynton Harbor Marina posts also performed exceptionally well this quarter. Date Post Content Type of post Reach Engagement Paid Promotion OV,-:,2022 M m5r 01 -'h 7022' it HEX,MC—TE -.his S L .. he-_ifrl l._ E,Gat . lk. Don't r`, ! ?r -- h rt _ a� �.4 or, t, r�r�_.6il � - 0 '7_077 t r', Eo r=r, a .._rn _ AILI, J, Day _..#.9 s. rel.c 0 21 sD'd you r'oae e.t gj . 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"_J n L. _ Chic.er,L S_a_.__. 1Vi 9 rr 4' ,' f r n vv!uo _ do"v t.._ b`��0 - A e . .,_., `,02,21 Rock he A I-)oss,rPlaizz isWIN, s c e, tr :,_e.jr i 031-7 2iD2_ ng.-Per C:o m a _ ._ens . r _ tea':,_r r .a q s r :gyp ng5derdrore m,. _. ... _tom ®£t Wa.._ .,r 0^ -7:1022 Emp The ti and The 3 n, �t6`^ t��r•"-4 ;�.,:�,. �� '.r f.� ah- s..ri t- 03F-4:'2022 he :JIP Jrs tc 3 n m.6r � 2 = t�: ��:`. IL :c7 Mr., 03 �t 022 �� '1 v.�'b u,':'eJ° [".. •�a, 't'dx"` C?or op So _._a_ m ;, BOYNTO immiBEACH C d CRA BOARD M EETING OF: April 12, 2022 CRA PROJECTS IN PROGRESS AGENDAITEM: 14.G. SUBJECT: MLK Jr. Boulevard Corridor Commercial Redevelopment and Affordable Multi-Family Rental Apartment Project (dba Heart of Boynton Village Apartments) Update SUMMARY: On Friday, March 4, 2022, the Boynton Beach CRA and Centennial Management Corp. celebrated the ground breaking for the construction of the MLK Jr. Boulevard Corridor Commercial Redevelopment and Affordable Multi-Family Rental Apartment Project (see Attachment 1). When completed, the project will provide 124 affordable multi-family rental units as well as 8,250 square feet of leasable commercial space (Attachment I I-IV). Since the ground breaking, the project site has been cleared, concrete footers are being formed and poured, and concrete block is being installed (see Attachment V). The construction timeline estimates the Project will be completed in early 2023. Until completion, a bimonthly project construction update will be provided to the CRA Board. FISCAL IMPACT: Fiscal Year 2021-2022 Budget; Project Fund Line Item 02-58200-406 - Local Government Match Contribution $625,750 and Commercial/Retail Component $2,025,815 (commercial component); TI RFA $1,630,280 and $433,008.45 Second Development Agreement for the Residential Component. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach CRA Community Redevelopment Plan CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board. ATTACHMENTS: Description D Attachment I -Ground Breaking D Attachment II - M LK Jr Blvd Project Site Plan - North D Attachment III - M LK Jr Blvd Project Site Plan -South D Attachment IV - M LK Jr. Blvd. M ixed Use Development Project Renderings D Attachment V -Construction Progress Photos it, y5 aj � �— i ,,,•- � �s1� ,��;� � 1 b�{jY� �r;<�l�{itll{ i j� ( � 4�, �t{1{t{��i}(��"t"y'�{3rs r ,,., s f�}t11f 4)}�)7 { K5 irltt; rr f �-� �t" {- � Y1', .•`� �� s�7� a tt� ��_t `�' 'tl�t t i4+V' � S vy t' f� -t tr� � �j� i ! � y s}�fS�t ��ttlti�r• it ) 'r�� 4 �a tdJ tt 1 ,t � fa y v u;� ,yL� d1: � � � kyr :✓;�� (t! ?,t t {std i, ytt t4 �}� t �' tit 1 � t k �y�J��t�tr�>4t �� t i` t y�✓.�n3¢� t r_ #tr� •�;,�� { i E 4 �h t JJ i! t f k r Q r t t l � Y a_ r 3 y� f 1 F ; (( z �E c t c � t s VHOJ �22 m o U S o a _ YWa z� WN •++............ Z m m u o C a oPIZ a"o m m szli z Z a 81 i o�g 01 1 pw Qj m N pyo owa w - - fifi a o - - P9 o �. 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SUBJECT: Discussion and Consideration of a Third Amendment to the Purchase and Development Agreement between the CRA and South Florida Marine Located at 711 N. Federal Highway SUMMARY: On September 27, 2017, the CRA Board approved a Purchase and Development Agreement between the CRA and South Florida Marine, d/b/a BZ Woods Properties, LLC for the property located at 711 N. Federal Highway and was fully executed on October 26, 2017 (see Attachments 1-11). The property transfer took place at the closing on January 31, 2018. Under the terms of the Purchase and Development Agreement, South Florida Marine was to take ownership of the property and perform extensive renovations to the site and the existing building for the expansion of their existing business located on the adjacent property. As part of the Agreement, the CRA would provide South Florida Marine with reimbursable grant funding up to $25,000 under the Commercial Facade Grant, up to $16,000 under the Commercial Construction Project Incentive Program, and up to $25,000 under the Interior Build-out Program (see Attachment 111). In addition to the physical redevelopment of the property, South Florida Marine had pledged to create new marine industry oriented jobs as part of their expansion. For each of those jobs created, South Florida Marine would be eligible to receive a financial benefit. Under the terms of the Agreement, the CRA obligated $50,800 for new full and part-time jobs created within the twenty-four(24) month period from receipt of their Certificate of Occupancy issued on November 5, 2019. Using the $50,800 as the maximum funding amount, the funding reimbursement amount would be equal to $4,233.33 for each full-time job created (12 total) and the funding reimbursement amount would be equal to $2,116.67 for each new part-time job created (24 total). In 2020, South Florida Marine received a total of $10,000 from the CRA's Small Business Disaster Relief Forgivable Loan Program to mitigate the negative impacts from the COVID-19 pandemic. They also received an additional $7,500 in rent reimbursement as part of the 6-month rent extension awarded by the Board to existing grant recipients to offset some of the negative impacts from the pandemic. On September 11, 2020, and again on October 2, 2020, South Florida Marine owner, Mike Wood, requested the CRA Board's consideration of an Amendment to the terms of the Employee Creation Grant set to expire on November 30, 2021, citing the Covid-19 pandemic as the primary reason they are unable to achieve their new employment goals (see Attachment IV). At the November 10, 2020 meeting, the CRA Board approved a one-year extension from November 2021 to November 2022 to fulfill the terms outlined in the Purchase and Development Agreement. The Second Amendment is provided as Attachment V. On December 10, 2021, and again on December 13, 2021, South Florida Marine owner, Jana Wood requested the CRA Board's consideration to release the funding prior to fulfilling the terms of the agreement by November 2022 due to their staffing and inventory challenges brought on the pandemic and supply chain issues (see Attachment VI). At the January 10, 2022 Board meeting, the Board voted to amend the agreement to allow for 50% employee reimbursement at 30 days of a new position employee being hired and the full 100% per new position employee after 90 days (see Attachment VI 1). The terms discussed at the January Board meeting were incorporated into a Third Amendment and the draft agreement is provided as Attachment VI 11. CRA staff and legal counsel are seeking further clarification on the termination of the Third Amendment. The Second Amendment was set to expire in November 2022 (see Attachment V). The previous CRA Board removed the November 2022 date in their final motion, however, a new termination date was not determined. On April 8, 2022, CRA staff received an email from Jana Wood requesting the termination date be September 30, 2023 (see Attachment IX). CRA staff supports this request and recommends the termination date of September 30, 2023, be incorporated into the final document. FISCAL IMPACT: FY 2017-2018, Project Fund, line item, 02-58400-444, $50,800. CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan, Downtown District and Federal Highway District CRA BOARD OPTIONS: 1. Approve the Third Amendment as presented and include a termination date of September 30, 2023. 2. Other options as determined by the CRA Board. ATTACHMENTS: Description D Attachment I - Fully Executed Purchase & Development Agreement D Attachment II - Location Map D Attachment III - Excerpts from the September 27, 2017 Meeting M inutes D Attachment IV - Emailed Extension Request from S. FL Marine D Attachment V -Second Amendment D Attachment VI - December 2021 Email Extension Request D Attachment VII -January Board Meeting Minutes D Attachment VIII - DRAFT Third Amendment D Attachment IX -April 8, 2022 Request for an Extension PURCHASE AND DEVELOPMENT AGREEMENT This Purchase and Development Agreement (hereinafter °Agreennen1") is made and entered into as of the Effective Date (hereinafter defined'), by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163' Part |O, of the Florida Statutes (hereinafter "SELLER") and BZ WOOD PROPERTIES, LLL, having an address of 725 N. Federal Highway, Boynton Beach, FL 33435' or its affiliated assignee (hereinafter "PUR[HASER"' and together with the SELLER, the ^Partier"). In consideration of TEN DOLLARS AND 00/100 DOLLARS ($10,00) and the mutual covenants and agreements herein set forth, the receipt and sufficiency of which is hereby acknowledged the Parties hereto agree esfollows: l� ERTY SELLER agrees to sell and convey to PURCHASER and PURCHASER agrees to purchaseand acquire from SELLER, on the terms and conditions hereinafter set forth, the real property legally described in Exhibit "A" attached hereto (hereinafter the "Property"), The Parties intend that the purchase and sale and ensuing redevelopment of the Property will be effected in order to reduce and blight and to enable the renovation of the Property located at 711 N Federal Highway, Boynton Beach, FL 33435. The renovation of the Property is for the expansion of an existing business located at 717'725 N. Federal Highway, Boynton Beach, FL (PCN #0843452I3I0000191) The Property will be Used for a new marine dealership, service center and ship to shore store (the "Pro]ect"\ 2� PURCHASE PRICE AND PAYMENT. The Purchase Price for the Property shall be Three Hundred Sixty Five Thousand AND 00/100 DOLLARS ($365,000,00) to be paid in full at Closing, SELLER has complied with Section 16338U' Ronda Statutes, in proceeding with the sale of the Property to PURCHASER. PURCHASER to execute a second mortgage containing the terms and conditions set forth in Paragraph 23 below. I DEPOSIT. PURCHASER shall deposit Seventy Three Thousand and 00/100 DOLLARS, (the "Deposit") within five days of the Effective Date with the SELLER'S escrow agent Lewis, Longman and Walker, P.A. 4, EFFECTIVE DATE, The date of this Agreement (the "Effective Date") shall be the date when the last one of the SELLER and PURCHASER has signed this Agreement, 5. CLOSING, The PURCHASER'S obligation toclose onthe purchase ofthe Property is contingent on obtaining site plan approval frorn SELLER for the use described above. SELLER shall cooperate with PURCHASER in expediting site plan approval so that PURCHASER shall be able to meet the Development Timeline set forth in Paragraph 20 and the Closing Date (hereinafter defined). 6. CLOSING DATE, The Closing shall take place on or before October 31, 2017, at such location towhich the parties may mutually agree in vvritinp PURCHASE AND DEVELOPK4ENTAGREEW1ENT Page Zof28 7, TITLE TO BE CONVEYED, At Closing, SELLER shall convey to PURCHASER, by Special Warranty Deed complying with the requirements of the Tide Commitment (hereinafter definedl, valid, good, marketable and insurable title in fee simple to the Property, free and clear ofany and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the h)UUvving (collectively, the "Perrnitte(Jl Exceptions"): (a' general real estate taxes and special assessments for the year of Closing and subsequont years not yet due and payable; (b) covenants, conditions, easements, dedications, rights-of-way and matters of record included on the Title Commitment o/ shown on the Survey (clehned in Section 103 to which PURCHASER fails to object, or which PURCHASER agrees to accept. 8, INVESTIGATION OF THE PROPERTY For a period of thirty (30) days from Effective Datefthe "Feasibility Period") PURCHASER and PURCHASER'S agents, employees, designees, Contractors, surveyors, engineers, architects, attorneys and other consultants (collectively, "Agents") shall have the right, at PURCHASER'S expense, to make inquiries of, and meet with members of Governmental Authorities regarding the Property and to enter upon the Property, at any time and from time to time with reasonab1e notice to SELLER to perform any and all physical tests, inspections, and investigations of the Property, including but not limited to, Phase I and Phase || environmental investigations, which PURCHASER may deem necessary. During the Feasibility Period,, PURCHASER may elect, in PURCHASER'S sole and absolute discretion, to terminate this Agreement for any or no reason at all. If PURCHASER elects to terminate this Agreement in accordance with this Section, PURCHASER shall-, U\ leave the Property in substantially the condition existing on the Effective Date., (ii.) 5hoU repair and restore any damage caused to the Property by PURCHASER'S testing and investigation,- and (iii) release to SELLER, at no cost, all reports and other work generated as a result of the PURCHASER'S testing and investigation PURCHASER hereby agrees to indemnify and hold SELLER harmless from and against all claims, losses, expenses, dennands and liabilities, including, but not limited to, reasonable attorney's fees, for nonpayment for services rendered to PURCHASER (including, without limitation, any construction liens resulting therefrom) or for damage to persons or property arising out of PURCHASER'S investigation of the Property, PURCHASER'S obligations tinder this Section shall survive the termination, expiration or Closing ofthis Agreement. 8.1Seller's SELLER shall deliver to PURCHASER the following documents and instruments within five (5) days ofthe Effective Date ofthis Agreement: any existing tide policies, appraisals, copies of any reports or studies (including environmental, engineering, surveys, soil borings and other physical reports) in SELLER'S possession or control with respect to the physical condition of the Property' copies of all permits, authorizations and approvals issued by Governmental Authorities for the Property and any correspondence which discloses claims, allegations or adverse information regarding the Property or SELLER with respect tothe Property. Seller agrees tocooperate with PURCHASER in obtaining reliance letters or certifications in its favor from all providers of previously issued reports and surveys provided SELLER shall not be responsible for any costs associated therewith. PURCHASE AND DEVELOPMENT AGREEMENT Page 3of18 8,2 Title Review. Within thirty (30) days of the Effective Date, SELLER's counsel, as closing agent for the transaction contemplated herein (the "Closing Agent") shall obtain, at the SELLER's expense, fronn a Title Company chosen by SELLER (hereinafter "Title Company") a Title Commitment covering the Property and proposing to insure PURCHASER in the amount of the Purchase Price subject only to the Permitted Exceptions, together with complete and legible copies of all instruments identified as conditions or exceptions in Schedule 8of the Title Commitment. PURCHASER shall examine the -Title Commitment and deliver written notice to SELLER no later than twenty (20) days after receipt of the Title Commitment notifying SELLER of any objections PURCHASER has to the condition of title (hereinafter "PURCHASER'S Title Objections"), If PURCHASER fails to deliver PURCHASER'S Title Objections to SELLER within the aforesaid review period' title shall be deemed accepted subject to the conditions set forth in the Title Commitment If PURCHASER dnne|y delivers the PURCHASER'S Title Objections, then SELLER shall have thirty (30) days toCure and remove the PURCHASER'S Title Objections (hereinafter "Cure Period'') In the event that SELLER is unable to cure and remove, or cause to be cured and removed, the PURCHASER 'S Title Objections within the Cure Period to the satisfaction of PURCHASER, then PURCHASER, in PURCHASER 'S sole and absolute discretion, shall have the option of h\ extending the Cure Period and the Closing for one additional thirty (30) day period at no cost to PURCHASER, or (ii) accepting the Tide to the Property as of the time of Closing or (iii) canceling and terminating this Agreement, in which case, any Deposits shall be returned to PURCHASER upon demand and the Parties shall have no further obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. Prior to the Closing, PURCHASER shall.have the right to cause the Tide Company to issue an updated Title Commitment ("Title Update") covering the Property. If any Title Update contains any conditions which did not appear in the Tide Commitment that are unacceptable to PURCHASER, PURCHASER shall have the right to object to such new or different conditions in writing prior to Closing, All rights and objections of the Parties with respect to objections arising from the Tide Update shall be the same as objections to items appearing in the Title Commitment, subject to the provisions of this Section, 83 Survey Review. PURCHASER, at PURCHASER'S expense' may obtain a current boundary survey (the "Survey") ofthe Property, |f the Survey discloses encroachments on the Property or that improvements located thereon encroach on setback lines, easements, lands of others or violate any restrictions or covenants of this Agreement, or applicable governmental regulations, the same shall constitute atitle defect and shall be governed bythe provisions nfSec1ionlQ.2concerning title objections, 9. CONDITIONS TO CLOSING. PURCHASER shall not beobligated toclose onthe purchase of the Property unless each of the following conditions (collectively, the "Conditions tVUosinQ") are either fulfilled orwaived byPURCHASER inwriting � PURCHASE AND DEVELOPMENT AGREEMENT Page 4ot18 9,1 Representations and Warranties. All of the representations and warranties of SELLER contained in this Agreement shall be true and correct as of Closing. 92 PenclinE Proceedings and Alley Abandonment, At Closing, there shall be no litigation or administrative agency o/ other governmental proceeding of any kind whatsoever involving the Property or the SELLER' pending or threatened, which has riot been disclosed, prior to Closing, and accepted by PURCHASER tandin� the foregoing, PURCHASERachnovv|edg,-.�S that.: SEI isa{dve|ys�ek|n� 10 abandOn the aUeyvVaya�iGC�n1to 6th Avenue. SELLER shaU provide sketch and |ejc.,a| of the ab�ndOnrnent �o PURCHASER priorto closing, Up8n cornp|ednn ofthe abandonrnen�. the abandoned aU-yvvay shall beconveyed toPUR[HASERfor n000nsideration 93 Compliance with Laws and Regulations, The Property shall be in compliance with all applicable federal, state and local laws, ordinances, rules, regulations, codes, requirements, licenses, permits and authorizations asofthe date ofClosing. 9.4 Construction Permit Approval. The SELLER will cooperate with the PURCHASER with regard to signing and processing any applications and forms required by the City or other authorities having jurisdiction over the PROPERTY to obtain building permit approval and such other design and construction documents as may be reasonably required by PURCHASER to permit the Project to be constructed and operated. The PURCHASER will be responsible for all costs associated with the the Project's design and construction as well any and all applicable permit fees associated with the Project. l& CLOSING DOCUMENTS. The SELLER shall prepare, orcause to be prepared and delivered to PURCHASER at least three (3) business days prior to Closing, the Closing Documents set forth in this Section, as well as documents prepared bythe Title Company. At Closing, SELLER shall execute and deliver.. or cause to be executed and delivered to PURCHASER the following documents and instruments: I0.1 SELLER shall furnish a Special Warranty Deed /the "Deed") conveying to PURCHASER valid, good, marketable and insurable fee simple title to the Property free and dear of all liens, encumbrances and other conditions of title other than the Permitted Exceptions' together with such resolutions or other applicable authorizing documents evidencing approval of the transaction by the SELLER's governing body or the Closing Agent and the title Company may require. 102 SELLER shall furnish to PURCHASER an owner's affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against the Property under the applicable construction hen |avv' that the SELLER will not record or enter into documents affecting the Property after the last effective date on the Title Commitment, and that there are no parties in possession of the Property other than SELLER. PURCHASE AND DEVELOPMENT AGREEMENT Page 5ot18 SELLER shall also furnish to PURCHASER a non-foreign affidavit with respect tothe Property. In the event SELLER is unable to deliver its affidavits referenced above, the same shall be deemed an uncured Title Objection. 10.3 Closing Statement. Aclosing statement setting forth the Purchase Price, all credits, adjustments and prorationsbetvveen PURCHASER and SELLER' all costs and expenses tobepaid atClosing, and the net proceeds due SELLER, which SELLER shall also execute and deliver at Closing. 10.4 Corrective Documents. Documentation required to clear title to the Property of all liens, encumbrances and exceptions' if any,, other than Permitted Exceptions. 10.5 Additional Documents, Such other documents as SELLER or the Title Company may reasonably request and any other documents required by this Agreement or, reasonably necessary in order to close this transaction and effectuate the terms of this Agreement. ll. . 11,1 Prorations. Taxes for the Property shall be prorated through the day before Closing. Cash at Closing shall be increased or decreased as may be required by proratinnstobemade through the day prior toClosing. Taxes shall beprorated based upon the current year's tax with due allowance made for rnaxinnurn allowable discount. |fClosing occurs ata date when the current year's rniUaOe is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's nniUagc, |fcurrent year's assessment is not available, then taxes will be prorated on prior year's tax A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of the tax bill which discloses an actual difference in the amount of the taxes estimated at Closing that exceeds $500.00 11,2 Closing Costs, SELLER shall pay for documentary stamps on the deed, recording the deed, any cost associated with curing title and acquiring the Owner's Tide Insurance Policy. Purchaser shall pay all other closing expenses including expenses associated with any Mortgagee Title Insurance Policy, Each party shall be responsible for their respective attorneys' fees. 113 Closing Procedure. PURCHASER shall fund the Purchase Price subject to the credits, offsets and prorotinnsset forth herein. SELLER and PURCHASER (as applicable) shall execute and deliver tothe Closing Agent the Closing Documents, The Closing Agent shall, at Closing: (i) disburse the sale proceeds to SELLER" (ii) deliver the Closing Documents and a "nnarked-op" Title Commitment to PURCHASER, and promptly thereafter, record the Deed and other recordable Closing Documents inthe appropriate public records PURCHASE AND DEVELOPMENT AGREEMENT Page 6of1Q 11.4 Existing Mortgages and Other Liens, At Closing, SELLER shall obtain, or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments applicable toand encumbering the Property, 12. REPRESENTATIONS, COVENANTS AND WARRANTIES. SELLER hereby represents, covenants and warrants to PURCHASER, as of the Effective Date and as of the Closing Date, as follows: 1I1 Authority, The execution and delivery ofthis Agreement bySELLER and the consummation by SELLER of the transaction contemplated by this Agreement are within SELLER'S capacity and all requisite action has been taken to make this Agreement valid and binding on SELLER in accordance with its terms The person executing this Agreement on behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this Agreement represents avalid and binding obligation ofSELLER 12.2 Title, SELLER isand will beonthe Closing Date, the owner ofvalid, good, marketable and insurable fee simple title to the Property' free and clear of all liens, encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances ofrecord which will bedischarged a1C|odng) 123 Litigation, Otherithan ay othemvise set forth in thisreernent, there are no actions, suits, proceedings or investigations pending or threatened against Seller or the Property affecting any portion ofthe Property, including but not limited tocondemnation actions. 12�4 Parties in Possession. There are no parties other than SELLER in possession or with a right to possession of any portion of the Property, 125 Acts Affecting Property. Frorn and after the Effective Date, SELLER will refrain from (a) performing any grading, excavation, construction, or making any other change or improvement upon or about the Property; (b) creating or incurring, or suffering to exist, any mortgage, lien, pledge, orother encumbrances in any way affecting the Property other than the Permitted Exceptions (including the mortgages, liens, pledges, and other encumbrances existing on the Effective Date) and (c) committing any waste or nuisance upon the Property 11 DEFAULT PRIOR TO CLOSING, 13,1 . In the event that this transaction fails to dose due to a wrongful refusal to dose or default on the part of PURCHASER, SELLER shall be entitled to retain the Deposit and neither PURCHASER nor SELLER shall have any further obligation or liabilities under this Agreement, except for those expressly provided to survive the termination of this Agreement; provided, however, that PURCHASER shall also be responsible for the removal of any liens asserted against the Property by persons claiming by, through or under PURCHASER. If PURCHASER is in default as to one or more of the provisions of PURCHASE AND DEVELOPMENT AGREEMENT Page 7nf18 this Agreement , then PURCHASER may request that SELLER grant a reasonable extension to complete the deliverable. Provided PURCHASER has shown a good faith effort to comply said request shall not beunreasonably withheld. |nthe event, PURCHASER fails toperform asherein provided notwithstanding the extension, PURCHASER shall be in default hereunder and treated as provided above, The parties understand and agree that in such instance SELLER shall be entitled to the Deposit in full and final satisfaction of PURCHASER's obligations hereunder, 13.2SELLER'S In the event that SELLER fails to fully and timely to perform any ofits obligations and covenants hereunder or if SELLER is in breach of any representations herein, PURCHASER may, atits option (i) declare SELLER in default under this Agreement in which event PURCHASER may (j) terminate this Agreement, receive back its Deposit and neither party shall have any further rights hereunder or (ii) proceed ioenforce this Agreement byway ofanaction for specific performance, 133 Notice of Default, Prior to declaring a default and exerc1slnQthe remedies described herein' the non-defaulting Party shall issue a notice of default to the defaulting Party describing the event or condition of default in sufficient detail to enable reasonable person to determine the action necessary to cure the default. The defaulting Party shall have fifteen (15) days from delivery of the notice during which to cure the default, provided, however, that astoafailure toclose, the cure period shall only bethree /3\ business days from the delivery nfnotice. If the default has not been cured within the aforesaid period, the non-defaulting Party may exercise the remedies described above. 114 Survival. The provisions of this Section 13 shall survive the termination ofthis Agreement. 14. NOTICES, All notices required in this Agreement must be in writing and shall be considered delivered when received by certified mail, return receipt requested, or personal delivery to the following addresses: |ftoSeller, Boynton Beach Community Redevelopment Agency Michael Simon, Executive Director 710 N. Federal Highway Boynton Beach, Florida 33435 With e copy to: Kenneth Dodge, Esquire Lewis, Longman & VVa|kcr' P,A. 515 North Flag|p/ Drive, Suite 1580 West Palm Beach, Florida 33401 |ftoPurchaser: Mike and Jana Wood 7J5N. Federal Highway Boynton Beach, FL33435 PURCHASE AND DEVELOPMENT AGREEMENT Page 8of1O With 8copy to: Joel P, Koeppel, Esquire Koeppel LavvGroup. PA, 1,1:) West Pa!nnBeach, F|Dr/da3�4O1 15. The terms and conditions of this Agreement are hereby made binding on, and shall inure tothe benefit of, the successors and permitted assigns of the Parties hereto. PURCHASER may not assign this Agreement without prior written consent of SELLER, which may be withheld in SELLER's sole discretion, provided, however, PURCHASER may assign this Agreement to an entity or trust owned and controlled by Michael and/or Jana Wood and/or immediate family members upon the consent of SELLER, which shall not be unreasonably withheld. It is understood, however, that SELLER may assign its interest to the City of Boynton Beach without the prior written consent of PURCHASER. 16. RISK OF LOSS. In the event the condition of the Property, or any part thereof, is materially altered by an act of God or other natural force beyond the control of SELLER, PURCHASER may elect, as its sole option, toterminate this Agreement and receive a refund of the Deposit and the parties shall have no further obligations under this Agreement, or PURCHASER may accept the Property without any reduction in the value of the Property together with any insurance proceeds, In the event of the institution of any proceedings by any Governmental Authority which shall relate to the proposed taking of any portion of the Property by eminent domain prior toClosing, o/ inthe event of the taking of any portion of the Property by eminent domain prior to Closing, SELLER shall promptly notify PURCHASER and PURCHASER shall thereafter have the right and option to terminate this Agreement by giving SELLER written notice ofPURCHASER's election to terminate within fifteen (15) days after receipt by PURCHASER of the notice from SELLER, SELLER hereby agrees to furnish PURCHASER with written notice of proposed condemnation within two (2) business days after SELLER's receipt of such notification, Should PURCHASER terminate this Agreement, the Deposit shall immediately be returned to PURCHASER and thereafter the Parties shall be released from their respective obligations and liabilities hereunder, Should PURCHASER elect not tnterminate, the parties hereto shall proceed to Closing and SELLER shall assign all of its right, title and interest inall awards inconnection with such taking to PURCHASER. 17. BROKER FEES. The Parties hereby confirm that neither ofthem has dealt with any broker in connection with the transaction contemplated by this Agreement, Each Party shall indernnihy, defend and hold harmless the other Party from and against any and all claims, losses, damages, costs or expenses (including, without limitation, attorney's fees) of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by either Party or on its behalf with any broker or finder in connection with this Agreement, However, SELLER'S indemnification obligations shall not exceed the statutory limits provided within Section 768.28' Florida Statutes, and SELLER PURCHASE AND DEVELOPMENT AGREEMENT Page 9of18 does not otherwise waive its sovereign irnrnunity rights, The provisions of this Section shall survive Closing ortermination ofthis Agreement, 18, ENVIRONMENTAL CONDITIONS, Tothe best ofSELLER'S knowledge, the Property and the use and operation thereof are in compliance with all applicable county and governmental laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations, 29. DEVELOPMENT AND SALE OF THE PROPERTY. SELLER and PURCHASER acknowledge that the Property is being sold to PURCHASER for the sole purpose of developing a new marine dealership, marine accessory service center and marine retail store. PURCHASER may change the use of the Property after the Closing upon approval of the SELLER, provided such use is in compliance with the then current zoning and land use regulations and further the goals of SELLER as set forth in its current Redevelopment Plan. This provision shall survive dosing 19.1 SELLER Design Approval. The PURCHASER agrees that the SELLER shall have the right to approve of the design of the building and site as a condition of this PURCHASE AND DEVELOPMENT AGREEMENT. The SELLER's approval of the plans and design shall not be unreasonably withheld provided the plans and design meet the criteria set forth and described in the City VfBoynton Beach approved Urban Design Guidelines for Development within the Boynton Beach Community Redevelopment Area. 19] The SELLER shall provide the PURCHASER with the following Boynton Beach Community Redevelopment Agency Economic Development Grants to induce the enhancement and/or expansion of the project: a. Commercial Fagade Grant Purchaser shall be reimbursed up to a rnaxinnurn amount nf $25,0O0with a $25,000 match by Purchaser. Said funds to be reimbursed within thirty (30) days of receiving a Certificate of Occupancy provided Purchaser has timely submitted all required construction cost documentation consistent with the eligible items set forth inthe CRA/sCommercial Fa�adeGrant Program. b. Commercial Construction Project Incentive Program — Purchaser shall be reimbursed the building permit fee of 2.3% of the project cost provided same is less than $250,000 in construction value (as stated on the construction permit application) and 3.3% of the project cost if the construction value exceeds $250,000. Said funds to be reimbursed within thirty (30) days nfreceiving a Certificate of Occupancy provided Purchaser has timely submitted all required construction cost documentation. The reimbursement available under the [ornnnerda| Construction Project Incentive Program pursuant to this paragraph shall not exceed $16,500. C. Interior Build-Out Grant Purchaser to be reimbursed an amount PURCHASE AND DEVELOPMENT AGREEMENT Page 10 of 18 up to $25,000, to be paid on a reimbursement basis within thirty (30) days of the Property receiving a Certificate of Occupancy provided Purchaser has timely submitted all required construction cost documentation, consistent with the eligible items set forth in the CRA's Interior Build-out Grant Program. A $25,000 match is required by the PURCHASER. d. 711 N. Federal Highway Renovation Grant — Purchaser shall be eligible for this grant according to the following formula up to a total of exceed Fifty Thousand Eight Hundred Dollars ($50,800.00): Within twenty-four (24) months from receipt of its Certificate of Occupancy for the Project, PURCHASER shall submit documentation evidencing how many newfull-time (at 40 hours per week) and/or part-time local employees (at 20 hours a week) PURCHASER has hired for employment at the Project. The total amount of the grant reimbursement available to PURCHASER shall be based on the documentation provided by Purchaser and shall be determined at the end of the twenty-four (24) month period by multiplying the total number of new full-time employees hired by Purchaser for the Project by $4,233.33 and the number of new part-time local employees hired by the Purchaser for the Project by $2,116.67 for a total grant award not to exceed Fifty Thousand Eight Hundred Dollars ($50,800.00) to be paid on a reimbursement basis for construction costs associated with the renovation of the Property. PURCHASER is not eligible for reimbursement under this paragraph for any employees hired after the 24 month reporting period expires. Reimbursement shall be made within thirty (30) days of the CRA Board's receipt and approval of the appropriate documentation pursuant to this paragraph. 20. Development Timeline. In order to ensure that the public purpose is being met, the following events must be documented in writing and provided to the SELLER upon completion of each event. Time is calculated from the Effective Date. a. Submission of Major Site Plan Application documents to the City of Boynton Beach within sixty (60) days after the final approval of the design and site plan by the CRA as set forth in Paragraph 19.1, whichever is later. b. Submission of Construction Permit Application to the City of Boynton Beach within ninety (90) days of the Major Site Plan approval date (if applicable). C. Commencement of construction within ninety (90) days of the Building Permit approval date. d. Certificate of Occupancy to be provided within Two Hundred Eighty (280) days from the Commencement of Construction Date, unless extended by force majeure or circumstances beyond the Purchaser's control and approved by SELLER, or extended as otherwise permitted in this Agreement. e. Purchaser shall diligently pursue and use all reasonable efforts to obtain all 00858592-1 PURCHASE AND DEVELOPMENT AGREEMENT Page 11of18 necessary approvals for the construction and development of the Project. Upon receipt of the building permit for the Project from the City, PURCHASER shall diligently pursue completion of construction of the project. 20.1 Pefault after Closing. If Purchaser fails is not in compliance with one or more of the provisions of this Agreement and/or if the development timeline outlined herein is not strictly met, and PURCHASER has not provided SELLER with a written notice explaining the reason or circumstances not under the control of PURCHASER that have prevented PURCHASER from meeting the timeline, and SELLER has not agreed in writing to the same then the PURCHASER may provide a written request to SELLER to be granted g reasonable extension tocomplete the deliverable. Provided PURCHASER has shown agood faith effort tocomply, said extension request shall not be unreasonably withheld, In the event PURCHASER fails to perform as herein provided notwithstanding the extension, PURCHASER shall be required to reconvey the Property tothe SELLER (as set forth in paragraph 31 below), this Agreement shall be terminated, and SELLER shall be released from any and all obligations under this Agreement. SELLER agrees to work reasonably with PURCHASER in achieving the timeframes set forth above, but PURCHASER and SELLER agree that time isofthe essence. 21. PROPERTY REVERTER CLAUSE. The deed of conveyance shall contain o reverter clause that shall run with the Property( requiring the Property to be recnnveyed10 SELLER by quit claim deed should PURCHASER default in not timely constructing the intended use described above. In such event the Purchase Price set forth above, and the documented costs of improvements and expenses expended by PURCHASER in the development of the Property shall be reimbursed to PURCHASER. To carryout the terms of this paragraph, PURCHASER shall execute a reverter agreement in the form set forth on Exhibit "8" 22. RIGHT OF FIRST REFUSAL. In consideration for the incentives provided herein. PURCHASER hereby grants toSELLER a Right ofFirst Refusal which shall be in full force and effect for a period of Ten (10) years from the date of closing. The essential terms and conditions ofthis right shall beasfollows: U\ If Purchaser receives an offer to purchase the Property pursuant to a written contract or letter of intent, Purchaser shall give Seller notice of the offer by delivering a copy ofthe contract orletter nfintent toSeller /"Notice"\. (i i) Within ten (]O) days of receipt of the Notice, Seller shall either waive or exercise its right of first refusal. If Seller elects to exercise its right of first refusal, Seller shall, within ten (lO) days after receipt of the Notice, deliver to Purchaser an agreement to purchase the Property on the same terms as set forth in the Notice including the delivery of deposit (if applicable) and upon receipt by the Purchaser nfthe foregoing from the Seller, Purchaser and Seller shall enter into a Purchase and Sale Agreement pursuant to the same terms and a085Kqz1 PURCHASE AND DEVELOPMENT AGREEMENT Page l2ofl8 conditions asthe Notice. (i i) |fSeller fails to exercise or waive its right of first refusal in accordance with the terms and conditions stated herein, within ten (lU) days after receipt of the Notice, then Seller's right nffirst refusal shall bedeemed tnhave been waived. 21 SECOND MORTGAGE. At Closing PURCHASER shall execute a Second Mortgage in the amount of Three Hundred Seventy-Seven Thousand 'Three Hundred Dollars ($377,300.00) that will be recorded in the Public Records, This Second Mortgage shall bear no interest or require periodic payment. The principal amount of the Note shall be reduced by twenty percent /2096\ on each anniversary of the Closing beginning on year six (G) of the term and shall automatically terminate (without payment) on October 31, 2027' provided PURCHASER hes not sold the Property to a third party. It is understood by the Parties that the intent of this provision is for SELLER to be reimbursed for the discounted Purchase Price and economic incentives provided to PURCHASER in the event of sale within this IOyear term, 24. MISCELLANEOUS. 34.1 General. This Agreement, and any amendment hereto, may beexecuted in any number of counterparts, each of which shall be deemed to be an original and all of which shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified No modification or amendment of this Agreement shall be ofany force or effect unless in writing executed by Parties. This Agreement sets forth the entire agreement between the Parties relating tothe Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, Understandings and agreements, written or oral, between the Parties. 'This Agreement shall be interpreted in accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, should any cause of action be limited to federal )urisdiction only, in the United States District Court for the Southern District Court of Florida 242 Computation of Time, Any reference he/em to time periods which are not measured in business days and which are less than six /6> days, shall exclude Saturdays, Sundays and legal holidays in the computation thereof Any time period provided for in this Agreement which ends on a Saturday, Sunday orlegal holiday shall extend to 5:00 pnn on the next full business day. Time is of the essence in. the performance of all obligations under this Agreement, Time periods commencing with the Effective Date shall not include the Effective Date inthe calculation thereof. 243 Waiver, Neither the failure of party to insist upon strict performance Of any of the terms, provisions, covenants, agreements and conditions hereof, nor the PURCHASE AND DEVELOPMENT AGREEMENT Page 13of18 acceptance of any item by e party with knowledge of breach of this Agreenoen1 by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights orremedies that aparty may have orawaiver ofany subsequent breach ordefault in any ofsuch terms, provisions, covenants, agreennents or, conditions, This paragraph shall survive termination ofthis Agreement and the Closing 24,4 Construction of Agreement. The Parties to this Agreement, through counsel, have participated freely in the negotiation and preparation hereof, Neither this Agreement nor any amendment hereto shall be more strictly construed against any of the Parties, As used in this Agreement, or any amendment hereto, the masculine shall include the feminine, the singular shall include the plural, and the plural shall include the singular, as the context may require. Provisions of this Agreement that expressly provide that they survive the Closing shall not merge into the Deed. 24,5 SeverabilitV, If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the app|ication of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. The provisions of this Section shall apply to any amendment ofthis Agreement, 24�6 Handwritten Provisions, Handwritten provisions inserted in this Agreement and initialed by SELLER and PURCHASER shall control all printed provisions in conflict therewith. 24J Waiver of Jury Trial. Asaninducement toPURCHASER agreeing toenter into this Agreement, PURCHASER and SELLER hereby waive trial by jury in any action or proceeding brought by either party against the other party pertaining toany matter whatsoever arising out oforinany way connected with this Agreement 24,8 Attorneys Fees and Costs, Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including those atthe appellate level, shall beawarded tothe prevailing party. 24.9 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf ofthe PURCHASER and SELLER has full right and |ovvfu| authority to execute this Agreement and to bind and obligate the party for vvhorn or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. 24,10 No Recording. This Agreement shall not be recorded in the Public Records ofPalm Beach County, Florida. PURCHASE AND DEVELOPMENT AGREEMENT Page 14ot18 24�11 Survival. The covenants, warranties, representations, indemnities and undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and recording ofthe Deed and PURCHASER'S possession ofthe Property, 24.12 PURCHASER Attorneys' PURCHASER acknowledges and agrees that PURCHASER shall be responsible for its own attorneys' fees and all costs, if any, incurred by PURCHASER in connection with the transaction contemplated bythis Agreement. 24.I3 Public Records. SELLER is public agency subject toChapter 119, Florida Statutes. The PURCHASER shall comply with Florida's Public Records Law Specifically, the PURCHASER shall: a. Keep and maintain pubUc records that ordinarily and necessarily would berequired bythe SELLER inconnection with this Agreement; b, Provide the public with access to such public records on the same terms and conditions that the SELLER would provide the records and ata cost that does not exceed those provided in Chapter 119' Fla. Stat, orasotherwise provided by law; C, Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law, and d Meet all requirements for retaining and providing public records and transfer to the SELLER, at no cost, all public records in possession of the PURCHASER upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electron icaUy rnust be provided tothe SELLER in a format that is compatible with the information technology systems of the SELLER SELLER shall, upon request, provide guidance to PURCHASER astothe public records keeping and reporting duties that are imposed upon PURCHASER as provided above and shall take all steps reasonably required to assist PURCHASER in not violating them. The failure of PURCHASER to comply with the provisions set forth in this Agreement shall constitute a Default and Breach ofthis Agreement. If PURCHASER fails to cure the default within seven (7) days` notice from the SELLER, the SELLER may terminate the Agreement, IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. SIGNATURE PAGE FOLLOWS PUKCHAMiANDD|V||OPt4|0| AGR[|W|m| Page 15n| l8 PURCHASER: SELLER: 8ZWOOD PRDP[NTIFS, LL[ 8OYNTONBEACH COMMUNITY REDEVELOPMENT / � Printed Name: Printed Name: 5\,V(,n8 Grant Title: Tide: Chairman Date: Date: WITNESS WITNESS Printed Name: Printed'Name: IL Printed Name Printed Name: PURCHASE AND DEVELOPMENT AGREEMENT" Page 15 of 18 PURCHASER: SELLER: BZ WOOD PROPERTIES, LLC BOYNTON BEACH COMMUNITY REDEV� NCY X�hi 0 ; Printed Name: iC J( " //�, t Printed Name: Ste en B. Grant Title: t ° 6-/ / y Title: Chairman Date: Date: G E WITNESS WITNESS: / .N Printed Name: Printed Name: l �� WITNESS: WIT SS: ' ;`, F r �i ab Printed Name: RiLkw r� ; Printed Name: rA Approved as to form and legal sufficiency: CRA Attorney 00858592-1 PURCHASE AND DEVELOPMEN F AGREEMENT Page 16 of 18 EXHIBIT A LEGAL DESCRIPTION TBD once final survey for ROW is determined. PCN #08-43-45-21-31-000-0192 00858592-1 PURCHASE AND DEVELOPMENT-AGREEMENT Page l7of18 EXHIBIT B REVERTER AGREEMENT This REVERTER AGREEMENT is dated as of this day of 2017, by and between the B[)YNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (the "SELLER") and BZWOOD PROPERTIES, LLC (the "PUR[HASER"). RECITALS A. The SELLER has conveyed to the PURCHASER that certain real estate described on Exhibit "A" attached hereto (the "Property") pursuant to a Deed of even date herewith between the SELLER and PURCHASER. B. The PURCHASER has agreed tnconstruct certain Improvements nnthe Property in accordance with the guidelines and criteria set forth in the Purchase and Development Agreement ("Agreennent'') executed bythe Parties. C. The Deed shall provide that if the PURCHASER does not timely construct the Improvements asset forth in this Agreement, then the Property shall revert to the SELLER. D. Further, the Deed shall provide that if the PURCHASER fails to keep the completed facilities operational for any nine (9) month period and/or if the Property is not used for a CRA approved use (the approval of which shall not be unreasonably withheld), the Property shall revert tothe SELLER. NOW THEREFORE, in consideration of the transfer of the Property to the PURCHASER and other consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. PURCHASER agrees at its sole cost and expense tocomplete the construction of the Improvements in accordance with the terms and timeframes set forth in the Agreement. 2. In the event the Improvements are not dnne|y completed (unless extended pursuant to the terms of the Agreement), the Property shall revert to and thereafter become fee simple real estate owned by the SELLER. Within 30 days of the written request of the SELLER, the PURCHASER will provide aquit claim deed to the Property inform and substance acceptable tothe SELLER evidencing the reconveyance ofthe Property. 3. During the construction of the Improvements, PURCHASER will not place any additional liens or encumbrances on the Property except as consented to by the SELLER. In that regard, the SELLER agrees not to unreasonably withhold its consent to any construction loan PURCHASE AND DEVELOPMENT AGREEMENT Page 28ofl8 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 u 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 tothe benefit nftheir successors and assigns. This Agreement shall be governed by and interpreted in accordance with the laws of the State ofFlorida. This Agreement may only be modified or amended by a written agreement signed by authorized representatives ofthe parties hereto. WITNESS the following signatures as of the year and date first above written. PURCHASER: SELLER: 8ZWOOD PROPERTIES, LLC BOYNT0NBEACH COMMUNITY E �� Printed Name: 0�/rrinted Narne: Ste��enB. Grant Tide: Title: Chairman Date: Date: /7Cf~ 006y— 2-(e 2-0 1-7 � � | 1/29/2020 PAPA Maps ��"`" DOROTHYJACKS ev 2 GFA,AAS \ ii t Palm Beach Co nTy Property Appraiser Search by Owner,Address or Parcel.499; t S` 10 0A1'f 1 View Prope_rC Renard "tv 7tln Ave � ' .t Y `tt�� s Owners w BZ WOOD PROPERTIES LLC ` Property Detail i}f; , " s is � + � Ott tv 711 NFEDERAL HWY Miutnci,>,.litr BOYNTON BEACH k r r No 08434521 310000192 r F i.k,;i�,l.iort PENCE&KING SUB IN �� 4 3,,r)k 29735 F ge 124 <.�.hD-�z,, MAR-2018 C€ 725 N FEDERAL HWYC Ph I l n,P Aa)o , BOYNTON BEACH FL 33435 3909 t tl;eTy,> 4800-WAREH/DIST TERM 2400 c Ell Sales Information Sales Date Price -f II - , MAR-2018 10 `v�� z -1 r � , _.� ih t ryitIA JAN-2018 365000 AUG-2016 625000 1 h,nlr n APR-1995 159100 SEP-1 988 100000 Appraisals zrrit Tax Year 2019 ImaloZvi,m\t'b„ $63,676 �, i ! no V'lu, $476,658 - -- s t, =od A-- - - - - ToiA M-ik.,i V.lu $540,334 r t All values are as ofJanuary 1 st each years Assessed/Taxable valuest Tax Year 2019 A -o V lu $540,334 - NDS.. l `tr1i� L 'l,t�r'si ,titn s�fiJ�X�'mpiion Amount $0 J 1� stv t� T,x,l,l, vt�.k $540,334 � ti\ 'i � ,�, tte.. I Taxes L ft 7 S\ t t "t a :�pR Iry si �S�t{ �w t {ft�t,y' Tax Year 2019 rr, Calor,-m $11,676 � jj � Thr „ vel � � � �! 4 Non Ao vt,.lor,m $473 Total i,,x $12,149 https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434521310000192 1/1 Meeting Minutes CRA Board Boynton Beach, Florida September 27, 2017 State for assistance. Staff has some ideas for sponsors/donors in their efforts to fundraise regarding building maintenance. He explained the closing for the property would take place on the 29th if approved. Motion Vice Chair Katz moved the CRA move forward with acquisition. Ms. Romelus seconded the motion that unanimously passed. B. Consideration of Purchase and Development Agreement for the CRA Owned Property located at 711 N. Federal Highway to South Florida Marine, d/b/a BZ Woods Properties, LLC Mr. Simon explained this item was heard in August and the contract was included in the meeting backup as was an outline of the important terms. The purchase was $365,000. The Woods would provide a deposit of $73,000 and the amount of Commercial development grant funding assistance will not exceed $117,000. The closing date is October 31St. The major site plan application would be submitted 60 days after the design approval of the site plan is given, and the permit appiication would be made 90 days after the site plan approval. Com men cement/construction would start 120 days after permit approval, and then 180 days to finish. There is a reverter clause and a first right of refusal.. The Board approved the second mortgage clause at the August meeting with 10-year stipulated time period resulting in no reduction during the first five years in the amount of second mortgage protection. There would be an offset in the value of the purchase price from years six to ten and the amount would be reduced by 20% a year. The Woods requested the Board reconsider their first request to allow the 10% reduction in the second mortgage for each year during the 10 years or consider no reduction for the first two years and a 12.5% reduction for years three to 10. Another request is for the Board to consider a slight change to the requirement for them to create 12 jobs they feel their project will create over the 10-year period. The Woods agree to all else in the contract. Chair Grant asked about the Board's recourse. Attorney Duhy identified the default language contained in paragraph 20.1. Chair Grant asked about 19.2 D of the contract which pertained to the renovation grant and further noted the CRA did not state if the positions were full time or if it was more outreach to try to hire employees, student interns or part-time workers. When the Woods were selected, it was not as clear and staff did not feel they could alter the requirement without Board direction. The Board could leave it open-ended or make it more specific. Chair Grant favored hiring 12 local employees and asked the Board if unpaid internships were satisfactory. Mr. Casello felt 12 positions were promised and that is how many should be hired. Vice Chair Katz recalled the Board selected the Woods based on their proposal and accepted a bid for $150,000 less. They accepted an offer and negotiated terms. He thought the Board should approve the contract as designed and thought it deviated from the process by taking a lesser offer by hedging on their promises. Employee means the person is paid. Part time is 30 hours or less. Vice Chair Katz wanted 12 real jobs created. He did not think a change to the 6 Meeting Minutes CRA Board Boynton Beach, Florida September 27, 2017 second mortgage clause was fair. He would move to approve conditions as agreed on as drafted by the CRA. Mr. Simon noted the outreach efforts for the hiring of 12 local employees was intended to be over the course of the second mortgage and asked if the Board wanted a time frame. If they hire six employees, within 30 days of receiving their certificate of occupancy, they can provide the funds on a percentage basis of the 12 employees. When they have the full 12 employees, they would receive the full amount. The timeline is at the Board's discretion. Vice Chair Katz noted it takes time to find 12 people and the need was stated. He favored 8 to 12 months to hire the individuals. Chair Grant commented there was a 12-month deadline and asked about the percentage. He asked, if they hired six employees at the beginning, if they would receive 50% of the renovation grant reimbursement. Vice Chair Katz asked if the 12 position would need to continue to exist until a time certain. Attorney Duhy suggested a timeline be concurrent with the second mortgage time-period. Attorney Duhy suggested dividing the $50,800 by 12 positions to determine a reimbursement value for each position. Mr. Simon referred the Board to Attachment 1. Mike Wood, 725 N Federal Highway, explained he intended to hire 12 employees in two to three years. He could not hire 12 employees right off the bat. They have to keep growing to be able to pay the salary. Mr. Simon recalled Mr. Woods talked about reaching out to South Tech and other institutions to develop some type of a training program. He asked if that was still under consideration and learned it was. He has been speaking with South Tech regarding the Outboard 9 motors,which is what they need to continue their growth. The Inboard 9 motor is more of an automotive repair shop. South Tech is where they will go as soon as they receive their certification, but they had asked for more land for the Mercury franchise as they have to have so many motors on the premises. Mr. Casello thought each position has a monetary value and as filled, the CRA should release the funds up until the time the second mortgage is satisfied. Chair Grant agreed. Ms. Romelus asked how the amount was paid. Attorney Duhy recommended language consistent with the release of the second mortgage. The Board can require a report that complies with the provisions to prove out and then release the funds. Mr. Simon thought, similar to a TIF agreement, the purchaser would provide documentation of the new hires on the annual date of their Certificate of Occupancy. If two people were hired the first year, they would be reimbursed for two employees and then at the next anniversary, if two more were hired, funds for two more employees would be released. Ms. Romelus asked how a renovation grant related to employees and learned the funds did not fall into a particular program and was an additional request by the applicant, so staff kept the program grants the same and created an additional incentive, which can be tied to the jobs. Attorney Duhy suggested defining what the employment opportunity would be. There was discussion about training programs that could qualify. 7 Meeting Minutes CRA Board Boynton Beach, Florida September 27, 2017 Ms. Romelus was amenable with 12 jobs spread out each year with the Certificate of Occupancy renewal. There would be an update and then reimburse the Woods based on the number of new hires. She was flexible with the type of hiring, maybe having six full time and six part-time jobs, but it has to be paid employment and not a volunteer or intern program. Mr. Casello asked what would occur if they did not reach 12 employees, and learned then the Woods would not be reimbursed. He thought a 12 to 18 months to hire someone was appropriate. Chair Grant and Ms. Romelus favored 24 months. The reimbursement rate, per job, was $4,233. Vice Chair Katz thought part time was okay at a partial reimbursement. A full-time employee would get $4,233 and a part-time hire should be half. He did not favor anything beyond 24 months and did not think that a portion of the positions were estimates based on anticipation of growth. He thought the new facility would require the new positions. Ms. Romelus did not want to put too much pressure on business owners, as economic downturns occur and it is not the fault of the business owner. They never asked if they were full or part-time jobs. She did not want to ration the funds based on the type of employment given, she wanted to leave reimbursement at $4,233 per hire regardless of part or full time. Chair Grant agreed. Students from South Tech go to school during the day and cannot be full-time employees. Vice Chair Katz wanted payment to be commensurate with whether it was full time or part time and favored giving 24 months to comply. He felt the details were part of the sales pitch, and now just before signing, Mr. Woods was changing the terms of the contract. He wanted the contract to have teeth. Chair Grant supported the jobs being six full and six part-time jobs. Mr. Casello agreed but wanted the positions to be reimbursed commensurately with the full and half amounts. Mr. Casello also noted there was damage during the hurricane and some windows were broken. He asked if there was insurance on the building and learned there was. The CRA is self-insured and the front windows are not that expensive. Once replaced, the CRA can credit the Woods at closing for the value if they were going to replace the windows with superior windows or the CRA can escrow the amount of the repair if they were not and let them handle it during construction. Chair Grant requested a motion for consensus. Motion Vice Chair Katz moved to approve there would be no less than six full-time positions with the remaining six being part time, with part time being defined as a paid position with a minimum of 20 hours a week. The full-time hire gets the full allocation and the part time positions receive a half allocation, and to permit 24 months to have 12 positions filled. He asked what would occur if only eight positions were hired and learned they would not recoup the funds for them. 8 Meeting Minutes CRA Board Boynton Beach, Florida September 27, 2017 Vice Chair Katz revised his motion to include what he previously moved, if the 12 positions are not created by the 24-month period, then no additional funds can be obtained. Chair Grant clarified if he hired 3 full-time and 3 park time positions after the first year, they would receive $4,233 each for the three full-time positions and half the reimbursement rate for the three part time positions. Attorney Duhy explained the purchaser has the ability to meet the requirement, if not in the first year, then in the second year, Vote Mr. Casello seconded the motion that passed 3-1, (Ms. Romelus dissenting.) Chair Grant requested a motion changing the allocation for the second mortgage to after year six, to forgiving 20% a year to year 10, to 10% a year, or to 12.5% after the second year. Chair Grant favored the original agreement. Chair Grant asked for the Board's input. There were no objections and Chair Grant declared whatever was in the contract stood. Chair Grant requested a motion to approve the consideration of the purchase and development agreement located at 711 N. Federal Highway as amended. Motion Vice Chair Katz moved to approve as amended. Mr. Casello seconded the motion that unanimously passed. D. Consideration of the Purchase and Development Agreement with Heartfelt Florida Housing of South Palm Beach County Community Land Trust Inc. (Habitat for Humanity) for the CRA Owned Property Located at 117 W. Martin Luther King, Jr. Boulevard Mr. Simon presented the item and explained they sent the letter in June and proper notices were issued. The Notice of Intent to dispose of the property for less than fair market value was heard by the City Commission and approved. The Board only needs to execute the contract for a single-family affordable home within the Model Block project area. Mohamed Abdalla, 181 SE 5t" Avenue, Delray Beach, Senior Director, Government and Community Affairs, thanked the Board for their donation and assisting Habitat for Humanity to enhance the community. Chair Grant noted the home is between a church on Seacrest and multi-family homes. He asked if there would be a security fence. Mr. Abdalla agreed to ask the contractor and would get back to him. Mr. Casello asked if there was a family in mind and learned they have a family ready, but he did not know if 9 AM �� c.,. OF mmv°,=w Bs°=w N n Please be advised that Florida has broad public records |avv and all correspondence to me via email may besubject t( dimc1osure.Under Florida nemonja |sw4 email addresses are public records.Therefore, your e-mail communication and your e-mail address may besubject topublic disclosure Begin forwarded message: From: "Mike Wood" < > Subject: RE: Employee Grant money for South Florida Mastermraft Date:October l 2020at2:11:02 PM EDT To:grants @ftfl.ius Cc: "Last name, Firstnanme" > HiCRA Board members, | wanted to clarify some on what we are asking for regarding the Employee Grant, because we have only 3 months until this grant expires and with these unprecedented times we are facing.We at South Florida Marine and our employees all feel that xve need the space and area (6 feet apart)to stay heath|y and and continue to stay in business.Adding more employees at this time,would only cause the possibility of exposure to Covid.As we check temperatures of our employees and tell them to stay home if they dont feel well,we know there is sill a risk of exposure without these symptoms.At this time we are taking all the precaution to keep are employees and customers safe and this means, each employee taking onmore responsibilities such aacleaning and disinfecting everything inour dealership. We would like to offer more jobs after things get back to the new normal.When the time comes,we will bring innew employees,young graduates and such toteach them new skills. Exactly what I am asking for is this: a new agreement that allows us to be able to use some of the monies allocated to keep the employees we have and keep our customers safe. We are asking for 7OY6 ofthe grant monies, and then the other 3096inone year, ifvvedowhat vvesaid with hiring new employees by that time(Nov. 2021).We will sponsor a workshop to hire new Boynton residents next summer ifthe pandennicisunder control. 5 Thank you, Mike Wood South Florida Marine 72SN. Federal Hwy. Boynton Beach Fl. 33435 Tel: (561)-737-9423 Fax ]5G1)-737-1S1O webSite— VVexvou|d |ikeyouheedbachat Get out wnthe Water Todoy!!! -----Original Message--- Fmmmm: "Mike Wood" Date:Og/11/2O2D11:18AM To: "Last name, First name" CC: "Last name, First name" "Last name, First name" Subject: RE: Employee Grant money fro South Florida K4autercraft Hello everyone, | hope everyone is feeling and doing well.We at South Florida Marine have been lucky, safe and healthy VVewould like tmtalk about the$5CL8OO.00grant vvewere given for employment back in3018.Since xve purchased the 711property, |feel vvehave done everything xvesaid vvewere going todoand more, except hire more employees and that has all todowith Corona. VVehave all taken unmore roles and been a lot safer and made changes on how we work everyday.With that being said, xveare not feeling safe with hiring more people due to the amount of room we have to be safe when customers come in. VVehope that times change and vvecan begin tuhire again. South Florida Marine ioafamily owned business and xvetreat our employees like family. When vvehire someone,they become part ofour family and would never want to let anyone go due to this Pandemic.We are proud that we never had to let anyone 8othrough all this, but hiring onnew employees isnot safe for our current employees and customers. Soatthis time, vveare asking for the employee Grant money that was allocated for usso that xvecan allow us10continue toimprove, improve the City mfBoynton Beach and keep are employees heathy and strong! Please let usknow ifyou need anything from us. Thank you, Mike Wood b South Florida Marine 725N. Federal Hwy. Boynton Beach Fl. 33435 Tel: (561)-737-9423 Fax :(561)-737-151O website— Wewould like you feedback at Get out onthe VVaterToday!!! South Florida Marine 725N. Federal Hwy. Boynton Beach Fl. 33435 Tel: (S61)'737-9423 Fax :(561)-737-1S1O website— Wewould like you feedback at Get out onthe VVaterToday!!| ] Simon, Michael From: Simon, Michael Sent: Friday, October 9, 2020 12:32 PM To: Mike Wood;jana@southfloridamarine.com Cc: Nicklien, Bonnie; Shutt, Thuy Subject: RE: Employee Grant money for South Florida Mastercraft Good morning Mike: Thank you, my family is well and I hope the same for yours. We will place your item on the November agenda and get with you before the agenda is written to discuss the item further. Thank you and have a great weekend. From: Mike Wood <mike@southfloridamarine.com> Sent: Friday, October 9,2020 9:12 AM To:Simon, Michael<SimonM@bbfl.us> Subject: RE: Employee Grant money for South Florida Mastercraft Hi Mike Hope all is good with you and the family. Yes I would if we can but on the nov 10 How do we do that are we allow in to the meeting or do we call etc? Thank you, Mike Wood South Florida Marine 725 N. Federal Hwy. Boynton Beach FI. 33435 Tel: (561)-737-9423 Fax:(561)-737-1510 website--www.soutliflorir:Ianr,a,it"ie,com We would like you feedback at her://w y 1p.coLn `i)iz s:_:_ut - i rid F,narin -boy:it r:-beach Get out on the Water TodayM -----Original Message----- From: "Simon, Michael" [SimonM@bbfl.us] Date: 10/09/2020 08:59 AM To:"°�r:r�� ca south l rida,nari:r coin"<i spri t o;it{i lorid r i rine,r:: rn >, r° :I sq:,,,t fiori larf: rin :o 1 <r p u hfl ,iidm r e.com> CC: "Nicklien, Bonnie" 1g2hM!,g5>, "Shutt,Thuy" < t' i. > Subject: RE: Employee Grant money for South Florida Mastercraft Good morning Jana: The agenda for the October 13th CRA Board meeting has been closed. Please let me know if you would like to present the item discussed in your email(s) below to the Board at their November 10, 2020 meeting and 1 will add it to the Future Agenda items. Thank you and do not hesitate to contact me with any questions regarding this item. Michael Simon, R1�A,, CP31-1, I-RE i,et:t?i:i°ark, Director Boyntoirs Bach Cornmunity Redeveloornen. Agency 100 E, D.:ean Ave. Boynton Beach, Flc)rida 33435 561-600-9091, i m; z Sinnon c��i~,ei fim I lit'�cp'Hw w,boyt�ton achci,a. ;o�ri s BOYNTON' Y CONVAUMIN REDWEAPPA VyAGENCY America's Gateway to the Gulfs-ream 2 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure From: Simon, Michael Sent:Thursday,October 8, 2020 4:48 PM To:j�LEit(_@,�guthf'loridaniarine.corn Cc: Nicklien, Bonnie<NickfienB Pa bbfl,us>; Shutt,Thuy<shuttt= bbfl.us> Subject: FW: Employee Grant money for South Florida Mastercraft Importance: High Hello Jana: Please see the email below and let me know the answer as soon as you can. Thank you. From: Simon, Michael Sent:Wednesday, October 7,202011:28 AM o: ., mike (mLiik com)<rr°Cik!e,�cEpsoutl"ifloridarnarifie.com> _f_CAs(,)uthf1qddatnadne. ......................------- Cc:Shutt,Thuy<but tt@bbfl.us>; Nicklien, Bonnie<Nick1ienB@Dbbfi,.us> Subject: FW: Employee Grant money for South Florida Mastercraft Importance: High Good morning Mike and Jana: CRA Board member Romelus forwarded the emails below that you sent to the individual Board members as she saw that I wasn't copied on your email. 3 Is this an item that you are requesting be presented to the CRA Board at a future meeting for their consideration? If so, please let me know whether or not you want to go before the Board at their October 13" meeting or their November 10th meeting. I will need to know by the end of the day today if you are requesting to be added to the October 13th agenda. Thank you. From: Romelus,Christina Sent:Tuesday,October 6,2020 5:08 PM To:Simon, Michael<SimonM L@bbfl.us> Subject: Fwd: Employee Grant money for South Florida Mastercraft Mike, Not sure if you received this but please add to the agenda for our next meeting. Christina Romelus City Commissioner- District III City Commission Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address: 100 E. Ocean Ave. I Boynton Beach, Florida 33435 561-742-6010 RomelusC@bbfl.us boynton-beach.org/ 4 SECOND)AMENDMENT TO PURCHASE AND DEVELOPMENT AGREEMENT, DATED DECEMBER 12�2017 Between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY and Z WOOD PROPERTIES,LLC This Second Amendment to Purchase and Deve pment Agreement ("Second Amendment") is made and entered into this December , 2020, by and between the OYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency, created pursuant to Chapter 153, Part III, of the Florida Statutes (hereinafter "Seller"), and B WOOD PROPERTIES, LLC, with a business address of 725 N. Federal Highway, Boynton Beach,Florida 33435 (hereinafter the"Purchaser",and together with the Seller,the"Parties"). WHEREAS, the Parties entered into that certain Purchase and Development Agreement, (hereinafter "Agreement"), relating to property located at 711 N. Federal Highway, Boynton Beach,Florida 33435,on December 12,2017;and WHEREAS, the Parties entered. into a First Amendment to the Agreement on February 12, 2020 (the Agreement and First Amendment are hereafter collectively referred to as Agreement);and WHEREAS, the Parties desire to further amend certain terms and conditions of the Agreement as more particularly described below: NOW THEREFORE, in consideration of the mutual covenants and promises set forth herein,the sufficiency of which both Parties acknowledge,the Parties agree as follows: 1) Incorporation. The above recitals are hereby incorporated herein as if fully set forth. 2) Amendment. Section 19.2(d) of the Agreement is hereby amended to extend the time period for Purchaser to submit documentation on full and part-tune local employees from twenty-four (24) months to thirty-six (36) months from receipt of its Certificate of Occupancy. All other provisions within.Section 19.2(d)remain unchanged. 3) General. Except as expressly set forth in this Second Amendment, the Agreement is unmodified and remains in full force and effect, and is hereby ratified and confirmed by ¢r MM-1 the Parties. This Second Amendment may be executed in a number of counterparts, 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 Second Amendment,this Second Amendment shall control. WITNESSES BZ WOOD PROPERTIES y By rint Name: kWPrint Name. Title: W � Date. Print Name WITNESSES BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY iName: t Print Name: Steven B. Grant Title: Chair Date: December 10, 2020 ��.... .__..._w._,.._......_.._....._.....-----.._. -.................................... .._�.. rin °ame: 2e��Rb�f � az3ga7as-i Nicklien, Bonnie From: Jana Wood <jana@southfloridamarine.com> Sent: Friday, December 10, 2021 1:26 PM To: Nicklien, Bonnie Cc: ., mike Subject: RE: Payroll reports for JR Watersports Inc. Hi Bonnie, I hope you and your family are getting back to normal after this whole pandemic crisis! I will get you our quarterly reports soon for this year. I know that the grant was extended. Can you let us know how long it was until? Also, we wanted to put in a request for that money even if we dont fulfill the requirement and here is why? 1. We have been actively looking for employment but have not found anyone interested or have the requirements we need. (We are a drug free facility) because of our workmans compenstion. 2. Our current employees(10) all have stepped up during this hard time have never took any leave. 3. Our inventory levels are low because of the supply chain--therefore our service and sales have been down this past half of the year. Can you let me know the process to request the grant funds? Thank you for your business. Jana Wood Accounts Manager South Florida Marine 561-737-9423 www.southfloridamarine.com -----Original Message----- From: "Nicklien, Bonnie" [NicklienB@bbfl.us] Date: 07/21/202103:16 PM To: "Jana Wood" <jana@southfloridamarine.com> Subject: RE:July Rent Reembursement for South Florida Mastercraft Hi Jana, Your rent check will be going out in this afternoon's mail. As I mentioned,this was the last reimbursement under the Commercial Rent Reimbursement Grant Program. I have provided a close-out letter for your files. We are so excited you guys are doing well in your expanded space! Please keep us posted on any ways the CRA may be of help. 1 Ithas been apleasure working with you, Bonnie BonnieNicNien Grants and Project Manager, Boynton Beach CommunityRedeve|opmentAgency 1OOE. Ocean Ave. | Boynton Beach, Florida 33435 � ��1-��-��1-�UO-�U�U | �� ' m�m NicNienB@bbf|.ua http://vvvvvv.boyntonbeachcra.com 2 �� America's Gateway tothe Gulfstream Please be advised that Florida has a broad public records law and all correspondence to n-ie via en-lail n-,Iay be subject to disclosure.Under, Florida records law, en-iail addresses are public records.Therefore, your,e-n-iail con-in-wnication and your,e-moi| address moybesubject topublic disclosure. From:Jana Wood ^jana@oouthf|oridamarine.com> Sent:Thursday,July 1S, 202110:21AM To: Nick|ien, Bonnie <Nick|ienB@bbf|.uo> Subject: RE:July Rent Reemburoementfor South Florida Maotercraft 2 Thank you for your business. Jana Wood Accounts Manager South Florida Marine 561'737'9423 � Nicklien, Bonnie From: Jana Wood <jana@southfloridamarine.com> Sent: Monday, December 13, 2021 2:15 PM To: Grant, Steven Cc: Nicklien, Bonnie Subject: RE: Boynton Beach City Employee Grant Hello Mayor Grant and Bonnie, I hope you and your family are getting back to normal after this whole pandemic crisis! I will get you our quarterly reports soon for this year. I know that the grant was extended. Can you let us know how long it was until? Also, we wanted to put in a request for that money even if we dont fulfill the requirement and here is why? 1. We have been actively looking for employment but have not found anyone interested or have the requirements we need. ( We are a drug free facility) because of our workmans compensation. 2. Our current employees(10) all have stepped up during this hard time have never took any leave. 3. Our inventory levels are low because of the supply chain-- therefore our service and sales have been down this past half of the year. Can you let me know the process to request the grant funds? Thank you for your business. Jana Wood Accounts Manager South Florida Marine 561-737-9423 www.southfloridamarine.com 1 Nicklien, Bonnie From: Shutt, Thuy Sent: Tuesday, December 21, 2021 12:29 PM To: jana@southfloridamarine.com Cc: Utterback, Theresa; Kathryn Rossmell; Nicklien, Bonnie; Hill,Vicki; Tack, Timothy; Curfman,Vicki Subject: FW: Boynton Beach City Employee Grant Attachments: Complete_Fully_Exectd_P&D_Agrmnt_711 NFedHwy.pdf, 02.12.2020 Fully Executed First Amendment.pdf, 12.10.20 Full Executed Second Amendment.pdf Good afternoon,Jana, Please accept this email as a summary of our phone discussion today. Your request below will require CRA Board approval as the reasons provided in your email below are not part of the requirements for the disbursement of the CRA funding as specified in the attached Purchase and Development Agreement, as amended (see section 19.2). Staff will schedule this for the Board consideration at the next CRA Board meeting on January 10, 2022 at 5:30pm. All supportive documents for the agenda items are due on or before December 30, 2021, preferably noon as we are closed on Friday, December 31, 2021 for the New Year holiday. We will forward information regarding the links to the agenda item to you once the Board packet has been published and links to participate virtually(as soon as it becomes available). Thank you and have a wonderful holiday! Ti...u Shutt, AIA, FRA-RA Executive Director Boynton Beach Con-m-wnity RedeveIopmient Agency 100 E. Ocean Ave. I Boynton Beach, Florida 3 435 561-600-9098 ShuttT@bbfl.0 ` •, http://www.boyntonbeachcra.com America's Gateway to the Gulfstream i Please be advised that Florida has a broad public records law and all correspondence to n-ie via en-,Iail n-,Iay be subject to disclosure.Under, Florida records law, en-,iail addresses are public records.Therefore, your,e-n-iail con-in-wnication and your,e-moi| address moybesubject topublic disclosure. From:Jana Wood Sent: Monday, December 13, 20212:14 PM To: Grant, Steven < > Cc: NickUen, Bonnie Subject: RE: Boynton Beach City Employee Grant Hello Mayor Grant and Bonnie. | hope you and your family are getting back to normal after this whole pandemic crisis! | will get you our quarterly reports soon for this year. | know that the grant was extended. Can you let us know how long itwas until? Also, we wanted to put in a request for that money even if we dont fulfill the requirement and here is why? 1. We have been actively looking for employment but have not found anyone interested or have the requirements we need. / We are a drug free tsoi|ih/\ because ofour vvorkmano compensation. 2. Our current employees(l 0) all have stepped up during this hard time have never took any leave. 3. Our inventory levels are low because of the supply chain-- therefore our service and sales have been down this past half ofthe year. Can you let nneknow the process b» request the grant funds? Thank you for your business. Jana Wood Accounts Manager South Florida Marine 561'737'9423 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 10, 2022 behind the building. The building would be restored, but needed to meet Code. Chair Grant did not want the Board want to remove the designation. Motion Board Member Katz moved to pursue removal of the historic designation. Board Member Romelus seconded the motion. Mike Rumpf, liaison to the Historic Resource Preservation Board, commented designation is not a stumbling block to development. Chair Grant commented if they remove the designation and sell it to someone else, they can change their mind and tear it down. Mr. Rumpf agreed. The review process has a recommendation from the Board. Vote The motion passed 4-1, (Chair Grant dissenting.) F. Discussion and Consideration of a Request from South Florida Marine to Amend the Purchase and Development Agreement Ms. Shutt presented the item. There is $50,800 to be used for job creation, amounting to 12 full-time or 24 part-time jobs or a combination thereof, Ms. Woods requested staff bring it up to the Board to draw some of the funds down. (Board Member Romelus left the dais at 8:05 p.m.) Ms. Shutt explained South Florida Marine is finding they are having a hard time hiring employees. Chair Grant would give another extension as COVID impacted businesses, but he did not think they should do so for private businesses. Mr. Woods has been on Linkedln, Facebook, and South Tech trying to recruit new employees to the dealership. They are a drug-free employer and some employees do not show up. Their employees are working over-time and it is difficult. They had previously received a one-year extension to November 2022. Board Member Katz was not opposed to granting an extension if it appears the next 10 months would not yield any new hires. He does not support deviating from the original use to create jobs and did not feel he needed to weigh in on it. He did not support the request at this time. There are specific things in the agreement they have to maintain. (Board Member Romelus returned to the dais at 8:11 p.m.) Chair Grant noted it was a reimbursement grant so as soon as they have someone working there for what the term states, they can apply for the money based on that information being given to the CRA. Ms. Shutt did not see in the current agreement the 17 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 10, 2022 maintenance of the job, which the Board can ask staff to correct. Chair Grant thought if South Florida Marine could retain an employee for 30 days, it could be used as a signing bonus. Board Member Katz felt as long as they create new positions, regardless of how they use the funds, that as long as they created the jobs, they were entitled to the funds. Discussion followed how long the employee have to be there for and what percentage of funding should be given and it was recommended for a full-time employee 50% be given after 30 days and after 90 days they get 100% of the funds, prorated per employee. This is for new positions and new employees. This item will be brought back to the Board next month. if the position is available, email it to the CRA (Board Member Katz left the dais at 8:17 p.m.) Attorney Duhy explained at that time, an amount would be provided. She will bring back language for the next meeting. Motion Board Member Romelus moved to change the agreement from at the end of the period (November 2022) that 50% employee reimbursement at 30 days and the full 100% after 90 days in Section 19.2.D. Vice Chair Hay seconded the motion. (Board Member Katz returned to the meeting at 8:18 p.m.) Vote The motion passed unanimously. This item will be placed on the Consent Agenda. G. Consideration of the Purchase of Green Acres Condominiums and 409 NE 1st Street Properties (TABLED 12114121) Ms. Shutt advised Mr. Fitzpatrick was supposed to bring back terms listen. If the information is not received, it will not be placed on the next agenda. Chair Grant noted 409 NE 1St Street is adjacent to the Cottage District, Board Member Katz thought the Board should prioritize the Ocean Avenue property. Motion Board Member Katz moved to remove from the table. Board Member Romelus seconded the motion. Chair Grant thought if they could get the land on 409 NE 1St Street property for $300K compared to the amount of land they purchased on NE 4th Avenue for over $250K they are buying the same acreage for 60% of the cost. If they want affordable housing in the HOB, this can help. It would allow the purchase they made for the single-family home, to have a much better value than leaving it to the whims of a developer because if 18 THIRD AMENDMENT TO PURCHASE AND DEVELOPMENT AGREEMENT, DATED OCTOBER 26, 2017 Between BOYNTON BEACH COMMUNITY REDEVELOPMNENT AGENCY And BZ WOOD PROPERTIES, LLC This Third Amendment to Purchase and Development Agreement("Second Amendment')is made and entered into April , 2022, by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency, created pursuant to Chapter 163,Part III, of the Florida Statutes (hereinafter Seller"), and BZ WOOD PROPERTIES, LLC, with a business address of 725 N. Federal Highway, Boynton Beach, Florida 33435 (hereinafter the "Purchaser," and together with the Seller the "Parties"). WHEREAS, the Parties entered into that certain Purchase and Development Agreement, (hereinafter "Agreement'), relating to property located at 711 N. Federal Highway, Boynton Beach, Florida 33435, on October 26, 2017; and WHEREAS, the Parties entered into a First Amendment to the Agreement on February 12, 2020; and WHEREAS,the Parties entered into a Second Amendment to the Agreement on December 10, 2020; and WHEREAS, the Parties desire to amend certain terms and conditions of the Agreement as more particularly described below NOW THEREFORE, in consideration of the mutual covenants and promises set forth herein, the sufficiency of which both Parties acknowledge, the Parties agree as follows: I. Incorporation. The above recitals are hereby incorporated herein as if fully set forth. II. Amendments. Section 19.2.d. shall be stricken and replaced as follows: 711 N. Federal Highway Renovation Grant—Purchaser shall be eligible for this grant according to the following formula up to, and not exceeding $50,800.00: 01599215-3 Purchaser shall submit documentation evidencing how many new full-time (at 40 hours per week) and/or part-time local employees (at least 20 hours a week)Purchaser has hired for employment at the Project. The total amount of the grant reimbursement available to Purchaser shall be based on the documentation provided by the Purchaser and shall be determined by multiplying the total number of new full-time employees hired by Purchaser for the Project by $4,233.33 and the number of new part-time local employees hired by the Purchaser for the Project by$2,116.67,for a total grant award not to exceed Fifty Thousand Eight Hundred Dollars ($50,800.00) to be paid on a reimbursement basis for construction costs associated with the renovation of the Property. Purchaser is eligible for 50% reimbursement under this paragraph for each new employee hired after 30 days of employment, and the remaining 50%reimbursement for each new employee hired after 90 days of employment. Reimbursement shall be made within thirty (30) days of the CRA Board's receipt and approval of the appropriate documentation pursuant to this paragraph. Reimbursement by the Seller shall only apply to brand new positions, not vacancy replacements by Purchaser. III. General. Except as expressly set forth in this Third Amendment, the Agreement is unmodified and remains in full force and effect and is hereby ratified and confirmed by the Parties. This Third Amendment may be executed in a number of counterparts, 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 Third Amendment, this Third Amendment shall control. IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment to be executed on the day and year written below. 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Lr�. f"O < m EL ,0 A E 0 CL a: Lr} m C: 4-J < Ln -a f"O E m ON a) — .. @j -0 cc 0 co c: 7� 0 r14 C Lr� 4- UO 4-J to 0 E 'E a) 0 U c 0 4-J mLr� C: -i V m CL m C: C: C: 4-J Cc 3: tri f6 m 73 a) -0 V) L) 73 cc a) 0 a) Jn a) 0 1 (a --i u _0 73 0 rim m L- a) — .L) Lr LLj � o o E E 0 0 cc cc --1 .1 213 1 < a- a) U- CA H CA O E �n O N U C � .N L L 7 N L t0 L CM O O M N v= � p 0 `O 0 r- O C: M � � 0 S M UU 7 P Q N Ln �S BOYNTO immiBEACH C d CRA BOARD M EETING OF: April 12, 2022 OLD BUSINESS AGENDAITEM: 16.13. SUBJECT: Discussion and Consideration of a Second Lease Extension Request for Mr. Freddie Brinley Located at 517 1/2 East Ocean Avenue,Apartment#5 SUMMARY: During the CRA's due diligence process when purchasing the properties located at 511, 515 and 529 E. Ocean Avenue, it was identified that two of the remaining residential tenants' leases were due to expire in January 2022. On December 16, 2021, the CRA purchased the properties located at 511, 515 and 529 E. Ocean Avenue (Attachments I & 11). A condition of the purchase was the assignment/assumption of all current leases related to the properties (Attachment 111). At the December 14, 2021, CRA Board meeting, the CRA Board indicated that the lease extension requests may be considered by the Board after the ownership transfer. On December 31, 2021, Freddie Brinley, a residential tenant of 517 1/2 E. Ocean Avenue, Apartment #5, requested an extension to his lease (Attachment IV). Mr. Brinley paid his January 2022 rent even though his lease terminated on January 5, 2022 (Attachment V). The CRA Board approved Mr. Brinley's lease extension for ninety (90) days, terminating on April 6th, 2022 (Attachment V I). On April 5, 2022, Mr. Brinley requested an additional extension to his lease (Attachment VI 1). Mr. Brinley paid his April 2022 rent even though his lease terminated on April 6, 2022 (Attachment VI 11). CRA legal counsel has provided the attached draft Second Lease Extension Agreement for the Board's review and consideration (Attachment I X). CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan - Downtown District CRA BOARD OPTIONS: 1. Approve Freddie Brinley's second request for an extension to his lease for a specified date and authorize the Board Chair to execute the Second Lease Extension Agreement. 2. Do not approve Freddie Brinley's second request for an extension to his lease and provide CRA staff with direction. 3. Alternative direction as determined by the CRA Board. ATTACHMENTS: Description D Attachment I -517 1/2 East Ocean Avenue Location Map D Attachment II -Warranty Deed D Attachment III -Assignment of Leases D Attachment IV - Freddie Brinley Request for Extension D Attachment V - Lease D Attachment VI - Minutes Approving Lease Extension D Attachment VII - Freddie Brinley Second Lease Extension Request D Attachment VIII - Executed Lease Extension D Attachment IX - Draft Second Lease Extension 12/30/21, 10:14 AM PAPA Maps EA DOROTHYJACKS , 2 CFA,AAS �t iit Palm Beach County Property Appraiser PAh nc4P e rch by tsar✓ne;r,Address or Parcel �sr z 1 , t � View Property Record ''�� Owners ' k 7 {ff s 500 OCEAN PROPERTIES LLC r � Property Detail )J0,11 Loc tiz,n 511 E OCEAN AVE fAunicil lltr BOYNTON BEACH tcrl Hc, 08434528030060100 ut �p- a,ill BOYNTON TOWN OF IN i�1� z S -- i r z 7k 24665a-, 1688 r ..>aeC,teJUN-2011 �1� { 511 EOCEAN AVE i� ,lln,aj�:I - BOYNTON BEACH FL rl � �it� �� u i• �� i, 334354923 im 1 200- 1 Llsr T 1 r STORE/OFFICE/RESIDENTIAL )rJl � ,. Tz t,�l 7702 s Sales Information Sales Date Price u .JUN-2011 10 JAN-1975 100 + t ' JAN 1970 60000 ,.. E dcea�t Atv�e Appraisals Tax Year 2021 rriprtn nt`w lu:; $302,490 Lam,'Valu,,, $201,870 ToiAS/-ik.,iV.b.z $504,360 k All values are as ofJanuary 1st each year ' �I rr °" '0 ; I Assessed/Taxable values ,s Tax Year 2021 - P A:__ „'v alu" $504,360 E:'-Ili n)+,.ri $0 - T-�x lel, )I.k— $504,360 Taxes Tax Year 2021 val«rem $10,702 [1c"n Val"I"I i $3,1 51 Too,l t.ux $13,853 https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434528030060100 1/1 Prepared bland return to: Kenneth W. Dodge Lewis, Longman& Walker, P.A. 360 South Rosemary Avenue,Suite 1100 West Palm Reach,FL 33401 Telephone: 561-640-0820 File Number: 21-0060 Special Warranty Deed This Special Warranty Deed made this 16th day, of December, 2021, between 500 Ocean Properties, LLC, a Florida limited liability company,whose post office address is 511 E. Ocean Avenue, Boynton Beach, FL 33435, grantor. and Boynton Beach Community Redevelopment Agency, a public agency created pursuant to Chapter 163, Part III,of Florida Statutes, whose post office address is 100 E. Ocean Avenue,4th Floor, Boynton Reach, FL 33435, grantee: (Whenever med herein the terms grantor and grantee include all the parii"to this instrument and the heirs,legal representatives,and assigns ohndividUak. and the SUCCOOOr!,and a,"qpis of c4aporattons'trusts and tru�tceo Witnesseth, that said grantor, for and in consideration of the surr TEN AND N01100 DOLLARS ($10.00)and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, Situate. lying and being in Palm Reach County, Florida.to-wit: PARCEL 1: Lot 10, Less the South 8 feet thereof, and the West 7 feet 8 inches of Lot 11, Less the South 8 feet thereof, Block 6, Boynton, according to the plat thereof, as recorded in Plat Book 1, Page 23, of the Public Records of Palm Beach County, Florida. PARCEL 2: The Last 42 feet 4 inches of Lot 11, Less the South 8 feet thereof, in Block 6, Boynton, according to the plat thereof, as recorded in Plat Book 1, Page 23, of the Public Records of Palm Beach County, Florida. PARCEL 3: Lot 12, Block 6, Original Town of Boynton, according to the plat thereof, recorded in Plat Book 1, Page 23, of the Public Records of Palm Beach County, Florida. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in tee simple fiii-ever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee sirnple; that the grantor has good right and lawful authority to sell and convey said land, that the grantor hereby fully wart-ants the title to said land and will defend the same against the lawful claims of 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. DoubleTime" i Signed,sealed and delivered in our presence: 500 Ocean Propc�,-Iies 1fA,C w J Witness ante: Hary # . ver. [ . Man tr Member Witness Na e: 1 „5_ Ave, (Corporate Seal) State of Florida County of Palm Beach The foregoing instrument was acknowledged before me by means of [X] physical presence or (_] online notarization, this 16th day- of December, 2021, by Harvey E. Myer, III of 500 Ocean Properties, IA,(.', on behalf of the corporation. Flelshe [j is personally known to me or[X] has produced a driver's license as identific< )n- [Notary Seal] Notary Public Printed Name; — --:_._... ,py !U®1 GINGER CARLISLE ROGERS * * Commission#GG963105 My Commission Expires: 04 _lC ._/ Expires Match 10, tsar�rR` Baidid 11rne BudoN NoirrY Special If(wrurNy Oeod-Page 2 boubleTimeO ASSIGNMENT AND ASSUMPTION OF LEASES THIS ASSIGNMENT AND ASSUMPTION OF LEASES (here :rpl�pr, referred to as the "Assignment") Is made and entered Into as of he I �11 day of December, 2021, by and between SOO OCEAN PROPERTIES, LLC, a Florida limited liability company (hereinafter referred to as "Assignor"), and BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of Florida Statutes (hereinafter referred to as "Assignee"),who agree as follows: 1. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor does hereby assign all of Assignor's right,title and Interest as Landlord In,to and under those certain Lease Agreements (together with any and all amendments, modifications and renewals thereto) attached hereto as Exhibit "A" and made a part hereof (hereinafter referred to as the "Lease"), pertaining to the real property described therein (hereinafter referred to as the "Premises"), together with all security deposits, If any, referred to In the Leases. Assignee hereby accepts the foregoing assignment and assumes and agrees to perform the obligations of the Landlord under the Leases to be performed on and following the date hereof. 2. Warran le,, Rer resentations and Covenants. Assignor hereby warrants, represents and covenants as follows as to the Leases: (a) The Leases are In full force and effect and have not been modified or amended. (b) Assignor knows of no claims of default by the Tenant under the Leases. (c) Assignor has full power and authority to assign the Leases and the Leases have not been previously assigned or pledged as collateral In connection with any financing of the property. (d) Assignor Is unaware of any condition which with the passage of time, the giving of notice, or both, would constitute a default by either Assignor or the Tenant under the Leases. 3. Indemnification. cation. Assignor does hereby agree to defend, Indemnify and hold harmless Assignee from any liability, damages, causes of action, expenses and reasonable attorneys' fees Incurred by Assignee by reason of the failure of Assignor to have performed and discharged all obligations and liabilities of the Landlord to be performed pursuant to the Leases prior to the date of this Assignment. Assignee does hereby agree to defend, indemnify and hold harmless Assignor from any liability, damages, causes of action, expenses and reasonable attorneys' fees incurred by Assignor by reason of the failure of Assignee to have Assignment and Assumption of Lease Page 2 of 3 performed and discharged all obligations and liabilities of the Landlord to be performed pursuant to the Leases from and after the date of this Assignment. 4. Attorneys' Fees. In the event of any litigation between the parties arising under this Assignment, the prevailing party in such litigation shall be entitled to recover from the non-prevailing party its reasonable attorneys'fees and other legal expenses. 5. Successor,end Assigns. This Assignment shall bind and benefit the parties hereto and their respective successors and assigns. 6. Notice to Tenant., Notice of this Assignment may be given by either Assignor or Assignee to the Tenant under the Leases. ASSIGNOR: ASSIGNEE: 500 OCEAN P, OPERTIES,LLC BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY r,. HA VEYE. O R, Ill, ' aging Member Steven B. Grant,Chair Date: - -��*'� �' ti� . �= Date: r7rsa4x�r Assignment and Assumption of Lease Page 2 of 3 performed and discharged all obligations and liabilities of the Landlord to be performed pursuant to the Leases from and after the date of this Assignment. 4. Attorneys' Fees. In the event of any litigation between the parties arising under this Assignment, the prevailing party in such litigation shall be entitled to recover from the non-prevailing party its reasonable attorneys'fees and other legal expenses. 5. Successors and Assigns. This Assignment shall bind and benefit the parties hereto and their respective successors and assigns. 6. Notice to Tenant. Notice of this Assignment may be given by either Assignor or Assignee to the Tenant under the Leases. ASSIGNOR: ASSIGNEE: 500 OCEAN PROPERTIES, LLC BOYNTON BEACH COMMUNITY . r REDEVELO T A -NCY � HARVEY E. OYER, 111, Managing Member Steven B. Grant, Chair Date: Date: _ Assignment and Assumption of Lease Page 3 of 3 Exhibit "A" Lease Agreements See Attached Leases: Scott Rudderow Freddy Brinley _Oyer, Macoviak and Associates Cafe Barista, Inc. Kala Marketing Group Florida Technical Consultants, LLC 01584220-1 SCOTT RUDDEROW APT. #3 RENEWAL RESIDENTIAL LEASE AGREEMENT THIS RESIDENTIAL LEASE AGREEMENT ("Lease") is made effective as of the 15th day of November 2017, between 500 OCEAN PROPERTIES. LLC, a Florida limited liability company, whose mailing address is 511 East Ocean Avenue, Boynton Beach,Florida 33435("LANDLORD")and SCOTT RUDDEROW('`TENANT"),whose address shall be the address of the"Property"described below. WITNESSETH: That LANDLORD, for and in consideration of the covenants, agreements and conditions herein contained,on the part of TENANT to be kept and performed,does hereby lease to TENANT,and TENANT does hereby lease from LANDLORD,the one bedroom, one bathroom apartment located at 517 1/2 East Ocean Avenue,Apartment No.3,Boynton Beach, Florida 33435("Property''). The tcrms and cunditiuns of this Lcasc are as fulluws: 1. TERM. The term of this Lease shall be for one (1) year, commencing on November 15,2017,and unless earlier terminated in accordance with the terms of this Lease,expiring at 12:00 midnight on November 14,2018. 2. RENT. (a) TENANT agrees to pay to LANDLORD in lawful money of the United States each month during the Term of this Lease, the sum of Seven Hundred and No/100 Dollars($700.00) ("Rent"). Rent shall be paid at LANDLORD'S address stated above,or at such other place as LANDLORD may specify in writing. (h) In addition to any other rights of LANDLORD hereunder, In the event TENANT shall fail to pay rent or other sums due hereunder on its due date.TENANT shall pay to LANDLORD a late fee in the amount of Twenty and No/]00 Dollars for each calendar day that the rent is late beyond the due date. The late fee is not a penalty, but liquidated damages to defray administrative and related expenses due to such late payment. 3. SECURITY DEPOSIT. Upon execution hereof:TENANT shall pay to LANDLORD:(i)the sum of Seven Hundred and No/100 Dollars($700.00)as prepaid first month's rent: and (ii) the sum of Seven Hundred and No/100 Dollars ($700.00) as prepaid last month's rente: and (iii) the sume of Seven Hundred and No/100 ($700.00) representing the Security Deposit. This is a total of Two Thousand One Hundred and No/100 Dollars($2100.00) 4. OCCUPANCY AND USE OF THE PREMISES. (a) TENANT shall occupy the Property as a residential apartment for TENANT only.TENANT shall not change,alter or install locks without the prior written consent of LANDLORD. (b) TENANT shall not allow any pets or animals greater than ten (10) pounds on the Property without LANDLORD'S prior written consent(which shall be given or denied in LANDLORD's sole and absolute discretion). If LANDLORD, in its sole and absolute discretion,allows TENANT to have an animal in excess often(10)pounds on the Property, TENANT shall pay to LANDLORD an additional security deposit of Five Hundred and No/100 Dollars($500.00)to protect LANDLORD from costs and expenses associated with damage to the Property caused by the animal or cleaning costs resulting from animal being on the Property("Animal Security Deposit"). In addition, TENANT shall obtain a liability insurance policy covering risks associated with owning the animal, with limits of no less than $100,000 per incident, naming LANDLORD as an additional named insured,and requiring thirty(30)days advance written notification to I.ANni.01111 prior to any modification, termination, or expiration of the liability insurance policy. If LANDLORD determines that TENANT did permit pets or animals on the Property in violation of the foregoing restriction, or if TENANT's pet has caused damage to. or the need to clean, the Property, such breach shall be considered a material breach entitling LANDLORD to all remedies provided for herein, including but not limited to retention of the Animal Security Deposit and immediate eviction. TENANT hereby acknowledees and n reel that TENANT shall be solei and e nally responsible for all loss costs dame es or ig'u caused TENANT'S ets and shall Indemnify LANDLORD and all third parties who suffer loss cost.-Injun,or dams a as s a result of TENANT'S ets beige located on the Property. (c) No smoking= shall be permitted within the apartment, in the hallways, or common areas at anytime with no exce tions. TENANT acknowledees that t each apartment contains a as stove/oven and that smoking within the 9M rtment hallways,or common areas by TENANT ses a hazard to all p±rsons in the buildin . (d) TENANT shall abide by and comply with all reasonable rules and regulations now or hereafter promulgated by LANDLORD and all ordinances and laws of all governmental entities,whether federal,state or local,having jurisdiction in the matter. TENANT shall neither permit not commit,whether with or without knowledge or consent, any immoral, improper or unlawful practice or act in or upon the Property. TENANT agrees not to make,nor permit to be made,any disturbance,noise or annoyance of any kind which is detrimental to the Property. TENANT shall not, in any manner,alter,damage or deface the Property. (e) Provided that TENANT abides by all terms, obligations, and covenants of this Lease, TENANT shall enjoy quiet and peaceful possession of the Property during the Term. 5. UTILITIES. (a) During the Term, LANDLORD shall pay the cost of water and sewer service, garbage service,gas service,and quarterly pest control. During the Term, TENANT agrees to pay all utility charges for electricity,telephone,television/internet,and any other utilities or services used at the Property, including all installation and activation fees and any deposits required by such utility providers. (b) Except in the instance of LANDLORD'S negligence.LANDLORD shall not be liable to TENANT in the event any utility services are interrupted or become unavailable. for any reason whatsoever, and such interruption or unavailability shall not constitute actual or constructive eviction,nor be deemed an interference with TENANT's occupancy of the Property,nor shall Rent he abated during any such period of interruption or unavailability. 6. MAINTENANCE AND REPAIRS:HURRICANE PROTECTION_: SURRENDER OF PROPERTY: AND INSURANCE. (a) TENANT shall,at its sole expense,keep and maintain the Property in good,clean and sanitary condition and repair during the Term of this Lease. Except for repairs due to TENANT's misuse,waste,or neglect or that of TENANT's family members, agents or visitors.the LANDLORD will be responsible for the repair and replacement of the roof:air conditioning system.and appliances. (b) TENANT shal I not drain,nor permit the drainage of:grease into the toilets or sinks. (c) In the event of a hurricane watch or hurricane warning, TENANT shall use reasonable efforts to secure the Property against damage. (d) LANDLORD shall engage a professional pest control contractor to provide calendar quarterly pest control service. (e) TENANT shall.at the end of the Lease term,surrender and deliver to LANDLORD the Property,without demand. "broom clean" and in the same condition as it existed on the commencement date hereof,reasonable wear and tear excepted. (f) During the Term, TENANT shall provide,at TENANT'S expense. any insurance that TENANT desires to insure TENANT'S personal property located at the Property. Under no circumstance shall LANDLORD be res onsible or liable for TENANT'S Mrsonal,,Lroggrtv Iocated at the Property. 7. NO ADDITIONS OR ALTERATIONS. (a) TENANT shall not make any additions, changes or alterations in and upon the Property(including,without limitation,painting of portions of the Property) of any nature whatsoever without the prior written consent of LANDLORD,which consent may be given or withheld in LANDLORD's sole discretion. LANDLORD may remove or change, at TENANT's cost and expense, any addition. change or alteration made by TENANT without LANDLORD's consent,the charge for which shall be paid by TENANT upon demand. TENANT shall not permit or install nails, screws or adhesive hangers except standard picture hooks: and no nails, screws or hangers may be placed in walls. woodwork or any part of the Property. (b) No personal propcity, appliances or fixtures shall be removed by TENANT without the prior written consent of LANDLORD. LANDLORD's interest in the Property shall not be subject to mechanics' or other liens for improvements made by TENANT nor for services,labor or materials performed at TENANT's request. (c) If any lien is filed against the Property for improvements or work claimed to have been done or for materials claimed to have been furnished to TENANT, the lien shall be discharged by TENANT within ten (10) days thereafter, at TENANT's expense, and TENANT shall indemnify LANDLORD for any loss, cost, or expense incurred by LANDLORD as a result of TENANT'S violation of this provision. The foregoing indemnification shall survive termination or expiration of this Lease. 8. DESTRUCTION BY CASUALTY. In the event the Property or any portion thereof may be rendered untenantable by reason of fire, explosion or any other casualty, LANDLORD, at LANDLORD's option, may either repair the Property to make the same tenantable within sixty (60) days thereafter. or terminate this Lease. In such event. LANDLORD shall give TENANT ten(10)days'notice in writing of LANDLORD's intention to repair or terminate this Lease. If LANDLORD elects to repair the damaged Property. LANDLORD shall proceed with due diligence and TENANT's Rent for that period of time during which the Property is or remains untenantable shall be abated or apportioned. 9. PROPERTY LOSS. DAMAGE AND INDEMNIFICATION. (a) The taking of possession of the Property by TENANT shall be conclusive evidence that the Property is in all respects in good and satisfactory condition and acceptable to TENANT. LANDLORD shall not be liable to TENANT, TENANT's family members,agents,licensees or invitees,for damage to persons or property caused by any individual or entity. LANDLORD shall not be liable for any patent or latent defects in the Property. (b) LANDLORD shall not be liable for the presence of bugs,vermin or insects in the Property. TENANT hereby releases LANDLORD from any and all claims for loss, damage or injury of any nature whatsoever to person or property, including (without limitation)damage caused by theft,vandalism,water,smoke,fire or other causes, or resulting in any way from or in any fashion arising from or connected with the occupancy or use of the Property. (c) TENANT further agrees to hold LANDLORD harmless and to indemnify LANDLORD from and against any and all claims, liabilities,actions,causes of action,damages,costs and expenses whatsoever which may arise out of,result from or be attributable to TENANT's use or occupancy of the Property,or any act or omission thereon (whether by TENANT. TENANT's family members, agents, employees. licensees or invitees), which indemnification shall include attomeys'fees at trial and appellate levels. The foregoing indemnification shall survive termination or expiration of this Lease. (d) LANDLORD'S insurance does not cover loss or damage to any of TENANT's personal property or possessions. If TENANT desires insurance coverage for any of TENANT's personal property or possessions, TENANT shall obtain and pay for any such insurance coverage. 10. ASSIGNMENT OR SUBLEASING. TENANT shall neither sublet the Property or any part thereof nor assign(voluntarily or by operation of law)this Lease or any interest therein, nor mortgage nor encumher the Property or this Lease. 11. RIGHT OF ENTRY. LANDLORD shall have the right by or through itself or its agents or employees, to enter the Property at all reasonable hours. LANDLORD' entry into the Property shall be for the purpose examining it and to, in LANDLORD's sole discretion, make such repairs and alterations as LANDLORD may deem necessary to insure the orderly and proper maintenance of same. In addition, LANDLORD specifically reserves the right to enter upon the Property at reasonable times after first having informed TENANT of LANDLORD's intention to do so, for the purpose of showing the Property to prospective:(i)tenants;(ii)purchasers;or(iii)mortgagees. 12. DEFAULT. (a) If TENANT shall fail to pay any installment of Rent or other sums on the due date or if TENANT should fail to keep and perform each and every one of the terms and conditions of this Lease,then and in any of such events,TENANT will be in default hereunder. If TENANT should become in default hereunder,LANDLORD will have any and all of the rights and remedies which the law of Florida confers upon a landlord against a tenant in default, including, without limitation, the right to: (i) terminate this Lease and sue for unpaid Rent;and/or(ii)accelerate the entire unpaid balance of the Rent for the Term of this Lease and sue for the collection of such Rent; and/or (iii)take possession of the Property(and any and all of TENANT's personal property therein)and, at LANDLORD's option,rent the Property for the account of TENANT. In the event that LANDLORD takes possession of the Property, it may remove TENANT's personal property and store same at the expense of TENANT, without being liable for damages therefor. In the event that LANDLORD takes possession of the Property and relets same for the account of TENANT. LANDLORD shall receive the Rent and other proceeds thereof and apply same first to payment of expenses which LANDLORD may have incurred in connection with taking possession and reletting(including,without limitation, the cost of brokerage,repair,alteration and all other sums)and apply any remaining Rent or proceedings to payment of Rent and other sums due hereunder and TENANT shall remain liable for any deficiency. If at the time of any default by TENANT there remains any unrefunded balance of the Security,then LANDLORD may retain the Security without the fact of such retention of the Security altering or limiting the right to immediate possession of the Property by LANDLORD or any other rights of LANDLORD in law or in equity. In the event TENANT shall fail to vacate the Property as and when required hereunder.TENANT shall be deemed a tenant at sufferance and, in addition to any other rights and remedies accorded to LANDLORD,TENANT shall be charged, for each day during its occupancy, an amount equal to 2501/6 of the rental amount which was due hereunder immediately prior to such holdover occupancy. (b) If, by reason of a default hereunder, a party employs an attorney to enforce or otherwise protect its rights hereunder and such party prevails in litigation resulting from the default, the non-prevailing party will owe and will pay the prevailing party's reasonable attorneys' fees (including fees at trial and appellate levels) and costs and expenses. 13. APPLIANCES AND AIR CONDITIONING. All fixtures and appliances at the Property are supplied by LANDLORD for the Term of this Lease and are owned by LANDLORD. 14. SUBORDINATION. This Lease is subject and subordinate to all ground or underlying leases,encumbrances, mortgages and other matters which may now or hereafter affect or become a lien upon the Property(or any portion thereof)and to any renewals,modifications,amendments,replacements or extensions thereof. TENANT shall execute any and all instruments as LANDLORD may request in order to effectuate or confirm the foregoing subordination and TENANT hereby irrevocably appoints LANDLORD as TENANT's attorney-in-fact to execute any and all such instruments. 15. CUMULATIVE REMEDIES: LAWS: NOTICES: INVALIDITY,• WAIVER: SURRENDER: ENTIRE AGREEMENT: SUCCESSORS AND ASSIGNS. All rights and remedies hcrcin created for the benefit of LANDLORD are cumulative and resort to any one remedy shall not be construed to be an election of remedies on the part of LANDLORD or to exclude or prevent LANDLORD's resort to any other remedy in this Lease. This Lease shall be construed in accordance with Florida lay. All notices shall be hand-delivered or mailed by certified mail,return receipt requested,to LANDLORD at the address for payment of Rent and to TENANT(after the date ofcommencement of the Term of this Lease)at the property address. Notices to TENANT mailed in accordance with the terms hereof shall be deemed given when mailed: however, notices to LANDLORD shall be deemed received only upon actual receipt.Notices to TENANT may be effectuated by personally serving same on TENANT, any member of TENANT's family or any agent of TENANT found at or upon the Property. If any part or provision of this Lease is deemed by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions,all of which shall remain in full force and effect. No act or thing done by LANDLORD shall be deemed an acceptance of a surrender of the Property or this Lease, and no agreement to accept the Property and surrender the Lease shall be valid unless in writing signed by LANDLORD. Delivery of keys to LANDLORD or its agent shall not operate as a termination of this Lease or a surrender of the Property. The failure of LANDLORD to insist upon the strict performance of any provision of this Lease shall not constitute a waiver of any subsequent act or failure of performance. Receipt of Rent by LANDLORD with knowledge of breach of any provision of this Lease shall not be deemed a waiver of such breach. No provision of this Lease shall be deemed to have been waived by LANDLORD unless such waiver shall be in writing signed by LANULUKU and no payment of Rent of a lesser amount than that due, nor any endorsement or statement on a check, shall be deemed an accord and satisfaction and LANDLORD may accept such check or payment without prejudice to its right to recover any unpaid rent or other sums, or to pursue any remedy provided in this Lease. This Lease contains the entire agreement between the parties with respect to the IN WITNESS WHEREOF, the parties hereto have executed this Leasc on the date and year first above written. WITNESSES: LANDLORD: 500 Ocean Properties, LLC By: Christian Macoviak, its Managing Member TENANT. —e«. ......... Sena nddermu Phone X642, Email 1 Z<o(P.Sr'� triQi -COL , Emergency Contact CS(fir 'r7o -5057 subject matter and supersedes any prior or oral agreements or understandings. All promises,covenants and agreements set forth in this Lease shall be binding upon and inure to the benefit of the parties hereto, and (to the extent permitted) their respective heirs, personal representatives.successors and assigns. 16. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities,may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state requirements have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. [SIGNATURES CONTAINED ON FOLLOWING PAGES] Renewal Lease Agreement June 24,2021 500 Ocean Properties, LLC and Scott Rudderow ("tenant") agree to renew lease on said premises know as 517%E Ocean Ave Apt#3, Boynton Beach,FL 33435, original lease dated 15th day of November 2018. For good consideration 500 Ocean Properties, LLC and Scott Rudderow("tenant") agrees to extend the said lease for a period of Mix-months,starting date of 15th day of July 2021 and terminating on the 14th day of January 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. Rent will increase to $745.00(seven hundred forty five). All other lease terms shall remain unchanged and continue during the lease extension period as is set forth herin. This agreement shall be binding upon and shall insure the benefit of the parties,their successors, assigns, personal agents and managing members. Landlord Date — i — L u Tenant_ j Date FREDDY BRINLEY APT. #5 RENEWAL RESIDENTIAL LEASE AGREEMENT THIS RESIDENTIAL LEASE AGREEMENT ("Lease") is made effective as of the 6th day of January 2019,between 500 OCEAN PROPERTIES, LLC,a Florida limited liability company, whose mailing address is 511 East Ocean Avenue, Boynton Beach, Florida 33435 ("LANDLORD") and FREDDIE BRINLEY ("TENANT"), whose address shall be the address of the"Property"described below. WITNESSETH: That LANDLORD, for and in consideration of the covenants, agreements and conditions herein contained,on the part of TENANT to be kept and performed,does hereby lease to TENANT,and TENANT does hereby lease from LANDLORD,the one bedroom, one bathroom apartment located at 517 1/2 East Ocean Avenue,Apartment No 5, oynton Beach, Florida 33435 ("Pro "). The terms and conditions of this Lease are as follows: 1. TERM. The term of this Lease shall be for one (1) year, commencing on January 6,2019,and unless earlier terminated in accordance with the terms of this Lease, expiring at 12:00 midnight on January 2,2020 - 2. -..RENT. (a) TENANT agrees to pay to LANDLORD in lawful money of the United States each month during the Term of this Lease, the sum of Nine Hundred Fifty and No/100 Dollars ($950.00) ("Rent"). Rent shall be paid at LANDLORD'S address stated above,or at such other place as LANDLORD may specify in writing. (b) In addition to any other rights of LANDLORD hereunder, in the event TENANT shall fail to pay rent or other sums due hereunder on its due date,TENANT shall pay to LANDLORD a late fee in the amount of Twenty and No/100 Dollars for each calendar day that the rent is late beyond the due date. The late fee is not a penalty, but liquidated damages to defray administrative and related expenses due to such late payment. 3. SECURITY DEPOSIT. Upon execution hereof,TENANT shall pay to LANDLORD: (i) the sum of Nine Hundred Fifty and No/100 Dollars ($950.00) as prepaid first month's rent: and (ii) the sum of Nine Hundred Fifty and No/100 Dollars ($950.00)as prepaid last month's rent:and(iii)the sum of Nine Hundred Fifty and No/100 ($950.00) representing the Security Deposit. This is a total of Two Thousand Eight Hundred Fifty and No/100 Dollars($2850.00) 4. OCCUPANCY AND USE OF THE PREMISES. (a) TENANT shall occupy the Property as a residential apartment for TENANT only. TENANT shall not change, alter or install locks without the prior written consent of LANDLORD. (b) TENANT shall not allow any pets or animals greater than ten (10) pounds on the Property without LANDLORD'S prior written consent(which shall be given or denied in LANDLORD's sole and absolute discretion). If LANDLORD,in its sole and absolute discretion,allows TENANT to have an animal in excess of ten(10)pounds on the Property, TENANT shall pay to LANDLORD an additional security deposit of Five Hundred and No/100 Dollars ($500.00) to protect LANDLORD from costs and expenses associated with damage to the Property caused by the animal or cleaning costs resulting from animal being on the Property ("Animal_Security D osit"). In addition, TENANT shall obtain a liability insurance policy covering risks associated with owning the animal, with limits of no less than $100,000 per incident, naming LANDLORD as an additional named insured,and requiring thirty(30)days advance written notification to LANDLORD prior to any modification, termination, or expiration of the liability insurance policy. If LANDLORD determines that TENANT did permit pets or animals on the Property in violation of the foregoing restriction, or if TENANT's pet has caused damage to, or the need to clean, the Property, such breach shall be considered a material breach entitling LANDLORD to all remedies provided for herein, including but not limited to retention of the Animal Security Deposit and immediate eviction. TENANT hereby acknowledges and a rees that TENANT shall be sole!y and personaft responsible for all Ioss costs damages,or kjuEy caused by TENANT'S gets and shall indemnify LANDLORD and aU third partles,who suffer los cos in yX or damage as a result of TENANT'S pets being located on the Prone - (c) No smokin shall be_permitted_within the apartment, in the hallways,or common areas at anytime with no exceptions. TENANT acknowledges that each al2artment contains a gas stoveloven and that smokin within the apartment hallways,or common areas by TENANT possa a hazard to all persons in the building. (d) TENANT shall abide by and comply with all reasonable rules and regulations now or hereafter promulgated by LANDLORD and all ordinances and laws of all governmental entities, whether federal, state or local,having jurisdiction in the matter. TENANT shall neither permit not commit,whether with or without knowledge or consent, any immoral, improper or unlawful practice or act in or upon the Property. TENANT agrees not to make,nor permit to be made,any disturbance,noise or annoyance of any kind which is detrimental to the Property. TENANT shall not, in any manner,alter,damage or deface the Property. (e) Provided that TENANT abides by all terms, obligations, and covenants of this Lease, TENANT shall enjoy quiet and peaceful possession of the Property during the Term. 5. UTILITIES. (a) During the Term, LANDLORD shall pay the cost of water and sewer service, garbage service, gas service, and quarterly pest control. During the Term, TENANT agrees to pay all utility charges for electricity,telephone,television/internet,and any other utilities or services used at the Property, including all installation and activation fees and any deposits required by such utility providers. (b) Except in the instance of LANDLORD'S negligence, LANDLORD shall not be liable to TENANT in the event any utility services are interrupted or become unavailable, for any reason whatsoever, and such interruption or unavailability shall not constitute actual or constructive eviction, nor be deemed an interference with TENANT's occupancy of the Property,nor shall Rent be abated during any such period of interruption or unavailability. b. MAINTENANCE AND REPAIRS;HURRICANE PROTECTION• SURRENDER OF PROPERTY-; AND INSURANCE. (a) TENANT shall,at its sole expense,keep and maintain the Property in good,clean and sanitary condition and repair during the Term of this Lease. Except for repairs due to TENANT's misuse,waste,or neglect or that of TENANT's family members, agents or visitors, the LANDLORD will be responsible for the repair and replacement of the roof,air conditioning system,and appliances. (b) TENANT shall not drain, nor permit the drainage of,grease into the toilets or sinks. (c) In the event of a hurricane watch or hurricane warning, TENANT shall use reasonable efforts to secure the Property against damage. (d) LANDLORD shall engage a professional pest control contractor to provide calendar quarterly pest control service. (e) TENANT shall, at the end of the Lease term, surrender and deliver to LANDLORD the Property, without demand, "broom clean"and in the same condition as it existed on the commencement date hereof,reasonable wear and tear excepted. (f) During the Term,TENANT shall provide, at TENANT'S expense, any insurance that TENANT desires to insure TENANT'S personal property located at the Property. Under no circumstance shall LANDLORD be responsible or liable for TENANT'S ersonal Rroperty located at the Proue 7. NO ADDITIONS OR ALTERATIONS. (a) TENANT shall not make any additions, changes or alterations in and upon the Property(including, without limitation,painting of portions of the Property) of any nature whatsoever without the prior written consent of LANDLORD,which consent may be given or withheld in LANDLORD's sole discretion. LANDLORD may remove or change, at TENANT's cost and expense, any addition, change or alteration made by TENANT without LANDLORD's consent,the charge for which shall be paid by TENANT upon demand. TENANT shall not permit or install nails, screws or adhesive hangers except standard picture hooks; and no nails, screws or hangers may be placed in walls, woodwork or any part of the Property. (b) No personal property, appliances or fixtures shall be removed by TENANT without the prior written consent of LANDLORD. LANDLORD's interest in the Property shall not be subject to mechanics' or other liens for improvements made by TENANT nor for services,labor or materials performed at TENANT's request. (c) If any Iien is filed against the Property for improvements or work claimed to have been done or for materials claimed to have been furnished to TENANT, the lien shall be discharged by TENANT within ten (10) days thereafter, at TENANT's expense, and TENANT shall indemnify LANDLORD for any loss, cost, or expense incurred by LANDLORD as a result of TENANT'S violation of this provision. The foregoing indemnification shall survive termination or expiration of this Lease. 8. DESTRUCTION.BY CASUALTY. In the event the Property or any portion thereof may be rendered untenantable by reason of fire, explosion or any other casualty, LANDLORD, at LANDLORD's option, may either repair the Property to make the same tenantable within sixty (60) days thereafter, or terminate this Lease. In such event,LANDLORD shall give TENANT ten(10)days'notice in writing of LANDLORD's intention to repair or terminate this Lease. If LANDLORD elects to repair the damaged Property, LANDLORD shall proceed with due diligence and TENANT's Rent for that period of time during which the Property is or remains untenantable shall be abated or apportioned. 9. PROPERTY LOSS. DAMAGE AND INDEMNIFICATION. (a) The taking of possession of the Property by TENANT shall be conclusive evidence that the Property is in all respects in good and satisfactory condition and acceptable to TENANT. LANDLORD shall not be liable to TENANT, TENANT's family members,agents,licensees or invitees,for damage to persons or property caused by any individual or entity. LANDLORD shall not be liable for any patent or latent defects in the Property. (b) LANDLORD shall not be liable for the presence of bugs, vermin or insects in the Property. TENANT hereby releases LANDLORD from any and all claims for loss, damage or injury of any nature whatsoever to person or property, including (without limitation)damage caused by theft,vandalism,water,smoke,fire or other causes, or resulting in any way from or in any fashion arising from or connected with the occupancy or use of the Property. (c) TENANT further agrees to hold LANDLORD harmless and to indemnify LANDLORD from and against any and all claims,liabilities,actions,causes of action,damages, costs and expenses whatsoever which may arise out of,result from or be attributable to TENANT's use or occupancy of the Property,or any act or omission thereon (whether by TENANT, TENANT's family members, agents, employees, licensees or invitees), which indemnification shall include attorneys' fees at trial and appellate levels. The foregoing indemnification shall survive termination or expiration of this Lease. (d) LANDLORD'S insurance does not cover loss or damage to any of TENANT's personal property or possessions. If TENANT desires insurance coverage for any of TENANT's personal property or possessions, TENANT shall obtain and pay for any such insurance coverage. 10. ASSIGNMENT OR SUBLEASING. TENANT shall neither sublet the Property or any part thereof nor assign(voluntarily or by operation of law) this Lease or any interest therein,nor mortgage nor encumber the Property or this Lease. 11. RIGHT OF ENTRY. LANDLORD shall have the right by or through itself or its agents or employees, to enter the Property at all reasonable hours. LANDLORD' entry into the Property shall be for the purpose examining it and to, in LANDLORD's sole discretion, make such repairs and alterations as LANDLORD may deem necessary to insure the orderly and proper maintenance of same. In addition, LANDLORD specifically reserves the right to enter upon the Property at reasonable times after first having informed TENANT of LANDLORD'intention to do so, for the purpose of showing the Property to prospective: (i)tenants;(ii)purchasers;or(iii)mortgagees. 12. DEFAULT. (a) If TENANT shall fail to pay any installment of Rent or other sums on the due date or if TENANT should fail to keep and perform each and every one of the terms and conditions of this Lease,then and in any of such events,TENANT will be in default hereunder. If TENANT should become in default hereunder, LANDLORD will have any and all of the rights and remedies which the law of Florida confers upon a landlord against a tenant in default, including, without limitation, the right to: (i) terminate this Lease and sue for unpaid Rent; and/or(ii)accelerate the entire unpaid balance of the Rent for the Term of this Lease and sue for the collection of such Rent; and/or (iii) take possession of the Property(and any and all of TENANT's personal property therein) and, at LANDLORD's option,rent the Property for the account of TENANT. In the event that LANDLORD takes possession of the Property, it may remove TENANT's personal property and store same at the expense of TENANT, without being liable for damages therefor. In the event that LANDLORD takes possession of the Property and relets same for the account of TENANT, LANDLORD shall receive the Rent and other proceeds thereof and apply same first to payment of expenses which LANDLORD may have incurred in connection with taking possession and reletting(including, without limitation, the cost of brokerage, repair, alteration and all other sums) and apply any remaining Rent or proceedings to payment of Rent and other sums due hereunder and TENANT shall remain liable for any deficiency. If at the time of any default by TENANT there remains any unrefunded balance of the Security,then LANDLORD may retain the Security without the fact of such retention of the Security altering or limiting the right to immediate possession of the Property by LANDLORD or any other rights of LANDLORD in law or in equity. In the event TENANT shall fail to vacate the Property as and when required hereunder, TENANT shall be deemed a tenant at sufferance and, in addition to any other rights and remedies accorded to LANDLORD, TENANT shall be charged, for each day during its occupancy, an amount equal to 250% of the rental amount which was due hereunder immediately prior to such holdover occupancy. (b) If, by reason of a default hereunder, a party employs an attorney to enforce or otherwise protect its rights hereunder and such party prevails in litigation resulting from the default, the non-prevailing party will owe and will pay the prevailing party's reasonable attorneys' fees (including fees at trial and appellate levels) and costs and expenses. 13. APPLIANCES AND AIR CONDITIONING. All fixtures and appliances at the Property are supplied by LANDLORD for the Term of this Lease and are owned by LANDLORD. 14. SUBORDINATION. This Lease is subject and subordinate to all ground or underlying leases, encumbrances,mortgages and other matters which may now or hereafter affect or become a lien upon the Property(or any portion thereof) and to any renewals,modifications,amendments,replacements or extensions thereof. TENANT shall execute any and all instruments as LANDLORD may request in order to effectuate or confirm the foregoing subordination and TENANT hereby irrevocably appoints LANDLORD as TENANT's attorney-in-fact to execute any and all such instruments. 15. CUMULATIVE REMEDIES: LAWS-.NOTICES,• INVALIDITY• WAIVER• SURRENDER; ENTIRE AGREEMENT, SUCCESSORS AND ASSIGNS. All rights and remedies herein created for the benefit of LANDLORD are cumulative and resort to any one remedy shall not be construed to be an election of remedies on the part of LANDLORD or to exclude or prevent LANDLORD's resort to any other remedy in this Lease. This Lease shall be construed in accordance with Florida law. All notices shall be hand-delivered or mailed by certified mail,return receipt requested,to LANDLORD at the address for payment of Rent and to TENANT(after the date of commencement of the Term of this Lease)at the property address. Notices to TENANT mailed in accordance with the terms hereof shall be deemed given when mailed; however,notices to LANDLORD shall be deemed received only upon actual receipt.Notices to TENANT may be effectuated by personally serving same on TENANT, any member of TENANT's family or any agent of TENANT found at or upon the Property. If any part or provision of this Lease is deemed by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions,all of which shall remain in full force and effect. No act or thing done by LANDLORD shall be deemed an acceptance of a surrender of the Property or this Lease, and no agreement to accept the Property and surrender the Lease shall be valid unless in writing signed by LANDLORD. Delivery of keys to LANDLORD or its agent shall not operate as a termination of this Lease or a surrender of the Property. The failure of LANDLORD to insist upon the strict performance of any provision of this Lease shall not constitute a waiver of any subsequent act or failure of performance. Receipt of Rent by LANDLORD with knowledge of breach of any provision of this Lease shall not be deemed a waiver of such breach. No provision of this Lease shall be deemed to have been waived by LANDLORD unless such waiver shall be in writing signed by LANDLORD and no payment of Rent of a lesser amount than that due, nor any endorsement or statement on a check, shall be deemed an accord and satisfaction and LANDLORD may accept such check or payment without prejudice to its right to recover any unpaid rent or other sums, or to pursue any remedy provided in this Lease. This Lease contains the entire agreement between the parties with respect to the subject matter and supersedes any prior or oral agreements or understandings. All promises,covenants and agreements set forth in this Lease shall be binding upon and inure to the benefit of the parties hereto, and (to the extent permitted) their respective heirs, personal representatives,successors and assigns. 16. RADON AS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state requirements have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 17. PARKING.There is parking located behind the building but due to the limited spots, parking is also available on public parking lot and side street parking. Landlord does not guarantee parking directly behind building. [SIGNATURES CONTAINED ON FOLLOWING PAGES] r � IN WITNESS WHEREOF, the parties hereto have executed this Lease on the date and year first above written. WITNESSES: LANDLORD: 101 Ocean Properties, LLC By: Christian Macoviak,its Managing Member TENANT: Frcn is Brinley Phone 561-699-7147 Email S►r °cd arca Jl.cv Emergency Contact ., dl� •.� L1A. s `38.x.--�! G _. Lease Extension Agreement June 24, 2021 500 Ocean Properties, LLC and Freddie Brinley("tenant") agree to extend lease on said premises know as 517'/: E Ocean Ave Apt#5, Boynton Beach, FL 33435,original lease dated 6th day of January 2019. For good consideration 500 Ocean Properties, LLC and Freddie Brinley("tenant") agree to extend the said lease for a period of six-months,starting date of 61'day of July 2021 and terminating on the 5th day of January 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, Freddie Brinley("tenant") agrees to pay rent in the amount of$1030.00 (one thousand thiry)per month. Payment is to be received by the 6th of each month. All other lease terms shall remain unchanged and continue during the lease extension period as is set forth herin. Per Section 4(c)of the original lease,there is no smoking permittted within the apartment,in the hallways,or common areas at anytime with no exceptions. I will issue an Immediate lease termination if this occures.Stairs are part of common area. Initial Per Section 4(a)of the original lease,Tenant shall occupy the Property as a residential apartment for Tenant Only. Initial You are the only named tenant. Anyone over the age of 18, if residing in the apartment we will need a written request to review to add to lease. This agreement shall be binding upon and shall insure the benefit of the parties,their successors, assigns,personal agents and managing members. Landlord a. ��t 4 Date — -- . Tenant ' c Date " '`-2021 OYER, MACOVIAK AND ASSOCIATES 511 & 513 E. Ocean Avenue a a COMMERCIAL LEASE AGREEMENT THIS COMMERCIAL LEASE AGREEMENT("lxsse")is:made effective as of the 15th day of October 2019, between 50.0 OCEAN PROPERTIES, LLC, a Florida limitedliability company, whose mailing,address is 511 East Ocean Avenue, Boynton Beach, Florida 33435 ("LANDLORD") and HARVEY E. OYER JR., INC. dibla OYER, MACOVIAK AND ASSOCIATES ( ENANT"), whose address is 511 East Ocean Avenue,: Boynton Beach, Florida 33435. WITNESSETH: That LANDLORD,for and in consideration of the covenants,agreements and conditions herein contained, on the part of TENANT to be kept and performed, does hereby lease to TENANT, and TENANT does hereby lease item LANDLORD, the ground floor Once space located at 511 and 513 East Ocean Avenue,Boynton Beach,Florida 33435("PWXft'"). This Lcaso replaces any and all prior lease agreements between LANDLORD and TENANT relating to the Property. The terms and conditions of this Lease are as follows: I. TERM. The term of this Lease shall be for three(3)years, commencing on October 15,2019, and unlc w carlior tcrminatcd in accordance with the tns of this Lcasc, expiring at 12:00 midnight on October 14,2022. 2_ RENT: (a) TENANT agrees to pay to LANDLORD, in lawful money of the United States,each month during the Teem of this Lease the sum of$4AW per month plus all applicable sales taxes("Rent"). Rent shall increase three percent(30/9)each year of the Tcrm commencing on the first anniversary. Rent shall be due on the 151b day of each month and shall be paid at LANDLORD'S address statedabove, or at such other place as LANDLORD may specify in writing. (b) In addition to any other rights of LANDLORD hereunder, in the event TENANT shall fail to pay rent or other sums due hereunder within five(5) days of its due date, LANDLORD may, at LANDLORD'S option, impose a late charge of 5%of such payment and such charge shall be deemed additional rent hereunder. The late charge is not a penalty, but liquidated damages to defray administrative and related expenses due to such late payment. 3. SECURITY DEPOSIT. Due to,the longterm of the tenancy by TENANT, no security deposit shall be required. 4. OCCUPANCY AND USE OF THE PREMISES. (a) TENANT shall occupy the Property as a commercial insurance office for TENANT only. WPBDM 1012"M2 (b) TENANT shall 'abide by and comply with all reasonable rules and regulations now or hereafier promulgated by LANDLORD and all ordinance and laws of all. governmental entities, whether federal, alato or local, having jurisdiction in tlW nlaticr. TENANT shall neither permit not commit, whether with or without knowledge or consent, any immoral, improper or unlawfid practice or act in-or upon the Property. TENANT agrees not to make, nor permit .to be made, any disturbance, noise or annoyance of any kind which is detrimental to the Property. TENANT shall not, in any manner, alter, damage or deface the Property. (c) TENANT shall at all times. during the Term maintain an active occupational license/business taxreceipt with the City of Boynton Beach and any other applicable.govern nentid entities. (d) Provided that TENANT abides by all terms,obligations,and covenants of this Lease,TENANT shall enjoy quiet and peacefid poem ssion of the Property during the Team. S. MIILITIES. (a) During the Term, TENANT shall pay the cost of electric service, television/imterneL quarterly pest control, and any other utilities provided to or used at the Property, including all installation and activation fees and any deposits required by such utility providers. LANDLORD shall pay the cost of garbage,water,and sewer seavices. (b) Except in the instance of LANDLORD'S negligence, LANDLORD shall not be liable to TENANT in the event any.utility services am interrupted or become unavailable, for any reason whatsoever, and such interruption or unavailability shall not constitute actual or constructive eviction,nor be deemed an interference with TENANrs occupancy of the Property, nor shall Rent be abated during any such period of interruption or unavailability. 6. MAINTENANCE AND REPAIRS. HURRICANE PROTECTION: SURRENDER OF PROYBRTY-AND 1NSURANCF- (a) TENANT shall, at its sole expense, keep and maintain the Property in good, clean and amutary condition and repair during the Tarn of flus Lease: TENANT small be responsible for the maintenance and repair of the building and the HVAC systern during the Tenn. However, LANDLORD shall be responsible far the replacement of the roof, building structure,and HVAC system should replacement be necessary. (b) TENANT shall not drain,nor permit the drainage of,grease into.the toilets or sinks. (c) In the event of a hurricane watch or hurricane warning, TENANT shall use reasonable efforts to secure the Property against damage. (d) TENANT shall engage a professional pest control contractor to provide calendar quarterly pest control service.. WPBDOCS 101298342 R. (e) TENANT shall, at the end of the Lease term, surrender and deliver to LANDLORD the Property, without demand, "broom clean" and in the same condition as it existed on the commencement date hereof,.reasonable wear and tear excepted. (f) During the Term, "TENANT shall provide, at TENANT'S expense, insurance adequate to insure all of TENANT'S personal property, fixtures, operations, and business interruption for its operations at the Property. TENANT shall also pay for and keep in full force and effect during the Term;commercial general liability insurance in an amount of not less than$1 million per occurrence and$2 million in the aggregate,naming LANDLORD as an additional named insured. Under no circumstance.shall LANDLORD be responsible or liable for TENANT'S personal propeft fixtures,or operations located at the Property.. 7. NO ADDITIONS OR ALTERATIONS. (a) TENANT shall not make any additions,changes or alterations in and upon the Property (other than painting) without the prior written consent of LANDLORD, which consent may be given or withheld in LANDLORD's reasonable discretion. LANDLORD may remove or change, at TENANT's.cost and expense, any addition, change or alteration made by TENANT without LANDLORD`sconsent,the charge for whim shall be paid by TENANT upon demand. (b) LANDLORD's interest.in the Property shall not be subject to mechanics' or other liens for improvements made by TENANT nor for services, labor or materials performed at.TENAN-rs request. (c) If any lien is filed against the Property for improvements or work claimed to have been dorm or for mteriuls uiuinwl to have been furnished to TENANT,the lien shall be- discharged by TENANT within ten (10) days thereafter, at TENANT's expense, and TENANT shall indemnify LANDLORD for any loss,cost,or expense incurred by LANDLORD as a.result. of TENANT'S violation of W3 provision. Tue foivWinb i nlannificativn 3ha11 survive termination or expiration of this Lease. 8_ IVIESTRUCTION BY QASUALTV. In the event the Property or .any portion thereof may be,rendered untenantable by reason of fire,.explosion or any other casualty, LANDLORD, at LANDLORD's option, may either repair the Property to make the same tenantable within sixty(60)days thereafter,or terminate this Lease. In such event,LANDLORD shall give TENANT ten (10) days' notice in writing of LANDLORD's intention .to repair or terminate this Lease. If LANDLORD elects to repair the damaged Property,LANDLORD shall proceed with due diligence and TENANT's Rent for that period of time during which tate Property is or remains untenantable shall be abated or apportioned. 9. PROPERTY LOSS.DAMAGE AND INDEMNIFICATION. (a) The taking of possession of the Property by TENANT shall be conclusive evidence that the Property is in all respects in good and satisfactory condition and acceptable to TENANT. LANDLORD shall not be liable to TENANT, TENANT's family members, agents, licensees or invitees, for damage to persons or property caused by any WPBDOCS 10129934 2 9 individual or entity. LANDLORD shall not be liable for any patent or latent defects in the Property. (b) LANDLORD shall not be liable for the pry of bugs, vermin or insects in the Property. TENANT hereby releases LANDLORD fpm any and,all claims for loss, damage or injury of any Mature whatsocvcr to perm or property, hmIuding(without limitation) damage caused by theft,'vamialim,water, smoke, fire or other causes, or resulting in any way from or in any fashion arising from or connected with the occupancy or use of the Property. (c) TENANT further agrees to hold LANDLORD harmless and to indemnify LANDLORD from and against any and all claims,liabilities,.actions,causes of action,damage"4, costs and expenses whatsoever which may arise out of, result from or .be attributable to TENANT's use or occupancy of the Property, or any 'act or omission thereon (whether by TENANT, TENANr-s family mernbe s, agents, employees, licences or invitees), which indemnifieation shall include attorneys' fees at trial and appellate levels. The foregoing indemnification shall survive termination or expiration ofthis Liam (d) LANDLORD'S insurance does not cover loss or damage to any of TENANT's personal property or possessions. IfTENANT desires insurance coverage for any of TENANT's personal property or possessions, TENANT shall. obtain- and pay for any such insurances coverage. 14. ASSIGNMENT OR SUBLEASING. TENANT shall neither sublet the. Property or any part thereof nor assign (voluntarily or by operation of.law) this Lease or any interest therein,normortgagenor encumber the Property or this Lease. 11. RM OF ENTRY. LANDLORD shall have the right by or through itself or its agents or employees, to enter the Property at all reasonable hours. LANDLORD's entry into the Property shall. be for the purpose examining it and to, in LANDLORD's sole disciWon,make such repairs and alterations.as LANDLORD may deem necessary to insure the orderly and proper maintenance of same: In addition, LANDLORD specifically reserves the right to enter upon the Property at reasonable times after first having informed TENANT of LANDLOR.D's intention to.do so, for the purpose .of showing the Property to prospective: (i) tenants;(it)purchasers;or(iii)mortgagees. I2. DEFAULT. (a} If TENANT shall fail to pay any installment.of Rent or other sums on the due date or if.TENANT should fail to keep and perform each and every one of the terms and ennditinnc of this Lease, then and in any of such events, TENANT will be in default hereunder. IfTENANT should become in default hereunder,LANDLORD will have any and all. of the rights and remedies which the law of Florida confers upon a landlord against a tenant in default including, without limitation, the right to: (i) terminate this Lease and sue for unpaid Rent; and/or(ii)accelerate the entire unpaid balance of the Rent for the Tenn of this Lease and sue for the collection of such Rent;and/or(iii)take possession of the Property(and any and all of TENANT's personal property theaein) .and, at LANDLOMYs option, rent the Property for the account of TENANT. In the event that LANDLORD takes possession of the Property, it may WP13DOCS 10129M2 remove TENANTs personal property and store same at the expense of TENANT,without being. liable for damages therefor. In the event that LANDLORD takes possession of the Property and relets same for the account of TENANT,LANDLORD shall receive the Rent and other proceeds thereof and apply same first to payment of expenses which LANDLORD may have incurred in connection with taking possession and reletting (including, without limitation, the cost of brokerage, repair, alteration and all other sums) and apply any remaining Rent or proceeds to payment of Rent and other sums due hereunder alb TENANT shall remain liable for any deficiency. If at the time of any default by TENANT there remains any unrefvnded balance of the Security,then LANDLORD may retain the Security without the fact of such retention of the Security altering or limiting the right to immediate possession of the Property by LANDLORD or any other rights of LANDLORD in law or in equity_ :In the evert TENANT shall fail to vacate the Property as and when required :hereunder, TENANT shall be deemed a tenant at sufferance and,in addition to any other rights and remedies accorded to LANDLORD,TENANT shall be charged, for each Jay during its owner, an amount equal to 2500/a of the rental amount which was due hereunder immediately prior to such holdover occupancy. (b) IL by reason of a default hereunder,.a party employs an attorney to enforce or otherwiseprotect its rights hereunder and such party prevails in litigation resulting from the default,the nob-prevailing party will owe and will pay the prevailing party's reasonable attorneys'fees(including fees at trial and appellate levels)and costs and expenses. 13. APPLIANCES AND AIR CONDITIONING. All fixtures and appliances at the Property are supplied by LANDLORD for the Tam of this Lease. 14, SUBORDINATION. This Lease is subject and subordinate to all ground or underlying leases, encumbrances,mortgages and other matters which may now or hereafter a1Rxt or become a lien upon the Property (or any portion thereot) and to any renewals, modifications, amendments, replacement or extensions thereof TENANT shalt execute any and all instruments.as LANDLORD may request in order to effectuate or confirm the foregoing subordination and TENANT Hereby irrevocably appoints LANDLORD as TENAN'I's attorney- in-fact to execute any and all such instruments. I.S. CUMULATIVE RE•MCDII S: LAVAS: NOTICES: INVALIDITY: WAIVER: SURRENDER: ENTIRE AGREEMENT: SUCCESS R ANS AS&QNS. All rights and remedies herein created for the benefit of LANDLORD are cumulative and resort to any one remedy shall not be construed to be an election of remedies on the part of LANDLORD or to exclude or prevent LANDLORD's resort to any other remedy in this Lease. This Lease shall be construed in accordance with Florida law. All notices shall be hand-delivered or mailed by certified trail, return receipt requested, to LANDLORD at the address.for payment of Rent and to TENANT (after the date of commencement of the Term of this Lease) at the property address. Notices to TENANT mailed in aa.ordmce with the terms hereof shall be deemed given when mailed; howevey notices to LANDLORD dwil be deemed received only upon actual receipt. Notices to TENANT may be effectuated by personally serving same on TENANT, any member of TENANT's family or any agent of TENANT found at or upon the Property. If any part or provision of this Lease is deemed by a court of competent jurisdiction to bee invalid or unenforceable,such invalidity or unenforceability shall not affect the remaining provisions,all of which shall remain in full force and effect. No act or thing done by LANDLORD shall be weHnocs 10129SU2 deemed an acceptance of a surrender of the Property or this Lease, and no agt to.accept the Property and surrender the Lease shall be valid unless in writing signed by LANDLORD. Delivery of keys to LANDLORD or its agent shall not-operate as a-termination of this Idea=or a surrender of the Property. The failure.of LANDLORD to insist upon the strict performance of any provision of this Lease shall not constitute a waiver of any subsequent act or failure of performance. 'Receipt of Rent by LANDLORD with.knowledge of breach of any provision of this.Lease shall not.be deemed a waiver of such breach No provision of this Lease shall be deemed to have been waived by LANDLORD unless such waiver shall be in writing signed by LANDLORD and no payment of Rent of n lesser amount than that dun nor any endvrsatncut or statement on a check, shall be deemed an accord and satisfcetion and LANDLORD may accept such check or payment without prejudice to its right to recover any unpaid rent or other sutras;or to puraw.any remedy provided in this Lease. This Lease contains flaw entire agreement between the parties with respect to the subject matter and supersedes any prior or oral agreements or understandings. All promises,covenants and agreements set forth in this Lease shall be binding upon and inure to the benefit of the parties hereto,and(to rho cadent permitted)their respective heirs,personal representatives,successors and assigns. 16. RA DON GAS. Radon ir.a naturally occurring radioactive gas that,when it has accumulated in a building in sufficient quantities,may print health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state requirements have been found in buildings in Florida Additional information regarding radon and radon testing maybe obtained from your county public health unit. [SIGNATURES CONTAINED ON FOLLOWING PAGES] WPBDOdS 10129M2 IN WITNESS WHEREOF,the parties hereto have executed this Luse on the date and year first above written. WITNESSES: LANDLORD: 500 Ocean Properties, LLC, a Florida limited liability c tit an � r By: 3 i�4y 1,. D cr Ill, i .•Ma _ } y naging Member TENANT: HARVEY F_ OYER ]R., INC., a Florida corporation, d/b/a OYER, MACOVIAK AND ASSOCIATES Robert Macoviak, its President wPBDOCS 10129814'_' CAFE BARISTA, INC. d/b/a HURRICANE ALLEY 527, 529, 531 &OFFICE 4 (533 E. OCEAN) BUSINESS LEASE -� � THIS LEASE executed this day of H 007,by and between er �of 1 Seacrest Blvd,.Bovnton Beach.FL 3 5. hereinafter called Lessor,and Caf6 Barista.Inc.d/b/a Hurricane Alley and Hurricane Alley Eye of Storm,Inc, of 527-531 E Ocean Avenue Boynton Beach FL 33435 hereinafter called Lessee, WITNESSETH,THAT: Lessor,in consideration of the covenants and agreements herein contained on the part of the Lessee to be kept and performed,does hereby lease,demise,and let to the Lessee under the Lessor the premises located at 527,529,531 E.Ocean Avenue.Boynton Beach.FL 33435 (see attached Legal Description "Exhibit A")to be occupied as a restaurant and ice cream parlor for a period of 60 months commencing on the 1st day of September .2007 and ending midnight on the 31st day of Au use,ZUj at an agreed aggregate rental of One Hundred Sixty-eight Thousand and N0/100($168.000,00)Dollars+annlicable Florida sales tax in lawful money installments of$3.000.00-plus applicable Florida sales tax,due and payable in cash,cashier's check,or.money order to Lessor or their assigns on each and every monthly anniversary of the commencement date during the term of this Lease(Except:Lessor agrees to waive all regular rent for the rest of the calendar year of 2007)to be paid at 512 S.Seacrest Blvd.,Boynton Beach,FL 33425 ,or at such other place as the Lessor may designate in writing. First monthly payment to begin January 1',2008. Lessee shall still be bound by all other terms and conditions of this lease from the date of commencement which is September 1,2007. In addition to the rental installment,Lessee agrees to pay Lessor as additional rent within five(5)days of rendition of Lessor's bill to Lessee,such costs,fees,and expenses paid or incurred by Lessor for: I)repairs made by Lessor caused by Lessee's misuse; 2)fees and expenses,including court costs and reasonable attorney's fees arising in connection with the enforcement of the terms of this Lease;and 3)such other expenditures advanced for the account of Lessee by Lessor required to be paid by Lessee under this Lease. This Lease is made upon the following expressed terms and covenants,all and every one of which are material and which the parties covenant and agree to keep and perform: l) SECURITY DEPOSIT AND AGREEMENT: Lessee shall deposit with Lessor upon the execution of this Lease the sum of$_25.00 as security for the prompt payment of the rent and for the full and faithful performance by Lessee of the terms,and covenants of this Lease,to be returned to Lessee,without interest,after Lessee has vacated the premises and upon the full performance of the provisions of this Lease. Lessee shall not use the security as rent. If Lessee should fail to perform any obligation imposed by this Lease or by law,or by the condo association, Lessor shall have the right to apply the security deposit against the costs,expenses and damages suffered by Lessor including unpaid rent installments and reasonable attorney's fees. The security deposit shall not be considered liquidated damages. 2) TAXES: Real estate taxes on the premises shall be paid by Lessee. Personal property taxes on personal property of Lessee,if any,shall be paid by Lessee not later than 30 days from when the tax bill first comes out beginning 2007. Since the space being leased by Lessee constitutes approximately%of the entire building the parties shall split equally the over all gross tax for the entire building. 3) INSURANCE: Personal property insurance covering Lessee's personal property shall be paid by Lessee. Public liability insurance shall be paid by Lessee (Coverages should be at least as follows: Fire Liability, $100,000.00;Liquor Liability,$1,000,000,00;and General Liability,$1,000,000.00/$2,000,000.00). Lessor shall be added to the insurance policy as an additional insured,which policy shall include a waiver of subrogation rights by Lessee's insurance carrier. Lessor may at any time perform such acts as may be required of Lessee hereunder, or advance premiums required to be paid by Lessee,the same thereupon becoming additional rent and immediately due. 4) MAINTENANCE: Maintenance of all plumbing, lighting and appliances, including, but not limited to refrigerator,air conditioning and heating equipment shall be made by and paid by Lessee. Lessee acknowledges that all such appliances have been turned over to Lessee in good working order and that all said appliances shall be returned back to landlord in good working order and that Lessee agrees to maintain the appliances in said condition throughout the term of the lease. Lessee shall forthwith have repair done in a workmanlike manner at its expense, all damage to the demised premises,or any portion thereof,resulting from the act or negligence of Lessee,its family, servants or guests and only such types of repairs. If Lessee fails to make such repairs,Lessor may,but shall not be obligated to do so,make such repairs,and Lessee shall reimburse Lessor for the cost thereof,without demand,as an additional payment of rent under this Lease. Lessee agrees and acknowledges that it will not install any additional locks on any doors nor will Lessee change any existing locks without first obtaining the Lessor's express Page 1 of 4 written permission and providing the Lessor a duplicate key. Lessee shall further make reasonable provisions for and shall pay the cost of extermination services,and shall keep all plumbing and appliances clean,sanitary and in good repdir at its expense. 5)IMPROVEMENTS:Any improvements and repairs made to the premises by the Lessee shall meet all city and state code requirements. All costs of improvements or repairs shall be paid by Lessee. 6) UTILITIES: Telephone bills shall be paid by Lessee. Electric bills and cable television shall be paid by Lessee. Lessee is responsible for making arrangements with the utility companies in Lessee's name,including required deposits,for all utility services to be paid for by Lessee. Lessee will be responsible for sewer,water and garbage and all occupational licenses. 7) COMPLIANCE: The Lessee shall promptly execute and comply with all statutes,ordinances,rules,orders, regulations and requirements of the Federal, State and City Government for the correction, prevention, and abatement of nuisances or other purposes in,upon or connected with said premises during said term. Further, Lessee agrees to comply with all building rules and regulations. 8)PREMISES CONDITION: Except as specified in any notices to landlord pursuant to section 18 of this lease, the Lessee has examined and knows the condition of the premises and acknowledges that they are received in good order and repair;that they are tenantable,and that upon the termination of this Lease in any way,Lessee covenants to yield the premises to Lessor in as good condition as when entered upon by Lessee, ordinary wear and tear expected. Lessee shall remove all trash and debris from the premises and shall leave them in broom clean condition. All appliances shall be cleaned by Lessee and returned to Lessor in good operating condition. 9) PETS: Lessee covenants to refrain from keeping any pets upon the premises. 10) RIGHT OF ENTRY: Lessor,or its agents shall have the right to enter the premises,upon reasonable notice, at all reasonable hours for the purpose of examining or exhibiting the same;to make any repairs,alterations,or changes on the premises which Lessor may deem fit to make,or to place any sign therein or thereon for sale or rent and to show the same to prospective purchasers or tenants. Lessee shall not inhibit sales efforts of Lessor. However,sale of the property will not terminate this lease during its term. 11) WASTE PROHIBITED: Lessee shall not commit,nor suffer to be committed,any waste upon the premises, the appliances or furnishings,if any;not cause any nuisance or'breach of the peace,nor commit or permit to be committed any other act or deed which may disturb the quiet enjoyment of any other person or person's property in the neighborhood. 12) ASSIGNMENT AND SUBLETTING: Lessee may not assign this Lease or sublet the premises or any part thereof without the prior written consent of the Lessor. In the event such consent is given,Lessee agrees to pay the Lessor reasonable attorney's fees for the preparation and execution of such documents deemed necessary by the Lessor to he executed in connection with the assignment or subletting. 13) LESSOR LIABILITY: Lessee will indemnify and hold Lessor exempt and harmless from any liability,loss, cost,or obligation on account of any damage or injury to any person,or to the property of any person,arising in any manner from the use or occupation of the premises by the Lessee,its family,employees,servants,and guests and Lessee shall provide thereon insurance for same. 14) OPTIONS UPON DEFAULT: If Lessee shall violate any tern or covenant under this Lease,in addition to the relief allowed under Florida Statute, Chapter 83, the Lessor may re-take possession of the premises for the account of Lessee and re-let the same as agent of the Lessee;and the Lessee hereby irrevocably appoints Lessor its lawful attorney-in-fact for this purpose. Lessee shall,in such event,remain liable to Lessor for any deficiency,loss, costs,or damages sustained or incurred during the remainder of the term. 15) ATTORNEY'S FEES AND COSTS: Lessee agrees to pay all costs, fees, expenses,and a reasonable attorney's fees in the event of eviction,enforcement of any term or covenant of this Lease,or for the collection of any unpaid rent,whether suit be brought or not;and the security may serve as a source of such payment. 16) ESTOPPEL STATEMENT: Lessee agrees to execute and deliver to Lessor,within five(5)days of written request,a statement setting forth a)that the Lease is in full force and effect without modification;b)that Lessee has no claim,get-off,or defense to the Lease;c)the amount of the security deposit;and d)the dale through which rent has been paid. Failure to execute and deliver such statement within the time required shall be construed as Lessee's Page 2 of 4 representation that the Lease is in good standing without modification and that the Lessee has no claim,set-off,or defense to the Lease. ., 17) HOLDING OVER-DOUBLE RENT: If Lessee holds over and continues in possession of the premises,or -any part thereof,after the expiration of the Lease without Lessor's permission Lessormay recover double the amount of the rent due for each day Lessee holds over and refuses to surrender possession. Such daily rent shall be computed by dividing the rent for the last month of the Lease by fifteen. 18) AS IS: Lessee has inspected the premises and is familiar and satisfied with its present condition. The taking of possession of the premises byLessee shall be conclusive evidence that the premises were in good and satisfactory condition at the time such possession was taken. 19) FURNISHED PREMISES: The premises are rented unfurnished. 20) SUBORDINATION: This Lease is expressly made subject to and subordinate to all mortgages now upon or hereafter placed upon the premises by Lessor. Lessee irrevocably appoints Lessor its attorney-in-fact to execute such instruments as might be deemed expedient by Lessor to evidence implementation of this paragraph. 21) ASSIGNMENT: The Lessee shall not assign,mortgage,or encumber this Lease,nor sublet or permit the leased property or any part thereof to be used by others without the prior written approval of the condominium association. 22) NON-DISTURBANCE: The Lessee agrees not to use the demised premises,or any part thereof,or permit the same to be used for any illegal, immoral or improper purposes; not to make, or permit to be made, any disturbance,noise or annoyance whatsoever detrimental to the premises or the comfort and peace of the inhabitants of the vicinity of the demised premises. 23) INSPECTIONS: Lessee acknowledges that the Lessor shall have the right to make inspection of the premises at any reasonable hour. 24) NOTICES: Any notice required to be given shall be made by Certified Mail,Return Receipt Requested, mailed to the last known address of the party to be notified. 25) PERSONS BOUND: This Lease shall be biding upon and inure to the benefit of the parties and their respective heirs,personal representatives,successors,and permitted assigns. 26) FLORIDA LAW-. All parties agree that this Lease shall be construed for all purposes under the laws of the State of Florida. 27 TIME: Time is of the essence in this Lease. 28) COMPLETE AGREEMENT. This Lease constitutes the complete agreement and understanding between Lessor and Lessee,and no future agreement,understanding,or modification of this Lease shall be valid,binding, or enforceable against either party unless reduced to writing signed by Lessor and Lessee. 29) RECEIPT OF FUNDS: Lessor acknowledges that it has,or its agent has received the sum of$�?20 subject to check clearance,applied as follows: Security Deposit: $ 5 00 ; First Month's Rent: $_3,000.00+ $195.00 State Sales Tax;Last Month's Rent: 30) SPECIAL PROVISIONS: There shall be a 10%late fee for any rent payment more than 5 days overdue. The lessees shall have the option to renew for an additional five(5)years at the original rate. There shall be a CPI adjustment to the rent which shall be limited both upward and downward by 5%for the five renewal years. Lessee shall have right of 1sT refusal if Lessor should decide to sell property. Specifically,Lessor shall give Lessee five (5)days notice before placing properly on market and Lessee shall have four(4)days thereafter to accept terms being offered. 3I)HURRICANE SHUDDERS: Lessee shall be responsible for boarding up the windows and doors on the premises covered in this lease. Page 3 of ' 9 ' a IN WITNESS WHEREOF,the Lessor and Lessee have hereunto set their hands the day and year first above written. SigpcdF sled and delivered in the presence of: 7pp � ,., J 9 �....u.�.-- ITNES L--' OR:, HVE. El WITNESS ^ � P g r• �r WITNks e. LS KiM KiLLY, s°esideni of CAFE`BARISTA,INC.cls,:/a HURRICANE ALLEY r tiff i S ' WiTNE 'S L1yS E: KIM-K6,LLY, esident of HURRICANE ALLEY V l:�-OF STORM,INC. Prepared by: MARTINCAVAGE&HILEMAN,P.A.,1200 S.FEDERAL HIGHWAY,SUITE#201 BOYNTON BEACH,FL 33435-PHONE:561-736-2888 FAX:561-736-9612 Page 4 of 4 LEASE AMENDMENT THIS LEASE AMENDMENT("Amendment")is entered into effective as of the 1 st day of January 2011 ("Effective Date) between HARVEY E. OYER III, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF HARVEY E. OYER, JR. ("Lessor'), having an address of 511 East Ocean Avenue,Boynton Beach,Florida 33435,and CAFE BARISTA, INC., a Florida corporation,d/b/a Hurricane Alley Raw Bar&Restaurant("Lessee"), whose address is 529 East Ocean Avenue,Boynton Beach,Florida 33435. RECITALS: WHEREAS, Harvey E. Oyer, Jr., as lessor, and Lessee entered into that certain Business Lease ("Lease"), dated October 2, 2007, for ground floor retail space located at 527, 529, and 531 East Ocean Avenue, Boynton Beach, Florida to be used exclusively as a restaurant("Leased Premises");and WHEREAS, Harvey E. Oyer, Jr. died on December 18, 2010 and Lessor, by operation of law,became landlord of the Leased Premises;and WHEREAS,Lessor and Lessee mutually desire to amend the Lease in accordance with the terms and conditions contained herein. NOW, THEREFORE, in consideration of the above recitals, the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which both parties hereto acknowledge, Lessor and Lessee hereby agree as follows: AGREEMENT: 1. RECITALS. The above Recitals are true and correct and are incorporated herein by this reference. 2. ALTERATION TO THE LEASED_PREMISES. Lessor and Lessee agree that Lessee shall be permitted to cut an opening in the east wall of the 529 East Ocean Avenue portion of the Leased Premises in order to connect it to the 531 East Ocean Avenue portion of the Leased Premises ("Doorway Connection"). The Doorway Connection shall be constructed in such a manner so as to: (a) comply with all laws, statutes, ordinances, and building construction codes; (b) maintain or enhance the load-bearing qualities of the existing wall; (c) utilize construction materials and finishes that are compatible with the existing, original construction materials in the Leased Premises; and (d) be no larger than the existing doorway opening connecting the 529 East Ocean Avenue portion of the Leased Premises to the 527 East Ocean Avenue portion of the Leased Premises. Lessee shall be responsible for all costs associated with the construction of the Doorway Connection, including but not limited to all materials, labor, permits, inspections, fines, and penalties. At no time shall Lessee be permitted to encumber the Lease, the Leased Premises or any portion thereof. Lessee shall not permit any notices of commencement, notices to owner, or liens of any kind or nature whatsoever to be recorded or to attach to the Leased Premises or the property to which the Leased Premises is a part. Lessee shall pay all liens of contractors, subcontractors, mechanics, laborers, materialmen and all other like character, and shall indemnify Lessor against all expenses, costs and charges, including bond premiums for release of liens and attorney's fees, disbursements, and costs reasonably incurred, at all trial and appellate levels, in the defense of any suit in discharging the Leased Premises or any part of it from any liens,judgments,or encumbrances caused or suffered by Lessee or any party acting by, through,or under Lessee or in any other way arising from or related to the Doorway Connection. With respect to the Doorway Connection, Lessee shall indemnify Lessor against all losses, costs, damages, and expenses of any kind or nature whatsoever, including court costs and attorneys fees, resulting from personal injury, death, damage to the Leased Premises,damage to the building in which the Leased Premises is situated, or any breach of the terms of the Lease or this Amendment. 3. ALCOHOLIC BEVERAGE LICENSE. Lessee hereby warrants and represents to Lessor that Lessee currently possesses all licenses necessary to serve beer and wine at the Leased Premises. Lessee desires to obtain all licenses and approvals necessary to serve all forms of alcoholic beverages at the Leased Premises (collectively, the "Alcohol_License") and Lessor is agreeable to allow Lessee to do so but only upon the terms and conditions contained in this Amendment Lessee shall be responsible for all costs and expenses associated with obtaining and maintaining the Alcohol License. Lessee shall at all times operate the Leased Premises and use the Alcohol License in conformance with all laws, statutes, and ordinances. Lessee agrees that the current hours of operation at the Leased Premises (Sunday to Thursday 11 am to 11 pm and Friday and Saturday 11 am to 12 am) shall not be increased or extended. Lessee agrees that at no time will it offer solo drink specials that are not associated with a food and drink pairing special. Lessee agrees that it will not have or promote alcoholic drink specials (e.g. `Jcllo shots") or nights (e.g. "Ladies Night'). Lessee agrees that it shall not advertise, promote or otherwise hold itself out to the community as a bar or nightclub. Lessee acknowledges and agrees that the conditions contained in this Amendment and the duties and obligations imposed upon Lessee herein are a material inducement to Lessor to agree to the Alcohol License and that the breach by Lessee of any of the conditions contained in this Amendment shall be a material breach of the Lease and shall entitle Lessor to all remedies at law and in equity. In consideration of Lessor permitting Lessee to obtain and maintain the Alcohol License at the Leased Premises during the term of the Lease, Lessee shall pay to Lessor an additional One Thousand and No/100 Dollars ($1,000.00) of Rent per month during the term of the Lease. Such additional rent shall become due and payable beginning on the first day of the first full month after Lessee obtains the Alcohol License. Such additional rent shall be added to and paid to Lessor in the same manner as the Rent under the Lease. 4. RENT. At Lessee's request, Lessor hereby authorizes and permits Lessee to divide the monthly Rent payments (including any additional rent, sales taxes, real estate taxes, and garbage fee reimbursements that Lessee owes to Lessor)so that one half of the monthly Rent shall be paid by Lessee to Lessor on the 1'day of each month during the term and the remaining one half of the Rent shall be paid by Lessee to Lessor on the 15`h day of each month. 5. RESTAURANT SIGNAGE. Lessor hereby authorizes Lessee, at Lessee's sole cost and expense,to install the restaurant signage depicted on Exhibit"A" attached hereto to the south fagade of the second story of the building in which the Leased Premises is located ("Restaurant Si e"). The Restaurant Signage shall be constructed in such a manner so as to: (a) comply with all laws, statutes, ordinances, and building construction codes; (b) be non- invasive or minimally invasive to the building wall;(c)utilize construction materials and finishes that are compatible with the existing, original construction materials of the building; and (d)be no larger than as depicted on Exhibit"A attached hereto. Lessee shall,at Lessee's sole cost and expense, be permitted to add up to two (2) light fixtures to illuminate the Restaurant Signage at night,provided that: (a)the lights do not shine into any of the upstairs windows; and(b)Lessee shall pay all electric charges and maintenance costs associated with the operation of the lights. Lessee shall be responsible for all costs associated with the construction of the Restaurant Signage, including but not limited to all materials, labor, permits, inspections, fines, and penalties. At no time shall Lessee be permitted to encumber the Lease, the Leased Premises or any portion thereof. Lessee shall not permit any notices of commencement, notices to owner, or liens of any kind or nature whatsoever to be recorded or to attach to the Leased Premises or the property to which the Leased Premises is a part. Lessee shall pay all liens of contractors, subcontractors, mechanics, laborers, materialrnen and all other like character, and shall indemnify Lessor against all expenses, costs and charges, including bond premiums for release of liens and attorney's fees, disbursements, and costs reasonably incurred, at all trial and appellate levels, in the defense of any suit in discharging the Leased Premises or any part of it from any liens,judgments,or encumbrances caused or suffered by Lessee or any party acting by, through, or under Lessee or in any other way arising from or related to the Restaurant Signage. With respect to the Restaurant Signage, Lessee shall indemnify Lessor against all losses, costs, damages, and expenses of any kind or nature whatsoever, including court costs and attorneys fees, resulting from personal injury, death, damage to the Leased Premises, damage to the building in which the Leased Premises is situated,or any breach of the terms of the Lease or this Amendment. 6. EXTENSION OF TERM. Lessee desires to extend the term of the Lease for an additional five(5)years after the currently scheduled expiration of the existing term of the Lease on August 31, 2012. Lessor and Lessee hereby agree that the Lease term is hereby extended an additional five(5)years and shall expire on August 31,2017. The Rent shall remain the same as it is as of the effective date of this Amendment up to and including August 31, 2012, that is $3,000 per month,plus additional rent of$1,000 per month for the Alcohol License(if in use by the Lessee), plus applicable sales taxes on the rent and additional rent, plus one-half the annual real estate taxes on the building in which the Leased Premises is located, and one-half of the garbage dumpster service. Beginning September 1, 2012 and continuing until August 31, 2014, the Rent shall be $4,100 per month, plus additional rent of$1,000 per month for the Alcohol License (if in use by the Lessee), plus applicable sales taxes on the rent and additional rent, and one-half of the garbage dumpster service. During this two year period, Lessee shall not pay Lessor one-half of the real estate taxes for the building in which the Leased Premises is located. Beginning September 1, 2014 and continuing until August 31,2017,the Rent shall be$4,500 per month,plus additional rent of$1,000 per month for the Alcohol License(if in use by the Lessee), plus applicable sales taxes on the rent and additional rent, and one-half of the garbage dumpster service. During this three year period, Lessee shall not pay Lessor one-half of the real estate taxes for the building in which the Leased Premises is located. 7. INSURANCE. Commencing upon the execution of this Amendment and at all times during the tern of the Lease, including all extensions of the Lease term, Lessee shall pay for and maintain: (a) replacement cost personal property insurance covering all of Lessee's personal property located on the Leased Premises; (b) public liability insurance in amounts no less than $100,000.00 for property damage, $1,000,000.00 for liquor liability, and $1,000,000.001$2,000,000.00 general liability on an occurrence basis; and (c) worker's compensation insurance as required by statute. Lessor shall be added to all insurance policies as an additional insured, which policy shall include a waiver of subrogation rights by Lessee's insurance carrier. Lessor may at any time perform such acts as may be required of Lessee hereunder, or advance premiums required to be paid by Lessee, the same thereupon becoming additional rent and immediately due. 8. SECURITY. Lessee has requested that Lessor not require a security deposit or a general personal guaranty of the Lease by Kim Kelly due to the long-term tenancy of Lessee at the Leased Premises. Lessor hereby agrees to this request by Lessee. Lessor and Lessee do, however, hereby agree that upon execution of this Amendment, Lessee shall execute a UCC-1 Financing Statement C UCC"), to be recorded with the Florida Secretary of State, that provides Lessor a security interest in all personal property and fixtures located on the Leased Premises during the term of this Lease. Such personal property and fixtures shall serve as Lessor's security for Lessee's full and faithful performance of the terms and conditions of the Lease, as amended from time to time. In addition to the UCC,Kim Kelly hereby personally guarantees the clean-up and restoration of the Leased Premises to broom clean condition upon the expiration or earlier termination of the Lease, including but not limited to the removal of all signage and the restoration of the any damage, holes, or marks to the building in which the Leased Premises is located. This limited personal guaranty by Kim Kelly shall be a continuing personal obligation that shall be legally enforceable against Kim Kelly by Lessor in accordance with the terms of this Amendment. 9. OTHER LEASE PROVISIONS. Unless specifically amended by this Amendment, all.other terms and conditions of the Lease remain unchanged and in full force and effect. [Signature page follows t• r es IN WITNESS WHEREOF,the Lessor and Lessee have executed this Amendment effective as of the day and year first above written. Signed, sealed and delivered in the presence of HARVEY E. OYER IIIAS PERSONAL ILEI' SHARVQ,ENTATI I'JR. THE ESTATE OF . PrintName. . f � t�� rIII 9007onal iRepresentative P int Name: LESSEE: CAFE BARISTA, INC.,a Florida corporation,d/b/a f urricane Alley Raw Bar urant -41 `° Print e; Kelly, a 'dent 5-1 Print a LIMITED 4E�SONGUAI e: Ily, on iy Print e.* LEASE AMENDMENT THIS LEASE AMENDMENT teffective day of 1 " Date") between HARVEY E. OYER 111, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF HARVEY E. OYER, JR. ("Lessor'), Floridaaddress of 511 East Ocean Avenue, Boynton Beach, INC., a Florida corporation,d/b/a Hurricane Alley Raw Bar&Restaurant("I&ILee 529 East Ocean Avenue,Boynton Beach, i Florida . whose address Oyer,WHEREAS, Harvey E. Jr., as lessor, and Lessee entered into that certain Business Lease " " , dated October 2, 2007, for ground floor retail space located at 527, 529, and 1 East Ocean Avenue, Boynton Beach, Florida to be used exclusively " Prernhg");and Harvey E. Oyer, J . died on December 18, 2010 , by operation of 1 ;and enteredWHEREAS, Lessor and Lessee t t dated effective January 1, ;and WHEREAS, Lessor and Lessee mutually desire to further amend the Lease in accordance with the terms and conditions . NOW, THEREFORE, in consideration of the above recita][s� the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency iacknowledge, lI I RECITALS. The above Recitals am true and correct and are incorporated herein by this e . specifically2. OTHER LEASE PROVISIONS. Unless is unchangedAmendment all other terms and conditions of the Lease remain o effect. . LICENSE FOR USE OF SID_EKAL . Lessee has requested the use of a portion of a sidewalk Fashion Shoppe Boutique, Inc. ("ESB"). Lessee desires to utilize that portion of the sidewalk located in fiunt ,as mom 1 i i " "attacked hereto C' is "), seating incident 's operation of Hurricane__ _Alley as a restaurant. Lessor hereby grants to Lessee a license to utilize Area for the sole purpose of outdoor seating incident to Lessee's operation of Hurricane Alley as a restaurant,but only upon the terms and conditions contained in this Amendment. Lessee shall marls the sidewalk in an inconspicuous manner that allows Lessee's employees to place Lessee's tables and chairs in the same spots each day. Lessee shall ensure that all tables and chairs located in the License Area stay in their designated spots,as depicted on Exhibit"A",at all times. At no time shall any tables or chairs be placed in front of FSB's entrance or west of FSB's entrance. Lessee shall be prohibited from connecting tables or placing large parties in the License Area Lessee shall place and maintain at all times two planters into the locations depicted on EXWhJIt"A"to direct pedestrian traffic. Lessee shall at all times have a copy of Exhibit"A"in the restaurant so that Lessee's staff is aware of correct placement of the tables and chairs in the License Area. Lessee shall ensure that no dogs,dog water bowls,chairs,strollers, or any other animal or object be permitted in front of FSB's windows,entrance,merchandise, mannequins,or display area Lessee shall ensure that its staff clean up after each table turnover in a timely manner,never allowing plates,food,or trash to remain on the tables in the License Area Lessee shall ensure that no trash is allowed on the sidewalk of the License Area at any time. Lessee shall be responsible for the cleaning (including regular pressure cleaning)and maintenance of the License Area The table closest to FSB's store shall be designated as the "FSB Men's Store Table"and be made available to FSB's owners,staff,employees,and guests when it is available and,if occupied,FSB's owners,staff,employees,and guests shall be next in line for said table. Lessee shall make best efforts to have its employees attach to each of Lessee's customer's receipts a$5 gift card for FSB's store located adjacent to the Leased Premises. FSB shall provide Lessee with the$5 gift cards. [Signature page follows] x /7 F58 Area I ,y•�I + 4 ov To4lerero r eel ' 1 10 0 C � i .r- e CZ C { r ) ® ewrn s� �ti kf OULL u 1p @ r ` J (' A • j a W. S �• F,-< �frdN T7e�Y+1. P.'to�eVA___. __ .._ �. IN WITNESS WHEREOF,the Lessor and Lessee have executed this Amendment effective as of the day and year first above written. Signed,sealed and delivered in the presence of LESSOR: HARVEY EOYEPylll, AS PERSONAL REPRE TA E OF THE ESTATE OF ti R,JR. 77!- rint Name: ,,, ,,• L. II,p Represen ve Print Name: LESSEE: CAFE BARISTA, INC.,a Florida corporation,d/b/a Hurricane Alley Raw Bar 8c urant 49, At N6 N e: Iii ally,P;Q ent ACKNOWLEDGED AND AGREED TO: -_ FASHION SHOPPE BOUTIQUE,INC., a Print Name ' v rr n 3 C;o i,rgol r Florida corporation 4 in ame: John Marquez, ident ` y J LEASE AMENDMENT THIS LEASE AMENDMENT("Amendment")is entered into effective as of the 10 day of September 2017 ("Effective Date's between 500 OCEAN PROPERTIES, LLC, a Florida limited liability company ("Lessor"), having an address of 511 East Ocean Avenue, Boynton Beach, Florida 33435, and CAA BARISTA, INC., a Florida corporation, d/b/a Hurricane Alley Raw Bar& Restaurant ("Lessee's, whose address is 529 East Ocean Avenue,Boynton Beach,Florida 33435. RENTALS: WHEREAS, Harvey E. Oyer, Jr., as lessor, and Lessee entered into that certain Business Lease("Lease'),dated October 2,2007,for ground floor retail space located at 527, 529,and 531 East Ocean Avenue,Boynton Beach,Florida to be used exclusively as a restaurant("Leased Premises');and WHEREAS, Harvey E. Oyer, Jr. died on December 18, 2010 and Lessor became the owner and landlord of the Leased Premises;and WHEREAS, Lessor and Lessee entered into that certain Lease Amendment dated effective January 1,2011 which, among other changes,granted Lessee the right to make specific alterations to the Leased Premises, obtain an alcoholic beverage license, install signage,and extend the term of the Lease;and WHEREAS, Lessor and Lessee entered into that certain Lease Amendment dated July 2011 which granted Lessee a license for use of a portion of the sidewalk;and WHEREAS, Lessor and Lessee entered into that certain Lease Amendment dated September 1, 2014 which added 533 East Ocean Avenue, Office 4 to the Leased Premises;and WHEREAS, Lessor and Lessee mutually desire to further amend the Lease in accordance with the terms and conditions contained herein. NOW, THEREFORE, in consideration of the above recitals, the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which both parties hereto acknowledge, Lessor and Lessee hereby agree as follows: AGRFFnra:NT• 1. RECITALS. The above Recitals are true and correct and are incorporated herein by this reference. 2. OTHER LEASE PROVISIONS. Unless specifically amended by this Amendment,all other terms and conditions of the Lease,as previously amended,remain unchanged and in full force and effect. 3. EXTENSION OF TERM AND RENT. Lessor and Lessee mutually desire to extend the term of the Lease for an additional five(5)years after the expiration of the existing term of the Lease on August 31,2017. Lessor and Lessee hereby agree that the Lease term is hereby extended an additional five(5)years and shall expire on August 31, 2022. For the first three(3)years of the extended term of the Lease,the Rent(defined below)shall remain the same as it is on the Effective Date hereof. For year four(4)of the extended term of the Lease,the Rent shall increase 5%. For year five(5)of the extended term of the Lease,the Rent shall increase an additional 5%. The Rent shall be $5,875 per month,which includes$4,500 of base rent for the restaurant,$1,000 for the Alcohol License,and$375 for the upstairs Office 4. Lessee shall pay the Rent,plus all applicable sales taxes,to Lessor each month,without demand,at Lessor's office. At Lessee's request,Lessor hereby authorizes and permits Lessee to divide the monthly Rent payments so that one-half of the monthly Rent shall be paid by Lessee to Lessor on the 1" day of each month during the extended term hereof and the remaining one-half of the Rent shall be paid by Lessee to Lessor on the 151 day of each month during the extended term hereof. In addition to the Rent,Lessee shall pay to Lessor one-half of the property taxes and assessments for the building within thirty(30)days after Lessor provides Lessee with a copy of the annual property tax brill,usually early November of each year. In addition to the Rent,Lessee shall also pay to Lessor each month one-third of the garbage and recycling dumpster fees and taxes. 4. RIGHT OF FIRST REFUSAL. Prior to or upon the expiration of the extended term of the Lease provided for herein,Lessee shall have a right of first refusal to match the terms and conditions of any lease for the Leased Premises that Lessor obtains from a third party potential lessee. After presentation by Lessor to Lessee of the terms and conditions of any third party potential lease,Lessee shall have ten(10)days in which notify Lessor of its intention to exercise the right of first refusal and match the same terms and conditions. Should Lessee fail to agree to match the same terms and conditions within said ten(10)period,Lessee's right of first refusal shall be waived and Lessor may proceed to lease the Leased Premises to the third party. Should Lessee exercise its right of first refusal within said ten(10)days,Lessor and Lessee shall enter into a new or amended lease agreement for the Leased Premises on such terms and conditions contained in the right of first refusal notice. [Signature page follows] rN WrrNESS VVHEREOF,the Lessor and Lessee have executed this Amendment effective as of the day and year first above written. Signed,sealed and delivered in the presence of LESSOR: 508 Ocean Properties,LLC,a Florida limited liability company m We-axak h Print Name: ' " _ _ Its: Managing Member 43 Print Name: LESSEE: CAFt BARISTA,INC.,a Florida corporation,d/b/a Hurricane Alley Raw Bar&Resta t I Print Name: d III 1 herb B.Keil , 'resident Print N� . _ KALA MARKETING GROUP OFFICE #1 OFFICE SPACE LEASE AGREEMENT THIS COMMERICAL LEASE AGREEMENT ("Lease") is made effective as of the Is` day of September 2014, between 500 OCEAN PROPERTIES, LLC, a Florida limited liability company, whose mailing address is 511 East Ocean Avenue, Boynton Beach, Florida 33435 ("LANDLORD") and KALA MARKETING GROUP ("TENANT"). WITNESSETH: That LANDLORD, for and in consideration of the covenants, agreements and conditions herein contained, on the part of TENANT to be kept and performed, does hereby lease to TENANT, and TENANT does hereby lease from LANDLORD, Office 1 located at 533 East Ocean Avenue, Boynton Beach, Florida 33435 ("Property"). The terms and conditions of this Lease are as follows: 1. TERM. The term of this Lease shall be for one (1) year, commencing on September 1,2014 and ending on August 31,2015. 2. RENT. (a) TENANT agrees to pay to LANDLORD in lawful money of the United States the sum of Three Thousand and No/100 Dollars ($3,000.00) on or prior to the commencement date, which stun represents the first six (6) months of rent at the rate of Five Hundred and No/100 Dollars ($500.00) per month ("Rent"). TENANT agrees to pay to LANDLORD in lawful money of the United States the sum of Three Thousand and No/100 Dollars ($3,000.00) on or prior to March 1, 2015, which sum represents the second six (6) months of Rent at the rate of Five Hundred and No/100 Dollars ($500.00) per month. Rent shall be paid at LANDLORD'S address stated above, or at such other place as LANDLORD may specify in writing. LANDLORD agrees that, in the event that LANDLORD and TENANT mutually agree to renew this Lease for an additional year, that the Rent shall not increase by more than five percent(5%)per annum. (b) Upon the execution hereof, TENANT shall pay to LANDLORD: (i) the sum of Three Thousand and No/100 Dollars ($3,000.00) as prepaid rent for the first six (6) months of the Term; and (ii) the sum of Five Hundred and No/100 Dollars ($500.00)representing the Security Deposit (defined below). (c) In addition to any other rights of LANDLORD hereunder, in the event TENANT shall fail to pay rent or other sums due hereunder on its due date, TENANT shall pay to LANDLORD a late fee in the amount of Thirty and No/100 Dollars($30.00) for each calendar day that the Rent is late beyond the due date. The late fee is not a penalty, but liquidated damages to defray administrative and related expenses due to such late payment. WPBDOCS 8540135 2 3. SECURITY DEPOSIT. TENANT hereby deposits with LANDLORD the sum of Five Hundred and No/100 Dollars ($500.00) as a security deposit (the "Security Deposit'), the receipt of which is hereby acknowledged, which sums shall be held by LANDLORD upon the following terms and conditions: (a) As security for the performance by TENANT of all of the terms, conditions and covenants of this Lease;and (b) As security for the return by TENANT to LANDLORD of the Property in accordance with the terms of this Lease. The Security Deposit shall not be construed as,or applied, in payment of any rental herein reserved to be paid;and (c) In the event of default of any kind by TENANT, then and in such event, LANDLORD shall be deemed authorized, at LANDLORD's option, to retain the Security Deposit as liquidated, stipulated and agreed upon damages; provided, however, that in no event shall LANDLORD be deprived of any other remedy, whether at law or equity or reserved by the terms of this Lease, regardless of retention by LANDLORD of the Security Deposit;and (d) Upon expiration of the Term of this Lease, and in the event that there has been no default of any kind whatsoever on the part of TENANT, the Security Deposit shall be returned to TENANT or LANDLORD shall give TENANT written notice of LANDLORD's intention to impose a claim against the Security Deposit on account of loss or damage to the Property, reasonable wear and tear excepted. There shall be no interest paid on the Security Deposit and LANDLORD may commingle the Security Deposit with other of LANDLORD's funds. 4. INSURANCE: (a) TENANT shall obtain general liability insurance covering the activities of TENANT and TENANT'S employees, agents, contractors, guests, customers, and invitees while on the Property in an amount of no less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00) each occurrence. LANDLORD shall be listed as additional insured and a certificate of insurance shall be provided to LANDLORD within three (3) days after the commencement of this Lease. TENANT shall require its insurance company to provide at least thirty(30) days prior written notice to LANDLORD before canceling or altering the liability insurance policy. (b) TENANT shall obtain insurance covering TENANT'S personal property and inventory located at the Property. Under no _circumstance shall LANDLORD be responsible onsible or liable for TENANT'S ersonal roe or inventory located at the Property. 5. OCCUPANCY AND USE OF THE PREMISES. (a) TENANT shall occupy the Property for office purposes only. TENANT shall not change, alter or install locks without the prior written consent of LANDLORD. WPBDOCS 8540135 2 (b) TENANT shall not allow any pets or animals on the Property without LANDLORD'S prior written consent (which shall be given or denied in LANDLORD's sole and absolute discretion). (c) No smoking shall be permitted within the offices in the hallwaysL or common areas of_the Pro ert`y at anytime with no exceutions. (d) TENANT shall abide by and comply with all reasonable rules and regulations now or hereafter promulgated by LANDLORD and all ordinances and laws of all governmental entities, whether federal, state or local, having jurisdiction in the matter. TENANT shall neither permit not commit, whether with or without knowledge or consent, any immoral, improper or unlawful practice or act in or upon the Property. TENANT agrees not to make, nor permit to be made, any disturbance, noise or annoyance of any kind which is detrimental to the Property. TENANT shall not, in any manner,alter,damage or deface the Property. (e) Provided that TENANT abides by all terms, obligations, and covenants of this Lease, TENANT shall enjoy quiet and peaceful possession of the Property during the Term. 6. UTILITIES. (a) During the Term, LANDLORD shall pay the cost of water and sewer service, electricity, garbage service, and quarterly pest control. During the Term, TENANT agrees to pay all utility charges for telephone, television/internet,and any other utilities or services used at the Property, including all installation and activation fees and any deposits required by such utility providers. (b) Except in the instance of LANDLORD'S negligence, LANDLORD shall not be liable to TENANT in the event any utility services are interrupted or become unavailable, for any reason whatsoever, and such interruption or unavailability shall not constitute actual or constructive eviction, nor be deemed an interference with TENANT's occupancy of the Property, nor shall Rent be abated during any such period of interruption or unavailability. 7. MAINTENANCE AND REPAIRS• HURRICANE _PROTECTION: SURRENDER OF PROPERTY. (a) TENANT shall, at its sole expense,keep and maintain the Property in good, clean and sanitary condition and repair during the Term of this Lease. Except for repairs due to TENANT's misuse, waste, or neglect or that of TENANT"s family members, agents or visitors, the LANDLORD will be responsible for the repair and replacement of the roof, air conditioning system,and appliances. (b) TENANT shall not drain, nor permit the drainage of, grease into the toilets or sinks. WPBDOCS 8540135 2 (c) In the event of a hurricane watch or hurricane warning, TENANT shall use reasonable efforts to secure the Property against damage. (d) LANDLORD shall engage a professional pest control contractor to provide calendar quarterly pest control service. (e) TENANT shall,at the end of the Lease term, surrender and deliver to LANDLORD the Property, without demand, "broom clean" and in the same condition as it existed on the commencement date hereof, reasonable wear and tear excepted. 8. NO ADDITIONS OR ALTERATIONS. (a) TENANT shall not make any additions, changes or alterations in and upon the Property (including, without limitation, painting of portions of the Property) of any nature whatsoever without the prior written consent of LANDLORD, which consent may be given or withheld in LANDLORD's sole discretion. LANDLORD may remove or change, at TENANT's cost and expense, any addition, change or alteration made by TENANT without LANDLORD's consent, the charge for which shall be paid by TENANT upon demand. TENANT shall not permit or install nails, screws or adhesive hangers except standard picture hooks; and no nails, screws or hangers may be placed in walls,woodwork or any part of the Property. (b) No personal property, appliances or fixtures shall be removed by TENANT without the prior written consent of LANDLORD. LANDLORD's interest in the Property shall not be subject to mechanics' or other liens for improvements made by TENANT nor for services, labor or materials performed at TENANT's request. (c) If any lien is filed against the Property for improvements or work claimed to have been done or for materials claimed to have been furnished to TENANT, the lien shall be discharged by TENANT within ten (10) days thereafter, at TENANT's expense, and TENANT shall indemnify LANDLORD for any loss, cost, or expense incurred by LANDLORD as a result of TENANT'S violation of this provision. The foregoing indemnification shall survive termination or expiration of this Lease. 9. DESTRUCTION BY CASUALTY. In the event the Property or any portion thereof may be rendered untenantable by reason of fire, explosion or any other casualty, LANDLORD, at LANDLORD's option, may either repair the Property to make the same tenantable within sixty (60) days thereafter, or terminate this Lease. In such event, LANDLORD shall give TENANT ten (10) days' notice in writing of LANDLORD's intention to repair or terminate this Lease. If LANDLORD elects to repair the damaged Property, LANDLORD shall proceed with due diligence and TENANT's Rent for that period of time during which the Property is or remains untenantable shall be abated or apportioned. 10. PROPERTY LOSS DAMAGE AND INDEMNIFICATION. (a) The taking of possession of the Property by TENANT shall be conclusive evidence that the Property is in all respects in good and satisfactory condition WPBDOCs 8540135 2 and acceptable to TENANT. LANDLORD shall not be liable to TENANT, TENANT's family members, agents, licensees or invitees, for damage to persons or property caused by any individual or entity. LANDLORD shall not be liable for any patent or latent defects in the Property. (b) LANDLORD shall not be liable for the presence of bugs, vermin or insects in the Property. TENANT hereby releases LANDLORD from any and all claims for loss, damage or injury of any nature whatsoever to person or property, including (without limitation) damage caused by theft, vandalism, water, smoke, fire or other causes, or resulting in any way from or in any fashion arising from or connected with the occupancy or use of the Property. (c) TENANT further agrees to hold LANDLORD harmless and to indemnify LANDLORD from and against any and all claims, liabilities, actions, causes of action, damages, costs and expenses whatsoever which may arise out of, result from or be attributable to TENANT's use or occupancy of the Property, or any act or omission thereon (whether by TENANT, TENANT's family members, agents, employees, licensees or invitees), which indemnification shall include attorneys' fees at trial and appellate levels. The foregoing indemnification shall survive termination or expiration of this Lease. (d) LANDLORD'S insurance does not cover loss or damage to any of TENANT's personal property or possessions. if TENANT desires insurance coverage for any of TENANT's personal property or possessions, TENANT shall obtain and pay for any such insurance coverage. 11. ASSIGNMENT OR SUBLEASING. TENANT shall neither sublet the Property or any part thereof nor assign (voluntarily or by operation of law) this Lease or any interest therein, nor mortgage nor encumber the Property or this Lease. 12. RIGHT OF ENTRY. LANDLORD shall have the right by or through itself or its agents or employees, to enter the Property at all reasonable hours. LANDLORD's entry into the Property shall be for the purpose examining it and to, in LANDLORD's sole discretion, make such repairs and alterations as LANDLORD may deem necessary to insure the orderly and proper maintenance of same. In addition, LANDLORD specifically reserves the right to enter upon the Property at reasonable times after first having informed TENANT of LANDLORD's intention to do so, for the purpose of showing the Property to prospective: (i) tenants; (ii) purchasers; or (iii) mortgagees. 13. DEFAULT. (a) If TENANT shall fail to pay any installment of Rent or other sums on the due date or if TENANT should fail to keep and perform each and every one of the terms and conditions of this Lease, then and in any of such events, TENANT will be in default hereunder. If TENANT should become in default hereunder, LANDLORD will have any and all of the rights and remedies which the law of Florida confers upon a WPBDOCs 8540135 2 landlord against a tenant in default, including, without limitation, the right to: (i) terminate this Lease and sue for unpaid Rent; and/or (ii) accelerate the entire unpaid balance of the Rent for the Term of this Lease and sue for the collection of such Rent; and/or (iii)take possession of the Property (and any and all of TENANT's personal property therein) and, at LANDLORD's option, rent the Property for the account of TENANT. In the event that LANDLORD takes possession of the Property, it may remove TENANT's personal property and store same at the expense of TENANT, without being liable for damages therefor. In the event that LANDLORD takes possession of the Property and relets same for the account of TENANT, LANDLORD shall receive the Rent and other proceeds thereof and apply same first to payment of expenses which LANDLORD may have incurred in connection with taking possession and reletting (including, without limitation, the cost of brokerage, repair, alteration and all other sums) and apply any remaining Rent or proceedings to payment of Rent and other sums due hereunder and TENANT shall remain liable for any deficiency. If at the time of any default by TENANT there remains any unrefunded balance of the Security, then LANDLORD may retain the Security without the fact of such retention of the Security altering or limiting the right to immediate possession of the Property by LANDLORD or any other rights of LANDLORD in law or in equity. In the event TENANT shall fail to vacate the Property as and when required hereunder, TENANT shall be deemed a tenant at sufferance and, in addition to any other rights and remedies accorded to LANDLORD,TENANT shall be charged, for each day during its occupancy, an amount equal to 250% of the rental amount which was due hereunder immediately prior to such holdover occupancy. (b) If, by reason of a default hereunder, a party employs an attorney to enforce or otherwise protect its rights hereunder and such party prevails in litigation resulting from the default, the non-prevailing party will owe and will pay the prevailing party's reasonable attorneys' fees (including fees at trial and appellate levels) and costs and expenses. 14. APPLIANCES AND AIR CONDITIONING. All fixtures and appliances at the Property are supplied by LANDLORD for the Term of this Lease and are owned by LANDLORD. 15. SUBORDINATION. This Lease is subject and subordinate to all ground or underlying leases, encumbrances, mortgages and other matters which may now or hereafter affect or become a lien upon the Property (or any portion thereof) and to any renewals, modifications, amendments, replacements or extensions thereof. TENANT shall execute any and all instruments as LANDLORD may request in order to effectuate or confirm the foregoing subordination and TENANT hereby irrevocably appoints LANDLORD as TENANT's attorney-in-fact to execute any and all such instruments. 16. CUMULATIVE REMEDIESL LAWS; NOTICES;_ INVALIDITY; WAIVER• SURRENDER• ENTIRE AGREEMENT: SUCCESSORSAND ASSIGNS. All rights and remedies herein created for the benefit of LANDLORD are cumulative and resort to any one remedy shall not be construed to be an election of remedies on the part of LANDLORD or to exclude or prevent LANDLORD's resort to any other remedy in WPBDOCs 8540135 2 this Lease. This Lease shall be construed in accordance with Florida law. All notices shall be hand-delivered or mailed by certified mail, return receipt requested, to LANDLORD at the address for payment of Rent and to TENANT (after the date of commencement of the Term of this Lease) at the property address. Notices to TENANT mailed in accordance with the terms hereof shall be deemed given when mailed; however, notices to LANDLORD shall be deemed received only upon actual receipt. Notices to TENANT may be effectuated by personally serving same on TENANT, any member of TENANT's family or any agent of TENANT found at or upon the Property. If any part or provision of this Lease is deemed by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions, all of which shall remain in full force and effect. No act or thing done by LANDLORD shall be deemed an acceptance of a surrender of the Property or this Lease,and no agreement to accept the Property and surrender the Lease shall be valid unless in writing signed by LANDLORD. Delivery of keys to LANDLORD or its agent shall not operate as a termination of this Lease or a surrender of the Property. The failure of LANDLORD to insist upon the strict performance of any provision of this Lease shall not constitute a waiver of any subsequent act or failure of performance. Receipt of Rent by LANDLORD with knowledge of breach of any provision of this Lease shall not be deemed a waiver of such breach. No provision of this Lease shall be deemed to have been waived by LANDLORD unless such waiver shall be in writing signed by LANDLORD and no payment of Rent of a lesser amount than that due, nor any endorsement or statement on a check, shall be deemed an accord and satisfaction and LANDLORD may accept such check or payment without prejudice to its right to recover any unpaid rent or other sums, or to pursue any remedy provided in this Lease. This Lease contains the entire agreement between the parties with respect to the subject matter and supersedes any prior or oral agreements or understandings. All promises, covenants and agreements set forth in.this Lease shall be binding upon and inure to the benefit of the parties hereto, and (to the extent permitted) their respective heirs, personal representatives, successors and assigns. 17. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state requirements have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. [SIGNATURES CONTAINED ON FOLLOWING PAGES] WPBDOCS 8540135 2 IN WITNESS WHEREOF, the parties hereto have executed this Lease on the date and year first above written. WITNESSES: LANDLORD: 500 Ocean Properties, LLC, a Florida limited liability company By: Christian Macoviak, its Managing Member WITNESSES: TENANT: Kala Marketing Croup Its: WPBDOCS 8540135 2 850-617-6381 1/24/2013 ,-_-.,j :11 AM PAGE 1/002 Fax Server In DNn On"Dn CHI MMCIn st HE XCROWCOCHM HICK 10 Kc ()f Mal te 'ta, tua y o u,, ME rj certify from the records f this office that KALA MARKETING GROUP, LLC, HIM is a limited liability company organized under the laws of the State of Florida, filed on January 23, 2013, effective January 23, 2013, documentThe this company is L13000011929. IC ' further certify that said company has paid all fes due this office through c r 31, 2013, and its status is active. F It: ,el Authentication o 00017 -012413-2,13000011929-1/1 G VIC XDC HHE UHoc nq'�"c Given under my hand and the lelc it Great Seal of. the State of Florida, allahs , theCapital, this the KCTwenty-fourth day of January, 2013 2 -C -mr, Rio E Aell Oeoner ecr¢tar�r �t t WX C M>n X:DKnC C Mor, DXnC KnWICE XVNC'�E DXtj I THICHREMMIN-11CH rMCKYWHn X1 s State of Dalabure Seozetazy of State Division of tiaras Certificate of Formation 12:23 23 01313 of SRV 130079746 - 52783127 FILE Simple Group, LLC 1. The name of this Delaware limited liability company is: Simple Group, LLC 2. The name and address of the registered agent of the Company is: Corporate Creations Network Inc. 3411 Silverside Road Rodney Building #104 Wilmington DE 19810 3. The Company will be a manager-managed company. 4. The profits and losses of the Company shall be allocated to the members in proportion to their percentage interest in the Company, unless otherwise provided in the Company's limited liability company agreement. Unless otherwise provided in the Company's limited liability company agreement, there shall not be any distribution of profits unless each separate distribution is approved by the affirmative vote of members who own more than 50% of the voting interest in the Company. The voting members shall have complete discretion on when and if to approve any distribution of profits, unless otherwise provided in the Company's limited liability company agreement. 5. No member shall have the right to assign the member's interest in the Company without the written agreement of all the members, unless otherwise provided in the Company's limited liability company agreement. Unless otherwise provided in the Company's limited liability company agreement, if all the members do not approve the assignment, the assignee shall have no right to become a member, to participate in the management of the Company or to exercise any other rights or powers of a member. The assignee shall merely be entitled to receive the share of profits and other distributions and the allocation of income, gain, loss deduction; credit or similar item to which the assignor was entitled,to the extent assigned. The undersigned authorized person has executed this Certificate of Formation on January 23,2013. AUTHORIZED PERSON: 1ESSICA MORALES,SPECIAL SECRETARY J I DEPARTMENT OF IRSIJTRNAL RENESERVCE CINCINNATI OH 45999-0023 Date of this notice: 01-24-2013 Employer Identification Number: 46-1853144 Form: SS-4 Number of this notice: cP 575 G KALA MARKETING GROUP LLC REINALDO SCHIAVINATO SOLE MBR For assistance you may call us at: 301 NE 51ST ST STE 1290 BOCA RATON, FL 33431 1-800-829-4933 IF YOU WRITE, ATTACH THE STUB AT THE END OF THIS NOTICE. WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER Thank you for applying for an Employer Identification Number (EIN). We assigned you EIN 46-1853144. This EIN will identify you, your business accounts, tax returns, and documents, even if you have no employees. Please keep this notice in your permanent records. When filing tax documents, payments, and related correspondence, it is very important that you use your EIN and complete name and address exactly as shown above. Any variation may cause a delay in processing, result in incorrect information in your account, or even cause you to be assigned more than one EIN. If the information is not correct as shown above, please make the correction using the attached tear off stub and return it to us. A limited liability company (LLC) may file Form 8832, Entity Classification Election, and elect to be classified as an association taxable as a corporation. If the LLC is eligible to be treated as a corporation that meets certain tests and it will be electing S corporation status, it must timely file Form 2553, Election by a Small Business Corporation. The LLC will be treated as a corporation as of the effective date of the S corporation election and does not need to file Form 8832. To obtain tax forms and publications, including those referenced in this notice, visit our Web site at www.irs.gov. if you do not have access to the Internet, call 1-800-829-3676 (TTY/TDD 1-800-829-4059) or visit your local IRS office. UTORTANT REMINDERS: * Keep a copy of this notice in your permanent records. This notice is issued only one time and the IRS will not be able to generate a duplicate copy for you. You may give a copy of this document to anyone asking for proof of your EIN. * Use this EIN and your name exactly as they appear at the top of this notice on all your federal tax forms. • Refer to this EIN on your tax-related correspondence and documents. If you have questions about your EIN, you can call us at the phone number or write to us at the address shown at the top of this notice. If you write, please tear off the stub at the bottom of this notice and send it along with your letter. if you do not need to write us, do not complete and return the stub. Your name control associated with this EIN is KALA. You will need to provide this information, along with your EIN, if you file your returns electronically. Thank you for your cooperation. oc S - OJ'PIi JIGV/O LLC CHASE. KALA.MARKET.lNG GROUP, 301 YAMAfO RD STS 1240 80CA RATAN-':FL 33431 3/29/2014 "3,500:00 1'AY TO THE 5Q0 OCEAN PROPERTIES, LLC - _ -ORDER OF: 7. 77. Three Thousand Five Hundred and 001100 7.7 500;OCEAN PROPERTIES,t,LC 51'1.E Ocean Ave,;. •:, - : Baynton Beach, I LA ,,eNa,, , MEMO Advance Rent 6 mo+Secunty Deposit 1120013020 1: 26 708 4 L 3 i1: 180 3 3 3 9 5011' Lease Extension A reement August 30, 1020 500 Ocean Properties, LLC(LANDLORD)and 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 2020 and terminating on the 30th day of August 2021. 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$1000.00(One Thousand) per month. This agreement shall be binding upon and shall insure the benefit of the parties,their successors,assigns, personal agents and managing members. Landlord Date l� Tenant Date $13112020 Witness Date 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 tis, 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$1030.00 G u"ad)per month. ( 0n Vr a wri-[htr 1:!j and tAP tm This agreement shall be binding upon and shall insure the benefit of the parties,their successors,assigns,personal agents and managing members. Landlord ( e ,gyp Date 9,12-4121 Tenant Date 8/22/21 Witness Date FLORIDA TECHNICAL CONSULTANTS, LLC OFFICES #2 & #3 OFFICE SPACE LEASE AGREEMENT THIS COMMERICAL LEASE AGREEMENT ("Lease") is made effective as of the 15th day of October 2017,between 500 OCEAN PROPERTIES,LLC,a Florida limited liability company, whose mailing address is 511 East Ocean Avenue, Boynton Beach, Florida 33435("LANDLORD")and Florida Technical Consultants,LLC,a Florida limited liability company("TENANT"), whose address shall be the address of the "Property" described below. WITNESSETH: That LANDLORD, for and in consideration of the covenants, agreements and conditions herein contained,on the part of TENANT to be kept and performed,does hereby lease to TENANT, and TENANT does hereby lease from LANDLORD, Office 2 located at 533 East Ocean Avenue,Boynton Beach, Florida 33435 ("Property"). The terms and conditions of this Lease are as follows: 1. TERM. The term of this Lease shall be for one (1) year, commencing on October 15,2017 and ending on October 14,2018 2. RENT. (a) TENANT agrees to pay to LANDLORD in lawful money of the United States each month during the Term of this Lease, the sum of Five Hundred Fifty and No/100 Dollars ($550.00) ("Rent"). Rent shall be paid at LANDLORD'S address stated above,or at such other place as LANDLORD may specify in writing. (b) Upon the execution hereof,TENANT shall pay to LANDLORD: (i) the sum of Five Hundred Fifty and No/100 Dollars($550.00)as prepaid first month's rent; (ii) the sum of Five Hundred Fifty and No/100 Dollars ($550.00) as prepaid last month's rent; and (iii) the sum of Five Hundred Fifty and No/100 Dollars ($550.00) representing the Security Deposit(defined below). The total sum to LANDLORD is $1650.00. (c) In addition to any other rights of LANDLORD hereunder, in the event TENANT shall fail to pay rent or other sums due hereunder on its due date,TENANT shall pay to LANDLORD a late fee in the amount of Thirty and No/100 Dollars ($30.00) for each calendar day that the Rent is late beyond the due date. The late fee is not a penalty, but liquidated damages to defray administrative and related expenses due to such late payment. 3. SECURITY DEPOSIT. TENANT hereby deposits with LANDLORD the sum of Five Fifty Hundred and No/100 Dollars ($550.00) as a security deposit(the"Security Deposit"),the receipt of which is hereby acknowledged,which sums shall be held by LANDLORD upon the following terms and conditions: (a) As security for the performance by TENANT of all of the terms,conditions and covenants of this Lease; and (b) As security for the return by TENANT to LANDLORD of the Property in accordance with the terms of this Lease. The Security Deposit shall not be construed as,or applied, in payment of any rental herein reserved to be paid; and (c) In the event of default of any kind by TENANT,then and in such event, LANDLORD shall be deemed authorized, at LANDLORD's option,to retain the Security Deposit as liquidated, stipulated and agreed upon damages; provided, however,that in no event shall LANDLORD be deprived of any other remedy,whether at law or equity or reserved by the terms of this Lease, regardless of retention by LANDLORD of the Security Deposit;and (d) Upon expiration of the Term of this Lease,and in the event that there has been no default of any kind whatsoever on the part of TENANT,the Security Deposit shall be returned to TENANT or LANDLORD shall give TENANT written notice of LANDLORD's intention to impose a claim against the Security Deposit on account of loss or damage to the Property, reasonable wear and tear excepted. There shall be no interest paid on the Security Deposit and LANDLORD may commingle the Security Deposit with other of LANDLORD's funds. 4. INSURANCE: (a) TENANT shall obtain general liability insurance covering the activities of TENANT and TENANT'S employees,agents,contractors,guests,customers, and invitees while on the Property in an amount of no less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00) each occurance. LANDLORD shall be listed as additional insured and a certificate of insurance shall be provided to LANDLORD within three(3)days after the commencement of this Lease. TENANT shall require its insurance company to provide at least thirty (30) days prior written notice to LANDLORD before canceling or altering the liability insurance policy. (b) TENANT shall obtain insurance covering TENANT'S personal property and inventory located at the Property. Under no circumstance shall LANDLORD be responsible or liable for TENANT'S ersonal roe or inventoEy located at the Properly. 5. OCCUPANCY AND USE OF THE PREMISES. (a) TENANT shall occupy the Property for office purposes only. TENANT shall not change, alter or install locks without the prior written consent of LANDLORD. (b) TENANT shall not allow any pets or animals on the Property without LANDLORD'S prior written consent (which shall be given or denied in LANDLORD's sole and absolute discretion). (c) No smoking shall be er fitted within the office,in the hallways or common areas at anytime with no exceptions. (d) TENANT shall abide by and comply with all reasonable rules and regulations now or hereafter promulgated by LANDLORD and all ordinances and laws of all governmental entities, whether federal, state or local,having jurisdiction in the matter. TENANT shall neither permit not commit,whether with or without knowledge or consent, any immoral, improper or unlawful practice or act in or upon the Property. TENANT agrees not to make,nor permit to be made,any disturbance,noise or annoyance of any kind which is detrimental to the Property. TENANT shall not,in any manner,alter,damage or deface the Property. (e) Provided that TENANT abides by all terms, obligations, and covenants of this Lease, TENANT shall enjoy quiet and peaceful possession of the Property during the Term. 6. UTILITIES. (a) During the Term, LANDLORD shall pay the cost of water and sewer service, garbage service, electricity, and quarterly pest control. During the Term, TENANT agrees to pay all utility charges for telephone,television/internet,and any other utilities or services used at the Property, including all installation and activation fees and any deposits required by such utility providers. (b) Except in the instance of LANDLORD'S negligence,LANDLORD shall not be liable to TENANT in the event any utility services are interrupted or become unavailable, for any reason whatsoever, and such interruption or unavailability shall not constitute actual or constructive eviction, nor be deemed an interference with TENANT's occupancy of the Property,nor shall Rent be abated during any such period of interruption or unavailability. 7. MAINTENANCE AND PAIRS•HURRICANE PROTECTION•. SURRENDER OF PROPERTY•, AND INSURANCE. (a) TENANT shall, at its sole expense,keep and maintain the Property in good, clean and sanitary condition and repair during the Term of this Lease. Except for repairs due to TENANT's misuse,waste,or neglect or that of TENANT"s family members, agents or visitors, the LANDLORD will be responsible for the repair and replacement of the roof,air conditioning system,and appliances. (b) TENANT shall not drain,nor permit the drainage of,grease into the toilets or sinks. (c) In the event of a hurricane watch or hurricane warning, TENANT shall use reasonable efforts to secure the Property against damage. (d) LANDLORD shall engage a professional pest control contractor to provide calendar quarterly pest control service. (e) TENANT shall, at the end of the Lease term, surrender and deliver to LANDLORD the Property, without demand, "broom clean"and in the same condition as it existed on the commencement date hereof,reasonable wear and tear excepted. 8. NO ADDITIONS OR ALTERATIONS. (a) TENANT shall not make any additions, changes or alterations in and upon the Property(including,without limitation,painting of portions of the Property) of any nature whatsoever without the prior written consent of LANDLORD,which consent may be given or withheld in LANDLORD's sole discretion. LANDLORD may remove or change, at TENANT's cost and expense, any addition, change or alteration made by TENANT without LANDLORD's consent,the charge for which shall be paid by TENANT upon demand. TENANT shall not permit or install nails, screws or adhesive hangers except standard picture hooks; and no nails, screws or hangers may be placed in walls, woodwork or any part of the Property. (b) No personal property, appliances or fixtures shall be removed by TENANT without the prior written consent of LANDLORD. LANDLORD's interest in the Property shall not be subject to mechanics' or other liens for improvements made by TENANT nor for services, labor or materials performed at TENANT's request. (c) If any lien is filed against the Property for improvements or work claimed to have been done or for materials claimed to have been furnished to TENANT, the lien shall be discharged by TENANT within ten (10) days thereafter, at TENANT's expense, and TENANT shall indemnify LANDLORD for any loss, cost, or expense incurred by LANDLORD as a result of TENANT'S violation of this provision. The foregoing indemnification shall survive termination or expiration of this Lease. 9. DESTRUCTION BY CASUALTY. In the event the Property or any portion thereof may be rendered untenantable by reason of fire, explosion or any other casualty, LANDLORD, at LANDLORD's option, may either repair the Property to make the same tenantable within sixty (60) days thereafter, or terminate this Lease. In such event,LANDLORD shall give TENANT ten(10)days'notice in writing of LANDLORD's intention to repair or terminate this Lease. If LANDLORD elects to repair the damaged Property, LANDLORD shall proceed with due diligence and TENANT's Rent for that period of time during which the Property is or remains untenantable shall be abated or apportioned. 10. PROPERTY LOSS DAMAGE AND INDEMNIFICATION. (a) The taking of possession of the Property by TENANT shall be conclusive evidence that the Property is in all respects in good and satisfactory condition and acceptable to TENANT. LANDLORD shall not be liable to TENANT, TENANT's family members,agents,licensees or invitees,for damage to persons or property caused by any individual or entity. LANDLORD shall not be liable for any patent or latent defects in the Property. (b) LANDLORD shall not be liable for the presence of bugs,vermin or insects in the Property. TENANT hereby releases LANDLORD from any and all claims for loss, damage or injury of any nature whatsoever to person or property, including (without limitation)damage caused by theft,vandalism,water,smoke,fire or other causes, or resulting in any way from or in any fashion arising from or connected with the occupancy or use of the Property. (c) TENANT further agrees to hold LANDLORD harmless and to indemnify LANDLORD from and against any and all claims, liabilities,actions,causes of action, damages,costs and expenses whatsoever which may arise out of, result from or be attributable to TENANT's use or occupancy of the Property,or any act or omission thereon (whether by TENANT, TENANT's family members, agents, employees, licensees or invitees), which indemnification shall include attorneys' fees at trial and appellate levels. The foregoing indemnification shall survive termination or expiration of this Lease. (d) LANDLORD'S insurance does not cover loss or damage to any of TENANT's personal property or possessions. If TENANT desires insurance coverage for any of TENANT's personal property or possessions, TENANT shall obtain and pay for any such insurance coverage. 11. ASSIGNMENT OR SUBLEASING. TENANT shall neither sublet the Property or any part thereof nor assign(voluntarily or by operation of law)this Lease or any interest therein, nor mortgage nor encumber the Property or this Lease. 12. RIGH'1" OF ENTRY. LANDLORD shall have the right by or through itself or its agents or employees, to enter the Property at all reasonable hours. LANDLORD's entry into the Property shall be for the purpose examining it and to, in LANDLORD's sole discretion, make such repairs and alterations as LANDLORD may deem necessary to insure the orderly and proper maintenance of same. In addition, LANDLORD specifically reserves the right to enter upon the Property at reasonable times after first having informed TENANT of LANDLORD's intention to do so,for the purpose of showing the Property to prospective: (i)tenants;(ii)purchasers;or(iii)mortgagees. 13. DEFAULT. (a) If TENANT shall fail to pay any installment of Rent or other sums on the due date or if TENANT should fail to keep and perform each and every one of the terns and conditions of this Lease,then and in any of such events,TENANT will be in default hereunder. If TENANT should become in default hereunder,LANDLORD will have any and all of the rights and remedies which the law of Florida confers upon a landlord against a tenant in default, including, without limitation, the right to: (i) terminate this Lease and sue for unpaid Rent; and/or(ii)accelerate the entire unpaid balance of the Rent for the Term of this Lease and sue for the collection of such Rent; and/or (iii)take possession of the Property (and any and all of TENANT's personal property therein) and, at LANDLORD's option, rent the Property for the account of TENANT. In the event that LANDLORD takes possession of the Property, it may remove TENANT's personal property and store same at the expense of TENANT, without being liable for damages therefor. In the event that LANDLORD takes possession of the Property and relets same for the account of TENANT, LANDLORD shall receive the Rent and other proceeds thereof and apply same first to payment of expenses which LANDLORD may have incurred in connection with taking possession and reletting(including,without limitation, the cost of brokerage, repair, alteration and all other sums)and apply any remaining Rent or proceedings to payment of Rent and other sums due hereunder and TENANT shall remain liable for any deficiency. If at the time of any default by TENANT there remains any unrefunded balance of the Security,then LANDLORD may retain the Security without the fact of such retention of the Security altering or limiting the right to immediate possession of the Property by LANDLORD or any other rights of LANDLORD in law or in equity. In the event TENANT shall fail to vacate the Property as and when required hereunder, TENANT shall be deemed a tenant at sufferance and, in addition to any other rights and remedies accorded to LANDLORD, TENANT shall be charged, for each day during its occupancy, an amount equal to 250% of the rental amount which was due hereunder immediately prior to such holdover occupancy. (b) If, by reason of a default hereunder, a party employs an attorney to enforce or otherwise protect its rights hereunder and such party prevails in litigation resulting from the default, the non-prevailing party will owe and will pay the prevailing party's reasonable attorneys' fees (including fees at trial and appellate levels) and costs and expenses. 14. APPLIANCES AND_AIR CONDITIONING. All fixtures and appliances at the Property are supplied by LANDLORD for the Term of this Lease and are owned by LANDLORD. 15. SUBORDINATION. This Lease is subject and subordinate to all ground or underlying leases, encumbrances, mortgages and other matters which may now or hereafter affect or become a lien upon the Property (or any portion thereof) and to any renewals,modifications,amendments,replacements or extensions thereof. TENANT shall execute any and all instruments as LANDLORD may request in order to effectuate or confirm the foregoing subordination and TENANT hereby irrevocably appoints LANDLORD as TENANT's attorney-in-fact to execute any and all such instruments. 16. CUMULATIVE REMEDIES• LAWS; NOTICES- INVALIDITY• WAIVER• SURRENDER; ENTIRE AGREEMENT,• SUCCESSORS AND ASSIGNS. All rights and remedies herein created for the benefit of LANDLORD are cumulative and resort to any one remedy shall not be construed to be an election of remedies on the part of LANDLORD or to exclude or prevent LANDLORD's resort to any other remedy in this Lease. This Lease shall be construed in accordance with Florida law. All notices shall be hand-delivered or mailed by certified mail,return receipt requested,to LANDLORD at the address for payment of Rent and to TENANT(after the date of commencement of the Term of this Lease)at the property address. Notices to TENANT mailed in accordance with the terms hereof shall be deemed given when mailed; however, notices to LANDLORD shall be deemed received only upon actual receipt.Notices to TENANT may be effectuated by personally serving same on TENANT, any member of TENANT's family or any agent of TENANT found at or upon the Property. If any part or provision of this Lease is deemed by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions,all of which shall remain in full force and effect. No act or thing done by LANDLORD shall be deemed an acceptance of a surrender of the Property or this Lease, and no agreement to accept the Property and surrender the Lease shall be valid unless in writing signed by LANDLORD. Delivery of keys to LANDLORD or its agent shall not operate as a termination of this Lease or a surrender of the Property. The failure of LANDLORD to insist upon the strict performance of any provision of this Lease shall not constitute a waiver of any subsequent act or failure of performance. Receipt of Rent by LANDLORD with knowledge of breach of any provision of this Lease shall not be deemed a waiver of such breach. No provision of this Lease shall be deemed to have been waived by LANDLORD unless such waiver shall be in writing signed by LANDLORD and no payment of Rent of a lesser amount than that due, nor any endorsement or statement on a check, shall be deemed an accord and satisfaction and LANDLORD may accept such check or payment without prejudice to its right to recover any unpaid rent or other sums, or to pursue any remedy provided in this Lease. This Lease contains the entire agreement between the parties with respect to the subject matter and supersedes any prior or oral agreements or understandings. All promises,covenants and agreements set forth in this Lease shall be binding upon and inure to the benefit of the parties hereto, and (to the extent permitted) their respective heirs, personal representatives, successors and assigns. 17. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities,may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state requirements have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. [SIGNATURES CONTAINED ON FOLLOWING PAGES] IN WITNESS WHEREOF, the parties hereto have executed this Lease on the date and year first above written. WITNESSES: LANDLORD: '. 500 Ocean Properties, LLC 17 - LZqy By: Christian Macoviak,its Managing Member TENANT: By: Jai ire"Barton,its President :i James arflon, Individually as Personal Guarantor`o`all of the terms and conditions of this Lease 9VI MOB . . _. coy y . LIA- C-1 JA " 3 R- o?f,c tJd ;i ,45G�;3 -�.3;SAY"-��. ata 3 'f,}x4451��r,ry a,y, ..�u..sm.,". ,.. ',,r+.::z�Y5_ x�.o3,�,e,r,r, �..4rn.£i¢�p ;; ". -.R+,s�;''--1186 FLORIDA TECHNICAL CONSULTANTS LLC 10327 TRIVERO TER BOYNTON BEACH,FL 33437-3775 63-751/63110548 y;. 3162297885 DATE i I's PAY TO THE ORDER OF.-.-..-............ , n� ,rte ' � rVJJX HUu� , �� p DOLLARS 8 d : `l m Wa85 Fargo Bank,NFlorida .0. W lhrxgo_ e FOR I1'000000L186u■ i:0631075L3': 3L62297885u' �� ,,,._.�,�� o•�,,,, ��.��f� ,.�� _ �..� :aa.�5__ 't��F ,., ..•�� .,��K„K�K,��, �:-� .��,v �.�, �,�_g��_�;4�.��,�e,�ate.,.��r „< <w��. .,�a�a,,�=�:; I A l7_.-(;R,:'i l0N `f RAi;el'+,';'r tri MGM"" " Lease Extension Agreement September 28, 2020 500 Ocean Properties, LLC, a Florida limited liability company whose mailing address is 511 E Ocean Avenue, Boynton Beach, FL 33435 ("LANDLORD")and Florida Technical Consultants, LLC, a Florida limited liability company("TENANT")agree to extend lease on said premises know as 533 E Ocean Ave#2 and#3, Boynton Beach, FL 33435, original lease dated 15th day of October 2017. For good consideration 500 Ocean Properties, LLC and Florida Technical Consultants, LLC "tenant") agree to extend the said lease for a period of one year,starting date of 15th day of October 2020 and terminating on the 14th day of October 2021. 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, Florida Technical Consultants, LLC, ("tenant") agrees to pay rent in the amount of$1300.00(One thousand se per month. This agreement shall be binding upon and shall insure the benefit of the parties,their successors,assigns, personal agents and managing members. Landlord -- - 4-tc� ��a'1� Date 3 ZQ- -o Tenant °' Date a Witness Date Lease Extension Agreement September 21,2021 500 Ocean Properties, LLC, a Florida limited liability company whose mailing address is 511 E Ocean Avenue, Boynton Beach, FL 33435 ("LANDLORD")and Florida Technical Consultants, LLC, a Florida limited liability company("TENANT")agree to extend lease on said premises know as 533 E Ocean Ave#2 and #3, Boynton Beach, FL 33435,original lease dated 15th day of October 2017. For good consideration 500 Ocean Properties, LLC and Florida Technical Consultants, LLC "tenant") agree to extend the said lease for a period of one year,starting date of 15th day of October 2021 and terminating on the 14th of October 2022. The Parties reserve the right, in their sole and absolute discretion,to to a this lease for any reason upon providing 90 days written Notice to the other Party. Initial (Tenant)�_Initial(Landlord) During the lease extension period, Florida hnical Consultants, LLC, ("tenant") agrees to pay rent in the amount of$1340.00(One thousand three hundred forty) per month. This agreement shall be binding upon and shall insure the benefit of the parties,their successors, assigns, personal agents and managing members. Landlord C��,- kqy App if A Date Tenant Date our ( Gyzl Witness Date From:outlook_C626AC7D4FBD1534@outlook.com Sent: Friday, December 31, 20214:30 PM To:shuttt@bbfl.us Subject: Request for lease extension. I am asking for a fare time to relocate. I have discovered that pricing other places has inflated beyond My income. I have my local friends and neighbors helping me to look. I am a 82nd Airborne veteran and Hope the V.A. will help as well . I am going to hate leaving here but I understand that I will have to go as soon as possible. This may take some time because I wasn't planning on moving out. I just recently was told This building was sold to Boynton Beach Community Redevelopment Agency. The more generous you are,the less stress it will be for me. I do agree on the $1030.00 per month. I also agree to keep my place clean and neat as I always do. I can be reached by phone or e-mail. If I don't answer the phone then please leave a message. I will not answer possible scam callers. I could write on but I want to keep this simple. Freddie H Brinley 517 East Ocean Avenue#5 Boynton Beach, Florida 33435 561-699-7147 ..................... Sent from Mail for Windows sirfredofboca@gmaii_com UVIS L NGMAN LWI VO Reply To: West Palm Beach December 16,2021 Freddie Brinley 517%East Ocean Avenue Apartment No.5 Boynton Beach, FL 33435 Re: Residential Lease Agreement dated January 6,2019,by and between S00 Ocean Properties,LLC("Landlord")and Freddie Brinley("Tenant!) (together with all amendments,assignments and modifications thereto and memoranda thereof,if any,the"Lease") Dear Mr. Brinley: The purpose of this letter is to notify you that the property which is the subject of the lease has been sold by 500 Ocean Properties, LLC to the Boynton Beach Community Redevelopment Agency(hereafter "New Owner"). At the time of the conveyance of the property,the Lease was assigned to New Owner. Effective immediately, New Owner is the "Landlord" pursuant to the Lease and all rent and other sums payable under the Lease, as well as all notices to be delivered under the Lease should be directed to New Owner at the following address: Boynton Beach Community Redevelopment Agency c/o Theresa Utterback 100 East Ocean Avenue,4i"Floor Boynton Beach, FL 33435 Should you have any questions, please contact Theresa Utterback at the address listed above or by telephone at(561)737-3256. Thank you. Sincerely, Kenneth Dotage, Esquire KWD/jlb ACKSONVILLE ST.PETERSBURG TALLAHASSEE TAMPA WEST PALM BEACH !45 Riverside Ave.,Suite 510 100 Second Ave.,South 31S South Calhoun St.,Suite 830 301 West Platt St. 515 North Flagler Dr.,Suite 1500 acksonville,Florida 32202 Suite 501-S Tallahassee,Florida 32301 Suite 364 West Palm Beach,Florida 33401 r:904.353.6410 St.Petersburg,Florida 33701 T:850.222.5702 Tampa,FL 33606 T:561.640.0820 904.353.7619 T:727.245.0820 F:850.224.9242 T:813.775.2331 F:561.640.8202 F:727.290.4057 See Things DifferentlyO Lease Extension Agreement June 24, 2021 500 Ocean Properties, LLC and Freddie Brinley("tenant") agree to extend lease on said premises know as 517 3/ E Ocean Ave Apt#5, Boynton Beach,FL 33435,original lease dated 6th day of January 2019. For good consideration 500 Ocean Properties, LLC and Freddie Brinley("tenant") agree to extend the said lease for a period of six-months,starting date of 61''day of July 2021 and terminating on the 5ei day of January 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, Freddie Brinley("tenant") agrees to pay rent in the amount of$1030.00(one thousand thiry)per month. Payment is to be received by the 6th of each month. All other lease terms shall remain unchanged and continue during the lease extension period as is set forth herin. per Section 4(c) of the original lease,there is no smoking permittted within the apartment, in the hallways,or common areas at anytime with no exceptions. I will issue an Immediate lease termination if this occures.Stairs are part of common area. Initial Per Section 4(a)of the original lease,Tenant shall occupy the Property as a residential apartment for Tenant Only. Initial You are the only named tenant. Anyone over the age of 18,if residing in the apartment we will need a written request to review to add to lease. This agreement shall be binding upon and shall insure the benefit of the parties,their successors, assigns,personal agents and managing members. LandlordDate - _ Tenant Date ` ' x2a2! Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 10, 2022 Chair Grant requested a motion to move Items 17 C and D and Item 16 1 before the Consent Agenda. Motion Board Member Penserga moved to approve as amended. Board Member Katz requested an amendment to the motion to move up, but also move CRA Projects in Progress to after New Business. Board Penserga accepted the amendment Board Member Katz seconded the motion. The motion passed unanimously. 17 C. Discussion and Consideration of a Lease Extension Request for Mr. Freddie Brinley located at 517 1/2 East Ocean Avenue, Apartment #5 (Heard out of Order) Ms. Shutt noted Mr. Brinley did not indicate how long of an extension he wants. Mr. Brinley advised he looked for apartments, but rents doubled and he was asking the VA for assistance. If he cannot move in Boynton Beach, he will have to look elsewhere and return to Kentucky. He would like to have as long as possible to look for another rental. He needs a one bedroom. Mr. Brinley's lease expires January 5th. Ms. Shutt explained the building is a pretty old building and it is non-compliant. There were safety concerns. The CRA will work with him, but staff does not want the holdover to be indefinite. Chair Grant suggested as with the prior landlord, they not allow anything more than 90 days. There was agreement Mr. Brinley would remain for another 90 days with rents due on the 5th. He did make his January payment. Motion for 17 C. Board Member Katz supports a 90-day extension. Vice Chair Hay seconded the motion. The motion passed unanimously. 17 D. Discussion and Consideration of a Lease Extension Request for Mr. Scott Rudderow located at 517 1/2 E. Ocean Avenue, Apartment #3 (Heard out of Order) Ms. Shutt recommended an extension to Mr. Rudderow's lease. Mr. Rudderow stated he hoped to leave at the end of January. His lease ends January 14th, but he preferred to stay until the middle of February. There was agreement Mr. Rudderow would vacate on or before February 14th by 5 p.m. Motiorl'fort 17 D. Vice Chair Hay so moved. Board Member Penserga seconded the motion. Rent will be assessed, but the CRA will use the security deposit. Attorney Duhy explained this is an agreement not to enforce any eviction based on rent and holdover. The motion passed unanimously. 5 Utterback, Theresa From: outlook_C626AC7D4FBD1534@outlook.com <sirfredofboca@gmail.com> Sent: Tuesday,April 5, 2022 1:11 PM To: Utterback, Theresa Subject: Request for lease extension Sent from Mail for Windows This is my second Lease Extension request. The board has given me a fare time to relocate . Inflation is getting worse for all of us. I am still in process of finding a safe place to go.At the moment all the places that I found are out of my income level.There are places in Boynton Beach that are Unhealthy and places that are dangerous. I will not stop looking. The VA. Has my application and informed me that there is a very long waiting period I do agree to keep paying rent on time while I'm here. The benefit of me being here is to keep trespassers off of the property. I also help keep Dewey Park clean. I have a good view of the Park and the public parking lot on the north side of the building. I have before and will contact the proper authorities should I see any laws being broken or anyone hurt. As usual I will keep this apartment clean. To keep this request simple, I will end this by saying Thank You. Freddie Hillary Otis Brinley jr. 561-699-7147 1 Lease Extension Agreement January _W_, 2022 The Boynton Beach Community Redevelopment Agency ("Landlord") and Freddie Brinley ("Tenant") agree to extend lease on said premises known as 517 Y2 E Ocean Avenue,Apartment 5, Boynton Beach, FL 33435, original lease dated 6th day of January 2019. For good consideration, Landlord and Tenant agree to extend the said lease for a period of ,3_ponth(s), starting date of 6' day of January, 2022 and terminating on the�OtL day of /,V)f 2022.The parties agree that no further right of renewal or extension shall exist b yond the termination date indicated above unless of parties agree to another lease extension agreement. During the lease extension period, Tenant agrees to pay rent in thea oun f$1,030.00 (One Thousand and Thirty Dollars) per month. All her lease terms shall remain unchanged and continue during the lease extension period as is set forth herein. Per Section 4(c) oft e original lease, there is no smoking permitted within the apartment, in the hallways, or common areas atany time with no exceptions. Landlord will issue animmediate lease termination if this occurs. Stairs are part of common area. Initial. Per Section 4(a) of the original lease,Tenant shall occupy the Property as a residential apartment for Tenant Only. Initial Freddie Brinley is the only named tenant. Anyone over the age of 18, if residing inthe apartment, we will need a written request to review to add to lease. Tenant® by executing below, accepts the condition oft Property in its current condition and saves, defends, and holds Landlord harmless from any and all liability, direct or indirect, resulting from,Tenant's use of the Property for the term stated herein. This agreement shall be binding upon and shall insure the benefit oft e parties,their successors, assigns,�pers nal agents a as in members. Landlord Date t) Tenant % Date V/ 1Q, 01586813-1 Second Lease Extension Agreement April , 2022 The Boynton Beach Community Redevelopment Agency ("Landlord") and Freddie Brinley ("Tenant") agree to extend lease on said premises known as 517% E Ocean Avenue, Apartment 5, Boynton Beach, FL 33435, original lease dated 61" day of January 2019. For good consideration, Landlord and Tenant agree to extend the said lease for a period of month(s), starting date of 61" day of April, 2022 and terminating on the day of , 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, Tenant agrees to pay rent in the amount of$1,030.00 (One Thousand and Thirty Dollars) per month. All other lease terms shall remain unchanged and continue during the lease extension period as is set forth herein. Per Section 4(c) of the original lease, there is no smoking permitted within the apartment, in the hallways, or common areas at any time with no exceptions. Landlord will issue an immediate lease termination if this occurs. Stairs are part of common area. Initial. Per Section 4(a) of the original lease, Tenant shall occupy the Property as a residential apartment for Tenant Only. Initial Freddie Brinley is the only named tenant. Anyone over the age of 18, if residing in the apartment, we will need a written request to review to add to lease. Tenant, by executing below, accepts the condition of the Property in its current condition and saves, defends, and holds Landlord harmless from any and all liability, direct or indirect, resulting from Tenant's use of the Property for the term stated herein. This agreement shall be binding upon and shall insure the benefit of the parties, their successors, assigns, personal agents and managing members. Landlord Date Tenant Date 01586813-1 BOYNTO immiBEACH C d CRA BOARD M EETING OF: April 12, 2022 OLD BUSINESS AGENDAITEM: 16.C. SUBJECT: Discussion and Consideration of Letters of Intent for the Cottage District Infill Housing Redevelopment Project SUMMARY: The CRA owned vacant parcels identified as the Cottage District Project site total approximately 4.6 acres and is located in the block between N. Seacrest Boulevard and NE 1 st Street and NE 4th and NE 5th Avenues (see Attachment 1). It has long been thought that the best use for the site would be owner-occupied, single family detached, workforce-affordable homes or a mix of detached homes and townhouse style attached units under fee-simple ownership. On August 11, 2020, the C RA Board approved the issuance of the Cottage District I nfill Housing Redevelopment Project RFP/RFQ (see Attachment 11) for the development of owner-occupied, single family detached, workforce-affordable homes or a mix of detached homes and townhouse style attached units under fee-simple ownership. As required, the CRA obtained a property appraisal of the project site dated August 10, 2020, with an estimated market value of $1,893,000. The CRA recently purchased the remaining properties 115 NE 4th Avenue and 133 NE 4th Avenue and an updated appraisal was obtained on March 15, 2022, indicating an estimated market value of$2,472,000 (see Attachment 111). At the December 8, 2020 meeting, the CRA Board established the top three submissions as Boynton Beach Cottage District Development, LLC (BBCD); Pulte Home Company, LLC; and Azur Equities, LLC. The Board selected Azur Equities, LLC and directed staff to commence negotiations on April 13, 2021, after the first two developers withdrew from the process. On January 10, 2022, the CRA Board voted to terminate negotiations with Azur Equities, LLC for the Cottage District I nfill Housing Redevelopment Project. CRA staff received a Letter of Intent (LOI)from East to West Development Corporation on April 5, 2022 (see Attachment IV). The LO indicates the following: • CRA contribution of land • Total development cost is $10.5M • Total of thirty-six(36) single family dwelling units • Average sell price of $292,000 ($195-$243 per square foot) but price points may be adjusted to account for land value and PBC income limits • Three (3) models proposed ranging in size from approx. 1,200 s.f. to 1,500 s.f. with a mix of 3 and 4 bedrooms • 4th model for 25' wide lots for 2 bedroom units just under 1,200 s.f. • No garages, but will have a 16' concrete pad for 2 parking spaces • Sample of elevations provided but can add more options as part of Site Plan Approval process • Complete project within a two (2)year timeframe CRA staff received a Letter of I ntent (LOI)from Centennial Management Corporation on April 7, 2022 (see Attachment V). The LOI indicates the following: • Purchase price of $1,893,000 • 31 for sale townhouse units • 34 multifamily senior housing rental units with a community center • $50,000 Deposit within five business days of purchase contract execution • SAIL or 9% LIHTC funding from 2022 Florida Housing Finance Corporation (FHFC) Application cycle • Closing shall occur within 15 days from underwriting from FHFC FISCAL IMPACT: FY2021-22 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 CRA BOARD OPTIONS: As per the CRA's Letter of Intent (LOI) Policy (see Attachment VI), the Board has options as summarized below: Option I - The CRA Board may accept a Letter of Intent and direct the CRA staff and legal counsel to negotiate the terms and conditions of a Purchase and Development Agreement 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 CRA staff and legal counsel to develop a request for proposal document to be presented to the CRA Board for their consideration at the next available meeting; Option I I - 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 CRA staff and legal counsel to develop a request for proposal document to be presented to the CRA Board for their consideration at the next available meeting; or, Option I I I - 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 I ntent and elect not to proceed with any further action. Option IV - Alternative direction as determined by the CRA Board which may include exploring the option for the C RA to develop the project. ATTACHMENTS: Description D Attachment I -Cottage District Location Map D Attachment II -2020 Cottage District RFP/RFQ and Addenda D Attachment III - March 15, 2022 Vance Cottage District Appraisal D Attachment IV - East to West Development Corporation LOI D Attachment V -Centennial Management Corporation LOI D Attachment VI -CRA Policy for Processing Letters of Intent 1, 2 �4 t� 11, �!£ �1W.x1U ' t r � r£, £ 2,Wr } }�1� CL £ ba CL co Ij r' i r 4 v £ r sr}£r t r, i � r 1 u � o �!r'�L�?��S�S�hl��t1,:r, ii�fli��4��i '2}�5} ��! ��r,�l�VAi �,1,•*��l�,1�)JW�. �tl._,�s �. �-., £,a� „_._.. -- ` z� A„4, ,;,., ,.,,,f i�£;_ r r f \i s£ t f 1 - � f� 2 £ s i t B EACH .. . Cv1 `r iUK ' t Op, F "'nes3 A 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) J, ), s 3 s ss��t}�l4 t4 �( st sst �t � "tt�i111 z,�1Vt i t \ � 01353549-2 Page 1 of 36 The Boynton Beach Community Redevelopment Agency (BBCRA) is issuing a Request for Proposals and Developer Qualifications (RFP/RFQ) for the acquisition and redevelopment of the BBCRA-owned properties within the Heart of Boynton District. These properties, collectively known as the Cottage District Infill Housing Redevelopment Project Site, are located between N.E. 4th and N.E. 5th Avenues and N. Seacrest Boulevard and N.E. 1St Street,Boynton Beach,Florida (the"property"or"Project property"). The BBCRA will accept sealed proposals at its office located at 100 E. Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 ON OR BEFORE October 23, 2020, no later than 3:00 p.m. Eastern Standard Time,as determined by the time stamp or clock at the BBCRA's reception area. Proposals to this RFP/RFQ(proposals) received after the date and time set forth above will NOT BE ACCEPTED FOR CONSIDERATION. All proposals will be date and time stamped by the BBCRA. Faxed or emailed Proposals will NOT BE ACCEPTED FOR CONSIDERATION. The RFP/RFQ documents, including all related attachments must be obtained from the BBCRA office or website at www.hovntonheaehera.eom (Click RFPs/RFQs/ITBs Tab on right hand side). 1. Community and Economic Setting The City of Boynton Beach (City),with a population of 72,000,is the third largest city in Palm Beach County, Florida. It is located approximately 45 miles north of Miami and 15 miles south of West Palm Beach. This puts it in the heart of southeast Florida's rapidly growing tri- county Miami-Dade/Broward/Palm Beach Metropolitan area. Boynton Beach has direct access to the Intracoastal Waterway, Interstate 95 (I-95) and the Florida Turnpike. It also has a market of more than 6 million people within a two-hour radius and ready access to three international airports, two major rail lines, as well as the Tri-Rail regional commuter rail system. The Heart of Boynton District is bounded by I-95 to the west, Federal Highway to the east, the Boynton Beach Canal (C-16) to the north and Boynton Beach Boulevard to the south. Seacrest Boulevard runs north-south through the center of the community. Over the past 14 years there has been approximately$100 million of public investment into the Heart of Boynton and Cultural Districts in furtherance of the 2016 Boynton Beach Community Redevelopment Plan ("BBCRA Plan") with respect to property acquisition, infrastructure improvements, parks, construction of new affordable housing and rehabilitation of existing homes. Some of the projects are: • The City completed the redevelopment of the Carolyn Sims Center and Denson Pool for a total of$10 million in 2006. The Center is located at NW 12th Avenue and is the center of neighborhood activities. 01353549-2 Page 2 of 36 • The City invested $1.5 million of federal stimulus dollars into the Seacrest Boulevard corridor from Boynton Beach Boulevard north to the C-16 canal to create an attractive streetscape with new lighting, landscaped medians, and public art. • The City and BBCRA are currently partnering on the Model Block Project, redeveloping a block of new single-family homes at NW 11th Avenue and N. Seacrest Boulevard. The project includes upgraded streetscapes, utilities and ten new affordable single-family home sites. Home construction began in June 2018. • The BBCRA partnered with the City to combine funding to complete a $1.3 million renovation project to improve Sara Sims Park, an eight acre park located at the SW corner of Martin Luther King Jr. Blvd. and N. Seacrest Boulevard. A master plan was developed with community input and the project was completed in October 2019. • The BBCRA, in partnership with Centennial Management Corp., is in the process of redeveloping a 4.3 acre site between N. Seacrest Boulevard and NE 1st Street and between NE 6th and 7th Avenues. The $26 million dollar project will consist of 123 multi-family affordable 1-3 bedroom rental units with residential and site amenities, including a small flex and community space. The project is currently underway and scheduled to be completed in December 2020. • The BBCRA, in partnership with Centennial Management Corp., will also be redeveloping a 3.6 acre site on E. Martin Luther King Jr. Boulevard into an affordable mixed-use project consisting of 124 residential units and 8,500 square feet of commercial space. The $30 million dollar project is fully funded and construction is scheduled to begin in the spring of 2021. • As part of the 16.5 acre mixed-use P3 Town Square Project, the BBCRA and the City partnered to fund and complete the construction of a new municipal complex consisting of a City Hall/Library building, District Energy building, Fire Station, amphitheater and public spaces, a fully inclusive playground, and the $11 million renovation of the historic High School building into a Cultural Center with a meeting and convention space for use by the public and a future hotel. The Town Square Project is located at the SE corner of E. Boynton Beach Boulevard and N. Seacrest Boulevard and will feature private development of a hotel along with residential and commercial components to complement the public facilities. The publicly owned elements were completed in July 2020. 2. Property Disposal and Project Description This RFP/RFQ is being issued for a project known as the Cottage District Infill Housing Redevelopment Project (the "Project"), and is seeking proposals for the acquisition and redevelopment of a BBCRA-owned property identified in this RFP/RFQ. The Project site is approximately 4.2 acres of vacant property located between N.E. 4th and N.E. 5th Avenues and N. Seacrest Boulevard and N.E. 1St Street, Boynton Beach, Florida. The Project site lies within the BBCRA Heart of Boynton District boundaries and is identified in the BBCRA Plan as a priority residential site. 01353549-2 Page 3 of 36 Additionally, the property is also located in the PBC Qualified Opportunity Zone. For more information, see httD://maDs.co.12alm-beach.fl.us-lcwLjis/?aDD=Dbc 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: w�.b�onton�beach�cra.com 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 Development proposals should include traditional residential amenities, as well as those to enhance or improve existing community assets. Overriding goals for the future Project include quality design through the use of urban design principles, and the use of alternative energy sources where possible. Proposals shall incorporate a publicly accessible neighborhood pocket park to be located along the eastern portion of the site. Firms or entities responding to this RFP/RFQ ("Proposers") are encouraged to exercise creativity in defining a concept that satisfies the vision of the BBCRA Plan, use of applicable and appropriate zoning or entitlements, and sound real estate development practices. Pursuant to Section 163.380(2), Florida Statutes, offers for the acquisition of the properties for less than fair value shall require approval by the Boynton Beach CRA Board and the Boynton Beach City Commission. 3. Land Use Regulations. The Heart of Boynton District section of the BBCRA Plan provides information on the vision for future redevelopment within this area, which includes the Project site. The recommended future land use Land Use designation for the property is High Density Residential (HDR) with a corresponding Zoning designation of Multi-family Residential District(R-4) or Infill Planned Unit Development District(IPUD) which supports a maximum density of 15 units/acre (plus a 25% density bonus for the creation of workforce housing) and maximum built height of 45 feet. It is the responsibility of each Proposer to review the City of Boynton Beach Land Development Regulations and Workforce Housing Ordinance for applicable guidelines and limitations. As stated in the BBCRA Plan,the community supports construction of one and two story units with a maximum height of three stories, if located within the interior of the site. 01353549-2 Page 4 of 36 4. Palm Beach County Impact Fees. Development of the property will be subject to Palm Beach County Impact Fees. Please contact Impact Fee Coordinator for PBC, Willie Swoope at (561) 233-5025, wswooeCpl�cgov.or for specific information regarding impact fees and/or credits applicable to the proposed development, or to download relevant information go to: httgffdiscover.pl�c ov.or t�zl�fadmiuistration Pa es,/Impact-Fees.aspx. S. Survey and Appraisal. An aerial boundary and parcel map along with a copy of the property survey is included with this RFP-RFQ as Attachments "A" and "B." An appraisal of the subject properties was completed and is available in electronic form upon written request to the BBCRA. Proposers should not rely solely on the information in the appraisal when compiling a 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 BBCRA Plan for Project development and design guidance. Proposals will be evaluated on their adherence and incorporation of architectural and design elements presented in the BBCRA Plan listed above and the design examples under Attachment"E." 7. Incentives for the Project. Under Chapter 163, Florida Statutes,the BBCRA is empowered to encourage and incentivize redevelopment within the BBCRA Redevelopment Area consistent with the BBCRA Plan.The BBCRA is committed to meeting the goals and objectives of the BBCRA Plan and will support the Project with policies and funding. To support the Project under this RFP/RFQ,the following incentives are available: • The BBCRA may provide financial incentives to enhance home ownership opportunities, such 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 BBCRA funding. • The BBCRA may provide support and assistance in pursuing any permits or approvals that may be required to expedite the selected site development plan. • The BBCRA has allocated $385,825 in the FY 2020-2021 Budget for the Project. 01353549-2 Page 5 of 36 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 SimonMC@LLfl.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. i. 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 15 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.hovntonheachcra.com (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 i. 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. i. Any Purchase and Development Agreement must be in a form approved by the BBCRA Board and BBCRA legal counsel. ii. If the BBCRA and the successful proposer are not able to agree upon a Purchase and Development Agreement satisfactory to both parties within 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.hovntonheachcra.com. Issue Date: August 17, 2020 Request for Information Deadline: October 12, 2020, 5:00 p.m. Submittal Deadline: October 23,2020,by 3:00 p.m.,BBCRA Office Presentation to the BBCRA Advisory Board*: November 5, 2020, at 6:30 p.m., City Hall Presentation to BBCRA Board*: November 10, 2020, at 5:30 p.m., City Hall Purchase & Development Agreement to BBCRA Board*: January 12, 2021, at 5:30 p.m., City Hall (*Note:Dates above subject to change—registered interested parties will be notified by email of changes, if any) 17.Contact and Questions a. Contact Information. All correspondence, questions, and requests for clarifications related to this RFP/RFQ must be directed to the person designated as the procurement officer for this RFP/RFQ: 01353549-2 Page 12 of 36 Michael Simon, Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4th Floor Boynton Beach, Florida 33435 Phone: (561) 600-9091 Email: SimonMC�LLfl.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 "L"). 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; 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; 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 qM1„ Cd , ik rr I I I F sk } a r 1 i wax 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() 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 t ; �t ++ N , t F , �f 1 �11 trpKAlt 0\ s ll u�SSt Gut' s-u " u. iau,t zst+, Ak 77 fi Y t 5 �u 3a lk u 01353549-2 Page 22 of 36 ATTACHMENT "E" (continued) SAMPLE ELEVATIONS 1„ J. i rT g. t v x o i ( s1 c IT NJ w � i (f ' h „ � s - .d n 01353549-2 Page 23 of 36 ATTACHMENT "E" (continued) Alternative Carport Options and Urban Neighborhood Site Plan Concepts NMI r sir.. I— a [. ..,. r . u s 2 zip graphics below by Looney Ricks Kiss Architects, Inc. . a �.••• ,�" r� t( ate-:- , r �e �\s 14 eui- .sane u'_..4s..� ! nsa e,le asuei a.l�u� re wd'!itW. J am e q i"�acvl11 li .a x p ria, 1— � e ,nl , A4 r 10 fg, ' Al -,& . 01353549-2 Page 24 of 36 graphics below by Looney Ricks Kiss Architects, Inc. R t,r 1- f vTk lm t# Y q 11 Ir o- .�aa, ,..r,��tip,.,, 1. I,f " f - m l � Y - •,, F S �,�t a�a��uros s, a:: a �.,lws >v rig v m._ w 13,F,r. VWU, WNW If z G o- a, ss r� t 1 r 4 ', g m1�1'rk.4 t� D1 N ANI N lr —V tri.,+« 4 U-0U-0n,OW trwr war 4wu k Ow X 4fmu a if m as xr 2"rga4 u�F hMr{ag"��,6 ,ed 6, L] W xa'.Yfi 3 e Ia ".,.,we! rmm2ls .3 Asa calP rr i W!..o�lmu�m WE�s "N" �sfb FJ —i G. n,, ,.a gar,.'d ap ir1 "*' W ne f r..,A—0, 0.fxi 5f x 6 Obb e.a nw seer fw v U 1 P b� Id, 14 ,� 4 tib « MENEM q [£ nSl,��: 7 a S�f' i"' It _ .,1, 'x a• P. �J 3 FY N-Esl 7' 01353549-2 Page 25 of 36 graphics below by Looney Ricks Kiss Architects, Inc. CoamLv'a� 11ousi- L,��ri -1, A Xa T.-I I A tiu or»a 111,o h— -41— e swr ru..,,r wsr arc .tr.Werra r. ,awvar k, r,q n i, 61 ON" was Rvnci bi'i ROL, J� 01353549-2 Page 26 of 36 graphics below by Looney Ricks Kiss Architects, Inc. � 1 iW i „z 5i ' I J1 ma �( WINNS'U#�a�ildVaIMENSAWARXYFFS=,.�Aic„��".` y V u w , 3 9 - w `5,. s•n `w” � '�••P' 6 XR1`�N wr�-is 'd0' Yt Y s q X LE r n x k. A 1'41 A- 4 F graphics below by Looney Ricks Kiss Architects, Inc. 01353549-2 Page 27 of 36 h k l, j r I TJ Aw t"",` Y?t i'a?�St� i~s feX,.s3tiY"'n-�sl;iit• ?5=.:hNZdu }S2E2&'.'(a. '1�Aa iffiv.: .11XZ'_.4r3 ....�_'1',�'.�--nXkr..i 'l WJ a trs � a k - r , o a ti i �t t w a � d r {(fl A`•< rat+i IMWN, „m VON r v>m .mbg g1,,t a g?%gg0.,tl�k1t?£t��4ffXtths n " t k W , . % 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 (htt : ff�n.ifas.ufl.edul) 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 Entityj: The proposer hereby consents to and authorizes the Boynton Beach Community Redevelopment Agency's ("BBCRA") investigation into the creditworthiness of the Proposer. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of the Proposer's credit worthiness on behalf of the BBCRA, including independent contractors and credit agencies retained by the BBCRA for such purpose. Any information provided to the BBCRA is a public record subject to the provisions of Ch. 119 F.S. Proposer grants such consent and authorization to the BBCRA for the period commencing as of the date of this authorization and terminating at the time a Proposal is selected by the BBCRA Board. This proposer hereby waives any and all claims, past present or future, which the proposer may have against the BBCRA by reason of any credit investigation made pursuant to Proposer's consent and authorization herein given to the BBCRA. An authorization to Perform Credit Check will need to be completed by each Principal/Owner and by the Business. Proposer (Business) Name (D/B/A if applicable): Current Business Address: Federal Tax ID# State of Incorporation: Phone #: Fax#: Authorized Signature: Date: Print Name: Title: 01353549-2 Page 31 of 36 ATTACHMENT "I" AUTHORIZATION FOR RELEASE OF INFORMATION To whom it may concern: The undersigned hereby authorizes you to release to the Boynton Beach Community Redevelopment Agency (BBCRA) or the City of Boynton Beach any information in your possession regarding the undersigned either of a professional credit or personal nature including the statement of your opinions with regard to the undersigned's professional credit and personal character, or of the proposer identified below. The undersigned also authorizes you to release to the Boynton Beach Community Redevelopment Agency (BBCRA) or the City of Boynton Beach any information in your possession regarding the business identified as "proposer"below. By: STATE OF FLORIDA COUNTY OF PALM BEACH THE FOREGOING INSTRUMENT was acknowledged before me this day of . 2020,by who is personally known to me or who has respectively produced as identification and did not take an oath. Notary Public: Print Name: Commission No: (Seal) My Commission Expires: Name: Home Address: Home Telephone Number: Business Telephone Number: Fax Number: Date of Birth: Professional License Number: Proposer (Business) Name: 01353549-2 Page 32 of 36 ATTACHMENT "J" PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not: submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; submit a bid proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work; submit bids, proposals, or replies on leases of real property to a public entity; be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; or transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes,for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. As the person authorized to sign the Statement, I certify that proposer has not been placed on the convicted vendor list within the past 36 months and complies fully with the above requirements. Proposer Name Authorized Signature Print Name Title Date 01353549-2 Page 33 of 36 ATTACHMENT "K" CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM I certify that , the proposer responding to this RFP/RFQ, maintains a drug-free workplace program, and that the following conditions are met: (1) Proposer publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace; and specifying the actions that will be taken against employees for violations of such programs. (2) Proposer informs employees about the dangers of drug abuse in the workplace, the company's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Proposer gives each employee engaged in providing the commodities or contractual services included in this RFP a copy of the statement specified in Subsection (1). (4) In the statement specified in Subsection (1), proposer notifies the employee that, as a condition of working in the commodities or contractual services covered under this RFP/RFQ, he/she will abide by the terms of the statement; and will notify the employer (Proposer) of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 893 or any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five days after such conviction. (5) Proposer imposes a sanction on,or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by,any employee who is convicted. (6) Proposer makes a good faith effort to continue to maintain a drug-free workplace through implementation of this Section 287.087, Florida Statutes. As the person authorized to sign the statement, I certify that proposer complies fully with the above requirements. Authorized Signature: Date Name &Title (typed) 01353549-2 Page 34 of 36 ATTACHMENT "L" ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to the The Boynton Beach Community Redevelopment Agency Request for Proposals and Developer Qualifications Cottage District Infill Housing Redevelopment Project By entering checking YES or NO in the space provided and indicating date received. No. 1 ❑ Yes ❑ No Date No. 2 ❑ Yes ❑ No Date No. 3 ❑ Yes ❑ No Date No. 4 ❑ Yes ❑ No Date No. 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 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 r 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. 1s1 Street, Boynton Beach, Florida (the "property" or"Project property"). The intent of this RFP/RFQ Addendum is to address to address any errors or misprint, provide supplement information, or provide clarification when requested. Proposers submitting proposals for the above- referenced project shall take note of the following changes, additions, deletions clarifications, etc., to the RFP/RFQ which shall become a part of and have precedence over anything shown or described otherwise. Question #1: On pages 7-9 in Section 12. Required Elements of Proposals, there are multiple instances of"If the Proposal is submitted by more than one entity, each entity much provide the requested information separately." Does separately mean that the CRA would like each team member to include this requirement in the proposal package or does the CRA intend each team member to submit this requirement separately to the CRA under separate cover? Answer. It is the intent of Section 12 to request information from the Proposer(s)where specified. The Proposer is the entity that will be entering into a Developer's Agreement with the BBCRA, not each of the professions that contribute to the Project. An example of a two Proposer submission where this would be applicable would be if a townhouse builder and a detached single-family housing builder"teamed" up to submit one proposal under one legal entity such as, but not limited to, a joint venture, LLC, or partnership. All necessary information from each builder will need to be combined into one proposal packet. Question #2: Would the CRA please specify which forms, if any, are required to be submitted by team members other than the Proposer? Answer. See response given to Question 1 above. Question #3: 3.a. Section 12, letter q. requires the inclusion of a PowerPoint presentation in the proposal. Would the CRA please explain the purpose of this/intended audience? Answer. The PowerPoint presentation will be used during the CRAAB and BBCRA Board meetings. 3.b. If the PowerPoint presentation is intended to be used in a shortlist presentation, are we able to make changes to the presentation after the submittal date and before the presentation or supplement the presentation? Answer. No. 1 Addendum No.01 Question #4: In the included Geo-technical Report, is the stated 2000 psi the maximum soil bearing capacity, or did the CRA specify this as the limit? Answer. The BBCRA did not provide any specifications prior to the performance of the Geo- technical Report. Question #5: Will the CRA consider alternatives to on-street parking? Answer. Any and all alternatives submitted by a Proposer may be presented to the BBCRA Board for their consideration as part of the Proposal. Question #6: Due to the circumstances surrounding COVID-19, would you consider permitting the submission of electronic copies instead of hard copies? Answer. No. Question #7: Please provide a list of all registrants. Answer. The following entities/individuals have registered as of the publication date of this Addendum: • Ace Development • Centennial Management Corp • Franck Gotsman • Boynton Beach Cottage District Development, LLC • Fox Ridge Capital • Aina Development, LLC • Lavoid Johnson • KHovmanian Homes • Pulte Group • WGI, Inc. Question #8: Can the CRA share any community comments with respect to previous development proposals and/or CRA development of the site? Answer. All of the meeting minutes and meeting videos for BBCRA Board meetings can be found on the BBCRA's website: www.boyntonbeachcra.com Questions #9-13: Drainage 9. Can we continue to sheet flow or pipe connect runoff to road right-of-way? 10. Can we use a pre-post reduction approach? 11. The road abutting lots, can we isolate them and do a pre-post for each? 12. Can we eliminate the 25 yr berm for these perimeter lots? 13. Is Legal Positive Outfall required? Answer. As part of a Proposer's due diligence, all of the above questions regarding drainage may be directed to the City of Boynton Beach Utilities Department. Questions #14-18: Water Distribution 2 Addendum No.01 14. Can we feed the buildings from the rear? Where does the meter need to be? 15. Is there WM along NE 5th Avenue? 16. Can we have As-builts /Atlas Sheets 17. Do we need to sprinkle the buildings? 18. Meter bank or individual meters and service runs for Townhome Lots? Answer. As part of a Proposer's due diligence, all of the above questions regarding water distribution may be directed to the City of Boynton Beach Utilities Department. Questions #19-20: Sanitary Sewer 19. Is there capacity in the gravity system(s) surrounding the property (or is a lift station needed)? 20. Can SF units be served from the rear to avoid multiple roadway open cuts and new service taps in existing mains. Answer. As part of a Proposer's due diligence, all of the above questions regarding sanitary sewer may be directed to the City of Boynton Beach Utilities Department. Questions #21-25: Roadway 21. Is a 32-ft Road Right-of-Way acceptable for the interior proposed loop road? 22. Sidewalk along NE 4th Avenue is not continuous? 23. Does it span the private lots that are remaining? 24. If the above is the case, the SWK would be on private property; how do we go about this? 25. Utility taps: what are the City's restoration requirements (limits of reconstruction and milling & resurfacing)? Answer. As part of a Proposer's due diligence, all of the above questions regarding roadways may be directed to the City of Boynton Beach Utilities & Public Works/Engineering Departments. Question #26: Site Plan 26. What are the setback requirements for the various products? Answer. As part of a Proposer's due diligence, all site specific questions regarding development regulations for the proposed product may be directed to the City of Boynton Beach Planning & Development Department. END OF ADDENDUM No. 1 3 Addendum No.01 BOYNTON CRI ,xU .. � w� F, 1A " e � 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: Si on l.0 • 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 APPRAISAL REPORT BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PROPERTY OWNERSHIP of 4.65 Acres of Land between NE 4th AVENUE & NE 5th AVENUE, east of SEACREST BLVD& NE 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 East Ocean Avenue Boynton Beach, FL 33435 March 15, 2022 Vance Real Estate Service March 15, 2022 Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue j Boynton Beach, FL 33435 RE: 4.6513 acres of land,between NE 4th Avenue&NE 5th Avenue,between Seacrest Blvd& NE 1st Street, 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 March 15, 2022. The report sets forth our value conclusion, along with data and reasoning supporting our value opinion. i [ 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 disposition 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 market value of the appraised property, subject to definitions, certifications, and limiting conditions set forth in the attached report. TWO MILLION FOUR HUNDRED SEVENTY-TWO THOUSAND DOLLARS 2 472 000 (THIS LETTER MUST REMAINATTACHED TO THE REPORT KT[HEIGHTY-EIGHT(88)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 4rh 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 Photos of the ppraised Property 5 1-3-5 Mile Location Map 7 1-3-5 Mile Demographic Statistics 8 Sketch of Survey 10 Parcel Identification No. Map 11 Zoning Map & Land Use Map 13 Summary of Important Facts and Conclusions 14 DESCRIPTIONS ANALYSES & CONCLUSIONS 15 I entity ot Client and Intended User 16 Intended Use 16 Identification of Real Estate Appraised 16 Ownership 16 Legal Description 17 Real Estate Tax Data 17 Market Area Description 18 Land Use & Zoning 24 Site Description 24 Real Property Interest Appraised 26 Appraisal Purpose and Definition of Market Value 26 Effective Dates of the Appraisal and Report 27 Scope of the Work 27 Summary of Information Considered 28 Property History 29 Highest and Best Use 29 SALES COMPARISON APPROACH-LAND VALUATION 32 Land Sales Location map 33 Land Sales documentation 34 Land Sales Comparison and Adjustment Chart 60 Valuation by the Sales Comparison Approach 61 FINAL VALUE OPINION 64 Certification and Limiting Conditions 65 ADDENDA 67 Zoning information 68 USPAP Standards Rule 2-2a 76 Qualifications of the Appraisers 80 INTRODUCTION NWT t<i r M 3 1 �S r t' Southeast corner of the appraised land NE 4 Avenue,looking west Miiiv -Im V.= "! t I r F �A" I ,fr NE 1 Street,looking north Northeast corner of the appraised land Photos of the Appraised Land 5 idla� A f r t r ry �r � r Y House at 115 NE 4 Avenue to be demolished Northwest corner of appraised land it t lit Awi, �7 a: i NE 5 Avenue,looking east House at 133 NE 4 Avenue to be demolished Photos of the Appraised Property 6 k 1, jr Lantana 3 t 4 it 4, "sea h il3J , kf 15 t t? 3f u 7 Delray Beach t 1-3-5 MILE RADII FROM THE VALUED PROPERTIES 145 NE 4 Avenue Boynton Beach, Florida • ti esrt�' 145 NE 4th Ave, Boynton Beach, Florida, 33435 Prepared by Esri Rings: 1, 3, 5 mile radii 1 mile 3 miles 5 miles Population 2000 Population 13,932 68,694 157,913 2010 Population 14,117 77,541 176,201 2021 Population 16,017 86,444 194,720 2026 Population 17,668 92,744 206,530 2000-2010 Annual Rate 0.13% 1.22% 1.10% 2010-2021 Annual Rate 1.13% 0.97% 0.89% 2021-2026 Annual Rate 1.98% 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 42.0 45.0 47.3 In the identified area, the current year population is 194,720. In 2010, the Census count in the area was 176,201. The rate of change since 2010 was 0.89% annually.The five-year projection for the population in the area is 206,530 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 42.0, compared to U.S. median age of 38.5. Race and Ethnicity 2021 White Alone 42.6% 59.4% 63.7% 2021 Black Alone 50.1% 31.5% 26.6% 2021 American Indian/Alaska Native Alone 0.4% 0.3% 0.3% 2021 Asian Alone 1.0% 2.0% 2.3% 2021 Pacific Islander Alone 0.0% 0.0% 0.0% 2021 Other Race 3.3% 3.8% 4.2% 2021 Two or More Races 2.6% 2.9% 2.8% 2021 Hispanic Origin (Any Race) 14.3% 18.5% 19.4% Persons of Hispanic origin represent 19.4% 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 67.2 in the identified area, compared to 65.4 for the U.S. as a whole. Households 2021 Wealth Index 74 87 105 2000 Households 5,207 30,053 69,062 2010 Households 5,306 33,321 75,787 2021 Total Households 6,090 37,141 83,331 2026 Total Households 6,801 39,913 88,346 2000-2010 Annual Rate 0.19% 1.04% 0.93% 2010-2021 Annual Rate 1.23% 0.97% 0.85% 2021-2026 Annual Rate 2.23% 1.45% 1.18% 2021 Average Household Size 2.62 2.29 2.31 The household count in this area has changed from 75,787 in 2010 to 83,331 in the current year, a change of 0.85% annually. The five-year projection of households is 88,346, a change of 1.18% annually from the current year total. Average household size is currently 2.31, compared to 2.30 in the year 2010.The number of families in the current year is 47,869 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. March 30, 2022 8 • ti esrt�' 145 NE 4th Ave, Boynton Beach, Florida, 33435 Prepared by Esri Rings: 1, 3, 5 mile radii 1 mile 3 miles 5 miles Mortgage Income 2021 Percent of Income for Mortgage 23.4% 19.6% 19.9% Median Household Income 2021 Median Household Income $50,234 $57,677 $60,365 2026 Median Household Income $56,043 $64,969 $69,122 2021-2026 Annual Rate 2.21% 2.41% 2.75% Average Household Income 2021 Average Household Income $73,439 $81,251 $87,839 2026 Average Household Income $84,612 $92,827 $100,561 2021-2026 Annual Rate 2.87% 2.70% 2.74% Per Capita Income 2021 Per Capita Income $29,107 $35,117 $37,601 2026 Per Capita Income $33,841 $40,174 $43,020 2021-2026 Annual Rate 3.06% 2.73% 2.73% Households by Income Current median household income is$60,365 in the area, compared to $64,730 for all U.S. households. Median household income is projected to be $69,122 in five years, compared to $72,932 for all U.S. households Current average household income is$87,839 in this area, compared to $90,054 for all U.S. households. Average household income is projected to be $100,561 in five years, compared to $103,679 for all U.S. households Current per capita income is $37,601 in the area, compared to the U.S. per capita income of$34,136. The per capita income is projected to be $43,020 in five years, compared to $39,378 for all U.S. households Housing 2021 Housing Affordability Index 101 117 114 2000 Total Housing Units 6,249 36,098 82,216 2000 Owner Occupied Housing Units 3,456 21,704 52,283 2000 Renter Occupied Housing Units 1,751 8,349 16,778 2000 Vacant Housing Units 1,042 6,045 13,155 2010 Total Housing Units 6,938 42,468 94,117 2010 Owner Occupied Housing Units 3,266 21,558 53,222 2010 Renter Occupied Housing Units 2,040 11,763 22,565 2010 Vacant Housing Units 1,632 9,147 18,330 2021 Total Housing Units 7,871 46,119 101,168 2021 Owner Occupied Housing Units 3,511 21,936 54,254 2021 Renter Occupied Housing Units 2,579 15,206 29,077 2021 Vacant Housing Units 1,781 8,978 17,837 2026 Total Housing Units 8,625 49,097 106,423 2026 Owner Occupied Housing Units 3,702 23,081 56,874 2026 Renter Occupied Housing Units 3,099 16,832 31,472 2026 Vacant Housing Units 1,824 9,184 18,077 Currently, 53.6% of the 101,168 housing units in the area are owner occupied; 28.7%, renter occupied; and 17.6% 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 94,117 housing units in the area - 56.5% owner occupied, 24.0% renter occupied, and 19.5% vacant. The annual rate of change in housing units since 2010 is 3.26%. Median home value in the area is$286,848, 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$323,749. Data Note:Income is expressed in current dollars. Housing Affordability Index and Percent of Income for Mortgage calculations are only available for areas with 50 or more owner-occupied housing units. Source:U.S. Census Bureau,Census 2010 Summary File 1. Esri forecasts for 2021 and 2026. Esri converted Census 2000 data into 2010 geography. 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It h t P ar, 1} 4 15 1 t};tits{-r tt'i IZst t S t S sS}"r' ti r ` st �� it 4i1t1}A1vt, ;t 4 + �t} ?,I51MAI":t {d�F�rrl�tjij i4,. vi�1t,� ��"{��,��yy�� I�t�ll { , �£111t �� 4 '�{�,j{ �� ll'4��41 it4 lj��yrtt��atn, �• � �..,... �, r rlr (�� (t�i r `t4}t}; vl i �t> 'ti?;tk 11}llt syt(r 4 (� {}ret}I1l j =4 )fi \ 3r ��4 1 {),rel i� r'tyet r1n rt 41 t;'hx 1: {{.�` ", t il, {I'0d{t4tr, I3l S i ZONING MAP ppraised Property t t `",. ,gg}'S}\4 t}s sl s 4St}j(1{{tS'Jtq S}�E{+1, f �{41��{{{f}f)j Jt tt#tir)1 r�tf Y`Jt{��{44tr144y tert4 e}rtti ilsislil2 Stlfitl ttttltlt}tl}1ss 1St()t>y,�y t y � j( ,.�w.,�a�:a u�a A Al: fwwr „4ls, its t# t y``;9(((Z' \ �� ;t1\lt,, 9, ttti3ljl 4t{{tttst lyi2, , 3 n1"4. t` �k`.. ;`• t ��',' r't' � t i74tf}} }i S'\��}��iYt{t i YY t){ y�t411t}" 1 1, ttl t {{tt iS - �fl��i 1i' '�,-,�3 Ss �f iJ.1 1 ,{st: s st 4it h 1. ljl)s S{1 r t�1 s s_-1,r11i 1Q{s}s r�l4tt f 4i ��{7 rs��tt' t{4 tt 1)1 ((' r�#ltilAs - ) (Sr ?,'Sr.::;47t, s Iljtt s(ttJ it;li ttA ttt S$� {�t1\5411 st ),;trtf t{4 ii7�t�{(1l}�(1#�,i,ts{11)17tr1 Citi�£ t1r a.t i2}t�i4�sii'j�f ri} )1t r44 rr,!{{s :)1}Vt.4)��'Jjip; ifs tt fl} ,;J,Sir4tir!},} � 4 ,.t t �i��t.rJ hi �.2t1,4,1ti ,,.:}��19�y,1%��" '.} �lif} )jJl itsv it ,,t,�{4 r4p'�: -r, rt111{1�c.; }��tt 42� t �11�SSlS}(1S4`f#Jt7{�`•'{S(; {sll it i br\{ ,i(Y-„s}Jr i,7�t�{rE�s1�s1 � {. - a411, k 41,., tll\Y,'> 'Au A ll�,A',(, - :{ktr I3i �mq1�i FUTURE LAND USE MAP Appraised Property 13 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS PROPERTY APPRAISED: 4.6513 acres of vacant land between NE 4th Avenue&NE 5th Avenue, east of Seacrest Boulevard to NE 1st Street, Boynton Beach, FL 33435 OWNERSHIP: Boynton Beach CRA 100 East Ocean Avenue, Boynton Beach, FL 33435 LAND AREA: 201,778 square feet or 4.346 acres. The property is identified by the Palm Beach County Property Appraiser as 20 parcels and a vacated alley. The Boynton Beach CRA has assembled the parcels to function as one property and constitute the larger parcel of this appraisal. All of the land is listed as having one owner. The parcels are adjacent to each other, with no physical barriers separating them. The highest and best use for the larger parcel is for one unified use of residential. The subject of this appraisal will be referred to as one property. Therefore, the opinion of value is developed for the larger parcel. BUILDING IMPROVEMENTS: None contributing to the highest and best use of the property CURRENT ZONING: "R-2", One & Two Family Residential District FUTURE LAND USE: "MDR", Medium Density Residential APPRAISAL PURPOSE: To develop an opinion of market value INTEREST APPRAISED: Fee simple CURRENT USE: Vacant, with the two single family residences projected to be demolished and removed. HIGHEST AND BEST USE: Low density residential use of either detached single family dwellings or townhouses or a mix, with a density of approximately 10 dwelling units per acre VALUE: TWO MILLION FOUR HUNDRED SEVENTY-TWO THOUSAND DOLLARS 2 472 000 VALUATION DATE: March 15, 2022 Exposure Time: 12 months prior to selling at the appraised value Marketing Time: 12 months immediately following the effective date of appraisal during which time the subject property could sell at the appraised value 14 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 sale 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; Ownership: Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue Boynton Beach, FL 33435 Property Appraised: 4.6513 acres of vacant land between NE 4th Avenue & NE 5th Avenue, east of Seacrest Boulevard to NE 1St Street, Boynton Beach, FL 33435 16 APPRAISAL REPORT (continued) Legal Description: Legal description on the sketch of survey of 18 parcels in the larger parcel of the appraised property. Plus the two recent purchases identified as: the southeast 1/4 of Lot 3, Block 3 and the east 50 feet of the south 100 feet of Lot 5, Block 3, SHEPARD'S ADDITION TO BOYNTON, Plat Book 2, page 59. Census Tract No. 61 Real Estate Tax: Boynton Beach Community Redevelopment Agency (BB CRA) owns the appraised property, exempting it from taxation. Thus, no real estate tax is paid by the property owner. When a property is exempt from taxation, the market value assigned to it by the county appraiser may not be current or accurate. Following are real estate tax data for the 20 parcels in the appraised property. Parcel Control Number Appraised Value Assessed Value 08 43 45 2128 0010010 $40,215 $14,663 08 43 45 2128 0010020 47,696 11,693 08 43 45 2128 0010031 47,640 11,693 08 43 45 2128 0010041 47,576 11,693 08 43 45 2128 0010061 47,524 11,693 08 43 45 2128 0010071 46,956 11,693 08 43 45 2129 003 0011 60,056 20,313 08 43 45 2129 003 0013 44,028 20,313 08 43 54 2129 003 0012 46,024 14,148 08 43 45 2129 003 0020 100,000 58,949 08 43 45 2129 003 0032 50,040 11,318 08 43 45 2129 003 0033 100,000 38,974 08 43 45 2129 003 0034 68,032 38,855 08 43 45 2129 003 0041 68,032 33,855 08 43 45 2129 003 0051 61,236 11,693 08 43 45 2129 003 0081 48,864 11,693 08 43 45 2129 003 0071 22,000 14,148 08 43 45 2129 003 0014 20,000 20,000 08 43 45 2129 003 0052 137,764 49,217 08 43 45 2129 003 0031 207,658 168,786 Total $1,311,341 $580,290 17 APPRAISAL REPORT (continued) Flood Zone: Zone "X", according to Map Numbers 12099C0787F, 789F, 791F, 793F. Zone "X" is not in a Special Flood Hazard Area. 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. 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. 18 APPRAISAL REPORT (continued) The immediate subject market area is one of the Boynton Beach CRA redevelopment districts known as the Heart of Boynton (HOB), containing 380 acres. This area is the historic, older part of the district 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. Boynton Beach Boulevard is the principal east-west artery in the subject market area, having an interchange with Interstate 95 on the west side of the neighborhood. The boulevard continues west through Palm Beach County to its terminus at State Road 7/ U S Highway 441. Two miles east of State Road 7, it has an interchange with Florida's Turnpike. Boynton Beach Boulevard commences on the east at U S Highway 1, just to the east of the FEC Railroad. Boynton Beach Boulevard streetscape project is underway with the wider sidewalks, landscaping, lighting, et cetera. To the east of the FEC Railroad is U S Highway 1, also known as Federal Highway, the main north-south artery through eastern Palm Beach County and extends along the eastern seaboard of the United States. Heavily trafficked Federal Highway is a catalyst to redevelopment of the general 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. Individual properties on the east and west side of the highway have shallow depths, inhibiting redevelopment of the sites with larger commercial projects. Assemblages of adjacent properties and rezoning to mixed use will continue to facilitate revitalization of the subject market area. Seacrest Boulevard is a main north-south artery through the City of Boynton Beach and south into Delray Beach. Martin Luther King, Jr. Boulevard is an east-west thoroughfare through the Heart of Boynton. The immediate subject market area is easily accessible by main roads and Interstate 95. 19 APPRAISAL REPORT (continued) Property types in the Heart of Boynton are smaller commercial establishments along the main roads, light industrial close to the FEC Railroad, municipal facilities, single family residential, small multi-family dwellings, a few apartment buildings and places of worship. As mentioned, some structures date back to the 1920's, but most which are still usable were built in the mid-twentieth century. Municipal facilities in the immediate subject market area include parks, two elementary schools and a community center. Projects completed in the Heart of Boynton are: • Seacrest Boulevard Streetscape • Carolyn Sims Center • Ocean Breeze West - 21 homes joint venture with Habitat for Humanity • Construction of single family residences on Martin Luther King, Jr. Boulevard and on NW 11 Avenue, west of Seacrest Boulevard Projects in progress are: • Higher density residential buildings and commercial buildings on Martin Luther King, Jr. Boulevard • Redevelopment of the Public Works site • Establishment of mixed use districts of residential and commercial • Expansion of light industrial near the FEC Railroad • Enhancements to Sara Sims Park including landscaping, pavilions, picnic facilities, lighting and security. Population Trends The demographic survey in the beginning of the report of 1, 3, and 5 mile radial circles from the appraised property shows the median household income for 2020 in the one-mile radius is $50,234, for three miles it is $57,677, and $60,365 for the five mile circle. Median household income for Palm Beach County is $65,000. In the one-mile circle, population is 16,017. In three miles, population increases to 86,444; at five miles, it is 194,720. However, about one-third of the three and five mile circles are over the Atlantic Ocean and waterways. 20 APPRAISAL REPORT (continued) Annual growth rate is anticipated to be 1.18% to 1.42% in the 3 and 5 mile circles, during the next five years as the economy grows and job market stabilizes. Growth rate is projected to be 1.98% in the one mile circle due to the construction of several new residential projects. In the market area, 54% of the housing units are owner occupied, with 29% rented. This percentage of renters is high for Palm Beach County because there are numerous multi- family dwellings in this vicinity. Vacancy is reported to be 17%; however, this amount is elevated due to the undercount of the other two categories as some residents are seasonal and not counted. Median home value in the five- mile area is $286,848 from the mix of highly priced homes fronting the Atlantic Ocean and Intracoastal Waterway and the small residences west of Federal Highway, 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; even properties with secondary characteristics attract buyers. The life cycle stage of the market area is revitalization, a period of renewal, modernization, and increasing demand. The catalyst of the revitalization was 500 Ocean fronting Federal Highway, consisting of 341 residential units, 20,000 square feet of retail space and 6,000 square feet of office. Several other mixed-use projects are planned along Federal Highway. 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. Davis Camalier recently sold the land to Hyperion Group, with the buyer taking over the construction of the project. 21 APPRAISAL REPORT (continued) Boynton Beach Community Redevelopment Agency (CRA) accepted the proposal from Affiliated Development from five submissions to build a mixed- use project at 115 North Federal Highway. The CRA had purchased the property when improved with a church and subsequently demolished it. The size of the land offered by the CRA is 2.28 acres, including parking lots and the recent purchase of 508 East Boynton Beach Boulevard. There are other surrounding privately owned parcels around the project which could be purchased for enlargement of the redevelopment site. Details of the land purchase by Affiliated Development are to be finalized. The proposed project will be called the Pierce, for the legendary Barefoot Mailman, Charlie Pierce. Project size will be 236 apartments, 16,800 square feet of restaurant, retail and office, and 600 space parking garage. Boynton Beach CRA will purchase the property at 511-529 East Ocean Avenue where Hurricane Alley Raw Bar & Restaurant is located. This property consists of three buildings on a site of 17,903 square feet. Future plans for the property have not been revealed. It is in the block to the south of 115 North Federal Highway where the Pierce will be constructed. Town Square, a major redevelopment project to the west of Federal Highway covers three blocks 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 is planned for the construction 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 As of the writing of this report, there are no structures on the north parcel fronting Boynton Beach Boulevard. The existing structure is on the middle parcel; however, there is no new building on the east side. The new city hall is completed on the west side of the south parcel, along with an outside venue; although, there are no residential units or parking garage. Reportedly, the cause of the construction delay is a dispute about the parking garages. To the east of the north parcel is the new Boynton Beach Rescue Services building. 22 APPRAISAL REPORT (continued) In the Heart of Boynton CRA district, Ocean Breeze East is completed 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 selling the land and the Florida Housing Finance Corporation and TD Bank providing the financing. Also in the Heart of Boynton CRA district will be apartments and retail buildings on Martin Luther King, Jr. Boulevard east of Seacrest Boulevard. There will be 125 residential units, 8,530 square feet of commercial space and 218 surface parking spaces. Part of the land was transferred from the Boynton Beach CRA to Wells Landing Apartments, LLC. Wells Landing purchased four parcels from a private property owner to complete the site for the new project. Funding for the project was awarded to the property owner from the Florida Housing Finance Corporation. 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 (the appraised property) will be offered for construction of a housing project in keeping with the plan to revitalize the Heart of Boynton. Parcel size is 4.6513 acres, comprised of smaller lots acquired over many years to assemble a large tract of land for a transformation of a substantial part of the Heart of Boynton. 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 immediate subject market area of the Heart of Boynton (HOB) has the components of an appealing neighborhood with schools, parks and recreation. HOB is easily accessible by main roads and Interstate 95. Goods and services are nearby on Boynton Beach Boulevard and U S Highway 1. With the involvement of the City of Boynton Beach and the Community Redevelopment Agency, Heart of Boynton Community Redevelopment Plan can continue to succeed in revitalizing the area. 23 APPRAISAL REPORT (continued) The transformation of the area is in progress. Development of real estate takes time and the right market conditions which have been positive. Upward price trend for property in the subject market area should continue as the economy remains strong. Land Use: "MDR", Medium Density Residential, maximum density 9.58 dwelling units per acre Zoning: "R-2", One & Two Family Residential District in the city of Boynton Beach, with the purpose to implement the medium density residential future land use map classification of the comprehensive plan. Excerpts from zoning ordinances are in the Addenda. The intent of the district is to stabilize and protect existing residential neighborhoods with density no greater than 10 dwelling units per acre, and allow limited types of non-residential uses. Minimum lot area is 4,500 square feet per unit for a duplex; minimum lot frontage is 75 feet. However, there is a provision for a site with two lots platted prior to the enacting of the current zoning regulation to be improved with a duplex. Single family dwellings shall be constructed on lots that are no less than 6,000 square feet with a width of at least 60 feet and follow the building and site regulations of the "R-1", Single Family District. Site Description: Size and dimensions of 18 of the 20 parcels in the appraised land are from the sketch of survey included earlier in the report prepared by Avirom & Associates, Inc., dated May 4, 2020. Data for the two recently purchased properties are from the Palm Beach County Property Appraiser. 24 APPRAISAL REPORT (continued) The shape of the site is irregular. North boundary of the site is NE 5 Avenue. East boundary of the site is NE 1 Street. South boundary of the site is NE 4 Avenue. West boundary of the site is Seacrest Boulevard. Land size is 201,778 square feet or 4.6513 acres. Utilities: All utilities are available to the site. Access: The site is accessible via NE 1 Street, NE 4 Avenue and NE 5 Avenue, each being two-laned local roads. Seacrest Boulevard is on the west side of the site, with four traffic lanes, sidewalks, curbs, and landscaped median. Easements: Easements are noted on the sketch of survey. Improvements: There are no structural improvements on the site which have a contributory value to the property. Houses at 115 and 133 NE 4 Avenue will be demolished and removed. Environmental Assessment: The appraisers were not provided with a Phase I Environmental Site Assessment to review. 25 APPRAISAL REPORT (continued) 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 March 15, 2022. MARKET VALUE: a type of value, stated as an opinion, that presumes the transfer of a property(i.e., a right of ownership or a bundle of such rights), as of a certain date, under specific conditions set forth in the definition of the term identified by the appraiser as applicable in an appraisal. The conditions included in market value definitions establish market perspectives for development of the opinion. These conditions may vary from definition to definition but generally fall into three categories: 1. the relationship,knowledge, and motivation of the parties(i.e., seller and buyer); 2. the terms of sale(e.g., cash, cash equivalent,or other terms);and 3. the conditions of sale(e.g., exposure in a competitive market for a reasonable time prior to sale). Market value appraisals are distinct from appraisals completed for other purposes because market value appraisals are based on a market perspective and on a normal or typical premise. These criteria are illustrated in the following definition of Market Value*, provided here only as an example. Market value means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions as follows. 1. buyer and seller are tvpically motivated 2. both parties are well informed or well advised and acting in what they consider their own best interests; 3. a reasonable time is allowed for exposure in the open market; 4. payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and S. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. 26 APPRAISAL REPORT (continued) * This example definition is from regulations published by federal regulatory agencies pursuant to Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act(FIRREA) of 1989 between July 5, 1990, and August 24, 1990, by the Federal Reserve System (FRS), National Credit Union Administration (NCUA), Federal Deposit Insurance Corporation (FDIC), the Office of Thrift Supervision (OTS), and the Office of Comptroller of the Currency (OCC). This definition is also referenced in regulations jointly published by the OCC, OTS, FRS, and FDIC on June 7, 1994, and in the Interagency Appraisal and Evaluation Guidelines,dated December,2010. Florida Court Definition: "Market Value is the price that a seller willing, but not compelled to sell, and a buyer willing, but not compelled to buy, would agree to in fair negotiations with knowledge of all the facts." [Source: Fla. Power & Light Co., v. Jennin,%,Ys, 518 So.2d 895 (Fla. 1987)] 2-2(a)(vii) State the effective date of the appraisal and the date of the report; A) Effective Date of the Appraisal: March 15, 2022 B) Date of the Report: March 22, 2022 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 inspected the property and photographed it. A thorough investigation was made into the physical characteristics of the property that could affect its value. The market area was surveyed to determine its stage of the life cycle. Research was conducted to ascertain economic factors that might influence value. Data research consisted of collecting, confirming, and reporting sales of land sales. The process included searches and analyses, inspections and confirmations, and final reporting. The appraiser examined several sources of sales data, including CoStar Group, Corelogic, Realquest, Loopnet, Palm Beach County Property Appraiser records, the public records, and data from the appraisers' plant. 2-2(a)(ix) Summarize the extent of any significant real property appraisal assistance; The two signatory appraisers are the only people involved in the appraisal process. 27 APPRAISAL REPORT (continued) 2-2(a)(x)(I) Summarize the appraisal methods and techniques employed; (2) State the reasons for excluding any of the valuation approaches; (3) Summarize the results of analyzing the subject sales, options and listings; (4) State the value opinion and conclusion (5) Summarize the information analyzed and the reasoning that supports the analyses, opinions, and conclusions For Sales Comparison Approach, land sales are compared to each other and to the property under appraisement to arrive at an opinion of value. The information analyzed and the 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. Cost Approach is not used because no structures were considered in the valuation. The Income Approach is not employed in this appraisal because most sites like the subject are purchased and not leased. Exclusion of these approaches to value still produces a creditable report. The value opinion and conclusion is stated at the end of the Sales Comparison Approach—Land Valuation. SR I-5 When the value opinion to be developed is market value, if such information is available in the normal course of business: a) analyze all agreements of sale, options, or listings of the subject property current as of the effective date of the appraisal; and There are no known agreements of sale or options of the subject property as of the effective date of the appraisal. Boynton Beach Community Redevelopment Agency (BB CRA) will offer the entire property for sale by issuing an RFP (Request for Proposal). BB CRA issued RFPs for this property in the past. The CRA Board accepted a proposal for a 39 affordable housing units. The proposal did not progress as planned, with the Board voting to terminate the project in January, 2022. 28 APPRAISAL REPORT (continued) b) analyze all sales of the subject property that occurred within the three (3) years prior to the effective date of the appraisal. Boynton Beach Community Redevelopment Agency acquired the 17 of the 18 parcels constituting the appraised property from April, 2007 to May, 2015 for a total of $3,101,500. When purchased some of these properties were improved with residences that were later demolished. A recent acquisition for the assemblage was 145 NE 4 Avenue for $205,000. The property was improved with a duplex which was converted to a private community help center. 115 NE 4 Avenue was acquired in July, 2021 for $275,000. 133 NE 4 Avenue was purchased in July, 2021 for $300,000. Total of these purchases is $3,881,500. The timeframe of the acquisitions is over too long of a stretch to be an indication of current value for the entire property. 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 The land appraised consists of most of a large block with roads bordering the four sides. One property is excluded from the block, making it almost rectangular. Land size is 201,778 square feet or 4.6513 acres. The parcel is level and filled to street grade. All utilities are available to the site. Physical constraint to develop the site is its size which governs the number of potential improvements which can be placed on it. 29 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. Current Land Use designation is medium density residential, maximum density of 9.58 dwelling units per acre. Zoning is "R-2", One- family and Two-family Residential District in the City of Boynton Beach. Maximum number of dwelling units per lot in "R-2" district is two if the lot size meets current code. There is another zoning provision permitting two dwellings to be constructed if there are two lots platted prior to the current code. The entire site may have the potential of being improved with 46 total dwellings, of attached unit, detached units or possibility is a mix of types. Boynton Beach officials make the decisions as to permitted density. The Boynton Beach CRA future land use plan for the appraised land and surrounding blocks is for High Density Residential of 11 dwelling units per acre. A change in the comprehensive plan is required for the implementation of a new land use. Financially Feasible as Vacant The third test of Highest and Best Use is economic feasibility. Demand for a certain property type must be evident for it to be feasible. For it to be financially feasible, the use must be marketable and provide the investor with a competitive return when compared with alternate uses. The immediate subject market area has been improved with single-family residences and small multi- family dwellings for almost 100 years. Residences come to the end of their economic lives, improvements are razed and the sites are redeveloped with modern structures. There are examples of this cycle throughout the subject market area. Redevelopment projects in the subject vicinity are Ocean Breeze West with 21 homes, Eastview Park by D R Horton, and new houses on West Martin Luther King, Jr. Boulevard. Habitat for Humanity will be constructing single family residences on NW 11 Avenue. Further, there are the new multi- family residential projects on Martin Luther King, Jr. Boulevard and Ocean Breeze East on Seacrest Boulevard. 30 HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Financially feasible use of the land under appraisement is to improve it with a unified project of approximately 46 dwelling units. The most probable buyer would be a regional investor in affordable housing who is capable of qualifying for financing for the project from the Florida Housing Finance Corporation or other sources of funds based on past performance. As will be cited in the Sales Comparison Approach, purchasers of the four land sales are national or regional developers: Lennar Homes LLC, Pulte Homes Company LLC, Stellar Communities. Such companies have the capabilities and finances to construct residential projects in a timely manner. Time for development is now while the market area is in the life cycle stage of revitalization, and the Boynton Beach CRA is in support of new projects. Maximally Productive as Vacant In summary, the Highest and Best Use of the property appraised is for a residential project of approximately 46 dwelling units. Such uses would be physically possible, 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. 31 SALES COMPARISON APPROACH LAND VALUE I P-114,11 ±fi •Palm Reach Shores " Riv{eralBeaeh Al" ii ldangonta Park fol Ilq1' Century Vrflags Wept"Palm Beach E�Ca�� Ja4m Beach Botden.Lakes� i • it Haverhrk! Pslmj bih,In (� Royal Patin h Beacj 3 Loxahatchee { GoI' w Q � Glen Rtdge ,irVefNngton `i IJ; + i � i�,>�`15Jt1 r-fi, !� l 1C IR LE-2 pr,ngs( a�rke Shores �Greenacres City �_ _ 9 k Ua I _., e worth 6'J3 I it Ralm�ea��Illlnty� j Park r 'South Pa4m Beach I�.. Hypoluxo i fti8ana4aphan SUBJ"Ci Boynton:Bea ch �Crcean Rrdge LANO SPL F§f Briny Breezes r A93Y. Caulf Stream S II Ars a'a { �, aelray Beach ,N{n Point 141 ?� �ll ,Whisper walkJ f ;tHighland Beach �I - Hamptons at Roca Raton �`" ri i �aucgaa�T��-� ■n 8'J3�� r. I , Baca Raton ,Roca Dell IF------------------------------------- l� •Sanda4foat Cane r14 o. ai ll SII 'E7eifield each Parkland �- _ ------ U � �`Hrtsburb Reach MiData use subject to license G DeLorme.DeLcrme Street Atlas USAO 2909. d 1 2 3 4 5 6 wwwdelorme.cem MN(7 Ll°VV) Data Zoom 9-7 LAND SALES MAP 33 VACANT LAND SALE SALE NO. 1 LEGAL DESCRIPTION All of the plat of COUNTRY TRAIL PUD, Plat Book 131, page 60 RECORDED O. R. Book 32055,page 653,Palm Beach County,FL GRANTOR Country Trails 25 Boynton LLC/Stellar Communities GRANTEE Lennar Homes LLC DATE OF SALE December 23,2020 LOCATION 2600 County Lakes Trail Boynton Beach,FL ZONING Residential, low density DENSITY 5 dwelling units per acre SALE PRICE $2,600,000 PROPERTY DESCRIPTION Land size: 225,379 square feet, 5.174 acres UNITS OF COMPARISON $11.54 per square foot PARCEL CONTROL NO. 08 43 45 3100 000 5050+ CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMATION Don Ginsburg, listing real estate broker COMMENTS The grantor platted the land for 25 single family dwellings prior to this sale. Lot sizes are 4,725 or 5,175 square feet. Project name is County Trails. Grantor purchased the property in November, 2019 for $1,950,000 prior to platting. 34 " Rr,MEr COUNTRY TRAIL PUD THE WEST HALF OF THE NORTHEAST ONE QUARTER OF THE SOUTHWEST ONE QUARTER OF THE SOUTHEAST ONE �1 v,.ay.e M isi a weRv,vau. QUARTER OF SECTION 31 TOWNSHIP 45 SOUTH,RANGE 43 r�@ EAST,CITY OF BOYNTON BEACH,PALM BEACH COUNTY, f¢(Y¶N1b1B] FLORIDA. ,s SHEET 2 OF 2 AREA TABLE K ABBREVIATIONS ( _- —_.-__ Ina "", .xt f I�os F 123 3 � LEGEND c a _� t✓_ r-.� -.,1 m'T,.I—b woa .sm m �°° s r I - COUWRY LWe IT,t�s+,A,ro> /,,,L 1M..�i4Y rmx iIYCfA Y,YaP til +S ra aRe al� � — -I— e0':l SI I NOTES PI _1_am �m t n um i 35 - 00 Q 315V ti�IIIMEtF COUNTRY TRAIL PUD �� Q A THE WEST HALF OF THE NORTHEAST ONE QUARTER OF THE SOUTHWEST ONE QUARTER OF THE SOUTHEAST ONE "a.-OQUARTER OF SECTION 31 TOWNSHIP 45 SOUTH,RANGE 43 EAST,CITY OF BOYNTON BEACH,PALM BEACH COUNTY, M 8C I g FLORIDA. ` 0 DESCRIPTION DEDICATK)NS AND RESERVATIONS HOMEOWNERS ASSOCIATION ACCEPTANCE o ,no 6 .r. SHEET 1 OF 2 to ACKNOWLEDGEMENT LOCATION,MAP NOTES , c_ TITLE CERTIFICATION - iw aumc"u,m"or r„,suso.rsc" "s OF BOYNTON BEACH APPROVAL . SURVEYOR'S CERTIFICATE IC-11 av -,n,." ."c ar . N cal! 6- r u r _ .a. m - 9 .fig , �a1d. IE eW � ACKNOWLEDGEMENT "f.s REVIEWING SURVEYOR w w 77 �,r,�s b�4�7.o11w .• �Qf cw.,�xr�,sro: � re._I�S�ozo J .c«�riUrE a,i,rwav+n�..weca'eji.vo euI" i vvc . eMewwc sue�:.oe soxn-ro" 36 � h i I I I �1 1� f {{ � Ia TMs, LA D SALE 1 2600 COUNTRY LAKES TRAIL BOYNTON BEACH, FL 37 VACANT LAND SALE SALE NO. 2 LEGAL DESCRIPTION Lengthy legal description. See deed. RECORDED O. R. Book 32784,page 663,Palm Beach County,FL GRANTOR Elona Henry et al GRANTEE Pulte Homes Company LLC DATE OF SALE August 11, 2021 (Contract date: August 3, 2020) LOCATION 1351, 1283 & 1281 Ranchette Road Greenacres,FL ZONING Residential, low density DENSITY 7 dwelling units per acre SALE PRICE $2,930,000 PROPERTY DESCRIPTION Land size: 460,908 square feet, 10.581 acres UNITS OF COMPARISON $6.36 per square foot PARCEL CONTROL NO. 00 42 44 10 00 000 1070 and 0120 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMATION David P. Barker, closing attorney COMMENTS The grantee purchased the land unplatted, with three older single family homes on it. While the property was under contract, the grantee platted the land, then closed the sale. The land will be improved with 74 townhouses in a project called Ranchette Square. Projected sale prices of the end product will be in the $300,000s, with three bedrooms, 2.5 baths and a garage. 38 CFN 20210380935 OR BK 32784 PG 663 RECORDED 08/16/2021 10:29:33 Palm Beach County, Florida AMT 1,425,000.00 DEED DOC 9,975.00 This Instrument Was prepared Joseph Abruzzo By And Should Be Returned To: Clerk Pgs 0663-0666; (4Pgs) Dav%P.Barker,Esq. end,Egerton,Bloodworth, o dt Bozarth,P.A. 4 ge Avenue,Suite 700 Orl L 32801 (407) 200 0 Property users Parcel Identifica olio)Number.00-4244-10-00-000-1070 SPECIAL WARRANTY DEED THIS QMAL WARRANTY DEED (this "Deed"), executed as of the -A!�7day of August, 2021, by I. Henry, individually and as Trustee of the James H. Henry and Elona 1. Henry Revocable(Jt as amended and restated U/A/ dated February 23, 2018 (collectively, "Grantor"), whoseing address is 929 Drury Place, West Palm Beach, Florida 334I1 to PULTE HOME CO Y, LLC, a Michigan limited liability company ("Grantee"), whose mailing address is 147 k Blvd., Suite 140, West Palm Beach, Florida 33401. �7WITNESSETH: That Grantor, for an nsideration of the sum of ten dollars ($10.00) and other good and valuable consideration to in hand paid by Grantee, the receipt and sufficiency of which is hereby acknowledged, granted, bargained, and sold to Grantee and Grantee's heirs and assigns forever, the real prope ituate, lying, and being in Palm Beach County, Florida, and described in Exhibit "A" atta o this Deed (the "Property"), subject to the Permitted Exceptions listed in Exhibit"B" atta Oo this Deed (the "Permitted Exceptions'). TO HAVE AND TO HOLD then fee simple forever. And Grantor covenants with Grantee that, at the time of the delivery of this Deed the Property was free from all encumbrances made by Grantor, other than the Permitted Exceptions, and that Grantor hereby specially warrants the title to the Property and will defend it against the lawful claims of all persons claiming by,through, or under Grantor, but not otherwise,subject to Permitted Exceptions. 03375133.vl 39 CFN 20210380935 BOOK 32784 PAGE 664 2OF4 IN WITNESS WHEREOF, Grantor has executed this Deed as of the day and year first above written. Si d, sealed, and delivered resence of: 0 0 Elona I. Henry,individually and as T tee of the Signature o Witness James H. Henry and Elona I. Henry Revocable Trust Q as amended and restated U/A/dated February 23, 2018 Print Name of F' fitness Signai&of Second ss r 4��a Print Name of Second Wi TR STATE OF FLORIDA ) S.: COUNTY OF J , The foregoing instrumentcknowledged before me by means of [f] physical presence or [ ] online notarizatio �U day of August, 2021, by Elona 1. Henry, individually and as Trustee of the Henry and Elona 1. Henry Revocable Trust as amended and restated U/A/ dated Febxua23, 2018, who is personally known to me or who produced el- D. — H 1-60-.20 Y - as identification. [Official Notarial Sea[] No ublic 6t1" �•"M (Print or type name) COig!{8�1011it�08�1 ��NoNmbK1.� eoneeattwfunAereta , Commission No.: My Commission Expires: 2 03375133.v 1 40 CFN 20210380935 BOOK 32784 PAGE 665 3OF4 Exhibit"A" (to Special Warranty Deed) Legal Description IThe North Half of the Northwest Quarter of the Southeast Quarter of the -iortheast Quarter of Section 10, Township 44 South, Range 42 East, LESS the st 30 feet thereof heretofore conveyed to the County of Palm Beach, in the S of Florida, for road right-of-way. LESS AND EXCEPT the following: West 7t six inches of the North Half(N1/2) of the Northwest Quarter(NW 1/4) of th S theast Quarter (SEI/4) of the Northeast Quarter (NEI/4) of Section 10, To 44 South, Range 42 East, lying and situate in Palm Beach County, Flori SS AND EXCEPT the North 14 feet six inches thereof. �o 3 03375133.vl 41 � b �QtiRg . RANCHETTE ROAD TOWNHOMES A PORTION OF THE NORTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER I ScQ a PSM OF THE NORTHEAST ONE-QUARTER OF SECTION 10 TOWNSHIP"SOUTH RANGE 42 EAST CITY OF GREENACRESZ 1.1,11.11m ,PALM BEACH COUNTY,FLORIDA. B YEIFF?A MBE.Cx DEDICATIONS AND RESERVATIONS c,r --`�'-°v°—'-- v_. "jjA,11T 11 «.".11—. Tal Ezr `"� : xSHEET I OF 3 11.51ITI.II-10t�apxp aMO, iofi[ r :�04-4171 �r7 «:«+xal[. l(yxq I ,c«[s.�xf.«.ass. ••"°[..«am«...,cox,°...�c cD».,,«s ACKNOWLEDGEMENT :aBfaTIA4 ,r_o.11 Pc..*so.s sw«xa.am.w m TI aoaxo 11 Ilxc«01,o�°Kcs �I, of 02s �« TITLE CERTIFICATION ;T. ,�( «:aB«.°r•m x,s Pnmxcfo_________. a F,_ lF Tl Li-LI11 1-1. u s°oe�Fianan, LOCATION AND KEY MAP _ ° ":"»im 11 Tl.x. s maczsso s w.ss;cxs. PD1os lora»*xn»,x;s«as[»x.T[a».w:s ,«a..°P[,u.. np a. .xa nafx,.;a vasreo;n Pore»mc cowo iirW un y ar.«ncB[s alx x,, a o1s s va [a »mM;a:;°»f.F:x[I' — --- ------- o:a t' .P s.""::,° io F° :"x..E`L §gEf «o'TMT amu; wa «l °nt.wSx:`F°�«x.4,0..`DTT°x ' M. r—I - s °'°e.Aii:i;oa°f.°i:%"'.�sssxdEsis»`,` ACCEPTANCE OF RESERVATIONS _ o e.rx;s AREA TABLE jp* fxcu �ECSf" oa`xtcxf.k"o«K ,s s°P.assms ,x ., .. `OS,a„ra ml. ox.o.,e°,xis»gym`, T-1 .ao.,sa ss �`�'�p0oaTxF`s°c"o�:B.aw x` .;Ts s°cc.ssms.,m sss;axs..;Txmr Bfcmns. ,,�« n ;«c.. SURVEYOR AHO MAPPEWS NOTES: s��yym``.SO..`n'Lv'iry�°x�'` «fnsbE4i6-aeF'�F"FA€-si6€Fi ;Ts 111—All III—nf<Buasa,°Txe.;:1 os s CITY APPROVAL a o"6 ST TI 4 i°I I. al ACKNOWLEDGEMENT �` °ut `«":;4a` fm Pxos;,.;rz smcfsscas.w......»`'A`c[ss m sranr,T.B wx.aKyr ;4ir v ,«o o«e;x,u F,cu;nas.o<.rzo ssmsx,co x.,[n x,«,°[xa«, s. "s°B°"x°I—E'riKa"" o ax."w':`[sfxi':�4:W, °"en1,10ass I a F;"o:sso�';:xia'"I I wcai's`onss",,«ox12:'_ .i' 41TI»+°a»ar;c;uv;[s.x°..c.Px; n.rP«°vns wS G`ILII I,. IAT1I 11 1 1111 a Tr .cM ; er._. .___ _______ wffru FgmK. - - t-x t-A ��jQ( RV cio°1,1 ` TI lf DIFFERENT TIFES1(FI° f.sascx,s.«°Px:v s,acan.ssoc;.no r. DA�i . aBEcxoII «�fBBfxfm»oi:a:�z`,r.a. aAll III% t� x R° f F °I is 1 °Y w ux--a:-c irate:- ' .x«,s. lis°e i a°su"sa.�°i:L°wwr f«c�.ssco e.rx:s P.,r«:cx;s,ssm;,.I x:T«Txf°nux<cc oF1vu:c ixc.,.fin.;D,cm Bfx. xs;c cno«w r«f suw;v;oc°.umswT+a`"x{BeB ITn;za son III—FuxFosas.n. Txa co1B«.T;m,«° n.. suP..�°v w.»ca.cess[.0 m«es s«wucfc_.._____ ,s i TI-Ar;a. w..«.°[s,sr.». __. °«s. °_ ITsucam[°a «o Txs r.[."[saoT.:os»T;c;rr f<zau:«u w»«:xc.ox.c[x..«o 7 1111 W C IT OF REVIEMRNO SURVEYOR ._ _ 7lEeT n,.c�: .afs °«.,. os. :".`:i«Es°iiEc°xiiws°ic:nai.w`cwvas "t`»°m'" - � "''� s°a I. SURVEYOR'S CERTIFICATE u;�.nim r ca«;ss:°x vf'�iirrcr"E:si«°:�iPP`c��ii«E°.'aF��° �`o Si W E �x Aw. « E€�aT�` m[::o« TlT «: !0 lIKR I I:;T;E;,; E«x�za,P1axaB ar Axa s;T. m. of F".EOY;p4` .. IE,A&a. b«aE�S�w sT. _xoa._.s_ _ »Tr IM »,. . .. V <s .xa wa T 11 K « l I iFIFN:cu°a`ir1°P i1 cE..;s;<,T:m1 11- „ax IN —PIT1111'I'All f t —/M1rME� S4NNl xB rawAs ";yip,w« =a=` Ak I i 42 �pyMEtF RANCHETTE ROAD TOWNHOMES Q q A PORTION OF THE NORTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 10 TOWNSHIP 44 SOUTH RANGE 42 EAST I CITY OF GREENACRES,PALM BEACH COUNTY,FLORIDA. ABBREYNTgNS: s_�x, �"�� ► �.. z9 cr Noml COORDIIATEE BEARRM ANO DISTANCES SHEET 2 OF 3 e 5 _ .?8.. °,. x cm»r.u`, .�T TIMI c.sE..r I III NEY NAP .00r >law x AT n_i cl 7.0;'p osF a r i1MBacz., .a ,aka.z izno.E — I ` — I- 588.39'26" fiBt.fi3'N _ - _ I MT41RA — ------------------ ----------------°° 9°.oa -- w , 0 SGTid" ,e'66 'S6 �.IIOI fJb o3' 16W,J L'6—� JttTa,a �72- � �mi a 8 s Ri rR s i A s w 20 B S is o D Quo s ------------------------- �qa I I _ z�I In �ur°�I) q�zq. -I Rzno sro�so,�>ezR za�o srP� R I j ti as 0 00 3000' 3°.00 ,9.00',9 I18b eoo � s 'fM1 s9B zM MCMB Imo! 833.ia "' S: li —T— P -- _I3J00 ._._.__�_ -_ _._._. -_._ ._._. - ._..__.... _fie 6 _._.5-�a t. TRACT R h:. 8 a° 81 ....... __ �9_ A +_ 9 $ n ,_0 0 Jz.50'I IJi.O 30. 3.00 J. 9.0 saA Oc9 5Ts 2S= . 71 J '1 2 a - .anise•„l ie` naz Jfm q EezQ yza 6 65 W88�6J i. E8 9 I T2 R i$¢` tR o l v 8) grza u z A ze>0 s z0 4 Rzez °.azre sr I "S § - AI I� 22 8 � :< Y gi YI Ig 4I �� II ole s< a s so'T„ n I zJ Y t Lzl a +,. o Cw' J3.50' J4.J' 9.00 ae •000 e° Jc. an , MATCH LM '�SdS_4T.',35'bS f—'T__+__— sEE sMEEr 3 m g. 43 N"`bRTMETF RANCHE77E kOAD TOWNHOMES Qa q A PORTION OF THE NORTHWEST 0 E-QUARTER OF THE SOUTHEAST ONE-QUARTER a `y OF THE NORTHEAST ONE-QUARTER 0 SECTION 10 TOWNSHIP 44 SOUTH RANGE 42 EAST /�J f CITY OF GREENACRE t PALM BEACH COUNTY,FLORIDA. 15(XJ 11 rte.an z„se �6 evW,gl/a: A•E.]E�xr NOc MINATEIL BEARINGS AM OWTANM U¢ TwE up n�E.s m., wllacx. i 11— <E `fC6 wP R x a,¢„s.¢m y "' c.socx. ¢- wa ei`�9'n >o,xsr.�xr,am,o,usr z�c seB•p5'1._. 2. rx,cr ,¢ ¢v¢. SHEET 3 OF 3 E s5 / w>xa PaI", NEr wB oETAu. e see sNEET z MATCH LINE s - I �— sae•.¢soE wa aa' 5 pg SBD 4E T-7 3 s --------------------------------------__.______—____. _ ____ N93189I E{ I '� o r� Jda- • I IM� 25 ao�x,ao xee°x650' 00 „ � i I I __ •�¢ec I I I g -- 27, 54 b 93 a� { f $ v xee•ws'bsc i - I o'I, 20 i Q m z I I IP�� v u I I `� Natl•.¢'S0' _� j I I a l 9 Sol I I I�q 29 9 II 1 e'.e�S ---------------------------- ---------- 3 — - _ -____—_— I r t: 1 L ee ao voo .o nasal w °"-`a�n° ------ e� 3 , rho 3 I '6 8 1 s9900 xea•4¢'6 21. j JSS8 I gS R p �s IR .00 8 ,e 00 t0 2 _ ^1 y >I.� p4 W .saw Y hP as 8 g TR Cim- 44��Eo Opa.0 0. -� w139 0� xxro uP� _ IS j 3 8135 8 & 31 ':,I >¢a2 —T-1 36 RI J9 4a o i - xee g W I >o I 4Iu 50 c i I n 1 w s , �¢ I 1 >c 0 o a u I €I �-� rRncT n " 8 ____ _ I o I j I 8Ib N ]50 20 .1 �.u'[- 8 _ __ __ ----------- __ _ _ I r� a 1 t bee a 5, m tmt Bain id�'{i9;b1'I e7�Sb.W }�TSDS idb0'�tH 6d�3>'0�� W _ a _'r— N9e•ac so 44- nar' TRALT 51a.+a' .e.c.u.e. N .. .. _ sxwuxr r NBB•a0'O3"W 600.x4 ix.,cr -.s Ut xw,sE/%s[nex,o as az r - xe4 ¢5Ja t o etJ> 'PBIE0.'000 LMtE" _E. 4 Pulurn N ea>¢a. ------------------------ I I 44 �.v , t O a „ 4 1' � �};�� t�b' a�l�)�({}�ia�,.} "� `"'� s tom' �r -• w:ten- "'�si�X,�.�+ ,. /�) alt N' s y I RIF LO sl, � ti i fib; V r s. cr fI" tom, p� N W !I t='� '"�f, h Y 11�,- tis,. _1 �$F � ,�. '"✓} U !'.`I1G rl,- #iS dY as VACANT LAND SALE SALE NO. 3 LEGAL DESCRIPTION Lengthy legal description. See deed. RECORDED O. R. Book 31431,page 1454,Palm Beach County,FL GRANTOR Andrew Podray GRANTEE Barwick 40 Delray LLC DATE OF SALE May 12, 2020 LOCATION 13038-13132 Barwick Road Delray Beach,FL ZONING "RH", Residential High Density Rezoned to"PRD-6",Planned Residential Development DENSITY 6 dwelling units per acre SALE PRICE $3,250,000 PROPERTY DESCRIPTION Land size: 290,545 square feet, 6.67 acres UNITS OF COMPARISON $11.19 per square foot PARCEL CONTROL NO. 00 42 46 12 00 000 1020, 1050, 1060 CONDITIONS OF SALE Financing provided by New Wave Loans Residential LLC in the amount of$2,400,000 at the market rate of interest. Arm's length transaction. CONFIRMATION John Csapo, listing real estate broker COMMENTS This property was purchased to construct 40 single family houses. The developer is Stellar Communities. Grantee paid for the property to be annexed into the city of Delray Beach and to change the zoning. In return, the property was purchased with a contingency contract until the changes assured. Name of the new project is Banyan Court. 46 CFN 20200169898 OR BK 31431 PG 1454 RECORDED 05/16/2020 12:48:59 Palm Beach County, Florida AMT 3,250,000.00 DEED DOC 22,750.00 Sharon R. Bock This instrument,prepared by CLERK&COMPTROLLER (and after recording return to): Pgs 1454-1457; (4Pgs) *F' ority Piazza,Fres. Title Company ongress Ave. Suite 104 BoyntonRj &ch, F133426 �W- Property A ser's Parcel Identification Number(s): 00-42-46-12- -1020; 00-42-46-12-00-000-1050 and 00-42-46-12-0 -01060 0 SPECIAL WARRANTY DEED 0 ANDRE ODRAY ("Grantor"), whose mailing address 800 North Road Boynton Beach, Fl. 33 consideration of ten dollars ($10.00) and other valuable considerations received fr WICK 40 DELRAY, LLC, a Florida limited liability company, ("Grantee"), whos address is 2800 W. State Road 84, #118 Fort Lauderdale, Fl. 33312, hereby grants and eys to Grantee the real property in Palm Beach County, Florida, described on the attache 'bit A, along with any rights, privileges, hereditaments, appurtenances,and easements rela such real property. This conveyance isto the matters described on Exhibit B, but this reference will not re-impose same. t **Grantor warrants that at the time of this conveyance, the subject property is not the Grantor's homestead within the meaning set forth in the constitution of the State of Florida, nor is it contiguous to or a part of the homestead property. Grantor's residence and homestead is 800 North Road,Boynton Beach,Fl 33435** Grantor hereby covenants and warrants that the property is free of all encumbrances except as otherwise expressly provided herein,that lawful seisin of and good right to convey the property are vested in Grantor, and that Grantor hereby fully warrants the title to the property and will defend the same against the lawful claims of all persons claiming by, through or under Grantor. DATED this_L2 rday of1-04r 0. [SIGNATURES ON FOLLOWING PAGE(S)] 47 CFN 20200169898 BOOK 31431 PAGE 1455 2OF4 Sign nce of 0 (print �� ANDREW V ODRAY 0 (print n e): STATE OF FLOREDA.V COUNTY OF PALM B The foregoing ' bras acknow ged before me by means of[ ] physical or [ ] online notarization, this day in the year of 2020, by Andrew V. Podray who [ ] personally known to me or [ ] h duc d a driver's license as identification. MY COANggglpN 0 GG M207 Bo FeatY2,2024 nm,Notary Pylic u „ Now/y"s Special Warranty Deed-Page 2 48 DoublerrmeO CFN 20200169898 BOOK 31431 PAGE 1456 3OF4 0 EXHIBIT A TO SPECIAL WARRANTY DEED Property Description 0 A parcel o lying in the West One-Quarter of the Northwest One-Quarter of the Northeast One-Quarter of Section 12,To p 46 South,Range 42 East,Palm Beach County,Florida,and being more particularly described as follows. Commencing at tquarter corner of Section 12, Township 46 South, Range 42 East, Palm Beach County, Florida; thence Sou 01*14'31" East along the West line of the Northwest one quarter of the Northeast one-quarter of said Section 12,a d4&of 90.08 feet;thence South 88°53'46"East,(Departing from said West line),a distance of 40.03 feet to a point o East right-of-way line of Barwick Road, said point also being the Point of Beginning; thence South 88.53146" E parting from said East right-of-way line),a distance of 297.47 feet to a point on the East line of the West on r of the Northwest one-quarter of the Northeast one-quarter of said Section 12; thence South 01009'33"E said East line,a distance of 979.89 Feet;thence North 89'22152" West,(Departing from said East line),a distan o 5.% feet to a point on the East right-of-way line of Barwick Road; thence North 01.14'31"West along said East way line,a distance of 982.45 feet to the Point of Beginning. �v Parcel Identification Numbers: 00-42-46-12-00-000-1020 00-42-46-12-00-000-1050 00-42-46-12-00-000-1060 49 BANYAN COURT 1110 Paltll O<na OIRaAF a -aW w SflCMI 12 T M IDYR4 RMa u FAST, I 1 ® ary v<mar SFAaL wwr sfAa aurr,qaw s®�y {HQ 16RNIIFIsf MT wA}PAilD N _ M10 P.UALY."lf � I �tl taw fY aM WIEEIFFR.INC. 'ZIM c ;.ow aAon Aaw.■Aa,ao - i ,�lIF7. mom Rama nw-(eF;}wF-ron � __� "wm ii` sv""iwo� wii .^�awr �m��" amw'vas•w TAaILM DATA m x wws v rat s.N was rsa-a"-w.ssc"aarn¢s w.a ;ancArgs aoER A1D CaSSflIT: - `% A000PTAMLE 6 RESMAM.S: 1 I Al s - 2 1®1R1L nOQ SIIQT sms[mun.. •®�- -_. �._ c�fi----7 n.em��.s90��o n <w nd sue •m^ ss�m .. +wn P.4_Bt s.£___ -1e-.- ooi sM �s"'•�n w`i v�'��wo ^ , •`Mmi'a ows.o x on s uun sass rsm �"^aa we,a amsne u mt '^' RAS�' _�� ",�..3..�'N.'L�n.e,�s �- �C ._.- 2 meq. a.oESs ry®L��t� mei�ie� r1aM0r�lwEODyG.E1�b1�T:� •. 'sw[�wswra¢tl�w rwms� vl we m aortae � mn�v__AL IIsL___.. .fin w noo• 4 IYalal•wsmO�T➢I qI4 tl mu.s.o..r�nms p - oN i w�® NEWING SUR*-IV S STAG T-. �E "w p(nwaE. m o asN amc.wt.n uta aro amen.Sw. Aae4om EDmWff: tlw.aqui b 2!L r.a s�"tea n nasi i s`®`iam�s.. .v.r i. wuswv v x an s mruv �'m rs¢vn nN mrt¢ww®s n ss�iOMi�0�1. r Rs rrawzs. ��ryuE�{�aw�iwEwo��iwn�_s�o�^^rai W,iu'ro nv w� �pw a�i q .a w�u �/ �'•» 1 ®n ve y�� n x s^or..w smnf v w¢wco¢wt e.o�c m�a - �"• �'�� tl�imw.s�•it;�s�c�pfp .w.•s.a �Si m�[S o i �snsExs u«e •sOm n�� rE r�—mica r� •R `"�" an APrRwu� 2—r naaroammMMT: " 's 50 Ms RanuRw.ars wnnen n �p� OtM P.IJIOIfr,%S OOY.OM.�+iM10 MY 06f.NG6_ .�.. BANYAN COURT ow�s_nL.�as_yK,4,� mw.Parnat a•n[.apnrnsr ac-awrn a gcna ri m w S-K w u rm,. rsm angio Rma axR: arr a miur Enos PNY E�oa,Rrr,namr 91 �� earw Rnm..rwo. ixw-(swFMa-»a *lPill, _- .- -- - NORTH - 99 i' 44 _ CM' .aawiai y �]9 - g� UtzIx LAD Lam ----------------- y �. ---J----------------=—�==1=— saw .�...... as �� . 51 rAf■csf n aad M9FFFLR 9iC. BANYAN COURT <mana arrw Aw awAAEs WEER-nrW-wA,EYaaE E1R A HTlall Q IIE IQ.EtSI OE-0WlRR Of 9E:aa,fi laall9i b 9aflal aMa.Z 11[ASf, w_^ f'�" as goo auoa Awa snc foa En or naw aoG MR nolo{dSlds-pwla-nn I.=shm B 59 11 x qmw 9 or 3 lit , mwx�f M 4i // NORTH i 1 ;�� "� auwa�aauwo 9a - � awrfK scram L-7 9( F;� a..� ` fcafo�AE.xeAAnws F ;s3 ms,�..., &eI Ems' a 52 a aka a' 9 � � a 4 F'�rt r { bti1'lonvNao a 1 w Y l LAND SAL 3 13038-13132 BARWICK ROAD DELRAY BEACH, FL 53 VACANT LAND SALE SALE NO. 4 LEGAL DESCRIPTION Lengthy legal description. See deed. RECORDED O. R. Book 32129,page 806,Palm Beach County,FL GRANTOR HDP Ranchette Lake LLC GRANTEE Lennar Homes LLC DATE OF SALE January 19, 2021 LOCATION 1200 Ranchette Road Greenacres,FL ZONING Residential, low density DENSITY 5 dwelling units per acre SALE PRICE $3,828,000 PROPERTY DESCRIPTION Land size: 371,342 square feet, 8.52 acres UNITS OF COMPARISON $10.31 per square foot PARCEL CONTROL NO. 00 42 44 10 37 000 0010+ CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMATION Christopher Fiegen for grantor COMMENTS Grantor sold the property platted and partially sold to end users. Entire project contains 44 lots, with 33 sold in this transaction. The project is called Ranchette Lakes. House and lot price range is $367,000- $450,000. 54 CFN 20210036424 OR BK 32129 PG 806 RECORDED 01/26/2021 11:52:00 Palm Beach County,Flonda AMT 3,828,000.00 DEED DOC 26,796.00 Joseph Abruzzo Clerk Preyared by and return to: Pgs 0806-0807;(2Pgs) Todd k4urber,Esq. P Ind Title Insurance Agency,Inc. 830 . venue Delray ,,FL 33483 561-368- File Num I_AW67 Will Call % Space Above This Line For Recording Data] 'If00F Special Warranty Deed This Special Warn Deed made this 19th day of January, 2021 between HDP Ranchette Lake, LLC, a Delaware limited fat .' -company whose post office address is 908 Main Street,Evanston, IL 60302,grantor, and Lennar Homes,LLC,a FFlimited liability company whose post office address is 8895 N.Military Trail,Suite 101-B,Palm Beach Gard 10,grantee (Whenever.used herein the temps tx indude all 9re parties to this instrument and the hews,legal representatives,and assig is of iudividuek, and the successors and assists of artd tmstecs) Witnesseth,that said grantor,forideration of the sum TEN AND NO1100 DOLLARS(SI0.00)and other good and valuable considerations to said hand paid by said grantee,the receipt whereof is hereby acknowledgert has granted,bargained,and sold to the said grantee's heirs and assigns forever,the following described land,situate, lying and being in Paim Beach County,F ,to Lots 1,4,6,7,8,.9,10,11,12,14,1 1 18,20,21,23,24,25,26,27,28,29,30,31,32,34, 36,37,38,39,40,41,and 44,of TTE LAKE,according to the Plat thereof,as recorded in Plat Book 126,Page 118,of the PubPe s of Palm Beach,County,Florida. Parcel Identification Numbers: 00-42-44-I 3 010, 00-42_44-]0-37-000-0040, 00-42-44-10 37-000-0060, 00-42-44-10-37-000-0070, 00-42-44-10-37- 080, 00.42-44-10-37-000-0090, 00-4244-10-37-000-0100, 00-42-44-10-37-000-0110, 0042-44-10-37-000-0120, 00-42-44-10-37.000-0140, 00-42-44-10-37-000-0160, 004244-10-37-000-0170, 004244-10-37-000-0180, 00-4244-10-37-000-0200, 00-42-44-10-374000-0210, 0042-4410-37-000-0230, 00-42-44-10-37-000-0240, 00.42.4410.37-000-0250, 00-42-44-1037-000-0260, 00-42-44-10-37- 0-0270, 0042-44-1037-000-0260, 00-42-44-1037-000-0290, 00-42-44-1037-000-0300, 00-42-4410-37-000-0310, 00.42-44-10-37-000-0320, 00-424410-37-000-0340, 00-4244-1037-000-0360, 00-42-4410-37-000-0370, 0042-44-10-37-000-0380, 004244-10-37-000-0390, 00-42.44-10-37-000-0400, 00-42-44-10-37-000-0410 and 00-42-44-10-37-000-0440 Subject to taxes for 2021 and subsequent years; covenants, conditions, restrictions, easements, reservations and limitations of record,if any. Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold,the same in fee simple forever. 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 of all persons claiming by,through or under grantors. In Wituess Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. DoublaTtme® 55 CON 20210036424 BOOK 32129 PAGE 807 2OF2 Siga4 sealed and delivered m our preseow HDP Rancheee Lake, LLC, a Delaware limited habjWy Company u „(1 By:BDP Bhse[avestincals,LLC,a Delaware lined ' O liabift may.Its Mwager By: HDP Blue Hsoldhtgs,L LC,a Delaware limited 1 sM7ity company,its Mardagar By. Labe Capital,LLC,a Delaware limited liability � `,Manager ' 1� Vj4qs By: s Nance er el0 _ U311i Stam of I M06 County of I7fe faregomg instrument was aclolowleIpd O means of presexioe or oaliae noiariration,this IMh day of Jaaaary,2U2 1 By ilbI kim a Lake, i ` liaby company,By MP EOMs kmstmmnts,LLC, a Delaware limited liability company,hs Manager,By HDP Blue Holdings,LLC,a Delaware limited liability company,its Manager, By Crass Labe Capital, LLC, a Delaware lianted liability company, its Managm, By Christopher L Regan, Manag+mr, on behalf of the company. He/she�rpwonwiy known to meW(pq has pro&wed a drives hcaoae as identification [Notary seat] uc Printed Alamo: 00(o DrAdVWnWAD p�mi seep my commission lam:NowyPubft sate of mom 8 2� My De f eKpku 12Jt "M *decd W&—w Deed-Pegs 2 DonbleTima° 56 Eaoi80330So RANCH97TE LAICNORIHEAST AR SECVOM 10.TOrMA194�PMT444 SWVI�ERANM 42 EEAST.T,Eri—OUW EWLH COUNTY,FLOMA o tltl 1 I' �twlllC—cAtiBeEAH Y&Oj"r.Mac. IT— e ._ I � floe"rA�lat w.wx.0 4:b, i ae`"pma AMOOKSOmort 9868Y I OF 9 In MM a riw wYraarrr weer. ales ULFY euaeirs. ��3fI/w]�1 _ f�— w.cv wn,an x w.w wna.wma w owY a.m rown ry vnrm wear.m a..soou.ao wmc 3' w'°" wrr.o.,9K .seas m Win` `�•m• VILE COMMA ft wnrtv� a.w� v u+u %aresan w xnms rs w_ wrEwr�GM�Mn7° mq�,41�V�P�'cw�m�wor,ne u.Eo•eea Lwtsg9 9JR1flVt k YWilPrrlP'S M41E3 yassurQ po awnwo(wase M.ne w us�e ra.,..e w ws w ,r. r wc� n.,n�s`w,eam.� vev�we�.no.mope�a� � ��v n`u"°'s.n'�'o,�• m. w�E.w•• w.a m '^ ,a w� -me..,. suMYaLt a worms LLfIrIG11E 6 p4MIi wN(Ip t 1,w31U411el1uh2 wC��9 w.mt 6 vo mwww _ w,wp gy qe ..o♦ r va.s m...a.a mwrv. o w<..wow,.we,mM,at.gn,m.c m ��.m m mCr 4.� 1 0..a-PL's #.� :. hn,wv'u w .am.na.n m®�..e6eA3 Tense+4i�.Tit 9...anmwwrw saw _w,sa vazea,aauma.n.o w.ea,wars.ao.w.w,x..;a...w..wa �aim.eswm.n uw LLl11Y EV0�II! uo o+w rocn,u wrnw.�Ivo a s�.�.mw irs airs.w amn.e,w,rca�np ��ivresc�e�p�wws.e-�® �S,�rr .wrw.mffwmvu.aw..uo.,.�wssnm,rswosuat,m,.,_J—w.rs�__��mY .�w�rswwv.n ,�'rs� 7��" 57 RANCREM LA" Sao mWn lmo A PORTON dF T#NORTIEAST ONE-OOARTER 6 A7lAlITC-GWBBEAN YAPPW&RiC. SECTON 10,TOMN90P M SWT4.RAtM�a7 EAST.PAW BEACN COIAITY,ROFimA 'c A 81 LL.IIA O•.�f PNY ll[M1.flLm.SNI! k- y �,� tsnaea-,ew NORn+. � c ( ( 7 - - - - - - - - - - yanaflNEmer'Yaw9 _ _ _ _ _ _ _ _ _ _ _ _ _ N TTM NMT f _ �- 15 R t BMW 3 0!9 g { " d� \ \s`� ' .res i��-•_c r� �a g i I `S_ .74 i 1 -- , --------------- -_ ,mm___L 1 8I 15smmwrr.nmwPRPCarm'z�mrcrmm�wr�"�'Mar'.bfsrz 43 TRACT L2 Lv.a. I • ( g - ----„-_-- r = y42 lU 94 -_D�21� I I� ------------ -- - i -----4 i s ` I s v za 25 1 I a a 19 ,g 1 .mom a A <»< .. ae I 35 3A 1 37 32 31 K 18 I9 j 8 �B $ t f I I i (mrexs�w �uc A _ UMPLaTrtn `e�+°groi.awrr.:n rmem us�,ob. _ 58 RANCREM LAKE ATI.M77MrGPIBBEAN YAPPWG.BIC. A PORTION OF THE "- gT Icy nI,IEs'r pay lAp1 Rpp�swu NORTHESTSE R11K,SECTION 10,TON9lPMSCUTN,RANG t2 AECOUNTY,FLORIDA JlNORTH �aarr. lNix we awe u�am.�unwr.n 'Um ZU,7US- SEW P Or 9 , � rop --i-- , SF�FD/>89S11A]MJ16 I W I , 1 93s`ApI�§ ffi88^__ �i ee �a I ij� f a g ,Sim' .- �i I V�'� _ �i I� ' iRA[T i I 5 ii I iau;i f U P AT1ED iI S _s4 G — — _— — — — m&Tm LRE sMw 9 Or 9 59 W O W O 7 LL O i W ti ^ O > N +O+ 7 N n V N 6 7 Q � {n u V O O O O a` oo � C O Ln o o Io C11 0)LL Ol N Om 3 N In Q w C W 0 0 a.. y OO O O E 00 °1 0 s o 0 0 o vOi s rn w m m to W W � a R 0 y 0 0 0 0 u O m O Ln vi a N o 0 0 0 rn rn m Q Ni In In a N 7 0 0 O O 0 0 O 0 � 0 0 0 � -y o m O+ Ln N 0 Lr + Lr O O 0 W + C y O N 0 I, LQ r, 0 � O � C C 0 Q Q Q V�1 Q f0 Q O Q Ln I, to M O O Ln O O Z Q Q v m m 0)b.0m - Z V ON v 3 v 3 a v 0) 3 m ir W Lf N W W O I, a LL m . C � Ln L m Zo � Ln O O' 6 0 06 4c in N a N m o N a o 0 o n o W o V O L�i1 O Om O m D O O O m O tico a N W G N N M N J F 0 i O O 0\ 0 Ln cliN N 7 Ln- co LnO > m �Q W z W O ,� o Z LL N F J m m C c t N LL J V LL ca Co W J 71 i 71 i W N 0 0 Q yam. m N V m m N CO V f6 CO W i C (, O O O M T O O 7 Z >• W0 c m ` to Co Q O [O M M N W 71 N N Z 3 !% z a J SALES COMPARISON APPROACH LAND VALUATION Of the several methods to develop an opinion of land value, the one considered the most reliable is the Sales Comparison Approach. In this method, sales of similar vacant parcels are compared to the site concerned; then adjusted for differences to arrive at land value. 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 the most reliable sources, including details of financing and any special considerations or non-typical market features. 3) Select relevant units of comparison and develop a comparative analysis. 4) Compare and adjust the sales to the subject using significant, market-derived units of comparison. 5) Reconcile all value indications from the comparisons into a value opinion by this approach. Highest and best use for the appraised land is to improve it with a medium density residential project of about 10 units per acre. Land size of the subject 201,778 square feet or 4.6513 acres; zoning is "R-2", One-family or Two-family Residential District. The subject market area is in the revitalization stage of its life cycle. A search was made to find recent sales of tracts of land purchased for low to medium density residential use. With a scarcity of such parcels and few of them selling, the search covered central Palm Beach County. Of the sales reviewed, the four that are more similar to the subject are included in this appraisal. Details of the transactions are on the sale sheets and chart. The unit of comparison used by buyers and sellers of residentially zoned land is the Sale Price per Square Foot of Land or Sale Price per Dwelling Unit. With the sales having various densities and the density for the land concerned not yet known, the better unit of comparison to use is Sale Price per Square Foot. The range of unit prices of the land sales is from $6.36 to $11.54 per square foot, before adjustment. 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 states that there are several 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. Adjustments for transactional elements are made, then, attention is focused on the second group,property elements. This second group of property elements consists of location,physical characteristics and use. (Continued) 61 SALES COMPARISON APPROACH (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,below, or above market rent. The interest valued for the subject property is fee simple. The land sales were all conveyances of fee simple interests without leases. No adjustment is necessary for this element of comparison. Financing Terms Financing terms may have a bearing on the price paid for a property. Such terms that may affect price include assuming a mortgage at lower than current interest rates, the seller paying a buydown for the buyer to have a lower interest rate, or the seller providing financing for a transaction at lower than typical institutional rates. In all of these cases, the buyer could have paid higher prices in such transactions to obtain favorable financing. The reverse is also a possibility in which lower sale prices result from above market financing. Sales 1, 2 and 4 were cash transactions, the most common method of purchasing vacant land. With third-party lenders readily making loans even on vacant land, the grantee of No. 3 took advantage of this situation and gave a mortgage to a loan company. Loan to price ratio was 74%, requiring the borrower to have equity in the land. The financing terms reportedly did not have a significant effect on the price. Therefore,no adjustment is made for this element of comparison. Conditions of Sale Condition of sale addresses the motivation of buyers and sellers. Such motivations include a seller accepting a lower than market price for needed cash, a lender selling a previously foreclosed property to comply with regulations imposed on the institution, or a buyer purchasing an adjacent property. Even arm's length transactions may be the result of atypical motivation, such as lack of exposure time to the market,the result of an eminent domain proceeding, or tax consideration. None of the land sales are transactions by lenders after foreclosures of prior mortgages on the properties. Grantees of sales purchased the properties to construct new housing on them. Each of the parcels was purchased for a specific project, not speculation. Conditions of sale for the transactions cited in this report appear to be typical for the market they are in, with no adjustment necessary (Continued) 62 SALES COMPARISON APPROACH (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. There is an upward trend in land unit prices in South Florida, due to scarcity of developable land. The upward trend is accelerating more rapidly even than the annual inflation rate. The upward trend will level off, but the price increase will remain in place. Each of the land sales is adjusted upward 10% 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, property elements of comparison are addressed. Location The location of a property is a key factor in prompting a buyer to purchase it. Location encompasses many aspects such as road frontage, access, proximity to other competing properties, proximity to a market that will use the goods and services housed in a property, governmental influences, average daily traffic flow, etc. Typically, properties in a neighborhood share some of the same locational characteristics such as age, condition, and style. The appraised property and the land sales are in central Palm Beach County, with the subject being the eastern most. Although there are some differences in the specific locations, they are not significant enough to warrant adjustment to the sales for this element of comparison. 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, depth, topography, view, access, functional utility, degree of readiness for development, et cetera. The land sales have a size range of 5.17 to 10.58 acres, with the subject at 4.65 acres. There does not appear to be a direct relationship between parcel size and price per square foot. The more significant aspect of physical characteristics affecting price is stage of development of the site. The appraised land has zoning and land use in place which could permit a project of about 46 dwellings. (Continued) 63 SALES COMPARISON APPROACH (Continued) Land Sales 1 and 4 were platted when sold. Conversely, Sales 2 and 3 were not platted or approved for a specific number of dwelling units. The development process requires about a year to complete and the expenditure of funds to pay for professional fees of legal services, planning, engineering, et cetera. Grantees of Sales 2 and 3 expended the time and costs to have the parcels platted and other changes made to permit future residential use. These sales are inferior to Land Sales 1, 4 and the appraised land, and are each adjusted upward 10% for physical conditions. The amounts are shown on the chart. Use For sites to be comparable, they should have similar uses. The highest and best use for the property appraised and the sales is for low to medium density residential projects. No further adjustments are made for this element of comparison. FINAL VALUATION The adjusted unit prices for the sales are as follows: Sale No. Adjusted Price/ SF 1 $12.98 2 $ 7.41 3 $14.77 4 $11.60 The range of the adjusted sale prices is from $7.41 to $14.77 per square foot. Adjustments were made to the sales for market conditions and the physical characteristic of stage of development. Each of the land sales has some similarity to the subject; however, Land Sales 1 and 4 did not require an adjustment for physical characteristics. Land Sales 2 and 3 are adjusted for physical characteristics, with adjusted unit prices at the ends of the range. Greater weight is placed on the adjusted unit prices of Land Sales 1 and 4, with fewer adjustments. Considering all of the foregoing discussion,the unit value of the appraised property is $12.25 per square foot of land. The quantity of the comparable is sufficient to observe market activity in central Palm Beach County for parcels that will be improved with low to medium density residential projects. The quality of the data is good in that it provides a sound basis to develop an opinion of value for the property under appraisement. Based on the analysis and conclusions presented within the report, it is our opinion that the Market Value of the Fee Simple Estate of the Subject Property as of March 15, 2022 is: 201,778 square feet x$12.25/square foot=(rounded to) TWO MILLION FOUR HUNDRED SEVENTY-TWO THOUSAND DOLLARS $2,472,000 64 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 previously appraised the property on August 10, 2020. 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 February 25, 2022. 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 continuing education program for Designated Members of the Appraisal Institute. Continuing education programs are also completed for the American Society of Appraisers and the State of Florida. March 15,2022 Jesse B. Vance, Jr., MAI, SRA, ASA Florida State-CertifiedGeneralReal Estate Appraiser No. RZ-85 March 15,2022 Claudia Vance,MAI Florida State-Certified General Real Estate Appraiser No. RZ-173 65 CERTIFICATION AND LIMITING CONDITIONS The statements and conclusions contained in this report,subject to the limiting conditions hereafter cited,are correct to the best of the writers'knowledge. 1. The undersigned have personally 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 cant'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 specifically 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 Real Estate Appraiser No.RZ 85 March 15,2022 Claudia Vance,MAI State-Certified General Real Estate Appraiser No.RZ 173 March 15,2022 66 ADDENDA 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. 68 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 69 ' 3 J O a x ++ d d d d z z z z to w w z z E U •• a Q YC to YC YC o O to O N [— to O y O c� O c v �1. O o O Q. M y 00 O m � U VI o kn I LL O W N O Q' O O O O �cc 0 mo `n U •� O OO o ffQ .. Imo . . ori, "' o o N o d �m a � � r-: z to z W ch U oO o 0 O d to o t d Q rx Q z �o 1:T z z U Qo o ttn z oo r- 1:T z O O o O O DD t Q �� i z 01 01 -- z I O O a0 r. Cd Q Qz "O c. Q. $.. c� O fy (� U U Cd p �' Q s .. bD O O Q C/1 tom~" O s. _ _._ U 3 .3u � GTr140. z z z z z z z z 00 w w w w z z z z z • � � d d d d d d d d w w w w z z z z z 00 z z z z z z z z 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. 72 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 73 h4://www.amlegal.com/nxt/gateway.dll/Florida/boynton/partiiilanddevelopmentregulation... ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Page 2 of 3 Building area size is based upon gross floor area(in square feet)unless specifically expressed otherwise. Single-family,duplex dwelling,or mobile home: 21 Efficiency or one (1)-bedroom apartment: 1.5 1,2 Within mixed use high district: 1.332 Two (2) or more bedroom apartment: 21,2 Within mixed use high district: 1.661'2 Dormitories: 1 per unit Hotel&motel units containing one (1)-bedroom: 1.25 per unit Within mixed use high district: 1 per unit Hotel& motel suite containing two (2) or more 2 per unit bedrooms: Within mixed use high district: 1 per unit Group home(types 1 through 4): 1 per 3 beds Bed&breakfast: 13 Live/work unit: 1 per 2 units4 1 Residential driveways shall satisfy the parking space requirements for single-family detached dwelling units, duplexes, and multi-family dwelling units containing garages,provided such driveways are of sufficient size to meet the parking space requirements of this subsection. A residential driveway of sufficient size shall be provided prior to the issuance of a certificate of occupancy. For all required parking spaces not located within an enclosed garage, the first parking space shall be the minimum size required for a handicap space, exclusive of public or private rights-of-way, and all other required spaces must be dimensioned in accordance with current city standards. All driveways shall be setback at least two (2) feet from interior side and corner side property lines, and maintained and drained so as to prevent nuisance conditions or a danger to the public and/or adjacent property owners. Any expansion to an existing driveway shall require a zoning permit from the Planning and Zoning Division in accordance with the procedures specified in Chapter 2,Article II, Section S.B.; however, any driveway expansion(or similar impervious surface)that is equal to or greater than eight hundred(800) square feet shall require the approval of a land development permit in accordance with Chapter 2, Article III, Section 3. Any work, such as a driveway,proposed within the swale (right-of-way) shall require a permit from the Engineering Division in accordance with the procedures specified in Chapter 2, Article III, Section 4. 2 Guest parking shall be provided at a rate of 0.15 spaces per unit for residential developments consisting of three (3)or more dwelling units. 3 Required parking shall be calculated on the basis of one (1) space per each employee, manager, or owner and one (1)parking space for each guest unit. Newly created parking may be located only in the rear and side yard. 74 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. 75 http://www.amlegal.com/nxt/gateway.dll/Florida/boynton/partiiilanddevelopmentregulation... 1/8/2015 SUMMARY OF 2020-2022 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; 76 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. 77 475.611 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. (j) "Department" means the Department of Business and Professional Regulation. 78 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. 79 Vance Real Estate Service 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: vancevalL&comcast.net Web Page: www.vancereatestateservice.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)#003439 MBA DEGREE - REAL ESTATE MANAGEMENT AND DEVELOPMENT STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER#RZ-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. 80 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) 81 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/Lender Liability(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 IFIntermediate(1999) SEMINAR(AI) Client Satisfaction/Retention/Development(1999) SEMINAR(AI) Attacking and Defending an Appraisal(1999) SEMINAR(AI) Federal Appraisal Requirements("Yellow Boob)(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) 82 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(I 1/15/2013) 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 F1a.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'Uniform 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) 83 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 84 Vance feat Estate Service AOMMONOMMIRL OF 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: vancevaIL&att.net Web Site: www.vancereatestateservice.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: Commercial 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 85 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 H)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(199 3) SEMINAR(AI) ADA ACT(1993/Reno) SEMINAR(AI) Hotel Valuation(1993) SEMINAR(AI) Income Capitalization,Methods(199 3) SEMINAR(AI) Powerlines/Electromagnetic Radiation(1994) SEMINAR(AI) Verifying Market Data(1994) SEMINAR(AI) Market Studies for Appraisals(1994) SEMINAR(AI) Florida Appraiser Core Law(USPAP/1994) SEMINAR(AI) Limited Appraisals&Reports(USPAP/1994) SEMINAR(AI) Public Safety&Property Values(199 5) SEMINAR(AI) Outparcel Valuation(199 5) SEMINAR(AI) Computer Technology Video Conference(199 5) 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(199 6) COURSE (Al) 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 IFIntermediate(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 P 8Gctice:Concepts&Applications(2000) 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 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-Residential&Corrunercial Valuation of Solar&passed exam(2018) SEMINAR(Al) -Airport Appraisals(2019) SEMINAR(AI) -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 88 s u BOYNTON ,, Al >��,,,�„Y�t ,,,,,, , BEACH Lkkk LETTER OF INTEREST Boynton Beach Cottage District Development AST TO EST Proposal Contents I-able Contents LETTER OF INTEREST FOR COTTAGE DISTRICT DEVELOPMENT.........................................................................................................2 DEVELOPMENT TEAM INFORMATION.............................................................................................................................................3 A. DESCRIPTION OF LEGAL STRUCTURE..................................................................................................................................................... 3 B. PROPOSER'S PRINCIPALS,PARTNERS AND OFFICERS...............................................................................................................................4 PROPOSED SITE PLAN AND MODELS............................................................................................................................................. 11 RELEVANTPROJECTS................................................................................................................................................................................ 18 ..................................................................................................................................................................................................... 22 ..................................................................................................................................................................................................... 22 ..................................................................................................................................................................................................... 22 FINANCING AND OTHER PROJECT DETAILS.................................................................................................................................... 23 POTENTIAL HOMEBUYERS AND OUTREACH PLAN......................................................................................................................... 24 APPRENTICESHIP,LOCAL HIRING................................................................................................................................................................ 24 LICENSES,CERTIFICATES,AND OTHER DOCUMENTS...................................................................................................................... 25 1 Letter st for Cottage District s 61 EAST TO WEST DEVELOPMENT CORPORATION dA April 5,2022 Thuy Shutt, Executive Director Boynton Beach Community Redevelopment Agency 100 E.Ocean Avenue Boynton Beach, FL 33435 RE: Letter of Interest r Cottage DistrictDevelopment Dear Ms. Shutt: Thank you for the opportunity to submit this Letter of Interest (LOI) for the above referenced project. Having explored the CRA's desired outcomes, we have provided what is believed to be relevant information to assist you and the Board in making an informed decision in selecting a Developer to advance this project. Our team is confident that it is well suited to successfully complete the development of new affordable housing in the Boynton Beach Cottage District, part of the Community Redevelopment Area. East to West Development Corporation (ETWDC) is a registered 501 © (3) entity that has a mission to provide affordable(and workforce)housing in the most challenging markets. The leadership of our organization possesses nearly 150 years of experience in the areas of affordable housing, community and economic development, planning, residential construction, and banking. Additionally, our experience as local government practitioners should lend assurance as to our ability to understand the project scope and execute the project effectively. Our team's qualifications for this project is further leveraged by its collaboration with Stuart&Shelby Development, Inc., a state licensed General Contractor. Stuart & Shelby has been providing the highest quality residential construction since 2006 and is a leader in the development of affordable and workforce housing. Like ETWDC, Stuart&Shelby Development's team of professionals has over 100 years of industry experience. As you read through this Proposal, you will conclude that this team is highly experienced, knowledgeable, and motivated. The principals of ETWDC&Stuart&Shelby have worked successfully in the past to develop workforce housing in another South Florida redevelopment area. We look forward to working with the Boynton Beach CRA in its endeavor to provide affordable housing in the Redevelopment Area. pa: ely, DDaniel A. Rosemond,CEO/Founder daniel@etwdc.org 2 Development Team Information As indicated in our LOI, East to West Development Corporation is a registered 501 © (3) entity with business operations in both Florida and California. For purposes of this Proposal, we have partnered with Stuart and Shelby Development, Inc. that will serve as the General Contractor to construct the proposed affordable housing units. If awarded, we plan to establish a single purpose entity (Limited Liability Corporation)for the development of the proposed housing units. a. Description of Legal Structure Company Names &Address: East to West Development Corporation: Non-Profit—501 (c) 3 (FEIN: 83-1236408) 700 US One, Suite C North Palm Beach, FL 33408 Stuart & Shelby Development, Inc: Privately Held (TIN: 20-5655224) Stuart & Shelby Development, Inc. 205 George Bush Boulevard Delray Beach, FL 33444 3 . Prosr's Principals, Partners and Officers ,t , DANIEL A. ROSEMOND CEO/FOUNDER LAST TO WEST DEVELOPMENT CORPORATION EDUCATION E Master of Science St.Thomas University Public Administration C Graduate Certificate St.Thomas University HR Management DISCIPLINE EXPERIENCE r Affordable&Workforce Housing Administration: 15 Years r Commruiity&Econorriic Development: 15 Years Budgeting,Finance, acrd Grants Adnrinistration: 20 Years r Public Administration: 30 Years NOTABLE ACCOMPLISHMENTS &RELEVANT PROJECTS ' Administrative level involvement of fanding and oversight of more than 70 affordable housing projects yielding approximately 10,000 runts of housing Charipioned the establishment of new HUD entitlement city, cultivating 10-fold annual find ng increase and achieved national recognition fi°oin HUD Secretary Shawn Donovan Assumed oversight of an underperforming Redevelopment Agency, and successfully resolved issues stemming from. 01G audit ✓ Budget preparation and oversight experience well north of$120M ArtSquare,Hallandale Beach(priv=ate development) A mixed-use development consisting of 10,264 square feet of retail commercial use, 358 residential units, and a 2-story parking garage. Cost:$8QM Role: Negotiated (and administered) Development Agreement on behalf of City/CRA to garner redevelopment of 3 city blocks as part of this project. Diplomat,Hallandale Beach (priv=ate development) Mixed use development providing 938 hotellcondos, new clubhouse, and 30,000 restaurant and retail space on existing golf course. Cost:$650 M Role:Negotiated(and executed) Development Agreement on behalf of City, generating $6.5M in monetary contributions and in-kind services by Developer. Neighborhood Stabilization Program(NSP), City of Miami Gardens Established by Congress, the objective of the NSP was to stabilizze communities impacted by foreclosures through the purchase and redevelopment of these residential properties. Cost:$6.8M I 4 Role: Project lead; achieved national recognition from HUD Secretary for being first city in the country to successfully complete the acquisition, rehab,and resale of foreclosed property to income eligible family. Ward Towers,Miami Dade Affordable Housing Corporation 100-unit State of the Art Assisted Living Facility. Project involved a capital stack consisting of Surtax, LIHTC, Bonds, and HOPE VI. Cost: $17M Role: Board Director,project development oversight, DA negotiation and funding coordination. EMPLOYMENT HISTORY • City Manager/CRA Executive Director City of Hallandale Beach 2016 • Deputy City Manager/CRA Director City of Hallandale Beach 2013-2015 • Assistant City Manager City of Miami Gardens 2009-2013 • Community Development Director City of Miami Gardens 2006-2013 • Assistant Director, Community Dev. City of Miami 2003-2006 OTHER CREDENTIALS Florida Redevelopment Association Certified Redevelopment Administrator 2015 ICMA Credentialed Manager 2015 Miami Dade Housing Finance Authority Board Member 2004-2014 5 COREY W O'GORMAN.) AICF' 700 US-1, Ste C,North Palm Beach,FL 33408 (561)863-2722•coreyAplacepnd.com Education Rollins College Bachelor of Arts, Environmental Studies 1983 American Institute of Certified Planners (AICP) Certification - 1991 Affiliations Palm Beach County Commission on Affordable Housing, July 2018 to present Planning Commission, Village of North Palm Beach, 2012 to 2016 Florida Planning Association member, current Florida Housing Coalition member, current Florida Redevelopment Association member, current Florida Trust for Historic Preservation member, current PB County League of Cities associate member, current North Palm Beach County Chamber of Commerce member, current WORK EXPERIENCE & QUALIFICATIONS, PLACE Planning& Design, Inc. North Palm Beach, Florida President 2006-present Responsible for all aspects of company activities including client relations, business development, contracting and invoicing, and completing all company projects which include: • Due diligence feasibilities studies to evaluate development potential, how to proceed with the development process, and/or for possible investment. • Applications for various governmental approvals for site plan, zoning, permitting, etc., on a wide range of projects including residential, commercial, industrial and institutional. • Direct and oversee the design, permitting and construction for various projects as the Owners' Representative Project Management, serve as owners point of contact. • Provide zoning consulting services and code amendment services to public and private agencies and companies. • Community Redevelopment Agency(CRA)consulting including preparation of findings of necessity, redevelopment planning and project implementation. Toll Brothers, Inc. Jupiter, Florida Project Manager 2005-2006 Responsible for the management and coordination of various design and regulatory activities related to the development of a large residential community in Jupiter, Florida, including all necessary on-site and off-site infrastructure and lots for construction of homes. Project included single-family homes townhomes, golf course and clubhouse. 6 Collins Development Company, Inc. Palm Beach Gardens, Florida Project Manager 1999-2004 Direct and oversee the design, permitting and construction for various projects as the owners' representative, serve as owners point of contact for company projects. Gainesville Community Redevelopment Agency(CRA) Gainesville, Florida CRA Manager 1996-1999 Responsible for all day-to-day operations of the CRA, prepare CRA plans, prepare projects and programs with advisory boards and CRA Board, implement projects and programs. The Urban Group, Inc. Fort Lauderdale, Florida Director of Housing and Community Development 1993-1996 Responsible for housing consulting services focused on non-profit developers of HUD Section 202 Housing and similar affordable housing projects. Lee County Community Development Dept and CRA Fort Myers, Florida Senior Planner 1989-1993 Supervision of inspections personnel for development services division; preparation of zoning staff reports and presentation to hearing examiner in zoning division; Senior Planner liaison to six redevelopment districts and advisory boards responsible for redevelopment planning and project implementation. Allen Engineering Cocoa Beach, Florida Permit Coordinator 1988-1989 Responsible for preparation,submittal and processing of engineering permit application to various agencies on company projects. City of Titusville Titusville, Florida Planner,Senior Planner, Development Coordinator 1984-1988 Responsible for preparation of staff reports, presentation to city boards and commissions, coordination with other city department for review of development applications. Professional and Technical Skills Feasibility analysis and due diligence; land development interpretation and amendment; project scheduling and budgeting; development team selection; project financing (grants and loans); contracting management; public approvals; and project management. Experience working with and for private and public sector clients and non-profit agencies gives unique perspective and broad understanding of land development and construction issues. Experienced with Microsoft Word, Excel, PowerPoint, Microsoft Project, Acrobat, Photoshop. 7 Stuart & Shelby Development, Inc: General Contractor 217 N.E. 4 Street aft Delray Beach, FL 33444 The Stuart & Shelby Team has over 100 years of combined experience in residential construction, affordable housing development, planning and community redevelopment. Our team is also well versed in understanding and navigating the nuances of working with government entities in achieving redevelopment projects. Chuck Halberg, President • Florida Licensed General Contractor since 1986 • In the construction industry since 1975 including South Florida since 1980 • Construction Management/ Executive since 1980 for three top 200 National Builders • Has overseen the construction of over 2500 residential single-family units, 2500 apartments, and 800,000 SF of commercial space since 1975 • Personal strengths in business relations, product development, budget management quality control, customer satisfaction • Delray Beach Business of the Year 2013-2014 • Delray Beach Businessperson of the Year 2010-2011 • Ken Ellingsworth Community Service Award 2008, 2011, 2013, • Community Service Commendation Delray Beach Police 2006 • Special Recognition Award City of Delray Beach 2006 Dave Dedman, Director of Construction • In the construction industry in Florida since 1986 • Managed construction departments for organizations with annual construction budgets in excess of$20,000,000 including two major Florida developers • Bachelor of Science in Construction Management • Personal strengths in budget management, value engineering, product development, quality control s The Board tr`{ Jose Cintron recently retired from Laurin Yoder has over 12 years Carl Garraffo is an accomplished overnrnent service after a 0i experience in focal senior execrative, leader, arra advisor distinguished career in the field of government; specifically grant with more than 38 years of success in housing and community development administration arra community the real estate, law, accounting, and in which he served for close to forty and economic development. In hospitality inclustries.. Carl is the years.. His twenty-year HUD career May 2017 Ms. Yoder joined the President of H HR Consulting, LLC. concluded at the end of 2017, serving Georgia is Mountains Regional Leveraging extensive experience as as the HUD Lead for disaster relief Commission (CI' RQ as a Project an HR leader, Carl is a valuable asset efforts in Florida after Hurricane Irma Manager.er. The GMRC was for companies of various sizes and caused a high level of c arnape in the created in 19,62 as a sub-state stages of growth that are seeping State. district and is comprised of 51 expert assistance navigating issues member governments from the such as harassment, equal pay, and Prior to that, he served as the 11'iarrriNortheast Georgia Mountains. company culture.. Prior to that, Carl Fuld Office Director, named to that The GMRC works with these was the Chief Human Resources pest in March of 2015. His other HUD entities to formulates goals and Officer with Lennar Corporation for service encompasses two years as the strategies for arca growth and over 20 years. Lennar is a Fortune Regional Public Housing Director, and development. 200, S&P 500 real restate company an additional fourteen years during with 12,000 Associates and is the which time he held positions rrs as the Prier to moving to Northeast largest and most profitable Secretary's Representative (Regional Georgia in 2017, she was homebuilrer in America. Director) for New York and New employed with the City of Miami ,Jersey (appointed by Secretary Henry Gardens for 8 years. As the Carl formerly served on Client Cisneros), Field Office Director for the City's Community Development Advisory Boards for Prudential Florida State Office, Actin, General Director from 2013-.2017, Ms. Retirement, the National association Deputy Assistant Secretary for the Yoder was responsible: for for Colleges and Employers, acid the Office of Public and Indian Housing, administering, implementing and Now York City Beard of Education Acting Director of Community monitoring Federal, State, and Cooperative Education Program. Carl Planning and Development of the local grant pro rams for the.: City. is a Governing Beady Chair for Evaanta's Miami Field Office, and Development Some of the programs she Florida CHEO Leadership Summit and Coordinator for the Public and Indian oversaw were, economic is a frequent guest speaker at various Office of Miami. During this period, d e v el op m e: n t, h o u s i n 9 round table events. He earned his he also served as the "Change rehabilitations, homeownership Bachelor of Science: in Business Agent" (appointed by Secretary assistance, e m e r e rr c y Management from the New York Andrew Cuomo) responsible for the rehabilitation assistance, Institute of Technology and is an, ICF reorganization of the HUD Public infrastructure and public facility Trained Executive.. Housing Division. improvements, arra public services. i ll 9 rr y i Danny tt i is a Portfolio Senior Examiner relKing- l last is the director of State with the Federal Reserve Batik of Atlanta. He sand Loc:a Housing Policy for the Urban institute. currently oversees th consurn r compliance risk She loads efforts to cata yze Urbans vast housing management supervision program for an policy expertise into actionable strategies for, and institution with more than 0 billion in assets. with, state and ocal housing eaders Her Portfolio Danny joined the Reserve Bank as a consurner extends across Urban, ceracornpassirir a range of compliance e6alzincg in RA h'ou ng policy teas from horne[essr ess and examiner in 2011, s ;af ordable housing to 2on,ing rrforrYa, examinations for large, corr°iplox institutions.. hrorneownci ship+, and housing finance. King- ehland previously served as executive ve afire rtor of Prior to the Federal Reserve, Gunny managed the I.A County €eveloprrrent Authority where she various areas of consumer compliancy: as `licca oversaw 580 :rt f"a oyrrvrts and a budget of, 0 President of car�'trtsur"city Development and SRA at rr'til cart. h tG"ae a .st tvswrrr'tata arab a ''r cyan a large bank in Miami, Florida. fanny also has American to 'take the holm of the 40-year-o!d several ears of experience overseeing community agency. She cl the agency through significant development projects at the rnuinicil,al level, H is transforrrnat° on, in uHing he merger of the a Certified Regulatory Compliance Manager Cranarnun t~y ravralr�pra��t t ��aT7ar7 ssir�ra arid housing author ty into cares unified a€ yncy to (CRCM) and holds an MBA in Finance frorn Nova ass r rei°7,t cross-agency thirik?r and u„r.,rt ser ,rw Southeastern University and a Master of Science in nr_rr, a:ch organizational effectiveness, arra Community Development and Political Science rrsf osatior thn., agency as a foravard th ra in , from Illinois State University. Gunny's work in industry leader in thea Brou s ran of !"teas ng, ccmrr7unity d v to arta nt l arr, as a f''aac Comas cornmun t'y, and economic devr.; opmerit. She Volunteer in Guinea, West Africa.. enhanced th,e f.A(`DAs r rforts to r € Itt the hornelessn ss and af'ordabil ty cr ses, ncv!ud rt 10-fo d increase n affc rdfab,e and supportive units funded, increasing pro'ect based rental vou,her corrrrr'r ttnents by rnorea• than 100 percent whi e providing housing and housing assistance to hundreds of thousands anrruC1'I ,a ly. In � , shy was recognized as an LA Power Wornan by, P ,nova. Kens ehland has 20 years of c xpe en._o ;n housing, community, and economic developirent. She is a member of the I..AHSA Ad Hos: r Cornrn ttee on Puck People Experiencing H'on"1e' sne s and a n`9w;fnber of 'he Policy Advilsory Cornrnittee Teal' ttie California Roadrnap HOME 2030 nit at vs. . She graduated with honor's frs�rrr Smith College and has a master,,., in sub is policy frorr Carnegie non. 1 rtfiP��iff, rite •E ,�fr, 10 Proposed i Upon our team's review of project information, we have determined that a total of thirty-six (36) single family dwelling units can be developed on the site (see proposed Site Plan below). Our goal was to identify units that could meet the BBCRA's objective of having single family dwellings while also seeking to gain the maximum amount of density on the site to make the project feasible. Three (3) models are initially being proposed ranging in size from approximately 1,200 s.f. to 1,500 s.f. and are a mix of 3, and 4 bedrooms. However, it is noted that several lots (1, 4,12, 15, and 28) are only 25' wide, thus requiring a model that can fit. We therefore suggest a 4th model (Seagull II) for these lots. This model is only 2 bedrooms, just under 1,200 s.f., but presents some concerns as to demand from first-time buyers. Our experience informs us that a minimum of 3 bedrooms is the norm. Nonetheless, we can explore alternatives if selected in an effort to develop a site that meets the BBCRA's goals. None of the units contain a garage but all units will have a 16' concrete pad suitable for parking two vehicles. Color renderings of the elevations of the proposed units, along with the floor plans are shown below. It should be noted, however, that additional models/elevations can be considered should the BBCRA and the City's Planning Department wish to provide a broader variety of elevations. 1 i -------------- - i I I 28' 27 26 25 24 23 22 21 �20 T 19T \ � I III Y III I � III i I + .I I , SII I Ipl i --- a II I I' II III II -� -- -- LL TheS®gill he Osprey The Ibis The Osprey The Ibis The Osprey Thelbis The OsBe y The Ibis The Osprey 36- LJ I L 29 J + " O � I e i - 35 o PARK „ Ir-- - --- 30 I g l --------- —31, ------ o4 Ily �I 3 R o U7 E 0. ai 32 a __--- -- [h, ® l Thelbis r_--- T 15 IIS 33 The osprey -- -- _---- __� The Ibis hes®g�ll�� he OSPsey �he Ibis ThIbis '�The OSPse➢The Osprey I � The lbs4 2 11 'I II 3 4 5 6 y I II II ° —F— 7 8 — — — ------------ _— — ----- --- - ----------------------------------------— -- — — - ----------- 11 The Ibis II Three Bedrooms, Two Baths --------------------------------------------------------------------------------------- 11 H yF s r 1i1! G t `r1 y1S .4IA.IDFgS —111111.10 OF 7F.T;.V,nDl l9 SfnJlC:4TED d1Y ItEP2F6EM£D At THIN DWAI—q.RFOc1F.U@Y.aN4 THE AID u£IS€C:ftFATFI)E OI-D ANDRE —ED F'11 i E--DJ\(—TKIN WIT,I THF'+P£!'tFl£D P4l'p➢F(T-11-1,-IMA s, Bt I'SF,G*111011.D111145—ANY VER—FI—IR I01U'PRT—FDR AITY ,RPUSE-——4 t-HOUT THE—TTFN PERfl5;IDN OFM.Al'RICL ME1i5CHF.AflCHITECF Stuart& Shelby Development,Inc. 217 N,E,4th Street,I3elray Beach,,FL 33444-Phone:(561)537-7902 -Fax:(561)637-7904-www,stuartandshelby,coin 12 The Ibis II Three Bedrooms, Two Baths AREA CALCULATIONS: A/C LIVING AREA: 1,199 SQ.FT. PORCH: 85 SQ.FT. TOTAL: 1,284 SQ.FT. MASTER BEDROOM 8'-4"CLG. 11'-8"X 12'-4" GREAT ROOM I I 8'-4"CLG. 16'-8"X 14'-0" TH W.I.C. 8'-4"CLG. 8'-4"CLG. 61.2"X 8'-0"I I L J BEDROOM 2 a 8'-4"CLG. 111-81,X 9'-0" KITCHEN 8'-4"CLG. O O 11'4"X 9'-8" 00 BAR _ J PANLRY �❑ o� OG a AT WH 8'-4"CLG PORCH 8'-4"CLG. 17-0"X 5'-0" BEDROOM 3 ----- ----- ----- 8'-4"CLG. 11'-8"X 9'-0" Stuart&Shelby Development,Inc. 217 N.E.4th Street,Delray Beach,FL 33444-Phone:(561)637-7902 -Fax:(561)637-7904-www.stuartandshelby.com 13 The Osprey II Four Bedrooms, Two Baths a 1 t � N IAS�;1 Trtt _ - � I r t ,�=��+�� u a, h a,�,1 r�,;1' _ .i� �''"�"" ��'+,^ x� x•.;� �. -=gym�ti �,,� ,,,� � ,�,�: >?t , �. �. a1R=@€ Dr iC3'v.'nRRA(kNFh�L.'ihll Pl AiSlhl)ICATP.Ti OR iF,P¢F.Sh.!'TF.�ftS'TN15 LNiAR3hlG..ltF.6tl"�F.F,65'.1.`(�SHh,V.G.e15TY 9}'I HIi.)FPI(]i�'Y�NkRPCAEhFP.�F�(11,VhOflNI3 DF}.�,OPhD FY�lY45E,, 1-1' M14'ITN,SHF-11FM RR9lE(T ift}Of SUCH II)FA5 I3t51SfV,ARILi\Y.Y,�1EP'TSUAII-1111--[SFAIlY9R 11IS11O5F[)T11A,JF 111111.11'IRM OR COSY eRA'iIfV4 FOR 49 F:WCILF.WHAT—FSR—i191.TTHF.WR[? NFFRMJY[Q:OFI,-L-CNIF\ASCTEE ARC HITF.CT. Stuart& Shelby Development,Inc. 217 N.E.4th Street,Delray Beach,Florida 33444 Phone;(561)637-7902 Fax:(561)637-7904 www.stual-tancishelhy.com 14 The Osprey II Four Bedrooms, Two Baths AREA CALCULATIONS: A/C LIVING AREA: 1,446 SQ.FT. PORCH: 58 SQ.FT. TOTAL: 1,504 SQ.FT. MASTER BEDROOM 8'-4"CLG. 11'-8"X 13'-8" GREAT W.LC. ROOM 8'-4"CLG. 16-8"X 20'-0" BEDROOM 2 8'-4"CLG. 11'-8"X 9'-0" BEDROOM 3 KITCHEN o0 8'-4 CLG. 8'-4"CLG. 11'-8"X 9'-0" 11'-8"X 10'-0" m O J �■ o0 g FOYER PORCH 8'-4"CLG. 11'-4"X 5'-0" BEDROOM 4 8'-4"CLG. 1 r-8°x 9'-01, Stuart &Shelby Development,Inc. 217 N.E.4th Street,Delray Beach,Florida 33444 - Phone:(561)637-7902 -Fax:(561)637-7904-www.stuartandshelby.com 15 The Royal II Three Bedrooms, Two Baths Y= NOWt f r / - 4 �hnS z r , t f a' ! nl.l.111-11 rSAUhv pkRq,NCF IH"fS A-1I,11 61 AT AND T1£I—PE--f TH[St kFfC},.ANT) kR I1.1 E4.CT.[.v£R1-111TTf 111 TH£tP£C tEAtD PROWT IONY,OFF"I(Tf MEAS OR RA.—HALL RF.U FA HF OR M(LOW TO ANry PEW,1 OF MAURE(f.lE i,[(HF AWHTTFU Stuart& Shelby Development,Inca 217 N,F,4th Street,Delray Beach,Florida 33444 Phone:(561)637-7902 l=ax:(561)637-7904 www.stua tandshelbyxonz 16 The Royal II Three Bedrooms, Two Baths AREA CALCL-LATIONS: A.C.LnTNG ARF?.: 1,356 SQ.FT. PORCH: 146 SQ.FT. TOTAL: 1,532 SQ.FT. r � ' I MASTER I BEDROOM COFFER CLG_ I 12'-4"X 14'-0" --� L— r I I IY I I M. GREAT ROOM �� COFFERCLG. 16'-0"X 2 F-4" I I I I l 7 1 I KITCHEN J S'-4"CLG 12'_S"X 12-4" --------------- -- - ❑ BATH R'-4"CLG_ BEDROOM A BEDROOM #2 #3 8'4"CLG. 10'-0"X 11'-0" s'4°CLG. PORCH 8'-4"CLG 19'_4'•X I1'-8" I Stuart&Shelby DevelOpnlent,Inc. 217 N.E.4th Sueet.DeiLav Beach.Flwida 3344= - Ph--l,61l 6'7-dQW -P—f 5611 617-74f -txrnnxr e[iartani�chPl'hv rnm 17 The Seagull II To Bedrooms, Two Baths AREA CALCULATIONS: 25,,"C LIVING ARE: : 1,119 SQ.FT. PORCH: 77 SQ.FT. TOT�Z,: 1.196 SQ.FT. I �7 MA.STER W.I.C.BEDRO011'�I — 8'_4"CLG 8'-4"CLG 16'-0"X 11"-4" 1 W..I.C. ~ 4"CLG- I I BEDROOM 2 I 8'-4"CLG_ 10'-0"X 11"-4" of In BAT ( 8'-4"CLG. REF PAIVIti CP.Y . K TC' E1\ q0 8'-4"CLG. (,I J 10,-01,X F_WO GREAT ROOM 'L --L 8'-4"CLG. 12`-S"X 18'-0" DIlNING ROOM 8'-4"CLG- 101-01,X 91-8„ POI C 8'-4��CLG. 13`_O"X;,_O" �II,IDF,AS DFSIGtv5.�AR4NGffi4t��TT54UD IIL4N5.4SDPC�IED DARFYdES£k'IRD9Y]FJSDRAR'@SG Acs ORT£b HYeL*ID SH5 FAOFQTY Qg"1Fil5.bF£ILE ASND RF85 CRE.0TED_EL'Oli4'AD_L*]D DF4'ELOPRD FOR US£OV ANB CSCdNASECTION'3.RiN_FfA SPFCFfIED PAOIFLi,kiOh�OF S[If�'.II�AS DE51�.�.AkfiEMv R5 OR PLANS SHALLHSG�D Bi'OR EISCLbSED i4.4k:Y FE.RSNv_I2RAS bRCbRFbR0.SIOri F6R MY PURA'KE R'fLAFO£S£R R]TOUS I'fIER'ftliTEri PER&IISSI4h'OF fifALiFIf£3f ET1F5GR£.ARGEQi£LT Stuaxt &- Shelby Development, Inc. 17 N F 4th Ctn-pf Delr:v R,—grh Flni-irb�'444 •Alinne,(S6 In?�t,37-74 •P,v,f Sh f 1 637,-7Qfl4-ivilriv gmmvincidipI In,rn[n 18 Relevant Projects Community Land Trust of PB County(2016-2020)— �'Y s i Kirk Road Homes � F General Contractor on the 8 , affordable homes. Site development and full p s�F F construction.Project cost � r�($2,100,000 i} U�jylPi�TN yFF L`'i�kir �'�ai �y{y4� � v }it ;FFs,itiF1i �c }} ��i ''="S �i`'f'�Yr Vrr,'r,nw#�":�+m:m+?arm'Y?rr?atM:rci4M�A�M'r?,,,Fm+M�un:n�+m�emuRp•k#,.r�xat wst:M+MvwtPr?��rm�rm:m:m un,m:?,us�•R�;.a�'rm�n rm'£�,rroN,M�:m+mv:?ra�fNronNwrrNut l�,�+,,,nl Delray Beach Community Land Trust General Contractor for the construction ',%'I of 10 new single-family homes including A O lot development. Project cost � �r' ($2,400,000 +/) F n cnr\w1$�yXz A---,i t,Y--iat�r>---,—--PiIB it,Y'+--,1Ft,Y---Fl7re—�lro;%C'r;... 19 ! Adopt A Family of the Palm Beaches (2019-2020 completed) General Contractor on the 14-unit "Al !��,{!li�it��t��i� affordable housing project with community center. Site development and firs - ��!At�ii�� `! s �,� full construction. Project cost i�t � ($3,500,000 y# 14 e Community Land Trust of PB County(2015 -2018 j General Contractor on the 16 affordable SFj , homes, and 8 Townhouse units. Site development and full construction. Project cost ($4,800,000+/-) � s ,.k r 20 j „ d Hallandale Beach CRA (2013-2014, Completed) In-Fill Housing Project,Phase 1. General Contractor for the construction 8 new single- family homes. Project cost $1,500,000. Commenced Phase 2, 2015 b fc 4 '^-'�=,�v nnnnn»%75rn nnnnnnn»»y/flnmm�nNn»»r�nnnnnnr�nr�m»AmnnnnnnrN�r�Arihfiflnn%r�Yk,�RMmfi�r�;?�t�ArbASY!�Yfn;n'�r�NAm�tMN7°afr�a§nY�S�S�A'kfi°su�+a;�°'�' Lake Worth CRA NSP2 (2011-2013 completed) � ��;2��' General Contractor for new construction and renovation for 46 units as part of this project. Worked closely to administer the HUD requirements for this '��,i1�Y}f�� project purchased all contracts and full oversight of all construction activities. Project COSI: $5,500,000.00 1 21 f f },F✓' tom„ ,P"'.4 � t y, t I' *�� j"Nft �11�t� Mrd Avenue Homes Pollywog Creek ° ° Sr, flousing 14-Unit Mullti-l-amily &Comm Center -$41-4-M, 29-Unit Multi-Family—t4pts. $18M ��h S Wil , Apartments 22 Financing and Other Project Details Based on our initial assessment of all the elements of this project, our team estimates a total development cost (TDC) of$10.5M. This amount includes hard and soft costs and is based on current estimates of labor and material costs, as well as related fee schedules for the governing entities. It should be noted that our TDC does not assume an allocation for the land acquisition. Although we acknowledge the most recent appraised value of the site, the estimate of development costs assumes the BBCRA's contribution of the land as its role in keeping the affordability of the units at the most reasonable level. To make the project feasible, the 36 units would have to sell at an average of $292,000 ($195-$243 per square foot). However, should the BBCRA desire to recover a portion of its investment in the land, price points could be adjusted to account for land value. These adjustments would, however, need to align with the published purchase price limits set by Palm Beach County (adjusted for homebuyer income levels). The financing of this project will require creativity and flexibility. As is now commonly known, construction material costs have skyrocketed over the past 20 months. And unlike market rate residential development, affordable/workforce housing development does not have the built-in margins to fully absorb these costs. Add to this, the applicable purchase price limits and underwriting challenges for income eligible buyers makes financing affordable projects (specifically homeownership projects) very challenging. Notwithstanding, our team will avail itself of a variety of funding mechanisms available for both pre-development costs as well as construction costs. As a non-profit, ETWDC is in an ideal position to be recipients of government funding (i.e. ARP, CDBG, SHIP, etc.) for which the project is eligible. Should our team be selected, we would move quickly to identify any and all funding options necessary to start and complete this project within a two (2) year time frame. 23 Potential r a This Team includes experienced practitioners who were former redevelopment agency executives. As such, our Team is well versed in the process required to screen applicants to determine income eligibility. Notwithstanding, we will likely look to collaborate with local agencies and organizations tasked with homebuyer education, credit repair and mortgage eligibility. It is our experience that local organizations routinely maintain lists of potential homebuyers that meet LMI or WFH income limits. The marketing and outreach for a project such as this one will be important to ensure an awareness of the product being developed and the opportunity for first-time homebuyers to build wealth through homeownership. Our team will develop marketing materials featuring the models, the design features, and prices. These materials will be disseminated through various mediums, including social media platforms to attract potential buyers. Facilitation of home sales for this income targeted population often includes coordination with lenders that offer programs with modified underwriting criteria. Moreover, to ensure mortgage ready buyers, subsidy layering will be required. Understanding multiple funding sources and having the ability to coordinate multiple moving parts is critical to the project success. This team has the experience and credentials to accomplish this successfully. Apprenticeship, Local Hiring In addition to all the credentials shared thus far, we conclude with a commitment to local hiring and the development of an apprenticeship program for local residents seeking employment opportunities. This type of initiative is something that this development team is very familiar with. Stuart & Shelby prides itself on meeting or exceeding local hiring mandates in all its contracts. And with ETWDC's strong background in local government, outlining, collaborating, and implementing a successful apprenticeship program is something that makes our organization stand apart from other development entities. 24 Licenses, Certificates, and other Documents State OJ`Florida Department of State I certify frorn the records ofthis colic c that F'AS'FTO "t: RP is a corptmitimi org-anizvd under (fie laws of,the State of, Florkha, filed on, NovenAvr 5, 2019. ell"ective Novenl9 r 5, 2,10 19, Fhe docurnVI'll nurnbco" of this corporaiion is N NOW)1 16W 1 lianher certify dumsaid ct-wrioration bats paid au all fees de this officed'irough Dccewnbcr 315 2020, OVAI its ITIOst rccvnt annwO bitsincss repori was filed on Cktober 9, 2020. and 0-611L its StIIIIUS is acil'A"C' 11 ILwOrier ccrtil, that trid corporimion has no filed Articles o'I'Disisoltlifion. Givwn andet my hand andMe Gre al Seal 4#the State qf I-larida at lallabaxwe—the Capital. this the Twelfth day t�t'(ktober, 2020 4' 95yy Serrelarly qSlatt- o Modwnd air lhi% mr,6,441"ing 41f,taowir M6 1w"Iber,And lhea FidUm bv ............................ 25 INTERNAL RFVFNtir SFRIVICIF DEPARTMENT OF THF TRIFASURif P 0 BOX 2508 CINCINNATI , ON &"'a! Fmploy,-r C)9 2 83 1236408 DLN� 17053263307028 PAST 10 WFS7 DFVFiOPMFNT Contact Person! CORPORATION SIRIJUN MAYI IM 31445'il 24979 CONSTITUTIN AVE ST' 711 Contaclt Tolophone Number- STEVENSION RANCH, CA ��1381 18771 829 ,5500 McmrotOg PoHoad nM ng: Docambell- 151 ;%blic Charity Status- 1POM (WAI (vil Fwm 990916EZ59UA MQuirw ywi, Lflen,,A toov Dalo rit Exprnpit ifon July 27, 2018 Crint r i i On Dooluul luillty Yes Addandue Applrw No Dom NM I "w"I'l We re ploniol 10 Lal v yu u av Uv t a f a s n ad you'r n a x ev 1'i1 it- e dc!ri=i t yI"cam U tax under lntnrnaT davoinut; bode 0AW Sw0wi 501"t 131 Down can deduct contributions thay ma ku ito ymt ondor 1 Section 170 Youin mosto crumminij to mcivv" !Am deductible nequasty davinow truniQrs wqifts nowder Switow I'M9, 244. or 022 Into ulor cnnold help rpAnlvp rokmwnni on Y1111 ameMpt StoloV,,, W,16n%n kerep .,l for ioriijv ro,4�"rd Or yaniial lu"s exempt Mar Utt," 5,ac"onn bW (Qjj; aw hwth"r classified as nitner nutilm criarities or privato foundat�nns We dotevmirez,d yuu'ru, �,�l pub, virsty untler imu IRC S=,,nri , AT luro top, o* thl's, luttor If OV at thif TOP rf !hit Ill'Or LIWL YUI&f B ' u4wrud to ?ilo bors 900199040990% our records shrom, you�ra, re,oiogrud to file an annoi,11 i"farent ion rnt"rn (Ims DIU ui ruis M-Uj w wocovrarmc noto qvaro qvir N, the a Postcaric) If you durYL vile n requi -ird return or not io;r,., to Llit rroi uonAecutivo yrorn, your nmempt statw& will Uri," h"',"illy '9"voAftd, If vwO i0jdorOtod of the Jup of thm letter 't its an Anjouitjum ofppi Iv5, ti-ow, onclosad addendus is an iwagral part of this letter, Fur omparlant, information about your resp1wm1bokfas an a tax.exempt orgrtrul:otioro, go to wwa, 11S,govIahaeitins, Cuter. "4221 PC' in trio acarch tvior LU Yjevy Puh' it;atiron 4271 -PC, Compliance Guide for 5011G)j3) Public Charities, whiCh devinrQuo your iucundkeeping, raporting, and aisshoswo woukumoviLu, Letter 9A7 26 i Ron DeSantis,Governor — Halsey Beshears,Secretary r _ = Florida CJ pj STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CO STRUCTION INDU,;STRYwL1�ENSl G BOARD THE GENERAL CONT{�ArGT�012 N`ERE� IS CERT-F►ED UNDER THE PROVISIONSiOF GNA��T �2e489, FLO� ,IDA;STATUTES , g t h, HAvi,L,E�t,I�"" -Ofrl� `ON i STUART&',5l !'E,LYrDEI/EL'b3P,iMENT1ri�IG 'DEMAY BEA,,N;,' yFy t } 44 LICE�*1E N'l�M`OER CGC35$42 EXPIRATION DATE AUGUST 31,2022 Always verify licenses online at MyFloridaLicense.com t 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. m I 27 Centennial Management Corp. 7735 NW 146th Street Miami Lakes, Fl 33014 (305) 821-0330 Fax(305)821-0402 December 1 LETTER OF EVTENT TO PVR CAXL4SE REAL PROPER Property: Approximately 4.345 Acres located between AT dth Ave and NE. 51h Ave, between Seacrest Blvd and NE Ist Street in.Boynton Beach,FL 33435 To Whom It May Concern: This shall serveas a letter of intent to purchase the above referenced property. This is not intended or to be construed as creating a contract between.the Buyer and the Seller. Only a fully executed agreement for purchase and sale of the property shall serve to bind the parties. This letter of interest is being proposed for an Affordable Elderly Community that we feel would benefit the City of Boynton Beach. As you are aware,we recently completed Ocean Breeze East Apartment and we are about to start construction of Wells Landing providing a combined 247 units of affordable housing along with new retail space in the immediate neighborhood. 1) Buyer: Centennial Management Corp or assignee 2) Seller: Boynton Beach CRA 3) Price: $1,893,000.00 4) Deposits: $50,000.00 within five(5)business days;of execution of purchase Contract ) DueDiligence: 3 0 Day Inspection Period and receipt of good and marketable title. 6) Financing:, Closing is subject to award of SAIL or 9%Housing Credit funding from Florida Housing Finance Corporation through one of its 2022 Requests for.Application. The Contract shall be binding through May 30,2023 unless Buyer elects to close earlier or cancel the Contract earlier per due diligence or financing contingency clauses, t ) Con t; Within thirty(3 0)business days of the Effective Date of this Letter of Intent,Buyer and Seller shall enter into a binding Contract for Purchase And Sale(tire"Contract"). Faure to reach an agreement will allow the Seller ta,00rtsrder this agreement void and accept Vers from other, eeseal t fav, ) Clos mos shy occur wi Fid n� ")days fr m t ��r,', DO �t ude �tz from Florida Houtirig lnnance+"orpCiratlC} 14 lroers apt to tcouteplakr pxcase� ihr' ryer t cl U§ s�- , s..•. ,.,... t..:.A £ r ii.t.yt, 1 ,ii it r 1 Cs�. _ `1 �t1 `;. s r. y ..a> > t��,�l 'S) � __ - £, ,t,`.� £ �£t if}, t,�(it s� �1..,1 Uyl��4>�£7�S�f 'st�£��, Z� �: _... � ,��, - £ :`�--, � � ' _. �( --, `.•_ - __ _ - £ -;•£ s t � r t Is � � � � � ��, �� .�£ ,i��- � ,.A t £, � to � — �,:, - �, i £ � i�fk£ii Jit� � �} ,�i£ £ £ '•-��r 44 - -_ _ _ - t - £�i7i£�s ��rb _ ) , s t fi 1�i�11f �� Yh �( ,. t{�i l �l,�i�{£i, 11)Liens: Seller shall deliver evidence of no encumbrances/liens and at least ten (14)days prior to closing. If this Letter of Intent is acceptable,the Contract shall be prepared by the Buyer's attorney, This offer will stay in effect until 5pm1. G Sincerely, y Buyer-, etite 'al' a e e and/or assigns Agreed and accepted this day of December ,20 '1 Seller: Boynton,Beach CRA By: Al"l A111 r If t r}lit}l; + t f li�vfF+v t } of rt Itv}�i1rl�r. t r r - } `- G t i 1 t., is t r I.t, II t 1 t �4. ( rt ,i i(t.,,.� i ;.t„• .r r ,,t# �,1�,t r V f At,t:,,�1 } (l�` ..,, - 1 - t - t t t1 t � 4 tll h ht t tt _ i t r � r .rs ,1i i r t}� �a t 4 F > � ti It t tt t h h t � tF s tiS i � I ... i rS � .-_ C.. SF _- u 3 __ �= n-._ {f., - •1..`r .. - � i, -. � �`_� ;. � �-.__. _-, }�51 -.`= S. _.r_ - --_ -- .__ =5. � � h �� pY577f � r i e -------------- E - SEACREST BLVD. S.. �f••-��J ti 3 �� ,�I It&-y, �C 42� Olm i> sAi,o n I' it Z ttti �4^ t �Q a. fl tis s. .... t (, it r 0 41 -ustt i,ttAm s .{ 1AT �0� { j"� .. i yy p H.E. lsT.STREET a s � - r p G es w. rh M m ,r I — I 7 • m.R 111 dt{) I d t SlIJ t�t); I1P, t r i tit f t, littu�ir I { r1r ts; �! }tt}�� Ih 2 i � e t fl is �a t« t � r I rt 41 t 2 i tim �tyn�}t�2t1 P m i e�� t � r I'M > rn n 8 d TSL T p o ❑ ,c^ D dT,zz a o m z N P e p� m cz pGHA N 5� X41_ '. _.. N N Z,Z1 8 43RLLG H LRBERT a�RGHITEG7� �. � u �CJ P i P N v 5 v 1 u�M ORVDo of YEEPR%EtDu s��i cONDa'aa�a' a o _i I I i ui m ON DOzz� =05�=8 "NW0T 0-C I d w x � F I — I , ILI f y' t r yyq -: 2Z { 11 I f 9A g� (� _ o p 0 TO J G N m g m € myn 00 € OI Z O p 5 '9 V Z-I _ p _r GA`LLO HERE ERT ARCHITECTS '. •n �. ,v. "t, P OR a 1—FIELD MIC..ILMIDA v.�z Vance Real Estate Service August 10,2020 Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue Boynton Beach, FL 33435 RE: 4.346 acres of land,between N-E 4th Avenue&NE 5ffi Avenue,between Seacrest Blvd& NE 1St Street, 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 August 10, 2020. The report sets forth our value conclusion, along with data and reasoning supporting our value 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 2020-2021). This report is for exclusive use of the client for possible disposition of the appraised property. 4 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 market value of the appraised property, subject to definitions, certifications,and limiting conditions set forth in the attached report. ONE MILLION EIGHT HUNDRED NINETY-THREE THOUSAND DOLLARS 893 000 (THIS LETTER MUST REMAINATTACHED TO THE REPORT WITHEIGHT-MNE(89)NUMBERED PAGES FOR THE VAL UE OPINION SET FORTH TO BE CONSIDERED VALID.) Respectfully submitted, Jesse B. Vance, Jr., MAI, SRA,ASA State-Certified General Real Estate Appraiser RZ-85 &�aalallollzt5_1_ Claudia Vance, MAI State-Certified General Real Estate Appraiser RZ-173 MBA in REAL ESTATE DEVELOPMENT&MANAGEMENT - 7481 Northwest 4"'Street, Plantation,FL 33317-2204 954/583-2116 - F r „ u � t tt AERIAL VIEW OF THE APPRAISED PROPERTY,LOOKING NORTH 4 f d" i a t, �=Mv } r xm „ n r �H- AERIAL VIEW OF THE APPRAISED PROPERTY,LOOKING WEST 7 BOYNTO 16iiii B E M �YYa4a�±r'Ari`,A 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 BOYNTO immiBEACH C d CRA BOARD M EETING OF: April 12, 2022 OLD BUSINESS AGENDAITEM: 16.D. SUBJECT: Execution of the Third Amendment to the Purchase and Development Agreement to the Ocean Breeze East Project SUMMARY: The CRA entered in to a Purchase and Development Agreement with Centennial Management Corp. (CMC) for the Ocean Breeze East Development Project on February 15, 2017 (See Attachment 1). Subsequent to the execution of the Purchase and Development Agreement, the CRA entered to an Interlocal Agreement with the City for the payment of the $567,500 in local match funding on January 18, 2018 (see Attachment 11). The First and Second Amendment was executed on November 9, 2021, and March 9, 2022, respectively(see attachments I and 111). The Third Amendment is required to reimburse the City for the local match for the Low Income Housing Tax Credit Application since the original agreement required payment directly to CMC (see Attachment IV). FISCAL IMPACT: FY 2018-2019, Project Fund $567,500 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the Third Amendment to the Purchase & Development Agreement for the Ocean Breeze East Apartment Project (OBE)for execution by Board Chair subject to final legal review. ATTACHMENTS: Description D Attachment I -OBE Executed Purchase & Development Agreement and First Amendment D Attachment II - Executed ILA Attachment III -Second Amendment to the OBE Purchase and Development D Agreement D Attachment IV - Draft Third Amendment to the OBE Purchase and Development Agreement 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 OCEAN BREEZE EAST APARTMENTS 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 effected in order to reduce slum and blight and to enable the construction of an affordable new housing community as set forth herein (the "Project") on the site of the former housing project known as Ocean Breeze East. 2. PURCHASE PRICE AND PAYMENT. The Purchase Price for the Property shall be EIGHT HUNDRED THOUSAND 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. An Initial Deposit in the amount of TWENTY-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 by the Parties. The Initial Deposit shall be fully refundable to PURCHASER, if prior to the expiration of the Feasibility Period (as hereinafter defined), the PURCHASER advises SELLER in writing that it does not intend to complete the purchase of the Property. 3.1 Second Deposit. An additional deposit in the amount of TWENTY-FIVE THOUSAND AND 00/100 ($25,000.00), which together with the Initial Deposit shall be referred to as the "Deposit,"shall be deposited with the Escrow Agent, at the end of the Feasibility Period (as hereinafter described). The Deposit shall be non-refundable to PURCHASER, except upon (i) failure by SELLER to satisfy any conditions precedent to closing; or (ii) default by SELLER hereunder.. All interest accruing on the Deposit, if any, shall be credited to the Party entitled to retain the Deposit in the event of the cancellation or termination hereof.At closing,the Purchase Price shall be payable in cash, less the Deposit, and subject to prorations and adjustments set forth herein. 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. 00907724-2 T:DrvADevi\OBE\Centennial 5. CLOSING. The PURCHASER'S obligation to close on the purchase of the Property is contingent on the following: a) PURCHASER's submittal of a formal application for an allocation of 9% Low Income Housing Tax Credit's (LIHTC) from Florida Housing Finance Corporation (the "Allocation") prior to the last date of the applicable Florida Housing Request for Applications period ("RFA") which is estimated to be not later than December 28, 2017 (the "2017 Tax Credit Application Period"); b) Seller's delivery of marketable title to the Property to PURCHASER subject only to the Permitted Exceptions as set forth herein. 6. CLOSING DATE. PURCHASER shall make every reasonable effort to close on or before January 31, 2018, at such location to which the parties may mutually agree in writing. In the event closing is delayed for any reason, it is agreed that the Agreement shall terminate on June 30, 2018, if closing has not occurred. 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(as hereinafter defined),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 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. 00907724-2 I DrvADev]\OBE\Centennial 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 00907724-2 T:DrvADevi\0BE\Centennial those expressly provided herein to survive termination of this Agreement. Prior to the Closing, PURCHASER shall have the right to cause the Title Company to issue an updated Title Commitment ("Title Update")covering the Property. If any Title Update contains any conditions which did not appear in the Title Commitment, and such items render title unmarketable, PURCHASER shall have the right to object to such new or different conditions in writing prior to Closing. All rights and objections of the Parties with respect to objections arising from the Title Update shall be the same as objections to items appearing in the Title Commitment, subject to the provisions of this Section. 8.3 Survey Review. PURCHASER, at PURCHASER'S expense, may obtain a current boundary survey (the "Survey") of the Property, indicating the number of acres 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 actions, suits, proceedings or investigations pending or threatened against Seller or the Property affecting any portion of the Property, 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 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 009077242 T:DrODevROBE\Centennial 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. 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. 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 T:DrvA1)ev1\0BE\Centennia1 Closing: (i) disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a "marked-up" Title Commitment to PURCHASER, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. 11.4 Existing Mortgages and Other Liens. At Closing, SELLER shall obtain, or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments applicable to and encumbering the Property. 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. 12.4 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 PRIOR TO CLOSING. 13.1 PURCHASER'S Default Prior 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 00907724-2 T:Dry\Devi\OBE\Centennial expressly provided to survive the termination of this Agreement; provided, however, that PURCHASER shall also be responsible for the removal of any liens asserted against the Property by persons claiming by, through or under PURCHASER. 13.2 SELLER'S Default 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 which event PURCHASER's rights shall include the right to demand specific performance of the provisions of this Agreement. 13.3 Notice of Default Prior to Closing. Prior to declaring a default prior to closing and exercising the remedies described in this Section,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. 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 Executive Director, Michael Simon 710 N. Federal Highway Boynton Beach, Florida 33435 With a copy to: Kenneth Dodge, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 If to Purchaser: Ocean Breeze East Apartments LLC Attn.: Lewis Swezy 7735 NW 146 Street, Suite 306 Miami Lakes, FI 33016 00907728-2 T:Dry\Devi\OBE\Centennial With a copy to: James Hurchalla, Esq. 888 E Las Olas Blvd Fort Lauderdale, FL 33301 15. BINDING OBLIGATION/ASSIGNMENT. The terms and conditions of this Agreement are hereby made binding on, and shall inure to the benefit of, the successors and permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement without the prior written consent of PURCHASER,which shall not be unreasonably withheld. This Agreement may 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 an unaffiliated party shall be subject to the written approval of SELLER, which shall not be unreasonably withheld. 16. RISK OF LOSS. In the event the condition of the Property, or any part thereof, is materially altered by an act of God or other natural force beyond the control of SELLER, PURCHASER may elect, as its sole option, to terminate this Agreement and receive a refund of the Deposit and the parties shall have no further obligations under this agreement, or PURCHASER may accept the Property without any reduction in the value of the Property. In the event of the institution of any proceedings by any Governmental Authority which shall relate to the proposed taking of any portion of the Property by eminent domain prior to Closing, or in the event of the taking of any portion of the Property by eminent domain prior to Closing, SELLER shall promptly notify PURCHASER and PURCHASER shall thereafter have the right and option to terminate this Agreement by giving SELLER written notice of PURCHASER's election to terminate within fifteen (15) days after receipt by PURCHASER of the notice from SELLER. SELLER hereby agrees to furnish PURCHASER with written notice of a proposed condemnation within two (2) business days after SELLER's receipt of such notification. Should PURCHASER terminate this Agreement, the Deposit shall immediately be returned to PURCHASER and thereafter the Parties shall be released from their respective obligations and liabilities hereunder. Should PURCHASER elect not to terminate, the parties hereto shall proceed to Closing and SELLER shall assign all of its right, title and interest in all awards in connection with such taking to PURCHASER. 17. BROKER FEES. The Parties hereby confirm that neither of them has dealt with any broker in connection with the transaction contemplated by this Agreement. Each Party shall indemnify, defend and hold harmless the other Party from and against any and all claims, losses, damages, costs or expenses (including, without limitation, attorney's fees) of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by either Party or on its behalf with any broker or finder in connection with this Agreement. However, SELLER'S indemnification obligations shall not exceed the statutory limits provided within Section 768.28, Florida Statutes, and CRA does not otherwise waive its sovereign immunity rights. The provisions of this Section shall survive Closing or termination of this Agreement. 00997724-z T:Drv\Devi\OBE\Centennial 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. DEVELOPMENT AND SALE OF THE PROPERTY. SELLER and PURCHASER acknowledge that the Property is being sold to PURCHASER for the sole purpose of developing a multi-family affordable 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 or approval of the design to PURCHASER at its next regularly scheduled Board meeting after PURCHASER submits plans for approval. 19.2 REQUIRED PROJECT IMPROVEMENTS. 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 to create an 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. b) The Project will have a minimum of a 6' sidewalk constructed around the entirety of the Project. C) 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. 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 of the City's Land Development Regulations which will be installed 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 of the City's Land Development Regulations with landscape, hardscape and accent lighting features preferably located on N. Seacrest Boulevard or at the corner of N. Seacrest Boulevard and NE 7th Avenue. 00907724- T.Drv\Devi\OBETentennial h) The Project will include construction of a three (3) story, 100-123 unit affordable multi-family rental housing development, approximately 2,500 sq.ft. of flex 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 to prioritize 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 fairs or other employment opportunities within the community. Prior to and during the construction of the Project, the Developer shall: a) Hire a job placement consultant during the construction of the Project; b) Host a job fair; c) Give priority to Contractors that are Locally Owned Small Businesses to participate in the construction of the 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 a list of job positions and descriptions to a Community Outreach Partner and agree to give priority to qualified job applicants referred by the Community Outreach Partner to participate in the construction of the Project; f) Use Good Faith Efforts to offer permanent job positions resulting from the Project to qualified City residents; g) 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 h) Pay or cause to be paid new hires in all permanent post-construction positions residing within the City a minimum of the 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 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. 20. FUNDING OPTIONS. BUYER shall have the following options to obtain funding for the Project. 00907724-2 T:Dry\Devi\OBE\Centennial a) PURCHASER shall submit an application for 9% Low Income Housing Tax Credits (LIHTC) from Florida Housing Finance Corporation (FHFC) in the 2017 Tax Credit Application Period. a) If PURCHASER's application to FHFC during the 2017 Tax Credit Application Period is successful and 9% Tax Credits 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 9% Tax Credits are awarded through the 2017 Tax Credit Application Period,then SELLER shall,at its option, either: (i) instruct PURCHASER to apply to FHFC for a SAIL loan and/or 9% LIHTC funds through FHFC's 2018 RFA cycle ("20 .8 Tax Credit Application Period"); or (ii) instruct PURCHASER to 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, and SELLER shall provide Tax Increment Revenue (TIR)funding(TIR)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, SELLER 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 RFA 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) If Seller instructs PURCHASER to apply for 9% LIHTC in the 2018 Tax 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. If Seller instructs Purchaser to apply for both SAIL funds and 9% LIHTC in the 2018 Tax Credit Application Period, the development of the Project shall commence pursuant to FHFC underwriting schedule at the earliest of either SAIL funds or 9%Tax Credits being awarded to the PURCHASER for the Project. e) If PURCHASER is instructed to apply for SAIL funds and/or 9% LIHTC in 2018 and neither is successful, and no SAIL loan and no 9%Tax Credits are awarded to PURCHASER for the Project, the development of the Project shall commence pursuant to Section 21 and SELLER shall: i) Instruct PURCHASER to 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, and 009077242 T:Drv\Devi\OBE\Centennial 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 9% 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. 009077za-z T:Drv\Devi\OBE\Centennial C) 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 of this Agreement. d) If the Project is funded by TIR, PURCHASER shall obtain non-competitive Tax Excempt 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. Financing shall be obtained and documentation provided to the CRA within the time frame set forth in the HFA's and/or FHFC's credit underwriting procedures for the SAIL with bonds and the 4% LIHTC. e) 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. d) Temporary or permanent 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. g) 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. 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 of this Agreement. If 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 of this 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 to the purchase price for the Property pursuant to Section 20(b)above or any 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 reconveyed 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 described herein. To carry out the terms of this paragraph, PURCHASER shall execute a reverter agreement in the form set forth on Exhibit "B". 00907724-2 T:Drv\Devi\OBE\Centennial 24. RIGHT OF FIRST REFUSAL. In the event SELLER provides TIRF funds to PURCHASER for the Project under this Agreement, PURCHASER shall grant SELLER a Right of First 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 by delivering a copy of the contract or letter of intent to Seller ("Notice") pursuant to the Notice requirements of Section 14 above. (ii) 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 pursuant to the same terms and conditions as the Notice. (iii) If Seller fails to exercise or waive its right of first refusal in accordance with the terms and conditions stated herein, within ten (10) days after receipt of the Notice, then Seller's right of first refusal shall be deemed to have been waived. 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 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. 25.2 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. 00907724-2 T_Dry\Devi\OBE\Centennial 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 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. 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 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. 25.8 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. 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 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. 25.10 No Recording. This Agreement shall not be recorded in the Public Records of Palm Beach County, Florida. 00907724-2 T:DrvADevi\OBS\Centennial 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' 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. 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 00907724-2 T:DrvADevi\OBE\Centennial 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 REDEVELOPOENT GENCY we_ P Pripfed Names' �° <S - Printed Name:Steven B. Grant Title: Authorized Member Title: Chair Date: E r s ( Date: WITNESS: WITNESS: t::;t ) i I Printed Name: �`�`'` �� Printed ame: t WITNESS: WIT 5S: ter; Printed Name: �"�-�� `��°� � Printed Name: C Approved as to form and legal sufficiency: — "'77- 1 & CRA Attorney ooao7;za-> T D;v'Devl\0BE`.Centennial EXHIBIT"A„ LEGAL DESCRIPTION PARCEL 1: A portion of Block C of the Plat of BOYNTON HILLS, Boynton Beach, Palm Beach County, Florida, according to the Plat thereof, as recorded in Plat Book 4,at Page 51,of the Public Records of Palm Beach County, Florida, described as follows: Commence at the Northeast corner of Lot 147 of said Block C; thence South (assumed), along the East line of said Lot 147 a distance of 20.00 feet to the Point of Beginning;thence continue South, along the East line of said Block C, 228.36 feet to the Southeast corner of Lot 134 of said Block C; thence West, along the South line of said Lot 134, a distance of 100 feet to the East line of Lots 135 and 136 of said Block C; thence South, along said East line and the Southerly prolongation thereof, 189.19 feet to the centerline of Grand Circle "N", being a curve concave Southwesterly having a radius of 591.65 feet, (a line radial to said curve bears North 41' 04' 57" East); thence Northwesterly, along the arc of said curve 5.02 feet through a central angle of 0° 29' 11" to the intersection with the Northerly prolongation of the East line of Lot 129 of said Block C (a line radial to said curve at the said point of intersection bears North 40' 35' 46" East); thence South along the said Northerly prolongation of the East line of said Lot 129, a distance of 57.60 feet to the Southeast corner of said Lot 129; thence West, along the South line of said Lot 129 and the South line of said Lot 128 a distance of 150.00 feet to the West line of said Lot 128; thence North, along said West line 15.00 feet to the South line of Lots 127 and 126 of said Block C;thence West, along the said South line of Lots 127 and 126, a distance of 100.00 feet to the West line of said Lot 126; thence North, along said West line, 45.00 feet to the South line of Lots 124 and 123 of said Block C; thence West along said South line, 100.00 feet to the West line of said Lot 123; thence North along said West line and the Northerly prolongation thereof, 193.23 feet to the intersection with the Westerly prolongation of the South line of Lot 141 of said Block C; thence North 7643'35" East along said Westerly prolongation, 157.99 feet to the West line of said Lot 141; thence North, along said West line, 101.25 feet to the North line of said Lot 141; thence North 83' 17' 55" East, along the North line of Lots 141 and 142 of said Block C, a distance of 75.51 feet to a line 25 feet West of and parallel with the East line of Lot 150 of said Block C; thence North, along said parallel line 92.44 feet to the North line of Lots 150, 149, 148 and 147 of said Block C;thence East, along said North line 205.00 feet to the beginning of a curve concave Southwesterly having a radius of 20.00 feet and a central angle of 90' 00' 00"; thence Southeasterly along the arc of said curve, 31.42 feet to the Point of Beginning aforedescribed. and PARCEL 2: Lots 3 through 12 inclusive, in Block 1, 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 00907724-2 T:DrvADevi\OBE\Centennial PARCEL I and the South Half(S1/2) of the East Half(E1/2) of Lot 2 of Subdivision of the West Half (W1/2) of the Southeast Quarter (SEI/4) of Section 21, Township 45 South, Range 43 East, LESS the South 125 feet thereof; Less 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. 009077'4-z T:DrvADeVROBE\Centennial EXHIBIT REVERTER AGREEMENT This REVERTER AGREEMENT is dated as of this Z, `day of 2017, by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (the "SELLER") and OCEAN BREEZE EAST 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 Deed of even date herewith between the SELLER and PURCHASER. B. The PURCHASER has agreed to construct certain Improvements on the Property in accordance with the guidelines and criteria set forth in the Purchase and Development Agreement ("Agreement") executed by 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 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 Agreement. 2. In the event the Improvements are not timely completed (unless extended pursuant to the terms of the Agreement), the Property shall revert to and thereafter become fee simple real estate owned by the SELLER. Within 30 days of the written request of the SELLER,the PURCHASER will provide 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. 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 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 00884562-2 T`:Dj-v\Dev1\0BE;\Centennia1 1 the SELLER, the SELLER agrees to record a release of the reverter rights described herein, ThbAore9nnentshaUbebindinguponthepa|tiesher8ioandoh3|/ be binding upon and inure to the benefit oftheir 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 ofthe parties hereto. WITNESS the following signatures as of the year and date first above written. - PURCHASER: SELLER: OCEAN BREEZE EA5T�A K4 ^ BOYNTONBEACH COMMUNITY R �E;V 10P N7 Printed Name: Printed Namoe: Steven B. Grant Title: ~ /� Tide: Chairman Date: ' ~— Date: m8845a FIRST AMENDMENT TO PURCHASE AND DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO PUR�HASE AND DEVELOPMENT AGREEMENT (the "First Amendment") made as of 5"—, 2019 by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part 111, 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 or inthe 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 inthe approximate amount of $20,594,440 and construction debt financing for the Project in the approximate amount 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 to 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 NOW, 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. 4. on execution and delivery of the Loan Documents by the Purchaser and the Guaranty by 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 REDEVI 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 subdivii ' bate brida By: Name: ` ; Title: 0� � � First Amendment to Purchase and Development Agreement—Ocean Breeze East TN 'WITNESS WHEREOF, the parties have caused this First Amendment to be duly executed as of the date first written above. SELLER: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Name: Title: PURCHASER: OCEAN BREEZE EAST APARTMENTS LLC, a Florida limited liability company By: Ocean Breeze Man a r'1 IAC;"-acac=Florida limited lia4fl c an F iF i eager 771 13 Lew''; SN ezy, anagen —.1 w THE CITY OF BOYNTON BEACH, a political subdivision of the State of Florida By: Name: Title: First Amendment 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 WHEREOF, this iviortgage has been drily signed and sealed by the Borrower on or as of the clay and year first above written. OCEAN BREEZE EAST APARTPN E " LLC, a Florida limited liability compan 4ness Signature _ f�i.P / Z)/ t� 7I T ,,-— By: Ocean Breeze r a Flea-rida Name printd or typed limited 11a cot is 1 eager i it ss Si tore i S4 ;Manager £*lame printed or typed STATE OF FLORIDA COUNTY OF M� �l � *� The foregoing instrument was acknowledged before me this + day of MVP*16t%_ . , 2019, by Lewis V. Swezy, as manager of Ocean Breeze Manager LLC, a Florida limited liability company, (lie manager ofOce n Breeze East Apartments LLC, a Florida limited liability company, Nvho is persoi�a#ly oy a tie or-who has produced as identification ''"°"� Witness my hand and official seal the date aforesiq,/i q m PubicState Fkxicta Notary Public, State of Fl Vida at Large Notaty Richer'P raMrilig +� �C MY Comm"ion GG 3te C'214(K7 °# n €xpirea Cl7l15t20 Notary. Print or Type Name vty Commission Expires § 1 4839-3055-9657 r,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 to 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 perfonn 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 WHEREOF, this Note has been duly executed by Borrower as of the day and year first written above. OCEAN BREEZE EAST APARTNIE NTS LLC,a Florida limited liability company NVitness Siplature J e /e-ty By: Ocean Bree"a D'er UC---d-Florida ;aa Diger 1 t %nle print or typed limited Ai-41-y-eoni any, i afi -M, W1 Siture Y, Name printed or typed STATE OF FLORIDA COUNTY OF OAAff'Vj The foregoing instrUMC11t was acknowledged before me this day of IUVVIA4,— 2019, by Lewis V. Swezy, as manager of Ocean Breeze'Manager LLC, a Florida limited liability company, the manager t me 01, of Ocean Breeze East Apartments LLC,a Florida limited liability compa!'!y'-wpersonally� who has produced as identification. ;l10 is Witness my hand and official seal the date afores pt& NoUuy Public State 01 FWda Notary Public,State of'Flortda at Large i a Rie7hard P Grammig rplg ')0 No MY COMMU10n(30 321400 L%.,LrExplres 07115/2023 Lft(C UL4-m Notary:Print or Type Name MyCommission Expires 1 - I--1,73 Promissory Note and Loan Agreenient(City of Boynton Beach)--Ocean Breeze 3 4824-5364-0361 v.8 IN WITNESS WHEREOF,this Note has been duly executed by Lender as of the day and year first written above. w THE CITY OF BOYNTON BEACH, a political ..._ ,,� ...� �...... subdii the St 07F --- - Wrtness Si store Bye NamNa e pr` rated or typed Nam �� :; Title: �,,C ,A,`��. -�. ( 112f if ess Siguat` N e printed or typed 4 no STATE OF FLORIDA COUNTY OF jjaThe foregoing instrument was acknowledged before me this day of NO r 19,by as _. of ( 6 m e _ who is personally known to me or who has produced as identification. Witness my hand and official seal the date aforesaid, Not' a u tic, to of Florida at Large Notary: Print or Type Name My Commission Expires t 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 [SZGN4TURE 1'f1GETO GUAk1JVT)'0FC011PIETIONJ IN WITNESS WREREOF, Guarantor has caused this Guaranty to be duly exectzt�d aild ci�l(vered 6y its duly authorized official as of the 7th Clay of November 2Q l 9, GUARANTOR• t L IS V. Y �r i i 4827-4125-3249,x.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. j f OCEAN BREEZE EAST APARTMENTS LLC, o Print Name://p l 0-,, L,772-4 Florida limited liability company By: Ocean Breeze ll lana ler .-L-LLC - FloridaWitness: Y �� limited liability cyn any; ' ad Print Na By: Lei's ezy, i+ nage STATE OF FLORA COUNTY OF k r4-� -1%4-1L? The foregoing instrument was acknowledged before me this 6 day of � � 2019, by Lewis V. Swezy, as manager of Ocean Breeze Manager LLC, a Florida limited liability company, as manager of Ocean Breeze East Apartments LLC, a Florida limited liability company, who has produced as ide»tifeat ott as is petsonalfy fcn iun 1o.rne Notary Public Public Stats of Flaida P Gram�/migq•J�nPrint Name: .i O-WxTARicd7hia(d P m4sion GG 361400te6 0711512023 My Commission Expires: 7- M , 3 of 4 (-P (✓ Witness: BOYNTON BEACHCOMMUNITY Print Name ._q� ��..°" ` � I2EDEN' ; PSI By: Witness: �,. Title. � � � Print Name ' STATE OF FLORIDA COUNTY OF " The foregoing instrument was acknowledged before me this '3day of ? , 2019, by fb• C- , as C424-\- ` W tAftZDf Boynton Beach Community Redevelopment Agency, a public agency created pursuant to Ch=nall; 163 'art III, of orirlr� Statutes, who has produced __as identification or is 110 n to ie. live) Bennie �uicklien ?tary P NOTARY PUBLIC STATE OF FLORIDA Print Name: �iOh��t�; 1 c GG10&394 Expires 5/25/2021 My Commission Expires: 7 - 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 INTERLOCAL AGREEMENT BETWEEN CITY OF BOYNTON BEACH AND BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE FOR THE PAYMENT OF THE LOCAL GOVERNMENT CONTRIBUTION UNDER THE FLORIDA HOUSING FINANCE CORPORATION STATE APARTMENT LOAN PROGRAM FOR THE PROJECT KNOWN AS THE OCEAN BREEZE EAST PROJECT SITE TO BE DEVELOPED BY OCEAN BREEZE EAST APARTMENTS LLC, PURSUANT TO CHAPTER 420, PART V, SECTIONS 420.5093 - 420.5099, FLORIDA STATUTES, PROVIDING AN EFFECTIVE DATE. THIS AGREEMENT, made and entered into on the day of 2018 by and between: CITY OF BOYNTON BEACH, FLORIDA a Florida municipal corporation 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 (hereinafter referred to as"CITY") AND BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a Public Agency of the State of Florida 710 N. Federal Highway Boynton Beach,Florida 33435 (hereinafter referred to as"CRA") WITNESSETH: WHEREAS, CITY and CRA ("Parties") desire to encourage Affordable and Workforce Housing development within the City and the CRA; and WHEREAS,the CRA has determined that the provision of Affordable and Workforce Housing within the CRA furthers the CRA's purpose of eliminating slum and blight; and WHEREAS,the CRA has approved a financial contribution of five hundred sixty-seven thousand and five hundred dollars($567,500.00)in the form of a grant contribution ("Grant")to assist the developer, Ocean Breeze East Apartments LLC("Grantee"),in the development of certain properties located 700 N. Seacrest Boulevard in Boynton Beach, Florida, as described in Exhibit"A" attached hereto, and WHEREAS,the Parties desire to enter into an Interlocal Agreement("Agreement")for the City of Boynton Beach to pay the Grant, on behalf of the CRA, to the "Grantee," under the condition that the Grantee obtains award underwriting approval of a 9% Low Income Housing Tax Credit allocation from the Florida Housing Finance Corporation by June 30, 2018, and 00919723-1 Page 1 of 7 WHEREAS, CITY and CRA have determined that it is mutually beneficial and in the best interests of its citizens and residents to enter into this Agreement; and WHEREAS, Part I of Chapter 163, Florida Statutes, as amended (the "Florida Interlocal Cooperation Act"),permits the Parties,as public agencies under the Interlocal Cooperation Act,to enter into interlocal agreements with each other to authorize one public agency to exercise, on behalf of the other public agency,jointly held powers,privileges or authorities which each such public agency shares in common and which each might exercise separately,permitting the public agencies to make the most efficient use of their power by enabling them to cooperate on a basis of mutual advantage and thereby provide services and facilities in a manner and pursuant to forms of governmental organization that accords best with geography, economy, population and other factors influencing the needs and development of such public agencies; and WHEREAS, this Interlocal Agreement will become effective upon filing with the Clerk of the Court in the Fifteenth Judicial Circuit in accordance with the provisions of the Interlocal Cooperation Act; and WHEREAS,CITY hereby represents to CRA that it has the authority,pursuant to the Interlocal Cooperation Act, to execute any and all documents necessary to effectuate and to implement the terms of this Agreement; and WHEREAS,CRA hereby represents to CITY that it has the authority,pursuant to the Interlocal Cooperation Act,to execute any and all documents necessary to effectuate and to implement the terms of this Agreement; and NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreements hereinafter set forth, the Parties hereto agree as follows: Section 2. RECITALS 1.01 The above recitals are true and correct and are incorporated herein. Section 2. TERM OF AGREEMENT 2.01 This Agreement shall be effective upon the approval of both parties and upon filing with the Clerk of the Court in the Fifteenth Judicial Circuit and shall terminate upon the earlier of the following: 1) the CRA reimbursing the CITY for final payment of the Grant of five hundred sixty-seven thousand and five hundred dollars ($567,500.00) to Grantee consistent with the terms of this Agreement; or 2)the failure of Grantee to obtain award underwriting approval of a 9%Low Income Housing Tax Credit from Florida Housing Finance Corporation by June 30, 2018. Section 3. DUTIES AND RESPONSIBILITIES OF THE PARTIES 3.01 The Parties agree that per Resolution No. , the Grant shall be paid by the CITY to Grantee on behalf of the CRA. The Parties agree further that the CRA will reimburse the CITY for the payment of said Grant, within 30 days of CITY's notice of making payment. Payment shall be made to Grantee upon: 1) Grantee providing evidence that they have been awarded a nine percent(9%)low income tax 00919723-1 Page 2 of 7 credit from the Florida Housing Finance Corporation; and 2) a real estate closing for the sale of the project properties located at 700 N. Seacrest Boulevard in Boynton Beach,Florida, as described in Exhibit"A." Section 5. RECORDS 5.01 CRA and CITY shall each maintain their own respective records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each party shall have access to the other party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and for at least three (3) years after completion of the development of the on the Ocean Breeze East project site located at 700 N. Seacrest Boulevard in Boynton Beach, Florida, as described in Exhibit"A." Section 6. ASSIGNMENT 6.01 The respective obligations of the parties shall not be assigned, in whole or in part, without the written consent of the other party. Section 7. DEFAULT 7.02 If either party fails to perform or observe any of the material terms and conditions of this Agreement for a period of ten (10) calendar days after receipt of written notice of such default from the other party,the non-defaulting party may terminate this Agreement. Failure of any party to exercise its right in the event of any breach by the other party shall not constitute a waiver of such rights.No party shall be deemed to have waived any failure to perform by the other party unless such waiver is in writing and signed by the other party. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any party to seek a legal remedy for any breach of the other party as may be available to it in law or equity. Section 8. COMPLIANCE WITH LAWS 8.01 CITY and CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. 00919723-I Page 3 of 7 Section 9. VENUE 9.01 Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida. Section 10. GOVERNING LAW 10.01 The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Section 11. ENTIRE AGREEMENT 11.01 This Agreement contains the entire understanding of the parties relating to the subject matter hereof superseding all prior communications between the parties whether oral or written, and this Agreement may not be altered, amended, modified or otherwise changed nor may any of the terms hereof be waived,except by a written instrument executed by both parties.The failure of a party to seek redress for violation of or to insist on strict perfonnance of any of the covenants of this Agreement shall not be construed as a waiver or relinquishment for the future of any covenant,term,condition or election but the same shall continue and remain in full force and effect. Section 12. SEVERABILITY 12.01 Should any part, tern or provision of this Agreement be by the courts decided to be illegal or in conflict with any law of the State, the validity of the remaining portions or provisions shall not be affected thereby so long as the Parties'rights and obligations contained in this Agreement are not materially prejudiced and the intentions of the Parties can continue to be achieved. Section 13.NOTICES 13.01 Whenever either party desires to give notice to the other, such notice must be in writing and sent by United States mail,return receipt requested,courier,evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph.For the present,the parties designate the following as the respective places for giving of notice. CITY: Lori LaVerriere, City Manager City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach,FL 33435 00919723-1 Page 4 of 7 CRA: Michael Simon, Executive Director Boynton Beach CRA 710 N.Federal Highway Boynton Beach, Florida 33435 Copies To: James A. Cherof Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Tara Duhy, Esquire Lewis, Longman& Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach,Florida 33401 Section 14. INTERPRETATION 14.01 This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK 009 197-23-1 Page 5 of 7 IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY have caused these presents to be executed in their respective names by the proper officials the day and year first above written. CITY OF BOYNTON BEACH a municipal corporation organized and existing under the laws of the State of Florida By: Steven Grant, Mayor ATTEST: City Clerk Approved as to form: City Attorney BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY a public agency organized and existin n laws of the State of F rid By: � even Grant, Chair Approved as to form: CRA Attorney 009197233-1 Page 6 of 7 EXHIBIT " " 00919723-i Page 7 of 7 EXHIBIT "A" LEGAL DESCRIPTION Lots 3 through 12 inclusive, in Block 1, 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 Half(S1/2) of the East Half(E1/2) of Lot 2 of Subdivision of the West Half(W1/2) of the Southeast Quarter (SEI/4) of Section 21, Township 45 South, Range 43 East, LESS the South 125 feet thereof; Less 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. SECOND AMENDMENT TO PURCHASE AND DEVELOPMENT AGREEMENT THIS SECOND AMENDMENT TO PURCHASE AND DEVELOPMENT AGREEMENT (the "Second Amendment") made as of March _, 2022, by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part II1, of the Florida Statutes(the "Seller"), and OCEAN BREEZE EAST APARTMENTS, LLC, a Florida limited liability company (the "Purchaser"). Hereinafter the "Purchaser" and the "Seller", shall be collectively referred to as "the"Parties." WHEREAS, the Parties entered into that certain Purchase and Development Agreement dated effective as of December 15, 2017 ("PDA"); WHEREAS, pursuant to the PDA, the Parties closed on the purchase and sale of the Property and recorded that certain Warranty Deed on March 2, 2018; and WHEREAS, on November 5, 2019, the Parties executed the First Amended PDA; and WHEREAS, the Parties desire to further amend certain terms and conditions of the PDA as more particularly described below. NOW,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. Incorporation. The above recitals are hereby incorporated herein as if fully set forth. 2. Amendment. Section 19.2(h) of the PDA is hereby stricken and replaced with the following: (h) The Project will include construction of a three(3)story, 100-123 unit affordable multi- family rental housing development,with flex space for use as community space,which shall be provided to the Seller for said use rent free, and be constructed in accordance with the site plan. 1. Purchaser shall utilize Ocean Breeze East general contractor and design professionals(architect and sub-consultants mechanical/electrical/plumbing consultants, etc.) to prepare design drawings to meet all applicable codes in order to obtain a building permit for the flex space buildout. 2. Seller shall have the right to approve all design aspects of the flex space buildout. 3. The flex space buildout shall at a minimum consist of finished walls, ceilings, floors, electrical/mechanical/plumbing/fire protection systems, plumbing fixtures, interior and exterior lighting fixtures, interior doors, low voltage, and, phone and data equipment. 4. The flex space buildout shall include restroom(s) and a storage area. 01352621-2 5. The total cost of the flex office space, including labor and materials, shall not exceed One Hundred Thousand Dollars ($115,000), including design fees. Purchaser shall be responsible for $50,000 and Seller shall be responsible for$65,000 of the total cost. 6. Seller shall reimburse Purchaser for the flex space buildout. Purchaser shall submit an itemized statement of Purchaser's expenses associated with the flex space buildout upon completion. Seller will reimburse Purchaser within 30 days after receipt of a complete reimbursement request. 7. The Parties will work together to market the availability of the flex space if it will not be used by the Seller or the City of Boynton Beach. Final selection of the tenant shall be determined by the Purchaser and Lender. 8. In the event that the CRA sunsets, the City of Boynton Beach shall be permitted to utilize flex space under the same terms and conditions as the Seller. 3. General. Except as expressly set forth in this Second Amendment, the PDA is unmodified and remains in full force and effect, and is hereby ratified and confirmed by the Parties. This Second Amendment may be executed in a number of counterparts, 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 PDA and this Second Amendment, this Second Amendment shall control. [Remainder of this page intentionally left blank] 01352621-2 WITNESSES OCEAN BREEZE EAST APARTMENTS ....... —--—-------------- By: Print Name: Print Name: Title: Date: Print Name: WITNESSES BOYNTON BEACH COMMUNITY RED P�MMENII GENCY By: Print Name: Vj Lt��,n, Print Name: "Xi Title: Date: ................- Print Name: 01352621-2 THIRD AMENDMENT TO PURCHASE AND DEVELOPMENT AGREEMENT THIS THIRD AMENDMENT TO PURCHASE AND DEVELOPMENT AGREEMENT (the "Third Amendment") made as of , 2022, by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part IH, of the Florida Statutes (the "Seller"), and OCEAN BREEZE EAST APARTMENTS, LLC, a Florida limited liability company (the "Purchaser"). Hereinafter the "Purchaser" and the "Seller", shall be collectively referred to as "the "Parties." WHEREAS, the Parties entered into that certain Purchase and Development Agreement dated effective as of December 15, 2017 ("PDA"); WHEREAS, pursuant to the PDA, the Parties closed on the purchase and sale of the Property and recorded that certain Warranty Deed on March 2, 2018; and WHEREAS, on November 5, 2019,the Parties executed the First Amendment to the PDA, which acknowledged the City of Boynton Beach ("City") and Purchaser had entered into a loan to secure the Local Government Contribution described in the PDA; and WHEREAS, on ,the Parties executed the Second Amendment to the PDA; and WHEREAS, the City of Boynton Beach ("City") provided the Local Government Contribution to Purchaser in the amount of $567,500 through a Promissory Note and Loan Agreement between the City and Ocean Breeze East Apartments LLC ("Loan"), secured by a mortgage ("Mortgage"), copies of which Loan and Mortgage are attached hereto as Composite Exhibit A; and WHEREAS, the CRA intends to reimburse the City in the amount of $567,500 in fulfillment of the CRA's obligations in Section 20(g) the PDA, and in exchange for the City's forgiveness and release of the Loan and Mortgage; and WHEREAS, the Parties desire to further amend certain terms and conditions of the PDA to reflect these transactions, as more particularly described below; NOW, 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. Incorporation. The above recitals are hereby incorporated herein as if fully set forth. 2. Amendment Style. Amendments to the Agreement are shown as follows: additions are shown in underlined format; deletions are shown in strikethrough format 3. Amendment. Section 20.(g) of the PDA is hereby amended as follows: 01633349-1 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 ��_..aa �� 1 rn�l��Fzcard of e4her- SAIL TTor-91% T TUTG f ads toDT T�SEiRfor-�he . 4. General. Except as expressly set forth in this Second Amendment, the PDA is unmodified and remains in full force and effect, and is hereby ratified and confirmed by the Parties. This Second Amendment may be executed in a number of counterparts, 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 PDA and this Second Amendment, this Second Amendment shall control. [Remainder of this page intentionally left blank] 01633349-1 WITNESSES OCEAN BREEZE EAST APARTMENTS, LLC By: Print Name: Print Name: Title: Date: Print Name: WITNESSES BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Print Name: Print Name: Title: Date: Print Name: 01633349-1 BOYNTO immiBEACH C d CRA BOARD M EETING OF: April 12, 2022 OLD BUSINESS AGENDAITEM: 16.E. SUBJECT: Consideration of Approval of 500 Ocean Performance Audit for Year Ending December 31, 2021, for Compliance with the Direct Incentive Funding Agreement SUMMARY: The CRA entered into a Direct Incentive Funding Agreement (DIFA) with LeCesse Development Corp d/b/a Skye at Boynton Beach LLC on May 27, 2015, to provide financial assistance to the redevelopment project known as 500 Ocean in the form of Tax Increment Revenue reimbursement on their annually paid property taxes (see Attachment 1). The CRA's DI FA funding incentive was intended to provide the developer with additional funding to assist with the costs associated with carrying the commercial space created within the development. Under the agreement, the D I FA funding term specifies a total of ten (10) annual reimbursement payments over a period of ten consecutive years as follows: Years 1-4: 75%, Years 5-7: 50%, and Years 8-10: 25%. In June 2021, an Estoppel Certificate was made to Avanti Residential - 500 Ocean TIC I LLC in connection with Avanti's acquisition of the property from Seller, LeCesse Development Corp d/b/a Skye at Boynton Beach, LLC (see Attachment I I). As required under the terms of the DI FA, on March 28, 2022, Avanti Residential-500 Ocean TIC I LLC submitted a Performance Audit and proof of property tax payment for the year ending December 31, 2021. Based on the City of Boynton Beach Building Department and CRA staff's review, the Performance Audit is in compliance with the terms of the DI FA, the Developer is required to perform (Attachments III and IV). The amount of Tax Increment Revenue generated from the 500 Ocean project and the amount reimbursed to the Developer will be $464,617 (see Attachment V). If approved by the Board, the CRA will be issuing DI FA payment number three (3) in the amount of $464,617 for FY 2021-2022. FISCAL IMPACT: FY 2021 -2022 Budget, Project Fund, Line Item 02-58400-443, $464,617 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan - Downtown District CRA BOARD OPTIONS: Approve the Performance Audit as submitted and authorize release of DIFA payment number three (3) in the amount of$464,617 to Avanti Residential-500 Ocean TIC I LLC. ATTACHMENTS: Description D Attachment I -Direct Incentive Funding Agreement D Attachment II - Estoppel Certificate D Attachment III - Requirements for DIFA D Attachment IV - Proof of tax payment D Attachment V -2021 Incentive Calculation 500 Ocean DHtECT INCENTIVE FUNDING AGREEME NT This is an agreement (hereinafter "Agreemenf') entered into as of the day of 12015,by and between: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III of the Florida Statutes, (hereinafter referred to as"CRA"),with a business address of 710 North Federal Highway,Boynton Beach,Florida 33435. and SKYE AT BOYNTON BEACH, LLC,, a Florida limited liability company, with a business address of 1201 Ponce de Leon Blvd. Coral Gables, Florida 33134 (hereinafter collectively referred to as the"Developer"). RECITALS: WHEREAS, the CRA has determined that entering into public/private partnerships for the purpose of eliminating slum and blight, encouraging economic development, creating affordable housing and other goals within the adopted CRA plan is beneficial to the public; and WHEREAS,this Agreement pertains to Direct Incentive funding for the 500 Ocean Project, City File No. NWSP 14-002, (hereinafter the"Project") located on property described on Exhibit "A" within the CRA boundaries(hereinafter the"Property"); and WHEREAS, the CRA has determined that the Project is advancing the goals of the CRA plan by meeting the ICC 700-2012 National Green Building Standard Silver and by adding 6,600 sq. ft. of office space; and WHEREAS, at the October 14, 2014 meeting, the CRA Board of Directors (hereinafter "CRA Board"), by appropriate action, made the Project eligible for a percentage of the Tax Increment revenue pursuant to this Direct Incentive Funding Agreement(hereinafter"Agreement");and WHEREAS, this Direct Incentive Funding Agreement is not intended to be a "Development Agreement"within the meaning of Florida Statutes, Section 163.3221; and WHEREAS, the CRA Board approved this Agreement to its form at its November 12, 2014 meeting; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration,the receipt of which is hereby acknowledged, it is agreed herein between the parties as follows: Section 1. Recitals. The foregoing recitals are true and correct and incorporated herein. Section 2. Definitions. As used in this Agreement, the following terms shall have the following meanings: OD418021-4 Page 1 of 17 "Agreement" means this Direct Incentive Funding Agreement and all Exhibits and attachments hereto, as any of the same may hereafter be amended from time to time. "Base Value" means the assessed value of the Property as determined by the Palm Beach County Property Appraiser prior to construction of the improvements as reflected in Exhibit"B"attached hereto. "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 applicable City of Boynton Beach Building and Zoning Code requirements and that the same may be used for the purposes stated therein. "Certification"means National Green Building Certification issued by the National Association of Home Builders Research Center to developments that meet the criteria of the ICC 700-2012 National Green Building Standard. "City"means the City of Boynton Beach,Florida. "Commence Construction" or "Commencement of Construction" means the issuance by the City of the permit required for the commencement of vertical construction and the actual commencement of such vertical construction pursuant to and in accordance with such permit. "Construction Loan Documents" means the documents evidencing financing of the construction of the Project. "Direct Incentive Funding" means an annual amount which equals the Pledged Project Increment Revenues less any amounts deducted pursuant to the terms of Section 5 above due to the failure of the Developer to comply with the terms of this Agreement. "Designer's Report" means a report to be submitted to the CRA by Developer outlining all of the elements of the Project to be constructed to obtain the Silver Rating National Green Building Standard as more fully described in Exhibit"C." "Developer" means SKYE AT BOYNTON BEACH, LLC, as described in the attached Exhibit"G". "Electric Vehicle or EV Charging Station" means an electric recharging point, charging point and the EVSE (Electric Vehicle Supply Equipment), that supplies electric energy for the recharging of electric vehicles or plug-in hybrid electric-gasoline vehicles. "Silver Rating National Green Building Standard"the standard of the National Association of Home Builders' (NAHB) Green Building Program based upon American National Standard Institute approved ICC 700-2012 National Green Building Standard. The Standard defines green building for single- and multifamily homes, residential remodeling projects, and site development projects while still allowing for the flexibility required for regionally-appropriate best green practices. To comply with the Standard, a builder or remodeler must incorporate a minimum number of features in the following areas: lot and site development; energy, water, and resource efficiency; indoor environmental quality; and home owner education. The Silver Rating requires 349 Performance Points, 00418021A Page 2 of 17 "Office Space" means the 6,600 sq. ft. of office space to be constructed as part of the Project as depicted on the site approved site plan City File No.NWSP 14-002, which is attached hereto as Exhibit 66E9" "Pledged Project Increment Revenues" means the variable disbursement of revenue to the Developer that equate to a percentage of the Project Increment Revenues as set forth in Section 6 of this Agreement. The example of the Pledged Project Increment Revenues calculated over the term of the Agreement is shown in Exhibit"W'. "Project" means that certain land development project currently referred to as 500 Ocean, City File No.NWSP 14-002, attached hereto as Exhibit"E" located on property finther described on Exhibit "A"within the CRA boundaries. "Project Increment Revenues" means the amount deposited in the Redevelopment Trust Fund for the Redevelopment Area pursuant to Florida Statutes, Section 163.387, which is attributable to the Project. "Property"means the real property described on Exhibit"A." "Redevelopment Area"means those areas within the limits of the City which have been declared blighted and established by the City in accordance with the provisions of Florida Statutes, Chapter 163, Part M. "Redevelopment Trust Fund" means the trust fund established pursuant to Section 163.387, Florida Statutes for the deposit of increment revenues attributable to development within the Redevelopment Area. "Retail Space"means the approximately 13,300 sq. ft. of retail space to be constructed as part of the Project. "Site Plan"means the site plan for the Project approved by the City of Boynton Beach on July 1, 2014,a copy of which is attached hereto as Exhibit"E." "Systems Audit" means a review performed by an independent auditor approved by the CRA and paid for by Developer of the Project according to the 2012 ICC-700 National Green Building checklist including original inspections and certification of the residential units to confirm ongoing compliance with the standards, subsequent blower door testing to confirm compliance with original testing. (Exhibit-F-) "Substantial Completion" or "Substantially Complete" means the completion of 90% of the Project's units,as evidenced by issuance of certificates of occupancy for such units. "Successor or Assignee" means a subsequent owner of the Project, as approved of by the CRA pursuant to this agreement,other than the original Developer, SKYE AT BOYNTON BEACH,LLC. "Tax Collector"means the duly elected tax collector for Palm Beach County,Florida. "Tax Roll" means the real property ad valorem assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. "Unit"means a single residential dwelling within the Project. ooc=14 Page 3 of 17 "Unit Type" means Al, Bl, Cl, C2, C3, and D1 designation based on the unit floor plan approved in the Site Plan. Section 3. Effective Date. This Agreement shall be effective as of the date of the execution of the Construction Loan Documents for the Project as evidenced by the submission by Developer of copies of same to the CRA. Section 4. Developer's Pblilations—Construction of the P ct. 44®1 As part of the Project, Developer agrees to construct the units for the Project as described in the Site Plan and to obtain the Silver Rating National Green Building Standard. The Site Plan may be modified from time to time by Developer in accordance with and pursuant to the Code of Ordinances of the City of Boynton Beach provided that the Developer shall not have the right to reduce the number of residential units, reduce the energy efficiency of the units, eliminate the EV Charging Stations or to make any other change which would substantially reduce the taxable value of the Project without the prior approval of the CRA. "Substantially" as used in this Section means any change that would require a major Site Plan Modification from the City of Boynton Beach. 4.2 As part of the Project, Developer agrees to construct the 6,600 sq. ft. of office space as reflected in City File NWSP 14-002,attached hereto as Exhibit"E." 44®3 Convicted Vendor List. As provided in F.S. 287.132-133, by entering into this Agreement or performing any work in furtherance hereof, Developer certifies that it, and all of its affiliates, contractors, sub-contractors and/or agents who perform any work on the Project, have not been placed on the Convicted Vendor List maintained by the State of Florida Department of Management Services within thirty-six(36)months immediately preceding the Effective Date. Section 5. Certification Reguirements. The Project has been modeled to attain the Silver Rating National Green Building Standard. As a condition precedent to its receipt of any funds pursuant to this Agreement, the Developer shall provide evidence that the all units, once constructed have received a Silver Rating National Green Building Standard using third party verification. The Developer shall provide third party verification that the constructed units comply with the standards for the Silver Rating National Green Building Standard for the duration of Direct Incentive Funding Agreement. Implementation of this Certification requirement shall be as follows: 5.1 -Certification and 0copant Education. 5.1.1 Silver Ptating Standard. Developer shall conform to the Designer's Report attached hereto as Exhibit "C" outlining components of the Project necessary for compliance to receive a Silver Rating ICC-700 National Green Building 2012 Standard. This will require a level of Silver for each section inclusive of 75 "Additional Points"available under the program. Certification that this standard has been met will be accomplished at the Developer's expense through the National Association of Home Builders Resource Center as overseer of the program. 5.1.2 Initial Certification. The Developer will provide evidence of Certification meeting the Silver Rating National Green Building Standard based on two inspections for each apartment including a pre-drywall and final inspection. A detailed checklist will be created and all the components and practices will be listed to show individual unit compliance with the Silver Rating National Green Building Standard. The checklists and reports shall be submitted to the City's Development Services Department within fifteen(15)days of completion of the inspection of the Project. 00418021-4 Page 4 of 17 Rol • 61 S, •r. 5.3.2 The examinations and opinions included in the systems audit required under this Section must be conducted in accordance with the definition of systems auditing contained in Section 2 of this Agreement. 5-3-3 The Developer shall provide the Systems Audit Report to the City's Development Services Department on an annual basis,beginning April 30th in the year in which funding begins pursuant Section 6.2 and no later than April 30th of each year thereafter for duration of this Agreement indicating the units' compliance with the Silver Rating of the National Green Building Standard. Each annual performance audit must be submitted to the City's Development Services Department no later than the last day of April for the preceding year. The City shall either accept the audit as sufficient or make the determination that the audit and/or documentation for the audit are deficient, and shall so notify the CRA in writing, within twenty (20) days of receipt of Systems Audit Report. In the event of notification of deficiencies by the City to the CRA, the CRA shall notify the Developer of such deficiencies and distribution of Direct Incentive funding shall be suspended until resolution of the deficiencies. If deficiencies are not resolved to the CRA's satisfaction and a sufficient Systems Audit Report is not submitted to the CRA within 90 days of receipt of notice by the CRA that the submitted Systems Audit Report is deficient, the Developer shall be in breach of this Agreement and the CRA may pursue all remedies available to it under this Agreement and at law and in equity. 5.3.4 Disbursement of Direct Incentive Funding shall occur upon (1) the CRA's acceptance of a properly documented and sufficient Systems Audit Report by the CRA Board demonstrating compliance with the provisions of this Agreement, (2) final certification of tax assessments within the CRA District by the Palm. Beach County Property Appraiser for the preceding year, and (3) documents evidencing payment by the Developer of all ad valorem taxes for the preceding year. 5®4 Inspection, Upon providing Developer ten (10) business days prior written notice at any time during normal business hours and as often as the CRA deems necessary the Developer shall make available to the CRA for examination, all of its records pertaining to the Systems Audits of the units at Developer's office with respect to all matters covered by this Agreement. The CRA reserves the right to require copies of such records and/or to conduct an inspection of the Developer's records regarding this Agreement at any time for any period covered by this Agreement,all at the CRA's cost and expense. Any delay in the production of documents requested by the CRA shall toll the CRA's time for review of a request for distribution of funds. 5®5 Non-Compliance. In any year in which the Systems Audit Report discloses that Developer is in non-compliance in any material respect with the requirements of the Silver Rating National Green Building Standard, the Developer may be deemed in default of this Agreement and after the exhaustion of all opportunities to Cure the Default available to Developer as set forth in Section 8, the CRA will be entitled to all appropriate remedies at law and equity, including but not limited to the remedies set forth in Section 8 below and the CRA, may cease making any further the Direct Incentive Funding to the Developer. Exceeding the agreed upon requirements of the Gold Rating National Green Building Standard in any given subject year shall not entitle the Developer to additional funding under this Agreement or to a credit or set-off against any reduction in funds due to failure to meet the Gold Rating National Green Building Standard hereunder. Section 6. Direct Incentive Funding. The Direct incentive Funding provided for under this Agreement is granted to the Developer for the purpose of offsetting, in part, the Developer's cost of creating and maintaining the energy efficiency improvements, including the improvements necessary to attain the Silver Rating National Green Building Standard and of constructing the 6,600 sq. ft. of office space within the Project. W419021A Page 6 of 17 G®1 Direct Incentive Fun Formula and Term. The CRA hereby agrees to provide Direct Incentive Funding, that is, to pledge and assign to Developer pursuant to the terms of this Agreement for a period of ten(10) consecutive years, as provided herein, an annual amount which equals the Pledged Project Increment Revenues less any amounts deducted pursuant to the terms of Section 5 above due to the failure of the Developer to comply with the terms of this Agreement. No Direct Incentive Funding payments shall be made if the Developer is in default under the terms of this agreement and Developer has failed to sufficiently cure the default as provided herein. The amount of the Direct Incentive Funding is based on the following formula: Project Increment Revenue times the agreed upon percentage factor paid to Developer each year for a ten year period. The CRA has agreed to pay the Developer the following annual percentage factors: Years One—Four: Seventy-Five Percent of the Pledged Project Increment Revenues Years Five—Seven: Fifty Percent of the Pledged Project Increment Revenues Years Eight—Ten: Twenty-Five Percent of the Pledged Project Increment Revenues 6®2 Commencement and Conditions of Funding. The ten (10) year to for the payment of Direct Incentive Funding to Developer by the CRA shall commence on the last day of year that the following conditions are met: A. The 6,600 square feet of Class A Office Space is at a minimum shell complete and all phases of the Project have received either a Certificate of Completion or Certificate of Use from the City of Boynton Beach; B. All phases including the residential, office and retail portions of the Project have been placed on the Tax Roll; C. The CRA has received Project Increment Revenues from all phases of the Project; D. The Systems Audit Report is received and found to be sufficient by the City and CRA. and E. Developer is in compliance with the terms of this Agreement F. Proof of installation and ongoing efficiency of the three (3) EV charging stations 6.3 Disbursement of Funds. Subject to the CRA finding that the conditions in Section 6.2 have been meet and determining that the Developer is not in breach of the terms of this Agreement, the CRA shall begin annual disbursement of the Direct Incentive Funding upon(1)the CRA Board's acceptance of a sufficient annual Systems Audit Report, (2) final certification of tax assessments within the CRA District by the Palm Beach County Property Appraiser for the preceding year, and (3) documents evidencing payment by the Developer of ad valorem taxes for the preceding year. 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. 6.4 No Prior Pledge,of Pledged PLo ject]Increment Revenues. The CRA wan-ants and represents that the Pledged Project Increment Revenues are not the subject of any prior pledge by the DD4190214 Page 7 of 17 CRA and-agrees that such revenues shall not be assigned, pledged, hypothecated or secured by the CRA for the period covered by term of this Agreement. ® Subordination. Any pledge of Pledged Project Increment Revenue pursuant to this Agreement is subordinate to the pledge of the tax increment revenue given to secure the CRA's Tax Increment Revenue Bonds pursuant to Resolution No. 04-04, adopted December 6,2004,as amended and supplemented. Section 7. Restrictive Covenant. Upon completion of the Project and prior to the issuance of final Certificates of Occupancy by the City, the Developer shall prepare a Restrictive Covenant Agreement meeting the requirements outlined in this Agreement. The Restrictive Covenants shall be approved by the CRA which approval shall not be unreasonably withheld or delayed or conditioned. The Restrictive Covenant Agreement shall be recorded and shall contain restrictive covenants including, at least,the following terms: 7.1 Restrictive Covenants. The restrictive covenants governing Certification shall include the following: 7.1.1 All Units shall be certified to achieve the Silver Rating National Green Building Standard and no restrictions shall be adopted which prohibit or limit the ability to achieve or maintain said standard, The Restrictive Covenants shall also provide that three EV Charging Stations shall also be placed on site and maintained as reflected on Exhibit"E"; 7.1.2 Reference to the Occupant Manuals and availability of Training regarding the green attributes of each unit and the Project as required above in Section 5; 7.1.3 The Restrictive Covenants shall terminate at such time as this Agreement terminates as provided herein, including but not limited to Sections 4 and 8; 7.1.4 The Restrictive Covenants shall reference the required annual Systems Audit set forth in Section 5 above and provide the CRA the right to access the units during normal business hours after providing reasonable notice to be audited for the duration of this Agreement. Section S. Limitation on the Assignment of Project Ownership. Assignment of the Project ownership to any other entity or personnel, including those listed on the Florida Department of State Division of Corporations Annual Report filed April 24, 2014 as evidenced in Exhibit prior to the issuance of the Certificate of Occupancy for the entirety of the Project shall make this Agreement null and void. In this event,the CRA shall not be liable for payment of any of the Direct Incentive Funding under the terms of this Agreement. Notwithstanding the foregoing, assignment of ownership pursuant to the exercise of foreclosure by Developers mortgagee shall be permitted. Section 9. Events of Default,Remedies and Termination. 9®1 Default.' Upon the occurrence of any one or more of the following events, the CRA may, at its sole discretion,terminate this Agreement and any and all Direct Incentive Funding under this Agreement upon occurrence of any one or more of the following events of default. The CRA may, at its sole option,continue to make payments or portions of payments after the occurrence of one or more of such events without waiving the right to exercise such remedies and without incurring liability for further payment.The following shall constitute events of default: 00418021-4 Page 8 of 17 2.1.1 Any inaccurate, incomplete, false or misleading statements made by Developer or its agents or representatives to the CRA with regard to the negotiation, drafting and representations in this Agreement or any associated Direct Incentive Program Applications or documents; 9.1.2 Prior to the issuance of the Certificate of Occupancy for the entire Project, if SKYE AT BOYNTON BEACH, LLC, the Developer, is vacated, abandoned, or closed or otherwise ceases to exist except for a permitted assignment or transfer of such limited liability entity;. 9.1.3 Any breach by or failure of the Developer to observe or perform any of the terms, covenants, conditions,obligations, or provisions of this Agreement in any material respect and the Developer's failure to cure the same for a period exceeding thirty (90) days after receipt of written notice from the CRA of the breach of failure to perform. If the CRA determines that the nature of Developer's default is such that more than ninety (90) days are reasonably required for its cure, then Developer shall not be deemed to be in default if Developer commenced such cure within said 90-day period and thereafter diligently pursues such cure to completion; 9.1.4 The making by Developer of any general assignment, or general arrangement for the benefit of creditors; 9.1.5 The filing by or against Developer of a petition to have the Developer adjudged bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy unless, in the case of a petition filed against the Developer, the same is not dismissed within one hundred twenty(120)days; 9.1.6 Appointment of a trustee or receiver to take possession of substantially all of Developer's assets,where possession is not restored to Developer within one hundred twenty(120) days; 9.1.7 The attachment, execution or other judicial seizure of substantially all of Developer's assets where such seizure is not discharged within one hundred twenty(120)days; 9.1.8 Should the Site Plan, building or any other necessary permit expire at any time, and should Developer fail to apply for a renewal or extension within sixty (60) days of the expiration of the permit or Site Plan, then this Agreement shall terminate and be of no further force and effect. 9.1.9 Should the Developer modify the Site Plan in a material manner, as determined by the CRA, with regard to the Silver Rating National Green Building Standard elements of the project and/or the square footage of office space without approval from the CRA then this Agreement shall terminate and be of no finther force and effect. 99®2 Remedies. Upon the occurrence of any one or more of the foregoing events of default as set forth in Section 9.1, CRA shall at its option, give notice in writing to the Developer to cure its breach or failure of performance if such failure may be cured. Developer shall not be entitled to any Direct Incentive Funding disbursements until the default is cured, The CRA retains the sole discretion as to whether to disperse any Direct Incentive Funding withheld as a result of the Developer's breach or failure to perform until Developer cures the same pursuant to this Agreement. Upon the failure of Developer to cure within (90) days or such longer reasonable period determined by the CRA if Developer is diligently pursing a cure,the CRA may exercise any one or more of the following remedies: W418021-4 Page 9 of 17 9.2.1 Terminate this Agreement upon not less than fifteen (15) days notice by certified letter to the Developer at the address specified in Section 9.5 of this Agreement, such notice to take effect when delivered to the Developer. 9.2.2 Commence a legal action for the judicial enforcement of this Agreement. 9.2.3 Temporarily or permanently withhold the disbursement of any Direct Incentive Funding disbursement or any portion of a disbursement and discontinue any fiii-ther disbursements. 9.2.4 Take any other remedial actions available at law and in equity, 99®3 Attorney's Fees and Costs. In any judicial action arising from this Agreement the prevailing party shall be entitled to an award of its reasonable attorney's fees and costs, at both the trial and appellate levels,to be paid by the non-prevailing party. 99®4 Law and Remedy. This Agreement shall be governed by the laws of the State of Florida. Venue of any and all legal actions arising from this Agreement shall be in Palm Beach County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder, shall preclude any other or further exercise thereof. 9.5 Strict Performance. No failure by either party to insist upon strict performance of any covenant, agreement, term or condition of this Agreement or to exercise any right or remedy available to such party by reason of the other party's Default and no payment or acceptance of full or partial payments of amounts due under this Agreement during the continuance(or with CRA's knowledge of the occurrence) of any Default or Event of Default, shall constitute a waiver of any such Default or Event of Default or of such covenant, agreement,term, or condition or of any other covenant, agreement, term, or condition. No waiver of any Default shall affect or alter this Agreement, but each and every covenant, agreement, term and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent Default. Payment by either party of any amounts due under this Agreement shall be without prejudice to and shall not constitute a waiver of any rights against the other party provided for under this Agreement or at law or in equity. One party's compliance with any request or demand made by the other party shall not be deemed a waiver of such other party's right to contest the validity of such request or demand. All the terms, provisions, and conditions of this Agreement and the restrictive covenants shall inure to the benefit of and be enforceable by the parties hereto and their respective successors and assigns. The Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both parties have contributed substantially and materially to the preparation of the Agreement and the restrictive covenants, 9.6 Remedies Under BankMtcy and Insolvency Codes. If an order for relief is entered or if any stay of proceeding or other act becomes effective against Developer or in any proceeding which is commenced by or against Developer under the present or any future federal bankruptcy code or in a proceeding which is commenced by or against Developer, seeking a reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any other present or future applicable federal, state or other bankruptcy or insolvency statute or law, CRA shall be entitled to invoke any and all rights and remedies available to it under such bankruptcy or insolvency code, statute or law or this Agreement. 00418021-4 Page 10 of 17 9.7 Termination. The obligations of Developer and GRA shall terminate upon the earlier of(i) expiration of the Direct Incentive Funding payments to Developer as provided in Section 6 above as a result of the expiration of the agreed upon payment periods; or(ii) failure by the Developer to complete the Project before July 30, 2017, unless extended as provided by written agreement of the parties. Section 10. General Conditions. 10.1 CRA's Maintenance of Records and Annual Account Fundi Commencing with the Effective Date, the CRA shall maintain and administer separate financial records which rcflect the terms of this Agreement. Such records shall clearly document for the benefit of the CRA and the Developer, the Base Year amount and the annual Project Increment Revenues collected by the CRA attributable to the Project and the annual Direct Incentive Funding payments owing and paid to Developer under this Agreement. 10.2 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. Prior to Substantial Completion of the Project, this Agreement may not be assigned by the Developer without the prior written consent of the CRA. After Substantial Completion, this Agreement may be transferred by the Developer; provided, however, that any assignee thereto shall specifically assume all of the obligations of the Developer under this Agreement.Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the CRA, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the CRA and the Developer. In the event that the CRA determines that the Developer is in violation of this paragraph, the CRA shall have the right to terminate this Agreement and to seek repayment of the funds paid by the CRA to the Developer. Notwithstanding anything to the contrary contained in this section, prior to the issuance of the Certificate of Occupancy, Developer may assign this Agreement to an affiliate of Developer with the consent of CRA, such consent not to be unreasonably withheld. Such assignment shall not relieve the Developer of any of its obligations or duties as set forth herein. After the issuance of the Certificate of Occupancy, Developer may assign this Agreement to an affiliate of Developer without the consent of but with at least 10 day notice to CRA. 10.3 No Brokers. CRA and Developer each represents to the other that it has not dealt with any broker, finder, or like entity in connection with this Agreement or the transactions contemplated hereby, and each party shall indemnify the other against any claim for brokerage commissions, fees, or other compensation by any person alleging to have acted for or dealt with the indemnifying party in connection with this Agreement or the transactions contemplated hereby. 10.4 IndemnWication and Hold Harmless. The Developer agrees to protect, defend, reimburse, indemnify and hold the CRA,its agents, employees and elected officers and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of every kind and character (sometimes collectively "Liability") against and from the CRA which arise out of this Agreement, except to the extent that any of the Liability results from the negligence or willful misconduct of the CRA- The Developer recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the CRA in support of this clause in accordance with the laws of the State of Florida. This paragraph shall survive the termination of the Agreement. 00419021-4 Page 11 of 17 10.5 Notices and other Communications. Whenever it is provided herein that notice, demand, request, consent, approval or other communication shall or may be given to, orserved upon, either of the parties by the other (or any recognized mortgagee), or whenever either of the parties desires to give or serve upon the other any notice, demand, request, consent, approval or other communication with respect hereto or to the Project, each such notice,demand,request,consent, approval or other communication (referred to in this Section 9.5 as a"Notice") shall be in writing(whether or not so indicated elsewhere in this Agreement) and shall be effective for any purpose only if given or served by (i) certified or registered United States Mail, postage prepaid, return receipt requested, (ii) personal delivery with a signed receipt or(iii)a recognized national courier service,addressed as follows: If to Developer: Tom Hayden SKYE AT BOYNTON BEACH,LLC 650 S.Northlake Boulevard Suite 450 Altamonte Springs,FL 32701 With a copy to: Gerald Biondo Mural Wald Biondo&Moreno,P.A. 1200 Ponce de Leon Blvd. Coral Gables,FL 33134 If to CRA: Vivian Brooks,Executive Director Boynton Beach Community Redevelopment Agency 710 N.Federal Highway Boynton Beach,Florida 33435 With a copy to: Tara Duby Lewis,Longman&Walker,P.A. 515 N.Flagler Drive,#1500 West Palm Beach,FL 33401 LO.5.1 Any Notice may be given in a manner provided in this Agreement on either party's behalf by its attorneys designated by such party by Notice hereunder. 10.5.2 Every Notice shall be effective on the date actually received, as indicated on the receipt therefore,or on the to delivery thereof is refused by the intended recipient. 10.6 Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 10.7 Entire Agreement. The CRA and Developer agree that this Agreement sets forth the entire agreement between the parties and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to,modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto. 10.8 Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Any Exhibit not physically attached shall be treated asp of this Agreement and are incorporated herein by reference. 004180214 Page 12 of 17 10.9 Sever abffl_q, If any provision of this Agreement or application thereof to any person or situations 1,to any extent,be held invalid or unenforceable,the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which itshall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law, 10.10 Priority of Igterpretation. In the event of any conflict between the terms and conditions of this Agreement and the Direct Incentive Program, the terms and conditions of this Agreement shall prevail. 10.11 Headin2s. Headings herein are for convenience of reference only and shall not be considered in any interpretation of this Agreement. 10.12 Insurance. All parties hereto understand and agree that the CRA does not intend to purchase property insurance in connection with this Project. 10.13 Binding Authority. Each party hereby represents and wan-ants to the other that each person executing this Agreement on behalf of the CRA and the Developer(or in any representative capacity) as applicable, has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. Section 11. co 1.1.1 This Agreement may be recorded in the Public Records of Palm Beach County, Florida. 11.2 Any obligation so created by this Agreement shall be effective as a lien only upon the recording of such lien and shall be subordinate to any mortgage applicable to such property. Notwithstanding the foregoing, nothing herein contained shall be construed as creating an obligation hereunder upon any mortgagee or holder of other security interest including deed of trust prior to said Mortgagee or holder acquiring title by foreclosure or otherwise, This agreement and the rights and obligations hereunder, including without limiting the generality of the foregoing, the Restrictive Covenant, are subordinate in all respects to any first mortgage lien now or hereafter placed on the Property. 11.3 Nothing contained in this Amendment shall be deemed to be a right in favor of, or a duty to, the general public or any tenant occupant, invite,trespass or person or entity of any other status or classification for any reason, use or purpose whatsoever, whether public or private, it being the intention of the parties hereto that nothing in this Agreement, expressed or implied, shall confer upon any person or entity any such right or duty. Rights granted to,or duty in favor of, a third party beneficiary are neither intended nor granted. 11.4 CRA Specifically grants to Developer the right to obtain a mortgage for the development, construction and ownership of the Project. CRA understands, acknowledges and agrees that this Agreement, including but not limited to the Restrictive Covenant Agreement contemplated by Section 7, and each and every other obligation, term and condition of this Agreement is subordinate to such mortgage, its modifications and amendments, changes or replacements, and for all purposes, such mortgage shall be, and treated as, prior in right and time to this Agreement. CRA shall, if requested, 00418021-4 Page 13 of 17 execute such additional documents in recordable form as may be necessary or convenient to evidence this promise and provision. Section 12. Public Records The Boynton Beach Community Redevelopment Agency is public agency subject to Chapter 119, Florida Statutes. To the extent the Developer generates or maintains documents considered public records pursuant to Florida Statutes as a result of this agreement, Developer shall comply with Florida's Public Records Law. Specifically, the Developer shall: Keep and maintain public records that ordinarily and necessarily would be required by the CRA in order to perform the service; Provide the public with access to such public records by providing the same to the CRA upon request 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; 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 Meet all requirements for retaining public records and transfer to the CRA, at no cost, all public records in possession of the Developer 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 CRA in a format that is compatible with the information technology systems of the agency. The failure of Developer to comply with the provisions set forth in this agreement/contract shall constitute a default and breach of this Agreement. If Developer fails to cure the default within seven(7)days' notice from the CRA,the CRA may terminate the Agreement. Section 13. Total or Partial Destruction. 13.1 If the Project shall be damaged by fire, the elements, unavoidable accident or other casualty, so that compliance in any material respects by the Developer with the agreed upon Silver Rating National Green Building Standards as set forth in this Agreement is impossible, interrupted or frustrated, or if as a result of such damage by fire, the elements, unavoidable accident or other casualty, the obligations, terms and conditions of this Agreement cannot be carried out by the Developer, the Agreement shall nonetheless remain in fall force and effect so long as the Developer commences within thirty (30) days of the event the obtaining of building permits for the restoration and repairs and once issued diligently pursues such repair and/or restoration until completion.If Developer has not commenced repairs and restoration within ninety(90) days, the CRA may terminate this Agreement. It is understood, acknowledged and agreed that in the event of damage that exceed the normal and customary insurance deductible of the Developer that Developer must apply for and then receive insurance proceeds in order to commence restoration and repair. So long as the Developer timely applies for and is diligently pursuing the receipt of such insurance proceeds, Developer shall have complied with the preceding requirement provided such repairs and restoration are completed within six(6)months of the dates of the event. In the event of a natural disaster, Act of God or similar major catastrophe the parties acknowledge, understand and agree that performance as to repair or restoration may not be possible within the time frames stated 00418021-4 Page 14 of 17 above and the Developer shall be given such time as is reasonable to commence repairs and restoration and to complete same. During the period that the Project is being repaired and restored, the CRA shall have no obligation to disburse Direct Incentive Funding to Developer. If repairs and restoration have not been completed within one(1) year of the event of natural disaster, Act or God or major catastrophe, the CRA may terminate this Agreement. 13.2 This Section 11 shall be paramount to all other provisions of this Agreement, including but not limited to Section 4 and Section 8. [SIGNATURES ON FOLLOWING PAGES] 041021-4 Page 15 of 17 IN WITNESS OF THE FOREGOING, e parties have set their hands and seals the day and year first above written. WITNESSES SKYE AT BOYNTON BEACH�LLC a Florida t lia ° ° co p y By: P am Print Name: , Title: print a e: STATE OF FLORIDA SS: COUNTY OF BEFORE ME, an officer duly authorized by law to admirter oaths and take acknowledgments, personally appeared tfr as of SKYE AT BOYNTON BEACH, LLC, and acknoirledged under oath that he/she has executed the foregoing Agreement as the proper official of SKYE AT BOYNTON BEACH, LLC, for the use and purposes mentioned herein-and that the instrument is the act and deed of SKYE AT BOYNTON BEACH, LLC. Helshe ins"personally known"to me or has produced as identification. r IN SS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this y of2015. 00' �1y��r�F*411 +N�F�[�`�'r E. My Commission Exp` ~, �'. No blic, S t of Flo °^�at ,�g, �� rr®®®�y�r.® y®®®b. N, L10 + ti ® TENTIONALLY LEFT ] [CITY S ] 00418021-4 Page 16 of 17 WITNESSES BOYNTON BEACH COMMUNITY RED VELOPMENT-AGENCY . ............................................................ By: P�ritnt Name. o 0-P iaylo C 41 STATE OF FLORIDA SS: COUNTY OF PALM BEACH BEFORE ME c Udl=thoTed by law to dr] t and take acknowledgments, personally appeared I Sr as '!:� and takq of BOYNTON tk&' jjn:l�� BEACH COMMUNITY REDE4&L(JFMEb)t AGENCY, and acknowledged der oath that he/she has executed the foregoing Agreement as the proper official of BOYNTON BEACH COMMUNITY REDEVELOP M CY, for the use and purposes mentioned herein and that the instrument is the ---liff—an-V Zee 0 �U BEACH COMMUNITY REDEVELOPMENT AGENCY, He/she is personally kno!wn to me or has p duced as identification. IN WITNESS Offi !AF*FORE OING have set my hand and ocial seal at in the State and County aforesaid on this y of 015. 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Common Area Iftems V" Function of WchaWagstadons V Verffy that IffigOon rystem Isfunctioningas (nomles and spray heads,zonhW V Verify that liahting motlon sensors PAsidential Unit Items l Inspection of buildingweather stripped, or waled, Joints, !n Windows,doom,skj%hb are caulked,flashed,soled appropriately Openings r assemblies, s shower heads and faucets remain Inshalled as destned(no-ftriging heads) carbonCheck Warms Check that MERV 9 filters are still being used d Dryer exhaust connection1 1 waterHut heating pipe1 behindV' Leave n educational brochure detalling: green building features and energy conservation tips, ftemwsW control set I benefit f turning lights Omm BuIlding Mamurs Verfkation Plmn Each residential unit will be vedfied in acwrdance with thq verfttlon plan outlined in the table below. I"ift", ad Pvr Floor omr Floomwm Al M Uwdtc. 1 13 3 0 33 34 DI Uni Vofiffied or I r 13 21 34 DI Vert"* 0 3 0 34 M Untb VeMed Per Roar 34 34 UngmVeriflod Per F r 757� 2 U cn ungs varmod 0 34 we 34 Z4 Its verme r Floor 34 34 0 in nvol s"Od For to 4 14 Detail by Document Number http://search.sunbiz.org/inquiry/CorporationSearch/SearchResultDeW Exhibit "G" Horse Contact Us -Fifing Servicas Docurt€ent Searches Fo � s , u Detail by Documentr _Florida Li i iii SKYE T BOYNTON BEACH, LLC Filing I iformation Document Number L15000045440 FEI/ElN Number NONE Date Filed 03/12/2015 Effective Date 03112/2015 state FIL ACTIVEStatus 650 S. NORTHLAKE BLVD ALTAMONTE SPRINGS, L 32701 Mailing SPRINGS,650 S. NORTHILAKE BLVD ALTAMONTE L 32701 Registered Agent Name &Address LECESSE DEVELOPMENTCORP. 650 S. NORTHLAKE BLVD. SUITE ALTAMONTE SPRINGS, FL 32701 Authorized ii Name &Address Title SALVADOR 650 S. NORTHLAKE BLVD., SUITE SPRINGS,ALTAMONTE 1 Title MORGAN, ROBERT 1080 PITTSFORDVICTOR PITTSFORD, NY1 Loeyrkliat 0 and f EkaQLRgjGjP,e State of Florida,Department of State 1 of 3 4/13/2015 5:08 PM Detafl by Document Number http://search.sunbiz.org/Inquity/CorporationSearch/SearchResultDetai FIEBER, JIM 47 ELM STREET NEW CANAAN, CT 06840 Title VP FLYNN, JOHN 650 S NORTHLAKE BLVD., SUITE 450 ALTAMONTE SPRINGS, FL 32701 Title VP KAALI-NAGY, DAMIEN 21 SOUTH AVENUE NEW CANAAN, CT 06840 ARBMIL&R2ELs No Annual Reports Filed Document Im9ges 03/12/2015--- Rofida Limitpri I Iifity,i View image in PDF format 2 of 3 4113/2015 5:08 PM Electron ic Articles of Organization L15000045440 For FILED 8:00 AM March 12 2015 Florida Limited Liability Company Sec. Of State iyoung Article I The name of the Limited Liability Company is.- SKYE AT BOYNTON BEACH, LLC Article 11 The street address of the principal office of the Limited Liability Company is: 650 S. NORTHLAKE BLVD ALTAMONTE SPRINGS, FL. US 32701 The mailmg address of the Lmuted Liability Company is: 650 S. NORTHLAKE BLVD ALTAMONTE SPRINGS, FL. US 32701 Article III The nante and Florida street address of the registered agent is: LEC ESSE DEVELOPMENT CORP. 650 S. NORTHLAKE BLVD. SUITE 650 ALTAMONTE SPRINGS, L. 32701 Having been named as re istered agent and to accept seMce of process for 1he above stated limited liability company at the place designated in this certificate, I hereby accept 1he jappo as registered agentand ar tee to act in this caFacity. I further agree to comply with the provisions of all statutes c D relating to e proper and comp ete performance of my duties, and I am familiar with and accept the obligations of my position as registered agent. Registered Agent Signature. SALVADOR LECCESE Article IV L15000045440 The name and address of so (s authorized to manage LLC: FILED S."00 AM March 12 2015 Title: PRES Sec. Of Stite SALVADOR LECCESE 3young 650 S. NORTHLAKE BLVD., SUITE 450 ALTAMONTE SPRINGS, FL. 32701 US Title: VP ROBERT MORGAN 1080 PITTSFORD VICTOR ROAD PITTSFORD, NY. 14534 US Title: VP JIM FIEBER 47 ELM STREET NEW CANAAN, CT. 06840 US Title: VP JOHN FLYNN 650 S NORTHLAKE BLVD., SUITE 450 ALTAMONTE SPRINGS, FL. 32701 US Title: VP DAMIEN -ISTAGY 21 SOUTH AVENUE NEW CANAAN, CT. 06840 US Article V The effective date for this Limited Liability Company shall be: 03/12/2015 Signature of member or an authorized representative Electronic Signature: GERALD J. BIONDO, ESQ. I am the member or authorized representative submitting these Articles of Or anization and affirm that the facts stated hemin are true. I am aware that false information submitted in a gocument to the Department of State constitutes a third degree felony as provided for in s.817.155, F.S. I understand the requirement to filerT an annual e and every year ort between January 1 st and May I st in the calendar year following formation of the LLC creafter to maintain"active" status. ESTOPPEL CERTIFICATE Re: Direct Incentive Funding Agreement(the"DIFA" entered into as of May 27,2015 by and between the Boynton Beach Community Redevelopment Agency, a public agency created pursuant to Chapter 163, Part III of the Florida Statutes (the "Agency" and Skye at Boynton Beach, LLC, a Florida limited liability company (the "Developer and/or Seller") affecting a portion of the real property described in Exhibit A attached to and made part of the DIFA, located in Palm Beach County,Colorado(the"Property"). This Estoppel Certificate ("Certificate") is made to (a) Avanti Residential, LLC, a Delaware limited liability company (together with its successors and assigns, collectively, "Purchaser") in connection with Purchaser's acquisition of the Property from Seller, (b)Purchaser's lender, Berkley Point Capital LLC d/b/a Newmark Knight Frank, a Delaware limited liability company (together with their successors and assigns, collectively, "Lender") in connection with Lender's anticipated term loan to Tenant, as such term is defined below,which loan is to be secured by the Property or a leasehold interest in the Property, (c) Federal Home Loan Mortgage Corporation (together with its successors and assigns, "Freddie Mac"), and (d) Chicago Title Insurance Company ("Title Insurance Copanv" and together with Purchaser,Lender,and Freddie Mac,collectively the"Rehyinp_Parties"). All capitalized terms which are not defined herein shall be ascribed the definitions set forth in the DIFA. Now,therefore, knowing that Purchaser will rely upon the accuracy of the information contained herein and to induce the Title Company to issue an Owner's Title Insurance Policy to Tenant, as defined below,and to induce the Lender to issue a loan to the Tenant,the Agency represents,warrants and certifies as follows: A. The Agency hereby certifies to the Relying Parties that: (1) The DIFA is in full force and effect and has not been amended, assigned, modified or supplemented by any other agreement except as set forth on Schedule 1. (2) There is no existing default under,or violation of any covenant,term,condition,provision, restriction, standard, limitation, rule, regulation or guideline in the DIFA by Developer, nor are there any conditions or facts which,after giving requisite notice,or the passage of time,or both, would result in such a default or violation or afford Agency with the right or ability to terminate the DIFA. No notice of default has been issued by the Agency. (3) The Project was completed in accordance with the DIFA prior to June 30, 2018. Developer has received a Certificate of Occupancy for the entire Project and Developer has satisfied the conditions of funding in accordance with Section 6.2 of the DIFA. Accordingly,the ten(10)year term for the payment of the Direct Incentive Funding to Developer by the CRA commenced by the CRA Board on February 11, 2020 and will expire in 2030. (4) Developer has provided the Systems Audit Report to the City's Development Services Department on annual basis,including the Systems Audit Report due on or before April 30,2021 (the"2021 Systems Audit Report"),and the 2021 Systems Audit Report is acceptable to the City. (5) The Direct Incentive Funding paid to Developer for the 2019 calendar year was $392,811 and for the 2020 calendar year was$435,635.31. The Direct Incentive Funding to be paid to Developer for the 2021 calendar year will be projected after the Palm Beach County Property Report is received on June 30,2021 and is expected to be paid to Developer after approval by the CRA Board in 2022. 4836-5629-1306.4 (6) Since a Certificate of Occupancy has been issued for the entire Project, the Agency acknowledges that Developer (or any successor or assign of Developer) may freely transfer or assign its rights,interests or obligations in the Property,the Project or the DIFA,to any third party without the consent of the Agency in accordance with Section 8 of the DIFA. Agency acknowledges that the DIFA will be assigned to Purchaser, and its successors and assigns, in connection with Purchaser's acquisition of the Property from Developer. The Agency further acknowledges that the Property will be transferred from Purchaser to an entity formed by or affiliated with Safehold Inc.,a Maryland corporation("Landlord")and leased to tenants in common, formed by and affiliated with the Purchaser (the "Tenant") pursuant to a Ground Lease Agreement dated on or about the date hereof(the"Ground Lease") and that such transfer may result in a further assignment of developer's rights in the DIFA to the Tenant. The transfers of the Property and the assignments of the DIFA described in this Section 6 do not require the consent of the Agency. The Agency further acknowledges that the Tenant will collaterally assign the DIFA to Lender, and its successors and assigns, and that the exercise of Lender's right to foreclose on any mortgages, deeds of trust, security agreements or collateral assignments (including, but not limited to, the Tenant's rights under the DIFA) in favor of Lender, and or the right of Lender to sell or take possession of the leasehold estate under the Ground Lease,won't require the consent of the Agency. (7) The Agency is the entity (or lawful successor to such entity) identified in the DIFA as having the authority to make certifications contained herein with respect to the compliance by the parties to the DIFA. (8) Agency agrees to provide Lender with notices under the DIFA in accordance with Section 10.5 of the DIFA. Lender's address for notices is: Berkeley Point Capital LLC, d/b/a Newmark Knight Frank Attention: Director,Loan Servicing 8 Springhouse Innovation Park, Suite 200 Lower Gwynedd,Pennsylvania 19002 (9) Notwithstanding Section 6.5 of the DIFA, CRA has not issued any Tax Increment Revenue Bonds, nor pledged any tax increment revenue, in connection with the DIFA or the Property. [Signature appears on the following page] 4836-5629-1306.4 Dated this day o , 2021. AGENCY: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY l� ILI Name m Title: �- 4836-5629-1306.4 ,Schedule 1 Amendments to the DIFA First Amendment to Direct Incentive Funding Agreement made and entered into February 16,2017 by the Agency and the Developer recorded on March 1, 2017 in Officials Records Book 28920, page 643. Second Amendment to Direct Incentive Funding Agreement made and entered into December 12, 2017 by the Agency and the Developer recorded on July 6, 2018 in Officials Records Book 229973,page 1991. Third Amendment to Direct Incentive Funding Agreement made and entered into February 2020 by the Agency and the Developer. 4836-5629-1306.4 o AVA N T I R E S I D E N T I A L o m 0 March 28, 2022 D 0 D Thuy Shutt Executive Director — Boynton Beach Community Redevelopment Agency m 710 N. Federal Highway Boynton Beach, FL 33435 N 0 RE: 500 Ocean Direct Incentive Funding Agreement o M z Dear Thuy, < M X Pursuant to section 6.3 of the Direct Incentive Funding Agreement for 500 Ocean, please see the below listed certification documents contained within this document: o 00 • Compliance letter from John Kuntzman N • Certification letter from RunBrook Consulting • A copy of the 2021 Building Systems Audit Report 0 • 2021 tangible personal property and real estate property tax bills and proof of payment • 2021 tax receipts numbers (located at bottom of document) • 2021 tax proof that funds cleared account Should you have any questions, please feel free to contact me directly. Thank you, Robert Urbanski VP of Asset Management rurbanski@avantiresidential.com 480.936.7861 A V A N T I R E S T D E N T I A L . C 0 M I ( 4 8 0 ) 9 3 6 - 7 8 6 1 The City of Boynton Beach DEVELOPMENT DEPARTMENT BUILDING DIVISON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 R TEL: 561-742-6350 FAX: 561-7426357 www.boynton-beach.org March 29, 2022 Thuy Shutt Executive Director Boynton Beach CRA 100 East Ocean Ave Boynton Beach, Florida 33435 Ref: 500 Ocean Project Re : Systems Audit 2022 Dear Ms . Shutt: I have received the audit report and letter of certification prepared by RunBrook. Dated 03/23/2022 for the above referenced project. Based on the information contained within the report and the findings provided the project is in compliance with section 5 . 3 of the filed March, 12, 2015 Direct Incentive Funding (DIF) Agreement. If you have any questions or concerns please contact me in the Building Division at 561 . 742 . 6376 . Sincerely, John zman, CBO, PX, BN, CFM, Interim Building Official /Flood Plain Manager Cc: Michael Rumpf, Director of Development S:\Development\BUILDING\Kuntzman, John\Correspondance\Seabourne Cove Systems Audit 040616.doc ~ [� N � �� [� �� [� �� N� L� K� �� P^ unscwoouo/ma&cmswmrasnma Date: 03/23/2022 Re: 500 Ocean Systems Audit Report and D|FACompliance At n: ]ohnKuntznnan Development/ Building Official Mr. Kuntznnan, The Direct Incentive Funding Agreement (D|FA) for the SUU Ocean project in Boynton Beach requires annual systems audit reports be performed in accordance with Section 5.3 and Exhibit F. RunBrook (formerly SustainaBase) has performed the systems audit reports in 2018, 2019, 2020 and 2021 and found the property to be in compliance with Exhibit F (500 Ocean Green Building Monitoring Plan). Please feel free tocontact meifyou have any questions. Sincerely, Daniel]. Denis, President atRunBrook LEEDAP (BD+C)&Green Rater RE3NETHERS Rater ENERGY STAR Verifier FSBCCertifying Agent NSB3Green Verifier Cc Callum King(LeCesseDevelopment) Chad Hochu|i (LeCesseDevelopment) Robert Urbanksi (Avanti Residential) vxvxvx.RunBrookzonn ddenis@runbrook.com 313 Datura Street,Suite 30O West Palm Beach' FL 33401 Of5ce: l'833'RUNBROOK Building Systems Audit Report (Calendar Year 2021) 500 Ocean, Boynton Beach, Florida 101 S Federal Idwy, Boynton Beach, FIL 33435 City of Boynton Beach, Community RedevOopment Agency ti r t j R xt. G,r r�GG nrt µ�� , Home Innovation y (4 4 b� �Y s � Prepared by: RunBrook 313 Datura Street, Suite 200 West Palm Beach, FL 33401 ' www.RunBrook.com ddenis@RunBrook.com GREEN BUILDING&ENERGY TESTING 1-833-RUNBROOK 2020 Building Systems Audit Report—500 Ocean Project Background The Boynton Beach Community Redevelopment Agency (CRA) entered into a Direct Incentive Funding Agreement (DIFA) with Morgan Boynton Beach, LLC for the 500 Ocean Project, a seven story, 341-unit, multifamily apartment building located at 101 South Federal Highway in Boynton Beach, Florida. Pursuant to the DIFA, the 500 Ocean project was required to secure a Silver level green building certification from the National Green Building Standard (NGBS). The project is required to perform annual building systems audits on at least 34 residential units for the next ten years to monitor green building measures/features in residential and common areas. See Attachment A for a copy of the systems audit checklists. RunBrook, LLC, performed the audits and performed the tests described in this report. Purpose This building systems audit report documents field observations and building performance tests conducted at the 500 Ocean property on March 17, 2022. Field observations were recording using the systems audit checklist (Attachment A) to verify that green building measures/features were installed and functioning appropriately in both common and residential areas. Examples of checklist items include verifying that: electric vehicle charging stations are functioning, the building envelope was well sealed, shower heads and faucets maintain low flow, and appropriate HVAC filters were used. Examples of performance tests include completion of a blower door test to measure unit air leakage, a key factor in energy efficiency, and occupancy comfort. Methods RunBrook, LLC, utilized qualified RESNET Home Energy Rating professionals to perform the site inspections and perform blower door tests. RunBrook's Energy Raters visited each unit and filled out the building systems audit checklist. RunBrook's Energy Raters also performed the blower door test. This was done by installed a blower door canvas to the front door and depressurizing the unit using a blower door fan and manometer to reach a pressure differential of -50 pascals (unit WRT the corridor). The corresponding flow rate measured in CFM was then recorded along with the blower door fan ring used for each unit. Using test data along with unit volume, the number of air changes per hour at 50 pascals of pressure was calculated (ACH50). The ACH50 measurement indicates the number of times the total air volume in the unit changes in one hour under a pressure differential of 50 pascals. Low values for ACH50 indicate a tight envelope with little to no leakage to the outdoors and adjacent spaces. High values for ACH50 indicate a loose envelope exhibiting leakage to the outdoors and adjacent spaces. Page 1 LeCesse Development&Cambridge Management Green Building Consulting by RunBrook 2020 Building Systems Audit Report—500 Ocean Project Building Systems Audit The table below provides a list of the unit types and unit numbers audited in 2019 included in this Building Systems Audit Report. Audits were performed on March 17,2022. 500 Ocean Annual Systems Audit Matrix 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 1 2r 3 4 5 6 7i 8 9 10 ID Unit'# Unit# ' Unit# ' Unit# Unit# Unit# Unit# Unit# Unit# Unit# 1 1112 125 113 361 2 114 133 1 149 363 3 116 238 156 364 4 118 258 218 367 5 120 322 230 370 6 1121 336 240 371 7 122 345 1 255 372 8 126 357 311 461 9 127 368 331 463 10 128 369 376 464 11 1134 375 420 465 12 136 414 1 450 467 13 211 429 511 469 14 213 431 523 470 15 214 432 576 472 16 1216 440 620 474 17 219 442 1 158 561 18 220 468 221 563 19 222 475 317 564 20 228 518 335 565 21 1239 521 356 566 22 244 533 1 374 568 23 447 537 378 569 24 448 544 412 570 25 449 562 413 571 26 1451 575 430 660 27 452 615 1 471 657 28 453 630 512 655 29 455 640 514 651 30 456 644 517 654 31 457 610 519 656 32 458 562 541 658 33 459 316 572 653 34 1460 1550 1 619 1 649 35 - - 1 659 1 647 Page 2 LeCesse Development&Cambridge Management Green Building Consulting by RunBrook 2020 Building Systems Audit Report—500 Ocean Project Results s Building measures/features located in common areas audited included the electric charging stations, irrigation systems, and timers. All systems audited were functioning and no significant deficiencies were note.The following photographs were taken as documentation. i ;1 Electric charging station in functioning order, protected by parking barricade,signage in place ar 63L pp vp ( Y t yy i'FtJB R�' iC 7 ( '� f Ns' { i Irrigation heads in functioning order, native plants well maintained Page 3 LeCesse Development&Cambridge Management Green Building Consulting by Run Brook 2020 Building Systems Audit Report—500 Ocean Project Results s its Building measures/features located in residential units audited included sealing of the residential envelope including windows, doors, sliding glass doors, and shared walls. Other building measures/features audited in residential units included showerheads, carbon monoxide alarms, filters (ensuring that they are MERV 8), and dryer exhaust connections. Blower door tests were also performed in each unit. All systems audited were functioning and no significant deficiencies were note. The following photographs were taken as documentation. \0. t f Dryer exhaust fans attached and MERV 8 filters maintained 4{ k ltR� Low flow showerheads remain in n fi place gg J '6 U£ SSi11 SrihlllU} �pi I Page 4 LeCesse Development&Cambridge Management Green Building Consulting by Run Brook 2020 Building Systems Audit Report—500 Ocean Project 1-- -- f � i Envelope sealing measures to limit air infiltration I J { , f} s: u � F n '� Blower Door Unit Set Up Page 5 LeCesse Development&Cambridge Management Green Building Consulting by Run Brook 500 Ocean Building Systems Audit Form Project Name: 500 Oce'an Builder Name: Morgan Boynton Beach, LLC Lot/Unit: Permit Office: Boynton Beach CRA street: 101 S. Federal Highway, Boynton Beach, FL Date of Audit/Test: V-er"Iflect Visual inspection of envelope.The following are caulked,Basketed,weather stripped, or sealed: a) Joints, seams, penetrations b) Windows, doors, skylights 17 : c) Openings between window and doors, Jambs, frames Verify that showerhea ds and faucets remain installed as designed (no-changing heads) Check carbon monoxide alarms Check that MERV 8 filters are still being used Dryer exhaust connection is maintained Kitchen exhaust connection is maintained NA Re-circulating hoods over microwave I Unit Volume Unit S. F "T Pw* C) _71 '0 0 4 ACHSO =CFM50 x 60 tP House Volume Auditor Name- Frank Costaghola Auditor Company: RunBrook, LLC Auditor Signature: '_ www.runbrook.com RunBrooK" " fcostagIioIa@runbrock.com 561-6x76-3375 Green BuOding- Energy Ratings -mnceni_wes 500 Ocean Building Systems Audit Form �organ Boyntc�nlieach, LLC Project Name- 500 Ocean Builder Name,, Lot/Unit: Permit office-, Boynton Beach CRA 7: Street- 101 S. Federal Highway, Boynton Beach,Fl. Date of Audit/Test: t Visual inspection of envelope.The following are caulked, gasketed, weather stripped, or seated: a) Joints, seams, penetrations b) Windows, doors, skylights C Openings between window and doors, jambs, frames Verify that showerheads and faucets remain installed as designed ono-changing heads) Check carbon monoxide alarms Check that M E RV 8 filters are still being used 77 1 Dryer exhaust connection is maintained Kitchen exhaust connection is maintained NA Re-circulating hoods over microwave 777777777777 Unit Volume C, Unit S. F Flow. 'e S-U "Pr L:"jCL— u'se "M C- C) L ACH50= CFM50 x 60/ House Volume J_ -Aud:ltor Name: —Frank Costagli'ola Auditor Company: RunBrO0 LLC Auditor Signature: www.rut,,brook.com f costag�i,eIa @ ru n brook,com RunBrook' 561-676-3375 Green Building- Energy Ratings -incentives 50,0 Ocean, Building Systems Audit Form Project Name: 500 Ocean [Bufld�r NameMorgan Boynton Beach, LLC Lot/Unit: -Permit Office. Boynton Beach CRA L �Street: 101 S. Federal Highway, Boynton Beach,FL Date of Audit/Test: VVr ° 6. Visual inspection of envelope.The following are caulked, gasketed, weather stripped, or sealed: a) Joints, seams, penetrations V/ F_ b) Windows, doors, skylights 7 cj Openings between window and doors, jambs, frames Verify that showerheads and faucets remain installed Lasdesigned (no-changing heads) heck carbon monoxide alarms �Check that IVIItl1 filters are still being used Dryer exhaust connection is maintained Kitchen exhaust connection is,maintained NA Re-circulating hoods over microwave 7- Unit Volume Unit S. F -777= ACH50 CFM50 x 60 House Volume Auditor Name: I Frank Costagliola AuditorCompany: 1 Run�Bro -0 LLC Y' ,I Auditor Signaturtur e: if www,runbrook.com fcoslaE�i2ta@ runbrook-com RunBrook 561-676-3375 Green Buildmig� ERergy Rahngs -Incentwes 500 Ocean Building Systems Audit Form Project Name: 500 Ocean Builder Name: Morgan Boynton Beach, LLC Lot/Unit: 1 Permit office: Boynton Beach CRA Street: 101 S. Federal Highway, Boynton Beach, FIL Date of Audit/Test: Fill,F, V6 S Visual inspection of envelope.The following are caulked, gasketed, weather stripped, or seated: a) Joints, seams, penetrations Windows, doors, skylights c) Openings between window and doors, jambs, frames Verify that showerheads and faucets remain installed as designed (no-changing heads) Check carbon monoxide alarms Check that MRV 8 filters are still being used Dryer exhaust connection is maintained Kitchen exhaust connection is maintained NIA Re-circulating hoods over microwave 7777777', ......... 7" _L� 4 Unit Volume Unit S. F 4i 7 t, 7— Pa$c:afs J "Aqw 2 ACH50 CFM50 x 60 House Volume .............. Auditor Name: I Frank Costagliola AuditorCompany: RunB! ook ! , LLQ Auditor Signature: www,runbrook.com fcmja�� RunBroo K" "" 561-676 3375 Green Building - Energy Ratings -Incentives 500 Ocean Building Systems Audit Form Proect Name500 Ocean ------------- Builder Name'. Morgan Boynton Beach, LLC j : Lot/Unit', Permit Office: Boynton Beach CRA Street: 101 S. Federal Highway, Boynton Beach, FL Date of Audit/Test: fttieg Visual inspection of envelope. The following are 'caulked,gasketed,weather stripped, or sealed: a) Joints, seams, penetrations b) Windows, doors, skylights 0 openings between window and doors, V/z jambs,frames-_ Verify that showerheads and faucets remain installed as designed (no-changing heads) n monoxide alarms as carbon Check that MERV 8 filters are still being used Dryer exhaust connection is maintained Kitchen exhaust connection is maintained NA �Re__Circulating hoods over microwave ,77717,77 Unit Volume L1 > -Unit S. F 7777777777= �Cat tfjo Y" r 0a US C) ACH50 =CFM50 x 60 House Volume Auditor Name: Frank Celt Bela r Auditor Company: urs roe LLC Auditor Signature: www.run,brook-com fco�� .RunBrook 561-676-3375 Green Building- Energy Ratings -Incentives 500 Ocean Building Systems Audit Form ---------------------------------_T_ Project Name. 500 Ocean Builder Name: Morgan Boynton Beach, LLC Lot/Unit: Permit Office: Boynton Beach CRA I -T-/ Street- 101 S. Federal Highway, Boynton Beach,FL Date of Audit/Test: C 'N'OtWhro' �,,Ved Visual inspection of envelope.The following are caulked,gasketed, weather stripped, or sealed: a) Joints, seams, penetrations b) Windows, doors, skylights c) Openings between window and doors, jambs, frames Verify that showerheads and faucets remain installed as designed (no-changing heads) Check carbon monoxide alarms Check that MERV 8 filters are still being used Dryer exhaust connection is maintained ........... Kitchen exhaust connection is maintained NA Re-circulating hoods over microwave 7 7 Unit Volume Unit S. F Rli 4" g, S C) ..... .............................. 0'! ACH50 = C x 60 House Volume Auditor Name: I Frank Costaghola Auditor Company- LLC I RunBroo Auditor Signature. www.runbi,00k.com fcqsta�li L@runbrook-com RunBrook 561-676-337 5 Green Building- Energy Ratings Incentives 500 Ocean u®l Systems Audit Form Project Name: 500 Ocean Builder Name: Morgan Boynton Beach, LLC L ot—/L;n i—V. Permit Office: Boynton Beach CRA Street: 101 S. Federal Highway, Boynton Beach, Fate of Audits fest u, Ve Visual inspection of envelope.The following are caulked, gasketed, weather stripped, or sealed: a) Joints, seams, penetrations b) wiiii-dow-s, doors, skylights c) Openings between window and doors, 7 jambs, frames 4—� Verify that showerheads and faucets remain installed as designed (nochanging heads) Check carbon monoxide alarms "V Check that MERV 8 filters are still being used Dryer exhaust connection is maintained ............. �e hoods over microwave Kitchen exhaust connection is maintained -circulating NA 7 unitVolume Unit S. F , L € Pa 4W'f*,sjwr,0. calgs Few' L;C) Cy, ACH5,0 = CFM50 x 60 House Volume Auditor Nam Frank Costagliola Auditor company: RunBro LLC Auditor Signature: fr www.runbrook,com fcastaEfio i�runbr�ook-co�m RunBrook 561-676-3375 Green Bui[dmg- Enerpp Ratings -Incendves 50O Ocean Building Systems Audit Form Project Name: 500 Ocean Builder Name: Morgan Boynton Beach, LLC Lot/Unit: Permit Office: Boynton Beach CRA street: 1815. Federal Highway, Boynton Beach, FL Date of Audit/Test: 7? Visual inspection of envelope.The following are caulked, Basketed, weather stripped, or sealed: a) Joints, seams, penetrations Windows, doors, skylights Openings between windo� and dears, jambs, frames Verify that'showerheac15 and faucets remain installed 7,7 as ig s designed (no-changing heads) c ca r Check carbon monoxide alarms ........... Check that M 8 filters are still being used dryer exhaust connection is maintained Kitchen exhaust connection is maintained NA Re-circulating hoods over microwave al�7 7 Unit Volume Unit S. F V A prossluc-AS flow:CM501, m ACH50 CFMI50 x 60 House Volume Auditor Name: Frank Costaghola Auditor Company: RunBrook, LLC Auditor Signature: www,runbrook.corn fcost�� RunBrook 561-676-3375 Green 80ding- Energy Ratings -Incernves 500 Ocean .. 1l s Audit Form [ Project Name- 500 Ocean i Builder Name: Morgan Boynton each, LLC Lot/ nit: Permit Office: Boynton each CRA Crate 1015.Federal Highway, Boynton Beach, Fl. Die oT_Zd it/Test: WrWjid?, I N X16"ll*M$'i Visual Inspection of envelope.The following are caulked, ga5keted, weather stripped, or sealed: a) Joints, seams, penetrations V/ b) windows, doors, skylights c) Openings between window and doors, jambs, frames Verify that showerheads and faucets remain installed V74 as designed (no-changing heads) Check carbon monoxide alarms Check that MERV 8 filters are still being used Dryer exhaust connection is maintained FRe- ---------- Kitchen exhaust connection is maintained A Re-circulating hoods over microwave 1 7 unitvolume Unit S. F cals 190WW.�'Cfms C) 777",Za' 'Sao' ACH50 Cl 50 x 60f House Volume Auditor Name: I Frank Costaglicila �Auditor Company: i RunBroo LLC Auditor Signature: i www.runbrook.com fco a@runbrook.com RunBrook 561-676-3375 Green Buildmg- Ererp,y Pabngs -[ncentives, 500 Ocean Building Systems Audit Form Project Name: 500 Ocean 71Cuilder—Name: Morgan—Boynton Beach,—LLC —! Lot/Unit: i Permit Office: Boynton Beach CRA Street: 101 S. Federal Highway, Boynton Beach, FL Date of Audit/Test: Verified? S 'Visual inspection of envelope.The following are caulked,gasketed, weather stripped, or sealed: a) Joints, seams, penetrations 1 V/ b) Windows, doors, skylights F— C) openings between window and doors, Jambs,frames Verify that showerheads and faucets remain installed as designed (no-changing heads) Check carbon monoxide alarms Check that MERV 8 filters are still being used Dryer exhaust connection is maintained ............. Kitchen exhaust connection is maintained I NA Re-circulating hoods over microwave Unit Volume Unit S. F 1 L 3 -'e Tlovii,:, FMSQ )Q4 X 4 "R ACH50 FM50 x 60 House Volume of c) Auditor Name: Frank Costagliola Auditor r pany: RunBroa LLC _—C , ,7Auditor Signature- www.ruiibi-ook.com fcostaEj jola @ ru n b_roo k.co m -RunBrook 561-676-3375 Greeii BuOding - Energy Rabirigs -ynceroves 500 Ocean Building Systems Audit Form Project Name: 500 Ocean Builder Name: Morgan Boynton Beach, LLC Lot/Unit: Permit Office:Boynton Beach CRA )_fA_u d i t e s t—: (') Street: 101 S. Federal Highway, Boynton Beach, FL Date 2 mm_ xoiiV C #M. e Visual inspection of envelope.The following are -caulked, gasketed, weather stripped, or sealed: a) Joints, seams, penetrations V/ L............. b) Windows, doors, sky_hg_hts___ .............. c) Openings between window and doors, jambs, frames - Verify that showerheads and faucets remain installed as designed (no-changing heads) —------------------------- Check carbon monoxide alarms Check that MERV 8 filters are still being used 7 __'_ Dryer exhaust connection is maintained Gen exhaust connection is maintained NA Be-circulating hoods over microwave 7777777777, V;. ...... unit volume Unit S. F C) H Presspr R C> ............. ACH50 = CFM50 x 60 House Volume Auditor uitor N,ame4 Frank Ctgliola AuditorCompnyRunBro- LLC Auditor Signature: www.runbrook,conn fcostag�floa@ run brook.corn RunBrooKl "" g 561-676-3375 Green Building� Energy Ratings -Inc:erinves 500 Ocean Building Systems Audit Form Project Name: 500 Ocean Builder Name: Morgan Boynton Beach, LLC Lot/Unit: I Permit Office: Boynton Beach CRA Street: 101 S. Federal Highway, Boynton Beach, FIL Date of Zdit/Test- E,777,77- 4 N Visual inspection of envelope.The following are caulked, Basketed, weather stripped, or sealed: a) Joints, seams, penetrations b) Windows, doors, skylights d...... ........ ...... c) Openings between window and doors, jambs, frames -—------ Verify that showerheads and faucets remain installed as designed (no-changing heads) Check carbon monoxide alarms Check that MERV 8 filters are still being used Dryer exhaust connection is maintained Kitchen exhaust connection is maintained NA Re-circulating , hoods over microwave ,7-77777!7777777777= Pj '7 Re' r. , OW 'ZI111 W" T011, 4 Unit Volume Unit S. F i CAJ$ 140,usePressure.,pasFIOW-"UMSV�7 C) _ I ACH50= CFM50 x 60 House Volume Auditor e I Frank Costagliola Auditor Company. RunBr LLC Auditor Signature www.runb['00k,com i:costa�,ijola-@runt)rook.com RunBrooK"" 561-676-3375 Greer,Building - Energy Ratings -Incentives 500 Ocean Building Systems Audit Form Project Name: 500 Ocean BuildWName, Morgan Boynton Beach, LLC Lot/Unit: Permit Office: Boynton Beach CRA Cl street: 101 S. Federal Highway, Boynton Beach, Fl. Date of Audit/Test-. co, Veredi,I'l4late r. Visual inspection of envelope,The following are caulked, Basketed, weather stripped, or sealed: a) Joints, seams, penetrations b)-- in d o w s, W doors, skyl i—g h—ts c) Openings between window and doors, iambs, frames Verify that shower ends and faucets remain installed as designed (no-changing heads) Check carbon monoxi'de alarms V, Check that M ERV 8 filters are still being used Dryer exhaust connection is maintained Kitchen exhaust connection is maintained I SVA Re-circulating hoods over microwave oL 'X Unit Volume Unit S. F t Flow*.�-Cfmso"' A d 0 it pllrles�UiIli t 1 /7!') k si 1 c ACH50 CFM50 x 60/ House Volumerc, I�Aud!tor Name: Frank Costaghola .............. Auditor Company: j Runoo LLC ........... Auditor Signature- www,runbrook.corn fcas!�!�� RunBrook 561-676-3375 Green Building - Energy Ratings -Incentives 500 Ocean Building Systems Audit Form Project Marne: 500 Ocean I Builder Na e: Morgan Boynton Beach, LLC Lot/Unit: I Permit Office.- Boynton Beach CRA Street: 101 . Federal Highway, Boynton Beach, FL -date of Aucljt/TesiT S mme" Verified?, Visual inspection of envelope. The following are caulked,Basketed,,weather stripped, or sealed: ........... a) Joints, seams, penetrations b) Windows, doors, skylights .......... c) Openings between window and doors, jambs, frames Verify that showerheads and faucets remain installed as designed (no-changing heads) Check carbon monoxide alarms Check that MERV 8 filters are still being used Dryer exhaust connection is maintained ---—------ Kitchen exhaust connection is maintained NA Re-circulatm. ing hoods over microwave It Unit S. F Unit Volume 'ta Howe fte re:fts L;C) 77771 ACH50= CFM50 x 60/ House Volume TS ............... Auditor Name: Frank Costa Bola Auditor Company: il RunBroqk, LLC T Auditor Signature 1_7� �mw,runbrook.corn fcost�.gllo[aprunbrook'.corn RunBrookv 561-676-3375 Green Building- Energy Ratings -Gncentives 500 Ocean Building Systems Audit Form Project Name: 500 Ocean Builder Name: Morgan Boynton Beach, LLC Lot/Unit: Permit Office: Boynton Beach CRA - treet: 101 S. Federal Highway, Boynton Beach, FL Date of Audit/Test.. t -- ------------------- 'T Pdatis_ le,IRA$ J, Visual inspection of envelope.The following are caulked, Basketed, weather stripped, or sealed: a) Joints, seams, penetrations b) Windows, doors, skylights c) Openings between window and doors, Vz jambs, frames Verify that showerheads and faucets remain Installed as designed (no-changing heads) Check carbon monoxide alarms Check that MRV 8 filters are still being used Dryer exhaust connection is maintained l Itchen exhaust connection is maintained NA Re-circulating hoods over microwave it Unit Volume 'Unit S. F f low"47'A"' L;C) 14W ACH50 CFM50 x 60 J House Volume [Auditor Names FrankCostagliola Auditor Company: RunBroxj. LLC ' Auditor Sig nature: www,runbf,00k.com fco �L@runbrmook.co RunBrook 561-676-3375 Green Building- Enerp Ratings -Incentives 500 Ocean Building Systems Audit Form Fp_roject Name: 500 Ocean Builder Name- Morgan Boynton Beach, LLC -Leat/Unit: G Permit Office: Boynton Beach CRA Street: 1{15. Federal Highway, Boynton Beach, Fate of Audit/Test: e ,V -sed rffi I Visual inspection of envelope. The following are -caulked, gasketed, weather stripped, or sealed: ............ a) Joints, seams, penetrations b) Windows, doors, skylights c) Openings between window and doors, jambs, frames Verify that 5howerheads and faucets remain installedl .as designed (no-changing heads) Check carbon monoxide alarms rrarer .............. -–------—------ ............... ck that MERV 8 filters are still being used exhaust connection is maintained Kitchen exhaust connection is maintained NA Re-circulating hoodover microwave w I Unit Volume Unit S. F re", I�a ACH50 CFM50 x 60 House Volume '.4 Auditor Name- Frank Costaghola Auditor Company: RunBr r LLC Auditor Signature: I www.runbrook,com f�20�� RunBrook 561-676-3375 Green Building- Ererg,,/Ratings -Inc-,enf.,ves 500 Ocean Building Systems Audit Form Project Name: 500 Ocean j Builder Name. Morgan Boynton Beach, LLC .......... Lot/Unit: Permit Office: Boynton Beach C RA Street: 1015. Federal Highway, Boynton Beach, FL Date of Audit Test: Visual inspection of envelope.The following are caulked, Basketed, weather stripped, or sealed: a) Joints, seams, penetrations —--—------ T b) Windows, doors, skylights c) Openings between window and doors, jambs, frames Verify that showerheads and faucets remain installed as designed (no-changing heads) ...... Check carbon monoxide alarms Check that MERV 8 filters are still being used Dryer exhaust connection is maintained Kitchen exhaust connection is maintained NA Re-circulating hoods over microwave 1wsW,74— =7777777=1, 7777 ,6""' Unit S. Unit Volume F 7" -,CFM - ousO,Pressu atcalls i'lFlow:, 50, i3 L.......... ACH50 = CFM50 x 60 House Volume Auditor Name: Frank Costaghola Auditor Company: RunBroo' LLC Auditor Signature: Z;l vvww.runbrook.con'i fcostaje.liola@runbrook.coni ' R,unBrook 561-.676-3375 Green Budding- Energy Ratings -Incentives 500 Ocean Building . r Project Name: 500 Ocean Builder Name: Morgan Boynton Beach,LLC 'Lot/Unit, Permit Office: Boynton Beach CRA Street: 1015. Federal Highway, Boynton Beach, FL Date of Audit/fiesta Visual inspection of envelope. The following are caulked, gasketed, weather stripped, or sealed. i I a Joints, seams, penetrations I i bWindows, doors, skylights ................ c) Openings between window and doors, k, Jambs, frames I [Verify that shwerheads and faucets remain installed as designed (no-ganging... heads) Check carbon monoxide alarms --._. .. _...... .M.M.0 .. __..... ........ :heck that M RV g filters are still being used l [dryer exhaust connection is maintained Kitchen exhaust connection is maintained � NA fie-circulating foods over,microwave Unit S. F Unit Volume � r'� � ( I - - - I 's 49 ACH50 =CFM50 x 60/ House Volume Auditor Name: , Frank Costa lioia Auditor Company: I Runroe , LC Auditor Signature: I a j frlr "www,r-unbrook.co RunBrook"' fcosta,lioia@ runiarook.c.orn 561-676-3375 Green Budding- Enerp Ratings a Incentives 500 Ocean Building Systems Audit Form Project art7e: fro Qcean Builder Name: Morgan Boynton Beach,LLC —T Lot/Unit-. Permit Office: Boynton Beach CRA Street: 101 S. Federal Highway, Boynton Beach, FL Date of Audit/Test: Venified? wt `00 fas Visual inspection of envelope.The following are caulked, Basketed, weather stripped, or sealed:Joints, seams, penetrations b) Windows, doors, skylights and�— 00—'rs c) Openings between window jambs, frames ------ Verify that showerheads and f aucets�remain� installed as designed (no-changing heads) Check carbon monoxide alarms -Check that MERV 8 filters are still being used �Dryer exhaust connection is maintained ............ Kitchen exhaust connection is maintained NA Re-circulating hoods over microwave 6 MY- Unit Volume Unit S. F se F sials MSO FHOU Presspre.PO ACH50 CFMSO x 60 House Volume Auditor Narne- Frank Costalghula ........... Auditor company: I RunBroo' LLC —T...... Auditor Signature: ------------------- IJ 4 w w w.r u n b r o o k c o ni fcost�� RunBrooK"" 561-676 3375 Green Building- Energ} Ratings -Incentives 5,00 Ocean Building Systems Audit Form Project Name. 500 Ocean, Builder Narne: Morgan Boynton Beach, LLC Lot/Unit: err� it�Oifim Boynton Beach CRA 3 5 Street: 101 S. Federal Highway, Boynton Beach, FL Date of Audit/Test: Verified? J,14o�es/to Visual inspection of envelope.The following are caulked, gasketed, weather stripped, or sealed: T a) Joints, seams, penetrations b) Windows, doors, skylights c) Openings between window and doors, jambs,frames Verify that showerheads and faucets remain installed as designed (no-changing heads) ---------------------------- Check carbon monoxide alarms Check that MERV 8 filters are still being used Dryer exhaust connection is maintained Kitchen exhaust connection is maintained A Re-circulating hoods over microwave UnitVolume Unit S. F 77 urOr : aca d " se,P �,suo ' 4 :4 Is F P D 0 ACH50 CFM5O x 60 House Volume Auditor Name: Frank Co stagliola I Auditor Company: RunBroo LLC 77 Auditor Signature: www.ruiib�'ook.com RunBrookm fcostagrio[aoa runbrook.com 561-676-3375 Green Bulldmg- Energy Rabrigs ®Incentives 500 Ocean Building Systems Audit Form Project Name: SOB Ocean Builder Name: Morgan Boynton Beach, LLC Lot/Unit: Permit Office: Boynton Beach CRA Street: 101 S. Federal Highway, Boynton Beach, FL Gate of Audit/Test: i ........... . ....... Verified? Visual inspection of envelope.The following are caulked, gasketed, weather stripped, or sealed: a) Joints, seams, penetrations b) Windows, doors, skylights ................. c) Openings between window and doors, jambs, frames -Verify that showerheads and faucets remain installed 1 as designed (nochanging heads) Check carbon monoxide alarms Check that MERV 8 filters are still being used Dryer exhaust connection is maintained Kitchen exhaust conn,ection is maintained NABe-circulating hoods over microwave 77 Unit S. F Unit Volume 'H FM� ,P , ress, • iz I 61SQ, 4, 4 U, ............. ACH50 CFMSO x 60 House Volume Auditor Name: Frank Costagliola Auditor Company: RunBroo ,k, LLC Auditor Signature: www,ruiibrook.com fcostagliola@ runbrook.com RunBrook 561-676-3375 Green Building- Energy RatinEs -Incentives 500 Ocean Building Systems Audit Form Project Name: 500 Ocean Builder Narne: Morgan Boynton Beach, LLC Lot/Unit: Permit Offi ce: Boynton Beach CRA Street: 101 S. Federal Highway, Boynton Beach, FL Date of Audit/Test: "4 Visual inspection of envelope.The following are -caulked,gasketed, weather stripped, or sealed: a) Joints, seams, penetrations b) Windows, doors, skylights 17 c) Openings between window and doors, Jambs, frames Verify that showerheads and faucets remain installed Vz as designed (no-changing heads) Check carbon rnonoxide alarms .......... ........ Check that MERV 8 filters are still being used Dryer exhaust connection is maintained Kitchen exhaust connection is maintained i NA Re-circulating hoods over microwave Unit Volume Unit S. F Ll JR use als, 'flow"'OMW C) W Iffffff ACHSO CFM50 x 60 House Volume Auditor Name: Frank Costagliola Auditor Company. 1", Run B roe LLC Auditor Signature: www.runbrook.com fcostagliolaprunbrook.corn RunBrook' 561-676-3375 Green Building- Enern,Ratings lncendve�. 500 Ocean Building Systems Audit Form Project Name: 50Ocean Builder Name: Morgan Boynton Beach, LLC 'Lot/Unit: I Permit Office: Boynton Beach CRA "--T' Street. 101 S. Federal Highway, Boynton Beach, Fl. Date of Audit/ "est: #1 mv Visual inspection of envelope,The following are caulked, gasketed, weather stripped, or sealed: a) Joints, seams, penetrations b) Windows, doors, skylights c) Openings between window and doors, � Jambs,frames Verify that s howerheads and faucets remain installed as designed (no-changing heads) --------------------I r Check carbon monoxide alarms [Check that MERV 8 filters are still being used Dryer exhaust connection is maintained Itchen exhaust coNA connection is maintained Re-circulating hoods over microwave LI 14 ACH50 = CFM50 x 60 House Volume Frank Costaghola Auditor Name: Auditor -Compa ny: 1 RunBro LLC Auditor Signature. www.runbi-ook.coni fcostagliol i@run)rook,corn RunBrook 561-676-3375 Green Budding- Ener.-Y R@nFs -Inceronives 500 Ocean Building Systems Audit Form Project Name: 500 Ocean Builder Name: Morgan Boynton Beach, LLC Lot/Unit: i Permit Office: Boynton Beach CRA Street: 101 S. Federal Highway, Boynton Beach, FL Date of Audit/Test. 17 VerlfiedT� Visual inspection of envelope. The following are caulked, gasketed, weather stripped, or sealed: a) Joints, seams, penetrations ............ b) Windows, doors, skylights c) Openings between window and doors, Jambs, frames .............. Verify that showerheads and faucets remain installed ,V/ as designed (no-changing heads) Check carbon monoxide alarms —---------- T...... Check that MERV 8 filters are still being used Dryerexhaust connection is maintained t7z ave Kitchen exhaust connection is maintained NA Re-circulating hoods over microw Unit Volume Unit S. F /Q --77 ........... 7 7, Pre (;FM50 Se �ivre,.-,Patcalls C> —-AC 0 CFM50 x 60 House Volume Auditor Name Frank Costaghola Auditor Company: mm.I Burl Broo.- , LLC Auditor Signature- www.r-u�ibrook.coni fcostagcorn Ejunbrookco RunBrook 561-676-3375 Green Suildin�g- Encrgy Ratings -Incentives 500 Ocean Building Systems Audit Form Project ame: 0 Ocean I Builder Name: Morgan Boynton Beach, LLC N50 .Lot/Unit: Office. Boynton Beach CRA Street: 101 S. Federal Highway, Boynton Beach, FL Date of Audit/Test: s7 i 77 Visual inspection of envelope.The following are caulked, gasketed, weather stripped, or sealed: I a) Joints, seams, penetrations b) Windows, doors, skylights "7 c) Openings between window and doors, jambs, frames Verify that showerheads and faucets remain installed as designed (no-changing heads) Check carbon monoxide alarms Check that MERV 8 filters are still being used Z7 Dryer exhaust connection is maintained Kitchen exhaust connection is maintained I NA Re-circulating hoods over microwave .... ....... Unit Volume Unit S. F �,06w:'�CFM 50, 63 77 W I Tf�, ACH50= CFM50 x 60 House Volume .................. Auditor Name: _IFranta'kii'ola Auditor Company: 1 Rug roe LLC ............ Auditor Signature.: i M www.runbi,00k.coni fcostagliol�@run irook.com RunBrook S61-676-3375 Green Budding- �Energy Ratings -Inceninives 500 Ocean Building Systems Audit Form .Project Name: 500 Ocean Builder Name. Morgan, Boynton Beach, LLC Lot/Unit- Permit Office: Boynton Beach CRA Street: 101 S. Federal Highway, Boynton Beach, FL Date of Audit/Test: J," Veirified?We Visual inspection of envelope.The following are caulked, gasketed, weather stripped, or sealed: a) Joints, seams, penetrations b) Windows, doors, skylights C) Openings between winder and d ors, 7 jambs, frames Verify that showerhead5 and faucets remain installed as designed (no-changing heads) Check carbon monoxide alarms, .Check that MERV 8 filters are still being used Dryer exhaust connection is maintained -�'_- Kitchen exhaust connection is maintained Re-circulating hoods over microwave v'F Unit Volume Unit S. F 7 C 'wo 'te p 1;C) S 77� ACH50 = CFM50 x 60 House Volume -Au itr Name: Frank Costagliola Auditor Company: RunBroo LLC Auditor Signature: rj www.runbrook.corn f costa-kola@ ru nbrook.com RunBrook 561-676-3375 Green Building 4 Energy Ratings -lncenrves 500 Ocean Building Systems Audit Form .......... Project Name: 500 Ocean Builder Name: Morgan Boynton Beach, LLC Lot/Unit: TA Permit 6ffice: Boynton Beach CRA ............. �tl6l'S. Federal Highway, Boynton Beach, Fl. Date of Audit/Test: "Notes/ Verifie 7 Visual inspection of envelope, The following are caulked,Basketed, weather stripped, or sealed: a) Joints, seams., penetrations V/ b) Windows, doors, skylights c) Openings between window and doors, jambs, frames _ Verify that showerheads and faucets remain installed as designed (no-changing heads) Check carbon monoxide alarms Check that MERV 8 filters are still being used Dryer exhaust connection is maintained Kitchen exhaust connection is maintained --"'J'--N—A —Fie-circulating hoods over microwave Unit Volume Unit S. F FoW*X,FW1159 z w. lo 'g 1; C) 1450 ACH50 CFM50 x 60/ House Volume Auditor Name: Frank Costagilola Auditor Company: iRunBroo. LLC 0 Auditor Signature, 17 www.runbrook.com f Cos taE�� -RunB,rook 561-676-3375 Green Building- Enerp�Rabrigs -In entives, 500 Ocean Building Systems Audit Form Project Name: 500 Ocean Builder Name: Morgan Boynton Beach, LLC [—Lo- /�Uft: Permit Office:Boynton Beach CPA ' Street: 101 S. Federal Highway, Boynton Beach, FLDate of Audit/Test.- Visual inspection of envelope.The following are caulked, Basketed, weather stripped, or sealed: a) Joints, seams, penetrations b) Windows, doors,, skylights 7 c) Openings between window and doors, jambs, frames Verify that showerheads and faucets remain installed as designed (no-changing heads) ------- Check carbon monoxide alarms T Check that MERV 8 filters are still being used Dryer exhaust connection is maintained Kitchen exhaust connection is maintained-'---'--J�A e-circulating hoods over microwave !l lJr>Ilt Volume , 7 77 77�"7 L L ...........—A C „' 1 'S0 C F M-5,0—x6 0 blouse— V-o"'—Iu m e—= ;? Auditor Name- I Frank Cosh glily la .............. Auditor Company: i RunBroo LLC Auditor ;ignatureL Signature� www.run brook.com fcost4g�� RunBroo,k' 561-676-3375 Green Building- Enerp Ratings -InCenvves 500 Ocean Building Systems Audit Form Project Name: 50O Ocean Builder Name: Morgan Boynton Beach, LLC Lo /U rt: Permit Office: Boynton Beach CRA Street: 101 S. Federal Highway, Boynton Beach, FL Date of Audit/Test; A; 7717 co Vedfied?, Visual inspection of envelope.The following are caulked, Basketed, weather stripped, or sealed: a) Joints, seams, penetrations .......... b) Windows, doors, skylights C) Openings between window and doors, jambs, frames Verify that sho,werheads and faucets remain installed I as designed (no-changing heads) Check carbon monoxide alarms Check that l El filters are still being used Dryer exhaust connection is maintained ---------- Kitchen exhaust connection is maintained INA Re-circulating hoods over microwave unit Volume Unit S. F s -is Pree 4 sure*S P Fjow�,: C) ACHSO 4 CFMSO x 60 House Volume I Frank Costagliola Auditor Name: Auditor Com pany: RunBro LLC T_ Auditor Signature: 17 www.runbrook,com fcosta2liol _@runbrook.corn RunBrook 561-676-337 5 Green Budding- Energy Ratings - Incentives 500 Ocean Building Systems Audit Form Project Name: 560 Ocean Builder Name: Morgan Boynton each, LLC Lot/Unit: Pm t Office: Boy nton Beach CRA 111 Street: 101 S. Federal Highway, Boynton Beach, FL Date of Audit/Test: caulked, basketed, weather stripped, or sealed: � I' b) Windows, doors, skylights cJ Openings between window and doors, i� �� jambs, frames Verify that showerheads and faucets remain installed %e as designed (no-changing heads) ...... Check carbon monoxide alarms Check that MERV 8 filters are still being used Dryer exhaust connection is maintained ritch"en exhaust connection is maintained i NA Re-circulating hoods over microwave 77777'77�" 1,09 4, Unit Volume Unit S. F e F ,CIFM ibuse,,,Pres�u,riE�.Pa/ low. stals, C) ra-3 ACH50= CFM50 x 60/ House Volume 1 Auditor Name: Frank Costaghola u,dit o r�Co rn�pa n y: dun Brou.: LLC Auditor Signature- www.runbrook.corn fLC _ta rjola@run rook,�com b RunB'rook 561-676-3375 Green Buildoto - Energy Ratings lnce.-)ivps 500 Ocean Building Systems Audit Form Project Name: 500 Ocean 1 Builder Name: Morgan Boynton Beach, LLC �7_0ffi__ ce: Boynton Beach Lot/Unit: Permit h CRA Street: 101 S. Federal Highway, Boynton Beach, FIL Date of Audit/Test: "A N Verif Visual inspection of envelope. The following are caulked,Basketed,weather stripped, or sealed: ........... a) Joints, seams, penetrations 7 b) windows, doors, skylights c) openings between window and doors, V/ jambs, frames V, Verify that showerheads and faucets remain installed i as designed (no-changing heads) Check carbon monoxide alarms Check that MERV 8 filters are still being used Dryer exhaust connection is maintained g Kitchen exhaust connection is maintained NA Re-circulatinhoods over microwave Unit Volume Unit S. fai,W. ............... ACH50= CFM50 x 60 f House Volume rditAuditr oName: Frank Co,stagliola Auor r Auditor Company. Lin roe LLC Auditor signature: www.runbrook.coa fcostan E,fi a@runbrook,corri RunBrook S61-676-3375 Green Building- Energy}wring': .Incendves 50O Ocean Building Systems Audit Form I LLC Project Name 500 Ocean Builder Name: Morgan Boynton Beach, Lot/Unit: ___,�Permit Office: Boynton Beach CRA Street; 101 S. Federal Highwa y, Boynton Beach, Fl. ___FDate of Audit/Test; t 11 A11,; verifed It" Visual inspection of envelope,The following are caulked, Basketed, weather stripped, or sealed: a) Joints, seams, penetrations ........... b) Windows, doors, skylights c) Openings between window and doors, Vz jambs, frames Verify that showerheads and faucets remain installed as designed (no-changing heads) Check carbon monoxide alarms —- —------- -Check th—atM E R\iR filters a re still being u sed dryer-exhaust connection is'maintained Kitchen exhaust connection is maintained N,A Re-circulating hoods over microwave Unit Volume Unit S. F LA F1 p L A ,50 CFM50 x 60 House Volume Auditor Name- 1 Frank Costagliola LLC Auditor CompanunBro y: 7 Auditor Signature: www.runbrook.con'i fcost�� RunBrook' 561-676-3375 Green Buildir,g� Energy Ranngs -Incentive-s 500 Ocean Building Systems Audit Form Project 'a"me: 500 Ocean Builder Nance; Morgan Boynton Beach, LLC Lot/Unit. Boynton Beach CRA Street: 101 S. Federal Highway, Boynton Beach, FL I Date of Audit/Test: W ......... Visual inspection of envelope.The following are Ndws/comm ei caulked,basketed, weather striq�ped, or sealed; I � m _.. � — Joints, warns, penetratyons �. � c) Openings between window and doors, jambs, frames I Verify that showerheads and faucets remain installed as designed (no-changing heads) Check carbon monoxide alarms Check that MERV 8 filters are still being used Dryer exhaust connection is maintained Kitchen exhaust connection is maintained NA Re-circulating hoods over micros; t, M �I __W I Unit Volume Unit S. F se re _,abats Jflawl",t M,50 4 ACH50m CFM50 x 60 House Volume Auditor N+��, l' ame: Frank Cos,tagliola Auditor Company: I Rug roe LLC Auditor Signature: X" www,ruiibrook.co fcost�� m � RunBrook 561-676-3375 Green Sudding. Energy Ratings -Encenvves 500 Ocean Building Systems Audit Form Project Name: 500 Ocean Builder Name: Morgan Boynton Beach, LLC L 0 Project irt: Permit Office:Boynton Beach CRA Street: 1015. Federal Highway,Boynton Beach, FL Date of Audit/"est: Ve s/coml Ified n In 41 W Visual inspection of envelope.The following are caulked, gasketed, weather stripped, or sealed: a) Joints, seams,, penetrations b) Windows, doors, skylights Openings between window and doors, jambs,frames Verify that showerheads and faucets remain installed—" as designed (no-changing heads) Check carbon monoxide alarms Check that MERV 8 filters are still being used Dryer exhaust connection is maintained Kitchen exhaust connection is maintained INA Re-circulating hoods over microwave" - - I -- - 77 7 t0' Unit Volume Unit S. F R J * JKR,�&,'W"e 0 AWIR"" ACH50 CFM50 x 60/ House Volume Auditor Name- Frank Costagliola Auditor Company: I RunBroo JLC I—X1 at Auditor Sin atur ure: www.rui,ibrook.com fcosta�� RunBrook 561-676-3375 Green BuOding- Energy Ratings -Incentwes 500 ocean Building Systems Audit Form Project Narne- 500 Ocean 1, Builder Name'. Morgan Boynton Beach, LLC I Lot/Unit: C -------------------- 1 Permit Office: Boynton Beach CRA — t street. 101 S. Federal Highway, Boynton Beach, FIL Date of Au dit/Test: mrne, Visual inspection of envelope.The following are -caulked, gasketed,weather stripped, or sealed: ...... ...... a) Joints, sms, penetrations I b) Windows, doors, skylights c) Openings between window and doors, jambs, frames Verify that showerheads and faucets remain installed as designed-(no-changing heads) Check carbon monoxide alarms Check that MERV 8 filters are still being used Dryer exhaust connection is maintained Kitchen exhaust connection is maintained T NA Re-circulating hoods over microwave 7 7 Unit Volume Unit S. F IOW*rC ,- cals, W54 F i',Fres4,uw Pas 1; C) ACH50, CFlM50 x 60 House Volume Auditor Name: i Frank Costagliola Auditor Company: 'I Run7Broo LLC Auditor Signature: 7� www,runbrook.com fco�j�,riola@�runbr�ook.com� RunBrook 561-676-3375 Green Building- Enerp R@tings -Incentives COUNTY OF PALM BEACH: NOTICE OF TANGIBLE PERSONAL PROPERTY TAXES ACCOUNT NUMBER YEAR BILL NUMBER CMC ASSESSMENT LOCATION RETURN FILED 217380 2021 507350031 98 101 S FEDERAL Mar 23, 2021 ASSESSED VALUE EXEMPTION VALUE MIII RA N%F`"VA W KFAIR9'111111I III 703,192 25,000 T500 OCEAN LUXURY APARTMENT HOMES ASSESSED PENALTY TAXABLEVALUE SKYE AT BOYNTON BEACH LLC 678,192 650 NORTHLAKE BLVD STE 450 ALTAMONTE SPRINGS FL 32701-6175 II�III�I'I�II�I'I'��III�'I'I�'�II��II��I"III'llll�lll'I�'ll�� ANNE M. G AN N O N ____ CONSTITUTIONAL TAX COLLECTOR Serving Patin Beach County Serving you. www.pbctax.com I ®Q Qo @TAXPBC 2021 TANGIBLE PERSONAL PROPERTY TAX BILL READ REVERSE SIDE BEFORE CALLING AD VALOREM TAXES READ REVERSE SIDE BEFORE CALLING TAXING AUTHORITY TELEPHONE MILLAGE TAX AMOUNT COUNTY 561-355-3996 4.7815 3,242.78 COUNTY DEBT 561-355-3996 0.0334 22.65 CITY OF BOYNTON BEACH 561-742-6312 7.8900 5,350.93 CHILDRENS SERVICES COUNCIL 561-740-7000 0.6233 422.72 F.I.N.D. 561-627-3386 0.0320 21.70 PBC HEALTH CARE DISTRICT 561-659-1270 0.7261 492.44 SCHOOL LOCAL 561-434-8837 3.2480 2,202.77 SCHOOL STATE 561-434-8837 3.6270 2,459.80 SFWMD EVERGLADES CONST PROJECT 561-686-8800 0.0365 24.75 SO FLA WATER MANAGEMENT DIST. 561-686-8800 0.1061 71.96 SO FLA WATER MGMT-OKEE BASIN 561-686-8800 0.1146 77.72 TOTAL AD VALOREM 14,390.22 AMOUNT DUE WHEN RECEIVED BY NOV 30,2021 DEC 31,2021 JAN 31,2022 FEB 28,2022 MAR 31,2022 $13,814.62 $13,958.51 $14,102.42 $14,246.32 $14,390.22 TAXES ARE DELINQUENT APRIL 1,2022 4% 3% 2% 1% NO DISCOUNT DETACH HERE **SEE REVERSE SIDE FOR INSTRUCTIONS AND INFORMATION** DETACH HERE COUNTY OF PALM BEACH: NOTICE OF TANGIBLE PERSONAL PROPERTY TAXES ACCOUNTNUMBER YEAR BILL NUMBER 217380 2021 507350031 500 OCEAN LUXURY APARTMENT HOMES SKYE AT BEACH LLC 650 S NORTOHLAKOENBLVD TE 50 20215073500310014390227 ALTAMONTE SPRINGS FL 32701 LOCATION P.O.BOX 3353 MAKE PAYMENT TO: 101 S FEDERAL WEST PALM BEACH,FL 33402-3353 TAX COLLECTOR,PALM BEACH COUNTY AMOUNT DUE WHEN RECEIVED BY NOV 30,2021 DEC 31,2021 JAN 31,2022 FEB 28,2022 MAR 31,2022 TAXES ARE DELINQUENT $13,814.62 $13,958.51 $14,102.42 $14,246.32 $14,390.22 4% 3% 2% 1% NO DISCOUNT APRIL 1,2022 TPP BILL 10/07/2021 2021 TANGIBLE PERSONAL PROPERTY TAX BILL (KEEP THIS PORTION FOR YOUR RECORDS) ANNE M G AN N O N CONSTITUTIONAL TAX COLLECTOR _ IMPORTANT INSTRUCTIONS Serving Palm Beach County Serving you. www.pbctax.com I MC3 @TAXPBC 2021 TANGIBLE PERSONAL PROPERTY TAX BILL This bill includes AD VALOREM TAXES for the current tax year. Discounts are shown on the front of this bill. QUESTIONS TANGIBLE PERSONAL PROPERTY TAX PAYMENT Constitutional Tax Collector • Payment must be made in full and in U.S.funds. Prepares and mails TAX BILLS. For • Payment must be received in our office by the due date printed on the front of this bill. answers to most questions,visit • Payment is subjectto verification and receipt of funds.Afee is applied for dishonored funds. www.pbctax.com, email • For the latest requirements when visiting our office in-person,visit www.pbctax.com. ClientAdvocate@pbctax.com or PAYMENT OPTIONS call 561-355-2264. • ECHECK(Online Only) 24/7 at www.pbctax.com. eCheck is FREE(email transaction Note: If this property was sold,please notify notice serves as confirmation). us at www.pbctax.com/tpppropertysold • CREDIT/DEBIT CARD A 2.4%Convenience Fee Will Apply($2.00 minimum).Convenience and complete a Tangible Personal fees are collected by the credit/debit card vendor and not retained by our office(email Property Tax Contact Form. transaction notice serves as online receipt). • BANK ONLINE BILL PAY Use your bank's bill payservice.Include the 6-digitAccount Number on the payment.Mail delivery and bank processingtimes vary.Please allow ample time Property Appraiser (confirmation from your bill pay service serves as receipt). Prepares the AD VALOREM TAX ROLL. • DROP OFF BOX At any service center from 8:15 AM to 5:00 PM, Monday-Friday For questions about assessed value, (canceled check serves as receipt). exemptions,taxable value, assessed owner's name,address and legal • MAIL Detach the stub below and return with payment. DO NOT TAPE, FOLD,STAPLE, description, call 561-355-2896. PAPER CLIP OR WRITE ON PAYMENT STUB.Write your 6-digit Account Number on your payment. Use the enclosed return envelope with the Tax Collector address showing in the return envelope window(canceled check serves as receipt). Taxing Authorities • WIRETRANSFERVisitourwebsiteatwww.pbctax.com/wires for instructions. Set the AD VALOREM MILLAGE RATES. DELINQUENT TAX INFORMATION See telephone numbers listed on front FLORIDASTATUTE197.413:Tax Warrants will beissuedonallunpaid personal propertytaxes.Propertymof bill for questions about assessment ay amounts and services provided. be seized and sold to pay the delinquent taxes. • TANGIBLE PERSONAL PROPERTY TAXES are delinquent APRIL 1. • Interest accrues up to 1.5% per month (18%annually). Levying Authorities • Interest and associated costs for delinquent taxes are determined by the date Determine the NON-AD VALOREM payment is received. Postmark date is not proof of payment. ASSESSMENTS. • Collections are by Revenue Recovery Solutions Inc.This outside collector does not receive tax dollars for payment.The company charges a 20%collection fee to the total gross taxes due. (DETACH HERE) DO NOT TAPE, FOLD, STAPLE, PAPER CLIP OR WRITE ON THIS PAYMENT STUB TO AVOID PAYMENT PROCESSING DELAYS INCLUDE THIS STUB WITH PAYMENT Make payment to: Tax Collector, Palm Beach County Please include the 6-digit Account Number on your payment. Place this stub and your payment in the enclosed return envelope. The Constitutional Tax Collector's address must show in the return envelope window. TPP BILL 10/07/2021 KeyBank Corporate Banking Statement P.O.Box 93885 March 25, 2022 Cleveland,OH 44101-5885 page 1 of 5 769681109542 108 31 T 968 00000 I 00 AO AVANTI RESIDENTIAL-500 OCEAN Questions or comments? TIC III, LLC Call 1-800-821-2829 AVANTI RESIDENTIAL TRUST-OP 1700 BROADWAY STE 620 DENVER CO 80290-1702 Commercial Transaction 769681109542 AVANTI RESIDENTIAL-500 OCEAN Beginning balance 2-25-22 $490,475.35 TIC III, LLC 56 Additions +749,983.97 AVANTI RESIDENTIAL TRUST-OP 137 Subtractions -662,675.19 Ending balance 3-25-22 $577,784.13 Additions Deposits Date Serial# Source 2-28 Direct Deposit, Capital realestatsettlement $29,197.40 2-28 Direct Deposit, Capital realestatsettlement 3,522.33 2-28 Direct Deposit, Yardi Card Dep 5001-Optra 350.00 3-1 Direct Deposit, Capital realestatsettlement 18,104.19 3-1 Direct Deposit, Yardi Card Dep 5001-Optra 2,781.14 3-2 Direct Deposit, Capital realestatsettlement 33,721.57 3-2 Direct Deposit, Capital realestatsettlement 12,532.29 3-2 Direct Deposit, Yardi Card Dep 5001-Optra 1,000.00 3-3 Direct Deposit, Capital realestatsettlement 142,649.27 3-3 Direct Deposit, Yardi Card Dep 5001-Optra 21,019.89 3-3 Direct Deposit, Capital realestatsettlement 18,839.14 3-3 Direct Deposit, Yardi Card Dep 5001-Optra 8,259.58 3-3 Direct Deposit, Yardi Card Dep 5001-Optra 6,427.39 3-4 Direct Deposit, Capital realestatsettlement 33,634.34 3-4 Direct Deposit, Yardi Card Dep 5001-Optra 27,744.96 3-4 Direct Deposit, Capital realestatsettlement 1,998.45 3-7 Direct Deposit, Yardi Card Dep 5001-Optra 84,088.71 3-7 Direct Deposit, Capital realestatsettlement 69,629.50 3-7 Direct Deposit, Capital realestatsettlement 8,582.62 3-7 Direct Deposit, Capital realestatsettlement 6,201.90 3-8 Direct Deposit, Yardi Card Dep 5001-Optra 38,289.16 3-8 Direct Deposit, Capital realestatsettlement 4,191.00 3-8 Direct Deposit, Yardi Card Dep 5001-Optra 203.95 3-9 Direct Deposit, Yardi Card Dep 5001-Optra 49,910.81 3-9 Direct Deposit, Capital realestatsettlement 10,880.29 769681109542 - 00618 71 Corporate Banking Statement March 25, 2022 page 2 of 5 769681109542 Additions (con't) Deposits Date Serial# Source 3-10 Direct Deposit, Yardi Card Dep 5001-Optra 20,889.18 3-10 Direct Deposit, Yardi Card Dep 5001-Optra 10,660.58 3-10 Direct Deposit, Capital realestatsettlement 66.00 3-11 Direct Deposit, Capital realestatsettlement 10,420.17 3-11 Direct Deposit, Yardi Card Dep 5001-Optra 4,210.66 3-11 Direct Deposit, Capital realestatsettlement 2,427.45 3-14 Direct Deposit, Yardi Card Dep 5001-Optra 3,958.77 3-14 Direct Deposit, Capital realestatsettlement 2,759.83 3-14 Direct Deposit, Capital realestatsettlement 148.37 3-15 Direct Deposit, Capital realestatsettlement 2,971.90 3-16 Direct Deposit, Capital realestatsettlement 1,406.00 3-16 Direct Deposit, Capital realestatsettlement 41.00 3-17 Direct Deposit, Yardi Card Dep 5001-Optra 4,708.97 3-17 Direct Deposit, Yardi Card Dep 5001-Optra 3,714.00 3-17 Direct Deposit, Capital realestatsettlement 3,042.00 3-17 Direct Deposit, Yardi Card Dep 5001-Optra 450.00 3-18 Direct Deposit, Capital realestatsettlement 2,751.23 3-18 Direct Deposit, Yardi Card Dep 5001-Optra 1,540.50 3-21 Direct Deposit, Capital realestatsettlement 9,421.81 3-21 Direct Deposit, Yardi Card Dep 5001-Optra 3,594.97 3-21 Direct Deposit, Capital realestatsettlement 1,275.00 3-21 Direct Deposit, Pay Ready, Inc. Bill.Com 844.35 3-21 Direct Deposit, Capital realestatsettlement 400.00 3-23 Direct Deposit, Capital realestatsettlement 3,124.61 3-23 Direct Deposit, Capital realestatsettlement 2,270.45 3-23 Direct Deposit, Yardi Card Dep 5001-Optra 2,244.84 3-23 Direct Deposit, Yardi Card Dep 5001-Optra 2,199.46 3-24 Direct Deposit, Yardi Card Dep 5001-Optra 3,298.69 3-24 Direct Deposit, Yardi Card Dep 5001-Optra 741.00 3-25 Direct Deposit, Yardi Card Dep 5001-Optra 8,195.84 3-25 Direct Deposit, Capital realestatsettlement 2,446.46 Total additions $749,983.97 Subtractions Paper Checks 'check missing from sequence Check Date Amount Check Date Amount Check Date Amount 485 3-1 $237.91 661 2-28 347.75 673 3-3 168.23 *516 3-24 593.32 662 3-2 2,996.00 674 2-28 713.60 *585 3-24 489.70 663 3-2 2,744.00 675 3-1 92.79 *642 3-3 92.01 664 3-3 4,289.63 676 3-7 693.04 *648 3-1 570.00 665 3-4 7,890.00 677 3-3 10,636.31 *654 3-3 4,928.42 666 3-1 920.00 678 3-7 150.64 655 2-28 4,960.76 667 3-23 2,388.77 679 3-4 279.93 656 2-28 1,099.82 668 3-1 3,995.00 680 3-11 1,320.00 657 3-3 31.03 669 3-1 1,138.55 681 3-4 620.00 658 3-2 191.25 670 3-3 677.84 682 3-7 950.00 659 3-3 899.00 671 3-3 175.00 683 3-7 1,671.60 660 3-1 190.00 672 3-3 365.94 684 3-10 350.00 769681109542 - 00618 71 Corporate Banking Statement *ON. March 25, 2022 page 3 of 5 769681109542 Subtractions (con't) Paper Checks 'check missing from sequence Check Date Amount Check Date Amount Check Date Amount 685 3-2 227.20 709 3-15 362.66 733 3-21 45.00 686 3-14 155.79 710 3-15 219.90 734 3-22 680.00 687 3-4 22.57 711 3-14 199.00 735 3-18 5,316.18 688 3-9 1,036.62 712 3-14 384.00 *737 3-17 250.00 689 3-10 631.89 713 3-16 1,800.00 *740 3-18 299.00 690 3-9 221.06 714 3-11 750.00 741 3-21 384.69 691 3-7 165.00 715 3-11 445.68 742 3-24 284.01 692 3-8 184.58 716 3-17 2,634.24 743 3-21 49.39 693 3-9 53.50 717 3-15 750.00 744 3-25 71.16 694 3-9 311.37 718 3-15 920.70 745 3-22 847.39 695 3-9 112.35 719 3-16 85.00 746 3-21 140.00 696 3-11 206.62 720 3-14 277.13 747 3-21 813.00 697 3-9 1,038.95 721 3-16 351.30 748 3-24 49.89 698 3-15 289.85 722 3-15 900.00 749 3-22 2,996.00 699 3-14 6.06 723 3-15 241.95 750 3-21 1,233.68 700 3-9 1,925.10 724 3-14 165.85 751 3-22 4,372.02 701 3-10 500.00 725 3-17 203.28 752 3-23 23,536.80 702 3-9 2,996.00 726 3-14 963.19 753 3-23 65.52 703 3-10 975.00 727 3-14 378.58 *755 3-23 2,900.00 704 3-9 2,064.55 728 3-21 3,822.04 756 3-23 2,387.00 705 3-9 389.80 729 3-18 2,250.00 757 3-22 580.50 706 3-11 2,675.00 730 3-14 436.62 758 3-25 191.25 707 3-23 1,070.00 731 3-14 897.00 *760 3-25 70.00 708 3-11 3,197.60 732 3-23 2,064.55 761 3-25 365.00 Paper Checks Paid $149,744.45 Withdrawals Date Serial# Location 2-28 920467 Wire Withdrawal 101 S Federal HI 3280 $90,958.33 2-28 Direct Withdrawal, Capitalre-5001-Osettlement 10,901.54 3-1 Direct Withdrawal, Yardi Card Dep 5001-Optra 350.00 3-1 Direct Withdrawal, Conservice Llc 20220228 28.77 3-2 Direct Withdrawal, Fla Dept Revenuec0l 2,633.38 3-2 Direct Withdrawal, Fla Dept Revenuec0l 2,602.20 3-2 Direct Withdrawal, Emburse.Com Emburse.CO 830.25 3-2 Direct Withdrawal, Capital realestatreturn 350.00 3-2 Direct Withdrawal, Capitalre-5001-Osettlement 164.43 3-3 Direct Withdrawal, Conservice Llc 20220302 8,405.58 3-3 Direct Withdrawal, Capitalre-5001-Osettlement 53.14 3-7 Direct Withdrawal, Capitalre-5001-Osettlement 396.00 3-8 Direct Withdrawal, Capitalre-5001-Osettlement 42,895.87 3-8 Direct Withdrawal, Capital realestatreturn 4,769.86 3-8 Direct Withdrawal, Conservice Llc 20220307 1,307.61 3-9 Direct Withdrawal, Bpc Clearing Ntr5 259,791.21 3-10 Direct Withdrawal, Conservice Llc 20220309 345.77 3-15 Direct Withdrawal, Conservice Llc 20220314 34,731.01 3-15 Direct Withdrawal, Constitutional Tb2P*Palm B 14,390.22 3-16 Direct Withdrawal, Capital realestatreturn 2,770.42 3-17 Direct Withdrawal, Capitalre-5001-Osettlement 591.66 3-17 Direct Withdrawal, Conservice Llc 20220316 46.76 769681109542 - 00618 71 Corporate Banking Statement March 25, 2022 page 4 of 5 769681109542 Subtractions (con't) Withdrawals Date Serial# Location 3-22 Direct Withdrawal, Conservice Llc 20220321 1,255.88 3-22 Direct Withdrawal, Capital realestatreturn 350.00 3-23 Direct Withdrawal, Capitalre-5001-Osettlement 1,005.81 3-25 Direct Withdrawal, Capitalre-5001-Osettlement 24,383.44 3-25 Direct Withdrawal, Conservice Llc 20220323 13.60 Transfers Date Serial# Destination 2-28 Trf To DDA 0000769681109559 0618 $3,960.00 3-25 Trf To DDA 0000769681109559 0618 2,648.00 Total subtractions $662,675.19 Fees and charges See your Account Analysis statement for details. 769681109542 - 00618 71 3/28/22, 11:51 AM Bill Detail 0ServTits Anne M.Gannon - Constitutional Tax Collector CONSTITUTIONAL TAX COLLECTOR ing Palm Beach County we,vinx Palm Peach Caru:fy P.O.Box 3353 Serving you. West Palm Beach,FL 33402-3353 items Total Checkout View Property Control Number Property Type Status 217380 Personal Property Active Mailing Address: Property Address: 500 OCEAN LUXURY APARTMENT HOMES 101 S FEDERAL 650 S NORTHLAKE BLVD STE BOYNTON BEACH FL 33435 ALTAMONTE SPRINGS , FL 32701 Owner of Record Deed Number: 500 OCEAN LUXURY APARTMENT HOMES 0 Tax Authority 0898-CITY OF BOYNTON BEACH Ad Valorem Gross Tax Credit Net Tax Savings CITY OF BOYNTON BEACH $5,350.93 $0.00 $5,350.93 $0.00 COUNTY $3,265.43 $0.00 $3,265.43 $0.00 SO FLA WATER MANAGEMENT DIST. $174.43 $0.00 $174.43 $0.00 SCHOOL $4,662.57 $0.00 $4,662.57 $0.00 CHILDRENS SERVICES COUNCIL $422.72 $0.00 $422.72 $0.00 F.I.N.D. $21.70 $0.00 $21.70 $0.00 PBC HEALTH CARE DISTRICT $492.44 $0.00 $492.44 $0.00 Sub Total $14,390.22 $0.00 $14,390.22 $0.00 Total Tax $14,390.22 $0.00 $14,390.22 $0.00 -- --- ---- - --- - .........- - - _._ --_.._ _._._._ _-- Due Date Bill Year Tax Discount Penalty/Fee Interest Total Due Total !Due, ......................_................. ...... _ — - -- — - -- ...._------. — --._.— ......_.._.... __ Bill Bill Receipt Amount Last Paid Paid By Year Number Number Paid 2021 507350031 B22.493703 $14,390.22 3/11/2022 AVANTI RESIDENTIAL - 500 OCEAN TIC III, LLC https://pbctax.manatron.com[Tabs/Tangib[eTax/AccountDetail/billdetail.aspx?p=217380&a=2794689&b=507350031&y=2021&t=23994332 1/1 3/11/22, 11:10 AM Bill Detail column. ** This Icon .�,, indicates delinquent taxes and the tax bill cannot be paid on-line at this time. It may also indicate a recent TDA where additional fees are required. Contact our office at 561-355-2264 or email ClientAdvocate@pbctax.com for additional details. Bill Bill Receipt Amount Paid Last Paid Paid By Year Number Number 2021 101353312 822.268916 $1,203,672.64 11/24/2021 CORELOGIC COMMERCIAL REAL ESTATE https://pbctax.manatron.com/Tabs/Prope rtyTax/AccountDetail/BiIIDetai1.aspx?p=08-43-45-28-03-007-0010&a=1146983&b=101353312&y=2021&t=236... 2/2 3/11/22, 11:10 AM Bill Detail ANNE M. G A N iN O N Anne M.Gannon Constitutional Tax Collector +f.Y CONSTITUTIONAL eax County Serving Palm Beach County Serrt��ng Palm I3e:ac7r fbrrnty P.O.BOX 3353 Serving you, West Palm Beach,FL 33402-3353 -- --- ......- _.._.-. - iLerns Total Checkout View -...............--- - ..._._------- _. _ -- _.. Property Control Number Property Type Status 08-43-45-28-03-007-0010 Real Property Active Mailing Address: Property Address: AVANTI RESIDENTIAL 500 OCEAN TIC I LLC 101 S FEDERAL HWY 1700 BROADWAY STE 620 BOYNTON BEACH FL 33435 DENVER , CO 80290-1702 Geo CD: Deed Number: 0 Legal Description TOWN OF BOYNTON ALL OF BLK 7 & 12 IN PB1P23, ALL OF TOWN OF BOYNTON REV PL OF BLK 12 IN PB15P18 & PT OF ABND SE 2ND AVE, OCEAN AVE & SE 4TH ST R/WS LYG ADJ TO -._.-------------e- ---.. --._...... ------ --- _.._ -----------.__ ---- - - Ad Valorem Gross Tax Credit Net Tax Savings CITY OF BOYNTON BEACH $436,974.73 $0.00 $436,974.73 $0.00 COUNTY $266,665.35 $0.00 $266,665.35 $0.00 SO FLA WATER MANAGEMENT DIST. $14,244.59 $0.00 $14,244.59 $0.00 SCHOOL $380,760.62 $0.00 $380,760.62 $0.00 CHILDRENS SERVICES COUNCIL $34,520.45 $0.00 $34,520.45 $0.00 F.1.N.D. $1,772.27 $0.00 $1,772.27 $0.00 PBC HEALTH CARE DISTRICT $40,213.86 $0.00 $40,213.86 $0.00 Sub Total $1,175,151.87 $0.00 $1,175,151.87 $0.00 Non Ad Valorem Gross Tax Credit Net Tax Savings SOLID WASTE AUTHORITY OF PBC $33,133.80 $0.00 $33,133.80 $0.00 BOYNTON BEACH FIRE RESCUE ASSESSMENT $45,540.00 $0.00 $45,540.00 $0.00 Sub Total $78,673.80 $0.00 $78,673.80 $0.00 Total Tax $1,253,825.67 $0.00 $1,253,825.67 $0.00 -. - ------ _ _ Period Bill Number Due Date Bill Year Tax Discount Penalty/Fee Interest Total Due INST 1 101353312 3/31/2022 2021 $0.00 $0.00 $0.00 $0.00 $0.00 Total Due-, $0.00 $0.00 $0.00 $0.00 $0.00 Tax Certificates Payments made between 5/31 - 6/7 of any year indicates the purchase of a Tax Certificate for delinquent taxes. Tax Certificate purchase(s) ARE 140 a payment of taxes. "Paid By" information displays the name of the Tax Certificate purchaser. If a bill number begins with a year (i.e. 2020-001234), a Tax Certificate was sold for delinp ent propertytaxes. The amount due is shown above in the "Tax Installment" section under the Total Due https:Hpbctax.manatron.com/Tabs/PropertyTax/AccountDetail/BillDetaii.aspx?p=08-43-45-28-03-007-0010&a=1146983&b=101353312&y=2021&t=236... 1/2 COUNTY OF PALM BEACH: NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS PROPERTY CONTROL NO. YEAR BILL NO. CMC APPLIED EXEMPTION(S) LEGAL DESCRIPTION 08-43-45-28-03-007-0010 2021 101353312 98 TOWN OF BOYNTON ALL OF BLK 7 &12 IN PB1 P23,ALL OF TOWN OF BOYNTON REV PL OF BLK 12 IN Mill PB15P18&PT OF ABND SE 2ND AVE,OCEAN AVE&SE 4TH ST RMS LYG ADJ TO RRI, AVANTI RESIDENTIAL 500 OCEAN TIC I LLC ANNE M. G AN N O N AVANTI RESIDENTIAL 500 OCEAN TIC II LLC 1700 BROADWAY STE 620 �I CONSTITUTIONAL TAX COLLECTOR w DENVER CO 80290-1702 Serving Palm Beach County I'll"IIIIIIIIIIIIIIIIIIIIII'1111'11'111'11'111111"'1111"'11111Serving Jou. www.pbctax.com I®©Qo @TAXPBC 2021 REAL ESTATE PROPERTY TAX NOTICE READ REVERSE SIDE BEFORE CALLING AD VALOREM TAXES READ REVERSESIDEBEFORECALLING TAXING AUTHORITY TELEPHONE ASSESSED EXEMPTION TAXABLE MILLAGE TAX AMOUNT COUNTY 561-355-3996 55,383,363 55,383,363 4.7815 264,815.55 COUNTY DEBT 561-355-3996 55,383,363 55,383,363 0.0334 1,849.80 CITY OF BOYNTON BEACH 561-742-6312 55,383,363 55,383,363 7.8900 436,974.73 CHILDRENS SERVICES COUNCIL 561-740-7000 55,383,363 55,383,363 0.6233 34,520.45 F.I.N.D. 561-627-3386 55,383,363 55,383,363 0.0320 1,772.27 PBC HEALTH CARE DISTRICT 561-659-1270 55,383,363 55,383,363 0.7261 40,213.86 SCHOOL LOCAL 561-434-8837 55,383,363 55,383,363 3.2480 179,885.16 SCHOOL STATE 561-434-8837 55,383,363 55,383,363 3.6270 200,875.46 SFWMD EVERGLADES CONST PROJECT 561-686-8800 55,383,363 55,383,363 0.0365 2,021.49 SO FLA WATER MANAGEMENT DIST. 561-686-8800 55,383,363 55,383,363 0.1061 5,876.17 SO FLA WATER MGMT-OKEE BASIN 561-686-8800 55,383,363 55,383,363 0.1146 6,346.93 TOTAL AD VALOREM 1,175,151.87 READ REVERSE SIDE BEFORE CALLING NON-AD VALOREM ASSESSMENTS READ REVERSE SIDE BEFORE CALLING LEVYING AUTHORITY TELEPHONE RATE AMOUNT BOYNTON BEACH FIRE RESCUE ASSESSMENT 561-742-6312 45,540.00 45,540.00 SOLID WASTE AUTHORITY OF PBC 561-640-4000 33,133.80 33,133.80 TOTAL NON-AD VALOREM 78,673.80 TOTAL AD VALOREM AND NON-AD VALOREM COMBINED 1,253,825.67 ****INFORMATIONAL NOTICE**** THE ORIGINAL TAX BILL WAS SENT TO YOUR ESCROW AGENT/LOAN SERVICER FOR PAYMENT DETACH HERE **SEE REVERSE SIDE FOR INSTRUCTIONS AND INFORMATION** DETACH HERE COUNTY OF PALM BEACH: NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS PROPERTY CONTROL NO. YEAR BILL NO. 08-43-45-28-03-007-0010 2021 101353312 AVANTI RESIDENTIAL 500 OCEAN TIC I LLC AVANTI RESIDENTIAL 500 OCEAN TIC II LLC 1700 STE DENVEROADWAY CO80290-1702 0 20211013533121253825679 LEGAL DESCRIPTION INFORMATIONAL NOTICE TOWN OF BOYNTON ALL OF BLK 7&12 IN P.O.BOX 3353 PLEASE READ THE REVERSE SIDE PB1 P23,ALL OF TOWN OF BOYNTON REV PL WEST PALM BEACH,FL 33402-3353 OF BLK 12 IN PB15P18&PT OF ABND SE 2ND AVE,OCEAN AVE&SE 4TH ST RAMS LYG AMOUNT DUE WHEN RECEIVED BY NOV 30,2021 DEC 31,2021 JAN 31,2022 FEB 28, 2022 MAR 31,2022 $1,203,672.64 $1,216,210.90 $1,228,749.16 $1,241,287.42 $1,253,825.67 TAXES ARE DELINQUENT 4% 3% 2% 1% NO DISCOUNT APRIL 1,2022 RE INFO Bill 10/07/2021 2021 REAL ESTATE PROPERTY TAX NOTICE (KEEP THIS PORTION FOR YOUR RECORDS) ANNE M. G AN N O N =, CONSTITUTIONAL TAX COLLECTOR INFORMATIONAL NOTICE - IMPORTANT Serving Palm Beach County Serving you, www.pbctax.com I ®Q Qo @TAXPBC 2021 REAL ESTATE PROPERTY TAX NOTICE This INFORMATIONAL NOTICE includes AD VALOREM TAXES and NON-AD VALOREM ASSESSMENTS for the current tax year.The original tax bill was sent to your escrow QUESTIONS agent/loan servicer. Discounts are shown on the front of this notice. Constitutional Tax Collector REAL ESTATE PROPERTY TAX PAYMENT Prepares and mails TAX BILLS. For • Payment must be made in full and in U.S.funds. answers to most questions,visit • Payment must be received in our office by the due date printed on the front of this notice. www.pbctax.com, email • Payment is subject to verification and receipt of funds.Afee is applied for dishonored funds. ClientAdvocate@pbctax.com or • For the latest requirements when visiting our office in-person,visit www.pbctax.com. call 561-355-2264. OPTIONSPAYMENT oe: If this property was sold,please • ECHECK(Online Only)24/7 at www.pbctax.com.eCheck is FREE(email transaction notify us at www.pbctax.com/propertysold notice serves as confirmation). and complete a Property Tax Contact Form. • CREDIT/DEBIT CA A 2.4%Convenience Fee Will Apply($2.00 minimum).Convenience fees are collected by the credit/debit card vendor and not retained by our office(email transaction notice serves as online receipt). Property Appraiser • BANKONUNE BILL PAY Use your bank's bill pay service.Enterthe 17-digit Property Control Prepares the AD VALOREM TAX ROLL. Number(no dashes)as account number.Mail delivery and bank processingtimes vary. For questions about assessed value, Please allow ample time(confirmation from your bill pay service serves as receipt). exemptions,taxable value, assessed • DROP OFF BOX At any service center from 8:15 AM to 5:00 PM, Monday-Friday owner's name, address and legal (canceled check serves as receipt). description, call 561-355-2866. • MAIL Detach the stub below and return with payment. DO NOT TAPE, FOLD,STAPLE, PAPER CLIP OR WRITE ON PAYMENT STUB.Write your 17-digit Property Control Number on your payment. (canceled check serves as receipt) Taxing t orities • MRETRANSFER Visit our website at www.pbctax.com/wiresforinstructions. Set the AD VALOREM MILLAGE RATES. DELINQUENT TAX INFORMATION See telephone numbers listed on front FLORIDASTATUTE 197.402 and 197.432:Tax Certificates will be sold onall unpaid props taxes of bill for questions about assessment 60 days after thedateofdelinquency. amounts and services provided. AD VALOREM TAXES and NON-AD VALOREM ASSESSMENTS are delinquent APRIL 1. • The minimum charge of 3%will be collected.Interest accrues up to 1.5%per month(18%annually), Levying Authorities • Interest and associated costs for delinquent taxes are determined by the date Determine the NON-AD VALOREM payment is received. Postmark date is not proof of payment. ASSESSMENTS.See telephone • Payment AFTER THE DATE OF DELINQUENCY must be paid by certified funds or the numbers listed on front of bill for payment will be returned.Certified funds include funds drawn on a U.S. bank in cash, questions about assessment amounts bank draft,wire transfer, money order or cashier's check. and services provided. (DETACH HERE) DO NOT TAPE, FOLD, STAPLE, PAPER CLIP OR WRITE ON THIS PAYMENT STUB TO AVOID PAYMENT PROCESSING DELAYS INCLUDE THIS STUB WITH PAYMENT Make payment to: Tax Collector, Palm Beach County Please include the 17-digit Property Control Number on your payment. Return this stub with your payment to The Constitutional Tax Collector. RE INFO Bill 10/07/2021 3/11/22, 11:10 AM Bill Detail A N lI F M. C A W N o N Anne M.Gannon Constitutional Tax Collector l� CONSTITUTIONAL TAX COLLECTOR Serving Palm Beach County 0� Serving Palm Reach Cormill P.O.Box 3353 Serving you, West Palm Beach,FL 33402-3353 _. . ..._ _ ....__....___-.--______ ...... J i t i'S Total Checkout View __-._ Property Control Number Property Type Status 08-43-45-28-03-007-0010 Real Property Active Mailing Address: Property Address: AVANTI RESIDENTIAL 500 OCEAN TIC I LLC 101 S FEDERAL HWY 1700 BROADWAY STE 620 BOYNTON BEACH FL 33435 DENVER , CO 80290-1702 Geo CD: Deed Number: 0 Legal Description TOWN OF BOYNTON ALL OF BLK 7 & 12 IN PB1P23, ALL OF TOWN OF BOYNTON REV PL OF BLK 12 IN PB15P18 & PT OF ABND SE 2ND AVE, OCEAN AVE & SE 4TH ST R/WS LYG ADJ TO Ad Valorem Gross Tax Credit Net Tax Savings CITY OF BOYNTON BEACH $436,974.73 $0.00 $436,974.73 $0.00 COUNTY $266,665.35 $0.00 $266,665.35 $0.00 SO FLA WATER MANAGEMENT DIST. $14,244.59 $0.00 $14,244.59 $0.00 SCHOOL $380,760.62 $0.00 $380,760.62 $0.00 CHILDRENS SERVICES COUNCIL $34,520.45 $0.00 $34,520.45 $0.00 F.1.N.D. $1,772.27 $0.00 $1,772.27 $0.00 PBC HEALTH CARE DISTRICT $40,213.86 $0.00 $40,213.86 $0.00 Sub Total $1,175,151.87 $0.00 $1,175,151.87 $0.00 Non Ad Valorem Gross Tax Credit Net Tax Savings SOLID WASTE AUTHORITY OF PBC $33,133.80 $0.00 $33,133.80 $0.00 BOYNTON BEACH FIRE RESCUE ASSESSMENT $45,540.00 $0.00 $45,540.00 $0.00 Sub Total $78,673.80 $0.00 $78,673.80 $0.00 Total Tax $1,253,825.67 $0.00 $1,253,825.67 $0.00 Period Bill Number Due Date Bill Year Tax Discount Penalty/Fee Interest Total Due INST 1 101353312 3/31/2022 2021 $0.00 $0.00 $0.00 $0.00 $0.00 Total Due: $0.00 $0.00 $0.00 $0.00 $0.00 ---- -- Tax Certificates Payments made between 5/31 - 6/7 of any year indicates the purchase of a Tax Certificate for delinquent taxes. Tax Certificate purchase(s) ARE NOT a payment of taxes. "Paid By" information displays the name of the Tax Certificate purchaser. If a bill number begins with a year (i.e. 2020-001234), a Tax Certificate was sold for--delinquent property taxes. The amount due is shown above in the "Tax Installment" section under the Total Due https:Hpbctax.manatron.com/Tabs/PropertyTax/AccountDetai[/BillDetail.aspx?p=08-43-45-28-03-007-0010&a=1146983&b=101353312&y=2021&t=236... 1/2 3/11/22, 11:10 AM Bill Detail column. ** This Icon .L indicates delinquent taxes and the tax bill cannot be paid on-line at this time. It may also indicate a recent TDA where additional fees are required. Contact our office at 561-355-2264 or email ClientAdvocate@pbctax.com for additional details. _ -- --. . -.. -_.__ _ .......... - Bill Bill Receipt Amount Paid Last Paid Paid By Year Number Number 2021 101353312 B22.268916 $1,203,672.64 11/24/2021 CORELOGIC COMMERCIAL REAL ESTATE https://pbctax.manatron.corn/Tabs/Prope rtyTax/AccountDetail/Bill Detai1.aspx?p=08-43-45-28-03-007-0010&a=1146983&b=101353312&y=2021&t=236... 2/2 x U) x C cA m L CD N a) O O U) N O O mm E o Cl) Ltd 0 CD +O+ LO m O w 0 N V } N U) a� `� O_ U cm L O cm CL m 75 LL cm CL '. D Q P- CD Q co , o U- _ ' 04 LO 0 M a1 N 0 04 - V o ca N �' a. 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SUBJECT: Update of Negotiations between the CRA and Affiliated Development, LLC for the 115 N. Federal Hwy I nfill Mixed Use Redevelopment Project SUMMARY: Since February 1, 2021, CRA staff and legal counsel has been diligently working with City staff and the Affiliated Development team on the terms of the Purchase and Development Agreement, Tax Increment Revenue Funding Agreement (TI RFA), and the Parking Lease Agreement. Like the other four proposals, The Pierce addressed the RFP/RFQ requirements (see Attachments I and I I). The Pierce offers 118 affordable units (50% of 236 total units) in an 8-story mixed use and mixed income development. Attachment I I I indicates that the developer was able to cover all income categories, price ranges, and unit types, even though many were one bedrooms in the 100-140% Boynton Beach Area Median Income (BBAMI) ranges. The proposal also received favorable reviews from the Board for its integration of Hurricane Alley and Ocean Mart into its site design and maintaining 79% open space. However, in order to fund the project, Affiliated's initial financing plan only allows the affordable units to remain affordable for 15 years and seeking 100% in Tax Increment Financing (TIF) reimbursement until the CRA sunsets in 2044 (18 years from project completion). Additionally, the Affiliated team indicated that the proposal requires the sale of the garage containing all of the parking for the development, including the 150 public spaces, to the CRA or the City to make it financially feasible. The challenge in the negotiation process is to ensure that public benefits are secured at a reasonable cost while allowing the developer to obtain a fair return for their investment. Upon selection of Affiliated Development, the CRA Board reached a consensus and provided staff and legal counsel direction to negotiate a longer maintenance of affordability period closer to perpetuity for as many units as possible. Attachment IV contains a comparison of Affiliated's proposed business terms. These elements are included in the three draft agreements mentioned previously and have been updated to include discussions from the March 9, 2022 CRA Board meeting (see Attachments V-VII). A term sheet detailing items requiring Board approval for deviations from current practices or Board direction is listed in Attachment VI 11. These include items such as but not limited to the project's milestones and monitoring mechanisms, reverter clause, assignments, subordination, termination, and default provisions. Previous Board direction on items such as the BBAMI and TI RFAAssignments are included as Attachments IX and X. Funding the 118 Affordable Units with TIF funding: After reviewing the numbers with Affiliated, the project will require the CRA to contribute $6.1 Million in TIF to maintain the affordability of the 118 units for 15 years and 11 of the units for an additional 10 years. The total asking is $11.6 Million from the CRA, which is 15.9% of the $73 Million Project Budget as indicated in Affiliated's Uses and Sources Table (see Attachment XI). Affiliated is contributing $18.9 Million or 25.6% of equity in the project and will need to finance the remaining $43.9 Million through its lender. The project's 100% TIF for 15 years from the CRA is the largest asking for TIF relative to other TIRFAs executed by the BBCRA (see Attachment XI 1). The recent MLK Jr. Boulevard Mixed Use (d/b/a Heart of Boynton Village Apartments, LLC) project, a Low Income Housing Tax Credit (LI HTC) project, is the only other project receiving 100% of TI F but is capped at$1.6 Million for 15 years for all of its 124 units. As a LI HTC project, the maintenance of affordability duration is an initial 50 years, after which the owner has the option to refinance but the units would remain affordable. The Board can discuss the costs and benefits of the various elements of the project and approve the TI F request at its discretion. The Parking Garage and Parking Lease Agreement: Affiliated's initial proposal indicated that Affiliated will build then sell the garage to the CRA/City for$10 Million with the ability to meter or assign it to another entity in the future. After consultation with the City's bond counsel, it was determined the City could not afford to buy or bond the $10 Million parking garage without a parking operations and maintenance study or thorough investigation of the risks involved if expenditures will exceed revenues before a Return on Investment (ROI) can be realized, especially when Downtown Boynton is not fully established. A schedule was developed at the request of the CRA, but this option requires a capital investment of $2.5 Million and monthly lease payment options ranging from zero dollars to $16,500 monthly and two 50-year renewals. The City was only interested in the lease option with no monthly rent payments. Under this option, the CRA will have to use Affiliated's $5.5 Million cash offer for the land to pay for the 150 public spaces in the garage to avoid a lease payment. The CRA deferred the decision on the lease terms to the City since the lease will survive the CRA's existence. City Commission approval will be required for the disposition of the land below market value. Of the three Agreements, the Parking Lease Agreement is the least developed since it was received on February 24, 2022, for review and had other terms which will need to be negotiated with the City. City and CRA comments have been incorporated into the latest Parking Lease Agreement and CRA legal counsel had discussions with Affiliated's legal counsel prior to the March 9, 2022 CRA Board meeting. March 9, 2022 CRA Board Meeting After lengthy discussions and hearing public comments at the March 9, 2022 CRA Board meeting, the Board voted to table the item since the Board felt decisions on this project should not be rushed. The Board directed CRA staff to continue negotiations with Affiliated to the best interests of the CRA and community. CRA Staff and legal counsel met with Affiliated on March 10, 2022, and have updated all documents (see Attachments I I I a and V-V 11) to reflect the Board's March 9, 2022 discussions. However, the CRA Board has discretion to amend any and all terms and conditions of these documents. The following items remains to be considered: 1. The total amount of CRA funding to Affiliated's gap financing for the maximum number of affordable units to be preserved with the longest affordability period (beyond 15 years proposed by Affiliated) and the funding of the 150 public parking spaces in addition to the project's required residential and commercial parking spaces. 2. How long should the Reverter Agreement remain in place to secure the public interest - Until beyond commencement of construction or after completion of construction? 3. Requiring Board approval for the assignment of the TIF from the project to an entity not owned by the principals of Affiliated after project completion. The combined comments for the Parking Lease Agreement were provided in a redlined format and forwarded to Affiliated on April 6, 2022. Staff anticipates this will require a little more work prior to Board execution and may also require City Commission approval to assume the CRA's obligations after its sunset in 2044. SUMMARY: At the CRA Board Special Meeting on November 30, 2021, the CRA Board heard presentations from the five developers who responded to 115 N. Federal Highway Infill Mixed Use Redevelopment Project RFP/RFQ. • Affiliated Development, LLC • E2L 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. The Board also heard a presentation of the financial effect to the CRA of the proposals presented by Mr. Barry Abramson, the CRA's financial consultant for the project. The evaluation, attached as Attachment XI 11, is a summary of the one-time revenues and costs with annual revenues to the CRA which are presented in 2022 dollars for an initial year of stabilized operation (approximately 2025 or 2026) and for a year ten years after that (approximately 2035 or 2036). At the conclusion of the presentations, the CRA Board selected Affiliated Development, LLC as top ranked team and directed staff and legal counsel to begin negotiating the terms of a purchase and development agreement to effectuate the redevelopment of the properties described in the RFP/RFQ (see Attachments XIV - XVI). Additionally, the Board also authorized staff to proceed with the second ranked developer, RUDG, if an acceptable agreement cannot be reached with Affiliated Development. The following activities have occurred since the November 30, 2021: • On December 8, 2021 - CRA staff, City staff, and CRA legal counsel met with the Affiliated Development team to outline the various development agreements that may be required to support their development proposal. • December 14, 2021 CRA Board meeting - CRA Board indicated their desire to keep the 114 N. Federal Highway (Ocean One) property separate from the CRA-owned 115 N. Federal Highway to simplify the negotiations process. • December 23, 2021 - CRA staff received correspondence from both Hyperion Development Group and Affiliated Development indicating they are working together on Assignment of the 209 N. Federal Highway. These discussions are private discussions between the two parties and does not involve the CRA. • January 19th and 25th meetings - CRA staff, City Staff, and CRA legal counsel met with Affiliated Development team on agreements • February 4th, 9th, 16th, 17th, 18th, and 24th meetings - CRA staff, City Staff, and CRA legal counsel met with Affiliated Development team on agreements FISCAL IMPACT: To be determined by the CRA Board C RA P LAN/P ROJ ECT/P ROG RAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve of the Terms Sheet as presented and direct staff and legal counsel to revise the Purchase and Development Agreement, TI RFA, and Parking Lease Agreement and bring back the agreements for review at the next available CRA Board Agenda for approval. 2. Modify the Terms Sheet as amended and direct staff and legal counsel to revise the Purchase and Development Agreement, TI RFA, and Parking Lease Agreement and bring back the agreements for review at the next available CRA Board Agenda for approval. 3. Provide alternative Board direction to staff and legal counsel. ATTACHMENTS: Description D Attachment I - 115 N. Federal Highway Highway Infill M ixed-Use Redevelopment Project Request for Proposals and Developer Qualifications D Attachment II-Addenda D Attachment III -The Pierce TIF Unit Mix, Income Categories, and Pricing D Attachment Ilia -The Pierce TIF Unit Mix, Income Categories, and Pricing Revised after March 9, 2022 CRA Board Meeting D Attachment IV -The Pierce Project Elements Comparison Chart D Attachment V -The Pierce Draft Purchase and Development Agreement Revised from March 9, 2022 CRA Board Meeting D Attachment VI -The Pierce Draft TIRFA Revised from March 9, 2022 CRA Board Meeting D Attachment VII -The Pierce Draft Parking Lease Agreement dated 4-6-22 D Attachment VIII -The Pierce TIRFA and PD Summary of Terms Sheet D Attachment IX - Discussion on Draft 115 N. Federal Highway RFP-RFQ and 7- 13-21 Meeting Minutes D Attachment - Discussion on T I RFA Agreements and 4-13-21 Meeting Minutes D Attachment XI -The Pierce Uses and Sources Chart D Attachment XII -Summary of T I R and TIRFA D Attachment XIII - Barry Abramson's Financial Analysis D Attachment XIV -Affiliated Development Presentation D Attachment XV -Affiliated Development Proposal - Part 1 D Attachment XVI -Affiliated Development Proposal - Part 2 BOYNTON It On% WAMBEACH k%wo' .. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY REQUEST FOR PROPOSALS AND DEVELOPER QUALIFICATIONS 115 N. Federal Highway Infill Mixed-Use Redevelopment Proiect 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 wwwoboyntonbeachcra.com (Select RFPs/RFQs/ITBs from the Business & Development top drop down menu). 1. Property Disposal and Proiect 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 htt s: wwwobo ntonbeachcraocom home show ublisheddocument 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:ffmaps.co.palm- beach.fl.usfcwgisf?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 (I-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, aps:��wwwobontonbeachcraocom/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. be ov.or Z z Ladministration to download relevant information. S. Incentives for the Proiect 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@bbflous. 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 4t" 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 reviewthe 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, 4t" 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 bythe 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 Proiect 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.boIntonbeachcra.comusiness- evelo�ment/rf s-rfgs-itbso • 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 capacitywill 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 wwwoboyntonbeachcraocom. 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, 4t" 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 "J," 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 7 � a h "A"2" t ;V so 1�}+ t o O 'fi�tlf' t��ltyi +l+y or ' m v m c m ' `° c m'J O/ r 8i Lij W W Oi N ,6 d `N ,O c a, c -o c m c av d6� � � Y411, $ ASSYt14� �� t . 4){rl+} tty r �kj`,f�S ��„"}��llftttu,(t t+}.d+;� U!li 3ita tj`tnNN3 z+h,tSNdl �A1 Y(ir t9 7ltltltl,�t II titi ,�;t4k.ci 4l, IN Iti g,i ti \ct+(-�.i �llr�tY� U,+�`�L 1)� s'ZZ y��ri,g �1��t��iaFV)tisl77G41�(♦ t±'��s4+;l;!r $ut�a`�hC�?Erlfi��{�": >>`,�fl k �.'' +3� Yfk�C� y€, , ,. r6`+�s�i `,°i�; + ve , irl Ax + Vi- S+t A , r. + + Page 18 of 30 ATTACHMENT "B" SURVEY OF BBCRA OWNED PROPERTIES AND DEWEY PARK Page 19 of 30 � � � � � � | OZ 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 1St Avenue 0843452803001 01 00 NE 4th Street 0843452803001 0080 115 N. Federal Highway 08434528030060010 ❑ #1 510 E. Boynton Beach Boulevard (Ace) 0843452803001 0030 ❑ #2 217 N. Federal Highway (S&F Properties) 08434528030010010 ❑ #3 209 N. Federal Highway (Camalier) 08434528030010121 ❑ #4 101 N. Federal Highway (Rajas Family Investments, Inc.) 08434528030060130 ❑ #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;or transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months following the date of being placed on the convicted vendor list. As the person authorized to sign the Statement, I certify that proposer has not been placed on the convicted vendor list within the past 36 months and complies fully with the above requirements. Proposer Name Authorized Signature Print Name Title Date Page 27 of 30 ATTACHMENT"J" 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 Proiect, 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 w,*aBEACHA,,..,RA 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 BOYNTON wvNWBEACHI RkuAlk 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 htti2s://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 - - _ o dO'w< a00�.�, - _ __"'g _ _ _ _ - - _ Sm vgo - - - - - ¢pyo Z a Q Z LL O O l m mYv - -okv.- - :�.`aa � - - ZZZ - Oo 0 pyO o a - - - - O¢F z y -t-- ,oµ--- ----- - li moo,„a- �mE oo .�T J—oJ ----- - vo-EAST BOVNT ON BEACH BOULEVARD-1SwTATE ROAD 804) E /T( ar./w MPP. i/z�%LWOI L I § O 8 J § N 80 a rv8 m Om m m II � # LL � w e 1 B o I I I I - I o - -- m s I -- - - e m 67, _ a r �LON� 0 0 Im 4 m 61 - �' o ,o sP m s o �m = ' I w a� o r s � o 5 0 a m s NE 1st AVENUE o e,, .sem � 40 1ue51/ Po Ll 21 o m 0- it -x g m m ¢� p= o^ O _ a= o �y gv re/( /i.Pacre o o°T I I s I eea I I s I et d \ �5a > �o� o• € Mg & m I isl. ul m s e a o - U I Q- d o - �` Q �P o N � W _ J3 a o e / p gnu a.m p o " m EAST OCEAN�AVENUE R�`o I I BLOCK 7 TOWN OF 60YN7DN �o r.rea zrse�es°'=.e.eziLL I I I, 'I I mm oe/e3a �IAtl iiiiiBEACHIKIA� 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 ion of this ropef' into the development is subject to the completion of the BBCRA'vw 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: ht!ps.11discover.pbcgov.oLq1pzbladminstratiopl _ es/f act- ee. s x 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 10J,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. Thetau 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 hts:// . ytoneachcra.co /business-develop ent/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 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 u r the Property shah illn Sbc Hundred ThousandIla ( ), payable in cash, by wire transfer oU nited States Dollars at the Closing. initials: SEMER's Initials: =,;7,F Purchase and Sale Agreement Pap 2 of 17 3. DEPOSIT. 3.1 Eafflest MopftJkgMN. in 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 both parties, extending the Closing. However,In no event whomever shall the Closing r later than December 31, 2MI. 6. Tlyg]n E CQhIVEYED. At Closing, SELLER shalt convey tD PURCHASER, mmims PURCHASM Initials: , o-r SELLM I i : r 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, rlghts-of-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. FEASIBILITY PERIOD. The PURCHASER and Its designeesshall have from th 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 bV 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 PmpertV,(i1)to the extent practicable, shall repair and restom anya E ' testing and i n; a (Ii ase 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 PURCHASERsnse, from & Title Company chosen by PURCHASER PUC s l i i l SELLER's I I d � � 17 Purchase nd Sale Agreement Page 4 of7 (hereinafter l Ca pan ), a This 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 constituting1 fns 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 (h r'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 ClosingPURCHASER 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 rights and objections of the Parties with respect objections rii 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 :P of tPURCHASM InItIals: SELLER's Iii I : Purchase n Sale Agreement Page 5 of 17 encroach me nt,or encu mbrance. 7.3 SELLER Deliveries. SELLER shall deliver to PURCHASERfollowing n and Instruments withint (3) business days of the Effectiveof this Agreement, except as specifically I 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 , permits (including not limited to all surface water management permits, wetlands r lconsumptive use permits andvl n I resource permits), authorizations, and approvalsrequired law or by any governmental or private authorltyhaving 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 documents and Instruments requiredPURCHASER,in PURCHASER's n absolute 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 1'0 CLOSING. PURCHASER shalln obligated 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 ,rrsPURCHASER's Initials. Initials: r 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. PendInA_ProMed1ng1, 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 CJosing, n C . s and Regulations. The Property shall be I 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 furnish 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 i ; and that there are no partiesIn possession of the Property other then SELLER. SELLER shall also fumish 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 GIMMS s ' Inithils. SELLEWs initial 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 deliver,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 of " PURCHASEWSI •a SELLER's i I • ``'' 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 IL REPRESENTA11ONS, COVENANTS AND WARRANTIES OF SELLER. To 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 liensfor 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 SELLER 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 not 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 Property 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 r PURCHASEWS In t Is: SELLIEWS 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 existingto 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 , Including 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 regulate materials and substances In I n (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. wo i initialo, SELLEWs Initials: °., 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 Addibanal Warranties and a I ��m w Inducement E enteringi this a nt, SELLER, to the best of SELLEWS Information ai ,hereby representsandwarrants the following: =111 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 all applic3ble countyl laws,ordinances,regulations,licenses,permits n authorizations, in ui limitation, IIcable- zoning and anvironimental laws and regulations. 12. . L PUBQd&SWs Default. In the event that this 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 acknowliadge that If PURCHASERfu ill 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 liquidated stn and not a penalty or forfeiture provision. '7PURCHASEWs Initials. SELLWs Inft �, 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, notwithstanding 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., r 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 failureclose, the cure periodshall only be t ' ( )business the delivery of notice. Both parfles 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. 13. NOTICES. II notices 1 In this Agreement must be In writing and shall be consideredl'vered when receivedmail, 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 615"aza PURCHASEWs Initials: SELLEWs InItialse, ��. r 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-.,M.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 ),FlorWa 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 survive 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(uEnvilronmental ")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 thePropertV or contiguousowned by SELLER,to the best of SELLER'S knowledge. ainorms PURCHASEFrs Initials- SEU.Effs In tl 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 Disposal of Pollutantsonthe Pro perty, y portionth or an any contiguousn . . PUBUC REMRDS. PURCHASER is a publicsubject r 119, Florida Statutes. The SELLER Ls hereby notified that thel y bw, pursuant Chapter t in and discloseupon 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 disdosingr 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 orghal 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 this AgreeReference 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 agra 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 an ®calendar days. Any timer for in this PURCHASM ' I : , _. 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. jkbilit ., 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. 18.6 rt _._Provisions. Handwritten provisions Inserted In this Agreement and initialed shall control al printedprovisions in conflict .7 MIverofJupildiii. 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 of t I .. �. 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 is 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. REPRESENTA-nONS, MVENANTS AND WARRAN-nES_ F PURCHASER. 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 i Iii In o Ing;. PURCHASER was validly created under all r _ in 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 Ion n i nRC AS and the consummation by PURCHASERof the transaction n l by this Agreement are withinPURCHASERS. lawful capacity and all requisite 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 representsI in i obligation Of PURCHASER. -I . -Is .and V& All 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 PURCHASERIS HfMDED USE. PURCHASER SHOULD RELAY ON ITS OWN INVESTIGATIONS AND DiSPECTIONS DURING THE FEASIBUITY PERIOD. aiamws I Purcluse and Salet Page 16 of 17 1, _ - r Insurance --I . a1n on East Faj-,,adeall of rr1` Bulldipg. PURCHASER andn' l t the existingint ll sign on t of the531 East OcianAvenue building l r over 60 years,is one of the is business Images In the Cifty of Boynton Beach, possesses historic and cultural 1 , and is one of the last remainingrepresentations of the Citys historic maln 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. PURCHASEWsIII r Purchase and Sale Agreement Page 17 of 17 : COMMUNITYBOYNTON BEACH P REDEVEILOPMENT AGENCY { Printed n S.Grant -1plovinted Name: Title: IrTitle: _41r.�� r � WITNESS: WITNESS: �. , PrivNa : Printed Name: r r� ESCROAP �GENT r9� �` .�. n al ' Printed Nanne. tk;,� x PURCHASEFVs I iti Is: SELLEWs I i ® i 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. ApplicationZDisbursement 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 /' I PURCHASER's Initials: �- `7i 00704498-1 SELLER's Initials: 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: SELLER's Initials: 00704498-1 a_ 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: S)64r-- SELLER's Initials. T-77 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: 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. 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. 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 lnitials:.5/J/X— SELLER's Initials: 00704498-1 Purchase and Sale Agreement Page 7 of 15 10.4. Closin _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. 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: 5&- 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: 06--, 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 5&r— 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 OBLIGATIONZASSIGNMENT. 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: 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 00704498-1 SELLER's Initials• 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: MZ/-- 00704498-1 SELLER's Initial 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. 4r— 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 w ma Printed Name: Steven B. Grant Printed Name: L' Title: Chair Title: Date: , zo t Date: 7 WW1 ,MESS: 1 WITNESS: 79 x AfPrinted Name: ,° Printed Name: � ' Appro rin: Lewis, Longma & Walker, P.A. Printed Na e: [ , Date: PURCHASER's Initials: 5eb— SELLER's Initials: 00704498-1 APPRAISAL REPORT (APPRAISER FILE: 20-1928) r; vv S i 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 AUCAMP, DELLENBACKT APPRAISERS&CONSULTANTS AUCAMP y 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. lgoo 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, ELLEN C ITNEY 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 NEI' 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 NEI' 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 NEI' File#20-1928 LOCATION MAP LOCATION MAP Lake Placid. _ Port St Lucile !10 Okeechobee Stuart N s 5 Clvckheard Ridge 4i;I,[s l•= _P ec.�_i1r.gat , klabbt Sound r9K Indiarrown harlotte - 7a Ir �� o 1l<0,1Jmabdr° I�s ' Jupiter arl�ntte Park m :rm` e Pe ld beach "Melon Hz�en Gardens fis cis Pah�okee `as••. - ,�ao': Riviera Beach `. La Bee ED LlCTwi Stu Yn y t Palm Bleach Alva Royal North Bort M ers Belle Glade SUBJECT 7B, Fort myers Lehigh Acres -44 ke`Warth Cape Corms; Artm R, E®ynt Beach }i C ; San Carlos Park. Delray' Beach Sanibel A10 las Irnirrokabae Bunn rt s tSaca Platen 3Pnngs , rhf,,,S .k:. Deerfield Beach Cs�ral 5�rrings,� Tamarac Porhpana Beach Lauderdale Lakes i sa, .,R ' '` az' Plantation` Naples .. , - ... - Fort L uderdaIe T Big cp,tt,'_r.v..m,,v R 914,1 n .r-tCooperCity DaA k.,ea Dania E e t� �,:. 25- Holl wood ' any r'r�'r Hallandale Beads Marco' �' Miraet�an 7 C,,P ,^1.,G— North.Miami Beach �Q, (eqr I Carol C1Py Ta"tai"i Tail g rI �•�� Hialeah 7Y .�r•�d � 3 . Miami lar .tra4 �e2.a° Iamiami Tmil ,. ` CoraI Gahbes �a Kendall (a:7a Cutler.Ridge Lt&q,,W,i„ On .621 .._ kisevtr 1'�Wc1�„I Homestead n U'ti !tet, olmd f.:�rNs. r _.etc, r F,a.•�r 2,A'a, I Ui i g•_ .?rr.,r=rbsYj9are .� b.,�.e Key Largo AUCAMP, DELLEN ACK&WHITNEY 7 File#20-1928 SUBJECT PHOTOGRAPHS SUBJECT PHOTOGRAPHS r r R :'a v'�>n rtut rrs t tr>F t",t i II lt,N,I"II'j A f� '� 7 i I � iI��` Y�, L �➢ t �S`� l '�{' �r - - > �•j> �„ t (III �, t {! 1 Bird's eye view of subject (outlined) facing subject's south elevation r tI t t Facing subject from sidewalk along N Federal Hwy (south and east elevations shown) File#20-1928 SUBJECT PHOTOGRAPHS r. 7} f su l0 i41 ii. �l 4 gg 4 �A 1 T East and north elevations shown ! a� e� � � s 1 i r i 14If ��r ii �4 Facing north along N Federal Hwy with subject on the left AUCAMP, DELLENBACKI NEI' 9 File#20-1928 SUBJECT PHOTOGRAPHS r}� �p i !�1}tl4jr i l R k { i.r s��2§ — � Sp Facing west along NE 1St Ave with subject on the right f ! i 3 I res ; I 1 1 i Z s n Retail area AUCAMP, DELLEN ACK&WHITNEY 10 File#20-1928 SUBJECT PHOTOGRAPHS w" ", ,wllslii Sf ik f � f € �4 a �t I� Storage area � a _- \ rh emu - € Preparation area AUCAMP, DELLENBACKITNEI' 11 File#20-1928 SUBJECT PHOTOGRAPHS j , t ' t Rear patio (west elevation shown) t;) a r z w , r„ _ w r Exterior seating area AUCAMP, DELLEN ACK&WHITNEY 12 File#20-1928 SUBJECT PHOTOGRAPHS } �1)�) i1t I�flll{S{}1S�) felt tts 4�jtf, _ is�p fitii�r niltll)tt�Cl��lt�trytl}ji}{�9 Sti�ii�1S}} r}i� 1+lit'�1 - liii�l it �� i��lil}+i`•'i<<yl Ql lf7t�'11��lSstG l � � (��it°11��1Si ��i 1c i `t� } � t 4ilt Restroom AUCAMP, DELLENBACKITNEI' 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 NEI' 1 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, DELLENBACKITNEI' 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, DELLENBACKITNEI' 16 File#20-1928 MUNICIPALITY MUNICIPALITIES MAP r. manaiapn NIVf PUX xi I ! ! F, li � w SUBJECT .7,sC0itdh:Beach Ocean Rd e u r . k �> Briny Breezes r Golf i rhsr°' t t , . ! i r v '� a iia Cie m � W _I ! a � H4 L L Delray Beach A s � a I f 'z s V R AUCAMP, DELLENBACKITNEI' 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, DELLENBACKITNEI' 18 File#20-1928 NEIGHBORHOOD DEMOGRAPHICS AROUND SUBJECT Source:ESRI,2020 figures u 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, DELLENBACKITNEI' 19 File#20-1928 NEIGHBORHOOD AREA MAP QJ ' SUBJECT Va8— ernRoad,81 d 1n= i ti 6A`fig_.. 1'_, 4r` IIt t•': e W A'JtN ""o 7, Rd r- ,r>r) File#20-1928 NEIGHBORHOOD NEIGHBORHOOD MAP � � Marina Village Town Square� SUBJECT � �y �r 500 Ocean »' t ° t ME tm AUCAMP, DELLEN ACK&WHITNEY 21 File#20-1928 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, DELLENBACKITNEI' 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 NEI' 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 • a 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 NEI' 2 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, DELLENBACKITNEI' 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. 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, DELLENBACKITNEI' 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, DELLENBACKITNEI' 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 NEI' 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 NEY 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 o _ 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, DELLENBACKITNEI' 31 File#20-1928 SUBJECT PROPERTY ZONING MAP jiHIRD UT y n �( �� Ly xd =J ri - f' NV1� i�T H nA' E N iV TV AVE J, N SUBJECT Cza pCA , f. - E§aCEAN AVE t T7 � , .J, M. C1 Office Professional C2 Neighborhood Commercial C3 Community Commercial C4 General Commercial CBD Central Buisness District PCD Planned Commercial Development M1 Light Industrial PID Planned Industrial Development SMU Suburban Mixed Use,20 du/ac MU-1 Mixed Use 1,20 du/ac MU-2 Mixed Use 2,40 dulac MU-3 Mixed Use 3,50 dulac MU-4 Mixed Use 4,60 du/ac MU-C Mixed Use Core,80 du/ac REC Recreation e PU Public Usage J,sv, 9 AUCAMP, DELLEN ACK&WHITNEY 32 File#20-1928 SUBJECT PROPERTY FUTURE LAND USE MAP II� EBI SUBJECT R r, r t., I f l —07 s Future Land Use Classification FLU—Desc3 -- LOW DENSITY RESIDENTIAL(LDR):7.5 D U iAcre ------------ J MEDIUM DENSITY RESIDENTIAL(M'.EDR)111 D.2iAcre HIGH DENSITY RESIDENTIAL(HDR);15 d U./Acee SPECIAL HIGH DENSITY RESIDENTIAL(SHDR);20 D.UJ.)Acre F OFFICE COMMERCIAL(OC) LOCAL RETAIL COMMERCIAL(LRC) GENERAL COMMERCIAL(IGC) INDUSTRIAL(I) j RECREATIONAL(R) PUBLIC 8.PRIVATE GOVERN MEN TAL)INSTITUTIONAL(PPGI) MIXED USE LOW(MXL),20 D.UJAe.re MIXED USE MEDIUM(M XM}50...D.UJ JAcee MIXED USE HIGH(MXH):BD D.U./Acre DEVELOPMENT OF REGIONAL IMPACT(DRI) CONSERVATION ICON.). CONSERVATION OVERLAY(CiO) AUCAMP, DELLENBACKI NEI' 33 File#20-1928 SUBJECT PROPERTY AERIAL PARCEL MAP Subject is outlined in red E Iva tf(,,i'1 �, 44 r t } t d'Pt s 4 � 11 4, ` r4E:,lb )Ave i a z t b 1^ 1 t tr All � r r c tt� t,, r 'r "t ' i�Sr�i 1 r �S� ' tt ( AUCAMP, DELLEN ACK&WHITNEY 34 File#20-1928 SUBJECT PROPERTY SURVEY AL 7AJACSM SURVEY Ta r-- =1.1 oma E xc I T-- y MAA OF BOLtl DARY SURVEY li i a•R,neA�,swjrr l oaB F i±nK. AUCAMP, DELLENBACKI NEI' 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, DELLENBACKITNEI' 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, DELLENBACKITNEI' 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, DELLENBACKITNEI' 33 File#20-1928 SALES COMPARISON APPROACH MAP OF COMPARABLE PROPERTIES V,10 f-,L,11111 Iia«6'.j J,W" r3,j n DP k B acI1 -f0USL,+fir ;h ,j I Land Sale No. 1. nr (Ji 1 `r & Boyntor Beach [' BCp 7 1 each ii,,rarp At vll , Land Sale N Lead Bele No.4 ®., Lr�dl nle No. 5 � Boynton Ocean Llt�r'nc,Mary AUCAMP, DELLEN ACK&WHITNEY 39 File#20-1928 SALES COMPARISON APPROACH COMPARABLE 1 ffl rs t :;~\blit+{r i 9 1 � r r 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, DELLENBACKITNEI' 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, DELLENBACKITNEI' 41 File#20-1928 SALES COMPARISON APPROACH COMPARABLE 2 'Y wtk � I e w e I z �4 t: rt 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 NEI' 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, DELLENBACKITNEI' 43 File#20-1928 SALES COMPARISON APPROACH COMPARABLE 3 t Sf 1 � � t r�.p M 1 0 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 NEI' 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, DELLENBACKITNEI' 45 File#20-1928 SALES COMPARISON APPROACH COMPARABLE 4 n 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 NEI' 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, DELLENBACKITNEI' 47 File#20-1928 SALES COMPARISON APPROACH COMPARABLE 5 i rtr i t t`�''tiatiti4ss r tt}rrkiso lslrit��S�R 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 NEI' 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, DELLENBACKITNEI' 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 NEI' 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, DELLENBACKITNEI' 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, DELLENBACKITNEI' 5 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, DELLENBACKITNEI' 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 NEI' 5 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 NEI' 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, 'han Whitney, MAI State-certified General Real Estate Appraiser RZ2943 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 NEI' 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, DELLENBACKITNEI' 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 NEI' 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 NEI' 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, DELLENBACKITNEI' 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, DELLENBACKITNEI' 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, DELLENBACKITNEI' 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, DELLENBACKITNEI' 6 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, DELLENBACKITNEI' 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, DELLENBACKITNEI' 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, DELLENBACKITNEI' 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, DELLENBACKITNEI' 68 File#20-1928 AREA DESCRIPTION AND ANALYSIS Area in Squar-e-Miles:: 2,578 Population weo Lake Okeechobee(miles) 1;9'74 2016 ACS Annerzan Community Surveyj 1,44;x,=81'0 Average Max.Temp.: 83(f) 2010 Census 1,320,134 Average Low Temp.. 67(f) Average Temp.: 75(f) Population Projections Average Annual Percipitation: 82(iin.) 2020 1,465,944 Time Zone:: Eastern 2030 1,6191,0,94 2040 1,735,114 Meeting Facilities Reso,rts(HotelstLoclging FacflMes, 200 ResortsfHotelswith Meeting Space 50 Total Roons 17�0100 Convention Center Total Meeting Space 14,15flD0 Total Space(s,-f..) 35'O'no Medical(2016) Hospitals 34 Physicians'Offices, 1.,9,92 Dentists'Offices 756 Sex &Age f2016 Asst Financial 12017) Male 699.414 Banks, 55 Female 745,396 Branch Banking Offices 455 Under 5 74,578 Deposits(mIllions) $50,628 5-14 years 155.270 15-19 years 81.177 Labor Force X2016 3vg-) 20-34 years 251,216 Labor Force 715,513 35-44 years 164,543 Employment 676,285 45-59 years 291,552 unemployment Rate 4.8096 60-74 years 254,547 75+years '1711,927 Total Nonaghcultural Employment(thousands) 6081 Median age 44.7 Goods Produ&7g 53-5 Construction 34-3 Housing(201GACS) Manufacturing 119.It, Total housing units 683,543 Sen,ice Providing 554-6 Occupied housing units 536,446 Wholesale Trade 23-4 Vacant housing units 147,0,97 Retail Trade 79-7 Homeowner vacancy rate 2.4 Trans.,Warehousing&utilities. 123 Rental vacancy rate 97 Information 10-9 Average household size 2.65 Financial Act,vitL-9 39-8 Finance and Insurance 237 Economic (2016 ACS) Professionaland Busibess Services 110-0 County Average VVage 12016',k $51,843 Pro.,Scientific&Tech.Services 46-3 Median Family Income $70,930 Mngt..of Companies&Enterprises, 11-0 Per Capita Income $35,732 Adminustrative and Waste Services 52-7 Mediian Earnings,For Male Education and Health Services 96.9 Full Time.Year-Round Workers $45,116 Leisure and Hospitality 86-2 Median Earnings For Femake Accommadalibn&Food Services, 68-0 FuIl-Time,Year-Round Workers $39,032 Other Serviicess 327 Education(2016 ACS) S-.—.7�, Foi�Dep.,tMYF— -,Opp�MW4,US C--F--A—e— E nroUrn ent(K.-12) 209,950 C.—Ity Sur-y 201 R M—grpNc EaM�;1-ft—-e—ry 20 s7,Fd— Education attainment-25 years+ 1,054:130 Dep..t:---C.Wdl- Y 0 J.-20"7,P..2—b C—ty C--— and'lzltzri Eure %Bachelors degree OF Nigher 35.3% Business Development S card of Pa#,m Beach County,Inc. maw.lacib.org AUCAMP, DELLENBACK&WHITNEY 69 File#20-1928 AREA DESCRIPTION AND ANALYSIS ,nnti — :r, JAN F[a KA ' APR fAA JU UL. 7�aO SEP OCT w3v DEC ! 6 2.t 6i@.a.B2 �r�. 5 4.402 0a",77 €�2 L,57- ,X�s ,0n 4,5E3 X33'12 20TO 60,476 700502 099237 694,01 1696,424 1 6942E'D 701864 NSA',21 703926 ir0Fa0561a'14no— 010,7 721'1.297 724446 17282,35 72605S 726,823 1 729,A397 r2a. d7 1 72S,124 726-927 422,244 1721ml 7 LLL Source:Laval Area UareY'pI srrr7ena;5t tisS's ,r'IotIda oepartment of ftonornicpfiponunirs:4 t' a e� 5^ fro" Po 11 ,ettPV FEE MAR &PR k141tiN JUN, -ISL ALG SEP OCT 7NOVC EO�2C,15• 52 t 50 d..7 5.'i 5.2 5.6 a.5 5..2' 4,9 Cs C,iC. ^.9 d 5 d 5 4..'e. 4,2 =_'.9 5,2' ®.1 5 Yi 1 t 47 d.7 4.2 39 1d ,.3 4� a.E 3.3 gL Source:.L'onA,4.rea U netxt plaVrna nt 5137.i5tics,Florida uepartrrm-Ent=af Economic Opportu ni; Pailam Mach untyp�State and.tJaslim Ltrm§mpinysenartw R,atTMampariara17' Irk 5.0 4 ,'_' �:. ;. .n�` �_r. �� r qhs •. :. A513.....`' 4.3 4.6 33.` 4J0 4.1"; 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 u 1900 NW Corporate Blvd, Suite 215E Boca Raton, FL 33431 � ion(a-)adw-appraisers.com 561-609-2884 Professional Experience Aucamp, Dellenback & Whitney, Boca Raton, FL, 2003 - Present Real Estate Appraisers & Consultants • Principal, 2016 - Present • Commercial Real Estate Appraiser, 2003 - Present Jonathan Whitney is approaching 20 years of valuing commercial real estate in the South Florida market. He heads the team of six commercial real estate appraisers for independent Aucamp, Dellenback & Whitney (ADW), and values all major real property types: industrial, office, retail, and multifamily. Valuation assignments also include vacant development sites, residential subdivisions /condominiums, mixed-use buildings, and special-purpose properties. His partner, David Aucamp, SRA, heads the residential side of their firm with a separate team of seven residential appraisers. ADW's primary service area includes the tri-county South Florida region (Miami-Dade County, Broward County, and Palm Beach County). Clients mostly include lenders, but also include investors, property owners, developers, brokers, attorneys, CPAs, and associations. Real estate appraisal and consulting assignments involve estimating market value and-or market rent, and providing expert witness testimony. Valuation assignments range between relatively straight forward assignments to multiple-phased projects with complex cash flow considerations. Education Master in Arts in Business, University of Florida, 2000 Bachelor of Science in Economics, University of Florida, 1999 Boca Raton Community High School, 1995 AUCAMP, DELLENBACKITNEI' 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 NEI' 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 = � b' pr STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PRQFESSIONAL REGULATION FLORIDA REALE 1ATEAPPRAISAL BD THE CERTIFIED GENERAL APF R I ,E9 H REIN 15 CI`R 1FIED UNDER THE PROVI51 NS OF,CHAPTE,k,'475,FLOW' A'STATUTES 61, WH i ` ` "C 4, `Hip► JD UP AS FAU BLVD' LFCEItit�aE NU' 13`ER 19�� EXPIRATI€ N`C}ATE. li1AEI'BR 30,22D Always verify licenses online at ivlyFloridaticense.cam Atsx, Do not after this document in any form. This is your license.It is unlawful for anyone other than the licensee to rase this document. AUCAMP, DELLENBACKITNEI' 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 Contamination Assessments p FLt3mik2A, INa. MoMtoring wefis Y0o k aur fire'Ir IA f A ofd Evaluation `Environmental Property Assessments Contamination Assessments ^Remediation Monitoring Wells ~|AQ/Muld Evaluation rmurr/wG ENVIRONMENTAL OF FLORIDA, INC, September 1G. 2O21 Boynton Beach Community Redevelopment Agency 71ONorth Federal Highway Boynton Beach, FL33436 Attn: Ms. Theresa Utterbaok Re: Confirmatory Groundwater Sampling Report CRA Properties Vicinity of 115 North Federal Highway Boynton Beach, Palm Beach County, FL33436 PCN#s: 08-43-46-28-03-006-0010. 08-43-46-28-03-001-0080 and 08-43-45-28-03-001-0100 NEF#: GQG7.13 Dear Ms. Utterbaok: 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'o services at the project as set forth inNEF'oproposal. 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 1G. 2O2O. Please see this report for further details regarding NEF's methodology. For further information regarding our company's qualifications, please contact the undersigned atyour convenience. 1310Nep*uime Drive ° Boynton Beach,F|orida 33426 ° 561-732'7300 Bruwa/d954'782'72VO ^ St.Lucie 772-4O8')V5V ~ K4iami'Dade505'557']V83 ~ Fax 561-737-9975 Toll free:1-877'MUTT|NG(688'8404) ' wpu,w^nef.cc ' inhu@ne[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 Nur 1—ENVIRONMENTAL F FLOR—A,INC. Your Project Is Ocr Commitment. 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. Nur 1—ENVIRONMENTAL F FLOR—A,INC. Your Project Is Ocr Commitment. 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 Nur 1—ENVIRONMENTAL F FLORroa,INC. Your Project Is Ocr Commitment. 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. Nur 1—ENVIRONMENTAL F FLOR—A,INC. Your Project Is Ocr Commitment. 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." Nur 1—ENVIRONMENTAL F FLORroa,INC. Your Project Is Ocr Commitment. 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. Nur 1—ENVIRONMENTAL F FLORroa,INC. Your Project Is Ocr Commitment. 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. Nur 1—ENVIRONMENTAL F FLOR—A,INC. Your Project Is Ocr Commitment. 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 Nur 1—ENVIRONMENTAL F FLOR—A,INC. Your Project Is Ocr Commitment. 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. /t,'e Borkowski R4 hard G. foss;, P.E. ect Manager President A ane i ce President Filename: Boynton Beach CRA, 115 N Federal Highway, Boynton Beach, Confirmatory GW Sampling, Sept 2021 Nur 1—ENVIRONMENTAL F FLOR—A,INC. Your Project Is Ocr Commitment. 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 Nur 1—ENVIRONMENTAL F FLOR—A,INC. Your Project Is Ocr Commitment. 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 Nur 1—ENVIRONMENTAL F FLOR—A,INC. Your Project Is Ocr Commitment. 5 � tkt� ��t�5��t � ;I �� + t }ti ��i•- Iq��\lI ��i� J i, .s _ � � ��t *r S i � I f GP-4 i I t - Sr W 0' 30' 60' Approximate Scale 1"= 30' NUTTING ENVIRONMENTAL CRA Properties Proposed OF FLORIDA, INC. Vic of 115 North Federal Highway Soil Boring FJG.I. Boynton Beach, Palm Beach County, FL Location Ma " r°1s � ° N E F #: 6967.13 p t1 1,r it i Ir r S l r, II 4 i 0' 30' 60' Approximate Scale 1"= 30' NUTTING ENVIRONMENTAL CRA Properties Proposed OF FLORIDA, INC. Vic of 115 North Federal Highway Soil Boring FJG.I. Boynton Beach, Palm Beach County, FL Location Ma " r°1s � ° . N E F #: 6967.13 p t ssL �1r 6 - �� 7 r� k- r N7� i S13-1 V' -- - r ixt , F t ' S13-4 (s z i� �7 • SB-8 "� i i \ 3 t3 lop � 2 0' 40' 80' Approximate Scale 1"= 40' CRA Properties NUTTING ENVIRONMENTAL CRA OF FLORIDA, INC. 508 East Boynton Beach Boulevard Soil Boring FJG.I. Boynton Beach, Palm Beach County, FL Location Ma " r°1s � ° . 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 Nuri—ENVIRONMENTAL F FSO —,INO. Your Project Is Ocr Commitment. DEP Form FD 9000-24: GROUNDWATER SAMPLING LOG SITE SITE NAME: 115 N Federal Hw LOCATION: 115 N 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 I STATIC DEPTH PURGE PUMP TYPE DIAMETER(inches):1.5 DIAMETER(inches): 114 DEPTH:4.40 feet to 14.401!!t TO WATER(feet): IP . OR BAILER: P WELL VOLUME PURGE: I 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 TUBINGPURGING PURGING TOTALVOLUME DEPTH IN WELL(feet): 7.00 DEPTH IN WELL(feet): 7.00 INITIATED AT: 10:10 ENDED AT: 10:30 PURGED(gallons): 5.0 GUMUL. DEPTH COND, DISSOLVED VOLUME VOLUME PURGE TO pH TEMP. (circle units) OXYGEN TURBIDITY COLOR ODOR TIME PURGED PURGED RATE WATER (standard (gallons) units (OC) itmh� I /L r (LATUS) (describe) (describe) (gallons) (gpm) (feet) ) r .Is/ %aeration 10:22 10:22 3.0 510 US 5.57 7.58 27.97 420 2.21 5,78 Clear None 10:24 0.5 3.5 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 10:28 0.5 4.5 0.25 5,57 1 6.80 27.94 1 427 1,73 3.78 Clear 10,30 0,5 5.0 0.25 5.57 1 6,65 27.94 425 1,59 3.30 Cloar None 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 .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: SAMPL,ER(S)SIGNATURE(S): NO SAMPLI SAMPLING Tony Ruiz/NEF INITIATED AT: 10:31 ENDED AT: 10:33 PUMP OR TUBING TUBING FIELD-FILTERED: Y (N) FILTER SIZE: _larn DEPTH IN WELL(feet): 7,00 MATERIAL CODE: HOPE Filtration Equipment Type: FIELD DECONTAMINATIOW PUMP (Y) N TUBING Y (N)(replaced) DUPLICATE: (Y) N SAMPLE CONTAINER SPECIFICATION SAMPLE PRESERVATION(including wet ice) INTENDED SAMPLING SAMPLE PUMP METHOD CODE (mL per VOLUME USED ADDED VOL--- FINALANALYSIS AND/OR EQUIPMENT FLOW RATE -1 SAMPLE 9 MATERIAL I PRESERVATIVE TOTAL r minute) ID CODE CONTAINERS CODE IN mt_�H GP-4 2I A��'L Ice Dieldrin/80811 APP 4000ml- REMARKS: MATERIAL CODES: AG=Amber Glass; CG=Clear Glass; HDPE=High Density Polyethylene; LOPE=Low Density Polyethylene; PP=Polypropylene; S=Silicone; T=Tenon; 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:+0.2 OC Specific Conductance: +5% Dissolved Oxygen:all readings<20%saturation(see Table FS 2200-2); optionally,t 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 LOCATION: 115 N Federal H,w.,Boynton Beach,FL,33435 WELL NO: GP-5 SAMPLE ID; GP-5 DATE: July 26,2021 PURGING DATA STATIC DEPTH PURGE PUMP TYPE WELL SCREEN INTERVAL WELL j TUBING DIAMETER(inches): 1.5 1 DIAMETER(inches): 1/4 DEPTH:4.72 feet to 14.72 feet TO WATER(fee I ):5.73 OR BAILER: PP WELL VOLUME PURGE: I WELL VOLUME (TOTAL WELL DEPTH - STATIC DEPTH TO WATER) X WELL CAPACITY (only fit[out if applicable) (14.72 feet- 5.7 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(feel): 7.00 DEPTH IN WELL(feet): 7.00 INITIATED AT: 11:01 ENDEDAT: 11:19 PURGED(gallons): 4.5 CUMUL. DEPTH COND. DISSOLVED VOLUME VOLUME PURGE TO pH TEMP. (circle units) OXYGEN TURBIDITY COLOR ODOR TIME PURGED PURGED RATE WATER (standard (1)C) pmh (circle units) (NTUs) (describe) (describe) (gallons) units) '0&or (gallons) (gpm) (feet) or,pSlco I uh 0 uration 11:13 3.0 510 6.25 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 29.139 430 1.28 2.89 Clear None 11:17 0.5 4.0 0.25 5.90 5.42 29,67 43p 1.23 3.35 Clear None 11:19 0.5 4.5 0,25 5.90 5.43 29.68 430 1.21 3.71 1 Clear None 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.E18 TUBING INSIDE DIA.CAPACITY(Galfft.)._ 118"=0.0006; 3/16"=0.0014; 1/4"=0.0026; 5/16"=0,004; 318"=0.006; 112"=0.010; 518"=0.016 PURGING EQUIPMENT CODES; B=Bailer; BP=Bladder Pump; ESP=Electric Submersible Pump; PIP=Peristaltic Pump; 0=Other(Specify) SAMPLING DATA SAMPLED BY(PRINT)/AFFILIATION: SAMPLER(S)SIGNATURE(S): SAMPLING SAMPLING Tony Ruiz1 NEE Jim INITIATED AT: 11:20 ENDED AT: 11:23 PUMP OR TUBING TUBING FIELD-FILTERED: Y (N) FILTER SIZE: -pm DEPTH IN WELL(feet): 7.00 MATERIAL CODE: HOPE 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 IPCONTAINERS PRESERVATIVE TOTAL VOL FINAL ANALYSIS AND/OR EQUIPMENT FLOW RATE ID CODE CODE USED ADDED IN FIELD mLH MATERIAL VOLUME METHOD CODE (mL per minute) ( ) p (3P-5 2 HDPE 250nnL HNO3 0 Arsenic/6020 APP 500rnL REMARKS: MATERIAL CODES: AG=Amber Glass; CG=Cl[ear Glass; HDPE=High Density Polyethylene; LDPE=Low Density Polyethylene; PIP=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:+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 NTLI;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 �, 1 1i.�•. «1'CA /SOLATION: 1 � !�► F��'"e� c�� I�v��"/t � `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 D. 1Z �- r �► f , �� ► Z d zea S, �� S" Z _ 10 v 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) i0c)(3-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 Nuri—ENVIRONMENTAL F FSO —,INO. Your Project Is Ocr Commitment. Pace Analytical Services,LLC auceA�# t 3610 Park Central Blvd N { alyficaff Pompano Beach,FL 33064 www.pacelabs.com (954)582-4300 I 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. ,AC � REPORT OF LABORATORY ANALYSIS I; This report shall not be reproduced,except in full, �e without the written consent of Pace Analytical Services,LLC. Page 1 of 17 Pace Analytical Services,LLC auceA�# t 3610 Park Central Blvd N { alyficaff Pompano Beach,FL 33064 www.pacelabs.com (954)582-4300 I 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#: FL01264 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#: LAB0152 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 auceA�# t 3610 Park Central Blvd N { alyficaff Pompano Beach,FL 33064 www.pacelabs.com (954)582-4300 I CERTIFICATIONS Project: 115 N. Federal Hwy-Revised Report Pace Project No.: 35650753 Pace Analytical Services National Washington Certification#:C847 A2LA-ISO 17025 Certification#: 1461.01 West Virginia Certification#:233 A2LA-ISO 17025 Certification#: 1461.02 Wisconsin Certification#:998093910 Al HA-LAP/LLC EMLAP Certification#:100789 Wyoming UST Certification#:via A21LA 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 auceA�# t 3610 Park Central Blvd N { alyficaff Pompano Beach,FL 33064 www.pacelabs.com (954)582-4300 I 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 auceA�# t 3610 Park Central Blvd N { alyficaff Pompano Beach,FL 33064 www.pacelabs.com (954)582-4300 I 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 auceA�# t 3610 Park Central Blvd N { alyficaff Pompano Beach,FL 33064 www.pacelabs.com (954)582-4300 I 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 auceA�# t 3610 Park Central Blvd N { alyficaff Pompano Beach,FL 33064 www.pacelabs.com (954)582-4300 I 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 1P 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 1P 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 1P delta-BHC 0.0048 U ug/L 0.0099 0.0048 1 07/29/2109:33 07/29/21 19:48 319-86-8 1p gamma-BHC(Lindane) 0.0022 U ug/L 0.0099 0.0022 1 07/29/21 09:33 07/29/21 19:48 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 1P 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 1P 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 1P Dieldrin 0.0072 1 ug/L 0.0099 0.0020 1 07/29/21 09:33 07/29/21 19:48 60-57-1 1P 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 1P 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 1p 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 1P 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 1p Heptachlor 0.0061 U ug/L 0.0099 0.0061 1 07/29/21 09:33 07/29/21 19:48 76-44-8 1P 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 1P Methoxychlor 0.0042 U ug/L 0.0099 0.0042 1 07/29/21 09:33 07/29/21 19:48 72-43-5 1P Toxaphene 0.25 U ug/L 0.50 0.25 1 07/29/2109:33 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 auceA�# t 3610 Park Central Blvd N { alyficaff Pompano Beach,FL 33064 www.pacelabs.com (954)582-4300 I 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: EPA 6020 Preparation Method:3015 Pace National-Mt.Juliet Arsenic 8.11 ug/L 2.00 0.180 1 08/19/2101:07 08/19/21 17:52 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 auceA�# t 3610 Park Central Blvd N { alyficaff Pompano Beach,FL 33064 www.pacelabs.com (954)582-4300 I 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 auceA�# t 3610 Park Central Blvd N { alyficaff Pompano Beach,FL 33064 www.pacelabs.com (954)582-4300 I 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 auceA�# t 3610 Park Central Blvd N { alyficaff Pompano Beach,FL 33064 www.pacelabs.com (954)582-4300 I 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 EndosulfanI 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 auceA�# t 3610 Park Central Blvd N { alyficaff Pompano Beach,FL 33064 www.pacelabs.com (954)582-4300 I 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 auceA�# t 3610 Park Central Blvd N { alyficaff Pompano Beach,FL 33064 www.pacelabs.com (954)582-4300 I 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. 1P 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 auceA�# t 3610 Park Central Blvd N { alyficaff Pompano Beach,FL 33064 www.pacelabs.com (954)582-4300 I 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 \8 co � l' E vE d � ky}�i E ++ � v Q v 8 t++I L l 1 Q a�N y I7� 11, o��ce v� �O � . �40 wmmo.�n�t i% Q�75 in Ana zoaoa �� 1 w`a`aaN�.3 8Dr°1 , 70" rnod<W0 Y N 0 7 ' > '. r M', `°O C14 0t JON M m cp U � mm W E E -� 22zz ¢7 li 0 N aU "o oS - , c y l i} "�0 co 0 O �i E E Eo � v l { z ) �,"t aUaaUa <n �pE .o(DLL, 0. 1 z :=z t",� aUaa Ua¢ui0arn w $i }� Q[nU❑ O g pea- Ssl ' d � a�dwvxa ' O «'6 � w117 _ ,0 IEI 0 0 0 0 El L1 �l7� LL a'�,}„+s IN a +€ 1� 11 El Cl Q _E] El El E1 El €si', E Irk �s ! A h 000 110 w 1 i tt _ 0El --LEJ 1-1 :1__ LO 000000000 „� �_ %' wp > to LO IJ E. . ➢� Pv �w 1 p + ! O �� 451 q� w sit'+f �� 11 10 0 0 El 0 0 � 1r�1=, � s s l`�” .�t kill �, c � �,, �5 3� ! s'�1}�� 7�� f ! '�t, INVI ,. � � .;rcti..eA�� '4 , aye ,1 ... ".v E ,S zWE a. E ct > m Yv %5.R4 _ _ t i ij ” ' •�117- � a i� �'�(i}, o N o e. �, w 1s ilgg ��tCl . O She N J Q. 3 i� -. � E m E§4�, r_._N CO moi' LO (D I— 00 0) O %'( _ ! ' a N ch �t E m m - '� a nz U)cn€ ag 15 17 ..,..,w e.., ,. •„• ocusr ient n - ung a dr�r�y ' F-FL C-007 rev.13 Pace Florida OddalKy Office PrOjet Date and Initials oferson: PM: CTR Due Date: 08/02/21 P Project Mal1aC Examining contents:_ - CLIENT: 36-NUTTEN label: C,ile Deliver: Thermometer Used: Date: I-2.7 ti Time: _ Initials: State of Origin: ❑ For WV projects,all containers verified to 56°C Cooler#1 Temp.,C (Visual) '0- (Correction Factor) 7- v (Actual) ❑ Samples on ice,cooling process has begun Cooler#2 Temp.-C-1 �(Visual) (Correction Factor) - Z (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.*C (Visual) (Correction Factor) (Actual) p Samples on ice,cooling process has begun Cooler#6 Temp.°C (Visual) (Correction Factor)_(Actual)(Actual) ❑ Samples on ice,cooling process has begun Courier: ❑ Fed Ex ❑ UPS ❑USPS ❑ Client ;2 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: ds LINO Seals intact: es ❑No Ice: Wt t Blue Dry None Packing Material: ❑Bubble Wrap - Bubble Bags ❑NoneQ Other Samples shorted to lab(If Yes,complete) Shorted Date: ( Shorted Time: Qty: Comments: Chain of Custody Present Ves ❑No ❑N/A Chain of Custody Filled Out f fes ❑No ❑NIA Relinquished Signature&Sampler Name COC Yes ❑No ❑N/A Samples Arrived within Hold Time 'Yes ❑No ❑N/A Rush TAT requested on COC ❑Yes f3lNo ❑N/A Sufficient Volume Yes ❑No ❑N/A Correct:Containers Used r/Yes es ❑No ❑WA Containers Intact Yes ❑No ❑N/A Samplo Labels match COC{sample ft?s&ctatetlirrEe sof ocrllttaon} Yes ❑No ❑N/A All containers needing acidltiase prosera+ativn have been the ed, Preservation Information es ❑No ❑N/A Preservative: Alt Containers needing preservation are found to be in �" compliance with EPA recommendation: Lot :Trace#: _`(tis ❑No ❑N/A Date: Trate: Uceptions:VOA,Co4form,TOC,O&G,Carbo rues Initials: Headspace in VOA Vials?(-6mm): EEEE]Yes ❑No NIA Trip Blank Present: ❑No ❑ /A Client Notification/Resolution: Person Contacted: DatelTime: Comments/Resolution(use back for additional comments): Project Manager Review: Date: Page 16 of 17 ocument Name: Document Revised: Sample Condition Upon Receipt Form May 30,2018 „v ocumant No.: ssuirtg Authority: F-FL-C-007 r— VA Pace Florida Quality Office Project# PM CTR Due Date: 08/02/21 Date and Initials of person: Project Manager; CLIENT: 36—NUTTEN Examining contents: Label: _ Client: Deliver: pH- Thermometer Used: V Dater Time: t'V —Initials State of Agip" [] For WV qqiects,all containers verified to s6°C r' ^mm— t Cooler#1 Temp.°C (Visktal) (Correction Factor) �} (Actual) I/f Samples on ice,cooling process has begun -71 Cooler#2 Temp.°C J (Visual) (Correotltaat Factor) (ACtktal) /❑' 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. WX 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 El N/A All containers needing acid/base preservation have been preservation Information: checked. ❑Yes ❑No ❑N/A Pruservative: All Containers needing preservation are found to be in Lot#!Trace#; compliance with EPA recommendation: ❑Yes ❑No ❑N/A Date: Tttnet 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 auceA�# t 3610 Park Central Blvd N { alyficaff Pompano Beach,FL 33064 www.pacelabs.com (954)582-4300 I 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. ,AC � REPORT OF LABORATORY ANALYSIS I; This report shall not be reproduced,except in full, �e without the written consent of Pace Analytical Services,LLC. Page 1 of 16 Pace Analytical Services,LLC auceA�# t 3610 Park Central Blvd N { alyficaff Pompano Beach,FL 33064 www.pacelabs.com (954)582-4300 I CERTIFICATIONS Project: 115 N. 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#: FL01264 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#: LAB0152 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 auceA�# t 3610 Park Central Blvd N { alyficaff Pompano Beach,FL 33064 www.pacelabs.com (954)582-4300 I CERTIFICATIONS Project: 115 N. Federal Hwy Pace Project No.: 35655959 Pace Analytical Services National Washington Certification#:C847 A2LA-ISO 17025 Certification#: 1461.01 West Virginia Certification#:233 A2LA-ISO 17025 Certification#: 1461.02 Wisconsin Certification#:998093910 Al HA-LAP/LLC EMLAP Certification#:100789 Wyoming UST Certification#:via A21LA 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 auceA�# t 3610 Park Central Blvd N { alyficaff Pompano Beach,FL 33064 www.pacelabs.com (954)582-4300 I 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 auceA�# t 3610 Park Central Blvd N { alyficaff Pompano Beach,FL 33064 www.pacelabs.com (954)582-4300 I 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 auceA�# t 3610 Park Central Blvd N { alyficaff Pompano Beach,FL 33064 www.pacelabs.com (954)582-4300 I 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 auceA�# t 3610 Park Central Blvd N { alyficaff Pompano Beach,FL 33064 www.pacelabs.com (954)582-4300 I 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 08/20/2108:46 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 auceA�# t 3610 Park Central Blvd N { alyficaff Pompano Beach,FL 33064 www.pacelabs.com (954)582-4300 I 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 auceA�# t 3610 Park Central Blvd N { alyficaff Pompano Beach,FL 33064 www.pacelabs.com (954)582-4300 I 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 auceA�# t 3610 Park Central Blvd N { alyficaff Pompano Beach,FL 33064 www.pacelabs.com (954)582-4300 I 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 Clual 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 auceA�# t 3610 Park Central Blvd N { alyficaff Pompano Beach,FL 33064 www.pacelabs.com (954)582-4300 I 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 auceA�# t 3610 Park Central Blvd N { alyficaff Pompano Beach,FL 33064 www.pacelabs.com (954)582-4300 I 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. Page 12 of 16 a60 d 0 41z wCL x. ci N u 55 q3 +73 i-I u� as a a'U xw 43 W ik F t p. rd a) r > �± a o m c u a a v a c vs ca E �w v E — o v nu� o m1 � �s u r a h u u a 6 ]v u E m o o o E a.J m �M41� umm w a n a c c ..,4 O 652 cl± # G U .. M 10 z h F- u "v9 '4.7 U F: 4 5 (p _ rd Eb en Sa H P7 C R7 2.y +b G7 z + b ?x €41 M O3 W 0-A °H ill u w 41 iP41 43 W 'mo AS5'v {1r Sf5 A+Rf3' 2$ o 1 'o, !'! i C C 53 Cf 4 {'.1 V5 4k Pi C q3 tti z' m d t z Trr Lr) m D m �, QD �q zf '. J. co q)M .. a vi �. '- {. to S3 y o i 3 E n �4,� h. LL ^E _ to L C Sv i S% ro '� 2 o kq Ql E • �, co o u iz h fl1 0 R5 R5 a e c7 o ra o ' a f] E Et9 A v e+ E roF d w ca z h z z c^", c m 0 a 'a ° d z w z az �cFE- u aD E ra E E E �� Lj cr 4. O �5 at a �. �., 'C �cc E > oO > ov a > a F! x.+ V u Q Q d lL u d > N c cc v wA VN E 3- p .. -' C fl 4J Cl 7••--. O � Q� O 'r'aL +u E " u Zaj ~ Q epi. .a tl3 cti 6i E E E cc LL Uo 1 iss et. k-- - o Lz } a j � c c � 41 c v m n E � Cn a 1 C/, a vOi p o E E tf z C @ a s u o u ID O V U dcr E o o '� a v E _ a ° 13o -46 u a w u° v a w u° u in u^ g u u c° 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 �, 1 1i.�•. «1'CA /SOLATION: 1 � !�► F��'"e� c�� I�v��"/t � `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 D. 1Z �- r �► f , �� ► Z d zea S, �� S" Z _ 10 v 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) i0c)(3-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 ° t• F Oq 0 0 fy d 1 z cell w a c v - ae z o a c moi+ C n g - ✓`J 6 V;Y �+ •'' U �Zz 0 E 8 ami Z � V CeJ 1 a � ✓ r o ci E a W d 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 � /] -�' aJ v a; e•n� ems`� � � ;,�)1 �.l °. E .c c � a ° � °1 a' �e w N r a v o w x W O C V C Z c y V CY 0 O E U N UI L O . ro EO y d .cc L r � N� a { E E 'c `m L° ~ ami o 0 c w N H U U U V v U tl O F� 2R S 2 2 2 cn (n U)�. Fes- F� H H . O O O G z Page 15 of 16 Document Nami�.— Document Ravise& Sample Condition Upon Receipt Form May 30,2018 Document No,: Issuing Author4: F-P I — -- Pace Florida Quality Office Wn:Q�# : 3W6�5- 59W9��-- Project# PM--, CTR I)Ue 08/20/21 Date and Initials of person: Project Manager: CLIENT: 36—NUTTEN Examining contents: Client: Deliver: pH- Thermometer Used Date: Time: C) State of O For vermedm56°n Cooler wnTamp.'-_ _.'wva:> __ -_- ^��mao �°^m*/*""n/n.nvmm�pmoussoasu euu"_= + `c�nemmn�mom� q � I~� Cooler#2Temo.'o_______<vipuwU ________(unnecunpFactor)_kvmumV LJ Samples nnice,cooling process has begun Cooler#oTemn.^n_______(msww; _______nu,,ectmnFactor)________(Amux0 [] Samples ooire,cooling process has begun Cooler#4Tomp.^c______(v/mua; _______(co,r,ou|ooFactor)________(AowmV [] Samples onice,cooling process o*nunuun Cooler wsTomp.^C_______<v/svaV ______]oo,muuooFactor)________<AvmoU [JSamples"nice,cooling process has begun Cooler#aTemp.^o________<mv"uV _(Correction Factor)_(Actual) [] Samples unice,cooling»mcru*has begun Courier: [] Fed Ex L] UPS 1-J USPS [] Client Ll Commeroi Peco E]Other Shipping Method: uFirst Overnight oPriority Overnight oStandard Overnight EJ Ground oInternational Priority ED Other Billing: El Recipient osonom, oThird Party oCredit Card ounknown rmowon# Custody Seal on CoolorIlBox Present: L]Yes )lf'N. Seals intact: L1 Yes []No Ice: yet Blue Dry None Packing Material: ElBubble Wrap /B ubble Bags ENone E Other Samples shorted to lab(if Yes,complete) Shorted Date: Shorted Time: Qty: Com Chain of Custody Present 13 No ONIA Chain of Custody Filled Out oy<s 0 No ON/A Relinquished Signature&Sampler Name COC es El No ON/A Samples Arrived within Hold Time �es,El No EINIA Rush TAT requested on COO 4fl'Ye, C3 No LIN/A Sufficient Volume 2 1es 11 No 11N/A Correct Containers Used 211-els 0 No ON/A Sample Labels match COO(sample IDs&dateltime of collection) I 1=1 No ON/A All containers needing acid/base preservation have been Preservation Information: checked. []Yes 0 No XIA Preservative: All Containers needing preservation are found to be in 1-11 Lot#/Trace#- E ceplions:VOA,Coliform,TOC,C&G,Carbarnates Initials: Client Notification/Resolution: Person Contacted: Date/Time: Comments/n=ovmuvn(xv°back for additional cummoms): Project Manager Review: omua: Page 1sm1s 0000000 000m v o m ar m a m omo m v o o m ko m y m 0 T Y 06 l0 N N T Y V1 N Ol Ln c0 c0 C C 8 W l0 r W l0 r Y O to O N Y O to O N V N N M V N N M O Ln LnGl Gl C C 7 7 l0 W 7 00 V1 W ati ati H 1p M N N H ti N 7 7 w W a) N T c o m a o cl o a m OJ O lD lD lD O OJ O d' N N T N N O) N.. T N O).N. T >, . w o •U O a-i N � O O H H W C Q N m ko M N. N.w 00 T N. ON m O O t0 •L n .-I to 0 O �..LL:C. i Vl of t0 O M w:..P::O: Y O N Ol tA. 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N (n rn y - N IM m Im 0 V y r Q 00 .1t 0 N 0 0 0 0 O O Lam} W LL 0 O L O LL ch ch 00 N Q 63 Q"> O CY aL i w 22chL :E E VN U- aw 0) o ,� p 0 pp p 06 cQU W o m Y o aL L L CO CU E E 0 'LC? � Im � oLo y Eo o E tC `�° E `�° d 0 i 0 tnUO t 0 cC 7 Q p M 0 p m Q w p y 0 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,with a business address of 100 East Ocean Avenue,4th Floor,Boynton Beach,Florida 33435,(hereinafter"SELLER")and BB QOZ,LLC,a Florida Limited Liability Company with a business address of 613 NW 3rd Ave.,Ste 104,Fort Lauderdale,Florida 33311 (hereinafter "PURCHASER." SELLER & PURCHASER may be referred to herein individually as "Party" and collectively as the"Parties." In consideration of 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"),which is hereby incorporated herein. The Parties intend that the purchase and sale and ensuing redevelopment of the Property will be effectuated in order to reduce slum and blight and to enable the construction of a mixed-use, transit-oriented development containing a mixed-income workforce housing rental apartment building with a minimum of 236 rental units available to various affordability ranges as set forth in the Tax Increment Revenue Financing Agreement attached here to as Exhibit"B" ("TIRFA") a minimum of 16,800 square feet of commercial space (e.g. restaurant, retail, and office), and 150 public parking spaces in addition to parking for the Project's residential and commercial tenants and providing public pedestrian connectivity within the Property, consistent with the proposal submitted by PURCHASER (the "Proposal") in response to the Request for Proposals and Developer Qualifications for the 115 N.Federal Highway Infill Mixed-Use Redevelopment Project ("RFP")issued by the CRA on July 23,2021,incorporated herein by this reference(the"Project"). The Project may be revised by PURCHASER from time to time pursuant to the terms of the TIRFA. 2. PURCHASE PRICE AND PAYMENT. The Purchase Price for the Property shall be ONE HUNDRED AND 00/100 DOLLARS($100.00)to be paid in full at Closing. SELLER has complied 01603622-8 PURCHASER's Initials: SELLER's Initials: 016036224 259374v8 PURCHASE AND DEVELOPMENT AGREEMENT Page 2 of 20 with Section 163.380,Florida Statutes,in proceeding with the sale of the Property to PURCHASER. 3. DEPOSITS. A Deposit in the amount of[TEN THOUSAND AND 00/100 DOLLARS ($10,000.00)](the"Deposit")shall be deposited Lewis,Longman&Walker,P.A.("Escrow Agent") within five (5) business days of the Effective Date. The Deposit shall be nonrefundable to PURCHASER after the expiration of the Feasibility Period,unless otherwise provided herein and shall be credited against PURCHASER'S costs at closing. 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. Intentionally Deleted 6. CLOSING DATE. The purchase and sale transaction contemplated herein shall close within thirty-six(36) months after PURCHASER's receipt of the Land Use Approvals unless extended by other provisions of this Agreement or by written agreement,signed by both parties. Notwithstanding the foregoing,the PURCHASER shall have the right to extend the Closing Date by up to 4 e e ,7 }.4pc_-ie4q-4-twelve(12) months subject to the prior written approval of SELLER, which written approval shall not be unreasonably withheld, condition or delayed provided that PURCHASER is exercising good faith and due diligence to achieve the Closing and further provided that PURCHASER delivers notice of its election to exercise such extension at least thirty (30) days prior to the then-Closing Date. Unless earlier terminated pursuant to the terms of this Agreement,this Agreement shall automatically terminate should PURCHASER fail to close pursuant to this Section. 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. SELLER acknowledges that PURCHASER may,after Closing,pursue a unity of title with respect to the Project and/or certain parcel splits with respect to the Project. SELLER shall reasonably cooperate with PURCHASER, at no cost to SELLER, in order to coordinate and accommodate PURCHASER's pre-closing and post-closing work in connection with the foregoing sentence. 8. INVESTIGATION OF THE PROPERTY. For a period until sixty (60) days from the Effective Date ("Feasibility Period"), PURCHASER and PURCHASER'S agents, employees, designees, contractors, surveyors, engineers, architects, attorneys and other consultants 01603622-8 PURCHASER's Initials: SELLER's Initials: 016036224 259374v8 PURCHASE AND DEVELOPMENT AGREEMENT Page 3 of 20 (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,in which event the Deposit shall be promptly refunded to PURCHASER.If PURCHASER elects to terminate this Agreement in accordance with this Section, PURCHASER shall: (i) shall repair and restore any damage caused to the Property by PURCHASER'S testing and investigation; and (ii) release to SELLER,at no cost,all non-proprietary and non-confidential 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; provided, however, the foregoing indemnification obligations of PURCHASER shall not apply to (i) any damages arising from the negligence or misconduct of SELLER, its agents,employees or representatives,or(ii)any conditions or defects existing on, in or under the Property or arising out of the mere discovery of such conditions or defects on, in, under or within the Property. PURCHASER'S obligations under this Section shall survive Closing and the termination of this Agreement for a period of one(1)year. 8.1 SELLER's Documents. SELLER shall deliver to PURCHASER the following documents and instruments within ten (10) days of the Effective Date of this Agreement: any existing title policies, surveys, 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,and any other documents reasonably requested by PURCHASER. 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 Old Republic National Title Insurance Company (hereinafter"Title Company"),a Title Commitment coveringthe Propertyand proposingto insure PURCHASER in the amount of the Purchase Price subject only to the Permitted Exceptions, together with complete and legible copies of all instruments identified as conditions or exceptions in Schedule B of the Title Commitment. PURCHASER shall examine the Title Commitment and deliver written notice to SELLER no later than twenty(20)days after receipt of the Title Commitment notifying SELLER of any objections PURCHASER has to the condition of title 01603622-8 PURCHASER's Initials: SELLER's Initials: 016036224 259374v8 PURCHASE AND DEVELOPMENT AGREEMENT Page 4 of 20 (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 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, 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. Notwithstanding anything to the contrary in this Agreement, SELLER shall be obligated, at Closing, to cause the Title Company to remove (by waiver or endorsement) the following (collectively, the "Required Cure Items"), whether or not PURCHASER objects to such items in PURCHASER's Title Objections:any(a)mortgage or deed of trust granted by SELLER affecting the Property; (b) mechanic's lien with respect to work contracted for by SELLER at the Property; (c) liens securing the payment of taxes and assessments; and (d)other liens encumbering the Property(including judgments,federal,state and municipal tax liens). Prior to the Closing, PURCHASER shall have the right to cause the Title Company to issue one 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 have an adverse effect on the Property or the Project, in PURCHASER's sole and absolute discretion,PURCHASER shall have the right to object to such new or different conditions in writing prior to Closing. All rights and objections of the Parties with respect to objections arising from the Title Update shall be the same as objections to items appearing in the Title Commitment, subject to the provisions of this Section. 8.3 Survey Review. PURCHASER, at PURCHASER'S expense, may obtain a current boundary survey(the"Survey")of the Property. If the Survey discloses any matters that are unacceptable to PURCHASER, in PURCHASER's sole and absolute discretion,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 Marketable Title. SELLER delivering marketable title to the Property subject only to those title exceptions acceptable to the PURCHASER,all as more specifically set 01603622-8 PURCHASER's Initials: SELLER's Initials: 016036224 259374v8 PURCHASE AND DEVELOPMENT AGREEMENT Page 5 of 20 forth herein. 9.2 Representations and Warranties. All of the representations and warranties of SELLER contained in this Agreement shall be true and correct as of Closing. 9.3 Pending Proceedings. At Closing, there shall be no litigation or administrative agency or other governmental proceeding of any kind whatsoever involving the Property or the SELLER, pending or threatened,which has not been disclosed, prior to closing, and accepted by PURCHASER. 9.4 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. 9.5 Land Use Approvals. PURCHASER obtaining all required site plan, zoning and platting/replatting approvals from the City of Boynton Beach necessary to procure building permits to construct the Project on the Property(the"Land Use Approvals").SELLER authorizes the Buyer to apply for and obtain the necessary Land Use Approvals and agrees to cooperate in any such applications and the approval process and to execute without delay any and all required documentation necessary to make application for Land Use Approvals for the Project. 9.6 Occupancy. The Property shall be conveyed to PURCHASER at Closing subject only to the Leases(hereinafter defined). 9.7 Estoppels.SELLER shall have delivered an estoppel certificate from each of the tenants under the Leases,dated not more than thirty(30)days prior to the Closing Date, in the form attached hereto as Schedule 9.7,which shall be delivered to PURCHASER at least five (5)days prior to the Closing Date. 9.8 Service Contracts. At Closing, SELLER shall terminate all service and management contracts relating to the Property at SELLER's sole cost and expense, unless PURCHASER elects to assume any of such contracts,in PURCHASER's sole and absolute discretion. 9.9 Permits and Code Violations. SELLER shall have closed out all open or expired permits and cured any code violations applicable to the Property prior to the Closing Date.For the avoidance of doubt,any legal,non-conforming use approved by the City of Boynton Beach shall not be deemed to be code violation. If any condition precedent set forth in the foregoing Section 9 hereof is not satisfied as of the Closing Date (or within the time frame specifically set forth in such clause), and PURCHASER elects,in PURCHASER's sole and absolute discretion,not to waive such condition precedent,then PURCHASER shall have the right to terminate this Agreement by written notice to SELLER, in 01603622-8 PURCHASER's Initials: SELLER's Initials: 016036224 259374v8 PURCHASE AND DEVELOPMENT AGREEMENT Page 6 of 20 which event the Deposit shall be returned to PURCHASER and this Agreement shall be null and void and neither party shall have any further rights or obligations under this Agreement except those which expressly survive termination. 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 meet the requirements of Section XXX herein. 10.2 SELLER's Affidavits. SELLER shall furnish to Title Company and the PURCHASER an owner's affidavit acceptable to the Title Company 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 PURCHASER and 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 Assignment of Leases. An Assignment and Assumption of Leases,Security Deposits and Service Contracts in the form attached hereto as Exhibit [_]. 10.6 Bring-Down Certificate. A "bring-down" certificate executed by SELLER recertifying SELLER's representations and warranties set forth in this Agreement as of the Closing Date,in the form attached hereto as Schedule 10.6. 10.7 Leases and Service Contracts. Originals, or, if unavailable, copies, of the 01603622-8 PURCHASER's Initials: SELLER's Initials: 016036224 259374v8 PURCHASE AND DEVELOPMENT AGREEMENT Page 7 of 20 Leases (together with all tenant files, tenant ledgers and records) and assigned and assumed Service Contracts then in effect at the Property. 10.8 Miscellaneous.Any keys,access cards,combinations and pass codes to any locks and security systems on the Property over which SELLER has control shall be left by SELLER at the Property upon Closing. All correspondence and documents in SELLER's possession or control relating to the Leases and the operation of the Property shall be left by SELLER at the Property upon Closing; 10.9 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 and assessments, if any, for the Property shall be prorated as of 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 Proration of Rents. The rent payable by tenants under the Leases shall be prorated as of the day before Closing; provided,however,that rent and all other sums which are due and payable to SELLER by any tenant but uncollected as of the Closing (collectively, the "Delinquent Amounts") shall not be adjusted. At Closing, SELLER shall deliver to PURCHASER a schedule of all such Delinquent Amounts. 11.3 Proration of Utilities. Water,electric,and all other utility and fuel charges shall be prorated as of the day before Closing (to the extent possible, utility prorations will be handled by meter readings on the day immediately preceding the Closing Date). 11.4 Prepaid Rents and Security Deposits. At Closing, SELLER shall credit to PURCHASER the amount of any unapplied security deposits or prepaid rents under the Leases. 11.5 Closing Costs. SELLER shall pay for the documentary stamps on the Deed, 01603622-8 PURCHASER's Initials: SELLER's Initials: 016036224 259374v8 PURCHASE AND DEVELOPMENT AGREEMENT Page 8 of 20 the cost of the Owner's Policy of Title Insurance,the cost of satisfying any liens which SELLER is obligated to satisfy, the cost of recording the Deed and any cost associated with curing title. PURCHASER shall pay for all endorsements to the Owner's Policy of Title Insurance (including, without limitation, premiums for any loan policy or endorsements thereto required by PURCHASER's lender, if any), and the cost of any documentary stamp or intangible tax in connection with PURCHASER's financing. Each party shall be responsible for their respective attorneys'fees. 11.6 Closing Procedure. PURCHASER shall fund the Purchase Price subject to the credits,offsets and prorations set forth herein. SELLER and PURCHASER(as applicable)shall execute and deliver to the Closing Agent the Closing Documents. The Closing Agent shall, at Closing: (i) disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a "marked-up"Title Commitment to PURCHASER, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. 11.7 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. Except for the Tenants listed on the rent roll attached hereto as Exhibit[_],there are no parties other than SELLER in possession or with a right to possession of any portion of the Property. 01603622-8 PURCHASER's Initials: SELLER's Initials: 016036224 259374v8 PURCHASE AND DEVELOPMENT AGREEMENT Page 9 of 20 12.5 Acts Affecting Property. Except as required by law or as necessary to address Tenant needs,from and after the Effective Date,SELLER will refrain from(a)performing any grading, excavation, construction, or making any other change or improvement upon or about the Property; (b)creating or incurring,or suffering to exist,any mortgage,lien, pledge,or other encumbrances in any way affecting the Property other than the Permitted Exceptions (including the mortgages,liens,pledges,and other encumbrances existing on the Effective Date) and (c)committing any waste or nuisance upon the Property. 12.6 Leases. SELLER has delivered to PURCHASER true, correct and complete copies of all the Leases.To SELLER's knowledge:(i)each Lease is in full force and effect;(ii)neither landlord nor tenant are in default under the Leases and no event has occurred or failed to occur which,with the passage of time or giving of notice or both,would constitute a default under any such Lease; (iii) no tenant has paid any rent for more than one month in advance and (iv) no tenant is entitled to any free rent,abatement of rent or similar concession. 12.7 Violations.The Property is not in violation of any building, fire or health code or any other statute, law, ordinance or code applicable to the Property.There are no: (i) existing or pending improvement liens affecting the Property;(ii)existing,pending or threatened zoning,building or other moratoria,downzoning petitions,proceedings,restrictive allocations or similar matters that could have a material adverse effect on the use and value of the Property. 12.8 Employees. There are no employees of SELLER employed in connection with the Property whom PURCHASER would be obligated to retain or compensate after the Closing Date. 13. DEFAULT. 13.1 PURCHASER'S Default. In the event that this transaction fails to close due to a wrongful refusal to close or a material default on the part of PURCHASER, SELLER shall be entitled to retain the Deposit, and neither PURCHASER nor SELLER shall have any further obligation or liabilities under this Agreement,except for those expressly provided to survive the termination of this Agreement;provided,however,that PURCHASER shall also be responsible for the removal of any liens asserted against the Property by persons claiming by,through or under PURCHASER. 13.2 SELLER'S Default. In the event that SELLER fails to fully and timely perform any of its obligations and covenants hereunder or if SELLER is in breach of any representations herein or is otherwise default under this Agreement, which default has not been cured as provided for herein, PURCHASER may, at its option (i) declare SELLER in default under this Agreement in which event PURCHASER may terminate this Agreement,receive back its Deposit, 01603622-8 PURCHASER's Initials: SELLER's Initials: 016036224 259374v8 PURCHASE AND DEVELOPMENT AGREEMENT Page 10 of 20 and thereafter neither party shall have any further rights hereunder, (ii) seek specific performance of this Agreement;or(iii)waive SELLER's default and proceed to Closing. 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 herein. 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,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 Ave,Suite 1100 West Palm Beach,Florida 33401 If to PURCHASER: BB QOZ,LLC Attention:Jeff Burns&Nicholas Rojo 613 NW 3rd Ave.,Ste.104 Fort Lauderdale, Florida 33311 With a copy to: Kapp Morrison LLP Attention:Lance M.Aker,Esq. 7900 Glades Road,Ste 550 Boca Raton,Florida 33434 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 01603622-8 PURCHASER's Initials: SELLER's Initials: 016036224 259374v8 PURCHASE AND DEVELOPMENT AGREEMENT Page 11 of 20 assigns of the Parties hereto. SELLER may not assign its interest in this Agreement without the prior written consent of PURCHASER, in PURCHASER's sole and absolute discretion. It is understood, however,that SELLER may assign its interest to the City of Boynton Beach without the prior written consent of PURCHASER,provided that the City of Boynton Beach acknowledges in the document assigning this Agreement that it shall be obligated to close the transaction contemplated herein and comply with apply with all Sections of this Agreement as if such assignee were the original party to this Agreement. This Agreement may be assigned,without the prior written consent of SELLER,by PURCHASER to an entity that is managed by PURCHASER's key principals, Jeff Burns and Nicholas Rojo, and thereafter PURCHASER'S assignee shall be obligated to close the transaction contemplated herein and comply with apply with all Sections of this Agreement as if such assignee were the original party to this Agreement. Any assignment by PURCHASER to an unrelated party shall be subject to the written approval of SELLER. 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, except as specifically provided herein, 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. Notwithstanding the foregoing, 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. 01603622-8 PURCHASER's Initials: SELLER's Initials: 016036224 259374v8 PURCHASE AND DEVELOPMENT AGREEMENT Page 12 of 20 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. 19r+„r+eRall„9ek4Q4L PURCHASER shall assume the rights and make best efforts to perform all obligations of the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY described in Section 21 of the Purchase and Sale Agreement between the SELLER and 500 Ocean Properties,LLC,attached hereto as Exhibit f 1. 20. LEASES/RELOCATION. 20.1. At Closing, the following leases shall be assigned in their entirety to PURCHASER(the"Leases"): • Freddie Brinley-517%E.Ocean Avenue,Apt.5 • Harvey E. Oyer,Jr., Inc. d/b/a Oyer Macoviak and Associates - 511 E. Ocean Avenue • Cafe Barista,Inc.d/b/a Hurricane Alley-527,529&531 E.Ocean Avenue • Florida Technical Consultants,LLC-533 E.Ocean Avenue,Suites 2&3 • Kala Marketing Group and Reinaldo Schiavinato-533 E.Ocean Avenue,Suite 5 20.2.PURCHASER acknowledges that a current tenant of the Property is Hurricane Alley("HA Tenant").PURCHASER shall use reasonable efforts to relocate HA Tenant to the Project and shall use reasonable efforts to work with HA Tenant to phase construction activities of the Project in order to minimize (in the exercise of commercial ,reasonableness) the timeframe Commented[STI]:Need to define commerelal between demolition of the HA Tenant's current premises and construction and delivery of HA �teasonabteness ------------------------------------------------------------------------------------------ Tenant's new premises within the Project. 21. DEVELOPMENT TIMELINE. The following events must occur and be documented in writing and provided to the SELLER upon completion of each action (collectively the "Project Milestones").At all times after the Effective Date,SELLER shall cooperate with PURCHASER using good faith and due diligence to facilitate and expedite PURCHASER's satisfaction of the Project Milestones,which include,without limitation,the Land Use Approvals. 01603622-8 PURCHASER's Initials: SELLER's Initials: 016036224 259374v8 PURCHASE AND DEVELOPMENT AGREEMENT Page 13 of 20 21.1 Submission of application to the City for site plan approval within one hundred eighty(180)days from the Effective Date. 21.2 PURCHASER shall diligently and continuously pursuing site plan approval and all other required Land Use Approvals until the same are issued. - commented[sr2]:weed better language for deadline for Land Use approval.Or else there will be approximately 4.5 21.3 Approval of the construction loan in an amount sufficient to develop the j cyears ompletion. no date for i completion.Will need following: Project on or before Closing. PURCHASER shall provide SELLER verifiable documentation 1.Deadline for site plan approval necessary to evidence that financing has been obtained for construction of the Project, 2.Deadline for building permit application within ten (10) days of receipt of such approval by the PURCHASER and no later than 3.Deadline for permit issuance { 4_Deadline_fot_completion of construction Closing. PURCHASER shall provide SELLER with updates on the process of obtaining financing for the Project, together with reasonable documentation, upon SELLER's request therefor. 21.4 Intentionally deleted. 21.5 Commencement of Construction within two (42)years of the Closing Date pursuant to the terms of this Agreement.Notwithstanding anything to the contrary herein, PURCHASER may extend the deadline for Construction Commencement by one (1) period of twelve (12) months, subject to receipt of written approval from SELLER, which approval shall not be unreasonably withheld, conditioned or delayed provided PURCHASER is using good faith efforts and due diligence to achieve Construction Commencement. "Construction Commencement" means the date when both of the following have occurred: PURCHASER has provided adequate proof of a financial closing, and PURCHASER has actually begun construction activities, including demolition, site clearing, excavation, utility relocation consistent with the City Code and all applicable permits +a eg,a , such that construction activities will continue on a consistent basis to complete construction of the Project. For purposes of this Section, a "financial closing" means the date on which all financial agreements and loan documents for the financing of the Project through completion have been executed and all required conditions contained in such financial agreements and loan documents have been satisfied,as determined by the Lender and PURCHASER. 21.6 Completion of Construction within thirty-six(36)months of Commencement of Construction;provided,however,Developer shall have the right to extend the deadline for receipt of the temporary certificate of occupancy for one (1) period of twelve (12) months subject to receipt of written approval from the CRA,which approval shall not be unreasonably withheld, condition or delayed by provided Developer is using good faith efforts and due diligence to obtain the temporary certificate of occupancy.After receipt of a temporary certificate of occupancy, Developer shall use good faith efforts and due diligence to obtain a final certificate of occupancy in an expeditious manner. 22. Intentionally Deleted. 01603622-8 PURCHASER's Initials: SELLER's Initials: 016036224 259374v8 PURCHASE AND DEVELOPMENT AGREEMENT Page 14 of 20 22.1 Reverter Clause.The Special Warranty Deed shall contain a reverter clause (the"Reverter Clause")that shall run with the Property from the Closing Date until Construction Commencement,at which point the Reverter Clause shall automatically terminate.SELLER shall have the right to exercise its right of reverter if Commencement of,Construction does not occur ;Commented[ST3] 41 ii<�< u1< 1< ,cu 'icr as to how pursuant to the timeline set forth in Section 21.5 hereof. In the event the SELLER exercises its 1 long should reverter remain in effect(commencement or n)_ right of reverter, SELLER shall pay to PURCHASER: (i) the Purchase Price of the property as set completion of constructio forth in Section 2 of this Agreement; and (ii) the amount of all out-of-pocket predevelopment and development costs incurred by Buyer in connection with the Project, which shall be evidenced by bank statements, invoices and other documentation reasonably requested by SELLER, to the extent that the costs associated with those improvements have not been recaptured by the PURCHASER.To carry out the terms of this Section, PURCHASER shall execute a reverter agreement in the form set forth on Exhibit"B." 23. MISCELLANEOUS. 23.1 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. 23.2 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. 23.3 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 01603622-8 PURCHASER's Initials: SELLER's Initials: 016036224 259374v8 PURCHASE AND DEVELOPMENT AGREEMENT Page 15 of 20 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 Section shall survive termination of this Agreement and the Closing. 23.4 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. 23.5 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. 23.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by SELLER and PURCHASER shall control all printed provisions in conflict therewith. 23.7 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. 23.8 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.However,SELLER's obligation under this section shall not exceed the statutory limits provided within Section 768.28, Florida Statutes,and nothing in this Agreement shall be deemed a waiver of SELLER's sovereign immunity rights. 23.9 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. 23.10 No Recording. This Agreement shall not be recorded in the Public Records of Palm Beach County,Florida without the prior approval of both parties. 01603622-8 PURCHASER's Initials: SELLER's Initials: 016036224 259374v8 PURCHASE AND DEVELOPMENT AGREEMENT Page 16 of 20 23.11 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. 23.12 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. 23.13 Operation of Property. From and after the Effective Date: (i) SELLER shall own, operate, manage and maintain the Property in its ordinary course of business consistent with past practices and shall not sell,further pledge,or otherwise transfer or dispose of all or any part of any Property; (ii)SELLER shall maintain in full force and effect property insurance on the Property in amounts currently maintained by SELLER;and(iii)SELLER shall not enter into any new Leases or amend same that would remain in effect beyond Closing without PURCHASER's prior written consent. Additionally, SELLER shall, from and after the Effective Date, deliver to PURCHASER promptly after receipt thereof copies of(i)all written notices to SELLER from tenants, (ii) all written notices to tenants from SELLER, (iii) any notice of violation issued by any governmental authority with respect to SELLER or the Property, (iv) any notice relating to any claim of litigation or threatened litigation with respect to SELLER or the Property,(v)notice of the commencement or threat of any condemnation, eminent domain or similar proceedings with respect to or affecting the Property. 23.14 Force Majeure. Neither Party shall be held liable or responsible to the other Party nor be deemed to have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any term of this Agreement to the extent and for so long as such failure or delay is caused by or results from causes beyond the reasonable control of the affected Party (Events of Force Maiur_I including but not limited to fire,floods, embargoes,war,acts of war (whether war be declared or not), acts of terrorism, pandemics, insurrections, riots, civil commotions,strikes,lockouts or other labor disturbances,acts of God or acts,omissions or delays in acting by any governmental authority,or the other Party. Events of Force Majeure shall extend the period for the performance of the obligations for a period equal to the period(s)of any such delay(s). All terms contained herein are subject to Force Majeure.PURCHASER shall notify SELLER within 90 days of the onset of the Event of Force Maiure if PURCHASER intends to invoke this Section of the Agreement; otherwise, PURCHASER's rights under this Section shall be deemed waived for that Event of Force Maiure. 23.15 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; 01603622-8 PURCHASER's Initials: SELLER's Initials: 016036224 259374v8 PURCHASE AND DEVELOPMENT AGREEMENT Page 17 of 20 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. IF PURCHASER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO PURCHASER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561)737-3256; 100 East Ocean Avenue, 4th Floor, Boynton Beach, Florida 33435;or SHUTTT@bbfl.us. 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. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. PURCHASER: SELLER: BB QOZ,LLC BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Printed Name: Printed Name:Steven B.Grant Title: Title:Chair Date: Date: 01603622-8 PURCHASER's Initials: SELLER's Initials: 016036224 259374v8 PURCHASE AND DEVELOPMENT AGREEMENT Page 18 of 20 WITNESS: WITNESS: Printed Name: Printed Name: Approved as to form and legal sufficiency: CRA Attorney The remainder of this page was intentionally left blank. 01603622-8 PURCHASER'S Initials: SELLER'S Initials: 016036224 259374v8 PURCHASE AND DEVELOPMENT AGREEMENT Page 19 of 20 EXHIBIT"A" LEGAL DESCRIPTION PROPERTY: 7 parcels further detailed below: Parcel 1: Physical Address: 508 E.Boynton Beach Blvd,Boynton Beach,FL Parcel 4: 08434528030010060 Parcel 2: Physical Address: NE 41h St.,Boynton Beach,FL Parcel 4: 08434528030010080 Parcel 3: Physical Address: NE 1s'Ave.,Boynton Beach,FL Parcel 4: 08434528030010100 Parcel 4: Physical Address: 115 N.Federal Hwy.,Boynton Beach,FL Parcel 4: 08434528030060010 Parcel 5: Physical Address: 511 E.Ocean Ave.,Boynton Beach,FL Parcel 4: 08434528030060100 Parcel 6: Physical Address: 515 E.Ocean Ave.,Boynton Beach,FL Parcel 4: 08434528030060111 Parcel 7: Physical Address: 529 E.Ocean Ave.,Boynton Beach,FL Parcel 4: 08434528030060120 01603622-8 PURCHASER'S Initials: SELLER'S Initials: 016036224 259374v8 PURCHASE AND DEVELOPMENT AGREEMENT Page 20 of 20 EXHIBIT B REVERTER AGREEMENT This REVERTER AGREEMENT is dated as of this day of 2022, by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (the "SELLER") and BB QOZ,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 the Project on the Property, and other requirements in accordance with the guidelines and criteria set forth on in the Purchase and Development Agreement. C. The Deed shall provide that if the PURCHASER does not commence construction of the Project as set forth in this Agreement,then the Property shall revert to the SELLER. NOW THEREFORE,in consideration of the transfer of the Property to the PURCHASER and other consideration,the receipt and sufficiency of which are acknowledged,the parties agree as follows: 1. PURCHASER agrees at its sole cost and expense to commence the construction of the Project in accordance with the terms of the Purchase and Development Agreement attached hereto by no later than the time period set forth in Section 21.5 of the Purchase and Development Agreement of even date herewith (the"Construction Commencement Date"). 2. In the event Construction Commencement does not commence by the Construction Commencement Date (unless extended pursuant to the terms of the Purchase and Development Agreement),or PURCHASER has not provided adequate proof of a financial closing by Formatted:Highlight such date,the Property shall revert to and thereafter become fee simple real estate owned by the Formatted:Highlight SELLER. Within 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, delivery of which is contingent upon payment by SELLER to PURCHASER of the amounts specified in Section 22.1 of the Purchase and Development Agreement. 3. In the event PURCHASER enters into any construction loan financed with a 01603622-8 PURCHASER's Initials: SELLER's Initials: 016036224 259374v8 PURCHASE AND DEVELOPMENT AGREEMENT Page 21 of 20 commercial bank or similar lender intended to fund the construction and development of the Improvements, the SELLER agrees not to unreasonably withhold consent to enter into a Subordination Agreement in form and substance satisfactory to such lender. Upon the Construction Commencement Date, the SELLER agrees to promptly issue a recordable letter acknowledging the release of the reverter rights described herein. This Agreement shall be binding upon the parties hereto and shall be binding upon and inure to the benefit of their successors and assigns. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. This Agreement may only be modified or amended by a written agreement signed by authorized representatives of the parties hereto. WITNESS the following signatures as of the year and date first above written. PURCHASER: SELLER: BB QOZ,LLC BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Printed Name: Printed Name:Steven B.Grant Title: Title:Chair Date: Date: 01603622-8 PURCHASER's Initials: SELLER's Initials: 016036224 259374v8 PURCHASE AND DEVELOPMENT AGREEMENT Page 22 of 20 EXHIBIT C CONCEPTUAL DESIGN PLANS 01603622-8 PURCHASER'S Initials: SELLER'S Initials: 016036224 259374v8 PURCHASE AND DEVELOPMENT AGREEMENT Page 23 of 20 SCHEDULE 9.7 FORM OF TENANT ESTOPPEL TENANT ESTOPPEL CERTIFICATE 12022 BB QOZ,LLC 613 NW 3RDAVE.,STE 104 Fort Lauderdale,FL 33311 [LENDER INFO TO BE PROVIDED] [ ] [ ] Re: Lease dated by and between ("Landlord"), and , as tenant (the "Original Lease"), demising [Insert description of leased premises] (the"Premises")at the building known as and located at Florida(the"Property") To whom it may concern: The following statements are made with the knowledge that you and your successors and assigns, prospective PURCHASERS, including without limitation BB QOZ, LLC, a Florida limited liability company ("PURCHASER"), successor owners of the Property and present and future lenders secured by mortgages encumbering the Property or any interest therein may rely on them. The undersigned("Tenant"),as tenant under the Lease(hereafter defined),hereby certifies to you as follows: 1. The Original Lease and all amendments thereto are as follows: (collectively referred to as the "Lease"). The Lease is in full force and effect and constitutes the entire agreement between Landlord and Tenant with respect to the use and occupancy of the Premises and there are no other agreements which are binding upon Landlord in connection with the use and occupancy of the Premises. 2. Tenant has accepted possession of the Premises and all construction obligations of Landlord are complete. 3. The commencement and expiration dates of the term of the Lease are and respectively. There are no options to renew or terminate the lease except for 01603622-8 PURCHASER's Initials: SELLER'S Initials: 016036224 259374v8 PURCHASE AND DEVELOPMENT AGREEMENT Page 24 of 20 4. The rent commencement date is 5. The current monthly fixed base rent and other regular monthly recurring charges for the Premises are as follows: $ and have been paid through 6. The current monthly additional rent (which includes payments for Tenant's proportionate share of taxes,insurance,operating expenses and any other charges due under the Lease)are as follows:$ ,and have been paid through 7. All insurance required of Tenant under the Lease has been provided by Tenant,and all premiums have been paid. 8. The Guarantor under the Lease is and the guaranty is in full force and effect. 9. Neither Tenant nor any guarantor of Tenant's obligations under the Lease is the subject of any bankruptcy or other voluntary or involuntary proceeding,in or out of court,for the adjustment of debtor/creditor relationships. 10. The amount of the security deposit delivered under the Lease is$ and said security deposit is in the form of cash. 11. Neither Tenant,nor to Tenant's knowledge,Landlord,is in default in the Lease, nor,to Tenant's knowledge,is there now any fact or condition which,with the passage of time or the giving of notice or both, would constitute a default by either party under the Lease and no current defenses or claims exist preventing the payment of rent by Tenant. 12. Tenant has not assigned,transferred or otherwise encumbered its interest under the Lease, or subleased or licensed any portion of the Premises, except as follows: 13. Tenant's address for all notices or communications under the Lease is 14. The person signing this letter on behalf of Tenant is a duly authorized representative of Tenant. 15. This estoppel shall be binding upon Tenant and its principals, and its successors and assigns. 16. Tenant agrees that upon notice from Landlord it will make future payments to PURCHASER. 01603622-8 PURCHASER's Initials: SELLER'S Initials: 016036224 259374v8 PURCHASE AND DEVELOPMENT AGREEMENT Page 25 of 20 17. Facsimile or electronically transmitted signatures shall be deemed for all purposes to be originals. The undersigned individual hereby certifies that he or she is duly authorized to sign,acknowledge and deliver this estoppel on behalf of Tenant. [INSERT TENANT NAME] a By: Name: Title: 01603622-8 PURCHASER'S Initials: SELLER'S Initials: 016036224 259374v8 PURCHASE AND DEVELOPMENT AGREEMENT Page 26 of 20 ANNEX 1 To Tenant Estoppel 01603622-8 PURCHASER'S Initials: SELLER'S Initials: 016036224 259374v8 PURCHASE AND DEVELOPMENT AGREEMENT Page 27 of 20 SCHEDULE 10.6 FORM OF BRING-DOWN CERTIFICATE BRING-DOWN CERTIFICATE CERTIFICATE AS TO REPRESENTATIONS,WARRANTIES AND COVENANTS The undersigned [ ] (the "Seller"), hereby certifies to [ ] (the "Purchaser"),its successors and assigns,that all of the representations,warranties and covenants made by Seller in Section[___]of that certain Purchase and Development Agreement having an Effective Date of[ ],between Seller and Purchaser,as same may have been amended or assigned through the date hereof(the"Contract"),are true and correct in all material respects and not in default as of the date hereof. IN WITNESS WHEREOF,Seller has caused this Certificate to be signed and delivered as of the day of By: Name: Title: 01603622-8 PURCHASER'S Initials: SELLER'S Initials: 016036224 259374v8 TAX INCREMENT REVENUE FUNDING AGREEMENT This Tax Increment Revenue Funding Agreement(hereinafter"Agreement")entered into as of the day of ,2022,by and between: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163,Part III of the Florida Statutes,(hereinafter the"CRA"),with a business address of 100 East Ocean Avenue,4th floor,Boynton Beach,Florida 33435, and BB QOZ, LLC, a Florida limited liability company, with a business address of 613 NW 3'd Ave., Suite 104, Fort Lauderdale, Florida 33311, and its successors or assigns (hereinafter, the "Developer";the Developer and the CRA are collectively referred to herein as the"Parties"). RECITALS WHEREAS,Developer submitted a proposal,a copy of which is attached here to as Exhibit "A," (the "Proposal") in response to the Request for Proposals and Developer Qualifications for the 115 N.Federal Highway Infill Mixed-Use Redevelopment Project("RFP")issued by the CRA on July 23,2021,incorporated herein by reference,which proposal was accepted by the CRA Board on November 30,2021;and WHEREAS, the CRA has determined that the Project, as defined herein, 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 Boynton Beach 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: Section 1. Incorporation. The recitals above and all other information above are hereby incorporated herein as if fully set forth. 01605004-8 1 259073v8 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 Area Median Income ("AMI") shall mean the Palm Be@G, C;euRt„ re-, 1"-,4;-- e elep ent ep+1^City of Boynton Beach Area Median Income,as set forth and published each year by the City of Boynton Beach, unless required-as deteF,-^ined by the Lender to mean Palm Beach County Area Median Income,as set forth and published each year by the Department of Housing and Urban Development. If the Lender does not make a determination,the Developer shall use the City of Boynton Beach Area Median Income, provided that; (a) the City publishes AMI levels on a regular(annual)basis,(b)the AMI levels are made readily available to the general public and (c) the City utilizes the same calculation methodology as does the Department of Housing&Urban Development. 2.2 'Base Year"for determining Tax Increment Revenue from the Project shall be the year prior to Commencement of Construction(hereinafter defined). 2.3 "City"means the City of Boynton Beach,Florida. 2.4 "Commencement of Construction" or "Construction Commencement" means the date when both of the following have occurred:PURCHASER has provided adequate proof of a Financial Closing, and PURCHASER has actually begun construction activities, including demolition, site clearing, excavation, utility relocation consistent with theCity Code and all applicable permits, such that construction activities will continue on a consistent basis to complete construction of the Project. actual , nstF, r+„n_aGti„i+es ^Giudm 2.5 "Completion of Construction" shall mean the date for which the Project is substantially complete and the Temporary Certificate of Occupancy has been issued by the appropriate governing authority. 2.6 "Effective Date" shall mean the date the last party to this Agreement executes this Agreement. 2.7 "Financial Closing"The date on which all agreements and loan documents for the financing of the Project have been executed and all required conditions contained in such agreements and loan documents have been satisfied,as determined by Lender and Developer. 01605004-8 2 259073v8 2.8 "Land Use Approvals"shall mean all required site plan,zoning,platting/replatting approvals from the City of Boynton Beach necessary to procure building permits to construct the Project on the Property. 2.9 "Lender"shall mean the lender selected by the Developer to provide a mortgage loan that is secured by all or any part of the Project. 2.10 "Property"means the property subject to this Agreement upon which the Project shall be developed as more particularly described in Exhibit"B;'hereto. 2.11 "Tax Increment Revenue" means the amount deposited in the Redevelopment Trust Fund for the Boynton Beach Community Redevelopment Area pursuant to Florida Statutes, Section 163.387,which is attributable to the Project. Section 3. Developer's Obligations and Covenants. 3.1 Construction of the Project. Developer shall the construct a mixed-use, transit- oriented development containing a mixed-income workforce housing rental apartment building with restaurant,retail space,and office space, including public parking that incorporates public pedestrian connectivity,consistent with the Proposal(hereinafterthe"Project").The Project will include the Required Elements set forth below and be built consistent in all material respects with the Conceptual Site Plan attached hereto as Exhibit"C." The Conceptual Site Plan may be revised by Developer from time to time without the consent of the CRA,provided,however,that any change to the Conceptual Site Plan that would result in a change to any of the Required Elements(hereinafter defined),except an increase in units or nonresidential or residential square footage, shall require the approval of the CRA, which approval shall not be unreasonably withheld,conditioned or delayed. 3.2 Development Timeline. The following events must be completed as set forth herein and evidence of same shall be provided to the CRA upon completion of each event (collectively the "Project Milestones"). At all times after the Effective Date, the CRA shall cooperate with Developer using good faith and due diligence to facilitate and expedite Developer's satisfaction of the Project Milestones, which include, without limitation, the Land Use Approvals. 3.2.1. Submission of application to the City for site plan approval within one hundred eighty(180)days from the Effective Date. Commented[STI]:Need deadlines for site plan approvals, 1 pet-intt application,petmtt issuance(LU approvals) ---- ---- --- --- --- --- 3.2.2 Developer shall diligently and continuously pursue site plan approval and all other required Land Use Approvals until the same are issued. 01605004-8 3 259073v8 3.2.3 Developer shall provide the CRA verifiable documentation necessary to evidence that financing has been obtained for construction of the Project within ten(10) days of receipt of such approval by the Developer and no later than the Closing Date (as defined in the Purchase and Sale Agreement attached hereto as Exhibit "XX" (the "Purchase Agreement")).Developer shall provide the CRA with updates on the process of obtaining financing for the Project,together with reasonable documentation, upon the CRA's request therefor. 3.2.4 Intentionally deleted. 3.2.5 Construction Commencement within two (m�2)years after the Closing Date, as may be extended pursuant to the terms of this Agreement. Notwithstanding anything to the contrary herein, Developer may extend the deadline for Construction Commencement by one (1) period of twelve (12) months, subject to receipt of written approval from the CRA,which approval shall not be unreasonably withheld,conditioned or delayed provided Developer is using good faith efforts and due diligence to achieve Commencement of Construction. 3.2.6 Completion of Construction within thirty-six(36)months of Commencement of Construction;provided,however,Developer shall have the right to extend the deadline for receipt of the temporary certificate of occupancy for one (1) period of twelve (12) months subject to receipt of written approval from the CRA,which approval shall not be unreasonably withheld,condition or delayed by provided Developer is using good faith efforts and due diligence to obtain the temporary certificate of occupancy.After receipt of a temporary certificate of occupancy, Developer shall use good faith efforts and due diligence to obtain a final certificate of occupancy in an expeditious manner. 3.3 Required Project Elements.The Project must include all of the following elements (the"Required Elements"). 3.3.1 A rental apartment building including a minimum of 236 rental units subject to the following requirements. 3.3.1.1 The units shall be rented in accordance with the following ratio (regardless of how many units are constructed) (the "Affordability Requirements"): • Tier One: 3.8%of the total rental units to tenants that earn up to 80%of the AM I; • Tier Two:22.6%of the total rental units to tenants that earn up to 100%of the AMI; • Tier Three: 23.6%of the total rental units to tenants that earn up to 120%of the AMI; 01605004-8 4 259073v8 • Tier Four:the remaining total rental units shall be unrestricted. • Tier One,Tier Two,and Tier Three units shall be the Restricted Units. If necessary,and if consented to by Developer in Developer's sole and absolute discretion,the total rental units and Affordability Requirements may be adjusted as may be required in order to meet the minimum code requirements of the City of Boynton Beach's Workforce Housing Program,provided that at no time shall the sum of Tier One,Tier Two and Tier Three units be less than 50%of the total rental units. • The units shall be built consistent with the Table attached hereto as Exhibit"MI Commented[KR2]:Per March Meeting,add specific provision that the tiers will include a variety of types(so that Developer cannot,for example,use only one-bedroom units 3.3.1.2 On the date of the Financial Closing,the Developer will record a to meet the tiering requirements). Restrictive Covenant containing the Affordability Requirements,which shall remain in effect for a period of 15 years following Completion of Construction (the "Initial Affordability Term"). Notwithstanding the forgoing, 10% of the Restricted Units (in the same tier proportion as set forth in Section 3.3.1.1 hereof) shall remain in effect far an additional 10 years f^"e^^^R� expirationthe lRitial Aff a s +,,, rr in perpetuity. The Restrictive Covenant shall be in a form approved by the CRA and Lender. 3.3.2 A minimum of 16,800 square feet of commercial space (e.g. restaurant, retail and office); 3.3.3 A minimum of 150 public parking spaces which shall remain open to the public in perpetuity,subject to a Lease Agreement to be executed between the Parties,A� substantiallysimilar to the Lease A, eeme t attaG ed hereto r,Exhibit"92 (the"CRA Spaces"), in the form of a lease acceptable to the City of Boynton Beach and the CRA, reflecting a zero dollar lease payment in perpetuity, plus a pro rata share of acceptable operation and maintenance costs.The CRA Spaces shall be in addition to the amount of parking spaces needed for the residential and commercial components of the Project. Although the CRA Spaces are separate from the parking spaces that are designated for the residential and commercial uses, the CRA Spaces shall be included in the calculation of determining the total number of parking spaces required for compliance of the residential and commercial uses with the minimum code requirements of the City of Boynton Beach. Section 4. Public Benefits.Developer shall comply with the following Requirements. 4.1.Job Fairs,and Apprenticeship. Prior to and during the construction of the Project, Developer shall: • Host two(2)job fairs between Commencement of Construction and Completion of Construction,at a venue within the City of Boynton Beach; 01605004-8 5 259073v8 • Use commercially reasonable efforts to participate in job fairs within 15 miles of the City when notified of such job fairs by CareerSource Palm Beach County or such other entity as the CRA may designate from time to time. • Include requirements in all contracts with contractors that the contractors use 4@44commercially reasonable efforts to participate in an apprenticeship program;and • Provide documentation evidencing satisfaction of these requirements upon request by the CRA and as part of the Annual Performance Report. 4.2. Green Building. Developer will achieve a minimum National Green Building Standards(NGBS)Bronze certification for the residential building. Evidence of the NBGS Bronze certification shall be submitted to the CRA within twelve (12) months following Completion of Construction.Developer will analyze the feasibility of using the chilled water services offered by the District Energy Sr -Facility located in the Town Square complexQ 4.3 Green Wall.Developer shall use commercially reasonably efforts to incorporate a green wall into the wall of the parking garage associated with the Project consistent with City code. 4.4 Electric Vehicle Charging Stations.Developer shall install a minimum of two(2) electric vehicle charging stations,which must be Level 2 or higher,in the CRA Spaces,and in addition,Developer shall install conduit to allow the CRA to fund and install additional electric vehicle charging stations in the CRA Spaces. Section 5. Certification Requirements. 5.1 Annual Performance Report. Commencing upon the Effective Date, Developer shall annually provide the CRA with an Annual Performance Report for the Project certifying Developer's compliance with the requirements of this Agreement and the Purchase and Development Agreement and, as applicable upon Completion of Construction, 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 last day of April for the preceding year in a form substantially in accordance with the form attached hereto as Exhibit"E."[Note:Exhibit needs to be attached] Further,Developer shall,at any time requested by the CRA,appear before the CRA Board and provide any information requested regarding the Project. 5.2 The following are conditions precedent to the CRA's annual disbursal of Tax Increment Revenue pursuant to this Agreement: 01605004-8 6 259073v8 5.2.1 Developer must have timely provided its Annual Performance Report, providing evidence of compliance with the requirements of this Agreement and evidencing that Developer has paid all property taxes for the preceding year;and 5.2.2 A finding by the CRA Board that the Annual Performance Report submitted by Developer is consistent with the requirements of this Agreement,which finding shall not be unreasonably withheld,conditioned or delayed;and 5.2.3 The CRA has actually received Tax Increment Revenues from the Project on the Property subsequent to the Base Year and the Completion of Construction;and 5.2.4 Developer is not in material default beyond any applicable notice and cure period under any terms or provisions of this Agreement. Developer shall not be entitled to any Tax Increment Revenue paymentsfor such calendar year if the Developer has failed to meet its obligations under this Agreement or is otherwise in material default beyond any applicable notice and cure period under the terms of this Agreement and has failed 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 Tax Increment Revenue during any period of default by the Developer, provided that,once a default is cured, Developer shall receive its Tax Increment Revenue for the remainder of the TIR Term,provided Developer is not in default under this Agreement. Section 6. Tax Increment Revenue. 6.1 Formula and Term. 6.1.1 The CRA hereby agrees to pledge and assign to Developer pursuant to the terms of this Agreement,an annual amount which equals oAQ 4u44F- ninety five percent( 50%)of the Tax Increment Revenue,for a fifteen (15)year term r not to exceed a total of five million dollars($5,000,000.00),w" "ever Gem esf;rq7, ',Commented tsr31 ;5'ull---<7--z -�---r--,. commencing on the last day of the yearthat all of the following conditions are met ("TIR Term"): A. The Project has been completed as evidenced by the last Certificate of Occupancy or its equivalent having been issued; B. All elements of the Project have been placed on the Tax Roll; C. The CRA has received Tax Increment Revenue from the Project; D. The Annual Performance Report is received and found to be sufficient by the CRA,which finding shall not be unreasonably withheld, conditioned or delayed;and 01605004-8 7 259073v8 E. Developer is not in default under this Agreement. Provided the above conditions precedent are satisfied,the CRA shall disburse the Tax Increment Revenue to the Developer as soon as practicable after the CRA receives the Tax Increment Revenue. 6.2 No Prior Pledge of Tax Increment Revenues. The CRA warrants and represents that the Tax Increment Revenue are not the subject of any prior pledge by the CRA and agrees that such revenues shall not be assigned, pledged, hypothecated or secured by the CRA for the period covered by term of this Agreement. 6.3 Form of Payment. Payment of the Tax Increment Revenue shall be in the form of a CRA check made payable to the Developer. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by Developer,either wholly or in part, and no payment shall be construed to relieve Developer of obligations under this Agreement or to 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: Boynton Beach Community Redevelopment Agency Attention: Thuy Shutt,Executive Director 100 E.Ocean Avenue,4th Floor Boynton Beach,FL 33435 With a copy to: Tara W.Duhy,Esq. Lewis,Longman&Walker,P.A. 360 S.Rosemary Ave Suite 1100 West Palm Beach,Florida 33401 If to Developer,such notice shall be addressed to: BB QOZ,LLC 01605004-8 8 259073v8 Attention:Jeff Burns&Nicholas Rojo 613 NW 3rd Ave.,Ste.104 Fort Lauderdale, Florida 33311 With a copy to: Lance M.Aker,Esq. Kapp Morrison LLP 7900 Glades Road,Ste 550 Boca Raton,Florida 33434 Section 8. 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 Developer fails to cure the default within thirty (30) days of notice from the CRA, the CRA may withhold payment of Tax Increment Revenue to Developer due for such calendar year; provided, however, if such default takes longerthan thirty(30)days to cure,such cure period shall be extended until the Developer cures such default provided that the Developer is using good faith efforts to effectuate such cure in a diligent manner. A default under this Agreement shall not terminate this Agreement, but payments of the Tax Increment Revenue to Developer shall not re-commence until such default is cured. Section 9. Termination. This Agreement shall automatically terminate: 1) upon the last disbursement of Tax Increment Revenue due to Developer pursuant to the terms of this Agreement;2)upon the expiration of the 15-yearTIR Term,or 3)if Developerfails to Commence Construction of the Project as required herein. Section 10. Miscellaneous Provisions. 10.1 Waiver. The CRA shall not be responsible for any property damages or personal injury sustained by Developer from any cause whatsoever related to the development of the Project,whether such damage or injury occurs before, during, or after the construction of the Project or the term of this Agreement, except if caused by the gross negligence or willful misconduct of the CRA. Except as set forth in the foregoing sentence, Developer hereby forever waives,discharges,and releases the CRA, its agents,and its employees,to the fullest extent the law allows,from any liability for any damage or injury sustained by Developer. 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 or other damages or personal injury, including death, sustained by any person whomsoever,which damage is incidental to,occurs as a result of,arises out of, or is otherwise related to the negligent or wrongful conduct or the faulty equipment (including equipment installation and removal)of Developer. Nothing in this Agreement shall be 01605004-8 9 259073v8 deemed to affect the rights, privileges, and sovereign immunities of the CRA as set forth in Section 768.28, Florida Statutes.This paragraph shall not be construed to require Developer to indemnify the CRA for its own negligence,or intentional acts of the CRA,its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers,employees and agents. 10.3 Assignment. This Agreement may only be assigned in its entirety. Prior to i Commented[ST4] I I r,\,7LI t ii i.c�d I3 <_rd i Completion of Construction,this Agreement may only be assigned by Developer to an entity that j 1 Board direction from April 2021(see minutes). Board wants is managed by Developer's key principals,Jeff Burns and Nicholas Rojo, or Lender pursuant to 1 to be able to review to assess if developer still needs TIF Developer's loan documents with Lender,and provided that any assignee hereto shall specifically reimbursement prior to future assignments after project completion. assume all of the obligations of the Developer under this Agreement. After Completion of `- ------------------------------------------------------------------------------------------------ Construction,provided Developer is not in default under this Agreement,this Agreement may be assigned by Developer to any third party that purchases the Project without the requirement of consent, provided that the Developer delivers written notice to the CRA at least thirty(30)days prior to the assignment and the assignee 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 of 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 or the Developer,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 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 an independent contractor and that no employer/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: 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 the CRA with a copy of the requested records or allow the records to be inspected or 01605004-8 10 259073v8 copied within a reasonable time at a cost that does not exceed the 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 are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if Developer does not transfer the records to the CRA. d. Upon completion of the contract,transfer,at no cost,to the CRA all public records in possession of 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 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 of public 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; 100 East Ocean Avenue, 4th Floor, Boynton Beach, Florida 33435;or sHUTTT bbfLus. 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 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. 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 of the fact that one party or its attorney drafted all or any part thereof. 01601004-8 11 259073v8 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 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. 10.12 Independent Advice. The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understandthat 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 of this Agreement is found invalid or unenforceable by any court,such invalidity or unenforceability shall not affect the other parts of the Agreement if the rights and obligations of the Parties contained herein are not materially prejudiced and if the 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 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 of Boynton Beach,and CRA ordinances and regulations enacted as of the Effective Date. 10.16 Survival. The provisions of this Agreement regarding public records, indemnity, parking,and waiver shall survive the expiration or termination of this Agreement and remain in full force and effect. 10.17 Subordination. The CRA shall administratively amend this Agreement (without requirement of CRA board approval)as may be reasonably required by the Lender,provided that such amendment pertains solely to non-material terms of this Agreement and is for the purpose of complying with Lender requirements in order to effectuate Financial Closing. If any required amendment by the Lender would have a material effect on the terms and conditions set forth in this Agreement,then such amendment shall require CRA board approval,not to be unreasonably withheld,conditioned or delayed. 10.18 Force Majeure.Neither Party shall be held liable or responsible to the other Party nor be deemed to have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any term of this Agreement to the extent and for so long as such failure or delay is caused by or results from causes beyond the reasonable control of the affected Party, including but not limited to fire,floods,embargoes,war, acts of war(whether war be declared or not), acts of terrorism, pandemics, insurrections, riots, civil commotions, strikes, lockouts or other labor disturbances,acts of God or acts,omissions or delays in acting by any governmental authority, or the other Party. Events of Force Majeure shall extend the period for the 01605004-8 12 259073v8 performance of the obligations for a period equal to the period(s)of any such delay(s). All terms contained herein shall be subject to Force Majeure. 10.19 Computation of Time — Any referenced herein to time periods which are not measured in Business Days and that are less than six(6) days shall include Saturdays,Sundays, and legal holidays in the computation thereof.Any period provided for in this Agreement which ends on a Saturday,Sunday,or legal holiday shall extent to 5 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 computation thereof. For purposes of this Agreement, Business Days shall mean Monday through Friday but shall exclude state and federal holidays. 01605004-8 13 259073v8 IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year first above written. Signature Blocks and Exhibits to be inserted 01605004-8 14 259073v8 PARKING LEASE AGREEMENT THIS PARKING LEASE AGREEMENT(this"Lease"),is made and entered into this day of , 2022, by and between BB QOZ, LLC, a Florida limited liability company, ("Landlord'), and The Boynton Beach Community Redevelopment Agency,JBBCRAt a public agency created pursuant to Chapter 163,Part III of the Florida Statutes("Tenant"). WITNESSETH: WHEREASh the Landlord has a contract to purchase property generally located at: (i) 508 E. Commented[NLI]:City Comments: Boynton Beach Boulevard, Boynton Beach, Florida 33435; (ii) NE 4t1i Street, Boynton Beach, Florida 1.whereas Clauses: 33435;(iii)NE I"Avenue,Boynton Beach,Florida 33435;(iv)115 N.Federal Highway,Boynton Beach, a.There should be a clear distinction(definition) Florida 33435; (v) 511 E. Ocean Avenue, Boynton Beach, Florida 33435; (vi) 515 E. Ocean Avenue, between CRA required public parking and the parking Boynton Beach,Florida 33435;and(vii)529 E.Ocean Avenue,Boynton Beach,Florida 33435,all of which required by code for the commercial uses. are located within the corporate limits of the City of Boynton Beach,as more particularly described by the 2.Create a definitions section and list all definitions in oneplace for ease of reading and understanding. There are legal description attached hereto as Exhibit A(collectively the"Property");and multiple definitions that seem similar and confusing. For instance,Parking should be broken into(Public Parking, WHEREAS,the Landlord intends to construct a mixed-use project consisting of a mixed-income Commercial Parking,and Residential Parking). This will workforce rental development on the Property to be comprised of a minimum of 236 rental units, a make it less confusing as to what parking is in question in minimum of 16,800 square feet of commercial space(e.g.restaurant,retail and office space),and a parking any given section. garage consisting of approximately X43-573 parking spaces,with a minimum 150 dedicated public parking spaces(the"Project")above what is required by the City Code for commercial and;and, Commented[TT2]:573 parking spaces in RFP. 150 4't]EREd S,Tcnanthas Jp)mitedJt )operty,vdtied atapproxlmately"551n)ill ion ineyharlle1''0) dedicated public parking spaces above the required for mixed used development -.__ ._ - thc dcdlrated palkin� trrd � -, Formatted:Font:Bold WHEREAS,the Landlord and the Tenant,have entered into a Tax Increment Revenue Funding Commented[NL3]:General comment:because the Agreement(ethe)YA1`eements i wherein the Tenant is providing certain economic development incentives parking is being provided in exchange for land,all to develop the Project;and termination provisions at Landlord's option mustbe deleted. [Note to be disew",Od w4h eoLlnsel� upon the sLinset of the GRA, thLi Lease will 04heF R00440-ube WHEREAS,the Tenant recognizes the positive impact that the Project will bring to the City of Boynton Beach including the provision of additional parking facilities;and WHEREAS,the Landlord and Tenant desire to enter this Lease in order for the Parking Garage to not only serve the Project but to provide 150 parking spaces beyond kGhzt a 1N!Girvd by�the tpItlLEriate ('L)y g nillL atuhcrity jo) IIse by+&the general public lo) ent oft lie dm,ntw,n fns 0+l- l $K+iL&Fr-ti-ej4 in fw-lh rauce of Meerut s 2016 t;onni tlti v Redev elcltnl�°nt Plan,as set forth below;and WHEREAS,the Tenant,as the -,1313CRA,has determined and hereby finds that this Lease promotes economic development in the C R. _r I v_and,as such,is in the best interests of the �"e it(313C'(t_,and d v i-;rlak€ It l!i,rthe)s the 2016];o nton Beach Cenlmimity Reden elLpnlent Plan. 01619970 #8285004 v27 6/16/2020 12:52 PM DOCPROPERTY"DocID" 25942lv3 NOW, THEREFORE, in consideration of the promises and mutual agreements set forth herein, the sufficient of which is acknowledged by both parties, the Landlord and Tenant covenant and agree as follows: 1. Use. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the Commented[KR4]:Given the large number of definitions following described parking spaces (the"Parking Spaces') to be utilized exclusively by Tenant for the and their dispersal throughout the document,it would be Permitted Use(as defined in Section 12 below): much cleaner to have a definitions section here. The one hundred fifty(150)parking spaces shall be located within the parking structure to be constructed to be constructed at NE 4"'Street,Bovnton Beach,Florida 33435 and NE 1" Avenue, Bovnton Beach, Florida 33435 (the "Parking Garage")P„rkin�- k4e-o.�,. --m�.i- ter. - in the locations designated as"Parking Spaces"on Exhibit B attached hereto and made a part hereof,which locations may be changed by Landlord from time to time,but may not be changed more than three times without the prior written consent of the Tenant. Landlord shall provide notice to Tenant at least 14 days prior to the Parking Spaces being relocated, and Landlord shall bear the cost, if any, of relocating the Parking Spaces, including any costs associated with moving parking meters, electric vehicle chargers, or other similar items. Landlord shall not move Tenant inanymanner that will reduceTenants ability to use parking meters, provide electric vehicle chargers, or other similar items. rtAt no time shall the total Parking Spaces be less than one hundred fifty (150),-.,and Landlord shall make every effort to keep the Parking Spaces generally contiguous,and in no case shall the Parking Spaces be located such that less than 50 are located together 'n the'. struelafe_le,be-co _��:�_�ns"trtm,ete -atNIP �,- Po ,-:a and 1s i4-4.-....zt., Q--- Qt,I Fj_�, z z b "P At no time shall the Parking Spaces be located on anv level higher than level 3 of the Parking Garage. Tenant and the general public shall be entitled to use the Parking Spaces 24 hours a day, 7 days a week, every day of the year (the "Business Hours").Tenant and the general public shall also have the right to utilize on a non-exclusive basis, together with any other users of the Parking Garage, restroom facilities(if anv)of the Parking Garage,as well as the common areas located only on the floors of the Parking Garage where the Parking Spaces are Ilocated� for their intended Commented[KR5]:Will there be storage space in the purposes consistent with the Permitted Use so long as such use shall not unreasonably garage for equipment used as part of the operation of the interfere with the use of such areas by Landlord or other users of the Parking Garage.The parking meters and/or for security? use by Tenant and the general public of the Parking Spaces shall be subject to the terms and conditions of this Lease. 2. Tenn;Construction of Parking Garage. (a) The term of this Lease(the"Term")shall be twenty-five(4} 25)years, with three(3)automatic 25-year extensions unless earlier terminated by Tenant pursuant to written notice Landlord at least 4 weeks prior to termination.-The Term shallcommence on the date that Landlord and Tenant mutuallyaagree in writing that Tenant (and the public) may begin Occupying the Parking Spaces,which date shall not occur before construction of the Parking Garage has been substantially completed as defined below f the Parking Garage the"Lease Commencement Date" and shall end4re on the date that is ninety-nine (99) years therefrom, subject to extension as set forth in subsection(b),below. Subject to the extensions of time authorized herein and any Force Majeure event(s), the Lease Commencement Date shall occur on or before thirty-six (36) months from the Construction Commencement Date(as defined below). 01619970? 2 259421v3 (b) The Parking Garage shall be constructed by the Landlord in accordance with the permitted set of pians for which a building permit is issued by the appropriate governing authority,which pians shall be based upon the Parking Garage Floor Pian attached hereto as Exhibit B and the Base Building Improvements outlined on Exhibit C attached hereto. In the event of any conflict between this Lease (including Exhibit B and Exhibit C)and the permitted set of plans,the permitted set of plans shall govern and control.Landlord shall provide notice to Tenant of anv significant chances to the Parking Garage Floor Plan or Base Building Improvements from what is depicted in Exhibits B and C. (c) The term"substantially completed"shall mean and refer to the date a temporary certificate of occupancy(or its equivalent)has been issued by the appropriate governing authority for the Parking Garage. (d) The"Effective Date"of this Lease is the date after it has been fully executed by Landlord and Tenant.Subject to the extensions of time authorized herein and any Force Majeure event(s), the"Construction Commencement Date"is the date that a notice of commencement has been filed with the appropriate governing authority allowing work to begin pursuant to a building permit(s)to construct the Commented[NL6]:Discuss:CRA/City may terminate at Parking Garage.Notwithstanding the foregoing,in the event the Parking Garage Chas not been substantially their option and developer shall repay$5.51 million.Or completed-within thirty-six(36)months of the Construction Commencement Date,subject to extension due delete this section entirely. to Force Majeure(as defined below) or delays caused by Tenant, then this Lease shall teRqikiiae and be Commented[NL7]:City comment- eeffied Halla.Can this section title be change to Operating ' _liabilities _ _affi and _lhe _ Expense so it is less confusing? all Obligations --- --- -- b.There needs to be limitations on management fees,either a cap or clearly defined process on how 3. Base Rent. Commencing on the Lease Commencement Date 4he"Bent established and agreed upon. )-and continuing during the Term,Tenant shall pay to Landlord base rent("Base Rent"}-a-,,,.�,-4*Ir c.Please clarify what insurance is included in the all the_ p_)O!_tt_1_t_Of�0.0(.,f3iHs, applieable - - CAM&OPEX costs? Why would CRA need additional liability insurance if insurance is covered under CAM/OPEX costs d.Clarify what is meant by security as part of CAM/OPEX? Is that person patrolling onsite or cameras or both?The CRA will want to have access to cameras in the garage. If not CRA will want their wd ham ag� tpl ty lea+= Wit+ i Lf$ l -FH k fsel b +N own security cameras. a a if any nt due fir-am Tenant shall> F-a - thirty(4m day,, e.Reword"tenantsholl pay one hundred percent r-�.�y'.�ry �.�t�.an:T,� �-a� after the Elue 4therate (100%)of the costs and expenses solely and directly gate, _ related to the parking provided to parking spaces, including,but not limited to,parking meters or Hot to L-anglei:4,Hi eaid� -s systems,signage and safety monitoring". %411 FeirnbuFse Landloi:d fOF all illSiiffieiOnt fiaids,bank,oF Fetumed eheel,fees,plus an admini`!Falil.'R 1IRR c� n�HH a a� al , 00.001. Commented[NL8]:City comment-Section 4 identifies that the Tenant will be required to pay as"Additional � L¢�` �t "lltkTt Rent"Discussions with the Landlord are warranted to more clearly define what exactly constitute 4. Additional Rent. Unless otherwise expressly provided,all monetary obligations of Tenant management fees(should not include salary,benefits to Landlord under this Lease,of any type or nature,other than Base Rent,shall be denominated as additional or bonuses paid to officers or employees of the rent and include applicable sales tax(unless exempt)("Additional Rent"). In addition to Base Rent,as set Landlord)and what constitute administrative and forth in Section 3,above,commencing in the 20th vear of this Lease.Tenant shall be obligated to pay,as professional costs. These terms are too broad and Additional Rent, Tenant's Percentage Share(as defined in Section 5,below)of Operating Expenses (as could be used in a variety of ways by the Landlord to hereinafter defined),plus applicable sales tax (unless exempt), in an amount not to exceed fifty dollars support operations unrelated to the maintenance and ($50.00) per space per year, which amount shall be reduced in proportion to any days during which the operation of the parking garage. Parking Spaces may not be used by Tenant for reasons not caused by Tenant.For the purposes of this Lease, "Operating Expenses"shall mean all reasonable actual costs and expenses solely and directly attributed to Formatted:Highlight and incurred by Landlord in owning,maintaining, insuring and repairing the Parking Garage,including, without ]imitation, all common areas thereof after the Lease Commencement Date, which costs and Commented[KR9]:Landlord should guarantee it will Commented insurance on parking garage. 01619970-2 3 259421v3 expenses shall include,but shall not be limited to,security,parking systems,cleaning,utilities,maintenance and repairs of all elements of the Parking Garage, pest control, fire safety systems, all insurance costs incurred by Landlord with respect to insurance policies maintained by Landlord with respect to the Parking Garage, management fees, license fees, maintenance, repair and operational supplies, the costs of fabricating,installing and maintaining signage,landscaping,administrative and professional costs incurred by Landlord in connection with its ownership of the Parking Garage, permitted capital expenditures, industry standard repair and replacement reserves in connection with any of the foregoing items and ad valorem and non-ad valorem real estate taxes,assessments and fees attributable to or otherwise applicable to the Parking Garage. Operating Expenses do not include salary, benefits, or bonuses of Landlord's employees or officers:or other expenses not directly related to the operation of the Parking Garage.In the event any surcharge or regulatory fee is at any time imposed by any governmental authority for parking spaces within the Parking Garage,Tenant shall pay Tenant's Percentage Share(as defined below)of such surcharge or regulatory fee to Landlord as Additional Rent, payable as set forth in this Section 4. Notwithstanding the foregoing, Tenant shall pay one hundred percent(100%)of the costs and expenses solely and directly related to the parking provided to Parking Spaces,including,but not limited to,parking meters or system,signage and safety monitoring. 5. Pavment of Additional Rent: Tenant's Percentage Share. Additional Rent(together with, — Commented[NL10]:City comments: applicable sales tax unless exempt) shall be due and payable Payment shall be made R ��,��on a ni t tl iLbasi_s on or_before_the fii_st_f 1"Aday_of each calendar month throILL±Lowthe duration of the Term- Should the Tenant dispute the actual Operating without notice or-,demand.:.,.rr r=d e d etrand made pavable to Landlord at the address provided in Expenses,the Tenant still has to pay the Additional Section E-_whichan__ay Chang e_from_time to time.at the sianle tirae,pittee,and Jn the sianle n1anner as Basic Rent until the dispute is resolved.However,the lease Re4.If anv payment due from Tenant shall remain overdue thirtv(30)dans after the due date,the payment does not provide a method of dispute resolution and it due plus administrative charges shall bear interest at the rate of ten percent(10%)per annum. If an check heck should specifically identify how the dispute is to be given to Landlord for any payment is dishonored for any reason whatsoever not attributable to Landlord, resolved otherwise the dispute can continue in addition to all other remedies available to Landlord,upon demand,Tenant will reimburse Landlord for indefinitely to the detriment of the Tenant. all insufficient funds, bank, or returned check fees, phis an administrative fee of Five Hundred Dollars ($500.00). The term"Rent'when used in this Lease shall include Base Rent and all forms of Additional The percentage share of operating should beset upon final approval of site plan of provided parking. Rent. For the purposes of this Lease, Tenant's Percentage Share shall be deemed to be a fraction, the numerator of which is the number of Parking Spaces(150 parking spaces),and the denominator of which shall be the total number of parking spaces within the Parking Garage(estimated to be -573_-parking spaces)Landlord anticipates that Tenant's Percentage Share shall be approximately X26.17%,as may be adjusted based on the total number of parking spaces within the Parking Garage pursuant to the building permit for the Parking Garage.At least cry fifteen(15)days prior to the Tenant's payment of the Additional Rent,Landlord shall reasonably estimate the Operating Expenses and provide the Tenant with notice of Tenant's estimated Percentage Share and,after each year of the Term,Landlord shall provide Tenant with a reasonably detailed statement of the actual Operating Expenses for the prior year and Tenant's actual Percentage Share. An adjustment shall be made between Landlord and Tenant with payment to or repayment by Landlord,as the case may require,to the end that the Landlord shall receive the entire amount actually owed by Tenant for Tenant's Percentage Share of the Operating Expenses for the prior year.Tenant shall receive a credit for any overpayments for the year on the next payment of the Additional Rent.Any payment adjustment owed by Tenant to Landlord will be due with the next payment of the Additional Rent. Tenant waives and releases any and all objections or claims relating to the actual Operating Expenses for any calendar year unless,within five(5)days after Landlord provides Tenant with the notice of the actual Operating Expenses,Tenant provides Landlord notice that it disputes the actual Operating Expenses. If Tenant disputes the actual Operating Expenses,Tenant shall continue to pay the Additional Rent in question to Landlord in the amount provided in the Operating Expenses(if a reoccurring expense)pending resolution of the dispute. 6. Notice. Any notice under the terms of this Lease shall be in writing and shall be deemed to be duly given only if delivered personally or mailed by registered mail in a postage-paid envelope or via 01619970? 4 259421v3 express courier or other nationally recognized overnight delivery service and sent to the address(es)as set forth below: If to Landlord: BB QOZ,LLC c/o Affiliated Development 613 NW 3"Ave.,#104 Ft.Lauderdale,Florida 33311 Attention:Jeffrey Burns With a copy to: Kapp Morrison LLP 7900 Glades Rd., Suite 550 Boca Raton,Florida 33435 Attention:Lance Aker If to Tenant: Boynton Beach Community Redevelopment Agency Attn: CRA Director [Address for notice purposes] Boynton Beach,Florida 33460 With a copy to: City of Boynton Beach,Florida Attn: City Manager [Address for notice purposes] Boynton Beach,Florida 33460 The address of either party may be changed upon giving at least fifteen(15)days'advance written notice of that change to the other party. 7. Landlord Rights. Landlord shall have the right to block off any or all of the Parking Garage,including the Parking Spaces,for purposes of repair or maintenance of €the Parking Spaces. At no time will Landlord block of any Parking Spaces for more than ten(10)days without the prior written consent of Tenant.Except emergency circumstances,Landlord shall use commerciallyasonable Onc,--s to-provide Tenant with not less than three (3)days' advance notice of the foregoing if Tenant's or the general public's access to the Parking Spaces will be prevented. Landlord shall have the unrestricted, exclusive right to utilize all designated parking spaces located within the Parking Garage other than the Parking Spaces ("Landlord's Parking Areas'). Tenant shall have no right to park within or utilize any portion of Landlord's Parking Areas.Landlord or its agents shall have the right to immediately remove,or cause to be removed,any car or vehicle of Tenant that may be parked in Landlord's Parking Areas,without any liability and without any advance notice to Tenant.Notwithstanding anything to the contrary set forth herein, Tenant hereby acknowledges and agrees that Landlord and its agents, employees, contractors, tenants,and licensees(collectively,the"Landlord Parties"), shall retain and have the unrestricted right to reasonably utilize those portions of the Parking Garage located around,adjacent to and surrounding the Parking Spaces, including without limitation,drive isles, ramping,pedestrian and handicap accessibility areas,back of house areas,stairwells,elevators and all other areas outside of the individual parking stalls for the Parking Spaces(collectively,the"Access Areas")for the purpose of vehicular and pedestrian ingress and egress to and from Landlord's Parking Areas so long as such use does not prevent access to the Parking Spaces. The Access Areas shall not include any area of the Parking Spaces. Tenant acknowledges and agrees that the foregoing right of the Landlord and Landlord Parties to reasonably utilize the Access Areas shall be irrevocable and remain in full force and effect throughout the duration of the Term(as the same may be extended)and Tenant shall have no right to claim constructive eviction or any other legal feu+edy-, 01619970? 5 259421v3 or otliei:,Aise offset or abate oa„F by virtue of the Landlord's reasonable utilization of the Access Areas,notwithstanding the fact that such Access Areas may be located in close proximity to the Parking Spaces. Except as provided herein,Landlord and Landlord Parties shall have no right to park within the Parking Spaces or otherwise use the Parking Spaces unless payment of the parking fees are made at the same rate as the general public utilizing the Tenant's Parking Spaces. Commented[KR11]:Discuss—if this is free,not appropriate for landlord to use in ordinary course of landlord 8. Landlord Covenants and Obli atg ions. Landlord covenants that: (a)prior to the Lease business. Commencement Date, it will have fee title in the land of which the Project and Parking Garage will be Commented[NL12]:City comment-Section 8 substantially completed;and(b)upon performing all of its obligations hereunder,Tenant and general public identifies the Landlord's obligations.Generally,the shall have access to the Parking Spaces and Access Areas lease requires the Landlord to maintain the garage in a "manner comparable to other similar parking ..9 for the Term(including any extension thereof)of(this Lease,subject,nevertheless,to the garages in Palm Beach County,Florida.The standard is terms and conditions of this Lease. nebulous at best and should be more clearly defined. Except as specifically required herein of the Tenant with regards to the Parking Spaces,Landlord Commented[NL13]:City comment-Section 8 also shall operate, manage,equip, light,repair and maintain the Parking Garage,Parking Spaces and Access provides that if the Tenant notifies the Landlord that Areas and all facilities and fixtures,including without limitation roof,walls,ramps,electrical installations, repairs(if caused by the Tenant) are required the elevators, fire and related alarms, lighting, landscaping, and doors in working condition and repair Landlord will make the repairs and charge the Tenant. necessary for their intended purposes in a manner comparable to other similar parking garages in Palm The Lease does not provided for a time certain when Beach County,Florida,the cost of which maintenance,repairs and replacements shall be included in the the Landlord will in fact make the repairs the lease Operating Expenses.The foregoing shall also include the Landlord providing janitorial services,waste and should have a time certain. recycling removal,and pest control services throughout the Parking Garage,which service costs shall be included in the Operating Expenses.If a repair is needed within the Parking Garage,Tenant shall notify the Commented[NL14]:City comment:Section 8 also Landlord in writing of the need for the repair.If Landlord is required to snake repairs proximately caused includes language that the Tenant will not install any by the Tenant or Tenant's agents, employees, contractors, licensees or invitees, then Landlord shall equipment which will exceed or overload the capacity complete such repairs and the cost of such repairs shall be borne by Tenant.Tenant shall pay Landlord for of any Landlord utility facilities.No mention of electric the actual,reasonable,and verifiable cost of such repairs within thirty(30)days of receipt of Landlord's charging stations which most certainly should be notification of the amount due,which written notice of the amount due shall be accompanied by reasonably considered. supporting invoices. Installation of charging stations to be at Tenant cost. Landlord may, in its sole and absolute discretion,restrict the size, location,nature or use of the Access Areas as those Access Areas exist at the Lease Commencement Date. Commented[NL15]:Landlord to provide prior notice of epair and cost estimate. Landlord shall be responsible for paying all utilities at the Parking Garage as of the Lease �`----------------------------- Commencement Date including without limitation water,sewer,stormwater,gas,solid waste and electricity for the Parking Garage,to the extent such utilities serve the Parking Garage,with Tenant paying to Landlord Tenant's Percentage Share of the utilities as Additional Rentl when due. Tenant shall be responsible for — Commented[KR16]:For discussion. paying all utilities exclusively necessary or separately metered for the Parking Spaces and management of the same(e.g.,Tenant shall be responsible to install and pay for any electrical charges for parking meters it installs for the Parking Spaces).Tenant agrees that it shall not install any equipment which will exceed or overload the capacity of any Landlord utility facilities and that if any equipment installed by Tenant shall require additional utility facilities,the same shall be installed at Tenant's expense in accordance with plans and specifications to be approved in writing by Landlord in its sole and absolute discretion. 4.l 0. Landlord's Liability.All Tenant's personal property placed or moved in the Parking Garage shall be at the Tenant's risk or the owner's risk thereof. Landlord shall not be liable for any damage to Tenant's personal property,or any other person's personal property,including,but not limited to,lost or stolen items,occurring in,on or at the Parking Garage,including the Parking Spaces,or any part thereof, except to the extent caused by the Landlord's willful intent or grossly negligent acts or omissions. 01619970? 6 259421v3 4-4-11. Insurance. Tenant shall,at its cost, procure and maintain and keep in force at all times thereafter during the Term the following insurance with respect to the Parking Spaces: (a)Commercial General Liability Insurance with contractual liability coverage for the Parking Spaces a single limit of $1,000,000 per occurrence; (b)Workmen's Compensation and Employer's Liability Insurance in the amounts required by the laws of the State of Florida;(c)automobile liability insurance covering any owned, non-owned,leased,rented or borrowed vehicles of Tenant with limits no less than$1,000,000 combined single limit for property damage and bodily injury; and (d)such other insurance as Landlord or any mortgagee may reasonably require and which is permitted by law. Prior to the Lease Commencement Date, Tenant shall deliver to Landlord copies of the aforementioned policies. Landlord shall maintain for the Tenn of this Lease(and any extension thereof)such insurance as is reasonably necessary and consistent with the insurance coverage provided by the owners of similar parking garages in Palm Beach County, Florida, to provide coverage for the Landlord' operation and management of the Parking Garage and obligations as stated herein. --L1 2. Events of Default. Each of the following shall be an"Event of Default"under this Lease: (a)Tenant fails to make any payment of Rent when due;(b)Tenant fails to cure Tenant's breach of any provision of this Lease,other than the obligation to pay Rent,within thirty(30)days after notice thereof to Tenant;(c)Tenant becomes bankrupt or insolvent or makes an assignment for the benefit of creditors or takes the benefit of any insolvency act,or if any debtor proceedings be taken by or against Tenant which is not otherwise dismissed within thirty(30)days of its filing; (d)Tenant transfers or assigns this Lease or subleases any of the Parking Spaces in violation of this Lease;(e)Tenant violates any of the Rules set forth in Section 2,28,as the same may be amended or modified from time to time,and thereafter fails to cure such Formatted:Highlight violation within thirty (30)days after receipt Landlord's notice thereof, or(f)Tenant uses the Parking Spaces and/or the Parking Garage for any reason other than the Permitted Use(as defined in Section 13, Formatted:Highlight below)and Tenant fails to cease such use within thirty (30) days receipt of Landlord's notice thereof. Notwithstanding anything to the contrary,in the event any Event of Default necessitates emergency action as reasonably determined by Landlord,then the foregoing 30-day time period shall not apply and Landlord shall have the option(but not the obligation)to immediately cure such Event of Default. Each of the following shall be an"Event of Default"under this Lease: (a)Landlord fails to observe or perform any term, covenant, or condition of this Lease on the Landlord's part to be observed or performed,and the Landlord fails to remedy the same within thirty(30)days after notice from Tenant. If the Tenant's or Landlord's Event the Default is of such a nature that it cannot be reasonably cured within the foregoing thirty(30)day period,the defaulting party shall be entitled to a reasonable period of time under the circumstances in which to cure said default,provided that the defaulting party diligently commences such cure within the foregoing 30-day period and thereafter diligendl proceeds with the curing of the default. 13. Remedies. Upon an Event of Default by Tenant which is not timely cured within the timeframes set forth above,in addition to all remedies provided by law,Landlord may: (a) Aeeeleraie and declare the Rent fey the reiffiainder of the Terni"Ine-l- A—— fenthy,4h due and iininediately payable by o^ .Rzar.ie be oa.2, mcg �i� b o b 01619970? 7 259421v3 p)� �Landlord may,but shall have no obligation to,perform the obligations of Tenant, and if Landlord,in doing so,snakes any expenditures or incurs any obligation for the payment of money, including reasonable attorneys' fees,the reasonable verifiable out-of-pocket sums so paid or obligations incurred shall be paid by Tenant to Landlord within thirty(30)days of rendition of a bill or statement to Tenant therefor together with reasonable supporting documentation). ¢d-i _Cure such Event of Default,and if Tenant,in doing so,makes any expenditures or incurs any obligation for the payment of money, including reasonable attorneys' fees, the reasonable verifiable out-of-pocket sums so paid or obligations incurred shall be paid by Landlord to Tenant within thirty(30)days of rendition of a bill or statement to Landlord therefor(together with reasonable supporting documentation). Notwithstanding anything to the contrary set forth above,all rights and remedies of Landlord and Tenant under this Lease shall be cumulative and shall be in addition to every other right or remedy provided for in this Lease or now or hereafter existing at law or in equity. 3-14. Permitted Use. Tenant may use the Parking Spaces only for the parking of cars, motorcycles and other ordinary passenger vehicles (including pick-up trucks, vans and sport utility vehicles)by members of the general public,Tenant, and the City of Boynton Beach and Tenant may charge the general public for said parking(the"Permitted Use").The City of Boynton Beach's and Tenant's use of the Parking Spaces to store or deploy vehicles in and from the Parking Garage during hurricanes,weather events,and other emergencies shall be considered part of the Permitted Use.In no event shall Tenant cause or permit the City of Boynton Beach to park any vehicles owned or maintained by the City of Boynton Beach within the Parking Garage which are used in connection with the City of Boynton Beach's transportation or storage of any Hazardous Materials(as defined below). In no event shall Tenant use or promote the use of the Parking Spaces for any use or purpose other than the Permitted Use. Along with the use of the Parking Spaces,subject to the terms and conditions of this Lease and the reasonable rules and regulations promulgated by Landlord, Landlord hereby grants Tenants and its agents, employees, contractors,guests, tenants,licensees,invitees, and customers(collectively, the"Tenant Parties"), at no cost or expense to any of the foregoing parties,the non-exclusive right to utilize the Access Areas.Landlord acknowledges and agrees that the foregoing right of the Tenant and Tenant Parties to reasonably utilize the Access Areas shall remain in full force and effect throughout the duration of the Term(as the same may be extended). Tenant represents and warrants to Landlord that throughout the duration of the Term of this Lease,Tenant shall: (i)use its commercially reasonable efforts and good faith to monitor and control the Parking Spaces to ensure that the Parking Spaces are being utilized solely for the Permitted Use; (ii)not interfere with or diminish the use of the Parking Garage by the Landlord or any Landlord Parties or others properly utilizing the Parking Garage; (iii)take commercially reasonable measures to prohibit littering, loitering, any unauthorized signage/postings, loud music, unauthorized sale of goods, unauthorized disposing of food or garbage,and unauthorized storage of any vehicle or personal property(other than may be approved by Landlord in writing) within the Parking Spaces or Access Areas; and (iv)adopt and implement enforcement measures in furtherance of the foregoing,consistent with the terms and conditions of this Lease;provided that,the Tenant shall not have and shall not be required to have any person on site to comply with the foregoing.For the purposes of this Section 14,"Hazardous Materials"shall mean any Formatted:Highlight petroleum, petroleum products, petroleum-derived substances, radioactive materials, hazardous wastes, polychlorinated biphenyls, lead based paint, radon,urea formaldehyde, mold, asbestos or any materials containing asbestos,and any materials or substances regulated or defined as or included in the definition of "hazardous substances," "hazardous materials,""hazardous constituents,""toxic substances,""pollutants," "contaminants" or any similar denomination intended to classify or regulate substances by reason of toxicity, carcinogenicity, ignitability, corrosivity or reactivity under any applicable legal requirements relating pto the injury to, or the pollution or protection of human health and safety or the"environment' 01619970? 8 259421v3 (which term shall mean any surface or subsurface physical medium or natural resource,including,air,land, soil,surface waters,ground waters,stream and river sediments,and biota). 415. Liens. The interest of Landlord in the Parking Spaces and the Parking Garage shall not be subject in any way to any liens for any work, materials, improvements or alterations to the extent such work, materials, improvements or alterations are furnished or made by or on behalf of Tenant. This exculpation is made with express reference to Section 713.10,Florida Statutes. If any lien is filed against the Parking Spaces or the Parking Garage for work,materials,improvements or alterations claimed to have been furnished to,or made by Tenant,Tenant shall cause such lien to be discharged of record or properly transferred to a bond under Section 713.24,Florida Statutes,within ten(10)days after notice to Tenant. The foregoing shall not apply to work,materials, improvements or alterations required to be furnished, made by,or on behalf of the Tenant by the Landlord under the terns of this Lease. -1 Subordination. Tenant agrees to reasonably negotiate and execute a subordination,non- disturbance and attornment agreement with Landlord's first mortgage lender within ten (10) days of Landlord's written request of the same. The CRA Director is authorized to execute such agreement in consultation with the Tenant's attorney. Prior to the Lease Commencement Date, the Tenant agrees to review any request of the Landlord's first mortgage lender to alter a provision herein and,in consultation with the Tenant's attorney,the CRA Director shall agree to alter such provision if the alteration does not have a direct material adverse affect on the Tenant. _ _ _ {Commented[NL17]:Discuss public parking [.quirement is to be superior. 17. Assignment/Sublet. Tenant shall not assign this Lease or license or sublet all or any portion -------- --------- ----- -------- -------- --------- of the Parking Spaces without the prior written consent of Landlord, which consent tea r *' will not unreasonably be withheld.Notwithstanding the foregoing,subject to the terms and conditions of this Lease,Tenant shall have the right,without Landlord's prior written consent,to sell individual daily,weekly,or monthly parking passes to the general public for the use of the Parking Spaces for use consistent with the Permitted Use set forth in this Lease (each a "Parking Pass"). Each Parking Pass and all rights of the parties thereunder shall be subject to and subordinate to this Lease. Upon request from Landlord,Tenant shall promptly provide a list of any and all holders of any Parking Pass and the effective period of such Parking Pass.Prior to substantial completion of the Parking Garage,this Lease may be assigned,with the prior written consent of Tenant which consent will not be unreasonably withheldo�*� e� � ��^�'*�^ ^^��^�^rT� a^�� by Landlord to an entity that is managed by Landlord's key principals,Jeff Burns and Nicholas Rojo.After substantial completion of the Parking Garage, Landlord shall have the right to assign or sublease this Agreement to any third party without the consent of Tenant. Tenant may assign this Lease at any time to the City of Boynton Beach without Landlord's prior written consent.Landlord expressly permits Tenant to enEaae another entity to manage the Tenant's parking operations (including metering, electric vehicle charging, and other management related to improvements to Parking Spaces)and nothing in this Section shall be construed to mean otherwise. 44-.-18'. Alterations. (a) By Landlord. Landlord may modify, alter or change the Parking Garage in any manner or in any fashion as deemed advisable by Landlord, in its sole discretion; provided such modification,alterations or change does not materially and adversely impact the Tenant's access to and/or use of the Parking Spaces or non-exclusive use of the Access Areas. Landlord may place parking identification signs or such other signage as deemed advisable by Landlord, in its sole discretion. All alterations by Landlord must comply with applicable law,Florida Building Code and the City of Boynton Beach Code of Ordinances(including its Land Development Regulations). 01619970? 9 259421v3 (b) By Tenant.Tenant shall not make any improvements,modifications or alterations to the Parking Spaces or the Parking Garage,whether temporary or permanent,without the prior written consent of Landlord,which consent not be unreasonably withheld.Notwithstanding the foregoing,subject to the express terms and conditions set forth below,Tenant shall,at Tenant's sole cost and expense,install certain removable fixtures,such as parking meters,electronic vehicle charging stations,safety monitoring equipment,and signage within the Parking Spaces as deemed reasonably necessary for Tenant's operation of the Parking Spaces or other signage in the Access Areas in compliance with applicable law and approved by Landlord in writing,which approval shall not be unreasonably delayed (the "Permitted Alterations"). Landlord may withhold its approval to any Permitted Alterations in the event that Landlord reasonably determines that the proposed Permitted Alteration: (i)may impede or otherwise impair Landlord's operation of the Parking Garage or diminish the value of the Parking Garage;(ii)may not be easily removed or may otherwise cause damage or defacement to the Parking Garage upon installation, operation, or removal; (iii)may substantially, increase Landlord's liability or insurance premiums for the Parking Garage;(iv)is otherwise inconsistent with the standards for other similarly situated or comparable parking garages in Palm Beach County, Florida;(v)includes a structural alteration;(vi)includes an exterior change outside the Parking Spaces and Access Areas or change to the exterior of the Parking Garage(except for exterior signage indicating public parking at the Parking Garage in compliance with applicable law and approved by Landlord in writing, which approval shall not be unreasonably withheld or delayed);or(vii)is not in compliance with applicable law.Prior to Tenant's commencement of the installation of any Permitted Alterations,Tenant shall provide Landlord with: (i)pians, specifications, and proposed renderings of the Permitted Alterations; and (ii)Tenant's proposed contractor to be engaged in connection with the installation of the Permitted Alterations. Tenant's plans, specifications, renderings, and proposed contractor shall be subject to Landlord's prior review and approval consistent with the foregoing.All improvements,modifications or alterations by or on behalf of Tenant (including Permitted Alterations) shall be fully coordinated with Landlord and all such improvements,modifications or alterations shall be done in a good and workmanlike manner,lien free,and in accordance with applicable law. Any damage to any part of the Project that occurs as a result of any improvements,modifications or alterations by or on behalf of Tenant shall be promptly repaired by Tenant to the reasonable satisfaction of Landlord. In all events,prior to the commencement of the installation of any Permitted Alterations or other permitted improvements,modifications,or alterations by or on behalf of Tenant,Tenant's contractor shall provide Landlord with a copy of its insurance policy which shall meet the criteria set forth inSection-310,above,and which shall name Landlord and Landlord's Formatted:Highlight mortgagee as additional insureds and shall be evidenced by endorsement. Tenant,at Tenant's option,shall have the right to remove any and all Permitted Alterations or other permitted alterations,modifications,or improvements made by or on behalf of Tenant and replace same with similar quality, purpose and functionality.Notwithstanding the foregoing,at the time that any Tenant's Event of Default exists(after the expiration of all applicable cure periods),Tenant shall not be permitted to remove any such Permitted Alterations or other permitted alterations,modifications or improvements unless Landlord requires removal thereof:however,at the time that any Landlord's Event of Default exists or both Tenant's and Landlord's Event of Default exists (after the expiration of all applicable cure periods).Tenant shall have the richt to remove any such Permitted Alterations or other permitted alterations,modifications or improvements.In the event Tenant is entitled or required to remove such Permitted Alterations or other alterations, modifications or improvements,then prior to the expiration or earlier termination of the Term(or as may be extended),Tenant,at Tenant's sole cost and expense,shall remove,or cause to be removed,each of the Permitted Alterations or other alterations, improvements or modifications, and repair, or cause to be repaired, all damage resulting therefrom with reasonable wear and tear excepted. Tenant shall cause all Permitted Alterations,as applicable,to be separately metered at Tenant's sole cost and expense,and Tenant shall pay directly to the utility provider all amounts due and payable in connection with the use and installation of such Permitted Alterations,including,without limitation,usage fees,tap-in fees,and meter installation costs. All alterations by Tenant must comply with Florida Building Code and the City of Boynton Beach Code of Ordinances(including its Land Development Regulations). 01619970? 10 259421v3 44-19. Holdover Rent. k3 las m l ll��b ctaaa s r z fo. t1 lay-nt>z�tl f i� F 1r.-n-sdditiez+,-Tenant shall be liable to Landlord for all damages in the event Tenant holds over beyond the expiration of the Tenn that Landlord may suffer by reason of any holding over by Tenant. 4-4,20. Waiver of Jury THE PARTIES HERETO WAIVE TRIAL BY JURY IN CONNECTION WITH PROCEEDINGS OR COUNTERCLAIMS BROUGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER IN CONNECTION WITH OR ARISING FROM THIS LEASE. 2& I. Broker. The parties each represent and warrant to the other that no real estate broker, salesman,finder or agent was involved in the procurement or negotiation of this Lease. trg party all reasonable Ruariieys'fees and 2 ys,tuieh pFevai ling pai:iy Jn the JnterpFe�ati aii id ght by the preva4ifig party her-ebaidef:.saeli casts shall be a,.,71,.ss'of<.h,.cb.,.r l;c;,mac,....i ,.,.,7 22. Rules and Regulations. Tenant shall at all times abide by any rules and regulations ("Rules")for use of the Parking Garage,including the Parking Spaces,that Landlord or Landlord's garage operator reasonably establishes from time to time,and otherwise agrees to use the Parking Garage and the Parking Spaces in a safe and lawful manner that does not interfere with or diminish the Parking Garage by Landlord's other tenants.Landlord reserves the right to adopt,modify and enforce the Rules governing the use of the Parking Garage,including the Parking Spaces,from time to time including any key-card,sticker or other identification or entrance system;provided that,such adoption,modification,and enforcement does not materially and adversely affect Tenant's and the general public's access to the Parking Spaces and Access Areas or materially increase Tenant's Percentage Share unless such modification is required by an applicable law.If the Rules are reasonably posted at the Parking Garage,Landlord may refuse to permit any person who violates such Rules to park in the Parking Garage,including the Parking Spaces,and any violation of the Rules shall subject the car to removal from the Parking Garage and the Parking Spaces.If Tenant violates any of the Rules and such violation continues for or is not cured within five (5) days following notice from Landlord then,in addition to all other rights and remedies available to Landlord at law, in equity,and under this Lease, Landlord shall have the right to remove from the Parking Garage, including the Parking Spaces,any vehicles hereunder which shall have been involved or shall have been owned or driven by parties involved in causing such violation,without liability for any damages caused to such vehicle in connection with such removal. Commented[NL18]:City Comment: 23. Casualty's and Condemnation. If, during the Term (as the same may be extended), the Landlord is only obligated to commence the repair or Parking Garage or any portion thereof, including, but not limited to, the Parking Spaces, shall be restoration of the garage AFTER and only to the extent condemned, taken by eminent domain, materially damaged or destroyed by fire or other casualty, then it receives insurance proceeds.There is no mention of �na' - Tenant shall have the option to terminate this Agreement upon written notice to Landlord an abatement of rent during the period of time the whereupon this Lease shall immediately terminate and be deemed of no further force and effect and garage is under repair. Landlord and Tenant shall be released of all obligations and liabilities arising after such termination(except for such obligations and liabilities expressly identified herein as surviving the termination of this Lease); \r Commented[NL19]:City Comment provided that,if this Lease is terminated under this provision,all Rent paid in advance by Tenant applicable This section needs to be modified as landlord should not to the period of the Term after the termination of the Lease shall be refunded upon a pro-rata basis based have the right to terminate lease without having to on the date of termination. In the event'Trial��-a Tenant does not exercise the foregoing termination option, purchase back the parking lease rights. 01619970? 11 259421v3 then Landlord shall forthwith commence to restore the Parking Garage,including the Parking Spaces,to working condition;provided,however,Landlord shall only be obligated to restore the Parking Garage to the extent that Landlord actually receives insurance proceeds or condemnation awards sufficient to enable such restoration.If Landlord:(i)fails to restore the Parking Garage within two(2)years after the occurrence Commented[KR20]:This paragraph requires discussion— of such casualty; and(ii)Tenant's access to and use of the Parking Spaces is materially and adversely the public parking obligation will survive the length of the impacted,then Tenant shall have the right to terminate this Lease upon thirty(30)days'notice to Landlord; lease,and if the garage does not last that long,the Tenant provided�thatl r`z Lir .^is F ""'mated tui'der Ft L pFavan, ealvaneeappwill need to be compensated in some way,or Landlord will — = — based need to provide the parking elsewhere. o Fke aaF��F�.ii.raF.'r Commented[KR21]:For discussion:options in case of garage destruction: 4y smeb party 4y` g 1)Retum parcel to Tenant,at a cost determined by in proportion to value provided(5.51M)and use achieved 4estt etiaii.If any portion of the Parking Garage(including any fixtures,equipment and personal property (number of years). therein)or any Parking Space is damaged or destroyed due to any act or omission of Tenant,Tenant shall 2)Provide 150 spaces within Tenant jurisdiction be solely responsible for all costs and expenses of restoration,repair and replacement of any damaged or 3)Payment to Tenant in proportion to loss of public use as destroyed property,and shall pay such costs and expenses upon demand. a result of garage destruction. 24. Bindin Effect.ffect.This Lease is binding on the parties and their heirs,legal representatives, successors and permitted assigns,subject to the]imitations set forth herein. 25. Recitals. The Recitals at the beginning of this Lease are incorporated herein as true and correct statements and binding on the parties. 26. 4e-Recording.s'e�1~ This Lease++or a memorandum thereof or similar document may be recorded in the public records of Palm Beach County,Floridan and any a4effipt to do ..matt effect Ylialseever and ffifty be SheeeSliars'or assili S.. 27. Sales Tax Exemption. Notwithstanding anything to the contrary set forth in this Lease,so long as Tenant obtains and provides a true,correct,and complete copy of a sales tax exemption certificate, issued by the Florida Department of Revenue to Landlord contemporaneously with Tenant's execution and delivery of this Lease,Tenant shall be exempted from paying sales tax under this Lease. Tenant shall,not later than thirty(30)days before the end of each calendar year throughout the Term provide to Landlord an updated sales tax exemption certificate from the Florida Department of Revenue to establish Tenant's exemption from sales tax for the upcoming year. In the event that,at any time during the Tenn,Tenant no longer holds a valid sales tax exemption certificate from the Florida Department of Revenue or it is determined by the Florida Department of Revenue that sales tax is otherwise due on the amounts payable by Tenant under this Lease for any reason whatsoever,then Tenant shall be liable for all sales taxes due under this Lease and shall promptly remit same to Landlord. Tenant may,upon written notice to Landlord, request that Landlord contest any such taxes, assessments and other charges that Tenant reasonably determines,in its good faith judgment,are not appropriate or applicable Landlord may elect,but shall not be obligated,to accept any request by Tenant to contest such taxes,assessments and/or other charges.In the event Landlord elects to accept Tenant's request,Tenant shall reimburse Landlord for all actual costs and expenses incurred by Landlord in connection with contesting such taxes, assessments and/or other charges on Tenant's behalf(including, without limitation, reasonable attorneys' fees) within thirty(30) days of Landlord's written demand therefor. Notwithstanding any pending tax or assessment contest Tenant shall be obligated to pay,when and as due under this Lease,all taxes,assessments or other charges so contested.Tenant's obligation to pay any taxes,assessments and/or other charges under this Lease shall not be contingent upon the resolution of any such tax contest. Landlord shall provide the Tenant with a credit for all taxes,assessments and other charges which are awarded to Landlord in such tax contest to the extent applicable to Tenant's Percentage Share. 01619970? 12 259421v3 28. Entire Agreement and Severability. This Lease contains the entire agreement between the parties hereto regarding the Parking Garage and all previous negotiations leading thereto,and it may be modified only by an agreement in writing signed by Landlord and Tenant.This Lease shall be governed by and construed in accordance with the internal laws of the State of Florida. Venue for any action arising out of,or in any way connected with this Lease shall be Palm Beach County,Florida. If any term or provision of this Lease or application thereof to any person or circumstance shall,to any extent,be found by a court of competent jurisdiction to be invalid or unenforceable,the remainder of this Lease,or the application of such tern or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each tern or provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. This Lease may be executed in any number of counterparts, each of which shall be deemed an original,but all of which together shall constitute one instrument. 29. Force Majeure.If by reason of Force Majeure,it is impossible for the Landlord or Tenant in whole or in part,despite commercially reasonable efforts,to cavy out any of its obligations contained herein(except for the payment of monies or Rent),the Landlord or Tenant shall not be deemed in breach of its obligations during the continuance of such Force Majeure event.Such Force Majeure event does not affect any obligations of the Landlord or Tenant other than the tuning of performance of such obligations. The term "Force Majeure" as used herein means any of the following events or conditions or any combination thereof: acts of God, acts of the public enemy, riot, insurrection, war, act of terrorism, pestilence,archaeological excavations required by law,unavailability of materials,epidemics(including, without limitation, cases of illness or condition, communicable or non-communicable, caused by bioterrorism, pandemic influenza, or novel and highly infectious viruses, agents or biological toxins), epidemics,pandemics(such as COVID-19 and variations thereof),disease,quarantine restrictions,freight embargoes, fire or other casualty, lightning, hurricanes, earthquakes, tornadoes, floods, abnormal and highly unusual inclement weather(as indicated by the records of the local weather bureau for a five-year period preceding the Effective Date),strikes or labor disturbances,restoration in connection with any of the foregoing or any other cause beyond the reasonable control of the party performing the obligation in question, including, without limitation, such causes as may arise from the act of the other party to this Lease;or acts,or failure to act,of any governmental authority. 30. Radon.Radon is a naturally occurring radioactive gas that,when it has accumulated in a building in sufficient quantities,may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from Palm Beach County's public health unit. 31. Non-Discrimination.The parties agree that no person shall,on the grounds of race,color, sex,age,national origin,disability,religion,ancestry,marital status,sexual orientation,or gender identity or expression,be excluded from the benefits of,or be subjected to any form of discrimination under any activity carried out by the performance of this Lease. 32. Construction.No party shall be considered the author of this Lease since the parties hereto have participated in extensive negotiations and drafting and redrafting of this document to arrive at a final agreement. Thus,the terms of this Lease shall not be strictly construed against one party as opposed to the other party based upon who drafted it. 33. Exhibits.Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this Lease by reference. 01619970? 13 259421v3 34. Public Entity Crimes. As provided in section 287.133,Florida Statutes,by entering into this Lease or performing any of its obligations and tasks in furtherance hereof,Landlord certifies that,to its knowledge,it,its affiliates,suppliers,subcontractors and consultants who will perform hereunder,have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the thirty-six(36)months immediately preceding the date hereof.This notice is required by section 287.133(3)(a),Florida Statutes. 35. Palm Beach County Inspector General.Palm Beach County has established the Office of Inspector General in Palm Beach County Code,Section 2-421 -2-440,as may be amended.The Inspector General's authority includes,but is not limited to,the power to review past,present and proposed Tenant contracts,transactions,accounts and records,to require the production of records,and to audit,investigate, monitor,and inspect the activities of the Tenant and its agents in order to ensure compliance with Lease requirements and detect corruption and fraud.Failure to cooperate to the extent required by applicable law with the reasonable requests of the Inspector General or intentionally interfering with or impeding any investigation may result in sanctions or penalties as set forth in the Palm Beach County Code. 36. Exclusion of Third Party Beneficiaries.No provision of this Lease is intended to,or shall be construed to,create any third party beneficiary or to provide any rights to any person or entity not a party to this Lease,including but not limited to any citizens,residents or employees of the Landlord or Tenant. 37. Counterparts.This Lease shall be executed in counterparts,each of which shall be deemed to be an original,and such counterparts will constitute one and the same instrument. 38. Time of Essence.Time is of the essence with respect to the performance of every provision of this Lease in which time of performance is a factor. 39. Compliance.Each of the parties agrees to perform its responsibilities under this Lease in conformance with all applicable laws,regulations and administrative instructions that relate to the parties' performance of this Lease.Landlord shall at all times have the proper business licenses required of the City of Boynton Beach for the operation and leasing of the Parking Garage. Tenant warrants and covenants to Landlord that it shall not perform any act(or refrain from performing any act)within the Parking Garage that would jeopardize,rescind,or invalidate the validity of the applicable business licenses required for the operation and leasing of the Parking Garage. In furtherance of the foregoing,Tenant agrees that it shall promptly cooperate, assist and act in good faith with Landlord in order to facilitate Landlord's obtaining and maintaining all required business licenses requested by Landlord for the operation of the Parking Garage and shall not take any action or inaction to prevent such licenses from being issued,rescinded or revoked. Subject to Tenant's foregoing covenants, Landlord is solely responsible for obtaining all applicable governmental approvals related to the operation of the Parking Garage; provided, however, Tenant shall be responsible to obtain all permits and governmental approvals related to its use of the Parking Spaces and any permitted alterations or improvements undertaken by or on behalf of Tenant(including the Permitted Alterations). 9-4 Joiner.By its Joinder hereto,the Citv hereby acknowledges that upon the dissolution of the Boynton Beach Community Redevelopment Agency,the City shall automatically become the Tenant and shall have all rights and obligations as provided in this Lease as if City were the original Tenant in this Lease,which all Parties hereby expressly acknowledge,submit to,and agree. [SIGNATURES ON FOLLOWING PAGE] 01619970? 14 259421v3 IN WITNESS WHEREOF, the parties have executed this Lease as of this day of 12022. LANDLORD: BB QOZ,LLC, a Florida limited liability company By: Print Name:Jeffrey Burns Its:Manager WITNESSES: WITNESSES: (I) (2) Print Name: Print Name: TENANT: THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: By: Witness: Print Name: [Note to counsel:please advise what additional signatures are necessary] Approved for legal sufficiency: Approved for financial sufficiency: By: By: LRAAttorney Financial Services Director 01619970? 15 259421v3 JOINDER PARTY THE CITE'OF BOINTON BEACH B B : Print: Witness: Approved for legal sufficiency: Approved For financial sufficiency: Bv: Bv: City Attornev Financial Services Director 01619970-2 259421v3 i EXHIBIT A Property Description The land referred to herein below is situated in the County of Palm Beach,State of Florida,and is described as follows: PARCEL 1—508 E.Boynton Beach Boulevard,Boynton Beach,Florida 33435 (PCN:08434528030010060) PARCEL 2—NE 4"Street,Boynton Beach,Florida 33435(PCN: 08434528030010080) PARCEL 3—NE 1"Avenue,Boynton Beach,Florida 33435(PCN: 08434528030010100) PARCEL 4—115 N.Federal Highway,Boynton Beach,Florida 33435(PCN:08434528030060010) PARCEL 5—511 E.Ocean Avenue,Boynton Beach,Florida 33435(PCN:08434528030060100) PARCEL 6—515 E.Ocean Avenue,Boynton Beach,Florida 33435(PCN:08434528030060111) PARCEL 7—529 E.Ocean Avenue,Boynton Beach,Florida 33435(PCN:08434528030060120) 01619970-2 259421v3 EXHIBIT B Commented[KR22]:Need to review prior to execution Parking Garage Floor Plan 01619970-2 259421v3 EXHIBIT C Base Building Improvements The Parking Garage consists of a park-on-grade precast(or post-tension)concrete stand-alone parking structure with elevator,stairwells,and mechanical,electrical,and plumbing engineering as required by applicable laws,codes,and ordinances. 01619970-2 259421v3 EXHIBIT Commented[KR23]:Needed?Incomplete—so fix or delete. Base Rent [Note:to be discussed with client and City Commented[NL24]:$0.00 91619979-2 259421v3 Purchase and Development Agreement and Tax Increment Revenue Financing Agreements Summary of Developer's Proposed Terms - 115 N. Federal Highway • The Proiect o To be Constructed consistent with Conceptual Site Plan, which may be amended without CRA approval except as to the Required Elements o Required Elements ■ Area Median Income ("AMI") shall mean the Palm Beach County Area Median Income, as set forth and published each year by the Department of Housing and Urban Development or the City of Boynton Beach Area Median Income, as set forth and published each year by the City of Boynton Beach, as determined by the Lender. If the Lender does not make a determination, the Developer shall use the City of Boynton Beach Area Median Income, provided that; (a) the City publishes AMI levels on a regular (annual) basis, (b) the AMI levels are made readily available to the general public and (c) the City utilizes the same calculation methodology as does the Department of Housing & Urban Development. ■ Rental Apartment Building including a minimum of 236 rental units subject to the following: The units shall be rented in accordance with the following ratio (regardless of how many units are constructed) • Tier One: 3.8% of the total rental units to tenants that earn up to 80% of the AMI; • Tier Two: 22.6% of the total rental units to tenants that earn up to 100%of the AMI; • Tier Three: 23.6% of the total rental units to tenants that earn up to 120% of the AMI; • Tier Four: the remaining total rental units shall be unrestricted. • Tier One,Tier Two, and Tier Three units shall be the Restricted Units. If necessary, and if consented to by Developer in Developer's sole and absolute discretion, the total rental units and affordability requirements may be adjusted as may be required in order to meet the minimum code requirements of the City of Boynton Beach's Workforce Housing Program, provided that at no time shall the sum of Tier One, Tier Two and Tier Three units be less than 50%of the total rental units, • Affordability Restrictions 0 15 years following Construction Completion (the "Affordability Term"). 0 10% of the Restricted Units (in the same tier proportion as set forth in Section 3.3.1.1 hereof, shall remain in effect for an additional 10 years following the expiration of the Affordability Term. ■ A minimum of 16,800 feet of commercial space (e.g. restaurant, retail, and office) ■ A minimum of 150 public parking spaces which shall remain open to the public in perpetuity, subject to a Lease Agreement to be executed between the Parties, in a form substantially similar to the Lease Agreement attached hereto as Exhibit "D" (the "CRA Spaces"), in addition to the amount of parking spaces needed for the residential and commercial components of the Project.Although the CRA Spaces are separate from the parking spaces that 01616627-1 1 are designated for the residential and commercial uses, the CRA Spaces shall be included in the calculation of determining the total number of parking spaces required for compliance of the residential and commercial uses with the minimum code requirements of the City of Boynton Beach. • Development Timeline—Below is Developer's proposed Project Timeline. o Effective Date is the date the last party to the Agreement executes the Agreement o Application for Site Plan to be submitted within 180 days/6 months of the Effective Date o Land Use Approvals Received - No Deadline in the Agreement for receipt of the Land Use Approvals ■ Developer will "diligently and continuously pursue" site plan approval and all other required Land Use Approvals ■ Land Use Approvals = all required site plan, zoning, platting/replatting approvals from the City of Boynton Beach necessary to procure building permits to construct the Project on the Property. o Closing Date—within 36 months/3 years after receipt of Land Use Approvals ■ Ability to extend for 2 twelve (12) month periods subject to CRA approval which shall not be unreasonably withheld, conditioned or delayed provided Developer is using good faith and due diligence o Evidence of financing for the Project—to be provided within 10 days of receipt but no later than Closing Date o Commencement of Construction —within 36 months/3 years of the Closing Date ■ Ability to extend for 12 months subject to CRA approval which shall not be unreasonably withheld, conditioned or delayed provided Developer is using good faith and due diligence to achieve Commencement of Construction. o Completion of Construction -Temporary Certificate of Occupancy shall be issued within 36 months/3 years of Commencement of Construction ■ Ability to extend for 12 months subject to CRA approval which shall not be unreasonably withheld, conditioned or delayed provided Developer is using good faith and due diligence to obtain temporary certificate of occupancy o Final Certificate of Occupancy— no deadline ■ Developer shall use good faith and due diligence to obtain final certificate of occupancy 01616627-1 2 • Terms of Purchase and Development Agreement o Price - $100.00 o Deposit -$10,000.00 o Conditions to Close— Receipt of Land Use Approvals—defined as site plan, zoning, platting/replatting, and building permits and approvals necessary to construct the Project on the Property. o Closing-to Occur within 36 months/3 years after receipt of Land Use Approvals, with potential extensions as discussed above. o Tenants ■ Purchaser will assume all leases ■ Hurricane Alley- PURCHASER acknowledges that a current tenant of the Property is Hurricane Alley ("HA Tenant"). PURCHASER shall use reasonable efforts to relocate HA Tenant to the Project and shall use reasonable efforts to work with HA Tenant to phase construction activities of the Project in order to minimize (in the exercise of commercial reasonableness) the timeframe between demolition of the HA Tenant's current premises and construction and delivery of HA Tenant's new premises within the Project. o Reverter ■ Property will revert to CRA if Purchaser fails to Commence Construction as provided for in the Agreement—within 36 months/3 years of Closing Date. ■ CRA will pay Purchase Price ($100.00) and the amount of out-of-pocket pre- development and development costs incurred by Buyer— professional services costs o Termination ■ Default By Purchaser prior to Closing—CRA may terminate the Agreement ■ Default by Purchaser after Closing- Reverter o Assignment ■ Purchaser may assign contract to related third party without CRA consent ■ Assignment to unrelated third party requires CRA consent o Miscellaneous Provisions ■ Force Majeure— written to includes pandemics ■ Operation of Property— no new leases, renewals or extensions without Purchaser Approval 01616627-1 3 • Terms of the TIRFA o The Project— requires construction of the Project as set forth above pursuant to the Development Timeline above o Public Benefits— ■ Job Fairs and Apprenticeships- Prior to and during the construction of the Project Developer shall: • Host 2 job fairs within City of Boynton Beach • Include requirements in contracts with contractors that contractors use good faith efforts to participate in an apprenticeship program ■ Green Building—achieve National Green Building Standards Bronze certification o Tax Increment Revenue ■ Amount - 100%of Project related Tax Increment Revenue ■ Term— 15 years o Default by Purchaser ■ Developer is not entitled to payment of Tax Increment Revenue for any period during which it is in default ■ Once a default is cured, Developer is eligible to receive its Tax Increment Revenue for the remaining years of the 15-year term ■ CRA cannot terminate if Developer in default, however, Agreement automatically terminates after 15-year term o Termination—Agreement automatically terminates: ■ Upon last disbursement of Tax Increment Revenue due to Developer ■ Upon expiration of the 15-year term ■ Upon failure to Commence Construction o Assignment ■ The Agreement may only be assigned in its entirety ■ Prior to Completion of Construction • Assignment to a related entity or the Lender-without CRA consent • Assignment to unrelated party—CRA consent ■ After Completion of Construction, provided Developer is not in default • Assignment to any party- without CRA consent but requires 30 days notice o Subordination — The CRA shall administratively amend this Agreement (without requirement of CRA board approval) as may be reasonably required by the Lender, provided that such amendment pertains solely to non-material terms of this Agreement and is for the purpose of complying with Lender requirements in order to effectuate Financial Closing. If any required amendment by the Lender would have a material effect on the terms and conditions set forth in this Agreement, then such amendment shall require CRA board approval, not to be unreasonably withheld, conditioned or delayed. 01616627-1 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 13, 2021 Mr. Morris, explained in Delray Beach, he competed against 26 other companies and he personally signed a $76 M construction loan and finished an $8.5M parking garage, gave it to the City and they were given a $2.5M piece of land. He and a subsidiary of BlackRock are getting ready to sell that property for $165 million. He did the same thing in Boca at Palmetto Park, and he and his wife signed personally with Deutsche Bank. The project was incredibly successful. He did the same thing in Sarasota. Each one of those projects were mid-block projects. He was not saying they should not acquire the edges. If they got Kim Kelly's property, he would keep it and build around it His point was he had three major projects, but thought they should keep the playing field level. Chris Roberts, 70 Heather Trace Drive, supported issuing the RFP. Chair Grant explained the main reason he wanted the seven acre or larger project is because he did not want to see an apartment rental complex with retail on the bottom. He wants office space, condos and a hotel, not residential. They are missing Class-A office space. Attorney Duhy explained the item before the Board is the LOI. The Board can reject or accept it. If accepted, they will publish notice for 30 days of their intent to dispose and during that time, others can submit additional letter requests or proposals to purchase the property to be brought back to the Board for consideration. The RFP is a document that sets standards the Board established of what they require to be provided by whomever is interested. It is another notice to the public of the Board's intent to develop the property. It has a deadline and during the period of preparing their proposals and submitting prior to the Board's consideration, there is a cone of silence. The LOI would have to be voted on in September. Vote There was a vote in favor of rejecting the LOI from Hyperion. The motion passed 3-2 (Vice Chair Hay and Chair Grant dissenting.) 16E Discussion and Consideration of a Draft RFP/RFQ for the CRA Project Located at 115 N. Federal Highway. (Heard out of Order) Motion Board Member Romelus moved to remove Item 16E from the Table. Board Member Katz seconded the motion. The motion passed unanimously. Chair Grant noted they did not update the timelines for this RFP. Mr. Simon stated the item sat frozen on the table. He suggested pushing everything out a month. Instead of issuing an RFP/RFQ on June 18th, he suggested issuing it July 19th or the 20th. 19 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 13, 2021 Board Member Romelus thought this would be the time to incorporate other language to the RFP and asked what is the proper way to request financial viability from respondents. She thought it was a gray area a condition could address. Attorney Duhy explained the issue is a public records issue. There is a way to the information the Board needs, which is done regularly. Board Member Romelus thought to protect the interests of the respondent, the CRA could hire a consultant to vet each candidate. Attorney Duhy explained it may be possible, but she would need to see an example. She thought certain groups, private or public, working for or hired by the CRA, could apply, but she would have to research that process and whether or not the public records would attach to the private company. Board Member Romelus asked if the consultant could say they provided these documents and give a yes or no answer about the respondent's financial liability not that they have to show or issue documents that would then become public record. Attorney Duhy explained if they required a private audit of the respondent's financials and they hire them and they provide the Board with the auditor's response, the auditor's work is not a public record. The public records law attaches when the CRA hires a private corporation to do work for the CRA. There are ways to achieve that end to put the burden on the applicant, but she had a concern it could make those records public, notwithstanding the Board does not want to see them. They may be able to request them from the proposers. Mr. Simon explained staff intended to bring forward the idea, when the RFP was released to have a third-party entity assist in the evaluation process from a sufficient/insufficient response to the Board. In past RFPs, during the RFP preview process, the documents submitted by the respondents are private during the Board's deliberation until a respondent was selected and the RFP process was completed. At that time, all of the respondents' documents become public. During the process, Ms. Nicklien would send a Board view and a public view, which affords some confidentiality for the respondents. Pertinent information according to the public records law may be redacted. Confidential information comes in a sealed package. Mr. Simon feels confident they would obtain a third party for a review as other municipalities have the same process. Board Member Romelus requested including that provision in the RFP. Attorney Duhy spoke about confidentiality and noted there are two different levels. Level 1 is there is certain business data they would not ask for, because the CRA would not want, nor would any business want to give to be a public record. When she was discussing hiring a third party to review those records and make them public, it could be a problem. What Mr. Simon is discussing is when they decide the package of information, which Mr. Simon knows what is needed and which he has seen before, that they do submit, it can be given to a third party and that no one is worried about it becoming a public record in the first place, and they can vet it. She wanted to clarify how to make a distinction about the appropriate documentation to provide to demonstrate financial capability, and there are documents, no one would want to provide, so you would not want to hire an auditor to say give them those records, look at 20 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 13, 2021 it and then give an opinion, versus what Mr. Simon said which is this is fine, all agree to provide it, it remains confidential during the process, and you can give it to an auditor to become public. Board Member Romelus thought they could craft an RFP that would have language that would allow respondents to show financial viability, while allowing them to maintain privacy. Chair Grant stated they could ask for a loan commitment letter or guarantee. Mr. Simon explained the information about financial capability is not only centered on the proposer's ability to borrow money or find investor money, a detailed breakdown of the construction and the proposed redevelopment costs is required. It talks about the previous use of funding subsidies and qualified contractors, current audited financial statements, which includes balance sheets, and a three-year statement of past income, which would be in the confidential letter. They would want to receive verification from a third-party lending institution that the respondent has done business with them before or have discussed the project with them and while not guaranteeing a financial commitment, they would provide a more direct connection to the project, developer and the loan. Board Member Romelus favored seeing the former. She wanted the funds and every single cent broken down. Mr. Simon advised it requires a written statement of acquiring the property, what it is for, and the details of the acquisition as well. Attorney Duhy explained an RFP is at the Board's discretion. The process applies in terms of the cone of silence, the time periods, considering them a certain way, and sending required elements. She pointed out that since the GRA is doing everything for the CRA and for the public benefit, the RFPs are written fairly broadly to allow for variety, where there are a lot of variables. Once the CRA set the standards, the Board must apply them, but there as much flexibility as they want in which standards they set. Chair Grant wanted a change in Item 13C regarding parking spaces, that they will provide least 150 parking spaces and not approximately 150 parking spaces. He wanted to include a pre-apprenticeship program with Item K. One problem with the Town Square was the community did not have the skills required to work at the construction site. If the developer is able to create a pre-apprenticeship with a local non-profit, university or college, they can use the value of the program as part of the disposition of the sale of the property. They can use the sale and disposition of property in the CRA for items not contained in the CRA Comprehensive Plan She cautioned these have to be in the public interest and in the CRA District, based on the CRA plan, but there are economic opportunities that could justify the action. He wanted to see enhanced environmental features as part of the project. They are trying to combat climate change and be sustainable. They have their own Green Building Code, but he did not want to see them get the minimum. Board Member Romelus requested the building be connected to the City's Water Chiller Plant. Chair Grant did not know if it was possible, as tunneling under could be an issue. They can let that request be open ended and discussed. Mr. Simon explained items like fiber optics and reclaimed water are discussed during negotiations of the project when the builder is selected as there may be limitations the CRA would not know about. 21 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 13, 2021 He thought, as in the past, the list of components to include grows beyond a few things listed in the RFP that a developer can add. Those are items listed for post RFP development designs as well as water and sewer upgrades. Chair Grant wanted workforce housing included and noted with workforce housing, some funding would be provided. When the project is built, the developer will pay taxes and that is what subsidizes the workforce housing component. Mr. Simon explained the CRA would say it is required and the developer can propose the use of TIF funding, but not an amount, as there will be a variation. They may have someone willing to risk a larger range between the market and workforce rate and other developers may not. The CRA always has been open to assistance and incentives, but does not guarantee it up front. If the Board wants workforce housing, it does not have to specify how many units. Chair Grant proposed fund workforce housing through TIF for 10 years, where the CRA is able to enter into a contract for rent control as part of a contract. Mr. Simon asked if they would like to specify the range of area median income as the targeted workforce for the developer to work into the proforma. The maximum is 140%, but 120% is the HUD high. The lower the median income, the higher the subsidy. Chair Grant wanted to keep the range from 80% to 140% and have mixed-income capability in the downtown. Chair Grant commented the CRA got it right with 500 Ocean to use TIF to build out commercial, and the GRA has the ability to enhance commercial spaces. Attorney Duhy noted the CRA already says it has TIF available for funding for said listed items. Board Member Katz had no objections saying TIF would be available for any purpose, but he did not want developers to think they are entitled to TIF for a specific item. Mr. Simon recalled with 500 Ocean, they had to build office space above the retail. That was an item they settled on to justify the TIF. They did not buy the office space, like they are doing with Centennial, it just became part of the formula. They removed residential units to create that space and the TIF offset the rents they would have received from residential units. There was no way, to equate the monetary return they have provided in TIF to the cost in square footage, which is why he preferred it be as open ended as possible with regard to the Board's ability to negotiate how they want to use the TIF. The developer may or may not need it. If the Board leaves it open, the Board may come up with different ways to assist the developer. If the developer is providing the CRA with something the Board wants they would not normally do and the CRA wants to pay for it, that is part of the negotiations. Once they negotiate, the Board may find the developer would provide six things and the Board wants two, the CRA could pay for them, but the Board would not know that until the responses are received, see where the developers have read what was asked, and met with the City to ensure it meets Code. The Board has done a good job vetting what the community and the Board wants. He thought they would receive good responses. Attorney Duhy explained when presented to the Board, the members could ask specific questions and their willingness to accept specific components funded by the CRA during that phase during the process. Mr. Simon pointed out the Board could, during the presentations, ask for the elements the Board wants. They have to provide a checklist of what the CRA wants. Chair Grant 22 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 13, 2021 thought they should change the language regarding negotiating with adjacent property owners. Mr. Simon explained they could get approval from the Oyer's, between now and the release they will participate, contingent on certain things, but then the image to the developer will include what the developer would do with it. There is an option of what the CRA can control, and an option with the developer taking a larger piece. Chair Grant wanted to include properties the CRA is in negotiation with. Whatever properties they are negotiating with has to be in public and he wanted that included. Mr. Simon asked if the Board was using the HUD Area Median Income (AMI) or the Boynton Beach AMI and learned they would use the Boynton Beach AMI going forward. Chair Grant commented item 13F Consideration and incorporation of adjacent properties into overall project by providing evidence of site control, contractual commitment and inclusion of CRA properties. Chair Grant wanted to finalize the date. For proposed schedule the RFP/RFQ approval by CRA Board would be today, July 13, 2021, the issue date would be similar to July 23, 2021. The voluntary pre-submission meeting would be August 19, 2021. Question requests for clarification deadline is September 30th and submission deadline of October 19, 2021. They could hear presentations by the CRA Advisory Board in December and learned they could if the Board wanted to seek outside counsel regarding the vetting, they should be given 30 days. Chair Grant requested confirmation three different firms can vet the presentations and they would give examples of what and how they look at financial feasibilities and requirements for these types of proposals. They could provide a ranking in an evaluation and depending on the scope of work, they can provide services to help negotiate a contract. Staff can provide examples of their work from other jurisdictions. December 2nd would be the presentation to the Advisory Board and December 14th to the GRA Board. March 9th is the purchase and sale agreement, they would have a new CRA Board to deal with. There is a fifth Tuesday the CRA Board could have a special meeting on November 30th, which gives an extra meeting in December to discuss the matter. They will present to the CRA Advisory Board on November 4th based on design and on November 301h meeting, the CRA Board will have the financial report. Chair Grant requested a motion to approve the RFP as amended and to ensure financials are provided that can be vetted by an independent auditor, change Item 32C to at least 150, Item K is to include a pre-apprenticeship program, make a requirement of the project workforce housing with Boynton Beach AMI of 80% to 140%, make clear if it is available for inclusion for project, make a clarification to the RFP including properties other than the GRA to identify those that may be under negotiation with the CRA, amend the dates as discussed and include enhanced environmental features. Motion 23 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 13, 2021 Board Member Penserga moved to approve. Vice Chair Hay seconded the motion. The motion passed unanimously. 16. H Discussion and Consideration of a Letter of Intent from the Barber Family Companies LLC for CRA-Owned Property Located at 211 E. Ocean Avenue (Heard out of Order) Chair Grant requested a motion to remove Item H from the table. Motion Board Member Katz so moved. Board Member Romelus seconded the motion. The motion passed unanimously. Anthony Barber, 1920 S. Federal Highway, thanked his sister and four-year old son who was with him, for sitting through the proceedings so quietly. He submitted a letter regarding the Magnuson House for a restaurant concept based on a project he is involved in, in West Palm Beach. Troy's BBQ will celebrate 25 years on Sunday. They expanded in Boca, but were unsuccessful. On August 20th, he will expand into West Palm Beach with a restaurant concept as opposed to BBQ, that he wants to bring to Boynton. He has development partners who own 20 restaurants throughout Palm Beach, Dade and Broward Counties and they agreed to partner with him at the Magnuson House for a restaurant that would be called "Magnuson." The restaurant concept would use shipping containers with all outdoors seating and all outdoor cooking apparatus. They would model kitchens and restrooms with shipping containers for a turn. If they started tomorrow, he could open by next July and it would be a self-funded project. He was looking to the CRA for a purchase agreement with the CRA having first right of refusal of any sale, and/or assistance and funding if they cannot come to agreement on the terms of a sale. Chair Grant questioned if Mr. Barber was willing to pay the appraised value. Mr. Barber hoped not. He clarified the CRA has grant programs and opportunities for building, signage, and interior and exterior build outs. He was not looking for the CRA to give him the property. He was looking to enter into discussions with the CRA to come up with an agreement that works for both sides. He thought what could work was the Barber Family Company LLC provides the funding for the redevelopment of the property as long as the purchase of the property was in scale to the redevelopment. The CRA would spend the same amount of money either way. Chair Grant asked about parking and learned he would try to enter into a parking agreement with the City in the long term. In the short term, he would like to use parking for the Schoolhouse Children's Museum and Old High School.(Cultural Center) and from a land use agreement to the west of First Street or Avenue. Chair Grant explained the City has no control over the garages. Mr. Simon explained the Magnuson House was part of the sale to the City at the corner of NE1st and 1St by the fire station. There was a parking lot with 58 spaces. When the Shovel Ready project was approved, 36 or 38 paces were attached to it. The City is not 24 BOYNTO immiBEACH C d CRA BOARD MEETING OF: July 13, 2021 OLD BUSINESS AGENDAITEM: 16.E. SUBJECT: Discussion and Consideration of a Draft RFP/RFQ for the CRA Project Located at 115 N. Federal Highway SUMMARY: At their meeting held on May 11, 2021, the CRA Board directed staff to finalize a draft Request for Proposal/Request for Qualifications (RFP/RFQ) to bring back to them for final approval. In addition to the standard requirements (e.g. financial capability and experience of the proposers, local hiring, proposal submittal timelines, etc.), elements to consider when formulating the project components and evaluation criteria listed in a for redevelopment of the 115 N. Federal Highway properties include but are not limited to the following (see Attachments I & II): • A mixed-use project providing retail, office, grocery, and residential units (including workforce housing if applicable); • Incorporation of public open spaces, plazas, publicly accessible WiFi, lighting and enhanced green spaces into the design including the preservation or expansion of Dewey Park; • Providing the opportunity and consideration for the CRA to fund the construction of public parking spaces over and above the amount required for the development itself; • Incorporation of multimodal accommodations and amenities into the Project's design; • Consideration of exterior design enhancements of proposed parking structures to ensure compatibility with the surrounding area; • Consideration of incorporating adjacent properties into the overall project; • Consideration of the overall design and positioning of key elements of the proposed project in recognition of the potential for a future commuter rail station on the west side of NE 4th Street; • Incorporation of a reverter clauses associated with CRA owned parcels; • Incorporation of first-right-of refusal clauses associated with CRA owned parcels; • Incorporation of terms for adherence to development timelines and property exchanges; • Experience in completing comparable development projects within markets similar to the project area as the proposing team; • Proposer's financial terms, purchase price, development and operating proforma; • Proposer's financial capacity to complete the proposed project; and, • Proposed plan or program (including monitoring mechanisms and apprenticeship) to use local contractors, sub-contractors, and laborers in the project. Proposed Schedule for RFP/RFQ: • RFP/RFQ approval by CRA Board (subject to legal review): June 8, 2021 • Issue Date of RFP/RFQ: June 18, 2021 • Voluntary Pre-Submission Meeting: July 15, 2021 • Question/Request for Clarification Deadline: September 2, 2021 • Submission deadline: September 21, 2021 • Presentation to the CRA Advisory Board: November 4, 2021 • Presentation of Proposals to the CRA Board: November 9, 2021 • Purchase and Development Agreement: February 8, 2022 BACKGROUND: At their December 8, 2020 meeting, the CRA Board discussed the pros and cons of entertaining one of the Letters of Intent submitted for the acquisition and redevelopment of the CRA owned property located at 115 N. Federal Highway. The CRA Board concluded that the Request for Proposals/Request for Qualification (RFP/RFQ) process would be the best way to solicit proposals while addressing the goals and objectives of the CRA Redevelopment Plan (see Attachment 111). Attachment IV provides a public comment log of comments received by staff regarding the redevelopment of the property. The CRA Board wanted to gather input from the community as to the future redevelopment project and finalized a list of 10 questions to be incorporated into the community survey at their February 9, 2021. On March 3, 2021, the CRA received 507 responses through the Survey Monkey Platform and a detailed report is provided as Attachment V. FISCAL IMPACT: To be determined by the CRA Board. CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the 115 N. Federal Highway Infill Mixed-Use Redevelopment Project RFP/RFQ and its issuance subject to final CRA legal review. 2. Do not approve the 115 N. Federal Highway Infill Mixed-Use Redevelopment Project RFP/RFQ. 3. Alternate determination based on CRA Board discussion and consideration. ATTACHMENTS: Description D Attachment I -Aerial Map of 115 N. Federal Highway Parcels D Attachment II - Draft Request for Proposal/Request for Qualifications D Attachment III -CRA Redevelopment Plan - Downtown District D Attachment IV - Public Comment Log for 115 N. Federal Highway Parcels D Attachment V -03.04.21 Community Input Survey Results f Ott s s_)�v t 14ttls ! t s- - r to id1 k -11L.2 pfa m > m m U 0 E y v ti , kl, )I1 Q f, fam p m ,11 I 1 of� u 01 p fa it ��ty #U m >, 0 -0 _0 _� a o Lu m a°i d fa m° o LL a LL a°i LL E m m 'rf u'n Z O adO M � O V L L-0 O. O T O.fS O O LO N I I In x'12 8 .. m 1) fa fa fa fa nfa o 3 0 C: 2 -°0 3 0 _00 3 0 _00 3 0 -°0 3 t o etiiso s-h)S Q O Q Q O Q Q O Q Q O Q Q O U 1f l�y ksys �»xi iy �� u3 ! E V �j k1V`s x i t t t v ) - tP,i. u,.SPUk 'k ) Slit``•aK tc K v-il a�i�, �'.,,,� IS Rtt t: .: �,s„tksssatt'{irtt4t�=�z�iil�c N ��P�,�S s 1 li�kstl).7 ),�r»>U) 1 t \Itis g � It T4 fel' tl�P' �41M ow CA x q { _ ) r- ■VVf r7 c d EL Des s' q � a i x £•tll�, �1 s c rt I `}ti 81ft §,' ass g i�'• f� lfisl {k4 `�� ,i ��p °� i# -'� � � Ir i BOYNTON ', � . 01 �:8, :m' ' ,B E AC H ,; C; MUNI"rYREDEVELOPtvA,,ENTAGEN�'L.14,Y BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY REQUEST FOR PROPOSALS AND DEVELOPER QUALIFICATIONS 115 N. Federal Highway Infill Mixed-Use Redevelopment Proiect Location: Boynton Beach Community Redevelopment (BBCRA) Owned Properties Issue Date: June 18, 2021 Submittal Deadline: September 21, 2021, no later than 2:00 p.m. The Boynton Beach Community Redevelopment Agency (BBCRA) is issuing this Request for Proposals and Developer Qualifications (RFP/RFQ) for the acquisition and redevelopment of various BBCRA owned parcels located at 115 N. Federal Highway and adjacent parcels, Boynton Beach, Florida, as referenced and identified on Attachment "A" and hereinafter referred to as the "Project Site". The BBCRA will accept sealed proposals at its office located at 100 E. Ocean Avenue, Boynton Beach, FL 33435 ON OR BEFORE September 21, 2021, no later than 2:00 p.m. Eastern Standard Time, as determined by the time stamp or clock at the BBCRA's reception area. Responses to this RFP/RFQ ("Proposals") received after the date and time set forth above will NOT BE ACCEPTED FOR CONSIDERATION. All proposals will be date and time stamped by the BBCRA. Faxed or emailed proposals will not be accepted. The RFP/RFQ documents, including all related attachments, must be obtained from the BBCRA office orwebsite at www.boyntonbeachcra.com. 1. Community and Economic Setting The City of Boynton Beach (City), with a population of 72,000, is the third largest city in Palm Beach County, Florida. It is located approximately 45 miles north of Miami and 15 miles south of West Palm Beach.This puts it in the heart of southeast Florida's rapidly growing tri-county Miami- Dade/Broward/Palm Beach metropolitan area. Boynton Beach has direct access to the Intracoastal Waterway, Interstate 95 (I-95)and the Florida Turnpike. It also has a market of more than 6 million people within a two-hour radius and ready access to three international airports, two major rail lines, as well as the Tri-Rail regional commuter rail system. 01034473-4 101034473-4} Page 1 of 24 i 2. Property Disposal and Proiect Description This RFP/RFQ is being issued for a project known as the-115 N. Federal Highway Infill Mixed-Use Redevelopment Project (the "Project"), and is seeking proposals for the acquisition and redevelopment of a BBCRA-owned property located at the Project Site. The Project Site is approximately 1.87 acres and located within the Downtown District as described in the 2016 BBCRA Community Redevelopment Plan and carries a recommended Future Land Use of Mixed-Use High with a corresponding Zoning designation of Mixed-Use Core. The recommended land use and zoning designations provide for a density of 80 units per acre with a maximum allowable building height of 150ft. Under defined circumstances, allowable density may be increased by twenty-five percent (25%) if a proposed development meets certain requirements under the City of Boynton Beach's Workforce Housing Ordinance. It is the responsibility of each Proposer to review the City of Boynton Beach Land Development Regulations, applicable site plan and design guidelines and limitations. Additionally, the Project Site is located within the designated Transit Oriented Development (TOD) and Transportation Concurrency Exemption Area (TECA) of the City of Boynton Beach. All proposals and Projects must be in conformance with and in furtherance of the 2016 Boynton Beach Community Redevelopment Plan ("BBCRA Plan").The BBCRA Plan may be accessed on the BBCRA website: www.boyntonbeachBBC A.com. 3. Survey and Appraisal. An aerial boundary and parcel map along with a copy of the property survey is included with this RFP-RFQ as Attachments "A" and "B." An appraisal of the subject properties that make up the Project Site was completed on January 27, 2020 and August 16, 2020 and are available in electronic form on the BBCRA's website or upon written request to the BBCRA. Proposers should not rely solely on the information in the appraisal when compiling the financial components of a proposal. The appraised value should be considered with all offers and requests for BBCRA incentives. 4. Palm Beach County Impact Fees: Development of the property will be subject to Palm Beach County Impact Fees. Please contact the Planning, Zoning and Building Administration Division of Palm Beach County for specific information regarding impact fees applicable to the Project, or to download relevant information go to www.discover. be ov.or � zb�administration . S. Incentives for the Proiect. Under Chapter 163, Florida Statutes,the BBCRA is empowered to encourage and incentivize redevelopment within the BBCRA Redevelopment Area consistent with the BBCRA Plan. The BBCRA is committed to meeting the goals and objectives of the BBCRA Plan and will support the Project with policies and potential Tax Increment Revenue(TIR)funding. 01034473-4 101034473-4} Page 2 of 24 i 6. Pre-Proposal Meeting. A voluntary pre-proposal meeting has been scheduled for July 14, 2021 at 3:00 p.m. Eastern Standard Time in City Hall Chambers, located at 100 E. Ocean Avenue. All interested proposers are required to attend the meeting and be prepared to ask questions. Proposer's failure to attend the pre-bid meeting and sign in within 10 minutes of the meeting start time will disqualify a proposer's proposal. 7. Proposer Registration. All entities interested in responding to this RFP/RFQ must register with the BBCRA via email by providing their name, address, telephone number, and an email address to Michael Simon, BBCRA Executive Director, at SimonM@bbflous. Any information concerning addenda, changes, additions, clarifications, notices, and other topics related to this RFP/RFQ will be sent to registered proposers using the registration information provided. 8. Additional Information. After the proposals are received by the BBCRA, the BBCRA may make requests to proposers for clarifications,assurances,orfor other details including, but not limited to,financial and disclosure data relating to the proposal or proposer (including all affiliates, officers, directors, partners and employees). Any inquiries of a general nature applicable to all proposers will be directed to all proposers. Following submission of a bid, the proposer agrees to promptly deliver such further details, information and assurances, including, but not limited to, financial and disclosure data relating to the bid and/or the proposer (including the proposer's affiliates, officers, directors, partners and employees), as requested by the BBCRA. 9. Architectural and Design Considerations. The Project should incorporate quality architectural design and site development standards that enhance the downtown area and adjacent properties. Proposers should review the BBCRA Plan for Project development and design guidance. Proposals will be evaluated on their adherence and incorporation of architectural and design elements presented in the BBCRA Plan and the City of Boynton Beach Land Development Regulations. 10. Required Elements of Proposals. Proposals must contain all of the following documents and information in order to be deemed complete. Proposals not deemed complete may be rejected. a. Provide a general written statement describing the qualifications and background of the proposer. b. Provide a certificate of good standing from the Secretary of State of Florida and the state in which the corporation is headquartered, if not Florida. c. Provide a copy of the commercial lease agreement, if applicable, or proof of property ownership at the location the proposer is currently licensed to do business. If the 01034473-4 101034473-4} Page 3 of 24 i Proposal is submitted by more than one entity, each entity much provide the requested information separately. d. Provide a list of key personnel that will be directly involved in proposed Project's development or management team, along with their professional qualifications and a list of similar projects on which they have actively participated. Provide no less than three and no more than ten related projects for this item. e. Provide a written list of similar mixed-use projects developed by the proposer that were completed within the last three (3) years, including photographs, addresses, dates the projects were completed, and general project description. Provide no less than two and no more than ten projects for this item. If the Proposal is submitted by more than one entity,each entity must provide the information requested separately. f. Provide a detailed description of the proposed Project, with text and graphics. This should include but not limited to a schematic site layout plan; proposed density, intensity, and height; parking locations; a breakdown of the proposed total number of residential units and unit types, including number of bedrooms and bathrooms, and square footage for each unit type and conceptual elevations, as well as the items listed in Paragraph 9, "Architectural and Design Considerations," and Paragraph 10, "Requirements for the Proposed Project," of this RFP/RFQ document. g. Provide a proposed breakdown of all project pre-development costs, construction development costs and post development sales pro forma. The pro forma shall include a section that clearly identifies all of the proposed funding sources to pay for the project and all of the identified costs of the Project including those of property acquisition from the BBCRA. Within the list of funding sources, provide the dollar amount of any proposer equity and investment contributed to the proposed Project. Include a breakdown of any proposed funding assistance being requested of the BBCRA, if applicable, and how those funds will be used when combined with other funding sources. h. If the Project is proposed to use funding subsidies from the BBCRA other qualified entities, proposer must provide a list of those entities and demonstrate experience with obtaining such project-based subsidies for workforce housing by listing projects and the amount and type of subsidy utilized. i. Provide a description of how the proposer will make attempts to utilize local qualified contractors, and sub-contractors as part of the completion of the proposed Project. Documentation of this effort will be required as part of the project monitoring. j. Provide proof of financial capability to complete the proposed Project. Financial capability may be demonstrated by submitting a current (audited, if available) financial statement of the proposing entity which includes a balance sheet, a three- year statement of past income, and a projected one-year income statement for the current fiscal year for the proposer (and its parent entity if proposer is a subsidiary). Tax returns may be substituted for financial statements. 01034473-4 101034473-4} Page 4 of 24 i When possible, the proposer should also submit third party evidence of the ability to secure financing such as a preliminary financing commitment letter or letter of interest from a lending institution or other primary source of investment financing. A firm financing commitment from a lending institution or other source of investment financing may be required prior to the closing of the sale of the Project property, or as otherwise stipulated in negotiated agreements between the successful proposer and the BBCRA. Information regarding any legal or administrative actions, past or pending, that might impact the capacity of the proposer (or its principals or affiliates) to complete the Project must be disclosed. Disclosure of any bankruptcies by any of the above or related entities during the past ten years must be made with the RFP/RFQ. Financial information should be submitted in a separate, sealed envelope or package and marked 'confidential.' Financial information will be accepted only from the Proposer as part of the submission packet and not those submitted directly to the BBCRA by an outside entity or institution. k. A signed written statement of intent to purchase the Project property indicating the proposed purchase price along with a statement of willingness to execute a Purchase and Development Agreement within 90 days of selection if selected. Any Purchase and Development Agreement ("Agreement") will contain performance-based criteria and milestone timelines for items such as, securing debt funding, formal site plan application, commencement of construction, limitations on transferability or assignability of the Agreement without prior approval from the BBCRA, termination provisions for failure to meet the criteria listed and other provisions to adequately define the rights, duties and obligations of the parties. The Agreement may also contain a reverter clause. I. Provide authorization to Perform Credit Check for each proposer or Business entity. The Authorization must be executed by the appropriate officer of proposer entity(see Attachment "E & E.1." Disclosure and Authorization to Perform Credit Check forms). m. A list of all civil and criminal legal actions in which each proposer entity(and its parent entity if it is a subsidiary) is currently a named party or was a named party in the past four (4) years, providing the case number, case description, the state of jurisdiction, and disposition (or status) of each case. Proposer(s) may include any additional relevant information. If there are no legal actions to disclose, provide a written statement attesting to this fact. n. Provide a PowerPoint presentation of the proposal, consisting of no more than 15 slides. o. All other requirements contained in this RFP/RFQ, including all attachments that request a proposal or information from the Proposer. p. An acknowledgement letter attesting that the proposer has read and understands all procedures and requirements of this RFP/RFQ(see Attachment "D"). 01034473-4 101034473-4} Page 5 of 24 i 11. Submittal Package Requirements. a. Location and Deadline. Proposals must be received by the BBCRA at 100 East Ocean Avenue,4t" Floor, Boynton Beach, FL 33435 on or before September 21, 2021, no later than 2:00 p.m. Eastern Standard Time (the Deadline), as determined by the time stamp or clock at the BBCRA's reception area. Proposals received after the date and time set forth above will NOT BE ACCEPTED FOR CONSIDERATION. Proposers may withdraw submitted proposals and resubmit at any time prior to the Deadline. b. Form and Number of Copies. Proposals must be delivered in a sealed box or envelope. Faxed and emailed proposals will not be accepted. In total, one (1) bound original proposal document must be submitted with a title page listing the name of the RFP/RFQ and the submitting proposer along with one (1) unbound but clipped copy of the proposal and one (1) digital copy of the complete proposal in PDF format on a labeled CD/DVD or thumb drive. Proposals shall be clearly marked on the outside of the envelope or delivery box container as follows: Request for Proposals and Developer Qualifications for the 115 N. Federal Highway Infill Mixed-Use Redevelopment Proiect Boynton Beach Community Redevelopment Area City of Boynton Beach, Florida Issue Date: June 18, 2021 Submittal Deadline: September 21, 2021, no later than 2:00 p.m. c. Completeness. All proposals must be complete upon submittal to the BBCRA. d. Signature.The proposal,and any documents submitted with the proposal that require a signature, must be signed by an individual authorized by proposer to legally bind and represent proposer. e. Failure to Meet Submittal Requirements. The failure to meet the Deadline, submit a proposal that complies with the form and number of copies requirements, or submit a complete proposal may result in the proposal being rejected and returned at the sole discretion of the BBCRA. f. Proposal validity. Proposals shall remain valid and binding on proposers for 180 days after the submittal date. 12. RFP/RFQ Documents Provided. The following planning and site documents may be obtained from the BBCRA office or htt s: wwwobo ntonbeachcraocom business-develo ment rf s-rf s-itbs Property survey (provided as Attachment B) Phase I and/or Phase II Environmental Report Property Appraisal 01034473-4 101034473-4} Page 6 of 24 i 2016 Boynton Beach Community Redevelopment Plan In addition, all proposers are encouraged to walk the area surrounding the Project location and it will be assumed that each proposer has performed all necessary inspections on the property. 13. RFP/RFQ Proposal Evaluation and Selection Process. The BBCRA staff shall review each proposal and provide a determination to the BBCRA Board as to whether or not each proposal meets the minimum submission requirements for review, including whether the proposal is complete, and whether it fully complies with the terms and conditions outlined in this RFP/RFQ. A proposer's failure to provide a substantially complete RFP/RFQ response submission may result in the submission not being evaluated. The BBCRA Board or designated staff may request clarification of submitted information from any Proposer. The confidentiality of proprietary information from competing Proposers shall be maintained to the extent permitted by law. In addition to meeting the minimum requirements of this RFP/RFQ as described in Paragraph 10, each proposal will be evaluated based on the ability of the Proposal to incorporate the following design and development criteria, which are listed below: a. Creation of a mixed-use development project providing retail, office, grocery, and residential uses (including workforce housing if applicable); b. Incorporation of public spaces and plazas, publicly accessible WiFi, enhanced green elements into the proposed design including the preservation and enhancement of the City of Boynton's Dewey Park (see Attachment A); c. Providing the opportunity and design consideration for the CRA to fund the construction of approximately one hundred fifty (150) public parking spaces over and above the amount of parking spaces required for the development itself; d. Incorporation of multimodal accommodations and amenities into the Project's design, such as but not limited to shared bicycle, "last mile" vehicle stops such as Uber or Lyft, commuter bus stops and a future commuter rail stop located on the Federal East Coast Railway property on NE 4t" Street (see Attachment A); e. Consideration of exterior design and lighting enhancements of proposed parking garage structures to ensure compatibility with the surrounding area; f. Consideration and incorporation of adjacent properties into the overall project by providing evidence of site control or contractual commitment; g. Providing executed forms verifying that the Proposer has met with City of Boynton Beach Planning and Development Department staff to review the Land Development Regulation requirements applicable to the Project being proposed; h. Experience in completing comparable development projects within markets similar to the project area as the proposing team; i. Proposer's financial terms, purchase price, development and operating proforma; j. Proposer's financial capacity to complete the proposed project; and, 01034473-4 101034473-4} Page 7 of 24 i k. Proposed plan or program (including monitoring mechanisms and apprenticeship) to use local contractors, sub-contractors, and laborers in the Project. After the BBCRA staff reviews the proposals for completeness and evaluates the proposals based on the criteria above, the BBCRA staff will present the results of the review and evaluation process to the CRA Advisory Board and BBCRA Board at a public meeting. The Proposers may be asked to present their Proposals and their PowerPoint slide presentations before the BBCRA Advisory Board and CRA Board at their regular scheduled meetings in the City Commission Chambers at City Hall located at 100 E. Ocean Avenue. The BBCRA Advisory Board acts as a recommendation body to the BBCRA Board. The BBCRA Board will then consider all proposals that meet the minimum submission requirements for review, BBCRA staff review, the BBCRA Advisory Board recommendation, and/or any other relevant data in the selection of the successful Proposer. At the conclusion of the public presentations, a Proposer may be selected by the BBCRA Board. However, the BBCRA Board is under no obligation to select a Proposer regardless of their ranking, and can, at its sole discretion, opt to terminate the RFP/RFQ process or continue the process to a subsequent meeting. The existence of a contractual relationship between a Proposer and the BBCRA is contingent upon successful negotiations between the BBCRA and a selected proposer, and execution of an agreement by both parties. Therefore, upon selection of a successful proposer, the BBCRA and the successful proposer will then enter into negotiations for a Purchase and Development Agreement that will contain terms substantially similar to those contained in the successful proposal and this RFP/RFQ. i. Any Purchase and Development Agreement must be in a form approved by the BBCRA Board and BBCRA legal counsel. ii. If the BBCRA and the successful proposer are not able to agree upon a Purchase and Development Agreement satisfactory to both parties within ninety (90) days of the selection of the successful Proposer, Proposer shall have the right to terminate the negotiations. The BBCRA may terminate negotiations at any time for any reason. iii. If the BBCRA sends an agreed-upon Purchase and Development Agreement, or sends a Purchase and Development Agreement with a communication that informs the proposer that the agreement constitutes the BBCRA's final offer, and Proposer fails to return an executed copy of the provided Purchase and Development Agreement within 30 days of receipt of such agreement from the BBCRA, the negotiations are deemed terminated unless the BBCRA explicitly extends the deadline in writing. 01034473-4 101034473-4} Page 8 of 24 i iv. The BBCRA may withdraw its offer of agreement, including a final offer, at any time prior to acceptance of such agreement. Upon termination of negotiations or withdrawal of offer of agreement, the BBCRA may move forward as it deems appropriate, which may include entering into negotiations with another Proposer, re-advertising the RFP/RFQ, electing to terminate the RFP/RFQ process, or any other action it deems to be in the best interest of the BBCRA. Any transfer of the property from the BBCRA to a proposer for less than market value will be subject to approval of the City of Boynton Beach City Commission. 14. Tentative Schedule. The following tentative schedule is anticipated for actions related to this RFP/RFQ. All dates, times, and locations are subject to change. All changes will be posted to the BBCRA's website at wwwoboyntonbeachcra.com. Issue Date of RFP/RFQ: June 18, 2021 Voluntary Pre-Submission Meeting July 15, 2021 Question/Request for Clarification Deadline: September 2, 2021 Submittal Deadline: September 21, 2021 Presentation to Advisory Board: November 4, 2021 Presentation to BBCRA Board: November 9, 2021 Purchase and Development Agreement: February 8, 2022 (Note: The dates offered above are subject to change — registered interested parties will be notified by email of changes, if any.) 15. Contact and Questions a. Contact Information. All correspondence, questions, and requests for clarifications related to this RFP/RFQ must be directed to the person designated as the procurement officer for this RFP/RFQ: Michael Simon, Executive Director Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue, 4t" Floor Boynton Beach, Florida 33435 Phone: (561) 600-9091 Fax: (561) 737-3258 Email: simonm@bbfl.us b. Form of Contact; Answers in the Form of Addenda. All correspondence, questions, requests must be submitted in writing via email to the person identified above and may be submitted at any time but no later than August 31, 2021. All answers to questions, clarifications, and interpretations will be issued in the form of addenda, 01034473-4 101034473-4} Page 9 of 24 i which become part of this RFP/RFQ. The proposer must acknowledge receipt of each addenda by completing the Addenda Acknowledgement Form and including it with the submitted Proposal (see Attachment "H"). It is the responsibility of all proposers to obtain, review and respond to any and all addenda issued. Oral explanations, information, and instructions shall not be considered binding on the BBCRA. All proposers are encouraged to independently verify the accuracy of any information provided. Neither the BBCRA nor any of its agents or employees shall be responsible for the accuracy of any oral information provided to any proposer, or to any assumptions made by proposer. Written responses to all written questions submitted shall be maintained by the BBCRA in the RFP/RFQ file. c. Limitations on Communications; Cone of Silence; No Lobbying. Proposer or persons acting on proposer's behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the BBCRA posting the notice of intended award (excluding Saturdays, Sundays, and state holidays), any employee, officer, or board member of the BBCRA concerning any aspect of this RFP/RFQ except in writing to the procurement officer or as provided in the RFP/RFP documents. Violation of this provision may be grounds for rejecting a response. Further,during the same time period, proposer or persons acting on proposer's behalf may not contact any BBCRA Advisory Board Member, or any other person working on behalf of the BBCRA on any matter related to this RFP/RFQ. Communication prohibited by this RFP/RFQ, or by any other state, federal, or local law or regulation, may cause an individual or firm to be disqualified immediately from participating in the proposal or selection process. Any violation of this condition may result in rejection and/or disqualification of the proposer's proposal. For purposes of this section, persons acting on proposer's behalf shall include, but not be limited to, the proposer's employees, partners, attorneys, officers, directors, consultants, lobbyists, or any actual or potential subcontractor or consultant of the proposer.This "Cone of Silence/No Lobbying" is in effect from the date of publication of the RFP/RFQ and shall terminate at 1)the time the BBCRA Board selects a proposer, rejects all proposals, or otherwise act which ends the solicitation process; or 2) at the end of the 72-hour period following the BBCRA posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, whichever is later. 16. Disclosure and Disclaimer. Proposer understands and acknowledges that to the extent permitted by law, the BBCRA retains all rights, at its sole and absolute discretion, to: a. Withdraw this RFP/RFQ at anytime; b. Modify the schedule associated with this RFP/RFQ; 01034473-4 101034473-4} Page 10 of 24 i c. Issue addenda to this RFP/RFQ; d. Request additional information, clarifications, or assurances from one or more proposers or prospective proposers; e. Reject any and all proposals; f. Refrain from awarding an agreement as a result of this RFP/RFQ; g. Verify the accuracy of any information provided; h. Accept proposals that deviate from this RFP/RFQ; i. Disqualify or reject proposals that are incomplete, untimely, or unclear; j. Re-advertise this RFP/RFQ and accept new proposals; k. Obtain economic feasibility studies or third party evaluations with regard to any part of any proposal; I. Evaluate the proposals through any process that complies with the BBCRA Procurement Policy, this RFP/RFQ, and applicable Florida Statutes, m. Select the one or more successful proposals or proposers it deems will be in the best interests of the BBCRA, regardless of which proposal appears to offer the best monetary value to the BBCRA; n. Waive any required element or condition found in this RFP/RFQ for all proposals or for a specific proposal; o. Waive any formalities associated with this RFP/RFQ; p. Negotiate agreements, abandon or withdraw from negotiations, approve agreements, and take other similar actions as a result of this RFP/RFQ. Any proposer who submits a proposal in response to this RFP/RFQ fully acknowledges all the provisions of this disclosure and disclaimer and agrees to be bound by the terms hereof. In the event of any differences between this disclosure and disclaimer and the balance of the RFP/RFQ, the provisions of this disclosure and disclaimer shall govern. If proposer fails to fully comply with all requirements of this RFP/RFQ, proposer or proposer's proposal may be disqualified. 17. Protests. The Bid Protest Policy is available upon request. Submittal of a proposal in response to this RFP/RFQ constitutes acceptance of this policy. 18. Non-Discrimination. The selected proposer, on behalf of itself, its successors and its assigns, agrees that no person shall, on the ground of race, color, disability, national origin, religion, age, familial status, sex, or sexual orientation, be subjected to discrimination in any way that is associated with the RFP/RFQ the BBCRA, the proposal, any agreement resulting from this RFP/RFQ or the Project. 19. Permits, Taxes, Licenses and Laws. The successful proposer will be required to pay for and/or obtain, at its own expense, all permits, licenses, fees, and taxes required, and to comply with all federal, state, and local laws, ordinances, rules, and regulations applicable to responding to this RFP/RFQ and carrying out the Project. 01034473-4 101034473-4} Page 11 of 24 i 20. Sensitive and Proprietary Information. The BBCRA will maintain the confidentiality of sensitive and proprietary information to the extent permitted by law. The BBCRA will consider all other information, documentation and other materials submitted in response to this ITB to be of non-confidential and or non-proprietary nature and therefore subject to public disclosure under Chapter 119 of the Florida State Statutes. 21. Public Records. The BBCRA is public agency subject to Chapter 119, Florida Statutes.The successful proposer shall comply with Florida's Public Records Law. Specifically, the successful proposer shall: a. Keep and maintain public records that ordinarily and necessarily would be required by the BBCRA in order to perform the service; b. Provide the public with access to such public records on the same terms and conditions that the BBCRA would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; c. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and d. Meet all requirements for retaining public records and transfer to the BBCRA, at no cost, all public records in possession of the Proposer upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the BBCRA in a format that is compatible with the information technology systems of the BBCRA. IF PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO PROPOSER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS RFP/RFQ, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561)737-3256; 710 North Federal Highway, Boynton Beach, Florida 33435, SimonM@bbfl.us. 22. Public Entity Crimes Statement. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. In order to qualify for consideration under this RFP/RFQ, proposer must complete and attach Attachment "I" Public Entity Crimes Statement 23. Drug Free Workplace Certification Preference shall be given to proposer(s) with drug free work programs, under the standards described in Section 287.087, Florida Statutes. Whenever two (2) or more proposals that are 01034473-4 101034473-4} Page 12 of 24 i equal with respect to price, quality and service are received by the BBCRA or by any political subdivision for the procurement of commodities or contractual services, a proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to receive such preference, the proposer shall complete and submit with its proposal the attached certification, Attachment "J" Drug Free Workplace Certification. 24. E-Verify. In any agreement resulting from this RFP/RFQ, the Proposer will be required to warrant,for itself and its subcontractors, compliance with all federal immigration laws and regulations that relate to their employees. Proposer agrees and acknowledges that the BBCRA is a public employer that is subject to the E-verify requirements as set forth in Section 448.095, Florida Statutes, and that the provisions of F.S. Sec. 448.095 will apply to such an agreement. END OF MAIN DOCUMENT PROCEED TO ATTACHMENTS 01034473-4 101034473-4} Page 13 of 24 i List of Attachments: A. Aerial Map/Parcel Map B. Survey C. Proposer Information D. Acknowledgement Letter E. 1. Authorization to Perform a Credit Check (personal) 2. Authorization to Perform a Credit Check (business entity) F. Proposed Project Funding Uses and Sources Information G. Authorization for Release of Information H. Addenda Acknowledgement I. Public Entity Crimes Statement J. Drug Free Workplace Certification K. Certification of Non-Scrutinized Entity L. 01034473-4 101034473-4} Page 14 of 24 i ATTACHMENT "C" PROPOSER(S) INFORMATION Name: Street Address: Mailing Address (if different): City, State, Zip: Telephone No. : Fax No: Email Address of Contact Person: Ownership Status - Is the company currently for sale or involved in any transaction to expand or to be acquired by another business entity? If yes, please explain the impact to the organization and management efforts. Age of Organization — In continuous business since: Leadership - List Corporate Officers, Principals, Partners or owners of your Organization with titles and addresses. If a publicly held company, list Chairman of the Board, CEO, and President: Federal Identification No.: State of Incorporation & Registration No.: If not a corporation, explain your status: 01034473-4 101034473-4} Page 15 of 24 i ATTACHMENT "D" ACKNOWLEDGMENT LETTER PROPOSER(S) SHALL INCORPORATE THIS ACKNOWLEDGEMENT LETTER IN THEIR SUBMITTAL PACKAGE ***************************************************************************** Re: Boynton Beach Community Redevelopment Agency Request for Proposal/Request for Qualifications (RFP/RFQ) dated June 18, 2021 115 N. Federal Highway Infill Mixed-Use Redevelopment Project To Whom It May Concern: The undersigned has read the Boynton Beach BBCRA(BBCRA) Request for Proposal/Request for Qualifications (RFP/RFQ) for the 115 N. Federal Highway Infill Mixed-Use Redevelopment Proiect, dated June 18, 2021. On behalf of proposer identified below and our proposal team, we agree to and accept the terms, specific limitations, and conditions expressed therein. We have read, rely upon, acknowledge and accept the BBCRA's disclosure and disclaimer, which is fully incorporated by reference into this letter, and certify that all of the requirements as described in the RFP/RFQ are met and all required documents are enclosed. We further certify that all information presented in this proposal, and all of the information furnished in support of the proposal, is true and complete to the best of our knowledge and belief, and we are aware of the fact that making false statements or presenting false information that results in an Agreement may be penalized to the maximum extent allowed by law. Sincerely, Name of Proposer Print Name and Title Authorized Signature Date 01034473-4 101034473-4} Page 16 of 24 i ATTACHMENT "E" DISCLOSURE AND AUTHORIZATION TO PERFORM CREDIT CHECK An authorization to Perform Credit Check will need to be completed by each Principal/Owner. For Principal/Owner: (Please use a separate form for each principal/owner) As Principal/Owner of Proposer, I (name) hereby affirm I have read the above disclosure, and consent to and authorize the Boynton Beach Community Redevelopment Agency's ("BBCRA") investigation into my credit worthiness. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of my credit worthiness on behalf of the BBCRA, including independent contractors and credit agencies retained by the BBCRA for such purpose. Any information provided to the BBCRA is a public record subject to the provisions of Ch. 119 F.S., and I may request a copy of any information provided to the BBCRA as part of the BBCRA's investigation into my credit worthiness. I grant such consent and authorization to the BBCRA for the period commencing as of the date of this authorization and terminating at the time a Proposal is selected by the BBCRA Board. I hereby waive any and all claims, past present or future, which I may have against the BBCRA by reason of any credit investigation made pursuant to my consent and authorization herein given to the BBCRA. Proposer Name: Principal/Owner Name: Date of Birth: Current Home Address: Previous Home Address: Email: Phone#: Signature: Date: Print Name: 01034473-4 101034473-4} Page 17 of 24 i ATTACHMENT "E.1." AUTHORIZATION TO PERFORM CREDIT CHECK For Proposer (Business Entity): The Proposer hereby consents to and authorizes the Boynton Beach Community Redevelopment Agency's ("BBCRA") investigation into the credit worthiness of the Proposer. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of the Proposer's credit worthiness on behalf of the BBCRA, including independent contractors and credit agencies retained by the BBCRA for such purpose. Any information provided to the BBCRA is a public record subject to the provisions of Ch. 119 F.S. Proposer grants such consent and authorization to the BBCRA for the period commencing as of the date of this authorization and terminating at the time a Proposal is selected by the BBCRA Board. This Proposer hereby waives any and all claims, past present or future, which the Proposer may have against the BBCRA by reason of any credit investigation made pursuant to Proposer's consent and authorization herein given to the BBCRA. An authorization to Perform Credit Check will need to be completed by each Principal/Owner and by the Business. Proposer (Business) Name (D/B/A if applicable): Current Business Address: Federal Tax ID# State of Incorporation: Phone#: Fax#: Authorized Signature: Date: Print Name: Title: 01034473-4 101034473-4} Page 18 of 24 i ATTACHMENT"F" PROPOSED PROJECT FUNDING USES AND SOURCES INFORMATION Project Uses and Sources Land Costs - Soft Costs - Construction Costs - Carrying Cost/Financing Costs - Marketing and Sales Costs - Permit and Impact Fee Costs - Developer Overhead and Profit - Total Project Cost - Capital Stack Proposer/Developer Equity $ - Outside Capital Investor Equity $ - Mortgage or Financed Amount $ - Amount of CRA contribution requested, if any $ - Other funding as identified $E- - Funding Total $ - 01034473-4 101034473-4} Page 19 of 24 i ATTACHMENT "G" AUTHORIZATION FOR RELEASE OF INFORMATION To whom it may concern: The undersigned hereby authorizes you to release to the Boynton Beach Community Redevelopment Agency(BBCRA)or the City of Boynton Beach any information in your possession regarding the undersigned either of a professional credit or personal nature including the statement of your opinions with regard to the undersigned's professional credit and personal character, or of the proposer identified below. The undersigned also authorizes you to release to the Boynton Beach Community Redevelopment Agency(BBCRA)or the City of Boynton Beach any information in your possession regarding the business identified as "Proposer" below. By: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH THE FOREGOING INSTRUMENT was acknowledged before me this day of 20_, by who is personally known to me or who has respectively produced as identification and did not take an oath. Notary Public: Print Name: Commission No: (Seal) My Commission Expires: 01034473-4 101034473-4} Page 20 of 24 i ATTACHMENT "H" ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to the The Boynton Beach Community Redevelopment Agency Request for Proposals and Developer Qualifications 115 N. Federal Highway Infill Mixed-Use Redevelopment Project By entering checking YES or NO in the space provided and indicating date received. No. 1 ❑ Yes ❑ No Date No. 2 ❑ Yes ❑ No Date No. 3 ❑ Yes ❑ No Date No. 4 ❑ Yes ❑ No Date No. 5 ❑ Yes ❑ No Date RFP/RFQ INFORMATION WAS OBTAINED FROM: ❑ BBCRA Website ❑ Newspaper Ad ❑ City Hall ❑ Other, please specify: Authorized Signature Print Name Title Date 01034473-4 101034473-4} Page 21 of 24 i ATTACHMENT"I" PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not: submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; submit a bid proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; submit bids, proposals, or replies on leases of real property to a public entity; be awarded or perform work as a contractor, supplier,subcontractor or consultant under a contract with any public entity;or transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months following the date of being placed on the convicted vendor list. As the person authorized to sign the Statement, I certify that Proposer has not been placed on the convicted vendor list within the past 36 months and complies fully with the above requirements. Proposer Name Authorized Signature Print Name Title Date 01034473-4 101034473-4} Page 22 of 24 i ATTACHMENT"J" CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM I certify that , the Proposer responding to this RFP/RFQ maintains a drug-free workplace program, and that the following conditions are met: (1) Proposer publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace; and specifying the actions that will be taken against employees for violations of such programs. (2) Proposer informs employees about the dangers of drug abuse in the workplace, the company's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Proposer gives each employee engaged in providing the commodities or contractual services included in this RFP a copy of the statement specified in Subsection (1). (4) In the statement specified in Subsection (1), Proposer notifies the employee that, as a condition of working in the commodities or contractual services covered under this RFP/RFQ, he/she will abide by the terms of the statement; and will notify the employer (Proposer) of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 893 or any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Proposer imposes a sanction on, or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is convicted. (6) Proposer makes a good faith effort to continue to maintain a drug-free workplace through implementation of this Section 287.087, Florida Statutes. As the person authorized to sign the statement, I certify that Proposer complies fully with the above requirements. Authorized Signature: Date Name &Title (typed) 01034473-4 101034473-4} Page 23 of 24 i ATTACHMENT"K" CERTIFICATION OF NON-SCRUTINIZED COMPANY , as Proposer, hereby certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a boycott of Israel. If the BBCRA determines that this certification is falsified or contains false statements, or that Proposer is placed Scrutinized Companies that Boycott Israel List or engages in a boycott of Israel after the submittal of the Proposal or the execution of any agreement arising out of this RFP/RFQ, the BBCRA may disqualify the Proposal and/or terminate the agreement. Proposer Name By: Authorized Representative of Proposer Date: STATE OF COUNTY OF SWORN TO and subscribed before me this _ day of , 20 , by . Such person (Notary Public must check applicable box): [ ] is personally known to me [ ] produced their current driver license [ ] produced as identification. (NOTARY PUBLIC SEAL) Notary Public (Printed, Typed or Stamped Name of Notary Public) 01034473-4 101034473-4} Page 24 of 24 Ae - = F NTON EACH community Redevelopment Plan r -'Now - 4M . a ,, tirr f is t � t « 1 f r � t to is d r ,' „ . J7 ,�•� r�r � � .� r i£,' r � r „i it l � � 1r11� � '�Y�i�'�{ t - ,£\ ja�� rrir, �,•t� ��r�,. - � --�,`' � ,(, S ),r,r��{r� s tatlraF�r4,;.r r trk4 a t{k,4�.;SfY�§, =,1�1 t,i` 3 Sr t�,,.. 3 { rt rr ori 1 }�r tlt � }1 r> r. r� t r.r ,S �� ,� A sl �� 3' � � i ✓i' ��1 RTA' 'r'S 5 �r»t s is{; ,,,1,t�s,�t t` t � _.}i rr,t,ir art ,.i�11:,, t`•,S t��l;;ot� t��tt�i ,y1 Sr r,,•.. ,`t#+ �1 r " ' r s1,{� 1MI�� { >{j,14 �'� �� } � � �3 tt � � �� am, > iI J � tlk t � x O'.vRon oll[ Apra- 4 �• , pi t,t ; tt„ > i t � pp Shy 9 �p$ 1 C t6s t { Ir t 80 D o. to D i t",,r,,� r r tn t o d u��' IIIon Planning C ` all . ng Planning Considerations T h Vision The Downtown District has been included in several planning efforts including the Federal Highway Corridor Plan, the Downtown Vision � r and Master Plan, and the original CRA plan adopted in 1984. It has long been the desire a' 'r of the City to reinvigorate the historic center I� of Boynton Beach. Some progress has been _ x made toward this goal with the development of the Casa Costa, Marina Village condominiums, ' and the soon to be completed 500 Ocean ' } mixed-use development. The CRA has invested in the redevelopment of the Boynton Harbor Marina to create a tourism � destination, preserve a working waterfront and support the boating community. The Agency � planned and constructed the Boynton Beach Promenade that extends from Federal Highway to the Intracoastal Waterway; the Promenade also connects to the City's Mangrove Walk Park �, {,}' �,, and the Marina. K � Eel.. The Downtown District is bound to the north by N.E. 7th Avenue, to the south by S.E. 12th Avenue, to the east by Federal Highway and the Intracoastal Waterway, and to the west by the FEC Railway. The District connects via Federal } i l Highway and S.E. 4th Street to the secondary �.' �! fst,` � development node at Woolbright and Federal Highway. Ym Y Figure 40: Downtown District Location Map Downtown Boynton Beach is easily accessed via I-95 and Boynton Beach Boulevard: the distance from I-95 to Federal Highway is less '`► than one mile. The City's beach at Oceanfront Park is only 1.7 miles from I-95 or, for residents of one of the new downtown developments, a quick walk over the Ocean Avenue Bridge. The Tri-Rail Coastal Link commuter rail station is planned for the downtown at N.E. 4th Street between Ocean Avenue and Boynton Beach Boulevard. This led the City to adopt the Downtown Transit Oriented Development District, allowing for a 25% density bonus within '/2 mile of the future station. 82 Ili ain'Jim, Ch—all le"n A second consideration is that the Downtown District is entirely enclosed within the Transportation Unlike Delray Beach or West Palm Beach, Boynton Concurrency Exception Area (TCEA) which, in Beach historically has only had a very small downtown addition to the residential exception area applicable area. It extended from just east of Federal Highway east of 1-95, exempts all development from the Palm to west of Federal Highway at Ocean Avenue. There Beach County traffic concurrency thus allowing have been very few commercial buildings that could denser development. be repurposed into restaurants and stores as Delray Beach has done. Consequently, the first CRA Plan The existence of both of these transportation- adopted in 1984 concentrated on the downtown oriented designations is a factor in considering where area (smaller than proposed in this plan) as a increased height and density will occur within the redevelopment priority. CRA district. The Downtown District's location in the Some of the planning challenges are: center of both the DTODD and the TCEA supports the highest density and height within this district. • Lack of developable parcels — assemblage is required • Property owners have unrealistic expectations of the value of their property � • Not pedestrian friendly No shade trees u- • No public parking areas and little on-street parking �``��<<,_` � • Lack of wayfinding signage • No design theme to create an identity Yp • Limited space on Ocean Avenue to locate retail and restaurant uses Several factors were considered in determining the land use designations for the Downtown District. First, the downtown will be the future site of the station for the planned Tri-Rail Coastal Link commuter service on the FEC Rail line, which will serve the South Florida metropolitan region. To improve land development patterns in advance of station development, the City adopted a Downtown Transit Oriented Development District (DTOD), covering a '/2 mile radius around the station's location. The DTOD district regulations support increased intensity of development through a 25% density bonus. Figure 41: Example of District Planning Challenges 8 84 VIIs on Downtown Boynton Beach will be where people live, work and play in an environment that provides bikeable and walkable access to the beach, restaurants, transit, parks and cultural experiences. There will be areas to gather and socialize. Entrepreneurs will open new restaurants and businesses creating financial benefits to the local economy. Attractive new buildings will provide housing for people of all ages and incomes, and accommodate new shops and restaurants. Streetscape enhancements are recommended for the Federal Highway corridor. The space for these enhancements may be obtained through either right-of-way dedications or public easements. The enhancements should include: • Create a Complete Street design for Federal Highway including the addition of: • On-street parking • Bike lanes • Enhance median with mature tree canopy (at time of planting) and landscape lighting • Marking of major intersections with materials such as pavers, paint, etc. • Create a Pedestrian Zone adjacent to the right-of-ways that is inviting, safe and includes: • Addition of canopy street trees • Minimum 8'wide clear sidewalk • Minimum 8'wide active use area abutting the building • Decorative light poles at both the vehicular and pedestrian scales • Enhanced street furniture, bus shelters, bike racks and receptacles • Active uses along the first floor of development • Canopy trees that provide immediate shading at time of construction • Bus shelters with unique design for the downtown district • Underground overhead utilities • Public art in key locations • Additional pedestrian crossings where needed • A greenway along SE 4th Street and Ocean Avenue connecting Pence Park and the Marina, per the Connectivity Plan • An eco-trail connecting the pedestrian zone to Mangrove Park, per the Connectivity Plan. 85 To attract new [8Sid8OtS and buSiO8SS8S' the area must p[8S8[t 2 unified vision for the future. Th8[8fO[8' it is recommended that the changes to the Future Land Use map be made using the new future land use/ zoning structure 2Sshown: Table 5: Recommended Futuro Land Use (FLU)Classifications within the Downtown District LAND USE DENSITY CORRESPONDING ZONING DENSITY MAX CAP* HEIGHT High Density 15 R-4 I PUD, PUD 15 45' Residential Mixed-Use 50 MU-2 40 65' Medium MU-3 50 75' Mixed-Use High 80 60 100, MU Core 80 150' General nia C-4 Commercial n,/a 45' Industrial n1a M-1 n/a 45' Recreation nJa Recreation Wa 45' Properties located within the TOD may recieve a 25%density bonus MU- High . 80 dulao; (Zoning MU-Core) Commercial uses required to front Federa�Hwy MU- Med . TOD Bonuses (height density) CommerciJal uses required to front Federal H"ry Suitding frontage required on SE 4101 StrL-et Max 4 stories on SE 411, street Figure 42: Cultural District Example Projects S£ a. V f �� 0 o e o i f� �s1 ite � amt I r i;b it i a1,t bob} � a�_ •I+�_ Y�, � r , u� 'a� "D) a'y�`�SAa ta1F1��. rr � WW Aoo I Ilk s14`4S}`1a�i157)fa�11�1 1}t�ttallirl� �IMW' i t Baa i! a a vi ii �i � a �11taj ILI t ro l��FF 14ai�t�� 'i11tVl��sI i b `,> i P El A��wk r �+ rmy,86—%Y axe¢Af.§6(a MmIN than ly Rg wtM�"x,"O.3 1 x ti,:[fes R d q;#.aa srr P#waapit"f w 4 E9 r6;a t 7t nc. �i n,1�o-#,Ns19lgAn€p'�' 111� i III Vd. ��b>E.�rtx a�2CsesFAr�.aa,ri�E4�iI<�I� '� _ 13 �� ` J li II LxI*9TI A)trna t 1 RA �y Figure 43: Recommended Land Use for the Downtown District 87 In O[dS[ to pnDnOOtS an @CdvS and vv@|k@b|S built SOvnDOnOS[d in the OOvvOtOvvO District, the fDUOvvO0 recommendations apply: ^ Active commercial uses shall berequired onthe street frontage ofOcean Ave.Automobile oriented uses, such aogas stations, car washes, and drive-thruo. are prohibited. ^ The build-to line shall accommodate a ten foot oidevva|k, mature shade trees /at inots||\. street lights and street furniture ^ Buildings fronting Federal Highway, Boynton Beach Boulevard and G.E. 4th Street shall have 0O-9O96window tOwall ratio OOthe first floor. ^ Approximately 75% of the lot frontage must be occupied by structure and adjacent to the pedestrian zOOS ^ Buildings fronting Boynton Beach Boulevard or Federal Highway shall have minimum height of 30' ^ Buildings fronting Boynton Beach Boulevard and/or Federal Highway shall be a maximum of 45' in height, any additional height permitted by the zoning districts must be stepped back proportionately to the Ov8[2|| height, 2 nOiOinOunO of 10' deep. ^ Parking shall be located tothe rear orside ofthe proparty. ^ Only when access is not possible from the rear orside shall curb outs be permitted on Boynton beach Blvd O[ Federal Highway. ^ All buildings along Federal Highway must have pedestrian access from the right-of-way/sidewalks. ^ The main pedestrian entry, or front door, must be fronting Federal Highway. ^ Where mixed use development is proposed adjacent residential areas, the residential areas shall be protected through the residential compatibility standards and the use of landscape buffers and/ or walls as appropriate. Staff will review architectural sb/|as and make recommendations regarding Architectural Guidelines that may enhance the character of the District. This process will include public input. At Figure 44: 8E4th St. Example Mixed Use Medium Project NN 88 � rix) ien¢gal," Cfi Ib 7 �, �u1� ,lili,Irl IF S ,l f, y,)11a� rk��511 _-w LC'''d'".L k1 1a r nisi"� �i er�ie�ra,. axyclapravi n l ParaItbl Pairkin f " viir4 GSLycie Pas Md"Ir 1P1€vd l'f�§i4{'i ' Parallc[Parking On slte Parking Pedesl,riapi Zone Parallel Pat#ing iC4l PYkI 4 ' Figure 45: SE 4th St. Design Diagram 89 g � _ r t� N l i 1 �vi ,3 f 6�lt li��+��}�{��lirf ti 4}r I��t�'trts�j��s , sh ros i IAI rt. r rt!7 ££ ,,,a JR ) t!£; t £ r l T' t� }} Y i ®' " Ott'ay h '}y� `� '" ON ...IT y AW t�� { " ra 4" ISA ! `i p {{ w g n a r 1. t s Figure 46: Example of Mixed Use High Project in the Downtown District 90 4� � k,`� { I ! { t u 4. s Be V i{ I g k m y ) ' ry FIs ^I' � � W' Yr ` Adutl ' a I � l A�T ��'� `i�� _ LL�'� Fy`�"}�1+�' est ey •y-lkN {�r2L 4-4 Figure 47: Downtown District Master Plan 91 I i'r Y � r t a fu "t i I ; swom «_ IMP k' 16, 1 i � I q f i _ r s 1 �WI JS�� 7 � lk t i4 � 1 nn l i s, ; } ss�l ��! i �Vti lslSt 1i\ � �� i'r f��il��t t��'t;•3 r��{}��flS SQ��r,�,i'stst'S�J�il�Ait�iSi}s�i��is sls! is Ss 'q rI � s G IUy s� tt��s siy� 7rls lsi li�ttS 4 t(jt f{ (t1 �Jt I�#�1i1 4}i�� 92 2020 CRA COMMENT LOG for 115 N. FEDERAL HWY Date: Method of Comment: Name: 8/25/2020 Email Paul Kirchoff 9/6/2020 Email Kim Kelly 9/6/2020 Email Susan Oyer 9/8/2020 Email Paul Kirchoff 10/13/2020 Email Susan Oyer 11/4/2020 Email Brian Benninghoff 11/10/2020 Email Eleanor Essery 11/10/2020 Email James Kosluk 11/20/2020 Email Mary Chaundy Pan-iela Wohler, dn-,iinistrati °e Assistant City Manager's Office e - Mailing Address: P.O. Box 310 Boynton Beath, Florida 3425 PhysicalAddress: 100 E. Ocean Ave. I Boynton Beach, Florida 3435 kr, 561-742-6015 IJP Wohler,P@bbfl.us boynton-beach.org/ 1111�0 iI c?7';i 011 it E 93 9 13 CITY OF DOYNTON SFACi9 Please be advised that Florida has a goad public records law and all correspondence to n-ie via enIail n-,Iay be subject to disclosure.Under, Florida records law, en-sail addresses are public records.Therefore, your,e-n-iail on-in-mni ation ars your,e-n-iail address n-,iay be subject to public disclosure. From: Paul Kirchhoff<pirch @ bellso th.net> Sent:Tuesday, August 25, 2020 12:20 PM To: Romelus, Christina <Romel sC bbfl. s>; Hay, Woodrow L. <HayW bbfl. s>; Katz,Justin <KatzJr bbfl. s>; 2enser at bbl. s;grar t bbfl. s; Grant, Steven <GrantS bbfl. s> Subject: Development possibility So, let me get this straight... A developer wants to make a bet on downtown that will bring in 500 new residents, bring in millions in property taxes AND get our 3 million back that we horrifically overpaid for the church building, And you are considering scrapping the idea because Hurricane Alley needs parking? I am as big a fan of Hurricane Alley than anyone, but they have street parking and parking next to the tracks. Can't we just carve out a dozen or so spaces for them in the proposed garage and be done with it? HOW LONG will we have to wait to finally get a viable downtown? I am afraid I'll be dead and buried before I see it. I share Steven Grant's desire for a train station, but the "Coastal Link' is a decade or more away. Is there some way you could craft a plan that calls for an option on a piece of the development for that station should that rail project ever come to fruition? The downtown Master plan depicts a train station right across the street from the French restaurant. This is currently used as an FEC railroad spur. The fact that we have a very visible parcel of land in our downtown that is used for stacking railroad ties and track maintenance vehicles is outrageous. Can we perhaps use the 3 million from the sale to buy FEC out for use for parking and/or a future train station? Or use it to buy other land in Boynton that they could use for the spur? We are really not going to have a beautiful downtown unless that goes away. Count me in as strongly SUPPORTING the mixed use development at the site of the old church and parking lot. It is EXACTLY the kind of development that downtown needs. Paul Kirchhoff Downtown resident since 2005 2 "SEPARATOR PAGE" CONTINUE TO NEXT COMMENT B TO aaMBEACK , A America's Gateway to the Gulfstream Please be advised that Florida has a goad public records law and all correspondence to nie via email n-,Iay be subject to disclosure.Un er, Florida records law, en-iail addresses are public records.Therefore, your,e-n-iail on-in-wni ation and our,e-n-iail address n-,iay be subject to public disclosure. From: Kim Kelly<harleycabo@gmail.com> Sent: Sunday, September 6, 2020 1:36 PM To: LaVerriere, Lori <LaVerriereL flus>; Simon, Michael <Sion flus>; Grant, Steven <GrantS flus>; Hay, Woodrow L. < ay fl.us>; Katz,Justin <KatZJr flus>; Penserga,Ty<PenseraT flus>; Romelus, Christina < oelusC@bbfl.us> Subject: 115 N Fed Hwy Please see attached as I would like to add this to the proposal for development at 115 N Fed Hwy Boynton Beach, Florida 33435 to be considered at the Sept 8th Board Meeting Kim Kelly 529 E Ocean Ave Boynton Beach FI 33435 561 364 4008 "! 561 364 4083 office 3 r '>£ = - 1' t1' _ ,\tt+. ri'• i tt t r �-rr> t i,. ,i,,r# r t :,it ;;. r£'' £ t' r k '�>ak k �, �fy -�\ ,i,r i \ j t}J �. { c t, ,,,,f: r sr x 11ij1`•;-.t) } t 3 tst \£s,ia4i1j5tt 1�t� � r q} U �,t t i ftt t t 1i Z .t' t v t , s,lldjs{srts2 1�+ s 1�MH 'along 1 �l sa�vt U �tsii tt i(}slri It'.. ,r„x'i}v {#�� 7, ,t5 '1. as _- f j1t}fists � G � .r ` s t st It try�st r tt}s= Gs Y 'li a ,:,I• - ,tt '`r 1st ,lyjil 1}V1}tt} ,,1 1 f,i,)tr,}�t ,t, Y( 1 .�)1tt�lltrt,}>�d( „It;r.k,i t4+ xt,,,,, l �, 1y q t i,?s, i I S ; t= t z tr\1 s£I ,, t a 11�, � Y , 1r t t ,{I qts t`t tt , sq�,, S 3} ; I, ts? ,il }4:'i�,t '1„ .I {tt}Ay {; } v,.r�(+ z 41\r Y - _ _ }, !t i ::3 711 t :li 1� ra�ay*.. - + It,r it}Sr,• q, ,151 Syr{ t.},j+s� _ ,r t, _ - - - � t 2�}tSl(Sra rt.rlrr,to ,v�ll,t1Ar+ 5.,tt ,its, S Yi? OIL •� ��ria,t„ ��}ja ti at t Uao ri. '� - tS' S - t lite jt t� 7 t r�rsllttS4t tf t* Sao tt Its sty }st tll I +41�tiUl t,s�zj})s1 t{�;+ it{tt,.} ff (lE � r}x fS's�ij�h�y� t r )r t ;t si fit r�9 v tt+ME,`} \ : Vl Ir 1 s r ii) i}l a t , 1 137r 11�t ,vr;S rt t � r Ile i1 `=,1'r jrr: t s l• icy ' SUiil,tt�jl ri tis}sst tt{� j/{` v •-;fry 1�rr,; is....(> t t+11Si,A _--- "SEPARATOR PAGE" CONTINUE TO NEXT COMMENT Nicklien, Bonnie From: Simon, Michael Sent: Tuesday, September 08, 2020 9:39 AM To: Shutt, Thuy; Utterback,Theresa; Nicklien, Bonnie Subject: FW: 115 N Federal Hwy project Attachments: satellite parking pic--edit--marked up--152jpg For our 115 N. Fed. Hwy. Public Comment Attachment, please see the email below and attached image. Michael Sin-,ion,n, FR A-R A, CP3P, EI E3 Executive Director Boynton Beach Con'imiunit I ede °elr:pn—,ient Agency 100 E. Ocean Ave. Boynton Beach, Florida 33435 561-600-9091 lax, 561-737-3258 nn j Sin-,ionM@bbfl.us http://www.boyntonbeachcra.com El 91 BOYN T /SII/�� ,C R America's Gateway to the Gulfstream Please be advised that Florida has a goad public records law and all correspondence to mie via enIail n-,Iay be subject to disclosure.Under, Florida records law, en-,,ail addresses are public records.Therefore, your,e-n-,,ail on-imiuni ation and your,e-niail address n-,iay be subject to public disclosure. From: Susan Oyer<susanoyer@gmail.com> Sent: Sunday, September 6, 2020 5:26 PM To: Grant, Steven<GrantS@bbfl.us>; Penserga, Ty <PensergaT@bbfl.us>; Hay, Woodrow L. <HayW@bbfl.us>; Katz, Justin <KatzJr@bbfl.us>; Romelus, Christina<RomelusC@bbfl.us>; LaVerriere, Lori <LaVerriereL@bbfl.us>; Simon, Michael <SimonM@bbfl.us> Cc: Kim Kelly <kimalley529@ comcast.net>; Kim Kelly <harleycabo@gmail.com> Subject: 115 N Federal Hwy project Dear Mayor,Vice Mayor, Commissioners, City Manager, and CRA Director: 1 I am writing to you all today to encourage you to NOT approve the project for the 115 N Federal Hwy/church property you received in August by Bill Morris and his partners. As a longtime resident of Boynton Beach, and taxpayer, I encourage you to listen to the people and build a project we can all be proud of, that will match the character of our city, and will incorporate its surrounding neighbors. We have an amazing city that sits closer to the Gulftstream than any other city in North America; we have insanely great fishing; we have our share of The Everglades; we have affordable shopping in our all and designer shopping a short drive away in Palm Beach and Boca Raton; we have "location, location, location" being the midpoint between West Palm Beach and Boca Raton; we offer our residents more family-friendly and fun events than any other city in our county; we are one of the oldest cities in the county with a unique history; and so much more. People want to live in our beautiful, historic city that sits next to the water. But we needs art growth! Below you will find not only my criticism of the project that was presented, but also suggestions to improve it and make it acceptable to the residents. Much of this was covered in my facebook posting to most of you in the last week. First, 8 stories--seriously?! I and the other residents of this city have repeatedly told you we do not want buildings taller than 4 stories in our city. I understand the need for nodes, but that doesn't mean I or other residents want the or feel that they are in keeping with the character of our city. The other residents that have repeatedly stood up and fought against unsightly, out of architectural character, non-compatible buildings should not be ignored either. Countless residents speaking to this on Facebook today, Sunday 9/6. Smart development means doing what is right, and a 4 story maximum is what is right. How does 8 stories with a modern look fit into the character of this part of the city? No compatibility with other buildings sitting on the blocks. The architecture doesn't complement existing mid-century or 192o's architecture. What is the plan for incorporating the surrounding buildings into this development so it looks cohesive? Second, parking! According to the study the commission received about 4 years ago, the downtown was about 1,200 spaces UNDER parked. Harry Woodworth's motto, "don't build it if you can't park it" should be at the forefront of all your decisions. The spaces this new project proposes doesn't touch the approximately 152 we are losing. I'm attaching my parking space count from 2 Sunday's ago. Remember, Hurricane Alley has approximately 50 staff(luckily any walk or get a ride to work), Oyer Insurance has approximately 25 employees, the offices at 533 E Ocean has a dozen employees with the 4 businesses, and there are 5 apartments with tenants. The 515-517 where Fashion Shoes used to be is currently being renovated back to its original 6 units with multiple tenants who will need parking for the employees. And all these businesses bring in customers, but none more than Hurricane Alley--easily one of the busiest restaurants in our city. Add on parking needs from Ace Hardware, Boardwalk Ice Cream, and the convenience store on Ocean and Federal during busy times. See the next point for my solution. Third, we need parking &purchased homes, we don't need more apartments. A study released in the last 2 or so years shows that Boynton Beach is over-saturated with apartments. We need homes that people can afford to buy, but realistically, this area would be best served with townhomes at full market value. I hope you saw my facebook post with the picture (attached) describing my ideas. A setback from my family's Ocean Avenue buildings; and compatible architecture with our buildings and Ace Hardware and the other peripheral buildings. My thoughts: build townhomes around the periphery of the project; in the middle, build a 4 story parking garage with amenities for the residents on top: pool, gym, sun deck, extensive plantings like City Palms buildings in WPB; residents and their guests would be able to park on the 4th floor, local businesses could park their employees on the 3rd &extra space on the 4th floor; and that would leave floors 1 & 2 of the parking garage to provide parking for the public. Parking problem solved to a large degree! On the 2 floors above the townhomes, add pocket balconies for trees on the parking garage as in the photo. Plan for living roofs 2 on the townho es as well as roof access for their owners so they can garden/have private gardens. Access to the parking garage can be at the NW and SW corners--facing the railroad tracks. We need more density and these townho es, plus other planned projects (that need to become smarter) will give the needed density. Yes, we need workforce/affordable housing, but not in the area where we can get top prices for luxury living spaces!!!! This idea helps with our needed urban tree canopy needs, makes downtown a unique architectural destination in our county, helps with the urban heat islands that have been created by the last 2 commissions/CRA commissions/Cboards with the concrete canyons being planned for US1/downtown, and would be visually stunning as "living art". Leave the alley behind my family's buildings so customers can still drive in to pick up take away orders from Ki (covi /parade is accommodation); remember 2 of the buildings are front and back access for over 6o years now; and put in a green space buffer for the townho es on this southern end. t Fourth, we need to leave space for the impending train station that is due in the next 20 years. Yes, we need to increase theamount of housing and office buildings in the area, but not at the expense of the station. Plan! Remember, you'll be able to add parking, offices, and more luxury townho es/condos someday on the Bank of America site and the "Villages" site. We really don't ever need more retail under residential, but the "Villages" can handle the needed 2-3 retail spaces (restaurants/convenience store) for the Tri-Coastal Link trains. No building up next to the railroad. Fifth, do not allow this developer to take our public park from us! This park belongs to the public, and should not be controlled by the developer. In any way. Let them adopt the park to pay for the cleaning/maintenance if they really want to help. We have too little greensace in our city; the study from several years ago showed our lack of greenspace is adversely impacting our property values. We need more greensace out of any incoming project. The park belongs to the residents-- not some random developer. Are you not learning anything from the Town Square debacle?! Keep the park in public hands. Park adoption is their option--not concerts or other loud projects that adversely impact those living adjacent. Sixth, the proposed project, at S stories, will involve lots of pounding the foundation. Months of pounding that adversely impacts the businesses for a couple block radius. It will damage my family's buildings, including our building that houses Hurricane ley--it is 95 years old and the oldest commercial building in Boynton Beach. My father's insurance sign on the east side is recognized in our city's historic preservation manuals as an example of historic signage. I can't tell you how many people have told me that my father's sign is their place marker for our city--they know they are in Boynton when they see it! The pounding will damage the Oyer a other surrounding . We don't need S stories and the damage caused by the pounding. Imagine trying to run your business/live in that 5 or so block radius with loud pounding and ground shaking for S+ hours a day formonths: things fall off bookshelves; doors don't fit in their frames anymore; glassware is damaged; you get foundation damage; your building or house gets wall cracks; you can't sleep properly which impacts your health; your pets are scared; and so on. What about sinkholes or saltwater intrusion caused by the foundation pounding for such a tall 3 S- project? Lp 'ad-, L__S,/_, _.j, r,,e,,,.-porJ e j._�s`rJk1,,_) esJ -c,,,.,.,j-vse..., p ... ......... .... .....:..........,.,...............................,...a L! ........... ......... ........ ................................. ................................ ......................................................... reixjtj any and all damage to my family's buildings will be Y, CY - Consider this notice that expected to be repaired by the city, CRA, and the developer back to the pre-construction condition--- I'm sure you are planning for this. I'm assuming there will be provisions for repair to all the local buildings and homes that will beimpacted if such a tall structure is built. 500 Ocean, at its reduced height, caused damage to the Hurricane Alley building from its foundation pounding. 8 stories will cause more damage. Even my reduced height suggestion, with a setback, will cause damage. AVhat plans are in place by the developer to mitigate damage to all the commercial buildings and homes in the area? The damage will possibly extend to Casa Costa and homes to the south west Plus 500 Ocean, Mariner Village, and all the buildings/homes/apartments to the south east. Seventh, and if not damage, definitely TONS of unhappy business owners taking a hit to their business from customers who don't want to endure the ground shaking and noise to visit these businesses. What about the economic impact--on top of/right after a hit by the pandemic? Who is compensating these businesses? Kim Kelly will take the biggest hit--she has back area dining--who wants construction dust in their food and beer? Mitigation???? Thank you, all of you, for taking the time to read this long email and for taking my insights into consideration as you move forward on this project. Suson Oyer 4 �» — t ; 1`S�i�� £ 41t�i��,,``f`��1�j11�4't}t}t��t�,t"�� 1j�t��ttt�r�t�` �'s`�� "' t , at •,Iii ��` _ t 't I` . + t - AIM nt M MY y�f , 3 ( f>sif 4 a E. , - + 1, }+ ty tt s -tys� V1'� c it "SEPARATOR PAGE" CONTINUE TO NEXT COMMENT Nicklien, Bonnie From: Simon Michael Sant Tuesday, September 0l2O2O3:S6PM To: NicNien' Bonnie Subec FW:There's More! Hi Bonnie: The email below can be added to the public comment attachment for the 11Sitem. Michael Simon, FRA-RA, CP3P, LRES Executive Director Boynton Beach CommunityRedeve|opmentAgency 1OOE. Ocean Ave. | Boynton Beach, Florida 33435 �- ��1-��-��1-�UO-�U�1 | �� ' SimonK4@bbf|.ua http://vvvvvv.boyntonbeachcra.com B:OYNTON Aw: i6ZEACK, 'R,A CCJ MUNHY America's Gateway tothe Gulfstream Please be advised that Florida has a broad public records law and all correspondence to mie via en-,Iail n-,Iay be subject to disclosure.Under, Florida records |ovv, email addresses are public records.Therefore, youre-moi| communication and youre-moi| address moy be subject to public disclosure. Fromm:VVoh|er, Pamela Sent:Tuesday, September 8, 20203:18PM To: Simon, Michae| <SimonM@bbf|.uo> Subject: FW:There's More! For your records below z Pan-iela Wohler, dn-,iinistrati °e Assistant City Manager's Office e - Mailing Address: P.O. Box 310 Boynton Beath, Florida 3425 PhysicalAddress: 100 E. Ocean Ave. I Boynton Beach, Florida 3435 kr, 561-742-6015 IJP Wt:rhlerF'@bbfl.us boynton-beach.org/ 1111�0 iI c?7';i 011 it E 93 9 13 CITY OF DOYNTON SFACi9 Please be advised that Florida has a goad public records law and all correspondence to n-ie via enIail n-,Iay be subject to disclosure.Under, Florida records law, en-sail addresses are public records.Therefore, your,e-n-iail on-in-mni ation ars your,e-n-iail address n-,iay be subject to public disclosure. From: Paul Kirchhoff<pirch @ bellso th.net> Sent:Tuesday, September 08, 2020 3:04 PM To: Grant, Steven <GrartSbbf!. s>; Hay, Woodrow L < ayWbbf!. s>; Penserga,Ty<PerseraTbbf!. s>; Romelus, Christina <Rome! sCbbfl. s>; Katz,Justin <KatzJrbbfl. s> Subject:There's More! I see the FEC has decided to deposit even MORE railroad ties in our downtown. IF AT ALL POSSIBLE, please include in the deal with the developers the certainty that this land can be reclaimed for city use, either by lease or sale. We now literally have a DUMP in the heart of our downtown, and it will never be truly developed unless something is done about it. If not possible (FEC may simply refuse to negotiate), this should not disqualify the deal, as the Van Arnem team are excellent developers and it is just the EXACT type of development we are looking for as a city, but please, PLEASE negotiate this because finally being rid of hideous junkyard would be a great asset to the city. Paul Kirchhoff 2 "SEPARATOR PAGE" CONTINUE TO NEXT COMMENT Nicklien, Bonnie From: Simon, Michael Sent: Tuesday, October 13, 2020 11:28 AM To: Nicklien, Bonnie Cc: Shutt,Thuy Subject: FW: parking downtown Attachments: satellite parking pic--edit--marked up--152jpg Hi Bonnie: Will you please keep this for next month's public comment log. Thank you. Michael Sin-,ion,n, ER A-R A, CP3P, EI E3 Executive Director Boynton Beach Con'imiunit I ede °elr:pn—,ient Agency 100 E. Ocean Ave. Boynton Beach, Florida 33435 561-600-9091 61-333-32 ata n : Sin-,ionM@bbfl.us http://www.boyntonbeachcra.com BOYNTo �t BEACH : America's Gateway to the Gulfstream Please be advised that Florida has a goad public records law and all correspondence to mie via enIail n-,Iay be subject to disclosure.Under, Florida records law, en-,,ail addresses are public records.Therefore, your,e-n-,,ail on-imiuni ation ars your,e-niail address n-,iay be subject to public disclosure. From: Susan Oyer<susanoyer@gmail.com> Sent: Tuesday, October 13, 2020 7:45 AM To: Grant, Steven<GrantS@bbfl.us>; Penserga, Ty <PensergaT@bbfl.us>; Hay, Woodrow L. <HayW@bbfl.us>; Katz, Justin <KatzJr@bbfl.us>; Romelus, Christina<RomelusC@bbfl.us>; Simon, Michael <SimonM@bbfl.us>; LaVerriere, Lori <LaVerriereL@bbfl.us> Cc: Kim Kelly <harleycabo@gmail.com> Subject: parking downtown i Dear all: As more discussions happen regarding the 115 N. Federal Hwy area, you will hear more "promises" on parking. The most recent offers up 120 public spaces I believe? I'm attaching the parking count I made about a month or so ago. I've marked up the map so you can see what spaces are where. Depending on how people park along the tracks, you get about 152 spaces in this immediate area. Note we've lost 10 spaces when the city remarked the spaces--I believe I've complained about that in the past. You may want to consider the on street parking being compact cars only like so many cities around the world have done. Then you can get more parking in. Plus, it sets the right tone in our forward- thinking, sustainable city. Let's not reward people for making poor car choices when they buy gas- guzzling, environment destroying massive vehicles that they just don't actually need. Let's reward people for making the right choices for our city, our planet. https:ZZwww.youtube.comZwatch?v=L113htfrgeO As we come into the new paradigm taking hold on the planet, will we be on the right side? Will we be leading? Will we be making the right choices for this increasingly over-populated planet? Feel free to let me know if my math is off. S roto Oyer 2 �» — t ; 1`S�i�� £ 41t�i��,,``f`��1�j11�4't}t}t��t�,t"�� 1j�t��ttt�r�t�` �'s`�� "' t , at •,Iii ��` _ t 't I` . + t - AIM nt M MY y�f , 3 ( f>sif 4 a E. , - + 1, }+ ty tt s -tys� V1'� c it "SEPARATOR PAGE" CONTINUE TO NEXT COMMENT BUCHANAN PAPTNERS November 2, 2020 Michael Simon Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue Boynton Beach, FL 33435 Dear Michael: Thank you again for meeting with us and Davi Camalier on The Boynton Beach project. We look forward to working with you on that. I am writing to you concerning the CRA property at 115 N. Federal Highway, the site across the street from our project. I realize we have not been involved in the process involving that property up to this point. But we have looked at the proposed plan under the current submission for the site, and we feel that what is proposed is not best for that particular neighborhood nor for Boynton Beach in general. We feel Boynton Beach would benefit from a more walkable, pedestrian friendly development—one that would be lower scale, involve a mix of uses and create a focal point and gathering space for residents and visitors alike. The CRA site is perfect for that type of destination project. That block on Federal Highway, where the CRA site is located, already has a number of the types of users we are talking about. We think it would be beneficial to maintain those users and add more in a well-designed, plaza-like setting that creates gathering space, public amenities and easily accessed retail and restaurants. We also believe the CRA site is the best Iocation for a hotel. Being walkable to restaurants and retail, close to the marina and the Inter-Coastal and not far from the beach, the best chance for a good quality hotel would be in a mixed-use development on the CRA site. And lastly, the potential rail stop should be incorporated into the design in a significant way. A rail stop will bring riders, and the station should be integrated into the project in a visible and highly accessible manner. 9841 Washingtonian Boulevard,Suite 300.Gaithersburg,Maryland 20878.P.301.417.0510.F:301.417.1594.www.buchanapa3viers.c0111 i 1 is t Taken all together, the CRA site provides the opportunity to anchor downtown Boynton with a mix of destination uses. With public space and pedestrian walkability this type of development will draw people downtown and provide amenities for the surrounding projects. There are plenty of sites in Boynton Beach for mid and high.-rise residential. However, from what we have seen, this CRA site is the only one where a truly transformative development can take place. W ouldFbtalou about this further, and look forward to working with you. are Brian S. BPrincipal Buchanan cc: Commissioner Christina Romelus, District II Commissioner Woodrow L. Way, District II Commissioner Justin Katz, District Vice Mayor Ty Penserga, District IV Mayor Steven B. Grant, At-Large Davis Camalier BSB/jhc 9841 Washingtonian Boulevard,Suite 300.Gaithersburg,Maryland 20878.P: 301.417.0510.F:301.417.1594.www.buchanapartners.coni #: "SEPARATOR PAGE" CONTINUE TO NEXT COMMENT Nicklien, Bonnie From: Simon Michael Sant Thursday, November 12' 2O2O11:32AM To: NicNien' Bonnie; Shutt, Thuy Subect FW: Downtown development For the back-up to11Sbelow. Michael Simon, FRA-R/, CP3P, LRES Executive Director Boynton Beach CommunityRedeve|opmentAgency 1OOE. Ocean Ave. | Boynton Beach, Florida 33435 ��1-�UO-�U�1 | �� 561-737-3258 ' m�� SimonK4@bbf|.ua http://vvvvvv.boyntonbeachcra.com BOYNTONIA, BEACH CMMUNIff MWEELC AGENCIf America's Gateway tothe Gulfstream Please be advised that Florida has a broad public records law and all correspondence to mie via en-lail n-,Iay be subject to disclosure.Under, Florida records |ovv, email addresses are public records.Therefore, youre-moi| communication and youre-moi| address moy be subject to public disclosure. Fromm:VVoh|er, Pamela Sent:Thursday, November 12, 20209:44AM To: Simon, Michae| <SimonM@bbf|.uo> Subject: FW: Downtown development FYI below z r Pan-iela Wo filer, dn-,iinistrati °e Assistant City Manager's Office e Mailing Address, P.O. Box 310 Boynton Beach, Florida 33425 Physical Address, 100 E. Ocean Ave. I Boynton Beach, Florida 33435 561-742-6015 Wohler'P@bbfl.us U- r:r r� r:rr�- e 6�.r:rr' 13 CiV4EHIM H Please be advised that Florida has a broad public records law and all correspondence to n-ie via en--ail n-,Iay be subject to disclosure.Under, Florida records law, en-,sail addresses are public records.Ther'efor'e, your,e-n-iail on-in-wni ation ars your,e-n-iail address n-,iay be subject to public disclosure. From: Eleanor Essery<eleanoressermailxom> Sent:Tuesday, November 10, 2020 4:34 PM To: Grant, Steven <GrartSbbfl. s>; Penserga,Ty<PerseraTbbfl. s>; Hay, Woodrow L < ay�Wbbfl. s>; Katz, Justin <KatzJrbbfl. s>; Romelus, Christina <RomelsCbbfl. s> Subject: Downtown development I want my vote counted,I do not want to see yet another apartment complex going in the area. WE need hotel accommodations for when family visits. Tourists spend more money while on vacation than people who live here. THE CRA STATES THEY HAVE HAD NO INTEREST FROM ANYONE ON THE LOT BEHIND US EXCEPT FOR THE MIX USE APARTMENTS WHICH IS UNTRUE. A LETTER WAS WRITTEN BY A DEVELOPER JUST RECENTLY AND EMAILED TO ALL LEADERS AND THE CRA STATING THEY WOULD BE INTERESTED IN A HOTEL AND PUBLIC SPACES . THIS NEEDS TO BE ADDRESSED AND NOT SHOVED UNDER THE CARPET!! SPEAK OUT NOW AND LET YOUR VOICES BE HEARD!! THE CURRENT PROPOSAL WAS HIDDEN FROM NEARBY OWNERS AND THE COMMUNITY BY THE DEVELOPER THAT WANTS APARTMENTS SO IT COULD BE SLID THROUGH WITHOUT OPPOSITION AND I KNOW THIS IS TRUE BECAUSE HE TOLD ME!!! MORE SHADE THAN A CLOUDY DAY DURING A TROPICAL STORM!!! EMAIL YOUR LEADERS NOW THE VOTE IS AT 5:30.. We want more options not just the shady ones!!!!! 2 "SEPARATOR PAGE" CONTINUE TO NEXT COMMENT Nicklien, Bonnie From: Simon Michael Sant Thursday, November 12' 2O2O11:32AM To: NicNien' Bonnie; Shutt, Thuy Subect FW: Condos For the back-up to11Sbelow. Michael Simon, FRA-R/, CP3P, LRES Executive Director Boynton Beach CommunityRedeve|opmentAgency 1OOE. Ocean Ave. | Boynton Beach, Florida 33435 � ��1-��-��1-�UO-�U�1 | �� ' m�m SimonK4@bbf|.ua http://vvvvvv.boyntonbeachcra.com BEACKA% RA CO ALA. NRY RREEDERV IN' CY America's Gateway tothe Gulfstream Please be advised that Florida has a broad public records law and all correspondence to mie via en-lail n-,Iay be subject to disclosure.Under, Florida records |ovv, email addresses are public records.Therefore, youre-moi| communication and youre-moi| address moy be subject to public disclosure. Fromm:VVoh|er, Pamela Sent:Thursday, November 12, 20209:42AM To: Simon, Michae| <SimonM@bbf|.uo> Subject: FW: Condos Good Morning Mike, Pan-iela Wohler Adn-,iinistrative Assistant City Manager's Office e Mailing AddressP.O. Box 310 Boynton Beach, Florida 33425 Physical address: 100 F. Ocean Ave. I Boynton Beach, Florida 3435 r, 561-742-6015 IJP Wohler'P@bbfl.us boynton-beach.org/ 1111�0 iI c?7';i 011 it E 93 9 13 CITY OF DOYNTON SFACi9 Please be advised that Florida has a goad public records law and all correspondence to n-ie via enIail n-,Iay be subject to disclosure.Un er, Florida records law, en-,,ail addresses are public records.Therefore, your,e-n-iail on-in-mni a ion ars your,e-n-iail address n-,iay be subject to public disclosure. From:james kosluk<iaesk2 yaoo.co > Sent:Tuesday, November 10, 2020 5:27 PM To: Hay, Woodrow L. < ay fl.us> Subject: Please do not vote for condos Sent from Yahoo Mail for Wad 2 "SEPARATOR PAGE" CONTINUE TO NEXT COMMENT Nicklien, Bonnie From: Simon Michael Sant Thursday, November 12' 2O2O11:33AM To: NicNien' Bonnie; Shutt, Thuy Subect FW: N(] MORE Mix Use Apartments inBoynton Beach For the back-up to11Sbelow. Michael Simon, FRA-R/, CP3P, LRES Executive Director Boynton Beach CommunityRedeve|opmentAgency 1OOE. Ocean Ave. | Boynton Beach, Florida 33435 ��1-�UO-�U�1 | �� 561-737-3258 ' m�� SimonK4@bbf|.ua http://vvvvvv.boyntonbeachcra.com BOYNTONIA, BEACH CMMUNIff MWEELC AGENCY America's Gateway tothe Gulfstream Please be advised that Florida has a broad public records law and all correspondence to mie via en-lail n-,Iay be subject to disclosure.Under, Florida records |ovv, email addresses are public records.Therefore, youre-moi| communication and youre-moi| address moy be subject to public disclosure. Fromm:VVoh|er, Pamela Sent:Thursday, November 12, 202010:04AM To: Simon, Michae| <SimonM@bbf|.uo> Subject: FW: NOMORE Mix Use Apartments inBoynton Beach FYI below z Pan'iela Wohler, dniinistrati °e Assistant City Manager's Office e Flailing address: P.O. Box 310 Boynton Beach, Florida 3425 " Physical address: 100 E. Ocean Ave. I Boynton Beach, Florida 3435 r, 561-742-6015 Ifs Wohler`F'@bbfl.us boynton-beach.org/ 1111�0 iI c?7';i 011 it E 93 9 13 CITY OF DOYNTON SFACi9 Please be advised that Florida has a goad public records law and all correspondence to nie via enIail n-,Iay be subject to disclosure.Un er, Florida records law, en-,iail addresses are public records.Therefore, your,e-n-iail on-in-mni ation and your,e-mail address n-,iay be subject to public disclosure. -----Original Message----- From: Mary Chaundy< chauny yaoo.co > Sent:Tuesday, November 10, 2020 4:12 PM To: Grant, Steven <GrantS flus>; Penserga,Ty<PenseraT flus>; Hay lf.us; Katz,Justin <KatzJrfl.us>; Romelus, Christina < oelusC@bbfl.us> Cc: Mary Chaundy<mchaundy yaoo.co > Subject: NO MORE Mix Use Apartments in Boynton Beach Good Afternoon, Normally, I do not voice an opinion to my city leaders but today I am compelled to act.The City of Boynton Beach does not need any additional Mix Use Apartments in downtown Boynton Beach. A better use for this property off of Ocean Avenue, would be a hotel that would bring tourists into our city to enjoy all that it has to offer. I understand that another developer submitted a letter of interest to build a hotel at that location. Do not allow this letter to be hidden. STOP allowing the CRA to bury this letter so that the shady developer who wants to build the mix use apartments is awarded the bid. We do not need more apartments that will sit vacant in our city! I have been a resident of Boynton Beach for over 20 years and enjoy visiting the local shops and restaurants downtown. We need to attract more tourists to our beautiful city that will support the local businesses downtown to help them thrive. if this letter from this developer gets buried... it will only add additional support to the premise that all government officials are corrupt. Respectfully, Mary Chaundy 8290 Bermuda Sound Way Boynton Beach, FL 33436 Sent from my iPad 2 Public Input Survey for "Future" Redevelopment of BBCRA-Owned Property Q1 Would you like to see a future redevelopment project incorporate a mix of uses, such as (check all that apply): None of the above,'3 RestauranOMMEMEMEM Office Retail Rental, Apartmen t"t{�l� Condominiums 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES None of the above 12.08% 61 Restaurant 78.02% 394 Office 38.61% 195 Retail 69.70% 352 Rental Apartments 15.05% 76 Condominiums 25.74% 130 Total Respondents: 505 1/ 11 Public Input Survey for "Future" Redevelopment of BBCRA-Owned Property Q2 Would you like to see a full-service grocery store or corporate headquarters incorporated into a future redevelopment project? Ansy,,,c.,red: 504 Sk'DDed: 3 Yes No 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Yes 53.37% 269 No 46.63% 235 TOTAL 504 2111 Public Input Survey for "Future" Redevelopment of BBCRA-Owned Property Q3 Would you like to see a hotel incorporated into a future redevelopment project? #��11�I��IIII91,1,111IIIII,��I�II�I�`�,,1,'�li��llllllllllll�� i��„��4�'�IIIIIII�IIII��IIII �', Yes No MEN= 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Yes 48.51% 245 No 51.49% 260 TOTAL 505 3/ 11 Public Input Survey for "Future" Redevelopment of BBCRA-Owned Property Q4 Would you like to see residential units built for a variety of income levels incorporated into a future redevelopment project? ,(.,,ed: 50 ed: 0 Yep No 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Yes 27.61% 140 No 72.39% 367 TOTAL 507 4/ 11 Public Input Survey for "Future" Redevelopment of BBCRA-Owned Property Q5 Would you like to see larger than required public open space(s) incorporated into the design of a future redevelopment project? AnS,,V,,,(.,red: 506 Sk'DDed: Yes �c��ltp��,ll,{I) yl ,,��`1,.,,z,s,��,1 III t1lil�li,��r,t�, ��l�,l ,�tl\11�, �11;� No 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Yes 79.64% 403 No 20.36% 103 TOTAL 506 5/ 11 Public Input Survey for "Future" Redevelopment of BBCRA-Owned Property Q6 Would you like to see more public parking spaces incorporated into a future redevelopment project? AnS,,V,,,(.,red: 505 Sk'DDed: 2 ��I�{�II � 4�`ll,!,,fI�l I III �l ,l 1,��1 �I{„�IIIIII Yes ll,��I))��,��I,}�Ill�rE�,�$}��\��11�t1 I ;�},\}.��,�l��IIIIIIII 1 r,�� 11I11� t No 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Yes 80.79% 408 No 19.21% 97 TOTAL 505 6/ 11 Public Input Survey for "Future" Redevelopment of BBCRA-Owned Property Q7 Would you support paying for parking during special events and high traffic times? �� IIIIII��II I� 1I III Yes No 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Yes 53.27% 269 No 46.73% 236 TOTAL 505 7/ 11 Public Input Survey for "Future" Redevelopment of BBCRA-Owned Property Q8 Would you like to see accommodations for mass transit, rail, or ride sharing amenities (such as bus stops, train, Uber, and bicycle) incorporated into a future redevelopment project?#r��l�� Yes No 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Yes 71.68% 362 No 28.32% 143 TOTAL 505 8/ 11 Public Input Survey for "Future" Redevelopment of BBCRA-Owned Property Q9 Are you a resident or business owner in Boynton Beach? AnS,,V,j,(.,red: 500 Sk'DDed: 7 Resident ��p��ll,{I) yl ,,,)�`l.,�z,fv��,1 �II�� Ilil�li,,�{r,,t�, ��l�,l ,�{l\�i, IIj+;��,��}{�,� I l��i�i��ll�{.��I�;rEt�,�$t t��11�at1 I, ;��,}.��I�{I��,��>�Ili II �1,�,sa� �s��11�1 Business Owner Both 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Resident 79.40% 397 Business Owner 4.80% 24 Both 15.80% 79 TOTAL 500 9/ 11 Public Input Survey for "Future" Redevelopment of BBCRA-Owned Property Q10 What is your zip code? ,(.,,ed: 506 ed: Boynton Beach Zip Codes 33435 =275 33426 = 76 33436 = 75 33437 = 39 Outside of Boynton Beach = 38 No Responses = 3 10/ 11 Public Input Survey for "Future" Redevelopment of BBCRA-Owned Property Q11 Please enter your email address if you would like to be added to the BBCRA email subscriber list to receive information about future redevelopment projects, programs, and events. A=iSyaa. e.92 kis:ss:s.:.aa. 215 ANSWER CHOICES RESPONSES Address 0.00% 0 Address 2 0.00% 0 City/Town 0.00% 0 Company 0.00% 0 Country 0.00% 0 Email Address 100.00% 292 Name 0.00% 0 Phone Number 0.00% 0 State/Province 0.00% 0 ZIP/Postal Code 0.00% 0 11 / 11 BOYNTO immiBEACH C d CRA BOARD M EETING OF: April 13, 2021 OLD BUSINESS AGENDAITEM: 15.F. SUBJECT: Discussions on Tax Increment Revenue Financing Agreements SUMMARY: At their February 9, 2021 meeting, the CRA Board requested that staff provide them with a breakdown of the past and present private development incentivized Tax Increment Revenue Funding Agreements (TIRFAs), formally known as Direct Incentive Funding Agreements (DI FAs) for discussion purposes at a future meeting. In order to assist with the discussion, the Board wanted to know the TIRFA funding year, associated development and developer/owner, reason for the TIRFA, term of the TI RFA, pre and post tax assessed values and the amounts of tax increment revenue generated for both the developer/owner and the CRA. CRA staff has provided the Board with the requested breakdown as Attachment 1. In summary, the Boynton Beach CRA has entered into a total of six (6) TI RFAs from Fiscal Year 2004-2005 through Fiscal Year 2017-2018. Each of the six (6) TI RFA incentivized developments addressed the goals and objectives of the CRA Redevelopment Plan and area of under performing commercial property or underutilized vacant parcels. With the exception of only one TI RFA, all of the intended approved projects have been completed and are receiving a share of the Tax Increment Revenue generated from the increased tax assessed value of the post development property taxes (see Attachments I I-I V). With the exception of only one TIRFA, all have had a revenue sharing term of ten (10) years. As shown in the Attachment, the total combined Pre-Development Property Tax Assessed Values of the five (5) completed projects was $8,382,532.00 and the Post-Development Property Tax Assessed Values of the five (5) completed projects was $248,217,454.00. The overall total tax increment revenue generated from the five projects during the period of the TIRFA below imposing the share formula is $20,156,656.00. As a result of their experience over the past 14 years of TIRFA creation, management, monitoring and closeout, CRA staff has found certain aspects of the agreements should be strongly considered when formulating the terms of these long term and financially impacting contracts such as but not limited to the following items: • Having the Developer clearly state and demonstrate the gap in the financial structure of the proposed project whether that be brought on by environmental, construction, or market factors. • Limiting the term or duration of the TI RFA to coincide with the total dollar amount of the financial gap as identified by the Developer. • Tightening the restrictions limiting the original Developer's ability to transfer or sell ownership of the Project during the term of the TI RFA without compensation being paid to the CRA as repayment of the tax increment revenue share received prior to the transfer or sale. • Tightening the restrictions limiting the original Developer's ability to transfer or sell ownership in the Project during the term of the TI RFA without compensation being paid to the CRA as repayment of the tax increment revenue share received prior to the transfer or sale AND a share in the equity proceeds of the Project at sale or transfer. • Having identified elements or obstacles raised by the Developer to the CRA that may qualify for tax increment sharing. FISCAL IMPACT: To be determined by the CRA Board. CRA P LAN/P ROJ ECT/P ROG RAM: Boynton Beach CRA Community Redevelopment Plan CRA BOARD OPTIONS: The CRA Board does not have a predetermined need for a motion or approval of any sort as a result of this item being presented or discussed. Any action taken or direction given is at the sole discretion of the CRA Board. ATTACHMENTS: Description D Attachment I -Tax Increment Revenue Funding Agreement Spreadsheet D Attachment II -Casa Costa Before and After Photo D Attachment III -Seabourn Cove Before and After Photo D Attachment IV -500 Ocean Before and After Photo Q 3 LL CO ti -O LL' -p N x N F ¢' ¢ d V rp+ N O lD N ti ap+ Ot Ol # � o � aE`+ m N m o N C d 3 Lr cs 4,, a m X a Lr 'n x y c : m m N O o m 3 y O O O O o oc� w e p' c6 m m a w c O m M E u � oc � a a o E u m 3O O O O O 3 O m O O O m : # d N a O m N a` a N a y o oc o 0 o y 0 a x O O OuO O O 9 N> va O O u > va M a N O O O Ol a N : N O a ao O O .-i O W a 3 1 O•'.N m: W W O O N G O. 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N N N N N N a - i-I o o a a V — V m L' E s o m E a E a ^ O v c m m o N `o m o m z m aai a s c a a u s N N O D r Casa Costa Before v, f I f F - - - � k S rlkgrd�I�I � �4F�§k r,tF, CJs is i �iill��aryltfiS��i � S xI - I ti�IstUi 1 ,t`S s t� I � l Casa Costa After m � � Iy 1 r 9 s O - It ' ; P IFI, It m qwpp l$ VII all 14 44 It jq M lip low gyI" F y ( M �*A _ ;• I p i pit Casa Costa Before v, f I f F - - - � k S rlkgrd�I�I � �4F�§k r,tF, CJs is i �iill��aryltfiS��i � S xI - I ti�IstUi 1 ,t`S s t� I � l Casa Costa After m � � Iy 1 r 9 s O - It ' ; P IFI, It m qwpp l$ VII all 14 44 It jq M lip low gyI" F y ( M �*A _ ;• I p i pit 500 Ocean Before r r t ) 7D. t5 � 500 Ocean After �lth ; i - �hw Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2021 Ms. Coppin reviewed the activities planned, which included the Rock the Marina, the Lionfish Derby, Rock the Plaza, Rock the Block and a new Boynton Beach Night Market. The CRA does not host business promotional events in the summer due to rain, so the events are rain or shine. Chair Grant asked if staff could purchase rain insurance. The way the contract is written is the CRA is protected against cancellation. Chair Grant supported the events and requested Rock the Block be held sooner than later. Ms. Coppin commented staff needed more than a month, but may be able to hold it in June. There is a Rock the Plaza scheduled for June 18th or 19th, which they could push outward. Chair Grant wanted to hold it June 25th or the 26th. The Lionfish Derby is in June. Vice Chair Penserga asked about the plan for the night market as there are businesses down the street. Ms. Coppin explained they have identified 53 vendor spaces at the amphitheater and they would invite businesses in and outside of the CRA area. She was working with John Durgan. Mr. Simon confirmed the funding was previously approved and a consensus was needed to start moving forward with these events. Then they would think about Pirates Fest for next year. C. Discussion and Consideration of Responses to a Request for Additional Information from Respondents of the RFP/RFQ for the Cottage District Infill Housing Redevelopment Project This item was heard earlier in the meeting. D. Discussion of Status of Purchase and Development Agreement with Ocean One Boynton, LLC for the Ocean One Project This item was heard earlier in the meeting. E. Discussion and Consideration of Letters of Intent for the CRA-owned Property located at 401-411 E. Boynton Beach Boulevard This item was heard earlier in the meeting. F. Discussions on Tax Increment Revenue Financing Agreements REVISED Mr. Simon explained the Board asked staff and legal about information on existing TIF agreements and Attorney Duhy put together a legal memo of items. Some items were discussed for the 115 and Ocean One items indirectly, but for future agreements, there is a large financial benefit as a result of all the projects done in association with the CRA Board's additional financing. He would like the Board to consider a clear statement of need, and a gap in the financial structure and how they arrived at the number and what is included in the agreement. He suggested when the money is repaid through the term of the agreement, if they reach that repayment or cost amount prior to the end of the term, the document expires so they would not be reimbursing the developer for taxes they are paying beyond the money they were paid. In some instances, the transfer and 20 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2021 sale of the properties needs to be strengthened and greater consideration should be given to include reimbursement to the CRA for the funds they provided up to that point and have the agreement terminate with the sale or transfer, especially if it involves any type of profit or additional value than what was originally established or lost. They do not want to keep paying for an item that was paid for in the sale of the property and then just be transferred to another entity that already paid for the building. Despite what developers say, if they sell a building for way more than they purchased it, they do not need CRA money and the CRA could be paid back. He thought there could be some type of equity benefit to the CRA which could be reused for the project or for a future project. The CRA should consider the particular goals the Board would want to incentivize. Not every project needs additional funding. If the Board can determine during the request for funding if the particular issue or project is an important issue and something that would qualify for the public's assistance, the benefit to the public would be more tax revenue for the City, County and CRA, but if they assist the developer and it has an overarching benefit to the public, it would be better to have some type of intent to let the developer know that a standard, mixed-use projects may not need funding. The Board needs to be diligent with what they are requesting assistance with. Board Member Hay asked when they have property that is developed and they pay a certain percentage and then they try and sell the entire project, if they could they have a policy that would make the remaining TIF payments to the developer null and void. Mr. Simon commented Item Four addressed that scenario. The CRA has wide discretion. Chair Grant asked if there was anything that would prohibit the CRA from making any sort of condition they want under Florida laws and learned the CRA's have wide discretion in the agreement to set forth specific requirements. As to the legal part of the memo, the one-page document can be used when the Board considers the next new project. It is meant to spark major issues that need attention and they could consider them case-by-case. Chair Grant liked the idea of requiring developers receive TIF because then the CRA can dictate what they want in the project. He noted for the Ocean Breeze East project, the funding they will receive this year, was not able to be put into the project, nor could they provide TIF to the Wells Landing project. He liked that they were able to require developers adhere to a CBA. Chair Grant was not worried about developers being profitable. Board Member Romelus noted developers are in the business to make money. She thought it was not a matter of penalizing them, rather if there is a necessity to provide money, the Board do so on their terms. Vice Chair Penserga did not think it was an either/or situation and he agreed the residents should receive community benefits. A developer would profit one way or another, but he questioned if a developer does receive CRA funding if it goes into their pocket or into the project. He supports the bullet points included in the agenda, but he wanted to ensure the money given goes towards finishing the project. He wants to track how the funds are being used. Chair Grant noted developers have not asked for TIF in the last five years. He thought if they want a project, they should give TIF so they have 21 Meeting Minutes Community Redevelopment Agency Board Boynton each, Florida April 13, 2021 ........... more control over what is in the project. They want to put TIF into the 115 N. Federal Highway project. Board Member Katz appreciated the or staff put into the report. He was skeptical when developers say they cannot it the property so they will need TIF or land. The problem is when the tax agreements generate more returns for the property owner or developer than the cost of anything the CRA asks them to do, they are getting money they claim they need to fill a gap, and they are profiting off of it. Then they sell it for $20M to $30M profit. If it was so profitable, why did they need taxpayer dollars or what did the CRA get. Often one cannot see anything different than what they may have built on their own, absent public funds. He thought some of the options were well thought out and the safeguards were good. If they sell for massive profits, they should pay some of it back to some degree. Chair Grant agreed. He noted the CRA gave away the land for Family Dollar, and then sold it sothey did not have to pay the short-term capital gains and the price of the land was their profit. If a developer will take money out of the project, the taxpayer should not pay. Board Member Katz noted the Board rakes people over the coals to get out of repaying $40K for affordable housing, but not from big developments. He thought funds that come back to the CRA should beer ark for a specific use and the CRA recycle the funds. G. Discussion and Consideration of Terms for an RFP/RFQ for the CRA Project Located at 115 N. Federal Highway This item was heard earlier in the meeting. 16. New Business A. Discussion and Consideration of a Purchase and Development Agreement for the Property Located at 508 E. Boynton each Boulevard This item was heard earlier in the meeting. B. Discussion and Consideration of a Purchase and Sale Agreement with Larann Land Investments, LLC for Two Vacant Lots at NE 10th Avenue Motion Vice Chair Penserga moved to approve. Board Member Hay seconded the motion. The motion passed unanimously. C. Discussion and Consideration of a Letter of Intent from Habitat for Humanity of out Palm each County, Inc. for the CRA Owned Property located at 545 NW 11th Avenue 22 ATTACHMENT"F" PROPOSED PROJECT FUNDING USES AND SOURCES INFORMATION Project Uses and Sources $ 8,765,000 Land Costs - $ 2,816,900 Soft Costs - $ 52,274,500 Construction Costs - $ 4,890,996 Carrying Cost/Financing Costs - _..._............. _. .............._........ ........._...._ $ 500,000 Marketing and Sales Costs - $ 2,739,617 Permit and Impact Fee Costs - $ 1,160,411 Developer Overhead and Profit - $ 73,147,424 Total Project Cost - Capital Stack Proposer/Developer Equity $ 18,944,969 - Outside Capital Investor Equity $ 0 - Mortgage or Financed Amount $ 43,888,454 - Amount of BBCRA contribution requested, if any $ 0 - Other funding as identified $ 10,314,000 - Funding Total $ 73,147,424 - Page 24 of 30 E vLL� 3~ m m« a C 9 9 a: W c U C V N a m m N c u; a � o a co 1 g m n N o .0 p M c V a P:fit QST,ey C 0. ti ti ti ti ti � C 4 N C J N Q N Y N O 9.4 4 N C c alw lw 1. 1. 1. a 5 a a ,r LIN Im a. e HI 0. ti ti � 3 = u =u =u = u =u =u =u ✓ u a Q E E s+ E E« E E« E E« E E« E E« E E« E E« a 3 a a a a a a a a t v t v t v t v t v t v t v C n n n n n n 9 v c c H o m � 3 in n ✓ v a 0 � v H m o p s v o E E v o v ° v Q Q E v E t E z „n v E o E ¢-O E m E m E `o ow '° '° o ° v m m � a c a a s v v r`v r vo ° v ° v c c o m m r n v � rc N v v E 91 c � F a c E c E c E m v > u m N T 0 0 0 0 0 .. N N N N N N N IN U o 0 0 0 0 0 0 0 m m c c E E N o"a o m m o s a s °a $ a Y s oz � � ABRAMSON & ASSOCIATES,Inc. Real Estate and Public-Private DevelopmentAdvisory Services MEMORANDUM TO: Thuy Shutt, Executive Director Boynton Beach Community Redevelopment Agency FROM: Barry Abramson SUBJECT: Evaluation of Proposals for 115 N. Federal Site Project DATE: November 22, 2021 This memorandum summarizes our evaluation of the proposals submitted in response to the CRA's RFP for the above-referenced site. The evaluation focuses on the financial effect to the CRA of the proposals. The analysis does not consider the conformance of the proposed projects with planning and zoning requirements such as density and parking sufficiency which are being evaluated by the CRA and City. The evaluation is based on the original proposals submitted October 19, 2021 and subsequent clarifications provided by the proposers considered to be consistent with original proposals. The evaluation only considers proposed alternatives that could be developed on property being offered by the CRA and private property on the RFP block for which the proposer has site control. The key findings of the evaluation are presented in matrix form to facilitate comparison. A brief summary of the financial effect of the alternative proposals is presented in the exhibit on the following page. This is followed by a two-page matrix presenting for each proposal a summary of the use program, the CRA property proposed to be used for the project, the key financial terms and their direct financial effect on the CRA, as well as other non-financial benefits and concerns. Financial effect compares proposed one-time revenues and costs' with annual revenues2 to the CRA which are presented in $20223 for an initial year of stabilized operation', likely to be approximately 2025 or 2026 and for a year ten years after that (i.e. approximately 2035 or 2036). Further changes in financial elements (as well as length of income restrictions on ' One-time revenues and costs are revenues and costs generally occurring at sale or during or shortly following the development period Z Annual revenues are anticipated to be repeated annually,generally increasing over time with market inflation/escalation s$2022 are constant dollars not considering inflation/escalation beyond 2022. (Note that, in the interest of simplicity,the analysis includes in the$2022 estimates some relatively small revenue components which are expressed in future inflated dollars) 4 Stabilized operation is property operation following initial lease-up in which property is operating at full occupancy less reasonable anticipated vacancy and credit loss 113 Chestnut Street/Newton,MA 02465 l tel:(617)965-4545 l fax:(617)965-5431/www.abramsonassoc.com workforce/affordable housing) play out in different ways in later years beyond the TIF district sunset but the annual snapshots of 2025/2026 and 2035/2036 are considered to capture the essential effect to the CRA of the alternative proposals in a readily comprehensible form. A second two-page matrix presents the tax increment analysis, the results of which are incorporated in the first two matrices, also expressed in annual revenues for an initial stabilized year and ten years later, in $2022 unless otherwise noted. Following the matrices are additional comments on the evaluation and proposals supplementing those contained above and in the matrices and the dollar amounts in the matrices should be understood in light of the various assumptions and comments presented in the text and footnotes to exhibits in this transmittal. Proposers One Time Net Annual Net Annual Affordability Net Initial Revenue to CRA Revenue to CRA # units, Cost (2025/2026) (2035/2036) #years $2022 $2022 Affiliated Development- -$13,314,000 $22,000 $22,000 118 units @ The Pierce 60-120%AMI (50%of total) for 15 years from closing E2L Real Estate Solutions- redacted $0 $0 26 units @ Banyan Hub 80-140%AMI (10% of total) for 20 years Hyperion Group - -$12,415,000 -$296,000 -$296,000 13 units @ One Ocean Way (West 100%AMI Block Only) (5% of total) for 20 years Related Urban Development Group - 63 units @ Gallery 80-100%AMI Option 1 (Market -$8,470,000 $576,000 $576,000 (30% of total) Rate/WFH Alternative) for perpetuity Option 2 (Affordable -$6,315,000 $366,000 $531,000 97 units @ Alternative) 40-100%AMI (46%of total) for perpetuity US Construction, Inc. — -$6,667,000 -$282,000 $481,000 (post 46 units @ Promenade at Boynton tax abatement) 60-120%AMI Beach (20% of total) for perpetuity 2 O O N N T Q N N N p p a x N F m O C o Ol N O (0 y n c N N ` O T U N �_E o N c -JT T ZO O J O a) O n 00O N N p T VCL N d O U ¢ N C N p U - O O o O m oD m XO y - _ V3 01 01 01 - a) W y a1 _ N O N a) n p_ p C C O m 00 0�1 KS N ¢ N Ol O. d a) C N N N N Cc V1 E Q RR E 0 ? 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N N coo ON O W M N N N O Ol O O N NO N M N O t) O O O N N OV3 H3 d � ^G LL N MO n H T N O x 9 N �O N M m a N N T LO) O N O N o m O + _ >� > O O O N 7 O d N 7 d m •� _ > Q > N Ol 0 O Q d N r d O lC w d o o_ c m �. II W N LL T o O N a P U - _ LL lBQz0 0 Q LLaE a Q o Ud aA Q3 ao M co ` o r � > o W U) d W E a -0 m m d 'o xS N o d E m �� a U E .o Q.c z � m Q E 0a o 0a 0o c = c LL fn V zz o ° aEL a > O a° > o oQz ° 0o 0o N O o o o_= 0_ o > > a Q 0F QO > ao The tax increment analysis applies consistent assessed value per unit (for residential), per room (for hotel), and per square foot (for commercial) to each proposal. These assumptions were based on conversations with representatives of the PBC property appraisers' office who are actively engaged in valuing multi-family and commercial properties in Palm Beach County and the consultant's analysis based on that input. A major take away from these conversations is that assessments, especially of multi-family properties, are due for a significant increase in 2022 reflecting the dramatic increase in rent and sales prices in the local market over the past year. Notably, while the assumption for assessed value per unit of market rate residential used in the evaluation is substantially higher than what would be indicated by current year assessments, it is more conservative than that indicated by the Palm Beach County appraiser. Where proposals call for the CRA to be directly impacted by parking revenues and operating expenses (the entire garage in the Affiliated and E2L proposals and the 150 public spaces in the Hyperion proposal), the evaluation assumes operation on a break-even basis (i.e. revenues only sufficient to cover operating expenses). This assumption, which is more conservative than that made by those proposers who provided estimates, is based on concern about the unproven demand for paid parking in the local market and the consultant's knowledge of operating expense estimates prepared by parking experts for comparably sized mixed public and private use garages in southeast Florida. This may be a conservative element in the analysis but seems reasonable in advance of a study by a parking consultant engaged by the CRA. The uncertainty of the parking economics is a particular concern with the E2L proposal and also an issue, to a lesser extent, with the Affiliated and Hyperion proposals (as Affiliated at least presents a parking lease for the residential spaces though revenues for other spaces are yet to be de6termined and Hyperion exposes the CRA only to the cost and operating economics of the 159 public spaces). Furthermore, input by the City's financial advisor indicated a higher estimate of bond debt service (cushioning for a potential increase in interest rates) than that assumed in E2L's proposal and that such a financing would very likely require a guaranty by the CRA and City, impacting debt capacity. This would likely be the case if the capital cost of parking proposed by Affiliated (or other capital costs of alternative proposals) were to be bond financed by the CRA. With regard to the net cash flow participation proposed by Related, while this potentially is a lucrative revenue stream, it is highly variable, subject to market fluctuations and project- specific issues. If the CRA were to accept this proposal, it would want to carefully negotiate issues such as limiting non-third party expenses to protect its participation. Proposer qualifications were evaluated by CRA staff. All of the proposers include entities with experience in developing the primary use components. We note that E2L's proposes a master development structure with a sub-developer(Eastwinds) with the expertise and financing capability for the primary private project (residential) and no developer on board for the later phase hotel. Such an arrangement can work but is less than optimal in comparison with the CRA negotiating a deal directly with a developer capable of developing and securing financing for all project components. 7 ASSUMPTIONS AND LIMITING CONDITIONS • Information provided by others for use in this analysis is believed to be reliable, but in no sense is guaranteed. All information concerning physical, market or cost data is from sources deemed reliable. No warranty or representation is made regarding the accuracy thereof, and is subject to errors, omissions, changes in price, rental, or other conditions. • The Consultant assumes no responsibility for legal matters nor for any hidden or unapparent conditions of the property, subsoils, structure or other matters which would materially affect the marketability, developability or value property. • The analysis assumes a continuation of current economic and real estate market conditions, without any substantial improvement or degradation of such economic or market conditions except as otherwise noted in the report. • Any forecasts of the effective demand for space are based upon the best available data concerning the market, but are projected under conditions of uncertainty. • Since any projected mathematical models are based on estimates and assumptions, which are inherently subject to uncertainty and variation depending upon evolving events, The Consultant does not represent them as results that will actually be achieved. • The report and analyses contained therein should not be regarded as constituting an appraisal or estimate of market value. • The analysis was undertaken to assist the client in evaluating and strategizing the potential transaction discussed in the report. It is not based on any other use, nor should it be applied for any other purpose. • Possession of this report or any copy or portion thereof does not carry with it the right of publication nor may the same be used for any other purpose by anyone without the previous written consent of the Consultant and, in any event, only in its entirety. • The Consultant shall not be responsible for any unauthorized excerpting or reference to this report. • The Consultant shall not be required to give testimony or to attend any governmental hearing regarding the subject matter of this report without agreement as to additional compensation and without sufficient notice to allow adequate preparation. g f t ( J 1 y n 1 P t 3,: F a \n i i{n f' • E U O C: +- o N C �3 OE rl rl N r � ' E U *k � � � C N O *k MO J „ (1)> N Ln 4O M (V6 N M Q U to m - O O of M (�6 M E EF � e, y` iiii - •in C rnrn LfIO a) O Ln 'a E E i m p 0ai E r y p0 ca .n m � � s Cr V a >- A-2 a) n3 a) O cr L O U C O +' a) pp in �O Q its u N Q ++ C L ++ a+ O L 41 O C fu U •L O U •C E O `� L C (6 O +� dA `� `-- LL fu C O L t •L o Q ;E Z3 4- E *' N C C O C 41 O 4 , O Q C C U >> O U m- 41 m C N a) (6 (6 >' LL) Ln ate+ _0 � a) CL N y_ E Q ++ ' a+ O M fu Q C , o (C6 a) - U C � O O O E to C m O Q N c C L � i .0 � C O O Q) +1 a) U Q 7 7 .V in U >• Q 41 C a) E ra 0 O m O O " c c Q ra fa v v, t w 41 c a) Q m E U ;x c � > � C: O Q L 'L E x a) o o E D u 41 n c t oI C: >to Q a) Q �_ c o a) — La) w C M O m C +1 Cr �, +, a) LL N sQ O LMUfa E .0 O U O L > + C ++ to o (U6 Q O E m ++ O � (o a) N C a) — 41 Q Q m � VI, w (6 41 CO 41 � m U a) fa vo 41 41 ni N a) w vI M m Q L t Q a) a) n3 t c c a) � t L a) -C 0 c C aci ` • c o aY) v a o o .� m v - N ',an o ' m ._ o D _ t c V a ,c a s n m 3 Y o w E D m o E •� a .� N c 0 n tia N v E a y V c a p .c c a) m m a tio > m n , c v p m2 D c o a m i v t �. t m a 0 m ° Y o o c 3 ami v v v a ° c c s Y o Q; a O E i ° m o Y LL o LL n a n a n m � � 0 - o E .m w V O N C >• 0 Y 7 V i L Y t Q v > A o x 3 3 0 .Q m o a M v o v a t °co 0 m tia n a o "- v_ o s X Yo c 'n m 0 + 0 c vEi v m ami -o-0 ` c c *� C: o c c :o m o m 0 0 ,o = o v o c m V ,� a ° o f g m n . 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Y2 k_ �, s`Tst.,ri r �;Sllr -1)A��ij\ t,: ')�•� �.-! .-�1, � � - ( � �,� 'P4,S� +l,tS�11`i�� 1„I ;'++ t` ~jb d �j... y vti s tr r •s��(j(( ritisr}tilt itt J r;��,-- _ t� _ � .?� �s �-�- Y �,�� Mutt, �C r' �; �rrs�t r,� (,j r;is, - <�ffP:•,F,�i!lfs,,� } �,,r��aa��i,� rr�1 `r��,�r ++f P.t ��t ti� ; '-��° i rr J s i i ` tS t r r tit E rs 4„'sj4i t ,Pf c� t'11,jt�t sir S �4,jitt�t ryi IlrJr !u S r,i' : j`' t �� 33: ft(h{�tYti i '�is1 rr( } ty� �) t ��at1 HOO �jfllAi&J$i`11��d-man t�1 Rr�.r4�,` ��}digitNi`f },J2�2Y r w,�r��jGS`if�At�. ��{; ra Till j” 1 r COVER LETTER On behalf of Affiliated Development("Affiliated"), I am pleased to present this proposal and qualifications for what will be our company's fourth public-private partnership venture in Palm Beach County within the past three years. Our proposed project,The Pierce, is envisioned to serve as the anchor for the East Boynton Beach district("EBO"),which we believe will be South Florida's next urban hot spot.The Pierce contains an assortment of uses that combine to create continual activity and energy. The Pierce will contain multifamily,office,retail, restaurant and public uses along with a parking garage containing 150 public parking spaces. Affiliated has played a role in helping create some of South Florida's hippest and most dynamic neighborhoods,and we know that these communities are built block-by-block,with vision,collaboration and by enhancing the distinctive characteristics of a community versus changing the unique fabric that sets Boynton Beach apart from other South Florida cities. Our efforts began back in October 2020,and instead of submitting a project to the CRA at that time,we spent considerable effort meeting with residents,adjacent property owners,and business owners in an effort better understand the objectives and desires of the community so that we could put forth a project worthy of this exceptional city and its residents. A prime example of this is that we have finalized an exclusive Letter of Intent with Kim Kelley of Hurricane Alley raw bar and restaurant that incorporates a brand-new flagship restaurant into The Pierce and allows for Kim's local establishment to continue to serve Boynton Beach residents for the foreseeable future. Affiliated is also working with Oyer Macoviak&Associates to finalize an agreement that will relocate their insurance office into The Pierce and prominently displays their 100-year-old "Oyer Insurance"sign in their new space, remaining visible from the corner of Ocean Ave and Federal Hwy. In the spirit of inclusiveness,The Pierce will provide luxury housing opportunities for over 350 Boynton Beach residents at all income levels. Affiliated is South Florida's foremost leader in developing workforce housing, having completed hundreds of workforce housing units,which The Pierce will deliver. It is our belief is that healthy and dynamic environments are created when people from all backgrounds and income levels harmonize to form one community. The Pierce will house waiters,fire fighters,small business owners,government employees,teachers and young professionals starting their careers. These folks will all have disposable incomes,which we believe will have an overwhelmingly positive impact to nearby businesses and generate nearly$9 million in new local spending. Another major consideration that should set our proposal apart from the others is that we are the only proposer to be able to incorporate the"hard corner"Ocean Food Mart property,which after 10 months of negotiation we have an exclusive agreement to purchase. Federal Hwy and Ocean Ave are"Main&Main". Not only does this corner get the most visibility from vehicular and pedestrian passersby, but incorporating this corner presents a critical opportunity to connect all four corners from a continuity standpoint in order to create a cohesive district"EBO". Our project was given The Pierce name in order to pay homage to one of the City's pioneers,Charlie Pierce(aka the Barefoot Mailman),which acknowledges this area's rich history while pioneering a new path forward. Lastly,we have met with the Brightline executives to discuss The Pierce and have made special accommodations to ensure that The Pierce accounts for the eventuality of a model station on the FEC property adjacent to the subject property. Over 79%of our project's overall site area will be accessible by the public,and the overall pedestrian connectivity from the FEC property is one chief component to ensuring suitable pedestrian connectivity. I always make the assertion that development is a "team sport". Impactful projects cannot occur without the collaboration of best-in-class professionals dedicated to their craft. Everyone involved on this project has committed themselves exclusively to our team and we feel honored to be amongst the very best in the business. It is our privilege to be considered for this site and look forward to working with staff, leadership and the community to execute on this monumental project. Sincerely, Jeff Burns Co-Founder&CEO Affiliated Development wy Q J O LL. y LL- > QCC; V O U L C� JL Q `i �I I QUALIFICATION AND BACKGROUND QFDEVELOPER Affiliated Development("Affiliated") is a locally-based development company with offices in Broward and Palm Beach Counties. VVepride ourselves oncreating developments that make asocial impact imthe communities me invest in. Affiliated's core competency is Public-Private-Partnerships("PIPP"), and we've completed over a half billion dollars in PPP transactions over the past 15 years, including over$162 million in PPP development in Palm Beach County within the last 3 years, and built a reputation as one of the most well-respected companies in the industry. Further on in our proposal you will read testimonials from 9 of your peers(elected officials and CRA staff from nearby South Florida cities) attesting to their experience in dealing with our organization on similar projects. This success has resulted from hard work and following through on the commitments we made to our public partners, which make us uniquely qualified to work alongside CRA staff and City leadership to execute our plan. In 2019,Affiliated executed on one of the first Qualified Opportunity Zone("QOZ") investments in the State of Florida,which was in partnership with the Fort Lauderdale CRA and contained workforce housing. Affiliated successfully raised its own QOZ Fund and successfully navigated the complexities of the QOZ program during a time where program regulations were still unpublished. The Pierce(and subject Property)islocated within the QOZboundaries,which makes this experience relevant. In 2020,we had our closing on the$125M Affiliated Housing Impact Fund,which has afforded our organization with the discretionary capital necessary tomeet the financial obligations for our developments, The fund is comprised of local police,fire and general employee pension plans,which creates a unique alignment of interest between our investors and municipal partnerships. AffiUatedclosed ov3different large-scale loans (totaling over$10Umillion)during the global pandemic,atime where many others were struggling toobtain financing. Affiliated(and its principals) have executed onhundreds ufmillions ofdollars infinancing guarantees,and has the ability to obtai n large loans without the need for outside third parties. Our banking relationships span across multiple transactions and are with some of the largest financial institutions in the business. This proposal contains letters and references from a couple of our preferred lenders todemonstrate our ability toobtain financing. It is particularly imperative to note that our financial capabilities,qualifications and experience in public-private partnership development is that of the proposer(Affiliated)and not in the capacity of the proposers' role working for another firm(not the propn»er). Additionally,Affiliated has never sold a property before it was developed. This is especially important in public-private partnership transactions because the proposer was chosen based on the merits of the proposer,not another entity that the proposer sells or transfers its rights to. When dealing with - AffiUatedthe Boynton Beach CRA can rest assured knowing itwill bedealing with the same entity from start tu finish and for years tocome. Lastly, it is our belief that we are uniquely suited to carryout this project due to exclusive qualifications no other proposers possess,such as: (1) having the 101 N.Federal Hwy property,(2)our relationship with Bdght|ine,(3) our LOI with Hurricane Alley, (4)our commitment to finalize a lease with Oyer Macoviak&Associates, (5)discretionary capital, and(G) propose r-s9cdficPPP experience for this product tyl2e. We hope to demonstrate this further in this proposal and qualifications for The Pierce and thank you for your consideration. ere LSi BwrMor ' Co-Founder&CEO Affiliated Development ~ ATTACHMENT"C" PROP0SER(S) |NFONM/QIOPJ Name: Affiliated Development, LLC Street Address: 013NVV3rd Ave Ste 104 Mailing Address (if different\: N/A City, State, Zip: Fort Lauderdale, FL 33311 054-0�3-0733 N/A Email : FaxNo: Ernai| Address ofContact Person: Lexi Ounn. U]unn@Affi|iatedD*ve|opnnenLnnnm Jeff Burns, JBumns@Affi|iatcdDeve|opnoentoomn 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 tmthe organization and management efforts. No Age ofOrganization—|ncontinuous business since: 4 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: Jeffrey Burns, Co-Founder& CEO, 804 N Rio Vista Blvd, Fort Lauderdale, FL 33301* Nicholas Rojo, Co-Founder& President, 528 Greenway [}[ North Palm Beach, FL334O8 _ Federal Identification No.' 82-3300420 State nfIncorporation & Registration Nn.: Florida, L1708O227646 |fnot acorporation, explain your status: Page 20of3V U-i Lj- > (n < ")' :3 00 4-j m 4-j C/) >N 4-j M� 4-j C: LU I State of Florida Department of State I certify from the records of this office that AFFILIATED DEVELOPMENT, LLC is a limited liability company organized under the laws of the State of Florida, filed on November 2, 2017. The document number of this limited liability company is L17000227646. I further certify that said limited liability company has paid all fees due this office through December 31, 2021, that its most recent annual report was filed on March 25, 2021, and that its status is active. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Seventeenth day of August, 2021 Tracking Number: 2326125453CU To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. tt s://services.sunbiz.or /Filin s/CertificateOfStatus/CertificateAuthentication State of Florida Department of State I certify from the records of this office that BB QOZ, LLC is a limited liability company organized under the laws of the State of Florida, filed on November 13, 2020, effective November 9, 2020. The document number of this limited liability company is L20000360129. I further certify that said limited liability company has paid all fees due this office through December 31, 2021, that its most recent annual report was filed on March 23, 2021, and that its status is active. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-eighth day of September, 2021 Tracking Number: 6475308686CU To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. tt s://services.sunbiz.or /Filin s/CertificateOfStatus/CertificateAuthentication U-i Lj- > • co a s E a O O � .L ° -0 a - c N O n 3 + O w a `D m o E •� a .Lj N E O n tia r4 v E a y V c v 0 .c �' w m m a txov s v v N a o a N ^ m E E +L 'a > m ,n ,., c v Q m c ro i v t �. t m a p m p Y2i — c s m Y b.0 Q; a +a+ C a V '>O Y O G�0 O O O 0 • O E i ° m o Y LL o LL n a n a n m � � 0 o f .m w V O N >• O Y 7 V i L Y t Q v > N m x 3 3 0 .Q > m o a v p a t C: .� -p N Ga Q a t N ti- . 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U s"lJ7i`. di 0 M 10 QJ u 0 0 �'„ate � � 0 C 0 � �4J "03 � cn sr dry. f sou -Ln E 0 Z C- 0 ' 0 v a r vw C ' In a � E12 u Co o3 C CL - m x04 as � •" 0 �! ° rn > 0 _ t 0 , r � 8 0 AAFFIL-1ATED LETTER OF INTENT On Behalf of Affiliated Development, we are pleased to extend this Letter of Intent (tris 1W') to lease commercial space in what will be a new development project located at the ~ rte (ss further defined Landlord. BB QOZ, LLC, a %rida limited liability company, is successors or assigns (an affiliated entity of AM t d Development, RFP/RPQ proposer) Tenant: CAFE BARiSTA. INC,, a Florida orpr ration, d/b/a Hurricane Alley Raw Bart Restaurant Site. Lots 6 and7, Block 1, "Subdivision of the Town of Boynton," as further defined in Exhibit ; and sli ancillary ry alleyways & rights of way should they be abandoned by the City of Boynton Beach RFPIRFO., Request for Proposals and Deveioper Qt.ialificafions for 11 lei Federal Highway infill Mixed-Use Redevelopment 'r j ct (RFP # 21-05), Issued July 23, 2021 by the Boynton Beach CRA Projects Landlord is submitting a proposal for the RFP/RFQ RFP/Fthat will be a mixed-use dev loprrient project with ars -story multifamily rental building, retail, restaurant and office spaces, induding a parking garage Building: Approximately 3,000square feet of first floor commercial reta it building located on the Site w'l i approximately 1,500 square fest of mezzanine space, s further defined in the attached building floor plan, which may be adjusted s required d un it the Landlord has received site plan approval from governing jurisdiction Property; Shall mean the Site and Building Use. Bar & Restaurant Base t $7,875 per monti , $94,500 per year Lease Type. lel' Initial Lease "'fern; 15 Years Renewal: One (1) 15-year E terrsron Option Rent In go 4 no/. every twn years, Purchase Option. Within 5 leans from the P ss ssIon Cate lure `Option Term")„ Tenant shall have the option to purchase the Property from Landlord for a 5,5O � capitalization rate, as determined by the calculation as stated herein (the .,Sale Price Calculation"), During the Option Term, Tenant shall notify Landlord in writing of mart electing to exercise the Purchase Option (the, ., ! NW 3rd Ave., Ste 104 r" rt Laked rdal , FL 3331'1 4954)953-6733 ATED b VE . R N "F-lurchase Option N trop"), The Purchases potion Notion shall include (a) the Sale Prion Caicul tion, (b)the intended date of closing (which must fall within the Option Term). and (a.) proof of financing, Salo Prion Calculation shall be determined by adding the look ahead 12 months in Baso Beat, starting with the intended closing date, divided by 5.50%, Sales Tux: Palm Beach County, currently at ' ,0% Possession ate. Upon the date Landlord provides Tarrant written notice the Demised Premises has achieved a TC (temporary certificate of occupancy) from the governing authority, or similar, Landlord will work in good faith with the CRA to take possession of the Site and start construction on the Building ahead of starting construction on the remaining Project so as to minimize the finieframe between demoii hinTenant's current business location and this Possession Date sof the new Building, , Rent Effective Date-, Possession Date Prepaid Rent. 2 Months, which shall be applied to first and Inst month rent Security Deposit. $15,000.00 Design:; T n nt shall work with Landlord dein team to design the Dernised Premises to accomrnodate the Use of the Tenant Cost of the design shall be borne by the Landlord, however, any changes to the design after building. permit issuance shall be borne by Tenant- The final design n mu t be approved by Landlord and shall be in accordance with the Landlord budgets, which will be provided to Tenant Timeframes shall be established by Landlord for Tenant to make design decisions, and parties will work in good faith to ensure a mutually acceptable design will be finalized given within the allotted tirnefr mes., Excess,ive design costs will be borne by Tenant. Landlord Work; Landlord shall deliver tl°o space to a vanilla shell condition, which shall mean that the space will have the follow i'ng: HVAC, concrete slab floor, ready-to-paint walls, electrical outlets, primary lighting (not decorative fixtures), plumbing stub-4n connections, bathroorns equipped with toilets and sinks, grosso trap, cooking ventilation, storefront windows and doors, standard sound proofing, exposed acrd painted ceiling, interior doorR , and any other code-required feature, The cost of Landlord Work shall be borne by the Landlord. Tenant Work, At the time all Landlord work has been completed, `tenant shall be responsible to build-ort any remaining construction (including the ro uir ornent for any ,Additions, pornnitting), Tonarit shall hire Landlord"s general contractor, or another qualified general contractor as approved b Landlord, to complete Tenant Work. Tenant shall be responsible for (but not limited to) the following improvements to the i erni ed Premises: paint, flooring (beyond concrete), file, specialty carpentry and woodwork (bar), decorative light fixtures, millwork, kitchen/bar equipment installation, low voltage, 'furniture installation, audio/visual, decorative fixtures, and all other p.; `4:3 NW 3rd t 104, Fort Lauderdale, r� ,��1 1 �� r � r�7 AAFFILIIATED work not provided by Landlord. Landlord shall provide Tenant with $200,000 allowance for ail Tenant Word:, which shall be drawn based on complete of Tenant 'Wrnr and after Landlord Work. Any Tenant Wort costing over$200,000 shall be the responsibility of the Conant, Building Signage: tenant shall work with Landlord sign company to design exterior Tenant signage, Landlord shall approval the final design for the exterior signage, The cost of the exterior buiIding signage shall be Norrie by the ` on rnt. Informatlow Tenant shall provide Tenant operating history, fin ncial statements and any° other documentation to the Landlord that is reasonably requests. Guaranty. All owners of the Tenant agree to a quaranty. Guaranty shall be lifted at the tirno cumulative rent ,payable to Landlord) exceeds the total amount of tllo Landlord Wort. Confidentiality'. Tenant n;rt ree that all information exchanged during negotiations or once this L l is complete, shall not be disclosed, disseminated, published, released or reproduced to any persien, corporate or individual, other than the officers, directors and legal consultants of the Tenant. Exclusivity-, From the date this L.Ol is fully executed, Tennant agrees to cease communication with any party interested in or participating in the F / F . In the avoidance of doubt, this moans that Tenant (and it's officers, affiliates, employees and consultants) shall not have any communication (written or verbal) relating to the Landlord, this 1-01 or the RFP/RFQ unless such communication n is approved by Landlord. Tenant agrees to publicly support the Project and Landlord in the FP/ F , and shall make all reasonable efforts to assist Landlord on being selected for the RFP/ F and obtaining all municipal approvals Tenant agrees (as business and in. personal capacity) rot to interfere with the RFPRFQ in a manner that could cause harm to the Landlord or rp�ioct, (signature page to foilo !j , Lauderdale, -6733 --"6m 3 �W 3rd Ave.,eve„ Sae �ot FL 3:3 nr ( so)9a AAFFILIATED rYrVL ' C) �x � -q1 Landlord nd Tenant shill work iro good faith to finalize a final lease agreement, consistent with the teras contained herein. Such lease, agreemend shail be finalized Within 90 days after the Landlord achieves site control for all properties necessary t accommodate the Development. This L l nd any blr ration herein shall be non-binding n subject to the execution and delivery of a mutually agreeable lease agreement, which exception to all exclusivity and c nfis errti liar provisions, Tenant Signature. Print Name', 4-1 ............. i itl l ntity Date: U l Landlord Acceptance: Printed P rue:Jett Burns gn tur . itWEntity; Manager, BFB QOZ, LLC Date; 613 NW 3T-d Ave., Ste 104, Fort L ud rrtaleFl-33 311 ( 54)953-6733 October 15, 2021 Mr. Jeff Burns Affiliated Development 613 NW 3 d Avenue, Ste 104 Fort Lauderdale, FL. 33311 RE: Expression of intent to lease approximately 2,600 square feet of office space at The Pierce, Boynton Beach mixed-use project Dear Mr. Burns: This letter is to express to you our intent on reaching an agreement with Affiliated Development to lease office space at your eventual development project,The Pierce. We are in receipt of your draft LOI and will be continuing our discussions with the objective of reaching a deal. As you know, our family has owned our insurance building and operated our business at the property for the past 100 years. With the sale of our building/property, we are now in a position where we need to identify a new home for Oyer Macoviak Insurance as we intend on keeping our business open and remaining in Boynton Beach. When we first met in 2020, we were impressed by your willingness to work with local businesses such as ours to integrate these businesses back into your project. Through Harvey, we are familiar with Affiliated Development and have gained a comfort level in your organization's ability to follow through on your promises. With that in mind, we look forward to continued dialog and wish you the best of luck in competing for the RFP. Sincerely, Robert and Christian Macoviak Oyer, Macoviak and Associates • N a � N O •O V N N •� O GE+- 4— Lee O Q L CL L %4- L O O > H � a O O •O N •� N L N Lee a •� 4A to Lee •� N ++ �C •> L O ca .> Lee O 3 CL a +� 'N > Lee E ca a N •O 3 L a 0 s a += L 4- a� > Q N a ao 3 Q ca '� N •a O •r O oLee > •� +� mLee 3 + o c w > a cLee a Lee Lee _o _o > ,> +� L L � of O O ca pA W V L X L O O �^ W J J n - uj 4-j E 0. 0 Lu • • E , L.L • J 1u a 75 (6 U' a� x 1 . C ca cn U N N � • N Ln u • N U N N W 0- ca + Q _ cn Q -32 CO Q O N 4 0 i '� -0 4-0 N !E .� � O ?: N . . _0Q i CUO U 2 _ ' (2)ce$ cin Q w 4-J O U • O coin (D m i •Q 4-0 Q Q Ln U w 4-0v • 4-0 . • . 0 4-0 i a • • .�" 4-0 . . QN • O 0 V 0 • r_ v _0 . . 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PARTIES AND PROPERTY., p LLC, a Florida limited liability company_ gi p, agrees to bray and � RARAJA'S �L INVESTMENTS, Inc.,a FloridaT_ ration 3 agrees to sell the Properly t. 4 t : dress: 101 . drlr Hwy, ntg ¢ Im Legal Descriptin: Seg 7 s and the folloWnq n6Property-AR 6�121Er cn l Erop,:rty owned by Siler and used t lv min connection with the ownershipron-of the �q t (all collectively referred to as the"PropeV on the teras and conditl rr set forth blurs 11 2. PURCHASE PRICE- °r Deposit held in escrow by: _ p -Morrison LLP _ $ 20�000.00 t ('EsGww Agent') (dmke em subjed to 14 EscrowAgent's address, 7900 Glades Rd., Boca Raton, FL Phone: 5617660011 16 (b)Additional deposit to be gads to Escrow Agent 1 thin u - days days,if left blank)after cornplation of Due Diligence Period or 17 E] Iain days after Effective Date is o ,~ ddttlorrl deposit to be made to Escrow Agent 19 wftin days(3 days,if M blank )after completion of Ones Diligence Period or See Addendum 20 within days after Effective Date 1 dTotal financing(see Paragraph __ 213 All deposits will be credited to the purchase price t closing, 24 Balance to close,.subject to adjustments and pro tions,to be paid i;95�,o{5q.0 25 via wire transfer. 0 For the purposes of this paragraph, 'c rrrpletlonn means the end of the Dire Diligence Period or upon delive4y of x Buyer's written notice f acceptability. 28 .TIME FOR ACCEPTANCE; EFFECTIVE DATE,COMPUTATION OF TIME: Unless this offer is signed by Seller 29 and oyer and an executed copy delivered to all parties on or beforeAddendum this offer 30 will be withdrawn and the deposit, If any,will be returned.The lige fo—ra—weptanceof any counter offer will b 3i 3 days from the date the counter offer is delivered. The-Effective Date'of this Contract is the date an which the 2 last one of the Sell.er and Buyer has signed or Initialed and deli sr d this offer or the final counter offer or 33 - see Addendum . Calendar days will be used when compuflngtime periods,except,time periods of 34 days or less.Time periods of 5 days or less will be computed without including Saturday,Sunday,or national legal 5 holidays.Any time period eroding on a Saturday, Sunday,or national legal holiday will extend until :tag p.m.of the next 36 business day. Time is of the essence In this Contract 7 4. CLOSING DATE AND LOCATION: 38 Closing ate; This transaction will be closed rare _ see Addendum (Closing Dates unless so specifically "ended by other provisionsf this ontr t. Th; Closing Date will prevail over all other time periods 40 in lig l eu f limited to,Financing and Due 131 rr� periods.In thevent insurance underwriting is suspended S Y4arjd err f acknowledge receipt of f thispage,which is page I Wages. CO-5 Rev 9#'r7 r rRealtoW I.w Form implicky 41 on Closing Date and Buyer is unable to obtain property ins uion ce, Buyer may postpone closing up to 5 days after 42 the insurance uride rwrifing suspension is Uteri. 44' 3 (b)Location, Closing will take place inCounty, Florldsa(If left blank,closing will take-Dface in the 44 county wthe here propel is located.) sing may be conducted by mail or electronic means, 45 5�THIRD PARTY FINANCING: 46 BUYER'S OBLIGATIM On or before_.days(6 days if left blank)after Effective Date, Buyer Mil apply for third 47 party financing in an amount not to exceed_%of the purchase price or with a fixed 48 interest rate not to exceed_% per year with an initial variable interest rate not to exceed—%,with points or 49 commitment or loan fees not to exceed0/ _ *of the principal amount, for a term of—years,and amortized W over—years,with additional terms as follows., 5'2 Buyer will timely provide any and all credit,emply ment, financial and other information reasonably required by any 53 lender. BuYer will use good faith and reasonable diligence to(i)obtain Loan Approval within_days(45 days if left 54 blank)ftDm Effective Date(Loan Approval Date),(11)safisfy terms and conditions of the Loan Approval,and(111)close r)a Me loan. Buyer will keep Seller and Broker fully informed about loan Wfication status and authorizes the mortgage 56 broker and lender to disclose all such infOrMation to Seller and Broker, Buyer will notify Seiler immediately upon 57 obldining financing or being rejected by a lender. CANCELLATION: If"er, after using good faith and reasonable 6a diligence,'falls to obtain Loan Approval by Loan Approval Date, Buyer may within days(3 days if left blank) deliver written notice to Seller stating Buyer efther waives this financing contingency or cancels this Contract. so If Buyer does neither,then Sellier may cancel this Contract by delivering written notice to Buyer at any time thereafter. 61 Unless this financing contingency has been waived, this Contract shall remain subject to the satisfaction,by closing,of s2 tho% has conditions of Loan Approval related to tile Property. DEPOSIT(S)(for PurPoses of Paragraph 5 only). If Buyer 63 used good faith and reasonable gence brad not obtain Loan Approval by Loan Approval Date and e,4 thereafter ether party elects to cance,I this Contract as set forth above or the lender falls or refuses to close on or 65 before ft Closing Date without fault on Buyers part, the Deposft(s)shall be retumed to Buyer, whereupon both W parties will be released frorn 8PI further obligations under this Contract, except for obligations stated herein as surviving 67 the termination of this Contract. If neither party ele, is to terminate Ws Con ct as set forth above or Buyer fails to use 0 tra 68 good faith or reasonable diligence as set forth above, Seller will be entitled to retain the DsPosit(s)if the transaction sq does not close. For purposes of this Contract,"Loan Approval'means a statement by the lender setting forth the terms 70 and conditions upon which the lender is willing to make a particular mortgage loan to a particular buyer.Neither a pre- '71 approval letter nor a pre quallfication letter shall be deemed a Loan Approval for purposes of this Contract, 72 6.TrrLE. Seller has the lega Iceacity to and will convey marketabW title to the Property by CX I statutory warranty 73 deed 11 special warranty d other free bort 5�p tto of liens asem ants and xe es for c 74 encurnbranCes of record or known to Sef— iWthe year of closing; covenants, 75 restrictions and public utility easements of record;existing zoning and govemmental regulations; and(list any other 76 matters to which title will be subject) 77 78 pr°r id d 4hare exi.StS at closing no Violation of the foregoing and none of them prevents Buyer's intended use of the 79 Property as_ mixed-use multifa 11 e!t and gra r m 4al spa _I 48vtlS t !�!E in rking T�n M2!!�Oo corn arc p 80 (a)Evidence of Title.The party who pays the premium for the title insurance policy vAll seled the closing agent 81 and pay for the title search and closing services.Seller will,at(check one E!sellees El Buys a 82 within days after Effective Date or at least days before losing e expense and g Date deliver to Buyer(check one see Adden (i)�a btk--insurance commitment by a f=lorid ;fc7ensed title insurer setting forth those MaIters to be discharged by Seller at or before Closing and,upon Buyer recording the deed,an ownees policy in the amount of the purchase price fOr fee simple title subject only to exceptions stated above. if Buyer is paying,for the evidence of title and 86 Seller has an owner's policy,SIter will deliver a COPY to Buyer within 16 days after Effective Date.[– (Ii.)an 87 _J 88 abstract,of title, prepared or brought current by an existing abstract f1m)or cerfiffed as correct by an existing ffnn. However,if such an abstract is not available to Seller, then a prior awner's title policy acceptab le to the proposed 89 insurer as a base for reissuance of coverage may be used.The prior policy win include copies of polio gun all ficy exceptions and an update in a fonnat acceptable to Buyer from the Policy effective date and certified to Buyer or I'Z Buyer L 11 1 and Seller acknowtedge reca�pt of a copy of fts Page,Whim is Page 2 of 8 Pagm 711- cc---; R�""9117 SeriaW:W5774400161-NT3156 CO-017 Fbflda Realbm� �.-'Form 11 Simplicity 91 Buyses closing agent together with copies of all doGuments recited in ft prior policy and in the update. If such 92 an abstract or prior policy is-not available to Sailer then(L)above will b s the evidence of title, 93 (b)Title Examination:Buyer will,v"thin 15 days from receipt of the evidence of title deliver written notice to Seller 9,4 of We defects. Title will be deemed acceptable to Buyer if(1)Buyer falls to deliver proper notice of defects or(2) iseeAddenduni uyer delivers proper written notice and Seller cures the defects within_days from receipt of the notice f.'Curative Period'). Sailer shall use good faith efforts to cure the defects. If the defects are cured within the 97 Curative Period,closing vAll occur on the latter of 10 days of receipt by Buyer of notice of such cud ng or the 98 scheduled Closing Date.Sailer may elect not to cure defects if Seller reasonably believes any defect cannot be 99 cured within the Curative Period. If the defects are not cured vVithin ft Curative Period, Buyer will have 10 days 100 from receipt of notice of Sell ses inatillfty to cure the defects to elect whether to tenninate this Contract or accept 101 ti lle subject to eAsting defects and close the tri nsaction%Mthout reduction in purchase price. 102 (c)Survey, (check applicable provisions below) 10,13 [x]Seller will,within_5 days from Effective Date,deliver to Buyer copies of prior surveys, 104. plans,specifications, Wrid—engin eedng documents, if any,and the following documents relevant to this ;05 transaction., 106 see Addendum 107 prepared for Sailer or in Seller's possession,which show all currently existing structures. In the event this i0a transaction does not dose,all documents provided by Seller will be returned to Seller within 10 days from the 1019 date this Contract is terminated. 110 9 Buyer will,at Ej- Sellees 9 Buyer's expense and within the time period allowed to deliver and examine III title evidence,obtain a current certffied survey of the Property from a registered surveyor. If the survey reveals 112 encroachments an the Property or that the improvements encroach on the lands of another,E] Buyer will 11-3 accept the Property with existing encroachme nts Z such encroachments will constWe atiffe defect to be 114 cured,within the Curative Period, 115 (d)Ingress and Egress: Seller warrants that the Property presently has ingress and egress- 116 7. PROPERTY CONDITION:Seller will deliver the Property to Buyer at the time agreed in its present"as is'condition, 117 ordinary wear and tear excepted,and will maintain the landscaping and grounds in a comparable condition. Seller 118 makes no warranties other than marketability of title. In the event that the condition of the Property has materially 119 changed siris e the expiration of the Due Diligence Period, Buyer may elect to terminate the Contract and receive a 120 refund of any and all deposits paid, plus interest,it applicable,or require Seiler to regi m the Property to the required 121 condition existing as of the end of Due Diligence period,the cost of which is not to exceed (1.5%of 122 the purchase price, if left blank).By accepting the Property"as is', Buyer waives all claims against Seller for any 123 defects in the Property, (Check(a)or(b)) 124 El (a)As Is, Buyer has inspected the Property or waives any right to inspect and accepts the Property in its"as is' 125 condition. 'Wd- --------'7 %ee A &endurn 126 (b)Due Diligence Period, Buyer will,at Buyees expense and within days from Effective Date("Due 127 Diligence Period"), determine whether the Property is suitable,in Buys sole and absolute discretion. During the 128 terrn of this Contract Buyer may conduct any tests, analyses, surveys and investigations Cinspectionsm)which 129 Buyer deems necess"to date ins to Buyees satisfaction the Propertys engineering, architectural, 130 environmental pry pertles,-zoning and zoning restrictions',flood zone designation and restrictions;subdivision 131 regulations;soil and grade, avallablIlly of access to public roads,water,and other utilities; consistency with local, 132 state and regional growth management and comprehensive land use plans; availability of permits,government 133 approvals and licenses',compliance with American with Disabilities Act;absence of asbestos, it and ground '4134 water contamination;and other inspections that Buyer deems appropriate. Buyer will deliver written notice to 135 Seller prior to the expiratim of the Due Diligence Period of Buyees determination of whether or not the,Property 136 is acceptable. Buyers failure to comply with this notice requirement wil I constitute acceptance of the Property in 137 its present"as is'condition.Seller grants to Buyer, its agents, contractors and assigns,the right to enter the 138 Property at any time during the to of this Contract for the purpose of conducting Inspections, upon reasonable 4.39 notice, at a mutually agreed uon fime;provided, however,that Buyer, its agents,contractors and assigns enter 140 the Prop"and conduct Inspections at their own risk. Buyer will indemnify and hold Sailer harmless from 141 losses,damages,costs, claims and expenses of any nature,including attorneys'fees at all levels,and from 142 liability to any person, arising from the conduct of any and all inspections or any work authorized by Buyer. Buyer 143 Will not engage in any activity that could result in a mechanic's lien being filed against the Property Without 144 saileesPrIbr wfiften consent. In the event this transaction does not close, (1)Buyer will repair all damages to the and Seftr acknolMedge Axeipt of a copy of this page,whidi is Page 3 of 8 Page& Buy, f)C 9117 Form SimpNcity 145 Property resulting from the Inspections and return the Property to the condition it was in prier to conduct f the 146 Inspections,and( )Buyer will,atBuyer's expense release to Seller all reports and other work generated as. 14 result of ft Inspections. Should Buyer d Wer timely notice that the Properly is not acceptable, Seller agrees that: 148 Buyees deposit will be immediately returned to Buyer and the Contract terminated. 149 ( t alk-through Inspection. Buyer may,ort thee day prior to closing or any other time nnAually agreeable to the 150 parties„ conduct a final -throu9V inspecUon of the Propel to determine compliance with this paragraph and 151 to ensure that all Property is on the premises, 152 S. OPERATION PROPERTY DURINGPERIOD., Seller will continue operate the Property acrd r�ny r busin ss c nd ed o the Property in the manner operated prior to Contract and will tale no action that world 154 adversely impact the Propel after closing,as to tenants, lenders or business,if any,Any changes,such as renting 155 vacant space,that materially affect the Droperty or Buyer's intended use of the Property will.be pe fitted g only with tss Buyer's consentwithout dry yes consent. 157 �CLOSING PROCEDURE, Unless otherwise agreed or stated herein, closing procedure shall be in accordance with 158 the norms where the Propel is located. 159 ( Possession and Occupancy,Seller will deliver possession and occupancy of the Propel to Buyer at ISO closing,Seller will provide keys°rewrote controls,and any securit-1ss codes necessary to operate all locks, 11 mailbox P „and security systems, t ( a Buyer YAH payBuyer's attorneys,fees,taxes and recording fees on notes, mortgages and financing °rss statements and r rdlrag fees for the deed, Seller vAII pay Sellses attorneys,fees,taxes on the deed and recording fees for documents needed to cum title def ss if Seller Is obligated to discharge any encumbrance t or 16prior to closing and fails to do so„ Buyer may use purchase proceeds to satisfythe encumbrances. 16 ( Documents: Seller will provide the deed;hill of sale; rn chanic„s lieu affidavit-, originals of those assignable 167 service and maintenance contracts that will be assumed by Buyer atter the Closing Date and lefters to each ISO service contractor torn Seller advising each of thein of the sale of the Property and, if applicable,the transfer of its 169 contract, and any assignable warranties or guarantees recelved or held by Seller from any manufacturer, 170 contractor,subcontractor,or material supplier in connection with ther l current piss of the condominium 171 documents,if applicable,assignments of leases, updated rent roll,tenant at, lender estoppels letters(If 172 applicable);tenant subordination, n n-disturb n and attornment agreements(SND required by the Buyer or 173 Dryer's leader,assignments of permits and lice ns -, corrective Instruments;and letters notifying tenants of the 174 change in ownership/rental aqent. If any tenant refuses to execute an estoppels letter, Seller, if requested by the 175 Buyerin writing,will certify that information regarding the tenant's lease is corrects If Seller is an entity, Seller will °yrs deliver a r sOlration of its governing authority authorizing the sale and delivery of the deed and certification by the 177 appropriate party certifying the resoi tion and setting forth facts showing the conveyance conforms to the 178 requirements of local law.Seller will transfer s rit deposits to Buyer, Buyar will provide the closing statement, t mortgages and notes,security agreements, and financing statements. 160 ( Taxes and rorations: Real estate t e-s„ pens n l property es on any tangible,personal prop , bond 181 payments assumed by Buyer, interest„ rents(based on actual collected rents),association dues,insurance 182 premiums acceptable to Buyer,and operating expenses will be prorated through the day before closing... if the 183 amount of taxes for the current year cannot be ascertained, rates for the previous year wilI be used with dire 184 allowance being made for improvements and exemptions.Any tax proration based on an estimate will,at request 185 of either paw, be readjusted upon receipt of caret year's tax bill,this provision will survive closing. is (e) Special AssessmentLions: Certified, confirmed,and ratified Special assessment liens as of the Closing Date 187 will be paid by Seller, If a certified,confirmed, and ratify special assessment is payable in installments, Seller Y411 IN pay all installments dire and payable on or before the Closing Date,with any installment for any period extending 189 beyond the Closing Date,prorated,and Buyer will assume all installments that become due and payable after the 19Closing Date. Ewyer v011 be responsible for all assessments of any kind which become due and owing iffier Closing 191 Date, unless ars improvement is substantially completed as of Closing Date. If an improvement is substantially 192 completed as of the Closing Date bort has not resu t in a lieu before closing,Seller It pay the amount of the last 193 estimate Of the assessment This subsection applies to special assessment liens imposed by a public body and 194 does not apply to condominium association special rise rents. 195 M Foreign Investment in Real Property Tax Act( I p ” )n If Seller is a'foreign parson'as dented by FIRPTA, 19Seller and er agree to comply vVith Secfion 1445 of the internal Revenue Code. Seller and Buyer will asp corr and liver as directed any Instrument,affidavit,or statement reasonably neo ss ry to comply ande r r } a edge apt of a copy of t1is pages which i Page 4 or Popp. Rm W17 €orm Simplicity with the FIRPTA requirements, i l ding dsiiv f their respective federal taxpayer identification numbers or, Social Security mb rrs to the closing agent, If Buyer does not pay sufficient cash at closing to meet the 00 withholding requirement,Seller ill deliver to Buyer at closing the additional cash nemsessari to satisfy the 2DI requirement. 202 10.ESQ .Seller and Buyer authorize Escrow Aged or Closing Agent(collectively' ")to receive, 203 ds sit,and hold funds and other property in escrow and,subject to Collection,disburse them in accordance with the 204 teras of this Contract.The parties agree that Agent will not be liable to any person for misdelivery of escrowed items t 205 Seller or Buyer,armless ft misdelivery is due to AgenfsX I i breach of this Contract or gross negligence. if Agent 206 has doubt as to ant's duties r obligations under this Contract,Agent may, at Agent's option, )hold the escrowed 207 iters until the parties mutually agree to ft disbursement or until a court of competent jurisdiction or arbitrator 208 determines the rights of the parties or b)deposit the escrowed items with the of the court having jurisdiction over 209 the matter and file an action in interpleader. Upon notifying the parties of such ction,Agent will be released frog all 10 liability except for the duty to account for items previously delivered out of escrow. If Agent is s licensed real estate tt broker,Agent will comply with Chapter 475, Floridat tut s. to any wait in which Agent interpleads the escrowed items 212 or is made a party because of acting as Agent hereunder, Agent Will recover reasonable attorney's fess and costs 213 incurred,with these amounts to be paid from and out of the escrowed iterns and charged nd awarded as court costs 214 in for of the prevailing parity, its t ®CURE PERIOD. Prior to any clams for default being made,a party will have an opportunity to arra any alleged 216 default If a party fails to comply with any provision of this Contract,the other party will deliver written notice to the non- 217 cam,plying party specifying the non-compliance.The non-complying party will have days(6 days if left blank)after 21s delivery of such notice to cure the non-compliance. Notice and cure shall not apply to failure to close. 21 ; Buyer or Seller shall not be required to prf .rm any obligation under this Contract or be liable 220 to each other for damages so kang as performance or non-performance of the obligation, or the availability of services, 221 insurance, or required approvals essential to Closing, is disrupted,delayed, caused or prevented by Force Majeure. 2.22 "Force Moeurem,,means:hurricanes,floods, extrame,weather,earthquakes,firs, or other acts of God, unusual 223 transportation delays, or wars, insurrections, or acts of terrorism,which, by exercise of reasonable diligent effort, the 224 non-performing party is unable in whole or in part to prevent or overcome.All firne periods, including Closing Date,will 2.2-5 be extended a reasonable time app to 7 days after the Force Majeure no longer prevents performance under this M2 Contract,provided, however,if such Force Majeure continues to prevent performance under this Contract more ilei, 227 30 days beyond Closing Date,their either party may terminate this Contract by delivering written notice to the rather 228 and the Deposit shall be refunded to Btryer,theretry releasing er and Seller from aft further obligations under fie Contract. 13.RETURN OF DEPOSIT. Unless otherwise specified in the Contract, in the event any condition of this Contract is 230 not met and Buyer has timely,given any required notice regarding the condition having not been met, Buyer's deposit ill be rekirned in accordance i °a applicable Florida Laws and regulations, 232 14.DEFAULT: 233 ) In the event the sale is net closed due to any default of failure on the part at Seller other their failure to make 234 the title marketable after diligent effort, Buyer may elect to receive return rn f Buyersdeposit without thereby 236 waiving any actionford ages resulting from elles breach and may seep to recover such damages or seek las specific performance. If Buyer elects a deposit refund, Seller may be liable to Broker for the full amount of the 237 brokerage se 238 In the event the sale is not closed due to any default or failure on the part of Buyer,Seller may either(t 239 retain all deposit(s)paid or agreed to be paid by Buyer as agreed upon liquidated damages,consideration for the 240 execution of this Contract, and In full settlement of any claims, upon which this Contract will terminate or( )seek 241 specific performance. If Buyer falls to timely place a deposit as repaired by this Contract, Seiler may either t j 242 terminate the Contract and seek the remedy outlined in this subparagraph or(2)proceed with the Contract without 243 waiving any remedy for Buyees default. 244 15, FEES AND COSTS: In any claim or controversy arising out of or relating to this Contract,the 24,15 prevailing party,which for purposes of this provision will include Buyer, Seller and Broker,will be warded reasonable 246 raieys`fees,costs,and expenses. 247 16.NOTICES.All notices will be in writing and may be delivered by,nail,overnight courier, personal delivery,or 248 electronic means.Parties agree to send all notices to addresses specified o the signature page(s).Argy notice, document,or,ileus giver,by or delivered to an attorney or real estate licensee in l ding a transaction broker) 250 repres n lra ,°i party will be as effective ss if given by or delivered to that party. ,Y, y!) and Seller 1 C__acknGvAedge rempt of a copy of this page„which is,sage 5 of s pageso u f 02017 Flaiidarare Form €mpilcit 251 17.DISCLOSURES: 252 (a)Commercial Real Estate Sales Commission Lion Act The Florida Commercial Real Estate Sales 253 Commission Lien Act provides that a broker has a lien upon the ownees net proceeds from the sale of 254 commercial real estate,for any commission eamed by the broker under a brokerage agreement The lien upon the 255 owner's not proceeds is a lisp upon personal propel which afteches e wn es n pro ed grid draw not 256 to th 0 a et r ce s a o attach to any interest in real property.This lien right cannot be waived before the commission is earned, 257 (b) Special Assessment Lions frapossd by Public Body: The PrOPOdY May be subject to, unpaid special 258 BsSeSsrnetit fien(s) imposed by a public body. (A public body includes a Comrnun4 Development District.)Such 25-af liens, If any,shall be paid as set forth In Paragraph 9(e). 260 (c) Radon Gas: Radon is a naturally occurring radioactive gas hat, when It has accumulated in a bu ding n 261 11 1 g 1 sufficient quantities, may present health risks to Persons who are exposed to it mer time. Levels of radon that 262 exceed federal and state guidelines have been found in buildings in Florida.Additional Information regarding radon 263 and radon testing may be obtained from YoLW county public heaith unit, 264 (d) Eng fgy-Efficis ncy Rating Information: Buyer acknowledges receipt of the info tion brochure required by Section 553.996, Florida Statijtas. 266 18.RISK OF LOSS. 287 (a) If,after the Effective Date and before closing,te Property IS damaged by fire or other casualty, Seller will 268 bear the ftk of loss and Buyer may cancel this Contract without liability and the deperit(s)will be r8turned to 269 Buyer.Alternatively, Buyer VAH have the option of purchasing the Propert h ag a d up 270 Seller Will credit the dad Uctible, if any and transfer to Buyer at closing a a t 0 r 6 On purChase price and 271 ny insurance proceeds,or sellees cfaim to any in proceeds payable for the darnage.SGIler will cooperate with and assist Buyer in collecting any 272 such proceed& Seller shall not settle any insurance claim for damage caused by casualty Mthout the consent of 273 the Buyer. 274 W If, after the Effective,Date and before dosing,any part of the ProPerty k n n ndern . nor nd r taking will be pending or threatened, Buyer may cancel this 2175 right of eminent domain, or proceedings for such is ta 0 1 00 Patio u e the 276 Contract Writhout liability and the dap it( will be returned totuyer.Alternatively,Buyer will have the option of AR purchasing what is left of the Property at the agreed Upon Purchase price and Seller will transfer to the Buyer at 278 closing the proceeds of any award, or Selleft clairn to any award payable for the taking, Seller will cooperate 27q with and assist Buyer in collecting any suMh award. 280 19 ASSIGNABILITY;PERSONS BOUND: This Contract may be assigned to a related entity,and otherofte E]is not 281 assignable Z is assignable. If this Contract may be assigned,Buyer shall deliver 282 ttha copy of thG assignment a re m apt o e Seller at least 15 days Prior to Closing. The terms "Buyer,""Seller"and'Broker' g 0 a ves, sora and assigns(if 283 Contract is binding upon Buyerlir rd their , Seeaheirs,personal representaf May he singular or plural. 'This 284 assignment is permitted). 285 20.MISCELLANEOUS: The terms of this Contract constitute the entire agreement between Buyer nd Seller. 286 Modifications of this Contract will not be binding unless in writing, signed and delivered by the party a s referenced in this Contract, Dounte.Tarts and written modifications communicated 287 Signatures,inifials,document, to be bound, 288 electrordeally or on paper will be acceptable for all purposes, including delivery,and will be binding. Handv itten or act prevail over preprinted teans. If any Provision of this Contract 289 typewritten terms insetted in OF attached to this Contr' a 290 is Or becomes invalid or unenforceable, all remaining provisions will continue to be My effective.This Contract will be 291 construed under Florida law and will not be recorded in SnY Public records. 292 21.BROKERS. Neither Seller nor Buyer has used the services of, or for any other reason owes Compensation to,a 293 licensed real estate Broker other than., 294 (a)Bellew Broken 295 (G—Pany Name) (Licensee) Addrwz,Tehons,Fax pap) 296 W4110 is a SirGle a no nt El is a transaction broker 0 has brokerage relationship and wfi ho vWbe compensated by 297 El Saller 0 Bljye,r I both parties pursuaritto 0 a listing agreement[I other(sper4) 298 300 Jb)Buyers Broker. 3DI (Company Nam) (Licensee) �Addmss,Te�aphon-a,Fax,E-tnafl) U and SeHer C--j acknovAedge rec6pt of a Mpy of this page,which Is Flage 6 of a pmps, S."W,88577,A44 m-omln C2017 RaWa RaaPw-641 Form V Sirnplicity 307 who 0 is a single a nt[]is a transaction brokerE]has no brokera e relationship and who will be compensated by 303 Seller's Broker 1i Seller[:1 BuyerEl both parties pursuant to Nan MLS,offer of compensationE]other(spe*) 304 305 (collectively referred to as"Broker")in connection with any act relating to the Property,including but not limited to 306 inquiries, introductions, consultations,and negotiations resulting in this transaction. Seller and Buyer agree to 307 indemnify and hold Broker hess from and against losses,damages,costs and expenses of any kind,including 308 reasonable attorneys'fees.at all levels,and from liability tD any person,arising from(1)compensation claimed which Is we inconsistent With the representation in this Paragraph,(2)enforcement action to colfect a brokerage fee pursuant to 310 Paragraph 10, (3)any duty accepted by Broker at the request of Seiler or Buyer,which is beyond the scope of 311 services regulated by Chapter 475,Florida Statutes, as amended,or(4)recommendations of or services provided and 312 expenses incurred by any t party whom Broker refers, recommends,or retains for or on behalf of Seller or Buyer, 313 22. OPTIONAL CLAUSES., (Check if any of the following clauses are applicable and are attached as an addendum to 314 this Contract): 315 (A)Arbitration (E)Seller Warranty (1)Existing Mortgage 316 (B)Section 1031 Exchange (F)Coastal Construction Control UO(J)Buyer's Attorney Approval 317 (C)Property Inspection and Repair (G)Flood Area Hazard Zone [](K)Seller's Attorney Approval 318 (D)Seller Representations (H)Seiler Financing ther see Addendum 319 23.ADDITIONAL TERMS: 320 321 322 323 324. 325 327 328 329 330 331 332 333 334 335 3W 337 338 339 341 342 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.IF NOT FULLY UNDERSTOOD,SEEK THE 343 ADVICE OF AN ATTORNEY PRIOR TO SIGNING. BROKER ADVISES BUYER AND SELLER TO VERIFY ALL 344 FACTS AND REPRESENTATIONS THAT ARE IMPORTANT TO THEM AND TO CONSULT AN APPROPRIATE 345 PROFESSIONAL FOR LEGAL ADVICE(FOR EXAMPLE,INTERPRETING CONTRACTS,DETERMINING THE 3" EFFECT OF LAWRANSACTI S ON THE PROPERTY AND TON,STATUS OF TITLE, FOREIGN INVESTOR 347 REPORTINGREQUIREMENTS,ETC.)AND FOR TITION,ENVIRONMENTAL AND OTHER Buyer ��C )and Seller CL Lj acknowledge receipt of a copy of this page,which is Page 7 of 8 Pages. CC-5 RevW17 =17 Florida Pgdtwvv -'Form simplicity 348 ADVICE. BUYER ACKNOWLEDGES THAT BROKER DOES NOT OCCUPY THE PROPERTY THAT ALL 349 REPRESENTATIONS(ORAL,WRI77EN OR OTHERWISE) LL ER 350 REPRESENTATIONS OR PUBLIC RECORDS UNLESS INDICATES L VERIFICATION 351 THE REPRESENTATION. Y TO RELYSOLELY LL , PROFESSIONAL INSPECTORS 352 GOVERNMENTAL AGENCIES FOR VERIFICATIONTHE T CONDITION, SQUARE FOOTAGE 353 FACTS THAT MATERIALLY AFFECT PROPERTY VALUE. 354 Each person signing this Contract on behalf of a party that is a business entity represents and warrants to the other 355 party that such signator has Bill power and authority to enter into and perform this Contract in accordance with its 358 terms and each person executing this Contract and other documents on behalf of such party has been duly authorized 357 to do 4.r a 358 - . Data Ignator of i= yr 359 _ , __ Ta: 9�Ido. p d r l rdflt d Nama Uye'r 3co Title: Manager 5� , ,_ Date ( ignatur of Bayer 362 _ .. .�__ ..._ _.,.,... Tai l No.:363 Ty or Print d Nampo of I yet. ltio° Telephone. 864 Buyer'sAddress for purpose of notion ...- ............... 365 Facsimile 3-6 gna r"e - S eller 7 a Tax ID (Typed y ro . rintod fa °f of liar ro , 868 Titin; Pk " _ Telephone: 5-?-;/ _ Z - -- _.__., (Signature of§'lien 370 �.., Tax lo.: ._.. d or Printed Barrio of Seller) __ 371 Title: , ......... Telephone.-- . 3372 Seller's Address for purpose of notice: 373 Facsimile: i=asilo. - Email, Florida REALTOW makes no representawn as to the legal validity or adequacy of any provision of this form in any specific tr-ar€saction,This standardized form should not be used in complex transactions or with extensive riders or additions.This form is available for use by the entire real estate industry and is not intended to iderifily the user as REALTOW,R 1LTOW,is a registered collective membership mark which may be used only by real estate licensees who are members of file NATIONAL ASSOCIATION OF REALTORS"'and who subscribe to its Code of Ethics_The copyright laves€f united States(17 U.S.Cede)fca tad the unauthorized reproduction.of this form by any means including faosiMUB or GOMPW067ad io€rrts. Buyer f t ;;( and seller f (_— acknowledge receipt of a copy€f this page,which is Page 8 of 8 Pages. CC-5 Rear 9117 Sarlal#: 6?i"TY 161 173ts6 42 17 Florida Reaitorsv .Fo rM ADDENDUM TO CONLYIERCIAL CONTRACT' THIS ADDENDUM TO COMMERCIALCONTRACT (the "Adderichnn") entered iritc,, this (IM/ of 2_10219 (the "Effective Date"), and et -,veen . "JA',S FATV-11LY by (4fie"''Seller")and BBQ0Z,L1,C,aF1orida HmItted liabi[43, company (the "'Buyer"). Seller and Buyer are hereby coilectively refet-red to as the "Pand "" and each., individually, a"Party." WITNESSETH: WHEREAS,simultaneously with the execution of this A.Adendum, Seller and Buyer are enterlDg into that cerfain Commercial Contract,with an effeefive date of 202 t (the"Contract"'. to3 - Lreeme�,nt) fior the sale of that certain reatogether with this Addendurni-, hereinafter collective1v he "A._1___ propeity located in Palm Beach County, Florida, as n-mire particularly described in the Contract and in this Addendurn.- and WHEMC AS, the Paities, are desirous of enterina into this Addendtan to further docurnent thpir a-reement with respect to tlhie sale and purefiase of the Property(as dof Iryetl helow), NOW THEREF'ORE, in consideration of iii premises and mutual, coveriants and premises h,ereinafter corittarned and the sum of Ten and Noll 00 Dollars ($10,00" and other good and valuable coil s;derafion, the -eceipt and sufficiency of which is hereby acknoxvledged, the Parties heret)-y aggree as I Recitals. Thefbreg�aing Recitals are True and correct and are incorporated herein as if repeated at length. Unless the context olhervvise requires, all initial capitalized terms used bm not defitned in tains,Addendum shall Iliave the meaning or meanings given to such terms in the Contract. This Addendum shall be deemerd a earl of but shall rake precedence o-verarid shall supersede any provisions to the contrar:�,,,- contai.-ned in the Contraer. All references in fids Addendum di al be deeixied to refer to, the Contract as fn,odifiied by this Addenchim. unless the coritext otherwise requires. 2, EroRer e With respect to the real prope-ny which is the sub ect of the Cerins of the Agre,ement..Seller represents thattlie legal dcscriptiori,of said real prose Ay and other information regarding such real propeny are, as set, foith on E.-Khib-it "'A-l" attached herein the hereinafter the Notwithstanding arry provision of the Contrac! or this Addendum to the consraiY�, the legal desciiption of the Property is subJect to revision arid update during Buyer's Due Diliggence Period to ensure itsaiccuracy, The Property shall inctude: (a) all rights and appuTtenances thereto-, includin- wig rights, title: and interests of Seiler in and to aciacent streets, alleys or riglits-of-way, deveiopment rights, use rights,miner rights, strips,gores,eascinents, priviieges,tights-of-wa-$r riparian and otter water rights,nghts lo lands underlying any aqjacent streets or roads, if any (such rights and appurtenances, are hcreinarftet collectively referred to ,as thi`g dii I i is and (b) all stnuctures. fixtures and ill-he" improvements afffixed to and/or located tipon the Propeityt if any (uhe preceding items in subparagraph (b) are, hereinafter Collectively referred to PtY�). "Elie Properrv, Appuftenances and It. provern n ., i as the "hnVP2Le1V_C n ets. f any, are hereinafter collectively referred to in the Agreemenftis the"PrOne-f-v " AL 3. Re i�oeO ts. The initiaJ deposit of Twenty, Thousand and 001"100 Dollars ($20,000,00) (tine "Initi d Del and the Additional Deposit(as defined herein)is hereinafter refierred to as the he Deposit shall be deposited with Kapp MotTison LLP("Escrow Agent"') vvithin two basin essdkys after the Effective Date, After the expiration of the Due Diligence Perikr-,d, if'Buyer has not tenninated this Addenduin tct Commercial Ganixact ?a_ge I of 12 I-M7100 Contract, the additional amount of Thirty Thousand and 001100 Dollars ($30,000,00) (the "Additional De O—Sit") shall be deposited with the Escrow Agent, 4. Closin . Notwithstanding any provision in the Contract to the,contrary,the provisions of this Section 4 shall supersede and control with respect to the terms of the Closing, 4.1 l tr,F I l . The closing of the transaction contemplated by the Agreement(the Closing") shall occur thirty (30) days after Buyer obtains the Required A'pprovals (hereinafter defined)(the"Closln" Date"), 4.2 Conditi �-Precedem: ,0 t( cif . The obligation of Buyer to consummate the transaction hereunder shall be subject to the "fulfillment on or before the Closing Date of all of the following conditions, any or all of which may be waived by Buyer in its sole discretion,provided such waiver is in writing: (a) All of the representations and warranties of Seller contained in the Agreement shall be true and correct in all material respects as of the Closing Date; (b) Seller shall have satisfied all Title Objections which Seller elected to cure, if any, and the Required Cure Items(hereinafter defined): (c) Seller shall have delivered to Buyer a Certificate of Compliance from the Florida Department of Revenue as provided for in Section 213.758(4)(a)].a, Florida Statutes; provided, however, actually receiving and delivering the Certificate of Compliance shall not be a requirement or condition precedent to any party's obligation to proceed with Closing pursuant to this Contract, but if the Certificate of Compliance is not obtained, Seller shall fndernni6,Buyer from any and all unpaid sales taxliabilities arising during Seller's period of ownership of the Property; (d) If required by Buyer's lender, Seller shall have delivered, in form and substance reasonably acceptable to Buyer and Buyer's lender,an estoppel certificate and a subordination, non-disturbance and attornment agreement from the tenant at the Property, dated not more than thirty(30)days prior to the Closing Date; Intentionally deleted-, Buyer shall have obtained the Required Approvals; and W Seller shall have performed and observed, in all material respects, all covenants and agreements of the Agreement to be performed and observed by Seller as of the Closing Date, If any condition precedent set forth in the foregoing Section 4.2 is not satisfied as of the Closing Date (or within the time frame specifically set forth in such clause), and Buyer elects, in Buyer's sole and absolute discretion, not to waive such condition precedent, then Buyer shall have the right to either: (i) to urate this Agreement by written notice to Seller, in which event the Deposit shall be right to Buyer and this Agreement shall be null and void and neither party shall have any further rights or obligations under this Agreement except those which expressly sur%,ive,termination; or(ii) extend the Closing Date until such condition precedent is satisfied. 5 'itle Insurance and Costs.N ot%N,ith standing any provision in the Contract to the contrary, the Parties agree to the following which shall supersede Section 6 of the Contract, 5J The Parties acknowledge and agree that Buyer shall pay the fee(s) for the title examination and the Title Commitment and the premium for the Title Policy and Buyer Shall desiiate the title company and the title agent for this transaction (Trill C m- 91 Upon Seller providing Buyer with a prior title policy with respect to the Property, Buyer shall Cause Title Addendum to Commercial Contract Page 2 of 12 17537100 Company to order a title insurance commitment issued by a Florida licensed title insurer, with legible copies of instruments listed as exceptions thereto ("Title Commitment"). Upon the recordation of the deed transferring the Property from Seller to Buyer, an owner's policy of title insurance in the amount of the Purchase Price, subject only to those exceptions set forth herein shall be issued to Buyer by Title Company (the "Title Folic;" , It shall be a condition to (Buyer's obligation to close that such, Title Policy be insurable at regular promulgated Florida rates by the Title Company of an ALTA 0%wicr's Policy of Title Insurance covering the Property, with such additional coverage and endorsements as Buyer may require the cost of which endorsements shall be paid by Buyer),in the full amount of the Purchase Price, including any simultaneous issue which Buyer may request. 5.2 If the Title Commitment reflects that title to the Property is subject to any exceptions that are objectionable to Buyer, in Buyer's sole and absolute discretion (the "Title Qb jpetiops"), then Buyer shall notify Seller in writing of the Title Objections to which Buyer objects at least fifteen (15) days prior to the expiration of the Due Diligence Period (the "Title Notice"). In the event Seller is unable or unwilling to eliminate all of the Title Objections, Seller shall notify-Buyer as to the specific Title Objections which Seller is unable or unwilling to remove in writing at least five (5) days prior to the expiration of the Due Diligence Period (the "Notice Period")(it being the understanding that the failure of the Seller to provide such a notice shall be deemed to be Seller's election not to eliminate or modify any of the Title Objections), and Buyer may either (i)terminate the Agreement by delivering written notice thereof to Seller and Escrow Agent, and in the event of such termination by Buyer, the Deposit shall promptly be returned to Buyer by Escrow Agent without further authorization by Seller as provided herein, or(ii) waive Buyer's objections to such title matters and in such event, such title matters (excluding any Required Cure Items, as defined below) shall be deemed Permitted Exceptions (it being the understanding that the failure of the Buyer to elect either(i)or(ii)shall be deemed to be its election of(ii)). If Buyer fails to deliver notice of the Title Objections within the applicable period required above, then it shall have waived its tight to object to same and shall proceed to Closing as hereinafter provided (subject to the other terms of the Agreement). Notwithstanding anything to the contrary in the Agreement, Seller shall be obligated at or prior to Closing to cause the satisfaction and/or release off- (A)the liens of any financing obtained by Seller which are secured by the Property, (B) monetary liens that arise by through or under Seller, (C) encumbrances voluntarily recorded by Seller or otherwise placed or permitted to be placed by Seller against tile Property on or following the Effective Date to the extent not consented to in writing by Buyer,(D) judgment liens, each caused by Seller, and (E) any other monetary liens that arise by through or under Seller(excluding those described in clauses(A)through (E)above) (with Seller having the right to apply the Purchase Price or a portion thereof for such purpose)(the"Req g'ired Cure'Items"). -' Seller shall have the obligation to satisfj7, release, or cure any such Title Objections which Seller elects to cure (in accordance with the above) and Required Cure Items at any time prior to or concurrently with Closing(as defined below)and with respect to any Title Objections which Seller (provided, if concurrently with Closing, as defined below, Title Company may issue the Owner's Policy with such Required Cure Items and Title Olt ections being satisfied at such time). Notwithstanding the foregoing, Seller shall not be required to commence litigation to cure the Required Cure Items. All costs and fees associated with satisfying, releasing or curing the Title Ob.ections which Seller elects to cure (in accordance with the above) and Required Cure Items shall be borne by the Seller. If Seller is obligated to discharge any Title Objections which Seller elects to cure(in accordance with the above)and Required Cure.Items prior to Closing(as defined below) and fails to, do so and/or does not make arrangement for such to be satisfied concurrently with Closing(as defined below), Buyer shall have the right, but not the obligation,to use Seller's proceeds from the P=hase Price to satisfy any such Title Objections and Seller hereby consents Addend tun to Commercial Contract Page 3 of 12 1753710 0 to such and directs Title Company to do so; if the proceeds frorn the Purchase Price are insufficient to satisfy, such Title Objections or if the Title Objections are not curable solely by the payment of money,without resorting to litigatiorL Buyer may terminate this Agreement in which event Escrow Agent shall promptly refund the Deposit to Buyer together with reimbursement for Buyers out of pocket costs incurred in connection with this transaction up to a maximum a-mount of$10€1,000, During the Due Diligence Period (as hereinafter defined), Buyer shall have the right at Buyer's sole cost and expense, to obtain a survey ("5u ev") of the property prepared by a land surveyor or engineer registered and licensed in the State of Florida. Any encroachment or defect shown on the Survey shall be treated in the same manner as set forth above. 6. At of lnsntction and Marketing of thep yo 6J BUILue itLencL q,Right& (a) Within five (5) business days of the Effective Date and on a continuing basis so long as the Agreement is in effect,'Seller shall deliver to Buyer the materials set forth on Exhibit "B" attached hereto to the extent in Seller's possession and control The Due Diligence Period,5 commence on the Effective Date and expire on that date that is one hundred en days after the Effective late (the 4'Due Iq Period"). During the Due Ili ___Wili—L �D gen cried, in addition to the rights set forth in Section 7(b) of the Contract, Buyer shall have the right to review Seller's Documents and communicate with any tenants of the Property. (b) Approvals. At Buyer's sole cost and expense, Seller hereby authorizes the Buyer to seek, pursue and secure all required site plan, zoning, land.use, financing approvals and CRA approval obtained by any municipalities and/or other authorities having jurisdiction over the Property, as applicable (hereinafter collectively the "Author and each an "Authoritv"), for Buyer's intended use of the Property, which shall include, but not be limited to the construction of a mixed use residential/multifamily rental apartment building which shall include ground floor commercial space and shall have adequate parking for such purposes (hereinafter collectively refer-red to as the "Prpect"), including, without limitation: (1)alleyway abandonment, (ii) utility relocation, i_ (iii) Florida Power&Light utility relocation, , (iv)zoning variances, (v)agency incentives or financing, including without limitation executed agreements with the City of Boynton Beach CRA; and (vi) all other approvals required to construct such Project (items (i) through(vi)above hereinafter referred to as the"ARpLovals"). For the avoidance of doubt, the definition of the term "Approvals"shall include all required site plan, zoning, land use and funding approvals required for the Project (the " "). Buyer shall pursue the Approvals using good faith and due diligence in the exercise of commercial reasonableness at all times during the to of this Agreement. Seiler agrees to cooperate with Buyer in seeking such Approvals and shall execute, without delay,provided they are non-binding and at no cost to Seller any and all documentation required and/or necessary associated with the Approvals,as well as to otherwise assist and cooperate with the Buyer in addressing any requirement in order to secure the Approvals; provided, however, Seller shall not be required to expend any monies in providing such cooperation. The date upon which all appeal periods related to Approvals receivedby Buyer have expired is considered to be the approval date for the applicable approval.,Notwithstanding anything to the contrary herein ' er has not obtained the Required Approvals by that date that is oe hundredeighty 180) ays after the expiration of the Due Diligence Period,and Buyer does not elect to wacl; ncondition precedent of obtaining the Required Approvals., then thereafter either Buyer or Seller shall have the right to terminate this Agreement by written notice to the other party, in which event the Deposit shall be immediately refunded to Addendum to Commercial Contract Page 4 of 12 17537100 Buyer, less the amount of Twenty-Five Thousand and No/100 Dollars ($25,000), which amount shall be paid to Seiler, 6.2 Marketinic of ProvenN. Seller agrees that upon execution of the A9 reement. Seller and its agents shall cease negotiation of the sale/purchase of the Property (or any portion thereof) with any cither existing or prospective buyers of the Property and shall not market the Property(or any portion thereof) for sale at any time during -the term of the Agreement. Additionally, Seller shall not disclose the existence of this Agreement,the terms and conditions of this Agreement,and the existence of the option to terminate the lease of the tenant at the Property(the"Tenant Lease"' ____ .I__ 1 7Seller's Rp:ars qntations and Warranties. Seller hereby makes the following representations and Warranties to Buyer as of theEffective Date,which such representations and warranties shall be deemed to have been made again as of the Closing: (a) Seller has been duly organized and validly exists under the laws of the State of Florida. The Agreement and the consummation of the transactions contemplated hereby have been duly authorized by all necessary parties on the part of Seller and the Agreement constitutes a legal, valid and binding obligation of Seller, enforceable against Seller in accordance with its terms, subject to applicable laws relating to bankruptcy, insolvency, moratorium, as well as other laws affecting creditors' rights and general equitable principles. The execution and delivery of the Agreement and the consummation of the transactions contemplated hereby do not and will not(i)violate or conflict with the organizational documents of Seller; (ii) breach the provisions of, or constitute a default under, any contract, agreement instrument or obligation to which Seller is a party or by which Seller bound; and (iii) require the consent or approval of any other third party or governmenW agency. The party executing the Agreement on behalf of Seller is authorized by the organizational documents of Seller to enter into the Agreement and bind the Seller to the terms hereof. (b) Seller has not received written notice of any action, suit, arbitration, unsatisfied order ort Judgmen," government investigation or proceeding pending or threatened in writing prior to the Effective to against Seller which has not been resolved, or if unresolved, could materially interfere with the consummation of the transaction contemplated by the Agreement or could create any obligation or restriction binding on the Property or the holder of any legal or beneficial interest therein following the Closing Date. There is no tax abatement or reduction proceeding that is pending for the Property. (c) There are no written or verbal leases, license agreements or any other agreements whatsoever regarding occupancy of the Property other than as set forth in Seller's Documents, (d) Except for the Permitted Exceptions and those contracts that will be terininated by Seller at or prior to Closing there are no agreements or other contracts currently in effect that affect the Property to which Seller is a party. (e) Seller has not received any written notice (i) frorn any applicable government authority of any violations of building codes and/or zoning ordinances or other ordinances, regulations, orders, open permits or requirements affecting the Property, existing or pending; (ii) of existing, pending or threatened lawsuits or appeals of prior lawsuits against Seller affecting the Property; or (iii) from any applicable government authority of any existing or pending or threatened condemnation proceedings affecting the Property. There are no open building permits or code violations affecting the Property. (f) Intentionally deleted. (g) Any and all agreements, including, without limitation, management agreements,franchise agreements and service contracts for the Property shall be term inated Addendum to Commercial Contract Page 5 of 12 175371 vI 0 at Closing by Seller,at Seller's sole cost and expense,so that Buyer shall receive ail of the Property free and clear of any such agreements, (h) Seller has no actual knowledge, of any "hazardous materials" (as hereinafter defined)attributable to or affecting the Property. As used in the Agreement, a "hazardous material" means (i) any hazardous, toxic or dangerous waste, substance or material, as defined for purposes of the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, the Resource Conservation and Recovery Act of 1976,as amended,or any other federal,state or local law, ordinance,rule or regulation applicable to the Property and establishing liability.. standards, or requiring action as to discharge, spillage, storage, uncontrolled loss, seepage, filtration, disposal, removal, use, or existence of a hazardous,toxic or dangerous waste, substance or material (collectively, and (ii) any waste, substance or material which, even if not so regulated, is known to pose a hazard to the health and safety of the occupants of the Property or of the property adjacent to the Property - . To Seller's knowledge,no prior use, either by Seller or the prior owners of the Property, has OCCUETed which violates any F-rrvironmental Law. The Property is not subject to any pending or,to Seller's knowledge, threatened investigation, inquiry or remedial obligation under any Environmental Laws, and this representation would continue to be true and correct following disclosure to any applicable governmental authority of all relevant facts, conditions and circumstances pertaining to the Property. There has been no litigation against Seller brought,or to Seller`s knowledge threatened, nor any settlement reached, by or with any parties alleging the presence, disposal, release or threatened release of any hazardous materials from the use, or operation of the Property. 7.2 At Closing, Seller shall deliver to Buyer a certificate, dated as of the date of Closing and executed on behal7of Seller by a duly authorized officer thereof, con fiening that the representations and warranties in section 7.1 are true and correct in all material respects. 7.3 Suniival of Seller's and....-Warranties. The representatiot warranties and indemnities of Seller set forth in&--��—gr-e-einent, u-p—dait-e-'-di-as of the Closing Date in accordance with the terms of flie Agreement, and as set faith in any Closing document delivered by Seiler, shall survive Closing for a period of ninety(90)days after closing. 7.4 C—Ovenants of Seller. From the Effective Date hereof until tire Closing or earlier tennination of the Agreement,except as set forth in the Agreement, Seller shall operate-,insure,and maintain the Property in a manner generally consistent with the manner hi which Seller has operated and maintained the Property prior to the Effective Date. Seller shall not enter into or record any easement, covenant, license, permit, agreement or other instrument against the Property or any portion thereof except as may, be required to enable Seller to perform its obligations under the Agreement or to enable the grayer to obtain the necessary Approvals. Seller shall not cause any action to be taken which would cause any of the representations or warranties made by Seller "I' the Agreement to be false on or as of the Closing Date. Seller shall promptly deliver to Buyer any written notices received pertaining to the Property and any inquiries received from third parties pertaining to the Property. Seller shall promptly notify Buyer in writing of the occurrence of any event or condition which occurs prior to the Closing Date which causes a change in the facts related to the truth of any of the representations or warranties made in the Agreement. 8. Seller Default. Section 14(a)of the Contract,is hereby replaced with the followin& Addendum to Commercial Contract Page 6 of 12 175371vlO (a)In the event the sale is not closed due to any default of failure on the part of Seller other than failure to make the title marketable after diligent effort, Buyer may: (i) elect to terminate this Agreement and receive a return of the Deposit; of (ii) Buyer may seek specific performance. Notwithstanding anything to the contrary herein, if specific perforinance is not available as a remedy because of the actions or inactions of Seller,then Buyer may exercise all remedies available at law or in equity against Seller, including without limitation, suing for damages. 9, BrokeraLe Commissions-With respect to the transaction contemplated by the Agreement. Seller and Buyer each represent that it;aTnot dealt with or engaged on its behalf or for its benefit with any real estate broker. Each Party hereto agrees that if any person or entity makes a claim for brokerage commissions or finder's fees related to the sale of the Property by Seller to Buyer, and such claire is made by, through or on account of any acts or alleged acts of said Party or its representatives, said Party will protect, indemnify, defend. andhold the other Party harmless from and against, any and all loss, liability, cost, damage and expense(including reasonable attorneys' fees) in connection therewith, The provisions of this Section 10 shall survive Closing or any termination of the Agreement. M Mseeflaneous. i—O T C'o n'' detia'lit' Buyer and Seller ann d each of their representatives shall hold i strict confidence the ten-ns and conditions of this Agreement, the existence of the Lease Termination Option (bereinafter defined), all documents, data and inforination obtained with respect to this transaction. the intended development of the Property by Buyer, the PrcjJect and/or the Approvals, whether obtained before or after the execution and delivery of the Agreement, and shall not disclose the same to any other party; provided, however,that it is understood and agreed that Buyer may disclose such data and information to the employees, lenders, consultants, accountants, investors and attorneys of Buyer or as othenvise required by law or by court order or in order to the consummate the transaction contemplated herein and/or obtain the Approvals. The provisions of this Section shall survive the Closing or earlier termination of the Agreement. 10.2 Public Disclosure. Seller and Buyer shall not make any press release or public disclosure of the terms and the conditions of this Agreement,the existence,of the Lease Termination Option,the transaction contemplated in the Agreement or related to the Buyers development plans, without the prior written consent of the Buyer, which may be withheld in its sole and absolute discretion. The provisions of this Section shall survive the Closing or earlier terinination of the Agreement. 10.3 Notices. The addresses and contact infonnation of the Parties for purposes of notice is as follows-, If to Seller: RAJA"S FAMILY INVESTMENTS. INC. PO Box 1140 Boynton Beach, Florida "3426 La—t— .......... Atte:5b#figytjslams, Email: shamsad369@hotmaii.com With a C to- 'I he,Wallace Law Gr ruPL )q4n. Lakes Drive 4200 Bo-,ntoter Beggh Florida 33426 Attri.Steven E..Wall ace, Escj. Addendurn to Commercial contract Page 7 of 12 175371v10 Email. .11acela.w e.00m If to Buyer; BB QOZ,.LLC 613 NW 3rd Ave, Suite 164 Fort Lauderdale EL 33311 . Jeffrey Bums lrnal I! tJ .t;rs3xJ _, ,.. _6.. .._:......... pit, cop),to: Kapp Morrison LLP 7966 Glades load, Suite 550 BocaRatown, FL 33434 Lance M.Aker, Esq. Phone:(561)766-6665 Eaik lakes. 1 or°i ca 10.4 I v Simultaneous with execution of this Agreement,Buyershall eater into a confidential agreement ent with the tenant under the Tenant Lease which shall provide a termination n oaption exercisable unilaterally by Bayer which provides for the term.ination of the Tenant lease (the "Lease Termination Option").. 3 e Lease Termination Option shalt be conditioned upon the sale of the Property to Buyer. 10.5 Intentionally deleted. 16. � � Seller hereby acknowledges and agrees that the purchase of the ProPerty or any portion thereof pursuant to this Agreement may comprise part of(i)an independent like-bind(tax defer d)exchange under Section 1631 of the Internal Revenue Code(a ``1031 Exchange")and/or(ii)a transaction involving investment ent intoe an opportunity Zone ( " Investment"), provided that same will not defy the Closing,cause additional expense to Seller, increase Seller's liabilities or obii atioons or otherwi se modify any of the term scar prorvisicons of this Agreement.Buyer's rights under this AgTeement may be assigned to a qualified intermediary for the purpose of completing a 1031 Exchange. Seller agrees to reasonably cooperate withat no coast to Seller: (i) Buyer's qualified intermediary for the purpose of effectuating or facilitating a 1031 Exchange,provided Haat Seller shall not be required to incur any liability or coasts,or take title to any other property, in connection therewith, and/or(ii)Bayer to enable Buyer's completion of an OZ Investment including, without limitation, to modify this Agreement, structure of the transaction and the closing procedures and deliverables hereunder to allow a 1031 Exch ;e aradlor an C1 Investment ent to comply with applicable law, rules oar re ulatioon pertaining thereto so long as any such modifications do not have ars adverse effect on Seller provided such does not change the material terms of this Agreement(i.e. Closing Date; and Purchase Price). 16,7 Quatte carts. The Contract t and this Addendwn may be execrated in counterparts and may be executed electronically or by ,pdfsignatures, and all such executed counterparts shall constitute the same agreement,and the signature of any Party to any counterpart shall be deemed.a signature to, and niay be appended to, any other counterpart. 16.E a ° o �: a s THE RESPECTIVERTI T AND THEY HEREBYICI WAIVE TRIAL BY JURY ANY ACTION, PROCEEDING ING I COUTNTERCLAIM BROUGHTEITHER THE PARTIES 14ERETO AGAINST THE- OTHER ON ANY MATTERS WHATSOEVERSING OUT OF OR IN ANY WAY CON C I ED WITH THE AGREEMENT,OR FOR FETE ENFORCEMENT OF ANY REMEDY RELATING HERETO LJNDERANY STATUTE, EMERGENCY C Y C1 aE . T HE PROVISIONS OF THIS SECTION SHALL S IRI E THE CLOSING EARLIER TERIMINATION OF THE AGREEMENT. Addendum to Commercial Contract Page 8 of 12 17537100 10.9 Time of the Essence. Time is of the essence with respect to each and every provision of the Agreement. 10,10. "AS IS";Disclaim nerof Warranties. Buyer acknowledges that Seller is conveying 0 the Property to Buyer in "as is" condition. Buyer acknowledges that.except as expressly set forth in this Ag ,reernent and the documents delivered by Seller to Buyer at Closing, Seller has not made any warranties or representations concerning the Property, or any component thereof, including, without limitation,the operation of or the costs or results of the operation thereof the condition of the improvements-, the existence, location, quality or condition of any personal property; the concurrency status of the Property;the zoning or other land use restrictions affecting the Property-, the enforceability of any contract other agreement or right assigned hereunder; the compliance of the Property or any part thereof with any governmental requirement;the use or existence or prior use or existence of any hazardous material on the Property; or the accuracy or completeness of any ,statement or other matter previously disclosed to Buyer. Buyer represents that it is purchasing the Property in its present condition,the Buyer having made or having the opportunity to make during or prior to the Due Diligence Period) its own inspection and examination of the Property and all components thereof. EXCEPT AS SPECIFICALLY PROVIDED FOR HEREfN AND THE DOCUMENTS DELIVERED BY SELLER TO BUYER AT CLOSING, THERE ARE NO EXPRESSED OR IMPLIED WARRANTIES GIVEN TO BUYER fN CONNECTIOlel WITH THE SALE OF THE PROPERTY. SELLER DOES HEREBY DISCLAIM ANY AND ALL WARRANTIES OF MERCHANTABILITY, HABITABILITY AND FITNESS THAT MAY BE DUE FROM.SELLER TO BUYER. NOTWITHSTANDE'qG ANYTHING TO THE CONTRARY SET FORTH HEREfN, 17AIS SECTION SHALL SURVIVE THE CLOSING. I O.11. nRelease. Except as expressly set forth in this Agreement and the documents delivered by Seller to Buyer at Closing, Buyer, on behalf of itself and its heirs. successors and assigns,hereby waives. releases, acquits and forever discharges Seller, its officers, directors,partners, shareholders,employees., agents,representatives and any other person acting on behalf of Seller, and the successor and assigns of any of the preceding, of and from any and all claims, actions, causes of action, demands, rights,damages, costs, expenses or compensation whatsoever,direct or indirect,known or unknown, foreseen or unforeseen, which Buyer or any of its heirs, successors or assigns now has or which may arise in the future on account of or in any way.related to or in connection with any past,present or future physical characteristic or condition of the Property, including,without limitation, any hazardous material in,at, on, Linder or related to the Property, or any violation or potential violation of any governmental requirement applicable thereto. This release shall survive the Closing. [SIGNATURES FOLLOW ON NEXT PAGE] Addendum to Commercial Contract Page 9 of 12 17537100 Ni WITNESS WHEREOF, the Parties hereto have duly executed this Addendum as of 1he date set forth on the first page hereof and the individuals executing this Addendum specificafly acknowledge that they have authority to execute this Addendurn and bind each of the respective Parties. SELLER: RAJA'S FAMILY INVESTMENTS, INC., a Florida corporation Printed ame.,_ Its Date: BUYER: BB QOZ, LLC, a Florida limited liability L;ompany ........... Printed-'�4 me: j'- �'�' ?7t Its., Date: Addend urn to Commercial Contract Page 10 of 12 17637100 Exhibft"A-V Le ki scriptionq area Details of the Property 'of the North 58.25 feet 14 mid all of die East 9 &et of the North 58.25 -feet ed ti lock 6 original townsite of Boynton, Florida Wcording to a peat thereof on file t Book 1, Page 23, Patin Beach County, Fonda public recdand also according tN. &: ttoched sketch of Lot 14 and East 9 feet of Lot 13, Block 6, original townsite of O'ww rax Bo Florida surveyed d prepared by Georgee 13mckway, Engineer, wider date of D r, 1939,and marked on said sketch TractI"; also 4� y IMACT�0. 1q .s All of t � Q gest; tot t a d the t t of Sou t of Lot 13, Block , original t Boynton, l d -, riling t s plat thereof file Plat Book t, Page , MaInm ,-, County, Florida cords, d di t the attached st `` tt t , c , original t t Boynton,Florida, survey rge S, Brockway, Engineer, tinder date of December 1939, and marked on said "Tract ". R CT : West 41 feet of Lot 13 in a theTown Boynton, m a Florid cording t theplat, r file in the office of the Clerk of the Circuit( in and for Palm Beach County, Flofida�T'orded in Mat Book l.,Page 21 LESS AND EXCEPT The East 10 feet of Lot 14 and the feet, less the East 10 feet thereof, of Lot 1 , Block , Original Town of Boynton-, according to the plat thertof as recorded ln Plat Book l at Page 23 of thePublicRecords- f Palm Beach County, Florida;being to Section 28, hip 45 South, Range,43 . rot; d That part of the aforementioned Lt 14, Block 6 of Original of Boynton, which is included in the external area formed by a 1foot radius am tangent to a line s fee t rt f and parallel to the South line of said Lot 14 and tangent to a line 10 feet West of and parallel to the East line of said Lot 14; subject to the existing right- for Occarn wQ all containing 0.028 of an acre, more or l s , Addendian to Conum,ercial Contract Pa-ge I I of t 1 53"if O Exhibit"B" Property Reports 1. Any and all reports regarding the presence of hazardous materials on or about the Property, including, but not limited to environmental reports; 2. Recent property tax assessments and bills; 3. All infori-natio-ri, plans or notices pertaining to the zoning of the Property and development rights in connection with the Property; 4. Copies of any violation notices received from governmental authorities in connection with the Property; 5. A]I documents or contracts evidencing obligations of Seller to be assumed by Buyer; 6. Current insurance policies; T Information on any liens and open permits; 8. Previous,current and proposed building plans and specifications for the Property; 9. Any estoppel certificates as may be required by a lease; 10. All current leases and rent rolls; it. Any and all contracts which may exist between Seller and a third-party entity performing work on the Property; 12. Any report in the possession of Seller including appraisal(s), property condition report(s) and all other studies, notices or information pertaining to the condition or value of the Property; 13, An existing ALTA survey of the Property, 14. A copy of the oN"j-er's policy of title insurance for the Property; IS. Copies of all warranties andgruarantees pertaining to the Improvements; 16. Any other documents or in-formation reasonably requested by Buyer with respect to the transaction contemplated by the Agreement, Addendum to Commercial Contract Page 12 of 12 17537100 • IN1 tff '{C"S4t� '�i X15 Si"��'t,N, , T 61 t xr _i r 3b�i19�j1S t , x Lvl` ?k� ?._»�`, •1°. �.'� �r' k t k� t r i v 'Rf }ra w I,f, tkr OU t '0111al��gi ...� ; f `�f, � T t k MY, fi� 4� �tl I � E. U-i Lj- > 06 4-1 U) I (D • • ;7r 4- p r tt€{s €+ € ( w €)}�l9 s� ss +• � �!h t "�_,� � - ( �'�� i \ �, � 3�I lob� ix � °€ye ,� '� t t � ; i • a1! 1 ti 11k ��.� � � „`r ; € ��`1�t�flc,��t��fij4 �€r�� ,� � t £ r r�`�i� ilt' 41C _ t �fv�..`� 1 Fr � ; � I € s . 4� � Is f a s� r€c �� CD o r U Tl vi 0 `' '4�cr �4 w � Aiti�(€€ 4 • �'is is�s3gi i€ t t �� P st � � � �, � il{t£s`s� y s fD r ;ils t fe 1 to i s'S �s a �ttii�� s} , tisk s� y dv Jss tm€� 4 sO N it t airyi,,, }� M 4 st , ;f r ��t11 t{i astir n ; iS%`7 Y - .}�((;�' +4 ti....Inti �5�fliti et it ��tt�V 1Ess s t 4 , rAl 4�.= An r • N to C +�+ c N C M _ _0 _0 = O 'L O ° ~ Ln c > ULn v Qj N U O+ + U N N O m co 00 E N O �, ++ L of OC c: > CO d vi C: w CL a•d +_' >. U O N C Q N O p L fC •?� O cnU .p L +' V > � +' +, m N +' 0 N 0 N ULU ate, •3 i +' cn •— N M M E M CO o C: ago OAC O .c+ �, Ln L cr N p +' of of L a + N CLO C1A • N fC N = N m ° _ of C: tU O cr u fB U N C) U o (1) 3 � cv N O `i N cB °' N cB +; _0 L N > Q > =3 _0 L -0 O m aN, > C)- C) Q H cn m N N C: m4� � +' N m C: cu — � •U � � a--+ Late—+ .� + O Oate+ X O CO E 4— 2 U N ate-+ m. U +-+ C: Q) fB O 306 -0 p Q c N — L O `— of lfl ++ 2 U •N S fB _v N of ++ 'vf I� N ° (V N 'N fB : UL O � a + ate' cr c ate+ ;0 u mO M : 'cR N •N Q Q ~ L 0 Y j. +�, N O N 0 0 0 N Q _ O N V 4- C: N Q X > N C1A L u ate+ � LU U Q cn ate+ U O cn O U ci CL ° v .� ,Oceu + E =3 C: L Q -0 O � w c " 4- H — N N cn 4�A >i N V ate-+ U > L ++ >, fB N N � >- H Q E H -0 O U D a U N +L+ 'cn cLs Q cB cB �fil y lie .o .mmm m ! ® e® !mm TCEA TRAFFIC I M PACT ANALYSIS BEACH,THE PIERCE BOYNTON FL Prepared by: Kimley-Horn and Associates, Inc. West Palm Beach, Florida Kimley )))Horn October 15,2021 Registry#696 Kimley-Horn and Associates,Inc. 1920 Wekiva Way Christopher W West Palm Beach,Florida 33411 561/845-0665 TEL \`S�nP"ER•"H''% This item has been electronically H e g g e n _ m% signed and sealed by Christopher W. *£, No.58636 5;*= Heggen,P.E.using Digital Signature and date.Printed copies ofthis 1 STATE OF f��` document are not considered signed 2021 1 0 15 FS•.L q,RIpP�'`@� and sealed and the signature must be ////i sNhl1l4`G y\\ verified on any electronic copies. 12:05:32 -04'00' Christopher W. Heggen, P.E. Florida Registration Number 58636 °0�� U�� 0�� _�� '�r � @�� T[8K|Ci0 tAnalysis � ��U m� Contents Table of Introduction............................................................................................................................................ 1 Inventoryand Planning Data ...................................................................................................................3 ProjectTraffic..........................................................................................................................................4 TripGeneration...................................................................................................................................4 TrafficDistribution...............................................................................................................................6 IntersectionAnalysis.............................................................................................................................. 10 PedestrianAccess.................................................................................................................................. 12 EastOcean Avenue............................................................................................................................ 12 SouthFederal Highway...................................................................................................................... 12 Conclusion............................................................................................................................................. 13 Appendix A: Project S|t8D8t8 Appendix B: Turning Movement Counts Appendix C:VU|U08 Development Worksheets and Signal Timing Appendix D: 8«OChnOOutput Worksheets k:\wp b—tpto\bmoko\npn\ohrio\boyntontoeo\2021'10'15the pierce tio.doox P8q8 | i °0�� U�� 0�� _�� '�r � @�� T[8K|Ci0 tAnalysis � �^� /� ��U �� » »��»es Table1: Development Intensities ............................................................................................................1 Table2: Trip Generation..........................................................................................................................5 Table 3: Existing Intersection LOS and Delay.......................................................................................... 10 Table 4:Total Future Intersection LOS and Delay...................................................................................11 Table 5:Total Future Intersection LOS and Delay (Modified Signal Timing) ............................................11 List of Figures Figure:Site Location .............................................................................................................................2 Figure 2: Project T0O1CD|8thhUtiUO----------------------------------'7 Figure 3: Project T[8ff|C |Ot808CtiUOA88|gO08Ot (D8Q8Ot)-----------------------.8 Figure 4: Project T[8ff|C |Ot808CtiUOA88|gO08Ot (D88khUU[VU|U08«)-----------------.9 Traffic Impact Analysis Kimley>Morn Introduction The Pierce is a mixed-use redevelopment project that is proposed to be located within the area bounded by NE 4t"Street on the west, Federal Highway on the east, East Ocean Avenue on the south, and Boynton Beach Boulevard on the north. The overall site includes several existing buildings on site, which are proposed to be demolished and replaced by the redevelopment project. Table 1 summarizes the existing and proposed land uses and intensities. Table 1: Development Intensities � a �a •m Convenience Store 1,792 SF -- High-turnover Sit-Down Restaurant 2,794 SF 7,100 SF General Office 12,477 SF 6,200 SF Commercial Retail 4,104 SF 3,500 SF Multi-Family Residential -- 236 DU The site is within the City of Boynton Beach's Transportation Concurrency Exception Area (TCEA). Figure 1 illustrates the site location. The parcel control numbers for the properties associated with the redevelopment are the following: • 08-43-45-28-03-006-0100 • 08-43-45-28-03-006-0130 • 08-43-45-28-03-006-0111 • 08-43-45-28-03-006-0010 • 08-43-45-28-03-006-0120 Kimley-Horn and Associates, Inc. was retained to prepare a traffic impact study to determine the impacts of the modifications to the approved site plan. Because the site is in the adopted TCEA boundaries, a full evaluation of roadway capacity is not required. However pursuant to Article 12, Chapter K within Palm Beach County's Traffic Performance Standards Ordinance (IPSO), an abbreviated traffic impact study that includes the net traffic generated with the site plan modification,assignment throughout the Test 1 Radius of Development Influence, and projections of future traffic at the site access is required. This document presents the methodology used to satisfy these requirements and the results of the traffic impact study. Additionally, Level of Service (LOS) analyses have been performed at the signalized intersections of Boynton Beach Boulevard & Federal Highway and East Ocean Avenue & Federal Highway. Parcel data summaries are included in Appendix A. k:\wpb_tpto\brooks\npn\chris\boynton tcea\2021-10-15 the pierce tia.docx Page 11 it IPI tit tit Nil JI �tf hf v, itj S , 1 1}+ ff t ff t fi ilf rfs 41 ;l,4,"', f (i ,If.f 1lpi{ f �� r i r f U It R i 'a t t },�trr�%i}`""'4S ' Boynton Beach Blud. ;t/�roan``i t,�sff f fi IVE 1st Ave. 11 Ocean Ave. it r.,t . . J CO CO m },tuff i f&,tv n.f Or r `14 }ft- � S� Serf r Q t LEGEND FIGURE 1 The Pierce Project Site Site Location Trafficways Kimley))) Horn Traffic Impact Analysis Kimley>Morn PlanningInventory and The data used in this analysis was obtained from the Palm Beach County Traffic Division and FDOT Annual Average Daily Traffic.The data included: • Historical growth rate information (FDOTTraffic Online) • Committed development traffic data (from the Palm Beach County TPS database) Turning movement count summary data was obtained from the Palm Beach County Traffic Division at the following signalized intersections: • Boynton Beach Boulevard & Federal Highway • East Ocean Avenue & Federal Highway Turning movement counts are included in Appendix8, and TPS database worksheets are included in Appendix C. k:\wpb_tpto\brooks\npn\chris\boynton tcea\2021-10-15 the pierce tia.docx Page 13 Traffic Impact Analysis Kimley>))Horn Project rel Project traffic used in this analysis is defined as the vehicle trips expected to be generated by the project and the distribution and assignment of that traffic over the study roadway network. Trip Generation The daily and peak hour traffic generation for the approved and proposed site development was based on trip generations rates published by Palm Beach County Traffic Division. The trip generation estimate for the proposed project was developed using standard methodologies and procedures for performing traffic impact studies within Palm Beach County. As such, the trip generation potential for the site was adjusted based on the following: • Projects located within the Transportation Concurrency Exception Area (TCEA) are not subjected to standard traffic concurrency analyses. Nonetheless, the potential trips associated with the project have been included within the estimated driveway volume calculations and for site specific analysis purposes. • Residential projects located within the Coastal Residential Exception Area (east of 1-95) are not subjected to concurrency. Therefore, the trips associated with the residential portion of the proposed project have been discounted to reflect this exemption, as per Chapter I - Section 3 of the County's TPS. Nonetheless, the potential trips associated with the residential portion of the project have been included within the estimated driveway volume calculations. • The traffic volumes associated with the existing buildings on site were calculated and were subtracted from proposed traffic volumes to determine the net change in traffic resulting from site redevelopment. • Pass-by reductions have been applied in accordance with the rates established by Palm Beach County. • Internal capture reductions have been applied in accordance with reductions developed using ITE's Internal Capture Worksheets, which are found in Appendix B. Table 2 summarizes the trip generation calculations. The modified site plan is expected to generate an increase in 1,185 net new external daily trips, an increase of 78 net new external AM peak-hour trips (+21 in,+57 out), and an increase of 76 net new external PM peak-hour trips(+54 in,+22 out)compared to the existing uses. For significance purposes, the site plan modification would a minimal increase in AM peak hour trips (+3 peak hour trips) and a decrease in PM peak hour trips (-9 peak hour trips) with the residential projects being removed from the trip generation comparison due to being within the CREA. k:\wpb_tpto\brooks\npn\chris\boynton tcea\2021-10-15 the pierce tia.docx Page 14 Traffic Impact Analysis Kimley>Morn Table 2: Trip Generation s. Convenience Store 1.792 KSF 26 28 14 14 28 14 14 High Turnover Sit-Down Restaurant 2.794 KSF 313 28 15 13 27 17 10 General Office(>5,000 SF) 12.477 KSF 141 38 33 5 14 2 12 General Commercial(<10,000 SF) 4.104 KSF 516 4 2 2 41 20 21 Subtotal 996 98 64 34 110 53 57 Internal Capture Convenience Store 0 0 0 0 0 0 0 High Turnover Sit-Down Restaurant 133 7 3 4 9 5 4 General Office(>5,000 SF) 65 9 5 4 2 0 2 General Commercial(<10,000 SF) 120 2 1 1 11 6 5 Subtotal 318 18 9 9 22 11 11 Pass-By Capture Convenience Store 61.0/ 16 17 9 8 17 9 8 High Turnover Sit-Down Restaurant 43.0/ 77 9 5 4 8 5 3 General Office(>5,000SF) 10.0/ 8 3 3 0 1 0 1 General Commercial(<10,000 SF) 62.0% 246 1 1 0 19 9 10 Subtotal 347 30 1 18 12 45 1 23 22 Driveway Volumes 678 80 55 25 88 42 46 Net New External Trips 331 50 37 13 43 19 24 General Commercial(<10,000 SF) 3.5 KSF 440 3 2 1 35 17 18 High Turnover Sit-Down Restaurant 7.1 KSF 796 71 39 32 69 43 26 Multifamily Mid-Rise 236 DU 1,284 85 22 63 104 63 41 General Office(>5,000 SF) 6.2 KSF 72 32 28 4 7 1 6 Subtotal 2,592 191 91 100 215 124 91 Internal Capture General Commercial(<10,000 SF) 199 1 1 0 22 12 10 High Turnover Sit-Down Restaurant 242 16 11 5 25 11 14 Multifamily Mid-Rise 198 10 1 9 19 10 9 General Office(>5,000 SF) 47 9 5 4 2 1 1 Subtotal 686 36 18 18 68 34 34 Pass-By Capture General Commercial(<10,000 SF) 62.0% 149 1 1 0 8 3 5 High Turnover Sit-Down Restaurant 43.0/ 238 24 12 12 19 14 5 Multifamily Mid-Rise 0.0/ 0 0 0 0 0 0 0 General Office(>5,000SF) 10.0/ 3 2 2 0 1 0 1 Subtotal 390 27 15 12 28 17 11 Driveway Volumes 1,906 155 73 82 147 90 57 Net New External Trips 1,516 128 58 70 119 73 46 a T>i1;, $ '`i � t ti $: , '} s S ,; �r 'j Proposed Non-Residential-Existing Non-Residential Net New External 99 3 0 3 -9 1 -10 Radius of Development Influence: 1 miles Land Use Daily AM Peak Hour PM Peak Hour Pass By Convenience Stare 14.3'PM trips 15.5 trips/1,000 sf(50%in,50%out) 15.5 trips/1,000 sf(50%in,50%out) 61.0% High Turnover Sit-Down Restaurant 112.18 trips/1,000 sf 9.94 trips/1,000 sf(55%in,45%out) 9.77 trips/1,000 sf(62%in,38%out) 43.0% General Office(>5,000 SF) Ln(T)=0.97'Ln(X)t2.50 Ln(T)=0.94'Ln(X)t26.49(86%in,14%out) 1.15 trips/1,000 sf(16%in,84%out) 10.0% General Commercial(<10,000 SF) 125.61 trips/1,000 sf 0.94 trips/1,000 sf(62%in,38%out) 9.9 trips/1,000 sf(48%in,52%out) 62.0% MulSfamily Mid-Rise 5.44 trips/DU 0.36 trips/DU(26%in,74%out) 0.44 trips/DU(61%in,39%out) 0.0 General Office(>5,000 SF) Ln(T)=0.97'Ln(X)t2.50 Ln(T)=0.94'Ln(X)t26.49(86%in,14%out) 1.15 trips/1,000 sf(16%in,84%out) 10.0% k:\wpb_tpto\brooks\npn\chris\boynton tcea\2021-10-15 the pierce tia.docx Page 15 Traffic Impact Analysis Kimley>Morn Traffic Distribution Traffic distribution is the pairing of trip ends from the subject site with other land uses in the area. These trips were assigned to the surrounding roadways based upon a review of the roadway network proposed to be in place at the time of buildout and its travel time characteristics. The distribution according to cardinal directions is: NORTH - 20 percent SOUTH - 30 percent EAST 10 percent WEST 40 percent The site traffic was assigned to the surrounding roadway network based upon existing travel patterns and the traffic distribution. Figure 2 illustrates this traffic distribution. The AM and PM peak hour trips for the project were then assigned to the surrounding intersections, as shown in Figure 3 (percent assignment) and Figure 4 (peak hour project traffic volumes). k:\wpb_tpto\brooks\npn\chris\boynton tcea\2021-10-15 the pierce tia.docx Page 16 i i r7 JI �A£ £ 145If £ ri i x i I� • W, jtt it £t +z 20% f j £ £ t . £ f £1 '11x41' 7; i 9 } £ NO £iVI+ti£ ££ "I", {�t' i s t�£NN t £ r z } i y�£�p1 { yi"INN" t S �£t� Bo nton Beach Blvd. 40% 40%in 20%in �{ 20% out 40% out 4 NE 11t Ave. 40%in �£ 8 % out S40%in O% out Ocean Ave. 10% i� i p, it, Or � y } i 'lsi/ ;}itu4 1J 30% '£ �£1- 1r ;. LEGEND FIGURE 2 The Pierce Project Site Project Link Distribution or .,o.o"ft*„ Trafficways 30% % Project Traffic KI'mley))) Horn 20%J 40% V t 1 f t„ t i� Boynton Beach Blvd. 1 ,P "' NE st 00 20% 7777-7, 2 Ocean Ave. ir. , , Co T = 10% o 40% 40% sha 10% wo �V o 30%MW , }k 4w, ,y tit 7' 4tR14 t , , ,1 t LEGEND FIGURE 3 The Pierce Project Site Project Traffic Distribution Trafficways /40 Inbound/Outbound Klomley))) Horn a 11 (4) J 0(20) IA lit 7 7 r t lt�fl{��y� z Stl �iti z lM� t„ 4 i� Boynton Beach Blvd. 1 0 NE st N Ar C) 4 00 � 0(10) CD 777 2 Ocean Ave. s 0(5) 23(9) 0(5) h 5(2) o LEGEND FIGURE 4 The Pierce Project Site Project Traffic Volumes Trafficways /40 Inbound/Outbound Klomley))) Horn Traffic Impact Analysis Kimley>Morn AnalysisIntersection Based upon a review of the surrounding transportation network, intersection operational analyses have been conducted to analyze AM and PM peak hour conditions during the existing, background, and future total scenarios at two signalized intersections in the vicinity of the site. The intersections analyzed were the following: • Boynton Beach Boulevard & Federal Highway • East Ocean Avenue & Federal Highway The most recently-published count data was obtained from the Palm Beach County Traffic Division and a peak season conversion factor(PSCF)was applied to the counts. It is also noted that condition#8 of Policy 1.2-u in the Transportation Element of the Palm Beach County Comprehensive Plan, which is the policy tha testablished the Boynton Beach TCEA, requires the following: 8. The City shall annually monitor the intersection of Boynton Beach Boulevard and US-1, and coordinate with FDOTand the County to improve this intersection when necessary, and if feasible. Therefore, this analysis addresses the monitoring requirement for this intersection. An intersection operational analysis was completed using Trafficware's Synchro 10.0 Software and the methodologies outlined in the Highway Capacity Manual, 6t"Edition. The intersection delay and level of service are summarized at the three intersections for the existing and total future total scenarios in Table 3 and Table 4, respectively. As shown in these tables, the intersections operate at an overall level of service of LOS D or better in the AM peak hour during both existing and total conditions with redevelopment of this site. During the PM peak hour, there are LOS E conditions if the signal timing were not adjusted. However, based on changes in traffic volumes on the various intersection approaches, adjustments to the signal timing durations are appropriate. With assumed adjustments to the signal timing, both intersections will operate at an overall LOS D Therefore, the intersections will operate acceptably with the project traffic in the future at project buildout. Table 3: Existing Intersection LOS and Delay 3 Boynton Beach Blvd & Federal Highway D 39.3 sec D 40.6 sec East Ocean Avenue & Federal Highway D 37.8 sec D 47.1 sec k:\wpb_tpto\brooks\npn\chris\boynton tcea\2021-10-15 the pierce tia.docx Page 10 Traffic Impact Analysis Kimley>Morn Table 4: Total Future Intersection LOS and Delay Ina.ME Na Boynton Beach Blvd & Federal Highway D 48.1 sec E 58.6 sec East Ocean Avenue & Federal Highway D 42.7 sec E 56.6 sec Table 5: Total Future Intersection LOS and Delay (Modified Signal Timing) 3 Boynton Beach Blvd & Federal Highway -- -- D 54.2 sec East Ocean Avenue & Federal Highway -- -- D 48.0 sec Signal timing worksheets are included in Appendix C. Synchro output worksheets are included in Appendix D. k:\wpb_tpto\brooks\npn\chris\boynton tcea\2021-10-15 the pierce tia.docx Page 11 Traffic Impact Analysis Kimley>Morn Pedestrian The project will include connections and enhancements to the pedestrian network in the surrounding area, particularly on the tow roadway frontages with the highest pedestrian activity: East Ocean Avenue and South Federal Highway. Below is a summary of the enhancements proposed: East Ocean Avenue The existing sidewalk in the public right-of-way varies in width from 7 feet to approximately 20 feet in the areas where parallel parking spaces are not provided. The conceptual plan includes enhanced pedestrian zones of varying width on the private property that tie directly into the existing sidewalk, creating an enhanced overall pedestrian zone along the East Ocean Avenue side of the property. Moreover, direct connections are provided into an internal plaza/courtyard from the pedestrian zone on East Ocean Avenue. South Federal Highway The entire site frontage along South Federal Highway includes a 10'-wide sidewalk, plus an 8'-wide pedestrian zone on the back of that sideways. Additionally, the majority of the building frontage on this roadway includes a covered arcade facing the public right-of-way,providing protection from the elements for pedestrians. Additionally, sidewalks are proposed along the property frontage on NE 4t" Street and on the south side of NE 11t Avenue. An elevated bridge is proposed from the parking garage over NE 1 It Avenue to provide direct pedestrian access for building residents to access the multi-family component of the site. k:\wpb_tpto\brooks\npn\chris\boynton tcea\2021-10-15 the pierce tia.docx Page 112 Traffic Impact Analysis Kimley>Morn Conclusion This evaluation analyzed the traffic impacts associated with the redevelopment of the site located within the area bounded by NE 4t"Street on the west, Federal Highway on the east, East Ocean Avenue on the south, and Boynton Beach Boulevard on the north. As noted, the site is located within the Boynton Beach TCEA and the County's adopted Coastal Residential Concurrency Exception Area and is not subject to the typical Test 1 and Test 2 analysis requirements of the Palm Beach County ULDC. Project traffic volumes were quantified, however, using trip generation rates and equations published by the Palm Beach County Traffic Division. The analysis indicated that the proposed redevelopment will result in an increase of 78 net new external AM peak hour trips and 76 net new external PM peak hour trips in comparison to the existing buildings on site. The trips were assigned to the adjacent transportation network, and LOS and vehicle delay analyses were performed at the signalized intersections of Federal Highway & Boynton Beach Boulevard and Federal Highway & East Ocean Avenue. The analyses indicated that the intersections will continue to meet adopted LOS standards (LOS D or better) in the future, including considerations for optimized signal timing adjustments based on future changes in traffic volumes. A review of the pedestrian access indicated that direct connectivity to the adjacent pedestrian network will be provided along all project frontages, and enhanced pedestrian features will be provided along the two frontages with the greatest pedestrian activity(East Ocean Avenue and South Federal Highway). k:\wpb_tpto\brooks\npn\chris\boynton tcea\2021-10-15 the pierce tia.docx Page 113 Traffic Impact Analysis Kimley>))Horn Appendix A: Project Site Data k:\wpb_tpto\brooks\npn\chris\boynton tcea\2021-10-13 the pierce tia.docx Property Detail Parcel Control Number: 08-43-45-28-03-006-0130 Location Address: 101 N FEDERAL HWY Owners: RAJAS FAMILY INVESTMENTS INC Mailing Address: PO BOX 1 140,BOYNTON BEACH FL 33425 1 140 Last Sale: NOV-2012 Book/Page#: 25778 /426 Price: $10 Property Use Code: 1100-STORES Zoning: CBD-CBD CENTRAL BUSINESS DISTRICT(08-BOYNTON O BEACH) s Legal Description: TOWN OF BOYNTON LT 13&LT 14 Total SF: 1792 Acres 0.2494 /LESS RD R/W/BLK 6 2021 Values (Preliminary) 2021 Taxes (Preliminary) � a Improvement Value $150,873 Ad Valorem $10,784 y Land Value $380,310 Non Ad Valorem $2,383 Total Tax $13,167 Total Market Value $531,183 2022 Qualifieda Assessed Value $496,912 Exemptions Exemption Amount $0 No Details Found r Taxable Value $496,912 Applicants _ All s clues are as of Jaanuat s=I st each year. No Details Found z ` C Building Footprint(Building 1) (Subarea and Square Footage(Building 1 ) Description Area Sq.Footage CONVENIENCE STORE 1792 z Total Square Footage: 1792 fi= Extra Features z Description Year Built Unit n Paving-Asphalt 1929 1071 Paving-Asphalt 1929 1140 Z Unit may represent the perimeter,square footage,linear footage,total number or other measurement. m w N 00 O W O Structural Details(Building 1 ) I MAP o 0 Description to 1. Year Built 1929 _ I 2. CONVENIENCE FOOD MKT 1792 °s r 1'1 F 1� ( a v SE 1 st Dorothy Jacks,CFA,AAS PALM BEACH COUNTY PROPERTY APPRAISER www.pbcgov.org/PAPA 10/12/2021 Property Detail Parcel Control Number: 08-43-45-28-03-006-0120 Location Address: 529 E OCEAN AVE Owners: 500 OCEAN PROPERTIES LLC Mailing Address: 511 E OCEAN AVE,BOYNTON BEACH FL 33435 4923 Last Sale: .TUN-2011 Book/Page#: 24665 /1688 Price: $10 Property Use Code: 1200-STORE/OFFICE/RESIDENTIAL Zoning: CBD-CBD CENTRAL BUSINESS DISTRICT(08-BOYNTON O BEACH) s Legal Description: TOWN OF BOYNTON LT 12 BLK 6 Total SF: 5644 Acres 0.1431 2021 Values (Preliminary) 2021 Taxes (Preliminary Improvement Value $233,917 Ad Valorem $8,935 0 Land Value $186,990 Non Ad Valorem $5,041 Q Total Tax $13,976 Total Market Value $420,907 n 2022 Qualified Assessed Value $420,907 Exemptions y Exemption Amount $0 No Details Found Z b Taxable Value $420,907 Applicants All salues are as;uf`Januat�r 1st each scar, No Details Found � Building Footprint(Building 1) (Subarea and Square Footage(Building 1) Description Area Sq.Footage to rn RESTAURANT 994 RESTAURANT 1800 r OFFICES 2850 (" Total Square Footage: 5644 Extra Features Z Al 834) 84 (I'I SGYGI 8O t28v.:i .� Description Year Built Unit � Deck 1998 384 zs 25 w e s Unit may represent the perimeter,square footage,linear footage,total number or other measurement. N 0 w 0 0 a 0 Structural Details(Building 1) I MAP o Description 1. Year Built 1922 ' 2. RETAIL MULTI OCCUP 5644 .• �4' G a o r i p 1 , Jn 1F 3u� A 1 l i Dorothy Jacks,CFA,AAS PALM BEACH COUNTY PROPERTY APPRAISER www.pbcgov.org/PAPA 10/12/2021 Property Detail Parcel Control Number: 08-43-45-28-03-006-0100 Location Address: 511E OCEAN AVE Owners: 500 OCEAN PROPERTIES LLC Mailing Address: 511 E OCEAN AVE,BOYNTON BEACH FL 33435 4923 Last Sale: IUN-2011 Book/Page#: 24665 /1688 Price: $10 Property Use Code: 1200-STORE/OFFICE/RESIDENTIAL Zoning: CBD-CBD CENTRAL BUSINESS DISTRICT(08-BOYNTON O BEACH) s TOWN OF BOYNTON LT 10&W 7 FT 8 Legal Description: IN OF LT 11(LESS S 8 FT OCEAN AVE Total SF: 7702 Acres 0.1545 `D R/W)BLK 6 to 2021 Values (Preliminary) 2021 Taxes (Preliminary Improvement Value $302,490 Ad Valorem $10,707 Land Value $201,870 Non Ad Valorem $3,154 rrl Total Tax $13,861 a Total Market Value $504,360 z 2022 Qualified Assessed Value $504,360 Exemptions ti Exemption Amount $0 No Details Found Q Taxable Value $504,360 Applicants b m All�alues are as of,Ianuary I st each fear', No Details Found Building Footprint(Building 1) (Subarea and Square Footage(Building 1) m rn Description Area Sq.Footage r" OFFICES 4190 r g , SUPPORT 504 ti 9- APARTMENT 899 r] APARTMENT 2109 Z Total Square Footage: 7702 e s°Ak ae 57 Extra Features W °g Description Year Built Unit r� No Extra Feature Available 0 w 0 o a 0 o 0 Structural Details(Building 1) I MAP }, Description 1. Year Built 1948 s b o 2. RETAIL MULTI OCCUP 7702 — N E 1 1 A-,,, 1 C i �L r z f,. ii x_- Lr; Dorothy Jacks,CFA,AAS PALM BEACH COUNTY PROPERTY APPRAISER www.pbegov.org/PAPA 10/12/2021 Property Detail Parcel Control Number: 08-43-45-28-03-001-0060 Location Address: 508 E BOYNTON BEACH BLVD Owners: 508 E BBB LLC Mailing Address: 508 E BOYNTON BEACH BLVD,BOYNTON BEACH FL 33435 4141 Last Sale: APR-2012 Book/Page#: 25163 /96 Price: $250,000 Property Use Code: 1700-OFFICE ONE STORY Zoning: CBD-CBD CENTRAL BUSINESS DISTRICT(08-BOYNTON O BEACH) s Legal Description: TOWN OF BOYNTON LTS 6&7 BLK 1 Total SF: 1925 Acres 0.2863 2021 Values (Preliminary) 2021 Taxes (Preliminary Improvement Value $174,270 Ad Valorem $10,318 Land Value $311,775 Non Ad Valorem $895 Total Market Value $486,045 Total Tax $11,213 Assessed Value $486,045 2022 Qualified Exemptions Exemption Amount $0 No Details Found r Applicants r Taxable Value $486,045 A PP n All salues are as;uf'J anuat�r 1st each car, No Details Found � n Building Footprint(Building 1) (Subarea and Square Footage(Building 1) Z w Description Area Sq.Footage OFFICES 1925 Total Square Footage: 1925 �n Extra Features 0 Description Year Built Unit 0 Paving-Asphalt 1958 245477 77 0 Walkway-Concrete 1983 340 0 Unit may represent the perimeter,square footage,linear footage,total number or other measurement. 0 0 Structural Details(Building 1) I MAP Description 1. Year Built 1958 2. OFFICE BLDG L/R 14S 1925i T` n t 1 , 11 i I1 N E 1}t gid , Dorothy Jacks,CFA,AAS PALM BEACH COUNTY PROPERTY APPRAISER www.pbcgov.org/PAPA 10/12/2021 Property Detail Parcel Control Number: 08-43-45-28-03-001-0060 Location Address: 508 E BOYNTON BEACH BLVD Owners: 508 E BBB LLC Mailing Address: 508 E BOYNTON BEACH BLVD,BOYNTON BEACH FL 33435 4141 Last Sale: APR-2012 Book/Page#: 25163 /96 Price: $250,000 Property Use Code: 1700-OFFICE ONE STORY Zoning: CBD-CBD CENTRAL BUSINESS DISTRICT(08-BOYNTON O BEACH) s Legal Description: TOWN OF BOYNTON LTS 6&7 BLK 1 Total SF: 1925 Acres 0.2863 2021 Values (Preliminary) 2021 Taxes (Preliminary Improvement Value $174,270 Ad Valorem $10,318 Land Value $311,775 Non Ad Valorem $895 Total Market Value $486,045 Total Tax $11,213 Assessed Value $486,045 2022 Qualified Exemptions Exemption Amount $0 No Details Found r Applicants r Taxable Value $486,045 A PP n All salues are as;uf'J anuat�r 1st each car, No Details Found � n Building Footprint(Building 1) (Subarea and Square Footage(Building 1) Z w Description Area Sq.Footage OFFICES 1925 Total Square Footage: 1925 �n Extra Features 0 Description Year Built Unit 0 Paving-Asphalt 1958 245477 77 0 Walkway-Concrete 1983 340 0 Unit may represent the perimeter,square footage,linear footage,total number or other measurement. 0 0 Structural Details(Building 1) I MAP Description 1. Year Built 1958 2. OFFICE BLDG L/R 14S 1925i T` n t 1 , 11 i I1 N E 1}t gid , Dorothy Jacks,CFA,AAS PALM BEACH COUNTY PROPERTY APPRAISER www.pbcgov.org/PAPA 10/12/2021 Traffic Impact Analysis Kimley>))Horn Appendix B: Turning Movement Counts k:\wpb_tpto\brooks\npn\chris\boynton tcea\2021-10-13 the pierce tia.docx J p a (O M 00 M V V M O O M r N M O N M O r to (O O_ V M V M M M r O N M (O M M r N M V I- M M O M (O M V (0 In r r N N (O O to M V In O M O M N (O M V In (0 In t O o0 N m V O V V N M In (O O M N N 00 d) N V V V I� M N (O o0 O O Cl) to to r N N (O N n (O V V In M M V N N M N N N N N M M M M M Cl) N M N N H 0 M m (O m M N 00 N N V d) r r _ N V O N r N 00 I- N N d) V Cl) O N V V 00 (0 In r (O r r 00 V N Cl) In 00 00 N to (O d) N to O N V (0 N M V co In N N Cl) N N N Cl) CL H r 00 LO to I- (D Cl) Cl) r 0) 0) 0) N O M 00 N r N O r M m V 00 I- O V M r O to t I- 00 I- 00 t In to r (O O O V o0 N M m r M (O o0 N o0 N r- 0) N 00 N O O N N N V O O V co - 00 co M N N N Cl) Cl) N M O to V o0 00 r J 0) O In r N (O o0 N r N O d) M N V d) V N _ 00 r- N N V (0 In V O I- O m O N N 00 m (0 M 00 In r O O to 0) N V In Cl) (O to N O d) Cl) N N — N N N — M r 00 (O d) V In d) V M (0 N M M N � N M d) Cl) N to 00 M V 0 V 0 tO O O O O O M V O (0 O O ONVnNNrNMo N N 0) N C'4 N M o0 00 m _ m r (Om M O N O r r r- M V r- N N V O M I� 00 00 M N M W Cl) N N M N N M N N N N F N N (O N (O o0 to r O N r to N d) to V O d) to M d) (O 00 d) r 0) Cl) d) O Cl) (O to N to 00 I- O V O 0) N N O O (0 In V I- to W O N N O Cl) O — 00 N In N O � N (D r- N L V N V V N V N N (0 N I� M r 00 J N o0 V M M o0 M N N N N M O M V V m O O N N r (O M m r M (O to r O N m � O 00 V 00 0) (0 I- N — — V d) 0 V N N M V V (0 N In M N N N V N M N W V M (0 M M In N M to N N N M CO O — 00 — O (O — N M M O O O O O O O — O O O — M — N V N O O O N M — O O O W mV Cl) V N 00 (0 VC\l V M I- O O N (ON V r (0 I- V In M O N M O N (0 N N (0 M M (O N M to V (0 (0 In y — M M N Cl) N — M m O o0 (0 N V (0 V m NV N N V In (O r V V O In o0 M d) (O (O M d) m (O N O N 00 d) N O V N O V N � 00 to m M m 00 M O O 00 M N y 00 00 n (O r r N V V J o0 N N 0) I- co r r V O In V Cl) O 0) r Cl) (O (O to Cl) N m co o0 N V In d) co o0 d) N N O to co (O V In N M In N M o0 V V I- M d) M (h V N V O W Cl) N N N N In n In V V M V N M V M V N M m M O r (O to o OO— — r " O O O O O O O N O O O O N Oa— M O M N V O O O O — — Oa— W N CO - O r O _ zr N (I�O (VO Nd) (VO rI� Vo VV Vd) or0 Mr o0 W N o0 V d) (O0 mM M M oN0 NN r V o0 co 00 V o0 N mO0N o0OO (0 N M M MN r m MN N(O (�0 Nd) � mV NM� 0 (0 0 00 M Z (0 (0 n r o (O M n o V V V M V V (0 J 00 O M (O M O o0 r 00 � O o0 00 m N V In N r o0 V V M N In O m V m m N N O r O d) M m Y) O N O t o0 M O m to (0 M N N N to N N N (O M z N M N N M N N — — — N N — N N N m V M M N M O O In O O O O O O O O O O O O O O O O O O O O O N (O N z W Q a a a a Q Q a a Q a a Q 0 a Q o o o o a Q o a Q a Q o a Q o a Q o a Q a Q o a Q 0 a Q L2 a � O O o O o O o "i O � "1 O " 0 � V V "r V V 0 O M 0 V V M V V V M M M M M M M M V M V 9 V V 5: M V .. 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V O V O O V O M V O V V O V O V O M O O O M V 00 N I� V I� M r V I� V M LU O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N O O 0 N N N N N N M M M r r r N N N N N N N N O O O V V V U U U U U U a a m m m m m m Wco m m m m m m s= s= s= 2 2 2 2 2 2 2 2 2 m m m m m m E E U U 'x 'x 'x 'x 'x 'x 'x 'x 'x Z a a a a a aO O O O O o Q Q Q Q Q m m m m m m a a a a a a O O O O O o v� v� v� v� v� v� v� v� v� v� v� v� v� v� v� Q Q Q Q Q m m m m m m > > > > > > > > > > > > > > > > > Q Q Q Q Q Q m m `m `m 2 2 H � � W Q 'Q W M M o0 00 00 00 00 00 00 00 W mmmmmm - - N > > > > > > > > > > > > > > > > > > > > > > > > > > QQ Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q m m O O O O O O O O N W C C C C C C C C C C C C C C C C C C C C C C C C C C C C U U U U U U U U (4 (4 (4 (4 (4 (4 (4 (4 (4 (4 (4 (4 (4 (4 (4 (4 (4 (4 (4 (4 (4 (4 (4 (4 (4 (4 (4 (4 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) 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) U U U U U U U U U U U U U U U U U U U U U U U U UU U U Y Y Y Y Y Y Y Y 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 0 0 o J 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 1- 1- 1- 1- 1- 1- o0 00 � O O O I� r In In In In In In r r r r r r r r r In In In In In In N N N N N N N N Q M M M M M M M M M M M M M M M M M M M M M M M O O r r r r r r r r R Z o O o O o O (O (O O O O O O O O O O O O O O O O (O (O (O (O (O (O . r r r r r r r � UI V V V V V V V V V V V V V V V V V V V V V V V V V V M M N N N N N N N N C 0 N 2 Traffic Impact Analysis Kimley>))Horn Appendix C: Volume Development Worksheets and Signal Timing k:\wpb_tpto\brooks\npn\chris\boynton tcea\2021-10-13 the pierce tia.docx VOLUME DEVELOPMENT SHEET Boynton Beach Mixed-Use&Rail OCEAN AVENUE&FEDERAL HIGHWAY EXISTING GEOMETRY Growth Rate= 1.00% Peak Season= 1.05 1.05 Buildout Year= 2026 2026 Years= 8 8 e Northbound Southbound Eastbound Westbound LT Thru RT LT Thru RT LT Thru RT LT Thru RT Existing Volume on 11/13/2018 11 397 198 259 663 29 20 97 19 125 36 110 Peak Season Volume 12 417 208 272 696 30 21 102 20 131 38 116 Traffic Volume Growth 1 35 17 23 58 2 2 8 2 11 3 10 Committed Development 0 55 3 19 115 0 0 0 0 1 0 8 1.0%Traffic Volume Growth 1 35 17 23 58 2 2 8 2 11 3 10 Committed+1.0%Growth 1 90 20 42 173 2 2 8 2 12 3 18 Max(Committed+1.0%or Historic Growth) 1 90 20 42 173 2 2 8 2 12 3 18 Background Traffic Volumes 13 507 228 314 869 32 23 110 22 143 41 134 Project Traffic Inbound Traffic Assignment 30.0% 10.0% Inbound Traffic Volumes 6 2 Outbound Traffic Assignment 40.0% 10.0% 30.0% Outbound Traffic Volumes 23 6 17 Project Traffic 6 0 0 0 0 0 23 6 17 0 2 0 Total Traffic w/o RTOR 19 507 228 314 869 32 46 116 39 143 43 134 RTOR Reduction TOTAL TRAFFIC 19 507 168 314 869 0 46 116 0 143 43 74 e Northbound Southbound Eastbound Westbound LT Thru RT LT Thru RT LT Thru RT LT Thru RT Existing Volume on 11/13/2018 25 563 147 227 525 45 37 70 36 214 96 202 Peak Season Volume 26 591 154 238 551 47 39 74 38 225 101 212 Traffic Volume Growth 2 49 13 20 46 4 3 6 3 19 8 18 Committed Development 0 167 5 18 130 0 0 0 0 5 0 24 1.0%Traffic Volume Growth 2 49 13 20 46 4 3 6 3 19 8 18 Committed+1.0%Growth 2 216 18 38 176 4 3 6 3 24 8 42 Max(Committed+1.0%or Historic Growth) 2 216 18 38 176 4 3 6 3 24 8 42 Background Traffic Volumes 28 807 172 276 727 51 42 80 41 249 109 254 Project Traffic Inbound Traffic Assignment 30.0% 10.0% Inbound Traffic Volumes 16 5 Outbound Traffic Assignment 40.0% 10.0% 30.0% Outbound Traffic Volumes 9 2 7 Project Traffic 16 0 0 0 0 0 9 2 7 0 5 0 Total Traffic w/o RTOR 44 807 172 276 727 51 51 82 48 249 114 254 RTOR Reduction TOTAL TRAFFIC A B C D E F G H I J K L M N 0 Input Data E-W Street:Ocean Ave COUNT DATE:2/12/2019 N-S STREET:S Federal Hwy CURRENT YEAR:2019 10/12/2021 TIME PERIOD:AM ANALYSIS YEAR:2026 GROWTH RATE: 1.51% PSF: 1 SIGNAL ID:46350 Intersection Volume Development Eastbound Westbound Northbound Southbound Left Thru Right' Left Thru Right Left'Thru RightLeft Thru Right Existing Volume 10 19 20 61 19 73 19 350 41+' 226 862 12 Diversions 0% 0% 0% 0% 0% 0% 0% 0% 0%.': 0% 0% 0% Peak Season Volume 10 19 20 : 61 19 73 19 350 41 226 862 12 Committed Developments Type %Complete Villages of East Ocean 0 0 0 0 0 3 0 20 0 9 52 0 Res 0% Alta at Boynton Village 0 0 0 0 0 0 0 1 0 0 6 0 Res 30% Riverwalk Plaza 0 0 0 1 0 0 0 8 3 0 4 0 NR 70% Ocean 95 Exchange Park 0 0 0 0 0 0 0 4 0 r 0 1 0 NR 25% 211 E.Ocean Avenue Restaurant 0 0 0 0 0 1 0 1 0 1 1 0 NR 0% Ocean One 0 0 0 0 0 4 0 26 0 8 59 0 NR 0% Ocean Breeze East 0 0 0 0 0 1 0 1 0 3 5 0 Res 0% Total Committed Developments 0 0 0 1 0 9 0 61 3 21 128 0 Total Committed Residential 0 0 0 0 0 4 0 22 0 12 63 0 Total Committed Non-Residential 0 0 0 1 0 5 0 39 3 9 65 0 Double Count Reduction 0 0 0 0 0 1 0 6 0 2 13 0 Total Discounted Committed 0 0 0 1 0 8 0 55 3 19 115 0 Historical Growth 1 2 2 7 2 8 2 39 5 25 95 1 Comm Dev+1%Growth 1 1 1 5 1 13 1 80 6 35 177 1 Growth Volume Used 1 2 2 7 2 13 + 2 80 6 35 177 1 Total Volume 11 21 22 68 21 86 21 430 47 261 1039 13 Input Data E-W Street:Ocean Ave COUNT DATE:2/12/2019 N-S STREET:S Federal Hwy CURRENT YEAR:2019 10/12/2021 TIME PERIOD:PM ANALYSIS YEAR:2026 GROWTH RATE: 1.51% PSF: 1 SIGNAL ID:46350 Intersection Volume Development Eastbound Westbound Northbound Southbound Left Thou Right' Left Thru Right Left iThru Right; Left Thru Right Existing Volume 18 21 25 '114 51 246 36 i 781 70 243 526 13 Diversions 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Peak Season Volume 18 21 25 114 51 246 36 '781 70 243 526 13 Committed Developments Type %Complete Villages of East Ocean 0 0 0 0 0 12 0 r 74 0 9 52 0 Res 0% Alta at Boynton Village 0 0 0 0 0 0 0 6 0 0 4 0 Res 30% Riverwalk Plaza 0 0 0 5 0 0 0 14 5 0 16 0 NR 70% Ocean 95 Exchange Park 0 0 0 0 0 0 0 1 0 , 0 4 0 NR 25% 211 E.Ocean Avenue Restaurant 0 0 0 0 0 1 0 1 0 1 1 0 NR 0% Ocean One 0 0 0 0 0 12 0 86 0 'i 9 65 0 NR 0% Ocean Breeze East 0 0 0 0 0 2 0 5 0 1 3 0 Res 0% Total Committed Developments 0 0 0 5 0 27 0 187 5 20 145 0 Total Committed Residential 0 0 0 0 0 14 0 85 0 10 59 0 Total Committed Non-Residential 0 0 0 5 0 13 0 102 5 10 86 0 '1 Double Count Reduction 0 0 0 0 0 3 0 20 0 2 15 0 Total Discounted Committed 0 0 0 5 0 24 0 167 5 18 130 0 Historical Growth 2 2 3 13 6 27 4 86 8 27 58 1 Comm Dev+1%Growth 1 2 2 13 4 42 3 223 10 36 168 1 Growth Volume Used 2 2 3 13 6 42 4 223 10 36 168 1 Total Volume 20 23 28 127 57 288 40 1004 80 279 694 14i VOLUME DEVELOPMENT SHEET Boynton Beach Mixed-Use&Rail BOYNTON BEACH BOULEVARD&FEDERAL HIGHWAY EXISTING GEOMETRY Growth Rate= 1.00% Peak Season= 1.1 1.1 Buildout Year= 2026 2026 Years= 6 6 e Northbound Southbound Eastbound Westbound LT Thru RT LT Thru RT LT Thru RT LT Thru RT Existing Volume on 03/18/2020 142 286 9 17 561 122 116 51 277 29 42 12 Peak Season Volume 156 315 10 19 617 134 128 56 305 32 46 13 Traffic Volume Growth 10 19 1 1 38 8 8 3 19 2 3 1 Committed Development 70 9 0 0 5 28 17 0 36 0 0 0 1.0%Traffic Volume Growth 10 19 1 1 38 8 8 3 19 2 3 1 Committed+1.0%Growth 80 28 1 1 43 36 25 3 55 2 3 1 Max(Committed+1.0%or Historic Growth) 80 28 1 1 43 36 25 3 55 2 3 1 Background Traffic Volumes 236 343 11 20 660 170 153 59 360 34 49 14 Project Traffic Inbound Traffic Assignment 20.0% Inbound Traffic Volumes 4 Outbound Traffic Assignment 40.0% 20.0% Outbound Traffic Volumes 23 11 Project Traffic 23 0 0 0 4 0 11 0 0 0 0 0 Total Traffic w/o RTOR 259 343 11 20 664 170 164 59 360 34 49 14 RTOR Reduction TOTAL TRAFFIC 259 343 0 20 664 110 164 59 300 34 49 0 e Northbound Southbound Eastbound Westbound LT Thru RT LT Thru RT LT Thru RT LT Thru RT Existing Volume on 03/18/2020 383 718 25 21 502 132 222 56 293 12 83 22 Peak Season Volume 421 790 28 23 552 145 244 62 322 13 91 24 Traffic Volume Growth 26 49 2 1 34 9 15 4 20 1 6 1 Committed Development 80 14 0 0 16 29 37 0 102 0 0 0 1.0%Traffic Volume Growth 26 49 2 1 34 9 15 4 20 1 6 1 Committed+1.0%Growth 106 63 2 1 50 38 52 4 122 1 6 1 Max(Committed+1.0%or Historic Growth) 106 63 2 1 50 38 52 4 122 1 6 1 Background Traffic Volumes 527 853 30 24 602 183 296 66 444 14 97 25 Project Traffic Inbound Traffic Assignment 20.0% Inbound Traffic Volumes 11 Outbound Traffic Assignment 40.0% 20.0% Outbound Traffic Volumes 9 4 Project Traffic 9 0 0 0 11 0 4 0 0 0 0 0 Total Traffic w/o RTOR 536 853 30 24 613 183 300 66 444 14 97 25 RTOR Reduction TOTAL TRAFFIC A B C D E F G H I J K L M N 0 Input Data E-W Street:Boynton Beach Blvd COUNT DATE:4/5/2017 Report Created N-S STREET:Federal Hwy CURRENT YEAR:2017 10/12/2021 TIME PERIOD:AM ANALYSIS YEAR:2026 GROWTH RATE:% PSF: 1 SIGNAL ID:46225 Intersection Volume Development Eastbound Westbound Northbound Southbound Left Thru Right Left Thru Right Left Thru Right Left Thru Right Diversions ':0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Peak Season Volume 0 0 0 0 0 0 0 0 0 0 0 0 Committed Developments Type %Complete Forest Park Elem. 1 0 0 0 0 0 0 1 0 0 1 2 NR 75% Renaissance Commons Com 0 0 0 0 0 0 1 0 0 0 0 0 NR 75% Alta at Boynton Village 9 0 9 0 0 0 2 0 0 0 0 2 Res 0% Riverwalk Plaza 0 0 1 + 0 0 0 3 8 0 0 4 0 NR 70% Ocean 95 Exchange Park 1 0 1 0 0 0 5 0 0 0 0 7 NR 0% 211 E.Ocean Avenue Restaurant 1 0 1 0 0 0 1 0 0 1 0 0 1 NR 0% Ocean One 7 0 26 0 0 0 59 0 0 0 0 17 NR 0% Total Committed Developments 19 0 38 0 0 0 71 9 0 0 5 29 Total Committed Residential 9 0 9 0 0 0 2 0 0 0 0 2 Total Committed Non-Residential 10 0 29 0 0 0 69 9 0 0 5 27 Double Count Reduction 2 0 2 0 0 0 1 0 0 0 0 1 Total Discounted Committed 17 0 36 0 0 0 70 9 0 0 5 28 Historical Growth #VALUEI #### ######### #### '#### #### #####1#### #VALUEI #VALUE1 Comm Dev+1%Growth 0 0 0 0 0 0 0 0 0 0 0 0 Growth Volume Used 0 0 0 0 0 0 i 0 0 0 0 0 0 Total Volume 0 0 0 0 0 0 0 0 0 0 0 0 Input Data E-W Street:Boynton Beach Blvd COUNT DATE:4/5/2017 Report Created N-S STREET:Federal Hwy CURRENT YEAR:2017 10/12/2021 TIME PERIOD:PM ANALYSIS YEAR:2026 GROWTH RATE:% PSF: 1 SIGNAL ID:46225 Intersection Volume Development Eastbound Westbound Northbound Southbound Left Thru Right Left Thru Right Left Thru Right Left Thru Right Diversions ':0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Peak Season Volume 0 0 0 0 0 0 0 0 0 0 0 0 Committed Developments Type %Complete Forest Park Elem. 1 0 0 0 0 0 0 0 0 0 0 1 NR 75% Renaissance Commons Com 0 0 1 0 0 0 1 0 0 0 0 0 NR 75% Alta at Boynton Village 5 0 5 0 0 0 9 0 0 0 0 9 Res 0% Riverwalk Plaza 0 0 5 0 0 0 5 14 0 0 16 0 NR 70% Ocean 95 Exchange Park 6 0 5 0 0 0 1 0 0 0 0 1 NR 0% 211 E.Ocean Avenue Restaurant 1 0 1 0 0 0 1 0 0 0 0 1 NR 0% Ocean One 25 0 86 0 0 0 65 0 0 0 0 19 NR 0% Total Committed Developments 38 0 103 0 0 0 '- 82 14 0 0 16 31 Total Committed Residential 5 0 5 0 0 0 9 0 0 0 0 9 Total Committed Non-Residential 33 0 98 0 0 0 73 14 0 0 16 22 Double Count Reduction 1 0 1 0 0 0 2 0 0 0 0 2 Total Discounted Committed 37 0 102 0 0 0 80 14 0 0 16 29 Historical Growth 9.63778E+41 0 0 0 0 0 I' 0 0 0 0 0 9.63778E+41 Comm Dev+1%Growth 9.63778E+41 0 0 0 0 0 0 0 0 0 0 9.63778E+41 Growth Volume Used 0 0 0 0 0 0 0 0 0 0 0 0 Total Volume 1 0 0 0 0 0 0 0 0 0 0 1 Page 1 of 5 Palm Beach County Signal Timing Sheet 3/13/2018 46225 : 4090-Boynton Beach Bl and Federal Hwy(Standard File) Phase[1.1.1] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 (NL) (ST) (EL) (WT) (SL) (NT) (WL) (ET) Walk 7 7 7 7 Ped Clearance 1824 20 26 m..m............... Min Green 4 20 4 6 4 20 4 6 5 W3.5 5 5 5 5 m..m..m............ Passage 2 3.5 3 2 2 3.5 2 3 1 1 1 1 1 Maxl 25 45 35 15 10 45 15 35 25 5 25 25 25 Max2 50 50 50 50 50 ..........,.Yellow 4 4 4 4 4 4 4 4 3.5 .5 3.5 3.5 3.5 Red 2 2 2 2.5 2 2 2 2.5 1.5 .5 1.5 Phase Option[1.1.2] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 (NL) (ST) (EL) (WT) (SL) (NT) (WL) (ET) Enable ONPON ON ON ON ON ON ON Auto Entry ON ON Auto Exit ON NonActl .................................... Non Act2 Lock Call ON ON ON ON ON ON ON ON ON Min Recall ON Max Recall ..m..m..m..m..m..m... Ped Recall Dual En ON ON ON ON Sim Ga Enable ON ON ON ON ON ON ON ON ON ON ON ON Rest In Walk Detector,Vehicle Parameters 1-16[5.1] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 (NBLI) (SBTI) (EBLI)(WBT1) (SBL1) (NBT1)(WBL1)(EBT1) Call Phase 1 2 1 3 4 1 5 6 7 8 Switch Phase 8 4 Detector,Vehicle Parameters 17-32[5.1] 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Call Phase Switch Phase Dela Time Detector,Vehicle Parameters 33-48[5.1] 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ECall Phase Switch Phase ............... Dela Time Detector,Vehicle Parameters 49-64[5.1] 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 �DelayEe Approved By: lgao Date: http://172.25.20.52/StreetWise2WS/TimingSheetPaImBeach.aspx 3/13/2018 Page 2 of 5 Palm Beach County System Timing Sheet 3/13/2018 46225 : 4090-Boynton Beach Bl and Federal Hwy(Standard File) TB Coor,Day Plan[4.4] Day Plan Table 1 1 1 1 2 1 3 1 4 1 5 6 1 7 1 8 1 9 1 10 1 11 1 12 1 13 1 14 1 15 1 16 Hour 1 1 6 9 16 19 22 Minute 30 Action 100 2 1 3 4 100 Day Plan Table 2 1 1 1 2 1 3 1 4 1 5 6 1 7 1 8 1 9 1 10 1 11 1 12 1 13 1 14 1 15 1 16 Hour 9 20 i Minute Action 100 1 100 Day Plan Table 3 1 2 3 4 5 6 1 7 8 9 10 11 12 13 14 15 16 Hour 9 20 m..m..m..m..m..m... Minute Action 100 1 100 Coordination,Pattern 1-16[2.1]/Coordination,Alt Tables+[2.6] Pattern 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Cycle Time 155 155 160 120 155 155 160 120 .---m m, - m.._ m m,-----m m,-- ---i m,-- m,m,m,m.--- m,m,m9 Offset Time 123 125 3 101 96 96 49 1 4 Slit Number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Seq Number 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Ph t Alt Ph Time Alt 1 2 3 4 Coordination,Splits[2.7.1] Split Table 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Time 30 50 35 40 18 62 20 55 Mode NON MAX NON NON NON MAX NON NON NON NON NON NON NON NON NON NON Coord-Ph ON Split Table 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 15 16 Time 18 71 26 40 16 73 16 50 Mode NON MAX i NON NON NON MAX NON NON NON NON NON NON NON NON NON NON Co -Ph ON Split Table 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 �CoordPh 32 60 28 40 19 73 20 48 =..m,m,m,m,m,m,m m,m,m,m,m,m _.m,m,m,m m,m,m,m,m,m,m m,m,m,m,m.m,m m,m,m,m,m,m.m m,m,m,m,m,mm,m,m,m,m,m,m, m,m,m,m.m,m,m,m,m,m,m,m.m,m,m,m,m,m,m,m..m... NON MAX NON NON NON MAX NON NON NON NON NON NON NON NON NON NON ON Split Table 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 [�� 22 40 23 35 16 46 20 38 .m..m..m..m..m..m.. NON MAX NON NON NON MAX NON NON NON ON NON NON NON NON NON NON ON Split Table 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 �CoordPh NON MAX NON NON NON MAX NON NON NON NON NON NON NON NON NON NON ON Split Table 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 �CoordPh ..m..m.,m.,m.,m..m... NON MAX NON NON NON MAX NON ON NON NON NON NON NON NON NON NO ON Approved By: lgao Date: http://172.25.20.52/StreetWise2WS/TimingSheetPaImBeach.aspx 3/13/2018 Page 3 of 5 Palm Beach County Preempt&Overlap Timing Sheet 3/13/2018 46225 : 4090-Boynton Beach Bl and Federal Hwy(Standard File) Preemption Tim es[3.1]/Phases[3.2]/Options[3.3] Preemption Times+[3.4]/Overlaps+[3.5]/Options+[3.6] Channel 1 1 2 3 4 5 6 Preempt 1 2 3 4 5 6 Lock Input ON ON ON ON ON Enable -------------------------- .�.....��.......�� T e RAIL EMERG EMERG EMERG EMERG EMERG Override Flash ON i ON ON ON ON Override Fh'her_ Skip Track Flash Dwell Volt Mon Flash Link Coord in Preem t ..m..m..m..m..m.....m..m..m..m.m. .m..m..m..m..m..m..m..m.. ..m..m..m..m..m..m..m..m... DelaMax2 .m..m..m..m..m..m..m..m.. ..m..m..m..m..m..m..m..m.., Min Duration Return Max/Min MAX MAX MAX MAX MAX MAX m..m..m..m..m..m..m..m..m..m..m....m..m..m,,,m„m, ..m..m..m..m..m..m..m..m.. Min Green Extend Dwell Min Walk Pattem Ped ClearOu ut Mode TS2 TS2 TS2 TS2 TS2 TS2 Track Green Track Over 1 Min Dwell Track Over 2 m..m..m..m..m..m..m..m..m..,m..m..m..m..m..m..m..m..m.. Max Presence Track Over 3 Track RI Track Over 4 ______._____._...m..m..m..m..m..m..m..m...m..m..m..m..m..m..m..m.. Track R2 Track Over 5 Track R3 Track Over 6 Track R4 Track Over 7 , m,m,m,m,m,m m,m. .m..m..m..m, Dwell PI Track Over 8 Dwell P2 Track Over 9 m..m..m..m..m.. .�.....� ..m..m..m..m..m..m..m................................. Dwell P3 Track Over 10 ................-- .m..m..m..m..m..m..m..m....m..m..m..m..m..m..m..m..,_..m..m..m..m..m..m..m................................ . Dwell P4 Track Over 11 Dwell P5 Track Over 12 ...m..m..m..m..m..m..m..m...m..m..m..m..m..m..m..m..0 Dwell P6 Dwell Over 1 Dwell P7 Dwell Over 2 Dwell P8 Dwell Over 3 ! ------------------------------------------------------- Dwell P9 Dwell Over 4 Dwell P10 Dwell Over 5 Dwell PI l Dwell Over 6 Dwell P12 Dwell Over 7 ..m..m..m..m..m. ...m..m..m..m..m..m..m..m...m..m..m..m..m..m..m..m..0 Dwell Pedl Dwell Over 8 ______ ______.,m,m,m,m,m, m..m, ..m..m..m..m. Dwell Ped2 Dwell Over 9 .,______ m..m..m..m..m.. ..m..m..m..m..m.,m..m..m..m..m.,,m,, ...,...,...,...,...,...,...,...,. ..,...,...,...,...,...,...,...,... Dwell Ped3 Dwell Over 10 .....____._ ..,.._ ..m..m..m..m..m.. .m..m..m..m..m..m..m..m..m..m..m..m..m..m..m..m..m..m.. Dwell Ped4 Dwell Over 11 Dwell Peds Dwell Over 12 Dwell Ped6 i i .m..m..m..m..m..m..m..m....m..m..m..m..m..m..m..m..,_..m..m..m..m..m..m..m..m...m..m..m..m..m..m..m..m..m.. Ped Clear Dwell Ped? Yellow ...m..m..m..m..m..m..m..m...m..m..m..m..m..m..m..m..0 Dwell Ped8 Red Exit RI Return Min/Max Exit R2 Dela Inh .......................... m..m..m..m..m..m..m..m..m. Exit R3 Exit Time Exit R4 All Red B4 Overlap Program Parameters[1.5.2.1] Overlap Included Phases Modifer Phases Type Green Yellow Red Overla 1 NORMAL 3 5 1 5 ............... m,m.m,m, m,m,m.m.. m,m,m,m,m m,m.m,m,m m,m,m,m,m.. .m,m,m,m,m m,m,m.m,m m,m,m,m,m.m.m,m,m,m, m,m,m.m,m,m,m,m,m m,m.m,m,m,m,m,m,m m.m, m,m,m,m,m,m,.m, m,m,m,m,m,m,m... Overlap 2 NORMAL 3.5 1.5 ................ Overla 3 NORMAL 3.5 1.5 a..... ,...,. m..m..m.. .m,m.m..m.. Overla 4 I NORMAL _ 3.5 1.5 Overlap 5 NORMAL 3.5 1.5 ..m..m..m..m....m..m..m..m.. .m..m..m..m..m. Overla 6 NORMAL 3.5 1.5 Overla 7 NORMAL 3.5 1.5 .m..m..m..m..m..i Overlap 8 NORMAL 3.5 1.5 ..m.,m.,m.,m...,m.,m.,m.,m.. .m.,m.,m.,m.,m.. Overla 9 NORMAL 3.5 1.5 Overla 10NORMAL 3.5 1.5 .m..m..m..m..m.,m..m..m..m..m.,m..m..m..m..m.....m..m..m..m..m.. Overla 11 NORMAL 3.5 1.5 Overlap 12 NORMAL 3.5 1.5 ..m..m..m..m..- Overla 13 NORMAL 3.5 1.5 .m..m..m..m..m..i Overla 14 NORMAL 3.5 1.5 Overlap 15 NORMAL 3.5 1.5 Overla 16 NORMAL 3.5 1.5 Approved By: lgao Date: http://172.25.20.52/StreetWise2WS/TimingSheetPaImBeach.aspx 3/13/2018 Page 4 of 5 Palm Beach County Alternate Timing Sheet 3/13/2018 46225 : 4090-Boynton Beach Bl and Federal Hwy(Standard File) Alternate Phase Program 1,Interval Times[1.1.6.1] Alternate Phase Program 2,Interval Times[1.1.6.1] M M 'a < XM ID a w H m a 3 x xto Mo v m s n n 3 1_4� 7 25 4 2 1 1 4 2030 4W21 jj 45 4 2 2 2 7 18 20 415 4 2 3 3 4 415 4 2.5 4 4 7 24 6 410 4 2 5 5 4 445 4 2 6 6 7 20 20 4 7 4 = 4 15 4 2 _ 7 8 7 26 6 4 25 4 2.5 8 Alternate Phase Program 3,Interval Times[1.1.6.1] Alternate Phase Program 4,Interval Times[1.1.6.1] CU d a 3 0 I A d H 'S r n Ill y i- — n M U3 L 4 2 33 4 2 1 1 4 2 20 4 2 1 18 20 3.5 45 4 2 2 2 7 18 20 3.5 45 4 2 2 ,mmmmmm m,m,m,m,m, .m.m,m,m,m,m,m,m,m.m,m, m,m,m,m,m.,m,m,m,m,m,m m,m,m, m,m,m..m..m, ..m.._=4 4 15 m,m,m,m.m..,m,m4m,m 2 3 3 4 4 16 4 2 3 mm,m,m,m,m,m m.m,m,m,m, m,m,m.m,m m..m,m,m,m m,m,m,m,m.m m,m,m,m.m..6 2 15 4 2 5 4 4 7 24 6 2 15 4 2.5 4 m. 4 2 10 4 2 5 5 4 2 10 4 2 5 mm m,m,m,.......m, m,m,m m,m,m.m,m,m m,m,m,m,... m,m,m,m,m,m,m.m,m,m,m m,m,m,m,.. .......... 6 7 20 20 35 45 4 2 6 20 20 3.5 45 4 2 6 4 2 15 4 2 7 7 4 2 15 4 2 7 8 7 26 6 3 25 4 26 6 3 25 4 2.5 8 Alternate Phase Program 5,Interval Times[1.1.6.1] 3 9 CU d c 3 a m 'D H - x x a m m n 10 n = n m °�' S 0,, 3 1 2 ..m..m.m,m,m, m,m,m.m.m m,m,m,m,m, .m.m,m,m,m,m,m,m,m.m,m, m,m,m,m,m.,m,m,m,m,m,m m,m,m, ..m..m..m, 3 4 5 6 ..m..m.m,m,m, m,m,m.m.m m,m,m,m,m, .m.m,m,m,m,m,m,m,m.m,m, m,m,m,m,m.,m,m,m,m,m,m m,m,m, 7 8 TB Coor,Day Plan[4.4] Day Plan Table 4 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 1 10 1 11 1 12 1 13 1 14 1 15 1 16 Hour 1 1 6 9 16 19 22 Minute 30 Action 100 2 1 3 4 100 Day Plan Table 5 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 1 10 1 11 1 12 1 13 1 14 1 15 1 16 Hour 6 9 16 19 22 .m..m..m..m..m..m.,m..m..m..m..m..m.. .m..m..m..m..m..m... .m..m..m..m..m..m..m.. Minute 30 Action 100 12 11 13 14 100 Day Plan Table 6 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 1 10 1 11 1 12 1 13 1 14 1 15 1 16 Hour Minute Action 100 Approved By: lgao Date: http://172.25.20.52/StreetWise2WS/TimingSheetPaImBeach.aspx 3/13/2018 Page 5 of 5 Palm Beach County Special System Timing Sheet 3/13/2018 46225 : 4090-Boynton Beach Bl and Federal Hwy(Standard File) Coordination,Splits[2.7.1] Split Table 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Time Mode NON MAX NON NON NON MAX NON NON NON NON NON NON NON NON NON NON .m..m..m..m..m..m..m.. ...m..m..m..m..m..m... Coord-Ph ON Split Table 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 �CoordPh .m..m..m..m..m..m.. NON MAX NON NON NON MAX NON NON NON NON NON NON NON NON NON NON ON Split Table 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 �Coord-Ph m..m..m..m..m..m..m.....m..m..m..m..m..m....m..m..m..m..m..m..m...m..m..m..m..m..m..m.,m..m..m..m..m..m..m..i m..m..m..m..m..m..m.. NON MAX NON NON NON �� NON NON NON NON NON NON NON NON ON Split Table 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 �CoordPh ..m,m m m m m,m m,m m m m m,m, m,m..m NOR- m, m,m m..m m m,m m,m m m m m,m m,m m m m.m,m m,m m m m m.m m,m m m m m,m.,m,m m m m m,m, ..m,m m m m,m,.m,m m m m m,m m,m m.m m m,m m,m m m.m m,m,m,m,m m m.m,m,m,m,m m m m.m, m,m.,. NON MAX NON NON NON MAX NON NON NON NON NON NON NON NON NON ON ON Split Table 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 �CoordPh 30 76 20 29 16 90 15 34 NON MAX NON NON NON MAX NON NON NON NON NON NON NON NON NON NON ON Split Table 12 F 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Time F..m,m , , mm m,m, m,m..mmmm, m,mm2..m mm,mm,mmm 85 3930 mmmmmm m.. ... Mode NON I MAX NON NON NON MAX NON NON NON NON NON NON NON NON NON NON Coord-Ph ON Split Table 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Time 40 63 25 32 19 84 22 35 .. m,...m,m,m,m, m,m,m..m,m,m,m m,m,m,m,m,m,m m,m,.§mL.m,m m,m,.gm .m.m m,m,.2m .m,...m,m,m,m,m,m,m, ..m,m,m,m,m,m,.m,m,m,m,m,m,m m,m,m,m,m,m,m m,m,m,m,m,m,m,m,m,m,m,m.m,m,m,m,m,m,m,m..m... Mode NON MAX NON NON NON MAX NON NON NON NON NON NON NON NON NON NON Coord-Ph ON Split Table 14 1 2 3 4 5 1 6 1 7 8 9 10 11 12 13 14 15 16 Time 22 40 23 35 1(�I 46 1 20 38 Mode NON MAX i NON NON NON MAX NON NON NON NON NON NON NON NON NON NON Co -Ph ON Split Table 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 �CoordPh NON MAX NON NON NON MAX NON NON NON NON NON NON NON NON NON NON ON Split Table 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 �CoordPh ..m..m.,m.,m.,m..m... NON MAX NON NON NON MAX NON ON NON NON NON NON NON NON NON NO ON Approved By: lgao Date: http://172.25.20.52/StreetWise2WS/TimingSheetPaImBeach.aspx 3/13/2018 J aagJ J �}U"'LLI ?l' n n n n It W D o D O D D D D Z A O O O O O O O O a �y W J a o O O o o o Q +zn.; m z ae 0. Z '..► N Z FW- t, s U H co d` r ki .., Q J 777, si ti Q W U Li D W N 4' 2 Z c 0 Ll �" O O O O O O p O N n tt tt ttt�t 7 t N f" Y s W � t-- aa ZI O O O O O O O 'LLI 1'S t fit' MIX O O O O O O O O M N N of of Wi. , O O O O O O O O N Z V44 , W � r ,69 S N N N N N In In N N J _ a W Y d C O O O O O O O O LL �: N N N Y N N N W J CC di d W W m EO Z .WC . LLI ag Q LLI O J Y W Q V � O � C Z Q IMI m Q Z J m J m J m J m T' 0 , W _ 3 Z w H m N W w Z W C mUJI w D Z W W W T rw to r� a � W m r a Z 03 LL W W Wgz p a 0 tr 0 d C3 o y LLI tj z 7c p z in Z i ~ ~ J z W w _ z a a o, c c Q a r LLI PA J d', o ' I- o tOJ p p z 5 Z Z Z Z Z Z Z Z Z Z Z W 3 z r r r m W r I N - O ONWOO d W Z z N',,. 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Yellow Time(s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 All-Red Time(s) 2.0 2.5 2.5 2.0 2.5 2.5 2.0 2.0 2.0 2.0 Lost Time Adjust(s) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Lost Time(s); 6.0 6.5 6.5 6.0 6.5 6.5 6.0 6.0 6.0 6.0 Lead/Lag Lead Lag Lag Lead Lag Lag Lead Lag Lead Lag Lead-Lag Optimize? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Recall Mode None None None None None None None Max None Max Act Effct Green(s), 14.7 18.0 18.0 7.8 8.8 8.8 10.7 74.6 7.0 65.7 Actuated g/C Ratio 0.12 0.15 0.15 0.06 0.07 0.07 0.09 0.61 0.06 0.54 v/c Ratio 0.65 0.22 0.69 0.31 0.37 0.06 0.56 0.16II 0.21 0.44 Control Delay 67.1 49.7 16.9 64.7 64.6 0.4 62.6 13.0 62.8 18.9 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 67.1 49.7 16.9 64.7 64.6 0.4 62.6 13.0 62.8 18.9 LOS E D B E E A E B E B! Approach Delay 33.8 55.5 29.1 20.0 Approach LOS C E C B Cycle Length: 155 Actuated Cycle Length: 121.5 Natural Cycle:95 Control Type: Semi Act-Uncoord Maximum v/c Ratio:0.69 Intersection Signal Delay:27.8 Intersection LOS: C Intersection Capacity Utilization 59.0% ICU Level of Service B Analysis Period(min) 15__, Splits and Phases: 1: Federal Highway&Boynton Beach Blvd 01 02 1' f 3 Him v t� .4 05 06 07 0 EXAM 2:03 pm 10/12/2021 Baseline Synchro 11 Report Page 1 Queues EX AM 1: Federal Highway & Boynton Beach Blvd 10/13/2021 ''t Lane Group Flow(vph) 139 61 332 35 50 14 170 353 21 817 v/c Ratio 0.65 0.22 0.69 0.31 0.37 0.06 0.56 0.16II 0.21 0.44 Control Delay 67.1 49.7 16.9 64.7 64.6 0.4 62.6 13.0 62.8 18.9 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 67.1 49.7 16.9 64.7 64.6 0.4 62.6 13.0 62.8 18.9 Queue Length 50th(ft) 109 45 29 28 39 0 68 70 17 2051 Queue Length 95th(ft) 184 90 131 66 84 0 112 114 46 294 Internal Link Dist(ft) 1893 782 570 962 Turn Bay Length(ft) 230 300 190 300 280 Base Capacity(vph) 294 673 759 147 518 547 342 2163 147 1870 Starvation Cap Reductn _0 0 0 0 0 0 0 0 0 0 Spillback Cap Reductn 0 0 0 0 0 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 0 0 0 0 0 Reduced v/c Ratio 0.47 0.09 0.44 0.24 0.10 0.03 0.50 0.16II 0.14 0.44 EXAM 2:03 pm 10/12/2021 Baseline Synchro 11 Report Page 2 HCM 6th Signalized Intersection Summary EX AM 1: Federal Highway & Boynton Beach Blvd 10/13/2021 Lane Configurations Traffic Volume(veh/h) 128 56 305 32 46 13 156 315 10 19617 134 Future Volume(veh/h) 128 56 305 32 46 13 156 315 10 19 617 134 Initial Q(Qb),veh 0 0 0 0 0 0 0 0 0 00 0 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus,Adj 1,00 1,00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No No Adj Sat Flow,veh/h/In 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 Adj Flow Rate,veh/h 139 61 332 35 50 14 170 342 11 21 671 146 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Percent Heavy Veh, % 2 2 2 2 2 2 2 2 2 2 2 2 Cap,veh/h 165 429 364 45 302 256 224 1908 61 29 1435 3112 Arrive On Green 0.09 0.23 0.23 0.03 0.16 0.16 0.06 0.54 0.54 0.02 0.49 0.49 Sat Flow,veh/h " 1781 1870 1585 1781 1870 1585 3456 3514 113 1781' 2903 631 Grp Volume(v),veh/h 139 61 332 35 50 14 170 173 180 21 410 407 Grp Sat Flow(s),veh/h/In 1781 1870 1585 1781 1870 1585 1728 1777 1850 1781' 1777 1757 Q Serve(g_s),s 10.1 3.4 26.8 2.6 3.0 1.0 6.4 6.5 6.5 1.5 20.0 20.0 Cycle Q Clear(g_c),s 10.1 3.4 26.8 2.6 3.0 1.0 6.4 6.5 6.5' 1.5; 20.0 20,0 Prop In Lane 1.00 1.00 1.00 1.00 1.00 0.06 1.00 0.36 Lane Grp Cap(c),veh/h 165 429 364 45 302 256 224 965 1004 29 878 869 V/C Ratio(X) 0.84 0.14 0.91 0.78 0.17 0.05 0.76 0.18 0.18 0.72 0.47 0.47 Avail Cap(c_a),veh/h 271 619 524 135 477 404 315 965 1004 135; 878 869 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 1,00 1,00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Uniform Delay(d),s/veh 58.7 40.4 49.4 63.7 47.5 46.6 60.5 15.2 15.2 64.4 21.9 21.9 Incr Delay(d2), s/veh 11.6 0.2 15.8 24.7 0.3 0.1 6.6 0.4 0.4 28.51 1.8 18 Initial Q Delay(d3),sNeh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 °l«ile BackOfQ(50%),veh/In: 51 1.6 12.2 1.5 1.4 0.4 3.0 2.7 2.9 0.9i 8.7 8,7 Unsig. Movement Delay,s/veh LnGrp Delay(d),s/veh 70.3 40.5 65.1 88.4 47.7 46.7 67.1 15.6 15.6 92.9 23.6 23,7 LnGrp LOS E D E F D D EB B F C C Approach Vol,veh/h 532 99 523 838 Approach Delay,s/veh 63.7 62.0 32.4 25.4 Approach LOS E E C C .,;i: 7 a„ ti,�a ay, s 1 t s s ,ss':• jt s, ty a t ''.,'l - s i t. a'. si ,t'"�.-{ i ts t 3 t, a s174 1 sl,asl 1 1, , Phs Duration(G+Y+Rc),s8.1 77.4 9.3 36.7 14.5 71.0 18.2 27.7 Change Period(Y+Rc),s__ 6.0 6.0 6.0 6.5 6.0 6.0 6.06.5 Max Green Setting(Gmax) s 10.0 67.0 10.0 43.5 12.0 65.0 20.0 33.5 Max Q Clear Time(g_c+I1),s 3.5 8.5 4.6 28.8 8.4 22.0 12.1 5.0 Green Ext Time(p-c),s 0.0 2.3 0.0 1.3 0.2 6.3 0.2 0.3 HCM 6th Ctrl Delay 39.3 HCM 6th LOS D EXAM 2:03 pm 10/12/2021 Baseline Synchro 11 Report Page 3 Timings EX AM 2: Ocean Avenue & Federal Highway 10/13/2021 t` '~ �.�> l,,:�+.f5.i��.tc�i�,�..+.ct� �;,:�r.15.w �'�,,,�"i.crS��t,s��.it+.1.� �i),�:r.1.cl�tl.il.il.il.it.il.il.il.il.il.il.il.i1.i11, Lane Configurations Traffic Volume(vph) 21 102 131 38 116 12 417 272 696 Future Volume(vph) 21 102 131 38 116 12 417 272 696 Turn Type Prot NA Prot NA Perm Prot NA Prot NA Protected Phases 7 4 3 8 5 2 1_ 6, Permitted!Phases 8 Detector Phase 7 4 3 8 8 5 2 1 6 Switch Phase Minimum Initial(s) 4.0 6.0 4.0 6.0 6.0 4.0 20.0 4.0 20.0 Minimum Split(s) 11.0 38.0 11.0 39.0 39.0 10.0 33.0 10.0 26.0 Total Split(s) 22.0 40.0 24.0 42.0 42.0 25.0 61.0 30.0 66.0 Total Split(%) 14.2% 25.8% 15.5% 27,1% 27,1% 16,1% 39.4% s 19.4% 42.6% YellowTime(s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0_. 4.0 All-Red Time(s) 3.0 3.0 3.0 3.0 3.0 2.0 2.0 2.0 2.0 Lost Time Adjust(s) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Lost Time(s); 7.0 7.0 7.0 7.0 7.0 6.0 6.0 6.0 6.0 Lead/Lag Lead Lag Lead Lag Lag Lead Lag Lead Lag Lead-Lag Optimize? Yes Yes Yes Yes Yes Yes Yes Yes Yes Recall Mode None None None None None None Max None Max Act Effct Green(s) 7.3 14.8 15.0 27.9 27.9 6.6 55.1 24.1 i 80.0 Actuated g/C Ratio 0.05 0.11 0.11 0.21 0.21 0.05 0.41 0.18 0.59 v/c Ratio 0.24 0.66 0.72 0.11 0.30 0.15 0.48 0.94 0.38 Control Delay 69.0 70.6 79.7 47.0 9.6 67.5 28.6 92.6 16.9 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 69.0 70.6 79.7 47.0 9.6 67.5 28.6 92.6 16.9 LOS E E E D A E C F li B ' Approach Delay 70.4 46.8 29.3 37.5 Approach LOS E D C D Cycle Length: 155 Actuated Cycle Length: 135 Natural Cycle: 105 Control Type: Semi Act-Uncoord Maximum v/c Ratio:0.94 Intersection Signal Delay:38.6 Intersection LOS: D Intersection Capacity Utilization 68.8% ICU Level of Service C Analysis Period(min) 15__, Splliitts,�and Phases: 2: Ocean Avenue&Federal Highway �^ t02 fo 3 4= mom 05 • 06 07 08 e EXAM 2:03 pm 10/12/2021 Baseline Synchro 11 Report Page 4 Queues EX AM 2: Ocean Avenue & Federal Highway 10/13/2021 t` '~ �.�> l,,:�+.f5.i��.tc�i�,�..+.ct� �;,:�r.15.w �'�,,,�"i.crS��t,s��.it+.1.� �i),�:r.1.cl�tl.il.il.il.it.il.il.il.il.il.il.il.i1.i11, Lane Group Flow(vph) 23 133 142 41 126 13 679 296 790 v/c Ratio 0.24 0.66 0.72 0.11 0.30 0.15 0.48 0.94 0.38 Control Delay 69.0 70.6 79.7 47.0 9.6 67.5 28.6 92.6 16.9 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 69.0 70.6 79.7 47.0 9.6 67.5 28.6 92.6 16.9 Queue Length 50th(ft) 20 110 122 31 0 11 211 263 168 Queue Length 95th(ft) 52 180 #213 67 56 36 290 #472 298 Internal Link Dist(ft) 918 1812 308 570 Turn Bay Length(ft) 110 250 250 180 150 Base Capacity(vph) 197 449 223 484 504 249 1409 315 2085' Starvation Cap Reductn _0 0 0 0 0 0 0 0 0 Spillback Cap Reductn 0 0 0 0 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 0 0 0 0 Reduced v/c Ratio 0.12 0.30 0.64 0.08 0.25 0.05 0.48 0.94 0.38 # 95th percentile volume exceeds capacity,queue maybe longer. Queue shown is maximum after two cycles. EXAM 2:03 pm 10/12/2021 Baseline Synchro 11 Report Page 5 HCM 6th Signalized Intersection Summary EX AM 2: Ocean Avenue & Federal Highway 10/13/2021 Lane Configurations Traffic Volume(veh/h) 21 102 20 131 38 116 12 417 208 272 696 30 Future Volume(veh/h) 21 102 20 131 38 116 12 417 208 272 696 30 Initial Q(Qb),veh 0 0 0 0 0 0 0 0 0 0 0 0 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus,Adj 1,00 1,00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No No Adj Sat Flow,veh/h/In 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 Adj Flow Rate,veh/h 23 111 22 142 41 126 13 453 226 296 757 33 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Percent Heavy Veh, % 2 2 2 2 2 2 2 2 2 2 2 2 Cap,veh/h 31 140 28 168 317 269 21 990 490 320 2075 90 Arrive On Green 0.02 0.09 0.09 0.09 0.17 0.17 0.01 0.43 0.43 0.18 0.60 0.60 Sat Flow,veh/h " 1781 1516 300 1781 1870 1585 1781 2302 1140 1781' 3469 151 Grp Volume(v),veh/h 23 0 133 142 41 126 13 349 330 296 388 402 Grp Sat Flow(s),veh/h/In 1781 0 1816 1781 1870 1585 1781 1777 1665 1781' 1777 1843 Q Serve(g_s),s 1.6 0.0 9.2 10.0 2.4 9.2 0.9 17.8 18.0 20.9 14.3 14.4 Cycle Q Clear(g_c),s 1.6 0.0 9.2 10.0 2.4 9.2 0.9 17.8 18.0 20.9' 14.3 14.4 Prop In Lane 1.00 0.17 1.00 1.00 1.00 0.68 1.00 0.08 Lane Grp Cap(c),veh/h 31 0 168 168 317 269 21 764 716 320 1063 1103 V/C Ratio(X) 0.74 0.00 0.79 0.84 0.13 0.47 0.63 0.46 0.46 0.92 0.36 0.36 Avail Cap(c_a),veh/h 209 0 468 237 512 434 265 " 764 716 334 1063 1103 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 1,00 0.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Uniform Delay(d),s/veh 62.6 0.0 56.9 57.0 45.1 47.9 63.0 25.9 25.9 51.6 13.2 13.2 Incr Delay(d2), s/veh 28.6 0.0 8.1 17.2 0.2 1.3 27.7 2.0 2.1 29.8? 1.0 09 Initial Q Delay(d3),sNeh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 °l«ile BackOfQ(50%),veh/In' 1.0 0.0 4.6 5.3 1.1 3.7 0.6 8.0 7,6 12.0 5.9 6,2 Unsig. Movement Delay,s/veh LnGrp Delay(d),s/teh 91.1 0.0 65.0 74.2 45.3 49.2 90.6 27.8 28.1 81.4 14.2 14:11 LnGrp LOS F A E E D D FC C F B B Approach Vol,veh/h 156 309 692 1086 Approach Delay,s/veh 68.8 60.2 29.1 32.5 Approach LOS E E C C .,;i: 7 a„ ti,�a ay, s 1 t s s ,ss':• jt s, ty a t ''.,'l - s i t. a'. si ,t'"�.-{ is 7 t, Phs Duration(G+Y+Rc),s29.0 61.0 19.1 18.8 7.5 82.5 9.2 28.7 Change Period(Y+Rc),s 6.0 6.0 7.0 7.0 6.0 6.0 7.0 7.0 Max Green Setting(Gmax) s 24.0 55.0 17.0 33.0 19.0 60.0 15.0 35.0 Max Q Clear Time(g_c+I1),s 22.9 20.0 12.0 11.2 2.9 16.4 3.6 11.2 Green Ext Time(p-c),s 0.;1 4.9 0.1 0.7 0.0 5.9 0.0 0.6 HCM 6th Ctrl Delay 37.8 HCM 6th LOS D EXAM 2:03 pm 10/12/2021 Baseline Synchro 11 Report Page 6 Timings EX PM 1: Federal Highway & Boynton Beach Blvd 10/13/2021 ''t "W, :' „ f ', i„ 6U Lane Configurations Traffic Volume(vph) 244 62 322 13 91 24 421 790 23 552 Future Volume(vph) 244 62 322 13 91 24 421 790 23 552 Turn Type pm+ptNA Perm pm+pt NA Perm Prot NA Prot NA Protected Phases 7 4 3 8 5 2 1_ 6 Permitted!Phases 4 4 8 8 Detector Phase 7 4 4 3 8 8 5 2 1 6 Switch Phase Minimum Initial(s) 4.0 6.0 6.0 4.0 6.0 6.0 4.0 20.0 4.0 20.0 Minimum Split(s) 10.0 39.5 39.5 10.0 37.5 37.5 10.0 33.0 10.0 31.0' Total Split(s) 28.0 48.0 48.0 20.0 40.0 40.0 32.0 73.0 19.0 60.0 Total Split(%) 17.5% 30.0% 30.0% 12:5% 25.0% 25.0% 20.0% 45.6% 11.9% 37.5% Yellow Time(s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 All-Red Time(s) 2.0 2.5 2.5 2.0 2.5 2.5 2.0 2.0 2.0 2.0 Lost Time Adjust(s) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Lost Time(s); 6.0 6.5 6.5 6.0 6.5 6.5 6.0 6.0 6.0 6.0 Lead/Lag Lead Lag Lag Lead Lag Lag Lead Lag Lead Lag Lead-Lag Optimize? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Recall Mode None None None None None None None Max None Max Act Effct Green(s) 40.0 34.5 34.5 19.3 12.5 12.5 22.5 74.4 7.4 54.2 Actuated g/C Ratio 0.30 0.26 0.26 0.14 0.09 0.09 0.17 0.55 0.05 0.40 v/c Ratio 0.66 0.14 0`53 0.07 0.58 0.08 0.80 0.46 0.26 0.54 Control Delay 48.1 42.5 7.6 36.2 72.8 0.5 65.7 20.7 69.9 32.7 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.3 0.0 0.0 Total Delay 48.1 42.5 7.6 36.2 72.8 0.5 65.7 21.0 69.9 32.7 LOS D D A D E A E C E C Approach Delay 26.8 55.6 36.2 33.9 Approach LOS C E D C Cycle Length: 160' Actuated Cycle Length: 134.8 Natural Cycle:95 Control Type: Semi Act-Uncoord Maximum v/c Ratio:0.80 Intersection Signal Delay:34.3 Intersection LOS: C Intersection Capacity Utilization 67.5% ICU Level of Service C Analysis Period(min) 15__, Splliitts, and Phases: 1: Federal Highway&Boynton Beach Blvd f.- 03 -404 05 06 07 08 WWWWUM, -1 A&MMUNKSOMMMI 11 EX PM 3:36 pm 10/12/2021 Synchro 11 Report Page 1 Queues EX PM 1: Federal Highway & Boynton Beach Blvd 10/13/2021 ''t ti ,"4 �,jt�i st WILE (,,,� lilt+, iii ++i t�..:' r i!�� t 7: I�4 f I{i lil{'ty „IS f,t 'k,t s }.; f if ��, r r r � ,tfr;i! :,�« rs � , i f �s,'�ir41' I � �r�5 11 � ,,,+'tf'r 5��1�1�1�1�1�1�',� Lane Group Flow(vph) 265 67 350 14 99 26 458 889 25 758 v/c Ratio 0.66 0.14 0`53 0.07 0.58 0.08 0.80 0.46 0.26 0.54 Control Delay 48.1 42.5 7.6 36.2 72.8 0.5 65.7 20.7 69.9 32.7 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.3 0.0 0.0 Total Delay 48.1 42.5 7.6 36.2 72.8 0.5 65.7 21.0 69.9 32.7 Queue Length 50th(ft) 194 44 0 9 86 0 203 262 22 2651 Queue Length 95th(ft) 288 95 87 27 150 0 274 355 54 357 Internal Link Dist(ft) 1893 782 570 962 Turn Bay Length(ft) 230 300 190 300 280 Base Capacity(vph) 409 575 731 312 465 533 664 1946 171 1392 Starvation Cap Reductn 0 0 0 0 0 0 0 467 0 0 Spillback Cap Reductn 0 0 0 0 0 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 0 0 0 0 0 Reduced v/c Ratio 0.65 0.12 0.48 0.04 0.21 0.05 0.69 0.60 0.15 0.54 EX PM 3:36 pm 10/12/2021 Synchro 11 Report Page 2 HCM 6th Signalized Intersection Summary EX PM 1: Federal Highway & Boynton Beach Blvd 10/13/2021 s,1 ..�qru� Lane Configurations Traffic Volume(veh/h) 244 62 322 13 91 24 421 790 28 23 552 145 Future Volume(veh/h) 244 62 322 13 91 24 421 790 28 23 552 145 Initial Q(Qb),veh 0 0 0 0 0 0 0 0 0 0 0 0 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus,Adj 1,00 1,00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No No Adj Sat Flow,veh/h/In 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 Adj Flow Rate,veh/h 265 67 350 14 99 26 458 859 30 25 600 158 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Percent Heavy Veh, % 2 2 2 2 2 2 2 2 2 2 2 2 Cap,veh/h 385 449 380 180 200 170 527 1905 67 32 1140 300 Arrive On Green 0.15 0.24 0.24 0.01 0.11 0.11 0.15 0.54 0.54 0.02 0.41 0.41 Sat Flow,veh/h " 1781 1870 1585 1781 1870 1585 3456 3503 122 1781' 2784 732 Grp Volume(v),veh/h 265 67 350 14 99 26 458 436 453 25 382 376 Grp Sat Flow(s),veh/h/In 1781 1870 1585 1781 1870 1585 1728 1777 1848 1781' 1777 1739 Q Serve(g_s),s 16.9 3.7 28.4 0.9 6.6 2.0 17.1 19.5 19.5 1.8 21.4 21.4 Cycle Q Clear(g_c),s 16.9 3.7 28.4 0.9 6.6 2.0 17.1 19.5 19.5'1 1.8? 21.4 21.4 Prop In Lane 1.00 1.00 1.00 1.00 1.00 0.07 1.00 0.42 Lane Grp Cap(c),veh/h 385 449 380 180 200 170 527 966 1005'1 32 728 712 V/C Ratio(X) 0.69 0.15 0.92 0.08 0.49 0.15 0.87 0.45 0.45 0.77 0.53 0.53 Avail Cap(c_a),veh/h 424 589 499 348 475 403 681 966 1005'1 176 728 712 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 1,00 1,00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Uniform Delay(d),s/veh 41.9 39.5 48.9 51.5 55.5 53.4 54.6 18.2 18.2 64.4 29.3 29.3 Incr Delay(d2), s/veh 4.1 0.2 18.9 0.2 1.9 0.4 9.5 1.5 1.5 31.1 2.7 28 Initial Q Delay(d3),sNeh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 °l«ile BackOfQ(50%),veh/In: 7.9 1�.8 13.2 0.4 3.2 0.8 8.1 8.4 8.7 1.1 9.7 9,5 Unsig. Movement Delay,s/veh LnGrp Delay(d),s/teh 46.0 39.6 67.8 51.7 57.4 53.8 64.1 19.7 19.6 95.51 32.0 32:1 LnGrp LOS D D E D E D EB B F C C Approach Vol,veh/h 682 139 1347 783 Approach Delay,s/veh 56.6 56.1 34.8 34.1 Approach LOS E E C C .,;i: 7 ri„ ti,�l=`iY�'z `1 tst iii':•. jt s, f4 i�t ''.,'l - f i t. i�'� si ,t'i.-{ i ,f 7 t, Phs Duration(G+Y+Rc),s 8.4 77.7 7.6 38.1 26.1 60.0 25.1 20.6 Change Period(Y+Rc),s 6.0 6.0 6.0 6.5 6.0 6.0 6.0 6.5 Max Green Setting(Gmax) s 13.0 67.0 14.0 41.5 26.0 54.0 22.0 33.5 Max Q Clear Time(g_c+I1),s 3.8 21.5 2.9 30.4 19.1 23.4 18.9 8.6 Green Ext Time(p-c),s 0.0 5.9 0.0 1.3 1.0 5.4 0.2 0.6 HCM 6th Ctrl Delay 40.6 HCM 6th LOS D EX PM 3:36 pm 10/12/2021 Synchro 11 Report Page 3 Timings EX PM 2: Ocean Avenue & Federal Highway 10/13/2021 t` '~ 06 ` ' �' E1: 1Pts, Lane Configurations Traffic Volume(vph) 39 74 225 101 212 26 591 238 551 Future Volume(vph) 39 74 225 101 212 26 591 238 551 Turn Type pm+ptNA pm+pt NA Perm Prot NA Prot " NA Protected Phases 7 4 3 8 5 2 1_ 6, Permitted!Phases 4 8 8 Detector Phase 7 4 3 8 8 5 2 1 6 Switch Phase Minimum Initial(s) 4.0 6.0 4.0 6.0 6.0 4.0 20.0 4.0 20.0 Minimum Split(s) 11.0 38.0 11.0 39.0 39.0 10.0 33.0 10.0 26.0 Total Split(s) 21.0 40.0 21.0 40.0 40.0 24.0 72.0 27.0 75.0 Total Split(%) 13.1% 25.0% 13,1% 25:0% 25.0% 1+5.0% 45.0% s 16.9% 46.9% YellowTime(s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0_. 4.0 All-Red Time(s) 3.0 3.0 3.0 3.0 3.0 2.0 2.0 2.0 2.0 Lost Time Adjust(s) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Lost Time(s); 7.0 7.0 7.0 7.0 7.0 6.0 6.0 6.0 6.0 Lead/Lag Lead Lag Lead Lag Lag Lead Lag Lead Lag Lead-Lag Optimize? Yes Yes Yes Yes Yes Yes Yes Yes Yes Recall Mode None None None None None None Max None Max Act Effct Green(s) 21.8 13.8 33.6 22.5 22.5 7.7 66.0 21.0 84.3 Actuated g/C Ratio 0.15 0.10 0.24 0.16 0.16 0.05 0.47 0.15 0.60 v/c Ratio 0.19 0.65 0.88 0.37 0.52 0.29 0.50 0.98 0.31 Control Delay 42.9 69.6 78.9 58.6 10.8 72.3 26.8 110.7 15.8 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 42.9 69.6 78.9 58.6 10.8 72.3 26.8 110.7 15.8 LOS D E E E B E C F li B ' Approach Delay 62.8 48.3 28.3 42.8 Approach LOS E D C D Cycle Length: 160' Actuated Cycle Length: 140.9 Natural Cycle:95 Control Type: Semi Act-Uncoord Maximum v/c Ratio:0.98 Intersection Signal Delay:40.5 Intersection LOS: D Intersection Capacity Utilization 69.4% ICU Level of Service C Analysis Period(min) 15__, Splits and Phases: 2: Ocean Avenue&Federal Highway 2 403 I_ 4_ o5 i 06 07 08 EX PM 3:36 pm 10/12/2021 Synchro 11 Report Page 4 Queues EX PM 2: Ocean Avenue & Federal Highway 10/13/2021 t` '~ 06 ` �' E1: 1Pts, Lane Group Flow(vph) 42 121 245 110 230 28 809 259 650 v/c Ratio 0.19 0.65 0.88 0.37 0.52 0.29 0.50 0.98 0.31 Control Delay 42.9 69.6 78.9 58.6 10.8 72.3 26.8 110.7 15.8 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 42.9 69.6 78.9 58.6 10.8 72.3 26.8 110.7 15.8 Queue Length 50th(ft) 30 95 1`98 93 0 25 257 240 159 Queue Length 95th(ft) 63 164 #348 159 79 60 341 #444 228 Internal Link Dist(ft) 918 1812 308 570 Turn Bay Length(ft) 110 250 250 180 150 Base Capacity(vph) 301 425 278 436 547 226 1620 263 2095'1 Starvation Cap Reductn _0 0 0 0 0 0 0 0 0 Spillback Cap Reductn 0 0 0 0 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 0 0 0 0 Reduced v/c Ratio 0.14 0.28 0.88 0.25 0.42 0.12 0.50 0.98 0.31 # 95th percentile volume exceeds capacity,queue maybe longer. Queue shown is maximum after two cycles. EX PM 3:36 pm 10/12/2021 Synchro 11 Report Page 5 HCM 6th Signalized Intersection Summary EX PM 2: Ocean Avenue & Federal Highway 10/13/2021 s,1 ..�qru� Lane Configurations Traffic Volume(veh/h) 39 74 38 225 101 212 26 591 154 238? 551 47 Future Volume(veh/h) 39 74 38 225 101 212 26 591 154 238 551 47 Initial Q(Qb),veh 0 0 0 0 0 0 0 0 0 0 0 0 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus,Adj 1,00 1,00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No No Adj Sat Flow,veh/h/In 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 Adj Flow Rate,veh/h 42 80 41 245 110 230 28 642 167 259 599 51 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Percent Heavy Veh, % 2 2 2 2 2 2 2 2 2 2 2 2 Cap,veh/h 199 108 55 262 306 260 36 1317 342 267 1995 170 Arrive On Green 0.03 0.09 0.09 0.10 0.16 0.16 0.02 0.47 0.47 0.15 0.60 0.60 Sat Flow,veh/h " 1781 1166 597 1781 1870 1585 1781 2791 725 1781' 3315 282 Grp Volume(v),veh/h 42 0 121 245 110 230 28 408 401 259 321 329 Grp Sat Flow(s),veh/h/In 1781 0 1763 1781 1870 1585 1781 1777 1740 1781' 1777 1820 Q Serve(g_s),s 3.0 0.0 9.4 14.0 7.3 19.9 2.2 22.1 22.1 20.2 12.3 12.3 Cycle Q Ciear(g_c),s 3.0 0.0 9.4 14.0 7.3 19.9 2.2 22.1 ii 22.1 20.2 12.3 12.3 Prop In Lane 1.00 0.34 1.00 1.00 1.00 0.42 1.00 0.15 Lane Grp Cap(c),veh/h 199 0 163 262 306 260 36 838 821 267 1069 1095 V/C Ratio(X) 0.21 0.00 0.74 0.93 0.36 0.89 0.79 0.49 0.49 0.97 0.30 0.30 Avail Cap(c_a),veh/h 326 0 416 262 441 374 229 838 821 267 1069 1095 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 1,00 0.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Uniform Delay(d),s/veh 55.3 0.0 61.9 53.8 52.0 57.2 68.3 25.4 25.4 59.1 13.5 13.6 Incr Delay(d2), s/veh 0.5 0.0 6.5 38.3 0.7 16.3 30.5 2.0 2.1 46.3 0.7 0.7 Initial Q Delay(d3),sNeh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 °l«ile BackOfQ(50%),veh/In' 1.4 0.0 4.5 47 3.5 9.1 1.3 9.8 9.7 12.6 5.1 53 Unsig. Movement Delay,s/veh LnGrp Delay(d),s/teh 55.9 0.068.4 92.0 52.7 73.5 98.8 27.4 27.5 105.5 143 14:3 LnGrp LOS E A E F D EFC C F B B Approach Vol,veh/h 163 585 837 909 Approach Delay,s/veh 65.2 77.4 29.8 40.2 Approach LOS E E C D .,;i: 7 ri„ ti,�l=`iY�'z `1 tst iii':•. jt s, f4 i�t ''.,'l - f i t. i�'� si ,t'i.-{ i ,f 7 t, Phs Duration(G+Y+Rc),s27.0 72.0 21.0 19.9 8.8 90.2 11.0 29.9 Change Period(Y+Rc),s 6.0 6.0 7.0 7.0 6.0 6.0 7.0 7.0 Max Green Setting(Gmax) s 21.0 66.0 14.0 33.0 18.0 69.0 14.0 33.0 Max Q Clear Time(g_c+I1),s 22.2 24.1 16.0 11.4 4.2 14.3 5.0 21.9 Green Ext Time(p-c),s 0.0 6.2 0.0 X0.6 0.0 46 0.0 1.0 HCM 6th Ctrl Delay 47.1 HCM 6th LOS D EX PM 3:36 pm 10/12/2021 Synchro 11 Report Page 6 Timings FY AM 1: Federal Highway & Boynton Beach Blvd 10/15/2021 ''t "W, :' „ f ', i„ 6U Lane Configurations Traffic Volume(vph) 164 59 360 34 49 14 259 343 20 664 Future Volume(vph) 164 59 360 34 49 14 259 343 20 664 Turn Type pm+ptNA Perm pm+pt NA Perm Prot NA Prot NA Protected Phases 7 4 3 8 5 2 1_ 6 Permitted!Phases 4 4 8 8 Detector Phase 7 4 4 3 8 8 5 2 1 6 Switch Phase Minimum Initial(s) 4.0 6.0 6.0 4.0 6.0 6.0 4.0 20.0 4.0 20.0 Minimum Split(s) 10.0 39.5 39.5 10.0 37.5 37.5 10.0 33.0 10.0 31.0' Total Split(s) 26.0 50.0 50.0 16.0 40.0 40.0 18.0 73.0 16.0 71.0 Total Split(%) 16.8% 32.3% 32.3% 103% 25.8% 25.8% 11.6% 47.1% ' 10.3% 45.8%! Yellow Time(s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 All-Red Time(s) 2.0 2.5 2.5 2.0 2.5 2.5 2.0 2.0 2.0 2.0 Lost Time Adjust(s) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Lost Time(s); 6.0 6.5 6.5 6.0 6.5 6.5 6.0 6.0 6.0 6.0 Lead/Lag Lead Lag Lag Lead Lag Lag Lead Lag Lead Lag Lead-Lag Optimize? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Recall Mode None None None None None None None Max None Max Act Effct Green(s) 29.4 18.1 18.1 16.2 9.8 9.8 12.1 75.6 7.1 65.51 Actuated g/C Ratio 0.24 0.14 0.14 0.13 0.08 0.08 0.10 0.60 0.06 0.52 v/c Ratio 0.57 0.24 0.78 0.19 0.37 0.06 0.85 10.18 0.22 0.50 Control Delay 47.1 50.1 22.8 38.3 63.6 0.4 80.1 14.1 64.8 21.4 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 47.1 50.1 22.8 38.3 63.6 0.4 80.1 14.1 64.8 21.4 LOS D D C D E A F B E C Approach Delay 32.4 45.7 42.0 22.4 Approach LOS C D D C Cycle Length: 155 Actuated Cycle Length: 125.1 Natural Cycle:95 Control Type: Semi Act-Uncoord Maximum v/c Ratio:0.85 Intersection Signal Delay:31.8 Intersection LOS: C Intersection Capacity Utilization 64.8% ICU Level of Service C Analysis Period(min) 15__, Splits and Phases: 1: Federal Highway&Boynton Beach Blvd 01 02 1' f 3 Himv t� 05 06 07 0s FY AM 3:38 pm 10/12/2021 Synchro 11 Report Page 1 Queues FY AM 1: Federal Highway & Boynton Beach Blvd 10/15/2021 ''t 4 :' „ f ', i„ 6U Lane Group Flow(vph) 178 64 391 37 53 15 282 385 22 907 v/c Ratio 0.57 0.24 0.78 0.19 0.37 0.06 0.85 10.18 0.22 0.50 Control Delay 47.1 50.1 22.8 38.3 63.6 0.4 80.1 14.1 64.8 21.4 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 47.1 50.1 22.8 38.3 63.6 0.4 80.1 14.1 64.8 21.4 Queue Length 50th(ft) 122 47 55 23 43 0 120 80 18 245 Queue Length 95th(ft) 189 92 177 51 88 0 #223 135 49 360 Internal Link Dist(ft) 1893 782 570 962 Turn Bay Length(ft) 230 300 190 300 280 Base Capacity(vph) 356 652 761 235 502 535 331 2130 142 1807! Starvation Cap Reductn _0 0 0 0 0 0 0 0 0 0 Spillback Cap Reductn 0 0 0 0 0 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 0 0 0 0 0 Reduced v/c Ratio 0.50 0.10 0`51 0.16 0.11 0.03 0.85 10.18 0.15 0.50 # 95th percentile volume exceeds capacity,queue maybe longer. Queue shown is maximum after two cycles. FY AM 3:38 pm 10/12/2021 Synchro 11 Report Page 2 HCM 6th Signalized Intersection Summary FY AM 1: Federal Highway & Boynton Beach Blvd 10/15/2021 s,1qu ..�r� Lane Configurations Traffic Volume(veh/h) 164 59 360 34 49 14 259 343 11 20 664 170 Future Volume(veh/h) 164 59 360 34 49 14 259 343 11 20 664 170 Initial Q(Qb),veh 0 0 0 0 0 0 0 0 0 0 0 0 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus,Adj 1,00 1,00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No No Adj Sat Flow,veh/h/In 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 Adj Flow Rate,veh/h 178 64 391 37 53 15 282 373 12 22 722 185 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Percent Heavy Veh, % 2 2 2 2 2 2 2 2 2 2 2 2 Cap,veh/h 443 492 417 274 362 306 291 1844 59 29' 1279 328 Arrive On Green 0.09 0.26 0.26 0.02 0.19 0.19 0.08 0.52 0.52 0.02 0.46 0.46 Sat Flow,veh/h " 1781 1870 1585 1781 1870 1585 3456 3514 113 1781' 2801 717 Grp Volume(v),veh/h 178 64 391 37 53 15 282 188 197 22 458 449 Grp Sat Flow(s),veh/h/In 1781 1870 1585 1781 1870 1585 1728 1777 1850 1781' 1777 1741 Q Serve(g_s),s 11.0 3.7 34.3 2.4 3.3 1.1 11.6 8.0 8.0 1.8 26.8 26.9 Cycle Q Clear(g_c),s 11.0 3.7 34.3 2.4 3.3 1.1 11.6 8.0 8.0 1.8i 26.8 26.9 Prop In Lane 1.00 1.00 1.00 1.00 1.00 0.06 1.00 0.41 Lane Grp Cap(c),veh/h 443 492 417 274 362 306 291 932 971 29 812 795 V/C Ratio(X) 0.40 0.13 0.94 0.14 0.15 0.05 0.97 0.20 0.20 0.76 0.56 0.56 Avail Cap(c_a),veh/h 527 572 485 357 440 373 291 932 971 125; 812 795 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 1,00 1,00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Uniform Delay(d),s/veh 38.8 40.0 51.3 44.6 47.7 46.7 65.0 18.0 18.0 69.7 28.3 28.3 Incr Delay(d2), s/veh 0.6 0.1 24.3 0.2 0.2 0.1 43.8 0.5 0.5'I 32.1 2.8 2.9 Initial Q Delay(d3),sNeh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 °l«ile BackOfQ(50%),veh/In' 5.0 1,8 16.4 1.1 1.6 0.4 6.9 3.5 3.6 1.1 12.1 11;9 Unsig. Movement Delay,s/veh LnGrp Delay(d),s/teh 39.4 40.1 75.6 44.8 47.8 46.8 108.7 18.5 18.4 101.8 31.1 31:2 LnGrp LOS D D E D D D FB B F C C Approach Vol,veh/h 633 105 667 929 Approach Delay,s/veh 61.8 46.6 56.6 32.8 Approach LOS E D E C .,;i: 7 ri„ ti,�l=`iY�'z `1 tst iii':•. jt s, f4 i�t ''.,'l - f i t. i�'� si ,t'i.-{ i ,f 7 t, Phs Duration(G+Y+Rc),s83 80.7 9.4 43.9 18.0 71.0 19.3 34.0 Change Period(Y+Rc),s__ 6.0 6.0 6.0 6.5 6.0 6.0 6.0 6.5 Max Green Setting(Gmax) s 10.0 67.0 10.0 43.5 12.0 65.0 20.0 33.5 Max Q Clear Time(g_c+I1),s 3.8 10.0 4.4 36.3 13.6 28.9 13.0 5.3 Green Ext Time(p-c),s 0.0 2.5 0.0 1.1 0.0 71 0.3 0.3 HCM 6th Ctrl Delay 48.1 HCM 6th LOS D FY AM 3:38 pm 10/12/2021 Synchro 11 Report Page 3 Timings FY AM 2: Ocean Avenue & Federal Highway 10/15/2021 t` '~ ;i ` ' �' E1: 1Pts, Lane Configurations Traffic Volume(vph) 46 116 143 43 134 19 507 314 869 Future Volume(vph) 46 116 143 43 134 19 507 314 869 Turn Type pm+ptNA pm+pt NA Perm Prot NA Prot " NA Protected Phases 7 4 3 8 5 2 1_ 6, Permitted!Phases 4 8 8 Detector Phase 7 4 3 8 8 5 2 1 6 Switch Phase Minimum Initial(s) 4.0 6.0 4.0 6.0 6.0 4.0 20.0 4.0 20.0 Minimum Split(s) 11.0 38.0 11.0 39.0 39.0 10.0 33.0 10.0 26.0 Total Split(s) 22.0 40.0 24.0 42.0 42.0 25.0 61.0 30.0 66.0 Total Split(%) 14.2% 25.8% 15.5% 27,1% 27,1% 16,1% 39.4% s 19.4% 42.6% YellowTime(s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0_. 4.0 All-Red Time(s) 3.0 3.0 3.0 3.0 3.0 2.0 2.0 2.0 2.0 Lost Time Adjust(s) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Lost Time(s); 7.0 7.0 7.0 7.0 7.0 6.0 6.0 6.0 6.0 Lead/Lag Lead Lag Lead Lag Lag Lead Lag Lead Lag Lead-Lag Optimize? Yes Yes Yes Yes Yes Yes Yes Yes Yes Recall Mode None None None None None None Max None Max Act Effct Green(s) 25.6 17.3 38.0 26.1 26.1 7.1 55.2 24.1 i 77.1 Actuated g/C Ratio 0.19 0.13 0.28 0.19 0.19 0.05 0.40 0.18 0.56 v/c Ratio 0.18 0.71 0`53 0.13 0.35 0.23 0.57 1.10 0.49' Control Delay 37.4 71.1 45.0 48.7 9.5 70.3 32.4 131.2 21.4 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.4 Total Delay 37.4 71.1 45.0 48.7 9.5 70.3 32.4 131.2 21.8 LOS D E D D A E C F li C Approach Delay 63.4 30.6 33.4 50.1 Approach LOS E C C D Cycle Length: 155 Actuated Cycle Length: 136.9 Natural Cycle: 105 Control Type: Semi Act-Uncoord Maximum v/c Ratio: 1.10 Intersection Signal Delay:43.6 Intersection LOS: D Intersection Capacity Utilization 76.8% ICU Level of Service D Analysis Period(min) 15__, Splliitts, and Phases: 2: Ocean Avenue&Federal Highway �^ t02 fo 3 -004 4= mom 05 • 06 07 08 e FY AM 3:38 pm 10/12/2021 Synchro 11 Report Page 4 Queues FY AM 2: Ocean Avenue & Federal Highway 10/15/2021 t` '~ 06 ` ' �' E1: 1Pts, Lane Group Flow(vph) 50 168 155 47 146 21 799 341 980 v/c Ratio 0.18 0.71 0`53 0.13 0.35 0.23 0.57 1.10 0.49' Control Delay 37.4 71.1 45.0 48.7 9.5 70.3 32.4 131.2 21.4 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.4 Total Delay 37.4 71.1 45.0 48.7 9.5 70.3 32.4 131.2 21.8 Queue Length 50th(ft) 33 138 109 36 0 18 271 -345 293 Queue Length 95th(ft) 66 221 169 75 59 49 375 #591 421 Internal Link Dist(ft) 918 1812 308 570 Turn Bay Length(ft) 110 250 250 180 150 Base Capacity(vph) 365 440 317 477 514 246 1390 311 1984 Starvation Cap Reductn 0 0 0 0 0 0 0 0 464 Spillback Cap Reductn 0 0 0 0 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 0 0 0 0 Reduced v/c Ratio 0.14 0.38 0.49 0.10 0.28 0.09 0.57 1.10 0.64 Volume exceeds capacity,queue is theoretically infinite. Queue shown is maximum after two cycles. # 95th percentile volume exceeds capacity,queue maybe longer. Queue shown is maximum after two cycles. FY AM 3:38 pm 10/12/2021 Synchro 11 Report Page 5 HCM 6th Signalized Intersection Summary FY AM 2: Ocean Avenue & Federal Highway 10/15/2021 s,1 ..�qru� Lane Configurations Traffic Volume(veh/h) 46 116 39 143 43 134 19 507 228 314 869 32 Future Volume(veh/h) 46 116 39 143 43 134 19 507 228 314 869 32 Initial Q(Qb),veh 0 0 0 0 0 0 0 0 0 0 0 0 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus,Adj 1,00 1,00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No No Adj Sat Flow,veh/h/In 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 Adj Flow Rate,veh/h 50 126 42 155 47 146 21 551 248 341 945 35 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Percent Heavy Veh, % 2 2 2 2 2 2 2 2 2 2 2 2 Cap,veh/h 250 152 51 242 318 270 29 994 446 324' 2036 75 Arrive On Green 0.03 0.11 0.11 0.09 0.17 0.17 0.02 0.42 0.42 0.18 0.58 0.58 Sat Flow,veh/h " 1781 1342 447 1781 1870 1585 1781 2384 1070 1781' 3494 129 Grp Volume(v),veh/h 50 0 168 155 47 146 21 410 389 341 481 499 Grp Sat Flow(s),veh/h/In 1781 0 1790 1781 1870 1585 1781 1777 1678 1781' 1777 1847 Q Serve(g_s),s 3.2 0.0 12.1 9.8 2.8 11.1 1.5 23.1 23.2 24.0 20.4 20.4 Cycle Q Ciear(g_c),s 3.2 0.0 12.1 9.8 2.8 11.1 1.5 23.1 i 23.2 24.0+ 20.4 20.4 Prop In Lane 1.00 0.25 1.00 1.00 1.00 0.64 1.00 0.07 Lane Grp Cap(c),veh/h 250 0 203 242 318 270 29 741 ii 700 324 1038 1076 V/C Ratio(X) 0.20 0.00 0.83 0.64 0.15 0.54 0.72 0.55 0.56 1.05 0.46 0.46 Avail Cap(c_a),veh/h 392 0 448 310 496 421 257 741 ii 700 324 1038 1076 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 1,00 0.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Uniform Delay(d),s/veh 49.4 0.0 57.2 44.9 46.6 50.0 64.6 29.1 29.2 53.9 15.7 15.7 Incr Delay(d2), s/veh 0.4 0.0 8.4 2.8 0.2 1.7 28.6 3.0 3.2 64.3 1.8 1.4 Initial Q Delay(d3),sNeh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 °l«ile BackOfQ(50%),veh/In' 1.5 0.0 6.0 4,6 1.3 4,5 0.9 10.5 10.0 ' 16.5 8.6 8,9 Unsig. Movement Delay,s/veh LnGrp Delay(d),s/veh 49.8 0.065.6 47.7 46.8 51.7 93.2 32.1 32.3 118.2 17.2 17,2 LnGrp LOS D A E D D D FCC F B B Approach Vol,veh/h 218 348 820 1321 Approach Delay,s/veh 61.9 49.3 33.8 43.3 Approach LOS E D C D .,;i: 7 ri„ ti,�l=`iY�'z `1 tst iii':•. jt s, f4 i�t ''.,'l - f i t. i�'� si ,t'i.-{ i ,f 7 t, Phs Duration(G+Y+Rc),s30.0 61.0 18.9 21.9 8.1 82.9 11.5 29.4 Change Period(Y+Rc),s 6.0 6.0 7.0 7.0 6.0 6.0 7.0 7.0_, Max Green Setting(Gmax) s 24.0 55.0 17.0 33.0 19.0 60.0 15.0 35.0 Max Q Clear Time(g_c+I1),s 26.0 25.2 11.8 14.1 3.5 22.4 5.2 13.1 Green Ext Time(p-c),s 0.0 5.9 0.2 0.8 0.0 7,8 0.0 0.7 HCM 6th Ctrl Delay 42.7 HCM 6th LOS D FY AM 3:38 pm 10/12/2021 Synchro 11 Report Page 6 Timings FY PM 1: Federal Highway & Boynton Beach Blvd 10/15/2021 ''t "W, :' „ f ', i„ 6U Lane Configurations Traffic Volume(vph) 300 66 444 14 97 25 536 853 24 613 Future Volume(vph) 300 66 444 14 97 25 536 853 24 613 Turn Type pm+ptNA Perm pm+pt NA Perm Prot NA Prot NA Protected Phases 7 4 3 8 5 2 1_ 6 Permitted!Phases 4 4 8 8 Detector Phase 7 4 4 3 8 8 5 2 1 6 Switch Phase Minimum Initial(s) 4.0 6.0 6.0 4.0 6.0 6.0 4.0 20.0 4.0 20.0 Minimum Split(s) 10.0 39.5 39.5 10.0 37.5 37.5 10.0 33.0 10.0 31.0' Total Split(s) 28.0 48.0 48.0 20.0 40.0 40.0 32.0 73.0 19.0 60.0 Total Split(%) 17.5% 30.0% 30.0% 12:5% 25.0% 25.0% 20.0% 45.6% 11.9% 37.5% Yellow Time(s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 All-Red Time(s) 2.0 2.5 2.5 2.0 2.5 2.5 2.0 2.0 2.0 2.0 Lost Time Adjust(s) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Lost Time(s); 6.0 6.5 6.5 6.0 6.5 6.5 6.0 6.0 6.0 6.0 Lead/Lag Lead Lag Lag Lead Lag Lag Lead Lag Lead Lag Lead-Lag Optimize? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Recall Mode None None None None None None None Max None Max Act Effct Green(s) 41.6 35.9 35.9 20.1 13.2 13.2 26.0 77.4 7.5 54.0' Actuated g/C Ratio 0.30 0.26 0.26 0.14 0.09 0.09 0.19 0.55 0.05 0.39 v/c Ratio 0.82 0.15 0.65 0.07 0.60 0.09 0.91 0.49 0.27 ! 0.65 Control Delay 59.9 43.1 9.9 36.5 74.9 0.5 75.4 21.7 71.1 37.0 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.4 0.0 0.0 Total Delay 59.9 43.1 9.9 36.5 74.9 0.5 75.4 22.1 71.1 37.0 LOS E D A D E A E C E D! Approach Delay 31.1 57.4 42.2 38.0 Approach LOS C E D D Cycle Length: 160' Actuated Cycle Length: 139.6 Natural Cycle:95 Control Type: Semi Act-Uncoord Maximum v/c Ratio:0.91 Intersection Signal Delay:39.0 Intersection LOS: D Intersection Capacity Utilization 76.8% ICU Level of Service D Analysis Period(min) 15__, Splits and Phases: 1: Federal Highway&Boynton Beach Blvd .- 03 -404 05 06 07 08 WWWWUM, -1 A&MMUNKSOMMMI 11 FY PM 3:38 pm 10/12/2021 Synchro 11 Report Page 1 Queues FY PM 1: Federal Highway & Boynton Beach Blvd 10/15/2021 ''t 4 :' „ f ', i„ 6U Lane Group Flow(vph) 326 72 483 15 105 27 583 960 26 865 v/c Ratio 0.82 0.15 0.65 0.07 0.60 0.09 0.91 0.49 0.27 ! 0.65 Control Delay 59.9 43.1 9.9 36.5 74.9 0.5 75.4 21.7 71.1 37.0 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.4 0.0 0.0 Total Delay 59.9 43.1 9.9 36.5 74.9 0.5 75.4 22.1 71.1 37.0 Queue Length 50th(ft) 256 48 17 10 93 0 270 294 23 326: Queue Length 95th(ft) #373 101 135 28 157 0 #397 396 57 422 Internal Link Dist(ft) 1893 782 570 962 Turn Bay Length(ft) 230 300 190 300 280 Base Capacity(vph) 399 554 791 307 447 519 639 1953 165 1337! Starvation Cap Reductn _0 0 0 0 0 0 0 472 _ 0 0 Spillback Cap Reductn 0 0 0 0 0 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 0 0 0 0 0 Reduced v/c Ratio 0.82 0.13 0.61 0.05 0.23 0.05 0.91 0.65 0.16 0.65 # 95th percentile volume exceeds capacity,queue maybe longer. Queue shown is maximum after two cycles. FY PM 3:38 pm 10/12/2021 Synchro 11 Report Page 2 HCM 6th Signalized Intersection Summary FY PM 1: Federal Highway & Boynton Beach Blvd 10/15/2021 'a r Ort i;r ,v?iii, rl i, r174 rl r, i{ >,t;;,,, i ;,. t i,, !( f,'„ ,kr a t}:{t t,;;`, sG s ;a ,St •,i ,s,{ ..,4iu� Lane Configurations Traffic Volume(veh/h) 300 66 444 14 97 25 536 853 30 24" 613 183 Future Volume(veh/h) 300 66 444 14 97 25 536 853 30 24 613 183 Initial Q(Qb),veh 0 0 0 0 0 0 0 0 0 0 0 0 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus,Adj 1,00 1,00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No No Adj Sat Flow,veh/h/In 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 Adj Flow Rate,veh/h 326 72 483 15 105 27 583 927 33 26 666 199 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Percent Heavy Veh, % 2 2 2 2 2 2 2 2 2 2 2 2 Cap,veh/h 431 525 445 194 270 229 608 1829 65 33 985 294 Arrive On Green 0.15 0.28 0.28 0.01 0.14 0.14 0.18 0.52 0.52 0.02 0.37 0.37 Sat Flow,veh/h " 1781 1870 1585 1781 1870 1585 3456 3500 125 1781' 2697 805 Grp Volume(v),veh/h 326 72 483 15 105 27 583 471 489 26 439 426 Grp Sat Flow(s),veh/h/In 1781 1870 1585 1781 1870 1585 1728 1777 1848 1781' 1777 1725 Q Serve(g_s),s 22.0 4.3 41.5 1.1 7.5 2.2 24.7 25.4 25.4 2.1 30.8 30.8 Cycle Q Clear(g_c),s 22.0 4.3 41.5 1.1 7.5 2.2 24.7 25.4 25.4 2.1 30.8 30.8 Prop In Lane 1.00 1.00 1.00 1.00 1.00 0.07 1.00 0.47 Lane Grp Cap(c),veh/h 431 525 445 194 270 229 608 929 966 33! 649 630 V/C Ratio(X) 0.76 0.14 1.09 0.08 0.39 0.12 0.96 0.51 0.51 0.79 0.68 0.68 Avail Cap(c_a),veh/h 431 525 445 341 424 359 608 929 966 157! 649 630 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 1,00 1,00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Uniform Delay(d),s/veh 44.3 39.8 53.2 53.0 57.3 55.1 60.4 22.9 22.9 72.3 39.5 39.6 Incr Delay(d2), s/veh 7.5 0.1 67.7 0.2 0.9 0.2 26.6 2.0 1.9 32.9 5.6 57 Initial Q Delay(d3),sNeh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 °l«ile BackOfQ(50%),veh/In: 11.1 2.0 24.8 0.5 X 3.7 0.9 13.1 11.2 11,6 1.3 14.5 14:11 Unsig. Movement Delay,s/veh LnGrp Delay(d),s/veh 51.8 39.9 120.9 53.2 58.3 55.3 87.0 24.9 24.8 105.1 45.1 45:3 LnGrp LOS D D F D E EFC C F D D Approach Vol,veh/h 881 147 1543 891 Approach Delay,s/veh 88.7 57.2 48.3 47.0 Approach LOS F E D D .,;i: 7 ri„ A,�l=`it'''r `1 tst ,r+':• jt r, f{ lit -,'l - f i t. li'. si ,t'i.-{ i ,r 7ti 3 t, ,i li r174 1 rl,.;.rl 1 1, t, Phs Duration(G+Y+Rc),s8.7 83.3 7.8 48.0 32.0 60.0 28.0 27.8 Change Period(Y+Rc),s__ 6.0 6.0 6.0 6.5 6.0 6.0 6.0 6.5 Max Green Setting(Gmax) s 13.0 67.0 14.0 41.5 26.0 54.0 22.0 33.5 Max Q Clear Time(g_c+I1),s 4.1 27.4 3.1 43.5 26.7 32.8 24.0 9.5 Green Ext Time(p-c),s 0.0 7.6 0.0 0.0 0.0 5.8 0.0 0.6 HCM 6th Ctrl Delay 58.6 HCM 6th LOS E FY PM 3:38 pm 10/12/2021 Synchro 11 Report Page 3 Timings FY PM 2: Ocean Avenue & Federal Highway 10/15/2021 t` '~ 06 ` ' �' E1: 1Pts, Lane Configurations Traffic Volume(vph) 51 82 249 114 254 44 807 276 727 ' Future Volume(vph) 51 82 249 114 254 44 807 276 727 Turn Type pm+ptNA pm+pt NA Perm Prot NA Prot " NA Protected Phases 7 4 3 8 5 2 1_ 6, Permitted!Phases 4 8 8 Detector Phase 7 4 3 8 8 5 2 1 6 Switch Phase Minimum Initial(s) 4.0 6.0 4.0 6.0 6.0 4.0 20.0 4.0 20.0 Minimum Split(s) 11.0 38.0 11.0 39.0 39.0 10.0 33.0 10.0 26.0 Total Split(s) 21.0 40.0 21.0 40.0 40.0 24.0 72.0 27.0 75.0 Total Split(%) 13.1% 25.0% 13,1% 25:0% 25.0% 1+5.0% 45.0% s 16.9% 46.9% YellowTime(s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0_. 4.0 All-Red Time(s) 3.0 3.0 3.0 3.0 3.0 2.0 2.0 2.0 2.0 Lost Time Adjust(s) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Lost Time(s); 7.0 7.0 7.0 7.0 7.0 6.0 6.0 6.0 6.0 Lead/Lag Lead Lag Lead Lag Lag Lead Lag Lead Lag Lead-Lag Optimize? Yes Yes Yes Yes Yes Yes Yes Yes Yes Recall Mode None None None None None None Max None Max Act Effct Green(s) 24.2 15.4 34.4 23.3 23.3 9.2 66.1 21.0 80.3' Actuated g/C Ratio 0.17 0.11 0.24 0.16 0.16 0.06 0.46 0.15 0.56 v/c Ratio 0.22 0.69 0.99 0.41 0.56 0.42 0.66 1.15 0.43' Control Delay 43.0 70.9 101.9 59.6 10.7 75.6 32.0 155.2 20.1 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.4 Total Delay 43.0 70.9 101.9 59.6 10.7 75.6 32.0 155.2 20.4 LOS D E F E B E C F li C Approach Delay 63.0 56.5 33.9 55.7 Approach LOS E E C E Cycle Length: 160' Actuated Cycle Length: 142.5 Natural Cycle: 115 Control Type: Semi Act-Uncoord Maximum v/c Ratio: 1.15 Intersection Signal Delay:48.6 Intersection LOS: D Intersection Capacity Utilization 85.8% ICU Level of Service E Analysis Period(min) 15__, Splits and Phases: 2: Ocean Avenue&Federal Highway 2 403 I_ 4_ o5 i 06 07 08 FY PM 3:38 pm 10/12/2021 Synchro 11 Report Page 4 Queues FY PM 2: Ocean Avenue & Federal Highway 10/15/2021 t` '~ 06 ` ' �' E1: 1Pts, Lane Group Flow(vph) 55 141 271 124 276 48 1064 300 845 v/c Ratio 0.22 0.69 0.99 0.41 0.56 0.42 0.66 1.15 0.43' Control Delay 43.0 70.9 101.9 59.6 10.7 75.6 32.0 155.2 20.1 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.4 Total Delay 43.0 70.9 101.9 59.6 10.7 75.6 32.0 155.2 20.4 Queue Length 50th(ft) 39 113 222 107 0 44 388 -326 236 Queue Length 95th(ft) 77 187 #337 178 85 90 505 #546 336 Internal Link Dist(ft) 918 1812 308 570 Turn Bay Length(ft) 110 250 250 180 150 Base Capacity(vph) 310 420 273 431 578 223 1608 261 i 1977 Starvation Cap Reductn 0 0 0 0 0 0 0 0 565 Spillback Cap Reductn 0 0 0 0 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 0 0 0 0 Reduced v/c Ratio 0.18 0.34 0.99 0.29 0.48 0.22 0.66 1.15 0.60 Volume exceeds capacity,queue is theoretically infinite. Queue shown is maximum after two cycles. # 95th percentile volume exceeds capacity,queue maybe longer. Queue shown is maximum after two cycles. FY PM 3:38 pm 10/12/2021 Synchro 11 Report Page 5 HCM 6th Signalized Intersection Summary FY PM 2: Ocean Avenue & Federal Highway 10/15/2021 s,1 ..�qru� Lane Configurations Traffic Volume(veh/h) 51 82 48 249 114 254 44 807 172 276: 727 51 Future Volume(veh/h) 51 82 48 249 114 254 44 807 172 276 727 51 Initial Q(Qb),veh 0 0 0 0 0 0 0 0 0 0 0 0 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus,Adj 1,00 1,00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No No Adj Sat Flow,veh/h/In 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 Adj Flow Rate,veh/h 55 89 52 271 124 276 48 877 187 300 790 55 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Percent Heavy Veh, % 2 2 2 2 2 2 2 2 2 2 2 2 Cap,veh/h 243 145 85 288 356 302 62 1316 281 256' 1889 131 Arrive On Green 0.04 0.13 0.13 0.10 0.19 0.19 0.03 0.45 0.45 0.14 0.56 0.56 Sat Flow,veh/h " 1781 1107 647 1781 1870 1585 1781 2914 621 1781' 3370 235 Grp Volume(v),veh/h 55 0 141 271 124 276 48 535 529 300 416 429 Grp Sat Flow(s),veh/h/In 1781 0 1754 1781 1870 1585 1781 1777 1759 1781' 1777 1828 Q Serve(g_s),s 3.9 0.0 11.1 14.0 8.4 24.9 3.9 34.5 34.5 21.0 19.7 19.7 Cycle Q Clear(g_c),s 3.9 0.0 11.1 14.0 8.4 24.9 3.9 34.5 34.5 i 21.0' 19.7 19.7 Prop In Lane 1.00 0.37 1.00 1.00 1.00 0.35 1.00 0.13 Lane Grp Cap(c),veh/h 243 0 229 288 356 302 62 803 794 256 996 1025 V/C Ratio(X) 0.23 0.00 0.61 0.94 0.35 0.91 0.77 0.67 0.67 1.17 0.42 0.42 Avail Cap(c_a),veh/h 349 0 396 288 422 358 219 803 794 256 996 1025 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 1,00 0.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Uniform Delay(d),s/veh 52.3 0.0 60.0 54.3 51.3 58.0 69.9 31.4 31.4 62.6 18.4 18.4 Incr Delay(d2), s/veh 0.5 0.0 2.7 37.2 0.6 24.8 17.9 4.3 4.4 110.8? 1.3 13 Initial Q Delay(d3),sNeh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 °l«ile BackOfQ(50%),veh/In: 1.8 0.0 5.1 6.3 4,0 12.1 2.1 15.8 15.6 17.4 8.5 8,7 Unsig. Movement Delay,s/veh LnGrp Delay(d),s/veh 52.8 0.062.7 91.5 51.9 82.8 87.8 35.8 35.8 173.3 19.7 19:7 LnGrp LOS D A E F D FFD D F B B Approach Vol,veh/h 196 671 1112 1145 Approach Delay,s/veh 59.9 80.6 38.0 60.0 Approach LOS E F D E .,;i: 7 ri„ ti,�l=`iY�'z `1 tst iii':•. jt s, f4 i�t ''.,'l - f i t. i�'� si ,t'i.-{ i ,f 7 t, Phs Duration(G+Y+Rc),s27.0 72.0 21.0 26.1 11.1 87.9 12.3 34.8 Change Period(Y+Rc),s 6.0 6.0 7.0 7.0 6.0 6.0 7.0 7.0 Max Green Setting(Gmax) s 21.0 66.0 14.0 33.0 18.0 69.0 14.0 33.0 Max Q Clear Time(g_c+I1),s 23.0 36.5 16.0 13.1 5.9 21.7 5.9 26.9 Green Ext Time(p-c),s 0.0 8.4 0.0 0.7 0.1 6.5 0.1 0.9 HCM 6th Ctrl Delay 56.6 HCM 6th LOS E FY PM 3:38 pm 10/12/2021 Synchro 11 Report Page 6 Timings FY PM OPT 1: Federal Highway & Boynton Beach Blvd 10/15/2021 ''t "W, :' „ f ', i„ 6U Lane Configurations Traffic Volume(vph) 300 66 444 14 97 25 536 853 24 613 Future Volume(vph) 300 66 444 14 97 25 536 853 24 613 Turn Type pm+ptNA Perm pm+pt NA Perm Prot NA Prot NA Protected Phases 7 4 3 8 5 2 1_ 6 Permitted!Phases 4 4 8 8 Detector Phase 7 4 4 3 8 8 5 2 1 6 Switch Phase Minimum Initial(s) 4.0 6.0 6.0 4.0 6.0 6.0 4.0 20.0 4.0 20.0 Minimum Split(s) 10.0 39.5 39.5 10.0 37.5 37.5 10.0 33.0 10.0 31.0' Total Split(s) 28.0 55.6 55.6 10.0 37.6 37.6 40.0 82.4 12.0 54.4 Total Split(%) 17.5% 34.8% 34.8% 63% 23.5% 23.5% 25.0% 51.5% 7.5% 34.0°ln'! Yellow Time(s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 All-Red Time(s) 2.0 2.5 2.5 2.0 2.5 2.5 2.0 2.0 2.0 2.0 Lost Time Adjust(s) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Lost Time(s); 6.0 6.5 6.5 6.0 6.5 6.5 6.0 6.0 6.0 6.0 Lead/Lag Lead Lag Lag Lead Lag Lag Lead Lag Lead Lag Lead-Lag Optimize? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Recall Mode None None None None None None None Max None Max Act Effct Green(s) 41.4 37.1 37.1 17.6 13.1 13.1 27.7 77.4 5.9 50.51 Actuated g/C Ratio 0.30 0.27 0.27 0.13 0.10 0.10 0.20 0.56 0.04 0.37 v/c Ratio 0.81 0.14 0.63 0.08 0.59 0.09 0.84 0.48 0.34 0.68 Control Delay 58.7 41.8 9.0 38.0 74.7 0.5 65.4 20.3 79.8 40.2 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.5 0.0 0.0 Total Delay 58.7 41.8 9.0 38.0 74.7 0.5 65.4 20.8 79.8 40.2 LOS E D A D E A E C E D! Approach Delay 30.1 57.3 37.6 41.3 Approach LOS C E D D Cycle Length: 160' Actuated Cycle Length: 137.7 Natural Cycle:95 Control Type: Semi Act-Uncoord Maximum v/c Ratio:0.84 Intersection Signal Delay:37.5 Intersection LOS: D Intersection Capacity Utilization 76.8% ICU Level of Service D Analysis Period(min) 15__, Splits and Phases: 1: Federal Highway&Boynton Beach Blvd 01 t . I 05 T 06 07 03 FY PM OPT 5:22 pm 10/13/2021 Synchro 11 Report Page 1 Queues FY PM OPT 1: Federal Highway & Boynton Beach Blvd 10/15/2021 ''t 4 :' „ f ', i„ 6U Lane Group Flow(vph) 326 72 483 15 105 27 583 960 26 865 v/c Ratio 0.81 0.14 0.63 0.08 0.59 0.09 0.84 0.48 0.34 0.68 Control Delay 58.7 41.8 9.0 38.0 74.7 0.5 65.4 20.3 79.8 40.2 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.5 0.0 0.0 Total Delay 58.7 41.8 9.0 38.0 74.7 0.5 65.4 20.8 79.8 40.2 Queue Length 50th(ft) 262 49 13 10 95 0 270 287 24 338 Queue Length 95th(ft) #387 99 125 28 159 0 338 373 58 463 Internal Link Dist(ft) 1893 782 570 962 Turn Bay Length(ft) 230 300 190 300 280 Base Capacity(vph) 405 667 864 182 422 501 851 1980 77 1268? Starvation Cap Reductn 0 0 0 0 0 0 0 545 0 0 Spillback Cap Reductn 0 0 0 0 0 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 0 0 0 0 0 Reduced v/c Ratio 0.80 0.11 0`56 0.08 0.25 0.05 0.69 0.67 0.34 0.68 # 95th percentile volume exceeds capacity,queue maybe longer. Queue shown is maximum after two cycles. FY PM OPT 5:22 pm 10/13/2021 Synchro 11 Report Page 2 HCM 6th Signalized Intersection Summary FY PM OPT 1: Federal Highway & Boynton Beach Blvd 10/15/2021 s,1 ..�qru� Lane Configurations Traffic Volume(veh/h) 300 66 444 14 97 25 536 853 30 24" 613 183 Future Volume(veh/h) 300 66 444 14 97 25 536 853 30 24 613 183 Initial Q(Qb),veh 0 0 0 0 0 0 0 0 0 0 0 0 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus,Adj 1,00 1,00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No No Adj Sat Flow,veh/h/In 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 Adj Flow Rate,veh/h 326 72 483 15 105 27 583 927 33 26 666 199 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Percent Heavy Veh, % 2 2 2 2 2 2 2 2 2 2 2 2 Cap,veh/h 472 589 499 226 345 292 645 1735 62 33 883 264 Arrive On Green 0.14 0.31 0.31 0.01 0.18 0.18 0.19 0.50 0.50 0.02 0.33 0.33 Sat Flow,veh/h " 1781 1870 1585 1781 1870 1585 3456 3500 125 1781' 2697 805 Grp Volume(v),veh/h 326 72 483 15 105 27 583 471 489 26 439 426 Grp Sat Flow(s),veh/h/In 1781 1870 1585 1781 1870 1585 1728 1777 1848 1781' 1777 1725 Q Serve(g_s),s 22.0 4.2 46.3 1.1 7.5 2.2 25.5 28.0 28.0 2.2 34.0 34.0 Cycle Q Clear(g_c),s 22.0 4.2 46.3 1.1 7.5 2.2 25.5 28.0 28.0 2.2 34.0 34.0 Prop In Lane 1.00 1.00 1.00 1.00 1.00 0.07 1.00 0.47 Lane Grp Cap(c),veh/h 472 589 499 226 345 292 645 881 i 916 33! 582 565 V/C Ratio(X) 0.69 0.12 0.97 0.07 0.30 0.09 0.90 0.53 0.53 0.79 0.75 0.75 Avail Cap(c_a),veh/h 472 596 505 250 377 320 762 881 i 916 69 582 565 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 1,00 1,00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Uniform Delay(d),s/veh 41.8 37.6 52.1 50.2 54.3 52.2 61.4 26.7 26.7 75.4 46.3 46.3 Incr Delay(d2), s/veh 4.3 0.1 31.8 0.1 0.5 0.1 12.8 2.3 2.2 32.9 8.8 9.0 Initial Q Delay(d3),sNeh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 °l«ile BackOfQ(50%),veh/In: 10.7 2.0 22.8 0.5 3.6 0.9 12.4 12.5 13.0 1.3 16.5 16:1 Unsig. Movement Delay,s/veh LnGrp Delay(d),s/teh 46.1 37.7 83.8 50.3 54.8 52.3 74.2 29.0 28.9 108.2' 55.1 55;4 LnGrp LOS D D F D D D EC C F E E Approach Vol,veh/h 881 147 1543 891 Approach Delay,s/veh 66.1 53.9 46.1 56.8 Approach LOS E D D E .,;i: 7 ri„ ti,�l=`iY�'z `1 tst iii':•. jt s, f4 i�t ''.,'l - f i t. i�'� si ,t'i.-{ i ,f 7 t, Phs Duration(G+Y+Rc),s8.9 82.4 7.9 55.0 34.8 56.5 28.0 34.9 Change Period(Y+Rc),s__ 6.0 6.0 6.0 6.5 6.0 6.0 6.0 6.5 Max Green Setting(Gmax) s 6.0 76.4 4.0 49.1 34.0 48.4 22.0 31.1 i Max Q Clear Time(g_c+I1),s 4.2 30.0 3.1 48.3 27.5 36.0 24.0 9.5 Green Ext Time(p-c),s 0.0 7.7 0.0 X0.2 1.3 4,5 0.0 0.6 HCM 6th Ctrl Delay 54.2 HCM 6th LOS D FY PM OPT 5:22 pm 10/13/2021 Synchro 11 Report Page 3 Timings FY PM OPT 2: Ocean Avenue & Federal Highway 10/15/2021 t` '~ 06 ` ' �' E1: 1Pts, Lane Configurations Traffic Volume(vph) 51 82 249 114 254 44 807 276 727 ' Future Volume(vph) 51 82 249 114 254 44 807 276 727 Turn Type pm+ptNA pm+pt NA Perm Prot NA Prot " NA Protected Phases 7 4 3 8 5 2 1_ 6, Permitted!Phases 4 8 8 Detector Phase 7 4 3 8 8 5 2 1 6 Switch Phase Minimum Initial(s) 4.0 6.0 4.0 6.0 6.0 4.0 20.0 4.0 20.0 Minimum Split(s) 11.0 38.0 11.0 39.0 39.0 10.0 33.0 10.0 26.0 Total Split(s) 11.0 38.0 22.0 49.0 49.0 15.0 62.0 38.0 85.0 Total Split(%) 6.9% 23.8% 13.8% 30,6% 30.6% 9.4% 38.8% 23.8% 53,1% YellowTime(s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 All-Red Time(s) 3.0 3.0 3.0 3.0 3.0 2.0 2.0 2.0 2.0 Lost Time Adjust(s) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Lost Time(s); 7.0 7.0 7.0 7.0 7.0 6.0 6.0 6.0 6.0 Lead/Lag Lead Lag Lead Lag Lag Lead Lag Lead Lag Lead-Lag Optimize? Yes Yes Yes Yes Yes Yes Yes Yes Yes Recall Mode None None None None None None Max None Max Act Effct Green(s) 19.5 15.5 37.6 29.0 29.0 8.1 57.4 28.0 80.0 Actuated g/C Ratio 0.14 0.11 0.26 0.20 0.20 0.06 0.40 0.20 0.56 v/c Ratio 0.29 0.68 0.92 0.33 0.51 0.48 0.76 0.86 0.43' Control Delay 48.1 71.5 82.9 52.5 8.7 82.9 41.3 78.9 19.7 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.4 Total Delay 48.1 71.5 82.9 52.5 8.7 82.9 41.3 78.9 20.1 LOS D E F D A F D E C Approach Delay 64.9 46.8 43.1 35.5 Approach LOS E D D D Cycle Length: 160' Actuated Cycle Length: 142.1 Natural Cycle: 115 Control Type: Semi Act-Uncoord Maximum v/c Ratio:0.92 Intersection Signal Delay:42.5 Intersection LOS: D Intersection Capacity Utilization 85.8% ICU Level of Service E Analysis Period(min) 15__, Splits and Phases: 2: Ocean Avenue&Federal Highway ^ t02 1�Q3 l � 05 ■ 06, 02 03 INIVIVIRS-1 Rim FY PM OPT 5:22 pm 10/13/2021 Synchro 11 Report Page 4 Queues FY PM OPT 2: Ocean Avenue & Federal Highway 10/15/2021 t` '~ 06 ` �' E1: 1Pts, Lane Group Flow(vph) 55 141 271 124 276 48 1064 300 845 v/c Ratio 0.29 0.68 0.92 0.33 0.51 0.48 0.76 0.86 0.43' Control Delay 48.1 71.5 82.9 52.5 8.7 82.9 41.3 78.9 19.7 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.4 Total Delay 48.1 71.5 82.9 52.5 8.7 82.9 41.3 78.9 20.1 Queue Length 50th(ft) 40 115 224 103 0 44 447 272 240 Queue Length 95th(ft) 77 190 #390 167 78 94 585 #425 322 Internal Link Dist(ft) 918 1812 308 570 Turn Bay Length(ft) 110 250 250 180 150 Base Capacity(vph) 187 397 295 552 663 112 1403 399 1976 Starvation Cap Reductn 0 0 0 0 0 0 0 0 598 Spillback Cap Reductn 0 0 0 0 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 0 0 0 0 Reduced v/c Ratio 0.29 0.36 0.92 0.22 0.42 0.43 0.76 0.75 0.61 # 95th percentile volume exceeds capacity,queue maybe longer. Queue shown is maximum after two cycles. FY PM OPT 5:22 pm 10/13/2021 Synchro 11 Report Page 5 HCM 6th Signalized Intersection Summary FY PM OPT 2: Ocean Avenue & Federal Highway 10/15/2021 s,1qu ..�r� Lane Configurations Traffic Volume(veh/h) 51 82 48 249 114 254 44 807 172 276: 727 51 Future Volume(veh/h) 51 82 48 249 114 254 44 807 172 276 727 51 Initial Q(Qb),veh 0 0 0 0 0 0 0 0 0 0 0 0 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus,Adj 1,00 1,00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No No Adj Sat Flow,veh/h/In 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 Adj Flow Rate,veh/h 55 89 52 271 124 276 48 877 187 300 790 55 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Percent Heavy Veh, % 2 2 2 2 2 2 2 2 2 2 2 2 Cap,veh/h 216 129 75 289 364 308 62 1196 255 326: 1883 131 Arrive On Green 0.03 0.12 0.12 0.11 0.19 0.19 0.03 0.41 0.41 0.18 0.56 0.56 Sat Flow,veh/h " 1781 1107 647 1781 1870 1585 1781 2914 621 1781' 3370 235 Grp Volume(v),veh/h 55 0 141 271 124 276 48 535 529 300 416 429 Grp Sat Flow(s),veh/h/In 1781 0 1754 1781 1870 1585 1781 1777 1759 1781' 1777 1828 Q Serve(g_s),s 3.9 0.0 10.9 15.0 8.1 24.0 3.8 35.9 35.9 23.4 19.1 19.1 Cycle Q Ciear(g_c),s 3.9 0.0 10.9 15.0 8.1 24.0 3.8 35.9 35.9 23.4 19.1 19.1 Prop In Lane 1.00 0.37 1.00 1.00 1.00 0.35 1.00 0.13 Lane Grp Cap(c),veh/h 216 0 205 289 364 308 62 729 721 326 993 1021 V/C Ratio(X) 0.25 0.00 0.69 0.94 0.34 0.90 0.77 0.73 0.73 0.92 0.42 0.42 Avail Cap(c_a),veh/h 216 0 384 289 555 471 113 729 721 403 993 1021 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 1,00 0.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Uniform Delay(d),s/veh 53.3 0.0 60.0 52.1 49.1 55.6 67.7 35.2 35.2 56.7 18.0 18.0 Incr Delay(d2), s/veh 0.6 0.0 4.1 36.6 0.6 13.6 18.3 6.4 6.5' 23.1 1.3 1.3 Initial Q Delay(d3),sNeh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 °l«ile BackOfQ(50%),veh/In' 1.8 0.0 5.1 5.4 3.9 10.8 2.0 16.8 16.7 12.6 8.2 8,5 Unsig. Movement Delay,s/veh LnGrp Delay(d),s/veh 54.0 0.064.1 88.7 49.7 69.2 86.0 41.6 41.7 79.8' 19.3 19:3 LnGrp LOS D A E F D EFD D E B B Approach Vol,veh/h 196 671 1112 1145 Approach Delay,s/veh 61.2 73.5 43.6 35.1 Approach LOS E E D D .,;i: 7 ri„ ti,�l=`iY�'z `1 tst iii':•. jt s, f4 i�t ''.,'l - f i t. i�'� si ,t'i.-{ i ,f 7 t, Phs Duration(G+Y+Rc),s31.9 64.0 22.0 23.5 10.9 85.0 11.0 34.5 Change Period(Y+Rc),s 6.0 6.0 7.0 7.0 6.0 6.0 7.0 7.0 Max Green Setting(Gmax) s 32.0 56.0 15.0 31.0 9.0 79.0 4.0 42.0 Max Q Clear Time(g_c+I1),s 25.4 37.9 17.0 12.9 5.8 21.1 5.9 26.0 Green Ext Time(p-c),s 0.5 7.0 0.0 0.7 0.0 6.6 0.0 1.5 HCM 6th Ctrl Delay 48.0 HCM 6th LOS D FY PM OPT 5:22 pm 10/13/2021 Synchro 11 Report Page 6 U-i Lj- > 0 00 �p I .QL C/) 4-1 0' • Q a-J , N L N N N C : , 0 O — N a.., N ca N U O U •� NO +-+ O • �' 3 M M • l o U o O X0 O J 00 ' 'E l0 U Oa N U 1 rl O m cn .U M N (3) � m ClA � c L O • 'ca _0O O O 4-J N — ca O ca }, O O U U M = N Q N 4- a.:, N ate'' U N U •O �O O � `1 Q }' -0 O iU N .N — U cn � `(3j 4., 4-3 (J O N Q o N rO L X -0 : :EN C N cv N a.., ca cerin O +N., 0 .v 0 �A W -0 O N N c�6 _� U N i Ot�: U ca Q Uc6 Q L ro ro m •ro � O W kb��ad: M }, }, •N u U • 6w) V (l l +Sns' p d,t`' 1 V w �e 1 I 511 1 i F u`� rY4?1 �i� 3 1N !LV ISL 1V p[�.p p�g } r LU couj uj 1 } I Y (INVAMOS NVBO • LL Co CD CD M CL 0 • CD o t i ♦ ue - a x f �j S}� A EL CO { • C { art ♦♦♦ d5 tixyn16 =,q 0 00 E 3nN3AV IS 3N, • • r� k1 xA €t1' � u. 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Ear `° '— 4-0 u ai c ' 16- (! CL9J C s V) aJ 41uy — tJ CU t0 �G "M" -0 0 t Q1 v 0 Z ,C �� -A � �" CLI '� CL 4-0 � til i C0 Q 9J d bA cu 4J 4- V-i1 • 0 p Cy L_ - ,- uj cu C: — v E 0 0 Q v u T � E cu cr- o a " "'4— cuE ao �° ° w V5 (uii` 4-0 w o ° v > m w . m ° o c� as ami F- V, o a) H Ca_ _, ,. a > CL CL a M M W -W 4 brIghtfine, October 1 , 2021 Mr,Jeff Burns I Affiliated Development 613 NW 3,d Avenue, Ste 104 Fort Lauderdale, FL. 33311 RE: The Pierce, Boynton Beach mixed-use project incorporating workforce housing along the FEC and adjacent to FEC-owned land Mr. Burns: I am writing this letter to thank you for taking the time to meet with us at Brightline to show us your development plans for the site in Boynton Beach, adjacent to our property on SUE W" street. Should your bid be selected by the city of Boynton Beach, we would be pleased to work with you and your organization to ensure continuity between your project and any eventual plans along the Brightline/FECR corridor. As discussed,there is an unavoidable link between public transportation and workforce housing, which you've been advocating for in Miami, Broward and Palm Beach counties. We are familiar with Affiliated Development's capabilities and as Boynton Beach stakeholders, we look forward to ongoing dialog as you pursue your plans. Sincerely, �m Ben Porritt Senior Vice president Corporate Affairs Brightline Trains 161 NW 6TH STREET I SUITE 900 1 MIAMI, FL srtl t f �I µ. - �S a„ r S � r .r f� t+ 1 3 I I ! l IV VA 'eI J 14 - t 7 tt 6 1(t yg t +ltt �i�ss11 �`'i;li kt} - ? 3�s r 3 131 a MY ��j�r�r,t;i` sr } �p }q}tr tit t W s s 4y ({x Ma at „c i �.............. � - rs, sr ? . }\\�' ' r i�rjSS3\\t ��s?�s`'•- y 1 sI � (��)S ��s� � � -_ s��l r r. i k �, ,.: • • �:tlt I N tAl S f 11 Ol iNe �1 1 tv vs v vi R r� a O r w a° � w r a , (' O1 r ° r a Q ° t � 3 1 Ori 4 g ff] a r � r FCS k 1 a] a a 4 f L � Its F1 ° r Y v1 47) 14 S 4 +1 �t 4l1 �v�! 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Required Sustainable Development Standards(Table 2-1). 1.Required Sustainable Development Standards Outdoor Lighting Utilization of warm while LED lighting for parking lots,pathway lighting,accent lighting and exterior building lighting. Butterfly Attracting The landscape plan is designed to utilize a minimum of 5%butterfly attracting shrubs and Landscape Material trees in,the planting scheme,with a minimum of three(3)different spades of plant material. Provision of Level 2 charging station capable of servicing two(2)parking spaces for every Electric Charging Stations fifty(50)dwelling units,or fraction thereof,in residential developments and one,(1)per I every fifty thousand(50.000)square feet of non-residential development, [�White Roof It Required for all products utilizing flat surfaces,roof must be white. lord19-027,passed 9-5-19;Am.Ord.19-028,passed g-5-19) Sec.3. Sustainable Development Options and Points(Table 3-1). _1.Energy. The use of any combination of the following strategies for areas of the non- roof impervious site(including road,parking lots,driveways,sidewalks and courtyards). Provision of shade within parking1pedestrian areas from open structures, such as pergolas,covered walks,parking lot sunshades.etc,,with a Solar Heat Island Reduction Reflective Index(SRI)of 29,as demonstrated by the manufacturer or the architect of engineer of record. . Use of only paving materials with a Solar Reflectance Index(SRI)of 29, as demonstrated by the manufacturer or the architect or engineer of record. . Use of only canopy trees within,and along the perimeter of parking lots, following the regulations in the Landscape Code for"Large Landscape islands." 25%of the non-roof impervious site 2 50%of the noes-root impervious site 4 75%of the non-roof impervious site 6 Efficient Cooling All air conditioners are Energy Star qualified,Minimum SEER M 2 Efficient Water Heating At least 75%of hot water on premises is heated via Energy Star Certified 2 water heaters or solar water heaters. Use roofing materials that have a Solar Reflective Index(SRI) 75 for low- Cool Roof sloped roofs(a2:112)or 25 for steep-sloped roofs(�2,12)for a minimum of 2 75%of the Mof surface, Lifilization of white or cool light colors for the body of buildings to reflect rather Building Color than absorb heat and reduce cool i ng costs.Accent and trim colors are not 2 limited to those choices. Shade Structures for Where provisions of shade structures are not required per code:Structures Buildings such as awnings,screens,louversor other architedural devices shall cover 4 a minimum of 50%of glazed openings, Where provisions of shade structures are not required per code:Structures such as awnings,screens,louvers,or other architectural devices shall cover 6 a minimum of 75%of glazed openings. The primary building is constructed with skylights that provide at least 10%of Skylights the light necessary for daily use on the story on which the skylights are 1 located. 4 A portion of the energy used by the primary building is 15%minimum 8 Renewable Energy generated using solar panels,wind turbines,or other 30%minimum 12 renewable source located onsite, 45%minimum Solar Heated Pool install solar water heating rather than gas or electric. 2 Lighting Provide energy efficient lighting such as LED lighting for building interiors for 100%of proposed lighting, 1 I Energy Star Appliances All appliance within a building are 100%Energy Star, 2 Insulation Provide increased insulation to achieve a minimum R-19 in walls and R-3B in 2 the ceiling. .................................. 2.Recycle and Waste Reduction. Recycle Content in Infrash-ucture For all now roadways,parking lots,sidewalks,and curbs. 2 A minimum of 50%of the building materials used are to be green Building Material materials,recycled,locally-produced materials,or sustainably- 2 harvested wood. Recycle StationlDumpster Area Recycle chute(s)in mixed use districts and dumpsl8r,which Include a 1 recycle station, 1 Water Conservation and Management Utilization of reuse water for Irrigation(if adjacent to site), 2 ReLfSe Water Utilization of reuse water for irrigation(if requested and approved by the Utilities 4 Cepartment to be brought to the site). The development includes rain gardens designed with native plants material installed in a sand/soil matrix soil bed with a mulch cover layer- Rain Gardens(Bio-swale Commercial:consisting of a minimum of 1,000 square feet, 3 or talo-retention System) Mulfi-farrilly or Mixed Use with less than fifty(50)units.consisting of a minimum of 2 five hundred(500)square feet, Multi-family or Mixed Use with more than fifty(50)units consisting of a minimum 3 of one thousand(1,000)square feet. Rain Water Reuse At least 75%of rain water from the roofs of structures is captured and recycled for 4 landscape Irrigation, Permeable Parking Permeable surfacing materials are used for some or all of 25%minimum 4 Surface's surface parking areas. 50%,minimum 6 751ra minimum 8 Permeable Sidewalk Permeable or acceptable natural surfacing materials are used for all sidewalks. 3 Surfaces Vault System utilize a vault system for stormwater management to maximize u5abie open space 4 on urban sites, 4.Urban Nature At least 50%of the total surface.ce area of the principal build Ing's root is a green Green Roof roof constructed in accordance with ASTM green building standards- 6 At least 75%of the total surface area of the principal building's roof is a green 8 roof constructed in accordance with ASTM green building standards. Provide a minimum of three hundred(300)square feet of an irrigated vegetated wall,which is Visible frorn right-of-Way OF private arrionifies, 9 Provide a minimum of six hundred(600)feet of an irrigated vegetated wall, Green Wall which is visible from right-of-way or private amenities. 4 Provide an entire facade(over 600 square feat)of an irrigated vegetated wall, 6 which is visible from right-of-way or private amenities. Public pedestrian and/or bicycle access to natural elements is provided by a bike of pedestrian path or trail that is at least 1/4 mile long and does not intrude 1 Nature Path or Trail on or unduly harm existing natural features. Public pedestrian andlor bmycla access to natural elements is provided by a 2 bike or pedestrian path or trail that is at least Y mile long and does not intrude on or unduly harm existing natural features. At least 50%of the total surface area of the top of the parking structure is a green roof or green wall. 4 Parking Structure.Green At least 75%of the total surface area of the top of the parking structure is a 6 green roof or green wall. The total surface area of the top of the parking structure is a green roof or green wall. —----------------- Provide canopy trees in an amount that exceeds the minimum number of 2 required trees by 10%. Provide canopy trees in an amount that exceeds the minimum number of 3 Tree Canopy required trees by 15%. Provide canopy trees in an amount that exceeds the minimum number of 4 required trees by 20%- Provide canopy trees in an amount that exceeds the minimum number of 5 required trees by 25%. Within residential or mixed use projects,the dedicabon of permanent and viable Community Garden growing space and related facilities(such as greenhouses)at a minimum of ten 3 (10)square feet per unit,and including the provision of fencing,watering system,soil,and secured facilities garden tools/equipment, Using only native or Florida Friendly plant species,restore pre-development Habitat Restoration native habitat on the pro*t site in an area equal to or greater than 10%of the 4 development footprint,working with a landscape architect to ensure that restored areas feature waterwise,native and drought tolerant plants, Provision of usable common open space in excess of code requirements by up Minimum Open Space to 20W The designed space shall not have any dimension less than seventy- 4 five(75)feet. 5.Transportation. Parking Structure At least 75%of th e devel opm ent's total n umber of requi red off-street 2 parking spaces is contained in a parking deck or garage. Electric Charging Stations Provide two(2)over the required number of electrrc car charging stations. 2 Provide(our(4)over the required number of electric car charging Matlions- 4 . Indooror self-contained bicycle storage lockers equal to a minimum of Facilities for Bicycle 3%of the vehicle parking spaces required with the non-residential 2 Commuters development 4 Shower and dressing area for he employeas,in addition to the above, 6.Other Sustainable Develapment Opportunities The development includes other green features that conserve energy, Other promote a healthy landscape,support public health and safety,or Up to 6 increase susta-mability-points to be awarded at the discretion of the 71 Development Director. (Oru7e-02rpassed s-5-19�Am.Ord.1a-0zopassed e5-1o) Total Sustainable points = 5O+ points • ®_ � � r i�, i, � g, 7' 0 a 0 m x w (w � - - - 3mtis 1i,��}Ftt � ��,� �&..", 1 F �o ,. � M!, ?ossa a Atr t 1 ii i f? ir1 � 1l i�Si�t� 7 i ��i i K ffJi� it pp �J1 f`1 fi ihili t Ir i k MW6 v ; f i u ) `�; i � #j 1i � �� i i t OL IN .ls' LP 1,2LMU tib i 1 A 1� `" + � RE l ai OA19 NV9 U-i Lj- > E 0 0 JH .qqm pppw- • • OJ c ao O N 5 (yi 0 � O O r—Il1 } i J�. rl r—I 00 � •0 f0 r-, _ C aJ O O x o z > ' (O O • („,y��t E S i'ijlIflljllt` aJ N 9 1I1aj OJ + 22 r-I • if'l1�� N N N M U C c..J N > 11 A}i o O 00 00 ,y5 07 fl- fl- 07 00 O a-' M + O •� aJ i a a 00 2�c� OJ + � o ro 00 CJ OJLr) T 00 (h O aJ O OJ Lr) N OJ T H OJ OJ OJ C c c fO O OJ OJ � Q Q fl dA ++ x x Vfro C ro c w w CU * O O �� `� o OJ 0 OJ m to O cc>O o H � *�' --� coU G Q O OJ +' OJ U aJ to W i - N O U f0 (p aJ m (p Q O C �o aJ aJ E o �o aJ w K (0 3 0 ° x .v o a>J aJ E o a>J aJ w a <n U r-I Ln w C o _5 a oc —ia oc _O t C U a m U N N IL OJ OJ OJ OJ C4 r-I 00 00 •� Q Q )i,;'.3F r-I N rl cif;�, rl N g g �tY14�,` hitt$ LL 00 1 O Ol ;t O O n n v O OJ Ln O �o N i iy, O O r-I O N ro O O �, O m ti O aJ = C C :, 00 I� ,, L v ri l0' P- U m LL LL O OJ OJ f iv' 00 r-I -tT -IT l0 n N 00 -IT i V1 LL V1 > > - 00 M Ol rl I- N O O rl 0) O LL O OJ , M' O 00' M li 00 N' l0' l0' M C � pLn O N ONl N c 0 0 0 0 lii� {�/} V} V} V) l �� V} {�/? V} V} t m o0o Lr) o o cri tfll, tfpll, N CO r-I r-I o0 TT V} M N TT N N Gl ijfl i t ) OJ > OJ OJ OJ a a IN aJ m psi m' �'ff��f 4l c +a aJ aJ ajo aj H �E ti`inzf',i `}O E aJ on ily+ n 0 bo O z o o°Jc oc v v �o oho {,',t,l o moo o o °�° c c c c > 1 U v v x =o =o v � = m li,; � 'p E u ao u v w c c O �Vi`! , S E > m m Q �i;;. +' 31 I, c +� � O_ Z H H a a > > O H H ��". i.i O_ w H �?..{4s 2 v01 i.i H a a • I� O c Lr) }, O 1 cB v c L U u E N c Q N aL+ NE i U f6 L CD Q 1 OOC =3 U L cn m� � tU m a + c O O cB L N tU • u U U � aA U 0 N O CO CO O N cn � L m 1 Q `� =3O L 07 Mo0 i N a + fB .E +, O O • cB X • m c U E Q 3 p � J 0 O L 0 O cB au °' m Q) - Q `} O + =3 O X o =3 =33 a cn Vr CLO +, 0 O cl: `O u (1) O o N � Q Q) c ° N o � ° U L U 0 > L L O Ou O E > =3 N i N O L c c '� cr cB C1 m Q O [3 T +�+ N L M � m N u N N Q L i O Q. U ° — O rl p m 07O `� C N fC 'N• +' N t1A 0 U Q ate+ N L U Vf txc �. 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ATTACHMENT"F" PROPOSED PROJECT FUNDING USES AND SOURCES INFORMATION Project Uses and Sources $ 8,765,000 Land Costs - $ 2,816,900 Soft Costs - $ 52,274,500 Construction Costs - $ 4,890,996 Carrying Cost/Financing Costs - _._..... _..... _. ........... $ 500,000 Marketing and Sales Costs - 4ost 2,739,617 Permit and Impact Fee Costs 1,160,411 Developer Overhead and Profit 73,147,424Total Project Capital Stack Proposer/Developer Equity $ 18,944,969 - Outside Capital Investor Equity $ 0 - Mortgage or Financed Amount $ 43,888,454 - Amount of BBCRA contribution requested, if any $ 0 - Other funding as identified $ 10,314,000 - Funding Total $ 73,147,424 - Page 24 of 30 • • o +! fa c E L q a� a� r� a� • o U C - U 'L 1 C U E d (6 Vf M w O w w -1 1, O O O O O Coco ri 0 0 0 0 0 0 0 r-I w w M w Vf 1l r-1 O N O O O O O O Vf O Vf l0 O O O O O 01 O Vf OR, It It O l0 O : C. 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The Developer seeks gap funding from the Boynton Beach Community Redevelopment Agency ("CRA"). The Developer and CRA are collectively referred to as the"Parties",or individually as a"Party'. The purpose of this funding commitment("Commitment") is to set forth the general understanding between the Parties regarding the proposed Project as set forth herein. By resolution, the CRA Board authorize CRA staff to prepare a Tax Increment Revenue Agreement ("Agreement") incorporating the following terms and conditions. These terms and conditions will serve as an outline of the proposed Agreement for approval by the Parties. DEVELOPER: BB QOZ, LLC, a Florida limited liability company and/or any approved successor or assign thereof. CRA: Boynton Beach Community Redevelopment Agency,a public body corporate and politic of the State of Florida pursuant to Part III,Chapter 163, Florida Statutes. DETERMINATION: The CRA determines that the Project is consistent with and furthers the goals and objectives of the Boynton Beach Community Redevelopment Plan by eliminating slum and blight, creation of workforce & affordable housing, creation of public parking structures, improving public roadways and infrastructure,and fostering redevelopment. CRA BOARD: The CRA Board consists of 5 members who also serve as the Mayor and City Commission for the City of Boynton Beach. PROPERTY: 8 parcels of land (to be combined via unit of title) situated within the Downtown District of the CRA as more specifically described in the attached ExhibitA. PROJECT: The Buyer is purchasing the Property for purposes of developing a mixed- use project containing a mixed-income workforce housing rental apartment building,restaurant and retail space,office space,and a parking garage containing private and public parking. The Project will be a transportation- oriented development and provide public pedestrian connectivity within the Property. See Project site plan and renderings attached as Exhibit B,which require all necessary Approvals and may be revised in order to obtain same. Notwithstanding the foregoing,any material change(or series of changes)to the Project as depicted in the Commitment representing a greater than 10% change to the gross floor area, or greater than 25% change to the total number of dwelling units shall require approval by the CRA Board. AGREEMENT: The Tax Increment Revenue Agreement to be entered into by and between the Parties, detailing terms contained in this Commitment including any exhibits and any amendments. APPROVALS: All required site plan, zoning and land use approvals necessary by the applicable Governmental Authority to construct the Project on the Property. 1 LENDER: The first mortgage lender to be selected by Developer to provide financing for developing and operating the Project, which may be secured by a first priority mortgage,security interest,pledge,lien or other encumbrances. The CRA shall reasonably tailor the terms of the Agreement in order to meet the requirements of the Lender. FINANCIAL CLOSING: The date on which all Project financing agreements have been signed and all required conditions contained in such agreements have been satisfied. TIF REIMBURSEMENT: Commencing on the Financial Closing date until the sunset date of the CRA ("TIF Term"),the CRA shall provide an amount equivalent to 95%of the tax increment revenues attributable to the Project ("TIRAP") and collected by the CRA,in the form of an annual reimbursement,within 30 days of receipt of the TIRAP("TIF Reimbursement Payments"). In order to qualify for the TIF Reimbursement, the Developer shall be obligated to pay full property taxes each year as required by Florida law and provide a payment receipt to the CRA. Should construction of the Project fail to be completed pursuant to the terms of the Agreement, the CRA shall have no obligation to make TIF Reimbursement Payments. AMI: Area Median Income("AMI")shall mean the Palm Beach County Area Median Income as set forth each year by the Department of Housing and Urban Development ("HUD"), or pursuant to another government monitoring authority agreed to amongst the Parties. MIXED-INCOME HOUSING REQUIREMENT: The Developer agrees to rent the units in accordance with the following:Tier One: ^-3.8%of the total dwelling units to tenants that earn up to 80%of the AMI;Tier Two: ^-22.6%of the total dwelling units to tenants that earn up to 100%of the AMI;Tier Three: ^-23.6%of the total dwelling units to tenants that earn up to 120%of the AMI;Tier Four:the remaining total dwelling units shall be unrestricted. In any such case, the Mixed-Income Housing Requirements shall be adjusted as necessary in order to meet the minimum code requirements of the City of Boynton Beach's Workforce Housing Program. RESTRICTIVE COVENANT: At Financial Closing, the Developer will record a Restrictive Covenant containing the Mixed-Income Housing Requirements,which shall remain in effect for a period of 15 years following Financial Closing ("Term"). The Restrictive Covenant form shall be attached to the Agreement and approved by the Lender. COMPLIANCE: Developer shall ensure that the Workforce Housing Units are occupied by eligible households at the time of initial occupancy during the Term of the Restrictive Covenant FORCE MAJEURE: Neither Party shall be held liable or responsible to the other Party nor be deemed to have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any term of this Agreement to the extent and for so long as such failure or delay is caused by or results from causes beyond the reasonable control of the affected Parry,including but not limited to fire, 2 floods,embargoes,war,acts of war(whether war be declared or not),acts of terrorism, pandemics,insurrections, riots, civil commotions, strikes, lockouts or other labor disturbances,acts of God or acts,omissions or delays in acting by any governmental authority,or the other Party. Events of Force Majeure shall extend the period for the performance of the obligations for a period equal to the period(s) of any such delay(s). SUBORDINATION: All the terms and provisions of the Agreement shall be subordinate to the Lender and the rights granted to Lender in connection with the loan secured by a first mortgage, including all subsequent agreements required by any funding parry. Without requiring CRA approval,and subject to any statutory provisions related to the use of public funds, the CRA agrees to tailor any provisions necessary in any of its documents in order to meet the commercially reasonable requirements of the Lender. MAINTENANCE/REPAIRS: During the construction of the Project,the Developer shall at its own expense keep the Project and Property in good and clean order and condition,and in compliance with all applicable statutes, codes,regulations, and ordinances. All construction will be done in accordance with applicable Approvals, building codes,and to the permitted set of plans and specifications. Upon the construction completion date, Developer, its successors and assigns,at its own expense, shall have a continuing obligation to maintain the Project and Property in good repair and in a commercially reasonable manner as may be required by the City Code of Ordinances. TAX PAYMENTS: Developer shall be obligated to pay all ad valorem property taxes due upon the Property and the Project as required by Florida law. INSURANCE: The Developer shall purchase and maintain, at Developer's own expense, insurance in forms and from companies reasonably satisfactory to the Lender. AUTHORITY TO EXECUTE: The CRA Director is granted authority to execute the Agreement consistent with the terms and conditions of this Commitment and approved for legal sufficiency by the CRA General Counsel,who serves the CRA Board. The Parties will use good faith efforts to finalize the Agreement in accordance with the terms set forth herein no later than 60 days following the approval of this Commitment by the CRA Board. This Commitment and the Agreement shall be made and construed in accordance with the laws of the State of Florida. This Commitmentsupersedes any prior commitments and agreements,oral or written,to and with CRA and Developer or any affiliate thereof,with respect to the subject matter contained herein. This Commitment may be executed in one or more counterparts,each of which shall constitute an original and together shall constitute one agreement. No unauthorized transfers of this Commitment shall be permissible without written approval from the other Party,unless such transfer is managed by Developer. The Commission authorizes the CRA General Counsel to finalize the Agreement in consultation with the CRA Director incorporating all terms and conditions set forth herein. The parties acknowledge that the undersigned have the legal authority to execute this Commitment and to bind the entities named herein. (SIGNATURE PAGE TO FOLLOW) 3 AGREED TO AND ACCEPTED: DEVELOPER: BB QOZ,LLC A Florida limited liability 5-omPany ell By' ;.. m e� ey Burns,Manager tom' Date: f CRA: Boynton Beach CRA By _ Steven B.Grant,Board Chair Date: 4 EXHIBIT"A" PROPERTY LEGAL DESCRIPTION m 5 ca m > > 7 O V L) 61 m CP) $ Li Q,0 o LL W W LEI Z v C> I,d3'Lll T [�jJ O u7 Z. Z fD n OD Q1 FD' fil 41) N:qS d] N m m m 0 m mMMMMMMILc- Ldp t6 F - 1 d 4 � 4 FE 4ij,,p 4 ,f gPAl " } Rt r� u �� + lsu�p(' j �c. •tj e } f > ar v 4t Ik4 �tf' urrF c Fa .. at � 4 SSY ��r�.f EXHIBIT"B" SITE PLANS&RENDERINGS 6 eu 1.-1- vu."Imr all O - �ISIJQV -d SNINNV VOINOId 'HOV38 NOIN�,013 v KYO I �a S1�311H��IV' E .LN3hdOl3A30 (13.LV171JJV ji 0 10A 9OH;]IcA;IHI oNl ,-IlUHTVDOV�FA t VV VSN V, n 31 MMI S TV', 0 WIT, "Al 1�z (l,ti, ;01%j U) on x LLJ BnNBAVIS�]N z „aNAM" Ilk, Ali CD F- 0 W LU LU U) LU Lu 01 77 (iuvA3inOg NVDO ......... t ,t{ 4( # s # 1 k I I I { f � # t I > h�nv a Q�navw 1 i .r. 3 f f.k i ft q { :1 1 i U rfr^f, r t c j h nFN 1° G J� s. ` i �fe „,t } �_ ,i IRI '�,. a� g �' 1 m u.�g � � ® � I �, s i, ��3 �"' ))t} yP�� Dp �7; �� +} �'w "�� n�' � E t l t � � 0 � 42i� � � � � ;�j, 3 S ti � p�', 1 { ; t-. . ,� j i �' It �: � ,;� { , ��` 1., ,_w,.: U-i LL w Lj- > 1 r � ttirt�U�i r sm Iwo � cmoc w a � L • +� v w �JI � cA 1j, A NOR, v v3tj �1 �A'vM 41�i� ntt n1{it �i��1}{! v {i 4l1 p v +1 kV it v f0, 1 , LU 0 MAR il {ai yd. w, m4 (maws , s��llJiti+il4'rr ,'` s r n�, �l W As a ' MEN WLvaUk- L.. �� y 1 L SM Mme .ffi W., w W t < r gIWO� r f�p 4�J -LL b LL 5 t '.LL. - - , , a r itf s� x ,�1��, • • N +, r, Lr) o m Lr! o N 00 O If) � � U c ro �✓ N _ LL LL LL C: i co C� UC,6C-6• (II ~ LL LL7 U LL o LL H Q (6 O O O • bn Z Z } Z } } } } } Qu Qu a--+ a--+ cn N O N • E L 0 U Ol � O c LL E l2A i� T cn U •N cn U — U U • Z E U U E 4- O ^, O N LL LL LL LL t t U U U v O _ O Q _0 �° �0 co LL f Q U LL o o °o Q 4-j O 0 W O O V r G O G G LL J J > 2 m Q U bA N O Z? > > Z) > cX N X NX L h^ c c c c •� b \ C G \ C C C G \ a cr O N N re a) � N N 2 U N c-I l0 M TT OM O O N 4-jN c-I M c-I N Nm N 2ILI cu ILI s C kbh,,L d aO-� M -O U 0 C X O 12 O • • 12 p U V1 CO C7 H Ea t t t t t t � w Ln H H H H H H U-i LL w Lj- > 0 O JL • N N N � � L O ++ _ 0 .� 3 L L Q O N O Q +�-+ c�ii o U Q N • OL U 4' N ZS c6 C: ° O c6 tw Ca) L E L Th +' fL6 4 E L 0 bD O N O 0 4+ L ED � U a 3 ° U L O 0 0 U , > L • > N N o _0 0 L +' N a)' 3 s tvo a Q +� c L 0 +*'+ 0 C O +s_+ C j �O ctf 0 • ° .3 U U O 0 3 +, +, N 0 O O (6 L N O {+ hA _0s U O N Q N 0 -0 EOQ t o 0 o vi L C hA -0 Q 0a1 2 (U U vi toC O ' > N O m _ 0W _ teV!{ > _0 0 UO O 0O} O C sto . s Q� >O -0 ZN3� OUQ C N lm1 , }' _0 ° L c c ai U N O U 1 7 U 0 U I )� O L U • r# �) U (L) Q j m N c ti0 O 4- :"'n - N (6 O U f6 O N N O N f6 Q cB C: N (D C aQ� c6>i Q +' U L O Q co L s C O 0 o 4- O , � a (1) 4- — 0- 0 � 2 m i N ° N O Q0 }' � C: N C hA N > 4- O O 0 r6 O 0 U L O U C _0 01 > N Q v- (�i1P°t N m L .— 4-� uA .Q 0 > E 0 to N N 01G 1015 c O Q Q O Q 41 pi�3Vi )' N tw X N a °st o ami L N N L- b00 C 1{� � L L Ti > AN S' r w V a1 N {( Vf N 0 o bbD E O ° U C ? p >> s — \ a1 a-' { {. — 0 Q 0 U � mu Ln LMUfj R { °�" L L (B -0 a L =3E N > N -C a••' • G1 O E , O 3 s N • G1 3 t caRcm lczr � ' G1 � N O O C �7 O O dA ` N C1.4 N MLrD E ^ U O X CDCD �. • �� U CSO CD co ' w w cn E ® � ✓ C� a � a C) -r— Cc ccn m cc cu .E > mE cx, ( O s w E u L tv 0 m 4D co t 0 CL V ^ U C Y CC CO Fv- 78 On cn a o o f .= 't +' G1 N4c ro cc ch ch u) w c aA III, _ u ° �1 last Q CL m • F o E 41 0 u co O �� GU 7 nU1vn {fvIr�d� S . y� falx \ O m >` 41 E N � pL +� U O t � ) CCL 0 1' i�l� �4 rf� �,, OD O c 1 �ffftil ` »r �� v Its { . v U 41u L 41fu O n f tUs m sz 1 4- fU 4' U fu fu fu fu C p _ L fff C O Q 0D 4— O 0 O O C � 41 C: +' U (1) O L C N U 0 U _ { o ra Q o o O 41 O � J p L N M — p S3 Q � fo 3 O f6 + O Q C >X L' 0 — fu •CL r— if O t u Q OL fll N O 0 0 CL 41p p L ro +1 Q E � C N O I`� �t U C L fu C N i (6 I) t � Q o �SU11111 + - -0 o -z- O N L Q N f6 C a � C U O C f6 41 IV O L N O E fa — 7 p 0 0 fa fa fa O O fa L cr 41 � C N '10- C ++ ++ Q O fB 41 1 f/f � 41 41— in — � O 41 fa � � (6 M ��{t3i fB L U a ro L — L U 3 p U }tr ate+ Q O O O to 41 Q to C: +- U O C C .— faffa fuD ; f Q v) L 0 L L L Q N m O ro N t,, +' +-� 3 O 4A ++ — p O CL > � c 0 D p L O NN ++ N N ' O vi fa 41 fa fa Y L p in L cu U O +1 41 N w w fa w D C L t U O OO N 4A N 4- p Q o 0 N 41 fa 41oC -0Q o 41 ami m O J4-1 '3 t • U • O O O " L llo .. 0 V O ISI O u U O o O 00 u 0• 0 . 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ASS.ADVISORS,LLIC FQr the Firm �r Gabnel Atva`az Managrrg Partner 01h BankUnited Commercial Real Estate 7765 NW 148th Street Miami Lakes, FL 33016 October 15, 2021 RE: Affiliated Development TO WHOM IT MAY CONCERN: It is my pleasure to provide you with this banking reference on our valued client Affiliated Development with whom we have had a banking relationship since 2020. The relationship currently includes aggregate financing in the range of$80,000,000. All loans and accounts have been handled in a satisfactory manner and are in good standing. Our experience with Affiliated Development has been positive and we aspire to continue supporting them in their efforts to continue developing mixed-use multi-family projects in South Florida. Please let me know if you have any questions or if I can provide any additional information to assist you in your evaluation of Affiliated Development. Sincerely, Patricia Lubian Senior Vice President Commercial Real Estate T) 786.313.1145 C) 786.427.4875 E) plubianp_bankunited.com City National Bank B,ci FINANCIAL GROUP October 12, 2021 Nicholas Rojo Affiliated Development 613 NW 3rd Ave Ste 104 Fort Lauderdale, FL 33311 Re: The Pierce: A 2.5-acre parcel of land located in downtown Boynton Beach, FL with proposed improvements comprised of approximately 236-unit multi-family residential building and approximately 16,800 square feet of commercial and public use space(the"Project") Gentlemen, City National Bank of Florida ("Bank") is pleased to provide you with the following indication of interest which discusses the basic terms currently being contemplated for the proposed extension of credit to the below-referenced Borrower. The following is not o commitment to lend,but rather on expression of interest on behalf of the Bank.A formal commitment to lend may only be issued after the Bonk has completed its full underwriting, including its customary due diligence processes, and approval by the appropriate approving authority. As such, the terms and conditions outlined herein ore subject to change in whole or in port. We have financed other similar projects with your organization, have evaluated your (borrower and principals)financial capabilities,and look forward to working together on another successful development project. BORROWER: BB QOZ, LLC The final ownership and structure of the borrowing entity, including its respective principals and investors, shall be subject to review and approval by Bank and its legal counsel. GUARANTOR: Mr. Nicholas Rojo and Mr.Jeff Burns ("Guarantors") shall, on a joint and several basis, guaranty completion of the Project, and guaranty payment of all interest. PO Brix 025620 Miami, FL 33102-5620 citynational'.ccm Member FDIC I Equal Housing Lender AMOUNT/ FACILITY TYPE: The contemplated Construction Loan Amount shall be subject to a maximum of 60% LTC or 60% LTV based on an "as complete and stabilized" appraisal, whichever is less. PURPOSE: To provide senior secured financing for the development of the Project. INTEREST RATE: 1 month LIBOR plus TBD Rate,floating. MATURITY/TERM: Thirty-six (36) months ("Initial Term") with two additional one (1)year extensions, conditioned upon the following and the 'Extension Option' criteria: CONFIDENTIALITY. This Indication of Interest is confidential and proprietary in nature between the Bonk and the Borrower and the contents thereof,shall not be shored,distributed or disseminated in any form to any third party(including to any other potentiol lenders) without the express written consent of the Bonk. Borrower may shore this Term Sheet with its legal and financial advisors, but only on the strict condition that such advisors shall keep this Term Sheet confidential os required above. Thank you in advance and we look forward to the opportunity to build a long-term, mutually beneficial, relationship. Sincerely, ao gma 4t David Albright Senior Vice President City National Bank of Florida Page 2 of 2 TREZCAPITAL October 13,2021 To whom It may concern- This letter is to confirm that the principals of Affiliated Development("Affiliated"),Nick Rojo and Jeff'Burns, are current clients of Trez Capital 1.ap together with its successors and assigns, "Trez"). Through the course of our relationship,Trez has extended over$75,000,000 in credit to finance mixed- sc projects developed ley Affiliated. On a personal level I have known flick Rojo and Jcff Binns for several years and believe they arc capable developers with the ability and financial wherewithal to continue to successfully execute on projects. We value our relationship with Affiliated and look forward to participating in future financings,including the proposed fierce project. Very truly )urs, r:.-mss "zR `.i i < <tdj)tI n c r.plfh • • lb N L m • E 7i Q V • Cr � OL C v a .� .� Q J t i �••� V i fa +.+ O OLa. ca ca v v 11,641 i •N O O i LMUV U-i Lj- > 00 0 4-1 4-1 4-1 F • ai 4-0 40 0. k } $ » ' C 1+0- C: C CL a Ud to 0 > Q3 CL 4-0 1 +-C�' © d Al C V m 1 CC m m CL m E » (A C d Q - N —C C - -0 0 0. »�. C m +�+ cr. CL Q) CL O CO 0 — to m L •� cvv Ci Lri Ci Ln Q�1 M (1) M d c `�VIP txo � m LnN CL s® >- CO 4-' N W Z�3 q- (j -C m CL W to 0 m oC 0 Ln 4-0 t� 4-0 "a +�-' c v- m C o- Q ` CC) -' c q� M -0 qa 0 ru LA M m c C m �.. s.. ZS L, CC '- a 0 o+jO m Ln Ln I- QL tko CL ~' coh 1�- do-0 0) 0 AAFFILIATED c=\= — DEVELOPMENT October 5,2021 Boynton Beach Community Redevelopment Agency ATTN: Ms.Thuy Shutt,Director 100 East Ocean Avenue,4th Floor Boynton Beach,FL 33435 RE: Letter of Intent to purchase the Property and enter into a Purchase and Development Agreement,as further defined below Ms.Shutt: We are pleased to present the following Letter of Intent('101")to outline certain basic terms,duties and obligations under which Affiliated Development proposes to purchase and develop the Property (hereinafter defined). The Terms and Conditions are as follows: 1. PROPERTY: 7 parcels further detailed below: a. Parcell: i. Physical Address: 508 E.Boynton Beach Blvd,Boynton Beach,FL ii. Parcel#: 08434528030010060 b. Parcel 2: i. Physical Address: NE 4th St.,Boynton Beach,Fl, ii. Parcel#: 08434528030010080 c. Parcel 3: i. Physical Address: NE 19t Ave.,Boynton Beach,FL ii. Parcel#: 08434528030010100 d. Parcel 4: i. Physical Address: 115 N.Federal Hwy.,Boynton Beach,FL ii. Parcel#: 08434528030060010 e. Parcel 5: i. Physical Address: 511 E.Ocean Ave.,Boynton Beach,FL ii. Parcel#: 08434528030060100 f. Parcel 6: i. Physical Address: 515 E.Ocean Ave.,Boynton Beach,FL ii. Parcel#: 08434528030060111 g. Parcel 7: i. Physical Address: 529 E.Ocean Ave.,Boynton Beach,FL ii. Parcel#: 08434528030060120 2. SELLER: Boynton Beach CRA. It is understood that Parcel 1,Parcel 5,Parcel 6 and Parcel 7(the"To Be Owned Parcels")are currently owned by separate parties not associated with this LOI,but that the Seller has these parcels under contract,as further demonstrated in Exhibit A to this LOL Seller shall close on the To Be Owned Parcels ahead of Closing on the Property contemplated in this LOI. 3. BUYER: BB QOZ,LLC,or permitted transferee Buyer,, Seller ED _ 1 1_..._ ...�_ 1te=\_\VDEVEL0PMENT 4. MOLE PRICE. $5,SlS,000 subject to customary adjustments,fee simple interest free from all liens,encumbrances and judgments, . PRD ECT: The Buyer is purchasing the Property for purposes of developing a mixed-use project containing amixed-income workforce housing rental apartment building,restaurant and retail space,office space,and a parking garage containing private and public parking. The Project will be a transportation-oriented development and provide public pedestrian connectivity within the Property. 6. PURCHASE&DE YS P 1 l T�aE I l: Within 9 days following the execution of this 1,01,Buyer and Seller will execute a Purchase&Development Agreement(the"Agreement") consistent with the terms and conditions contained herein. The Agreement shall be executed simultaneously with the Parking Lease Agreement and Parking Garage Purchase Sale Agreement(as contemplated herein), 7. DLIE D1L1 E CE; The Agreement will contain usual and customary representations, warranties,covenants and other agreements on behalf of Seller. As part of the Request for Proposals and Developer Qualifications for 115 N.Federal Highway Infill Mixed-Use Redevelopment PrDlect(the" Pj Q"),Seller has provided Buyer with Due Diligence Materials(as defined hereunder), In the instance that certain Due Diligence Materials have been omitted by Seller;and certain true Diligence Materials are necessary in carder to carry out the Project as planned,Buyer shall have a period of 60 days from the effective date of the Agreement (the"Due Diligence Period")to conduct any remaining inspections and examinations of the Property as Buyer requires anal as omitted during the RFP/ Q process, At any time prior to expiration of the Due Diligence Period,Buyer shall be entitled to terminate the Agreement in Buyer's sale and absolute discretion,In the event of such termination,Escrow Agent shall immediately return the Escrow Deposit to Buyer, & R E BILI ENCE MA'T'ERIALS: From and after mutual execution and delivery of this LDI, Seller,at its coast and expense,shall procure and deliver to Buyer all existing material documents in its possession relating to the Property,including,without limitation:(i)any and all reports regarding the presence of Hazardous Materials on or about the Property including environmental reports;(ii)recent property tax assessments and bills,(iii)all documents or contracts evidencing obligation of Seller to be assumed by Buyer;(iv)current insurance policies;(v)information on liens and opera permits,(vi)previous,current and proposed building plans&specifications,(vii) any estoppel certificates as may be required y a lease,(viii)all current leases and rent rolls,(ix)any and all contracts that may exist between Seller and a third party entity performing work on the Property,( )any report in the possession of Seller including appraisal(s),property condition report(s),and all other studies,notices or information pertaining to the condition or value of the Property,(xi)any other documents or information the parties deem relevant and necessary in the Agreement. Seller shall grant Buyer the right to enter the Property to conduct its due diligence. Buyer will indemnify,defend and hold Seller harmless from and against any damage suffered as a result of any such clue diligence activities and shall restore the Property to substantially the same condition as found, 9. IURVEY: Seller shall provide Buyer with a copy of any existing ALTA survey, Buyer shall be responsible for updating or procuring a new survey. 1R APPf3.OVA : Within 4 months following the effective date of the Agreement,Buyer(as Buyer's sole expense)shall apply for all required Approvals from the applicable authorities necessary to construct the Project on the Property,including but not limited to Land Use Buyer — Seller _.................... . AFFILIATED //Act--\\: — D EVE LO PM E N T Approvals and Gap Funding Approvals. Land Use Approvals shall be any necessary land use entitlements necessary to construct the Project on the Property,including but not limited to: formal site plan approval,alleyway abandonment,utility relocation,rezoning or comprehensive plan amendments,all variances,waivers and other ancillary approvals required to obtain all land use approvals necessary to obtain a building permit to construct the Project on the Property. Gap Funding Approvals shall be all city,county or government agency incentives or gap financing necessary to fund the Project. Seller authorizes the Buyer to apply for and obtain the necessary Approvals and agrees to cooperate in any such applications and approval process and to execute without delay any and all required documentation necessary to make application for Approvals,as well as to assist and otherwise cooperate with the Buyer in addressing requirements in order to secure the Approvals. 11. ESCROW DEPOSITS: Within 5 business days following the execution of the Agreement, Buyer shall deposit in escrow the sum of $50,000 to Kapp Morrison LLP(the"Escrow Agent"),which shall be credited towards the Purchase Price at Closing. Escrow Deposit shall be nonrefundable upon the expiration of any appeal period for Project Approvals. 12. TITLE INSURANCE: Buyer shall procure a title report or commitment("Title Report")for the Property from Fidelity National Title Insurance Company(the"Title Company')together with copies of all underlying documents of record referenced therein. Seller shall provide prior owners policy if in possession of same. Seller shall work the Title Company to complete any paperwork necessary to complete a unity of title,unifying all Property,which shall be completed by the Title Company prior to or after Closing. 13. CLOSING, Closing of the Property shall occur within 90 days after Buyer obtains Approvals. 14. COSTS: Buyer shall pay for the cost of the owner's policy premium,search and exam fees, and deed recording fees. Seller shall pay the costs of any and all transfer or documentary taxes and/or fees and escrow fees. Seller is responsible for any brokerage or sales commissions due relating to the sale of the Property. 15. GARAGE: Buyer shall,subject to final Approvals,construct a parking garage containing approximately 573 spaces within the Project,150 of which will be dedicated as public parking. 16. GARAGE SALE:: Buyer and Seller(and/or the City of Boynton Beach)shall enter into a separate purchase and sale agreement setting forth the terms in which the Buyer shall construct and sell the parking garage to the Seller(and/or City of Boynton Beach). The terms and conditions of the Garage Sale shall be found in Exhibit ,Parking Garage LOI. 17. GARAGE LEASE: Buyer and Seller shall enter into a separate lease agreement setting forth the terms in which the Buyer shall lease back approximately 326 parking spaces from Seller. The terms and conditions of the Garage Lease shall be found in Exhibit C,Parking Lease LOL 18. TRANSFERS: Buyer shall be permitted to transfer or assign this L01 or the Agreement to another affiliated entity of Buyer,provided that such entity is managed by Buyer principals Jeff Burns and Nicholas Rojo. Any other such transfer or assignment shall only be permitted if approved in writing by the Seller. 3 Buyers `ter_ Seller®. _ FFILIATED DICE VE L 0 P M E N T 19. REVERTER: Subject to Force Majeure,in the event; (a)Buyer has failed to secure a debt funding commitment for the Project and(b)commenced construction activities on the Property within 36 months following the Closing,the Property shall revert to and transfer over to the CRA in an amount equal to the Purchase Price plus out of pocket predevelopment costs incurred by Buyer. In the event of a reconveyance,all plans,permits and approvals shall immediately transfer over to the CRA. The Buyer is authorized to extend any such reconveyance by a period of up to 180 days provided that the Buyer can provide CRA with reasonable evidence that the Buyer is actively pursuing construction of the Project 20. JOB-FAIRS&APPRENTICESHIP: Buyer will require its general contractor to 2 job fairs targeting residents and businesses located within the City of Boynton Beach.The job fairs will be held at a venue within the City of Boynton Beach and marketed within sixty(60)days from the date the subcontractor participating in the job fair is set to mobilize on the Project. Furthermore,Buyer will require its general contractor to utilize best efforts to participate in an apprenticeship program targeting City-registered MWBE minority and woman owned small businesses that want to gain large-project experience. 21. PERMANENT JOBS: Buyer will include language in its leases with all Project retail, restaurant and office leases that requires that tenant to utilize best efforts to hire full-time equivalent or part-time jobs to residents located within the CRA and/or City of Boynton Beach. 22. TERMINATION: Either Party may terminate the Agreement in the event of a default by the other Party,subject to standard cure rights by the defaulting Party,as more further outlined in the Agreement In the event of a termination in accordance with any of the provisions the Agreement,neither Party shall have any further rights or obligations to the other,unless otherwise specified in the Agreement 23. FQR_CE MAJEURE: Neither Party shall be held liable or responsible to the other Party nor be deemed to have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any term of this Agreement to the extent and for so long as such failure or delay is caused by or results from causes beyond the reasonable control of the affected Party, including but not limited to fire,floods,embargoes,war,acts of war(whether war be declared or not),acts of terrorism,pandemics,insurrections,riots,civil commotions, strikes,lockouts or other labor disturbances, acts of God or acts, omissions or delays in acting by any governmental authority,or the other Party. Events of Force Majeure shall extend the period for the performance of the obligations for a period equal to the period(s)of any such delay(s). 24. AUTHORITY: Both Parties represent that the execution and delivery of the LOI and Agreement and the consummation of the transactions contemplated hereby do not and will not(i)violate or conflict with the organizational documents of Buyer or Seller; (ii)breach the provisions of,or constitute a default under,any contract,agreement,instrument or obligation to which Buyer or Seller is a party or by which Buyer or Seller bound;and (iii) require the consent or approval of any other third party. The Parties executing the Agreement are authorized by their respective organizational documents to enter into the Agreement and bind each Party to the terms hereof. 4 Buyer Seller AFFILIATED __ % DEVELOPMENT This LOI shall be executed simultaneously with Exhibit B,Parking Lease LOI,and Exhibit C,Parking Garage LOT. It is understood by both Parties that this LOI is non-binding and is simply an indication of the current terms and conditions under which the Buyer is willing to go forward with purchasing said Property. Notwithstanding the foregoing,at the time the Buyer is selected by Seller pursuant to the RFP/RFQ the Parties may negotiate and revise this LOI,and any exhibits,as necessary in order to reach agreed upon Terms. Parties agree to work in good faith to finalize and execute the Agreement under the same terms and conditions contained within the final executed LOT. This LOT may be executed in one or more counterparts,each of which shall be deemed an original,but all of which will be deemed one instrument. Parties may execute this LOT and transmit same by facsimile or email, and in such event,agree that acceptance by facsimile or by email shall be treated in the same fashion as an original signature. The Effective Date of this LOT shall be on the later of the dates as executed by both Parties below. By signing below Parties agree to the terms and conditions contained herein. AGREED TO AND ACCEPTED: AGREED TO AND ACCEPTED: BUYER:BB QOZ,LLC, SELLER:Boynton Beach CRA DATE: , 1 DATE: BY: At BY: _. __... NAME: efF .ir NAME: Steven B.Grant TITLE:Manager TITLE:Mayor and Chair t� r 5 Buyer Seller, ____ - ,�f 3, 1 1 to tf R r r,� 9 n 1� 1 Iti W 7 S, CD X54 • EXHIBIT"A" 2 PURCHASE AND SALE AGREEMENT Is Purchase and Sale Agreement(hereinafter' )Is made and enteredInto as of the Effecdve Date (hereliviter defined),bV and between BOYNTON BEACH COMMUNrTY REDEVELOPMENT AGENCY, a public agencya r 24 Part Ill, of the Faida Ste s (hereinafter " ) and 500 Oman Properties, LLC (hereinafter `S "). In consideration of the mutual covenants and agreements herein set forth,the Parties hereto agree as fol L RUMM _ . SEUER asnees to sell and convey to PURCHASER a s to purchasend "wre from sEwn, on e terrm and condkJorts, heralrwfter set forth, the Properties Palm Beach County, ( ) pid rnore partkularIVdescribed as Lot 30 and the West 7 feet 8 Inchm of Lot 12, Less the South a feet (Ocean , Block 4 TOWN OF BOYNTON, according to the plat,thereof,as recorded in Plat Back1,Page 2% of the PuWlc records of Palm Beach County, And Lot It I=the Vftst 7 feet 8 Inches,Less the South a finet( n Avenue , N OF BOYNTON,according to the plat thereof,as recorded in Plat Book 3,Page 23,of the Public Records County,of PaIrn Beach Floriala. And Lot 12. Block S. ORIGINAL TOWN OF BOYNTON, according to the thereof,plat reawded In Plat Book 1, PagePublic Records of Palm.1108ch County,Flodda. 535, and 2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paidrth Property shall be Three M111on SIK Hundred Thousand Dollars ( in cash, by wire transferof UnIted5tates Dollars at the omms PURCHASEWs InNals- SELLWs Initials: ` , Purchase and Sale Agree ment Pop 2 of 17 . DEPOILT .1 Earnest Mofty-Ceamit, Within five( Business Days after the execution of the Agreement by both perUM PURCHASER doll delver to Lawls, Longmanr, P ( w ) of deposit in the mount of Fifty ThousandDollars( (the qnNal Deposle). Providing this Agreement Is not otherwisein a terms herein, PURCHASHER shall deliver to Dam Agent an additional deposit In the amount of C)ne Hundred Fifty ThousandDollars ($ on or before OdWwr a; ML The Initial Deposit and additional deposk are hereafter . .2 nol n I be applied and disbursed as s: Providing this Agreement Is not terminatedr party pursuant to ft terms set forth herein, My Thousand shell be released to SUM within 10 days of tM expiration of the Feasibility (hereinafter defined).). remaining Depoidt shall be delivered to SELLER at and the PURCHASERall recelve a credit forthe Deposit apinst the PurchasePrice, If is Agreement Is terminated durfte Feasibility Period for any reason, the Depask she ll be Immediately refunded . If this Agreement Is terminatedt, pursuant to Sedion IX the Deposit shall be delivered to(or retained by,as applicable)t clefoulting Party, and the non-clefoutingParty shall hm such additional lofft, N any, as are provided In Section 12. 33 Agent. PURCHASER audwrike Emrow Ament to receive,deposit ain—eicrowand,subject ,dWxnse themu r authorbAon and In accordance with FbrWa low and the terms of this:Agreement. The parties agree that Escrow Agent Will not be Roble to any person for nidsciallvery of ascv&-ed Rams to PURCHASER and SELLEP, unlessI ryIsd s wilful breach of this Agreementorgrossneogence. If Escrow Alent Interpleads"subject r the escrow, Escrow Agent I pay the filing fees and cam from the deposit and will recover reasonable aftmWs to be paid from the esawwad funds which isre chaMed and a d as court costs in favor of the prevailing party. All dalms againstAgent will be arbitrated, so long as Ewow Agent consentsto arbRmte. t KMOVE The date of this Agreement(the OMectiveDatel shall be the date when the last one of the SELLEIR and PURCHASER has signed this Agreement. S. 90ING, The Purchase and sale transaction contemplated herein shall dose on or before December 17,2D21( e`CbsInSJ,unless extended bVwdtten agreernent,signed by parties,both extondinS the Closing. However,in no event whetwever shall the Closingr later than December 31,2ML C t Closln& SELLER shell n PURCHASER, by 4a wamw PURCHASEWs i Is: SE R's lnitkls: • `r Purchase ant Page 3 of 1 ' Special Warranty Deadmp with the requirements of the Tide Commitment(he rehafter defined).valid,good,marketable and I&urable Me In fee simple to the PropertV,free and dear of any and all Dons,encumbrances, n ,restrk:tIons and other conditions except only the fol ;(collectively, pts :(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 7M@ Commitment or shown on the Survey(defined In Section 7) whkh PURCHASER falls to object, or which PU pursuant to Secthn 7.1 and Section 7.2 hereof. 7. FEASIBILM PERIOD. The PURCHASER and Its designees shall have from thit Elfective, Date until November a 2121 ( ), at PUROMSEWsex ns, to make hquIrles which PURCHASER m necessary to determine If the Property Is sultable for Its Intended use and to enter upon the Property, at any time and from time to time with SELLER and so Ions; as N Inveftstlons do not result in a business to perform any and all l testi, inspections, tion and investigations._ the Property, I t not limited to Phasa I and Phase 11 Investkations. During this Feasibilitymay alect, In PURCHASERs sale and abs*lute discretion, to terndriate this Agreement and receive back the Deposk provided that PURCHASER Provides SEUAR with written notice of PURCHASERs dedslon to terminatethe Agreement prior to 5:00prn Eastern time the last day of the FeaslbllkV PURCHASER fail to provide with written termination notice prior to 5.,ODpm Eastern time n the final day.of the Feasibility Period, PURCHASER wa d Its ablilty to terminate tha Agreement pursuant to this Paragraph, the Deposk shall become non-refundable to PURCHASER(except M the event of a material default by SELLER),and the A proceed to Closing upon ft terms and conditionsnt i` d hereTn. If PURCHASER elects to terminate this Agreement in accordance this Section, (I) leave the Property in substentiallyr the condition existing on the Move Date, subject to such disturbance as was reasonably necessarV or convwnie nt for the wsft and Irivestisation,of the Property;(II)to the extent practleable,shall repair and restore any damage catmed to ft Property by PUR 's tesft and tion; a (afl release to SEUEk at no cost all reports and other work product generateda result of the PURCHASERs testing and Investigation. PURCHASER hereby agrees to Indemnify and hold SEJJER harmless from and against all claims, losses, expenses;demands and liabilities, Including but not limited to,attorneys fees,for npay r servicesfor rendered to PURCHASER (Inducling, without limitation, any construction therefrom) or for damage to persons or pro (subject the limitatlion on practlimbility provided ) arising of PURCHASEWs Investigation of the Property. However, PURCHASERs Indemnification obliptions shall not excel its stetu" limits of sovereignImmunity provided within Section 7611.211,Florkis Statutes,and PURCHASER does not walve Its sovereign Immunity rights. SELLERS' obi Ions under this Sections ll survive the termInatJoin,expiry orClosing of this Agreement. 7.1 Mg B&view. lhln twenty( of the Effective Date, PURCHASER shall obtain, at the PURCHASM expense, from a Title Company chosen by PURCHASER oiswm4 PURCHASEWs In Is: . SELLER's Initials. .V. r , Purchase and Sale Agreement Page 4 of 17 therelneftir Company"), a Title Commitmentcovering and proposing to Insure PURCHASER in the amount of the Purchase Price subjectonly to the Permitted together with complete and lagible,copies of all Instruments Identifiedas conditions or exceptions in Schedule B of the Title CommftmnLand all assesswents, outstanding charges,utOlLy _ _ ns and other matters not constituting Permitted Exceptions and that n be cur*4 with the payment of money shag be paid by SOM prior to or at closing from 's proceeds. PURCHASER shah examine the Me Commitment and deliver written rKmm to SELLER no later than thirty(M days after the Effective Doe notifft SELLER of any objections PURCHASER has to the arAltion of t (hereinafter Or&Objectlansl. if PURCHASER falls to deliver the Tide Objecfts to SELLER within the aforesaid review period,thle shag be deemed accepted subject to the conditions set forth in the Tide Commitment. If PURCHASER timely delivers the Tide Objecthns,then SELLER shag have twenty` either cure and remove the Title Objection(s) or provide notice to PURCHASER that SEM will not cure such title objection(herelnefter mCure Pe&d"). In ft event that SELLER Is unable or unwilling remove,and or cause to be cured and removed,the Title Objettions within the Cure Period, then PURCHASER, in PURCHASEWs sole and absolute discration, shag have option of( accepting the e as R then Is and proceedingins with no reduction In the Purchses Prim and all such Title Objections that SELLER declines to cures II Permitted Exceptions,or(It)cance Ing and ternrilneting this Agreement,in which case,the Deposits I be returned to PURCHASER and the Parties shall have no further obligations or MbMtVhereunder, ompt r those expressly provided herein to survke termination of this AgreemerwL Should PURCHASER elect to accept the title as It then Is and proceed to Closing, SELLER11 still be required to pay off all _ , outstanding utility chargel, liens, and payable, of the Closing. in no event sWI SELLER he requiredlitigation to cure any tide or survey defect,enawchment,or encumbrance. Prior to the e e the Title Company to issue an updated Title Commitment ( a Ud Property. If any Tftb Update containso that r the effectivet mit nt a , causedwere or skrwed to occur by SBJLER and which appear in the Tide Commitment, and such items render unmarketable, S^ shall jet to such rtew or different conditions In writing prior to Closing. AN egift,and objections of the Parties with respect to objectJons arising the Title Update shat be the serne as objections to items appearingIn the Me Commitment,subjedw the provbbm of Oft Section. 7.2. vat. P 's expense, shall obtain a current su ( rvey') of the PropartV, Inclicating the number of acres comprising the Property to the nearest 1/1=h of an am.. If the Survey discloses encroachments on the Property or tint Improvements lotated thereon encroach on setback Ines, easements, lands of others or violate any resuictlons, covenants of this Agreement,or applicable governmental regulations, the sarne shall constitute a thle defect and shall be gmmed by the provisions 7.1 concerning Title Objections. However,In no event shall SELLER be required to commence litigation to aim any title or survey defect, msmmw PURCHASEWs In ls: { S s Initials! Purchase and Sale Agreement Page 5 of 17 encroachme nt,orencumbrance. 7.3 SELLER Delive ies. SELLER shall deliver to PURCHASER l n and Inamments within three (3) bushmss days of the Effoctive Date of this Agreement, except as specifically indicated: 7M Copies of leases for all commercial and residential tenants occupying_ the Property. 7.3.2 Copies of any reports or s (including engineeift environmentaL soll borings, and other physical I ), In SELLERs possession or control h respectto the physical condition or operationof the Property,Wafty. 7.3.3 Copies of all licenses, variances, waivers, permits (Including, not limited all surface wager management permits,wetland m use Permits n environmental resource permits), authorWons, and approvals required law or by any governmental or private authority havIngJurisdiction over the Property,or any portion thereof(the w6overnmentalApprovals"),which are material to the or operation of the Property and In Se' 's poswwAbk Ifany. MA At Cleft SELLER shall execute and deliver to PURCHASER and all documentss Instruments required by PURCHASER,In PU ER's sob and absolute discretion, :(q effectuate the trander to PURCHASERthose Governmental Approvals, or portions thersof which are applicable to the Property, that PURCHASER desires to have asskned to It, and/or (1) cause the Property to be withdrawn from any Governmental Approysts. SEWER will not be mquired to incur expenses to provide such documents and Instruments. No later than twenty(20) days prier to the Closing Date, SELLER shall remedy, restore, and rectify any and all violations Governmental Approvals (including, but not limited , any and all portions of the surface water management , mlt tion areas,or other items whichdo not comply with the Governmental Approvals or applicable ),If a SELLER wan-ants that there will not be, at the time of Ckxfn& any unrecorded Instruments affectift the title to the Property, in3 but not limited to anyve n s, easements, licenses or lesses. L CONDITIONS 10 C_ ...... NG. PURCHASER shall not be obligated to close on the purchase of the Property unless each the following nditia (collectively,the `Condit' ns to I ) are either full'Illed or walved by PURCHASER In writing: B.I. RM - n o s a ;nt s, All of the representations and warranties.of SELLER contained In this Agreementshall be true and correct as of Closing. 8.2. C qj%djV2a_2LpMg2dy, The physical condidon of the Property shall b PU ER's Initials: .' SELLEWs InItla :' f'" Purchase and Sols, nt Page 6 of 17 materially the sarne on the date of Closings on the Effective Date, reasonable war and tear . . At there shall be no litigation, dalm, action, or adfdnWMWe agency or other governmental proceeding, any kind whatsomr, whether In 4 or threatened, that would affect the Pro which has not been disclosed,prior to ClosIMn acceptad by PURCHASER. M. n and flggghfios. The Property shall be in cornplience with all applicable fiederaL swe and local laws, ordinance4 rules, regulations, codes,requirements,licanses,permits and autharizatlarys as of thadate of Closing. Property q be conveyed to the PURCHASER at time of Closing subject only to the existing lems referred to In Section 7.3.1 above. After the Elfactive Date of this AgreernentSellershal be permitted to mnewexbtln# s affectingthe Property provided that all such renewal leasm provide the landlord a ninety ( ) rw of termination, do not exceed a term of one year from the date of renewals and that any terms whatsoever that differ from the current leas other than ft new lease expiration date are subject to apprwal n by PURCHASER. . C e PURCHASER shall prepare, or cause to be prepared, the Closing Documentst forth In this Section, except for documents prepared by the PUR 's TItle Company. At CksirqL SELLER shall exwft and deliver, or cause to be executed and delmrad to PURCHASER the fodocuments and i (colledholy, Voting Documents'): 9.1. � A Spedal Warranty Deed (the "Deed ) conveying to PURCHASER valid,good, marketable and Insurable fee simple tide to the Property free and door of all lens, encumbrances and other conclitlions of tide otherthan the Parmhod Exceptions. .2 StWo Afffftlts, SELLER shall fumbh to PU RCK45ER and"Mier Company a customary is afficlavit attesting that,tat knowledge,no Individual or entItV has any clalm against Property under the applicable ction lien w; and that there are no parties In possession of the Property other then SELLER. SaM shall also fumish to PURCHASER a non-foreIgn affidavit with respect to the Property.In the event SELLER Is unable tddellverhs affidavits referenceda ,the sarneshall be dethiedanu d tMe oblection. .3. dosing mens setting forth the Purchase Price, the Deposit, all credIts6 adjustmentsprations between PURCHASER and SELLER,ali costs and expenses to be paid at CkwJqL and the net proceeds due SELLER,which PURCHASER shall executealso and deliver at .A. Ggrm;1LwSgWMV& Downtantation required to dear title to the ms PURCHASER'S In ` SELLEWs Intttals' • Purdmize and Sale Agreement Page 7 of 17 Property of all liens,encumbrancesand exceptions,9 any,otharthan Permitted . 9.& &dd&WMLPMLM2ii&L Sudi other documents as PURCHASER or the Me Company may reasonably request that SELLER meoute and delver,and any other documents required by this Agreement or reasonably necessaty In order to dose this transaction a effectuatatheterms; this Agreement. 10L EBQ Lmrations. Ameswrwrits, renti6 Interesk Insurance and other experims of the Property shad be prorated through the day before Closing. PURCHASER shell have the option of takingr exisdrM policiesInsurance, IF assumable,In which event premiums shall be prorated. Cash at Closingshad be increased or decreasedrequired to be e through the day prior to Closing. a nt and secuiltv deposits,if any,w11 be andked to PURCHASER. es shag be prorated based upon the current is tax with due allowance madir maximum allowaWe dbmnt. 10.2 Ad a m IMSS. PURCHASER and I comply with Section F respect to the payment of prorated ad valorem year of dcWng Into escrow with the Pakn Beach Counity Tax Colkaor's Office. in the event that following e Closing,the actual amount of assessed real property tax on the Property for the current yeark higherthana estimate used for purposes of the Cbsin&the parties shag nts paid occrecifted bwedans estknaute as IF paid M November.This II survive the Closing. .1 S & a Certified, confirmed and ratified spedal assessment ns Imposed by public bodies and payable as of Closingare to be paid by SELLER. Pending lions as of Closingshell be assumedPURCHASER. If the Improvement has been substantially completed as of the Effectiveany pendinglien shad be considered certified, confirmed or ratified and SELLER shall, at Closing, be chariied an amount equal to the lost estimate or assessmentforthe Improvement by the pubk .4. ged3L2W& PURCHASER shall be responsiblerdin ,all neral closing expenses (settlement r fees, overnight package, Or-), all title Wurance expenses, ry sumps on the deed, and any expenses associated PUR ER's finandng, Each will pay their respect"aftorneVs fees. Otherthen SELLER paying Its own attorneys f&K PURCHASERand SELLER agre# t transaction contemplated by this Agreement shell be"net"'to the SELLER with PURCHASERli all com assodated with the transaction otherthan SELLEresattorney's fees. 2CL5 In u__. PURCHASER shall fund the Purchase Prke subject to credits,the and pmrstions set forth herein. SELLER and PURCHASER(as PURCHASER( applicable)shall @xocute and deliver to Closing Agent the ClosingDocuments. The Closing Agent shall, at 61SWIMS PURCHASER'S In Is: SELLEWs inittals ' ' Purchase and Sale Agree ment Page 8 of 17 Closing: (1) disburse the sale p • O deliver the ClosTngn nd a Mmarked-upO'fte Commitment to PURCHASER,and promptly thereafter, record the Deed and er recordable Closing Documents in the appropriate public records. r ns, At ClosIng,SELLER shall o l% or cause to be obtained, satisfaction or releaseall mortgages, liens and Judgments appikable to and encumbering the Pro IL P - 'fl_ S _COVENANTS_..m ._.WARRAFMES OF SELLER. To in duce PURCHASER enter Into this Agreermnt, SELLER makes the following ,all of to the best of Its knowledge,In all material respects and except as othterwise provicled In Is Agreement(I)are now truk a (q)shall be true as of the date of the Closing unWss SELLER receives Information to the contrary, and ( ) shall survive e Closing. In that eveM PURCHASER all be provided Immediateas to the change to the folWrq rere n : 11.1 At all times m the Effective Date until priorto Closing, shall keep the Property(whether fo r ft date of C free and clear of any mechmWs or mate rislmen's he nsfor work or materials furnished to or contractedfor,byor on behaffof SELLER Prim to the 0asing,and SELLER sMIIi en nda hold PURCHASER harmless from and against all expense and liabliftyin connection therewlth(butuding, court costs and reasons ble attornoWs } 11.2 SELLER has no actual knowledge nor has SELLER received any notim of any ftigatkw4 claim,acthn or proceeding,aMalarthmftned,apinstSeMor the Propertyby any organization,person,Inl r rnme ntela ncy which would affect( anythreatenod Iftigatton,claim,action or proceeding,Ina materially adverse fashion)the useocwpncyorvalue oFthe PropertyoranV part thereof orwhfchwoulclotherwiserelatatothe Property. 11.3 SELLER has ll powera authority r Into this Agreement and to mums and parkwrn Its obl4ptions hereunder In this Agreement. SELLER does rot and will not conflict with or result In the breach of any n or provislom or constituto a defaultunde r,or result In the aeationor Imposition of any lion,charge,or n cobra upon" the Property or assetsoftheS sof anywnbnM rnongw,I , agreement, Indenture, Instrument or judgment which the SELLER Is a party of whkh Is or purports to upon the SELLER or which,effects S ®no action by any federal,state or munidpal or other govemmental agency department. m ion, board, bureau or Instrumentality is necesseryto make this Agra enlientaval Instrument upon the SELLER In accordance with terms.Its 31.4 SELLER represents t SELLERwIll not,between the Effectivethis ree ent and the Closing,withoutPu 's priorwritten consentwhich consentshall not be unreasonably withheld or delayed, except In the ordinary course of business, s any mwiw PU s I Is" SELLEWs 111 Purchase and Sale Agreement Page 9 of 17 encumbrances on the Property. For purposes of this provislan the torm "encumbrancee she I mean any liens,dalms,options, or odw r encumbrinces,enowchments6 rights-cf-way,lanes, easements, covenants, conditions or restrictiorm Except for renewing existing s In accordlence with Sectlon&Shereof,SEUJM represenisthetSEUERwill not betweenthe Effective D*teof thIsAgreement and the Owing,take any action to terminateIly,amend oralto r presentlyany exisftleases , ut e priorconsentof PURCHASERwhichconsent shag not be unreasonablVwlthheld ordelayed ILS SWER representsere we no parties otherthanS In possession of ft Property or any pofflon of Ow Property as a lessee otherthan dwse disclosed by section '.3.L 6 SEM shag use Its best efforts to maintain the Property In Its present condition so as to a that'It shall remain substantially in the some condition from the the Feasibilty Perlodto the Closinit,Date. 7 IMMMONALLYD . 1LB SEUER represents that It has no actual knowledge nor has It received any notice that tM ProissrLy has boon,is prawntly or k contemplatedad as e rar&rwcTr of Mate 1. As used heroK the term"Hazardous Mate rblu shall mean any substance, water or material which has been determined by any state, federal or local gmternment authority to be capable of podng a risk of injury to health, and properily, Including, not limited to,all of those materials,wastesandsubstances desknated as hazardous .o is by e U.S.Environmental , U.S. Labor,the U.S. ,{ of Transportation, and/or arq other state or local governmental agency now or hereafter autitorized to reguWm mattrials and substances in ft orAftriment (collectively %overnmentalAnthaftlesM. 9 SELLER represents to PURCHASER Property Is not subject to any deed re strittlons or doclaration of re ns running the Property use of the PropertV exceptthose constituting Permitted do deft da . =10 Between the Effective Date of this Agreement and the d , of closir4g, SEU.ER will not file any application r a ftnge of the present zoning classification of the Property. iLU &09 7he execution and delivery of this Agreement by SEUER and the consummatlon by SELLER of the transaction contemplated by this Agreement are whin SMWS capacity and all requisbe action has been taken to make this Agreement valid and blndInS on SEMER In attordence with its to s.7M person executing this Agreement on behalf of SEUER has been duly authorized to act on behalf of and to bind SELLER,and this Agreement representsa valid and binding obligation of SELLER. magna PU R's InitI96- SE 's Initials° Purchase and Sale Agreement Page 10 of 17 IL12 J&k. SELLER Is and will be on the Closing Daft,the.owner of valld,ll;ood, marketable and Insurable fee simple title to the Property, free and dear of all lens, encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances of necard which will be dWmrpd at Closing). ILL13 Additional Warrantles and Re;jrasentatlons of SEU.ER. As a materbi Inducement to PURCHASER enteft Into this Agreernen4 SELLEk to the best of SMIEWS Informationand belief,hereby represerbandwarrantsthe followl rog: M13.1 Them are no perWlng applicst Permits,petitions, contrac% approvals, or other proceedings with any governmental or quesi-govemmental authority, Including but not limited to, PURCHASER, munidpolitles, counW% districts, utilities, and/or federal or stem agencies,concoming the use or operation of, or title to the Propeft or any pardon thereof and SELM has riot Wanted or Is not obligated to gmnt any loterea in the Propertyto any of the foregoing entities. =112 IMre are rw facts belleved by SELLER to be material to the use, condition and operation of the Property In the mannerthat I hasbeen used oroperated,which it has not disclosed to PURCHASER hereirk Including but not limited to unnumded instruments or defects in the condition of the Prop"which will Impairthe use or operation of the Property in any manner. 11.13.9 The Property and the use and operation thereof are In compliance with all applicable countV and governmental laws,ordinances,regulations,licenses,permits and authorizations, tniL without Urnitation, applicable zoning and anWrorunental laws and regulations. 12 Ou"LL. 11L P-9BQl&jRrjj2jfwL in the event that this;transuction fallsto class due to a wrongful refusal to close or default on the part of PUROIASER,subjectto the provisionsof Paragraph 17.3 below, the Depask actually then being hold by the Escrow Agent shall be paid by Emm Agent to SELLER as agreed liquidated damages aAd,thereafter,neither PURCHASER nor SELLER shall have any turdwrigotion or liabilities under this Agreement exceptfortimme expressiV provided to survive the termination of this AgmemerM provicled, however, that PURCHASER shall also be responsible for the, removal of any lens awertod spinatthe Property by persons claiming b% through or under PURCHASER, but nototherwise. PURCHASER and SELLER acknowledge that 6 PURCHRSER clefoults, SELLER will wffer clansalies in an amount which cannot be ascertained with reasonable certainar on the Effective Date and that the amount of the Deposit beft hold by Estrow Agent most closely approximates the amount necessary to compensate SELLER. PURCHASER and SELLER agree, that this Is a bona Me liquWated da provIslon and not a pens W or forfeiture provision. omen" PURCHASEWS Initials: saws Inft 'V"77�ZL Purchase and Sale Agreement Page U of 17 2 Seller's Default., In the event that SELLER shag fail to fully and timely perform any of its 0 i tions or covenants hereunder or Wany of SELLERS represenbdens are untrue or Inacrursta, then, notwithstanding anything to the contraryin In this Agreemen% PURCHASER , at opt n: (1)declare SELLER In default under this Agreement by notice delivered to SELLER, In which event PURCHASER MAreemwt and demand that the Deposit be mtun*4Including all Interest thereon 9 any, In aoxwonce with S#cdon 3 and neither Party shad have any further rights hereunder, or (2) seek spuft performance ofthis Agreementwithout waiving any action fords s. 12.3. figft f g&116 Prbr to declarIng a default and a in remedles described herein, the non-defoulting Party shell Issue a notice of default to the defaulting Party describIrW the event or condition of default In suffident dotal to enable,, a reasonablen to determine the action necessary to cum the defaulL The defaulting Party shell have tan( )days from delivery of the notice during which the defoult.provided, hmmmr,that as to a falturere period shall only be t (3)business days from the delivery of notice. Both parties agme, that if an extension Is requested as a result of a default,such extension shall not be unreasonably withheld provided that In no event shall the Closing r 31, 2121.If the ddmlt has not been cured within the oforessid period,the non-debultIng,Pa rty may exercise the rernedles described above. 4,. S5!ugv1vaL The provisions of this n shall s the termination of this Agreement. NOTICES.13. � AN notices required In this me+nt must be In wrfflng and be considered d when received by cartiftedp, return receipt requested, or personal delivery to the following addresses-, If to Selbr Christian Macovisk Oyer-Macovisk Insurance SU East Ocean Avenue Boynton Beach,FL 33435 With a copy to. Harvey E.Oyerill Shutts& Bowen,LLP Sulte 1 o, Blvd, st Palm Beach,FL 33401 If to Purchaser: Thuy Shutt,Executive Director Boynton Beach Communitylop ntA e E.Chman Avenue,Alth Floor Boynton Beach,FL MOS assnaw PU 's IIt lsa SELLEWs InR b ;- r Purchase and Sale nt Page 12 of 1 WithKenneth Docip Lawls,Longman al r, P S.Rosemary Avenue Suite West Palm Beach,FL 33401 BINDINGOBUGA11ON/ASSIGNMENT. The term and coriftons of this Agreement am hereby rne& binding on, and shall Inure benefit of the succassors and permitted s of the Parties s . SELLER may not n ft Interest in this Agreement priorwMout the written consent of PUROASER,which all na be unreasoneW withheld, PURCHASER l have the right to assign thill Ag.mement to the City of Boynton Beach 'City") without e prior consent of SELLER and the PURCHASERshall be released f any further obligations and lkbllfts under this Agreement. The PURCHASER not a . n this Agreement to any other party without thep ` n , prioval of SELM, which shall not unreasonably wilthheld. If PURCHASER n dissolved as an antky while this Agreement andlor the attached Lem Agmernent are In effect,the provklonsof s :Q,FlorWa Statutes,(as It may be amended from time time),shimill apply. BROKER__....-FEM The SELLER and PURCHASER hereby state dM they have not dealt wIth a real estate broker In n n men and are not liable for a _ les commbsion.SELLER and PURCHASERre lly Indemnify, defiand and hold harmless each other from anclegaInstanV and all clailms, loms, damages, costs or expenses (including, without 111mlUtion, attorneys fees) of any kind arbIng out of or resuldft from any agreemerg,arrangement or understerwhii alleged to have been made with y broker or finder claiming through the Indernnifft party in connection with this Agreement. The proftiom of this Section shall survIve Closing or torminattlon of this Agreement. la L For purposes of this Agreement, polutent("Pollutant") shall mean any hazandcus or Uak substance, materiaL or waste of any kind or any contaminant, pollutant, petroleum, petroleum product or petroleum by-product, as defined or regulated environmental laws. Disposal ("Disposal") it mean the a storage, use, handflng, discharge,or disposal of such Pollutants.Environmental laws(*Environmental taws")shall mean any appillcable federal, state, or local laws, statutes, ordinances, s, regulations r goviernmental s lona. Li As a materialIn nt to PURCHASER Into this Agreement, SELLER hereby warrants and represents ft fol i applicable: (1) That SELLER and occupants of the Property obtalnecland are in full compliance with any and all permits rege rding the Dbposal of Pollutants on the Property or contigum property owned by SELIM,to the best of SE R'S knowledge. aim ens PURCMASERs I is° SMIWs In b: Purchase and Sale Agreement Page 13 of 17 (2) SELLER is not aware nor does it h notice of any post,present or future events,conditions, actIvItles or practices which may give rise any flablifty or form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant on the Property. SELLER is t aware nor doesit have any notice of any post,press nt orfuture events, conditio-ris,activities or practices on ous pcopertythat is owned bVSELLER wh Ich may give rke to any liability or form a basis for any claim,demand,am or action relatingI of any Pollutantaffeding.theSELLER'S property. (8) There is no clvk crImInal or adnflnistrative action, suit, claim, demand,,Investilliation or notice of vMdbn pending or,to the best of that entitys knowle threatened agai t SELLER or the Property relating In anyway to the Disposal of Pollutants on the Property, portion thereof,oronany contiguous propertyawnedby 17. PUBLIC It R . PURCHASER is a public agency subject to Chapter 229, Florida Statutes. The SELLER Is hereby notified that the PURCHASER u y low, pursuant to Chapter U9,to maintain aupon request all records deemed publicu statute Including is Agreement and some or all of the documents necessary to consummate transaction t forth herein.To the extent that any litiption should be Instituted elthierd or as a third party,trip ntor prohibitPurchaser fromd or providling documentsInvolvingthis Agreementorthe transaction setfoirthIn the Agreement pursuanttoa public records requestsubmittedunderChWerM,SELLS asireas thatPU either: 1) defend the dakn up to and Including final judgment, or 2) Interplead the challenged documents Into the rt. In either event, SEM agrees PURCHASERs reasonable feesandcaM bothtrial ancl appellate. Ia 1. I This Agreement,and any amendment hereto,may be executed In any number of counterparts,each of which shall an original and all of which shat together, coratitute one and the same Instrument. n and paragraph aings herein contained are for the purposm of identification aniv and shall not be considered In construlng this Agreement. Reference to a Secdon shall he deemeda reference to the entire Section, unless ativerwisespecified. No modification or amendment is Agreement shall be of any force or effiact unless in writing executed by the Parties. This Agrearrent sets forth entire agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandhp understandand e , 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 Judeftlon of any k1gatlon brought arisIng out of this Agreement shall be In the Fifteenth Judicial Circuft,In and r Palm Beach County, Florida, or, should any cause of actk>n be limited to federal ju n only,In the United States District Courtforthe Southern District of Florida. don of TimV Any reference herein to time periods which are not measured In businessdays shall mean calendar days. Any time period providled for In this ams PURCHASERs In Is• s In Purchase and Sale Affeement Page 14 of 17 Agres me nt which ends on a _toSunday or legal holiday shall extend to 5.00 p.m.on the next fuH business day. Time Is of the 9ssence In the performaromof all obligations under this Agreement. & r, Neither the failure of a party to Insist upon a sWct performance of any of the terms, provisions, covenants6 agreementsand 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 r,shah be deemed a waiverof otherany rights or remedies that a party may have or a waiver of any subsequent brea or default In any of such e n ,agreements or canciftris. 7hIs paragraph shall survive termineWn of this Agreement andClosing. M. n of A&MgmsaL The Parties to this Agreement through counsel, have partkfpsted freely In the negotiation and preparation hereof. Neither this Agreement any amendment hereto shall be m against any of the Parties. As used In this AreemeM or any amendment hereto,the mascullneshall Include the ferninhe, the singular shall Iplural, and the plural shall Include the singular,as the context may require. Provisions of this Agreemente that they survive the Closing shall not merge,Into the Deed. S. . If any provision of this Agreement or the application thereof shot for anV reason and to any extent,be Invalld or unenforceable, r the remainclar of this Agreement nor theapplication of the provision to other persons,entities orcircumstances shall be affected thereby,but Instead shall be enforced extent permIttied by provisionslow.7he of this Section shall apply to any amendmentof this Agreement. M6 Handwritten_,.Provisions. n provisions Inserted In this Agreement and initialed R and SELLER shall control all printed provisions in confkt JL&7 MhmE of June Idli. an Inducement to PURCHASER agreeing to enter Into is Agreement, PURCHASER and hereby jury In any action or p u ht by either party against the other party pertainIngto any matter whatsoever wising out of or In any way connected with this Agreement. 140evs JEp W&=. Should It be necessary to bring an action to enforce any of the provislansof this Agreement,reasonable r 'fees and cam,lncWng those at theappellate level,shall be awardedto the prevallhil party unlessotherwiseprovidedIn this Agreement and subject to the limitation of sovereign Immunity as provided wMin Section Florlde Sfttutes. i ina -_t _arty hereby represents and warrants to the other that each person oxeckMng this Agreement on behalf of the PURCHASER and SELLER has on."ina PURCHASErNInitials-, Purchase and Sale Agree ment Pop 15 of 17 h right and lawful authority to execute this Agreerrient and to bind and obipte the party for whom or on whose behalf he or she Is signing with respect to all provisions containedIn this Agreement. This Agreement may not be recorded M the Public Records of Palm a ,Florida:without t approvW of both parties. connants, warranties, representations, Indemnities and undertakkV of SEU.ER and PURCHASER that giedlIcally surilve Clwft as set forth in this Agreement,shall survive the C6zing, 5 's AttorneW Foos and Costs.SELLER acknowledges and a es that SEILM shall be responsible for its own fees and al costs, if any,Incurred by SELLER in connection with the transaction contemplaiedAgree rnent. 1&13 JM2i u ILV.NothIrS In this Agreement shall be deemed tn affect the right% Privileges, and sovereign # s of the PURCHASER, in t forth In Section e Statutes. 11 REPRESENTATIONS COVEIVAN73 AND WARRANTIESF-'PURCHASER._ To Induce SELLER to enter Into this AffreeMent, PURCHASER ices the following representations,all of which, to the best of Its k e,In all maerial respects and except as othemde Provlcled in this Agreement(i)are now true,and(IQ shall be true as of the date of the Closing a (IM II survive the Closing. • ,., ._ftd and In GoW Standind;,. PURCHASER was valkily created under all applicablestate la s, Is In under all-applicable statia laws as of Mective Daft of this AgreameM and ti 91 be in good standingunder all appikable state laws as of the Closing . 2 The execution and delivery of this Agreement by PURCHASER and the tion by PURCHASER of the transaction mpla d by this Asreement are within PURCHASERS lewfu# capacky and all requitka action has been taken to make this Agmement Valid and binding on PURCHASER In accordance,with its tarms.The person executing this Agreement on behalf of PURCHASER n authorized to act on behalf of and to bind PURCHASER, d this Agreernentrepresentsa,valid and binding oblIgation obligationof PURCHASER, 211 a e -Is -ffigL ZMCIFICALLY SET FORTH HINCEIN, IT IS MWELTMD AND AGREEDT PURCHASER IS PURCHASING THE PROPEItTV •Y AIL FAULTS CON N. OTHER THAN THE =LW"S REMESENTA77ONS AND WARRANTIES SET FORTH RMUM, SELLER MAKES NO ONS O WARRANTIES AS TO THE CONSITION OF THE PROFERTY OR THE PROPEItry,S PURCHASER'SMESS FOR USEL PURCHASM SHOULD RELAY ON ITS OWN INVEMGATIONS AND INSPECTIONS DLqMG THE FEASIBILITY PMUOD. DIMM" PURCHASERs,Initials: SELLEWs Initlais: . Purduse and Sale Agreement Page 16 of 17 2L Qjqrjnsuranqe and Real Esta.ate IR kJAM PURCHASER and SELLER ockn4wled se and asme thet the existing painted wall sign on the east fagade of the WNS1East&4'an Avenue building has existed for over 60 years,Is one of the Icank business Images In the CJtV of Boynton Beach, possesses histork and cuturil v6a, and Is one of the lost remaining representations of the Ckys historic main street. As su4 PUR04ASER agrees to uie its best efforts to preserve the painted wall sign either In sku or to be relocated and utilized elsewhere In the vidnity pmwlded that ft cost of the preservation and relocation efforts do not exceed a nwimum of Twenty Thousand Dollars($2%WOAM. in the event 0M PURCHASER Is unable to preserve or relocate the wall sign as provided herein, PURCK45ER shall p notice,of sale to SMIER,who shall have (60 sbdy days within which to relocate the sign at its own expense and/or contribute oil mkIltional funding over$MOW to the CRA for the CRA to relccM the sign. Both parties adenowledge and agree t:hat the possiblity exists that the sign could be-damaged or destroyed during an attempted relocation. However, PURMASER shag use Its bestefforts, as provided herein, to preserve the wall sign and ensure that It remains wisible to the pubk date. IN WITNESS WHEREOF, s have executed this Agreement as of the Effective Amn" PURCHASERs Initials: SELLER's Initials: Purchase and Sale nt Page of 17 BOYNWN BEACH COMMUNITY P AGENCYPADEVELOPMENT Printed Name: Steven B.Gram Printed Name. '" air Date _ r� _�•.� WITNESS: WITNESS: Printed Name, r ESRC? GENi,. IJe�aw{w6 ~�8l Weld PJa►.�s..•_.��.��,.�ue• Printed Nome: f , Date: � t PURCHASE AND SALE AGREEMENT This Purchase and Sale Agreement (hereinafter "Agreement") is made and enteredinto s oft the Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT E CY, a public agency created ursua t to Chapter 163, Part III, oft e Florida Statutes (her inn er"PURCHASER,"') and 508 E BBB, LLC(hereinafter"SELLER"'). In consideration of the mutualcovenants and agreements herein set forth, the Parties hereto are as follows: 1. PURCHASE AND_,5 L / SELLER agrees t ll and convey to PURCHASER and PURCHASER agrees to purchase and acquire from SELLER, on the terms a conditions herei a er set forth, the Properties located at 508 E. Boynton Beach Boulevard, City of BoyntonBeach, in Palm Beach County, Florida (t "Properties")an ore 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, Poge 23, Public Records of Palma County, Florida. 2. PURCHASE PRICE Y T. The Purchase Price to be paid for the Property shall be Nine Hundred Fifteen Thousand a /100 Dollars ($915,000.00), ays I in cash, y wire transfer of United States Dollars at the Closing. 3. DEPOSIT. . arnest Money Deposit. Within five (5) Business Days after the execution f the Purchase Agreement by both parties, PURCHASER shall liver to Lewis, Longman Walker, PA ("Escrow Agent") a deposit in the amount of One Hundred Thousand an00/100 Dollars ($100,000.00)the "'Deposit"). 3.2. ApplicationZD!sbursement of Deposit. The Deposit shall be applied n disbursed s follows: Providing this Agreement is not terminated by either party pursuant to the terms set fort herein, Fifty Thousand ollars ($50,000.00) shall be released to SELLER sixty ( ) days from the expiration of the Feasibility Period (hereinafter defined). The remaining sits ail be delivered to SELLER at Closing and the PURCHASER shall receive credit for the full Deposit ($100,000.00) against a Purchase Price. If this Agreement is terminated dsari h Feasibility Period (hereinafter eine ) for any reason, the Deposit shall be immediately reun e to the PURCHASER. If this Agreement is terminated e to a default, pursuant to Section 12, the PURCHASER' Initials: > SELL 's Initials: 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 Aent. 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 �� SELLER's Initials omoaasa-i Purchase and Sale Agreement Page 3 of 15 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 inthe testing and investigation ofthe Property; (ii) tote extent practicable, shall repair and restore any damage caused to the Property by ASE 's testing and investigation; and (Iii) release to SELLER, at no cost, all reports and they or generated as a result of the PURCHASER's testing and investigation. PURCHASER hereby agrees to indemnify and of 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 ofthe Property. However, PURCHASE R'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 of PURCHASER harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorneys fees, for nonpayment for services rendered to SELLER or for damage to persons or property (subject tote 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 oft is Agreement. 7Aa 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 ofthe 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 tot condition of title (hereinafter "Title Objections"). if PURCHASER falls to deliver the Title Objections to SELLER within the aforesaid review period,titles all 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 (11) 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 "ef 7 PUJ RCHASE R's Initials: T---7 LL 's Initials: 0070"98-1 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 SELLER's Initials:dm OD7O"98-1 -^"..... � 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 Praperty. 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. PendingProceedings. 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. 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 noxwA� . SELLER's Initials UD7D4498-1 " Purchase and Sale Agreement Page 6 of 3.5 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: - SELLER's Initials: . 00704496-1 Y 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. 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,Mort a es 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: 4� „ SELLER's Initials: ' OD704498-1 - '° 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 SELLER's Initials: . N, DD7D4498-1 a„, 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 Re resentations 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: 69704498-1 SELLER's Initials: 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:' 0070449&1 Purchase and Sale Agreement Page 11 of 15 If to Seller: Bradley Miller 508 E , LC 508 E. Boynton each Boulevard Boynton Beach, FL 33435 With a copy to: Alan J. Ci lin, Esq. CIKLIN LUBITZ Northbridge Tower 1, 20th Floor 515 N. Fla ler 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 each, FL 33435 With a copy to: Kenneth Dodge Lewis, Longman &Walker, PA 515 North Fla ler Drive Suite 1500 West Palm each, FL 33401 14. BINDING OBLIQ ATIOWA55IGN M ENT. 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, is 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;e� SELLER's Initials: 77�, e, M704498-1 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 Initials SELLER's Initials., 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 Initials''",. " 0070449B-1 LO Purchase and Sale Agreement Page 14 of 15 Closing shall not merge into the heed. 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' Feesand 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. PURCHASER's Initialsi, SELLER's Initials: 00704498-1 ,µ f 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 Y w.k Printed Name: Steven B. Grant Printed Name: $` e A ` I Title: Chair Title: Date: , z�� Date: �. p WIIESS: WITNESS: .1 " / — .. ..,n4,j t Printed Name €',,, ,:,,' `� � r°` i r Printed Name: f Approved As To Form: Lewis, Longman Walker, P.A. , ` ! Printed Nage: I � i - Date: , , r PURCHASER's Initials:(-P, SELLER's Initials: EXHIBIT"B" 1 AFFILIATED n,. -DEVELOPMENT October 5,2021 Boynton Beach Community Redevelopment Agency ATTN: Ms.Thuy Shutt,Director 100 East Ocean Avenue,4*h Floor Boynton Beach,FL 33435 COPY TO: City of Boynton Beach ATTN: Ms.Lori LaVerriere 100 East Ocean Avenue,4th Floor Boynton Beach,FL 33435 RE: Letter Of Intent to purchase the Project Parking Garage and enter into a Purchase and Sale Agreement,as further defined below Ms.Shutt&Ms.LaVerriere: We are pleased to present the following Letter of Intent("LOI") to outline certain basic terms under which Seller agrees to construct and sell the Project Parking Garage to Buyer,and Buyer proposes to purchase the Project Parking Garage from Seller(hereinafter defined). The Tex ms and Conditions are as follows: 1. PROPERTY: Two parcels that will be combined and parceled separate from the Project. a. Parcel 2: i. Physical Address: NE 4*h St.,Boynton Beach,FL ii. Parcel#: 08434528030010080 b. Parcel 3: i. Physical Address: NE 1st Ave.,Boynton Beach,FL ii. Parcel#: 08434528030010100 2. PARKING GARAGE: A stand-alone parking garage structure containing approximately 573 parking spaces located on the Property and containing approximately ISO parking spaces dedicated to the public,approximately 326 spaces for apartment tenants,and approximately 247 parking spaces for commercial tenants. Parking Garage shall be consistent with the attached parking plans shown in Exhibit A,which may be modified in order to obtain Approvals. 3. P O ECT: The Tenant is constructing a mixed-use project containing a mixed-income workforce housing rental apartment building,restaurant and retail space,office space,and the Parking Garage,per the preliminary site plan shown in Exhibit B,which shall be adjusted as may be necessary in order to finalize land use approvals. 4. BASE BUILDING IMPROVEMENTS: Seller shall construct the Parking Garage pursuant to Approvals. Parking Garage shall be a concrete structure with sloped parking on the ramps to connect each floor of parking. The bottom floors will be used for public parking and parking for the Project's commercial tenants,while the upper floors will be used exclusively by the Project's apartment tenants. 5. ER: BB QOZ,LLC,or another entity managed by Affiliated Development principals,Jeff Burns and Nick Rojo,as approved by Seller. 1 Buyer- Seller ._ / AFFILIATED /A,=\-\-- — DEVELOPMENT 6. BUYER: Boynton Beach CRA and/or City of Boynton Beach. 7. PURCHASE PRICE: $10,314,000 subject to customary adjustments,fee simple interest free from all liens,encumbrances and judgments. 8. PURCHASE&SALE AGREEMENT: Within 90 days following the execution of this LOI,Buyer and Seller will execute a Purchase&Sale Agreement consistent with the terms and conditions contained herein. 9. CLOSING MATERIALS: Upon completion of the Base Building Improvements,as evidenced by a temporary certificate of occupancy,Seller shall deliver to Buyer all existing material documents in its possession relating to the Property,including,without limitation:(i)any and all reports regarding the presence of Hazardous Materials on or about the Property including environmental reports;(ii)Base Building Improvements plans and specifications; (iii)as-built survey;(iv)existing insurance policies; (v)information on liens and open permits,(vi)any and all contracts that may exist between Seller and a third party entity performing work on the Parking Garage for which Buyer shall assume.Seller shall grant Buyer the right to enter the Property to inspect the Base Building Improvements. 10. SURVEY: Seller shall provide Buyer with an as-built survey. 11. APPROVALS: Sale shall be subject to all required Approvals from the applicable authorities necessary to construct the Parking Garage on the Property,including but not limited to Land Use Approvals and a Master Building Permit. 12. ESCRflW DEPOSITS: Within 5 business days following the execution of the Purchase and Sale Agreement,Buyer shall deposit in escrow the sum of $100,000 to Kapp Morrison LLP (the"Escrow Agent"),which shall be credited towards the Purchase Price at Closing. Escrow Deposit shall be nonrefundable at the time the Seller obtains all necessary Approvals on the Parking Garage. 13. TITLE INSURANCE: Buyer shall procure a title report or commitment("Title Report")for the Property from Fidelity National Title Insurance Company(the"Title Company")together with copies of all underlying documents of record referenced therein. Seller shall provide prior owners policy if in possession of same. The Seller shall parcel the Property in order to be owned separate from ownership in the Project. 14. CLOSING: Closing of the Property shall occur within 15 days following the date Seller notified Buyer in writing(along with supporting documentation)that a temporary certificate of occupancy has been issued for the Parking Garage, 15. COSTS: Buyer shall pay for the cost of the owner's policy premium,search and exam fees, and deed recording fees. Seller shall pay the costs of any and all transfer or documentary taxes and/or fees and escrow fees. Parties acknowledge there are no brokerage or sales commissions due relating to the sale of the Property. 16. GARAGE LEASE: Parties acknowledge that the sale is contingent upon the Parties entering into a separate parking lease agreement,which will be executed simultaneously with the Purchase and Sale Agreement. The Buyer and Seller should also agree to separate terms and conditions by which Buyer agrees to rent parking spaces for Seller's restaurant,retail and office tenants. Buyer,,,, Seller AFFILIATED_ //At,=\r-\--_ DEmVEL0PMENT 17. FORCE MA}EURE: Neither Party shall be held liable or responsible to the other Party nor be deemed to have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any term of this Agreement to the extent and for so long as such failure or delay is caused by or results from causes beyond the reasonable control of the affected Party, including but not limited to fire,floods,embargoes,war,acts of war(whether war be declared or not),acts of terrorism,pandemics,insurrections,riots,civil commotions,strikes, lockouts or other labor disturbances, acts of God or acts, omissions or delays in acting by any governmental authority,or the other Party. Events of Force Majeure shall extend the period for the performance of the obligations for a period equal to the period(s)of any such delay(s). 18. AUTHORITY: Both Parties represent that the execution and delivery of the LOI and Agreement and the consummation of the transactions contemplated hereby do not and will not(i)violate or conflict with the organizational documents of Buyer or Seller; (ii)breach the provisions of,or constitute a default under,any contract,agreement,instrument or obligation to which Buyer or Seller is a party or by which Buyer or Seller bound;and(iii) require the consent or approval of any other third party. The Parties executing the Agreement are authorized by their respective organizational documents to enter into the Agreement and bind each Party to the terms hereof. It is understood by both Parties that this LOI is non-binding and is simply an indication of the current terms and conditions under which the Buyer is willing to go forward with purchasing said Property. Notwithstanding the foregoing,at the time the Buyer is selected by Seller pursuant to the RFP/RFQ the Parties may negotiate and revise this LOI,and any exhibits,as necessary in order to reach agreed upon Terms. Parties agree to work in good faith to finalize and execute the Purchase and Sale Agreement under the same terms and conditions contained within the final executed LOI. This LOI may be executed in one or more counterparts,each of which shall be deemed an original,but all of which will be deemed one instrument. Parties may execute this LOI and transmit same by facsimile or email,and in such event,agree that acceptance by facsimile or by email shall be treated in the same fashion as an original signature. The Effective Date of this LOI shall be on the later of the dates as executed by both Parties below. (SIGNATURE PAGE TO FOLLOW) Buyer,?f f r Seller AFFILIATED DEVELOPMENT By signing below Parties agree to the terms and conditions contained herein. AGREED TO AND ACCEPTED: AGREED TO AND ACCEPTED: BUYER:BB QOZ,LLC, SELLER:Boynton Beach CRA DATE ,__, 1 _.. DATE: BY: a. BY: NAME:J � NAME: Steven B.Grant �4j TITLE:Manager TITLE:Mayor and Chair Q Buyer_.4,. . Seller_...... EXHIBIT"A" PARKING PLAINS 1 m m d � O o ..a m m t p N -- - --------- -- - co n b gg��jj 1 � _ 5 L^ { 111 n e I z , 0vm bl .nL+..ara e��.wo aac s.,�m.,ro.oE ff...or Tis.w.moar:„iomzvoe.,c vu+z x,o srmnvmxz won.wm mz nmo,a.�o woe axm eornw,�u.. ME.�.az�.z wz..oowo,wz..oe.�,i.m o.„c iwi wo,owm um cwmm wz riawn swizz �} n 9 f' MSA ARCHTECTs INC. AAO- L�OMSA THE PIERCE E AFFILIATED DVLOPME ARCHITECTSNTN m v%, " LOCATED AT. e BOYNTON BEACH, FLORIDA ` ARCHITECTURE&PLANNING y '��) , mE.��-� aoe��o..W��o��m�s�P�a Eo��„moo=m.,mm.��✓�^E��e�r,�E,�e«..��"a�wo.�A�,�,�E wg��.TME,�wR�.. I � EXHIBIT"B" PRELIMINARY SITE PLANS 2 I OCEAN BOULEVARD Al M t „yf3tt3 ' , r m ' fill Tt ) \ i ,, t i* fn @ — + r t ' t a tt �{3i 1�r1'1if S m u t1S1l0 +3� t Or } - r, f }: NE 1ST AVENUE fi iT 15 rn t " 3rOw ^ I. _ �z _ � 9, 7 C X D E y) m L r v Al mid 3 f z f G 3 + f Izx M,WN& w v u U � o ;tt Sn, 4 r 1444 FY 1 i ' 4+ 4 I _ ql�w S bS t 5 a13kti3s tS1\tSs:< ?ssse p ' �c� 6� 39t4?9ii`I I zs% a r � > PR A S:j._. p ,kC�, - nlif MSA , y g MSA Awcwnec s,INC. P THE PIERCE AFFILIATED"DEVELOPMENT UPMENT l9ARCHITECTS11 BOWNTON BEACH, FLORIDA � I AR HITECTURE&PLANNING EXHIBIT"C" 2 AFFILIATED . D E V E L 0 P M E N T October 5,2021 Boynton Beach Community Redevelopment Agency ATTN. Ms.Thuy Shutt,Director 100 East Ocean Avenue,4h Floor Boynton Beach,FL 33435 COPY TO: City of Boynton Beach ATTN: Ms.Lori LaVerriere 100 East Ocean Avenue,4u'Floor Boynton Beach,FL 33435 RE: Letter Of Intent to enter into a Lease Agreement,as further defined below Ms.Shutt&Ms.LaVerriere: We are pleased to present the following Letter of Intent("LOI")to outline certain basic terms under which Affiliated Development proposes to lease parking spaces in a Parking Garage(hereinafter defined). The Terms and Conditions areas follows: 1. PARKING GARAGE. A stand-alone parking garage structure containing approximately 573 parking spaces,as constructed by Tenant(or Tenant's affiliate)as part of the Project,as further defined herein,and located at the intersection of NE 1�l Avenue(to the south)and NE 4*h Street(to the west)in Boynton Beach,Florida. The Parking Garage will contain approximately 150 parking spaces dedicated to the public. Z. O ECT: The Tenant is constructing a mixed-use project containing a mixed-income workforce housing rental apartment building,restaurant and retail space,office space,and the Parking Garage,per the preliminary site plan shown in ExibitA,which shall be adjusted as may be necessary in order to finalize land use approvals. 3. LANDLO Boynton Beach CRA and/or the City of Boynton Beach. 4. TENANT: BB QOZ,LLC,or another entity managed by Affiliated Development principals,Jeff Burns and Nick Rojo. 5. AGREEMENT: Within 90 days following the execution of this LOI,Landlord and Tenant will execute a lease agreement(the"Agreement")consistent with the terms and conditions contained herein. 6. SUBTENANTS: Tenant shall be permitted to enter into sublease agreements with residents of the Project's apartment building. Subtenants shall have the ability to access the Demised Premises provided Subtenants adhere to the Rules and Regulations contained in the Agreement. 7. BASE BUILDING IMPROVEMENTS: Concrete structure with sloped parking on the ramps to connect each floor of parking. The bottom floors will be used for public parking and parking for the Project's commercial tenants,while the upper floors will be used exclusively for Tenant's Permitted Use and separated by a metal lift/swing gate in order to provide Subtenants secure access to the Demised Premises. 1 Buyer;___ Seller, / AFFILIATED A=\--\-, DEVELOPMENT 8. DEMISED PREMISES:Landlord hereby agrees to lease to Tenant,and Tenant hereby agrees to lease from Landlord approximately 326 parking spaces on the top floors of the Parking Garage,as more further defined in Exhibit B. 9. PERMITTED USE:Tenant,and it's Subtenants,may use the Demised Premises and Parking Garage for purposes of providing permanent resident and temporary guest parking for Subtenants'passenger vehicles and consistent with the Rules and Regulations. 10. TERM: 50 years with one 50-year option. 11. BASE RENT: $191500 per month. 12. BASE RENT INCREASES: 1.5%per year. 13. ADDITIONAL RENT: Tenant's pro rata share of garage operating expenses including(but not limited to):security,elevator systems,cleaning,utilities,maintenance and repairs,pest control,fire safety systems,insurance,supplies,landscaping,and signage. Notwithstanding the foregoing,Additional Rent shall be in an amount not to exceed 7%of Base Rent. Additional Rent shall exclude any costs and expense solely and directly unrelated to Tenant Use. 14. POSSESSION DATE: Tenant,and Subtenants,shall have the ability to access the Parking Garage and Demised Premises for their Permitted Use anytime after a temporary certificate of occupancy is issued for the Parking Garage, 15. RENT COMMENCEMENT DATE: The date on which the Tenant receives a certificate of occupancy allowing all residential units and ancillary common areas within the Project's residential apartment building to be occupied by Subtenants,or earlier at the election of the Tenant,provided a Possession Date has been achieved. 16. RULES AND REGULATIONS: Tenant,and Subtenants,shall agree to use the Parking Garage and Demised Premises in a safe and lawful manner,which shall be in accordance with rules and regulations that mutually agreeable to the Parties in the Agreement. 17. INSURANCE:, Tenant shall,at its cost,procure and maintain and keep in force at all times General Liability Insurance with limits agreed to amongst the Parties. 18. EQRCE MA EURE: Neither Party shall be held liable or responsible to the other Party nor be deemed to have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any term of this Agreement to the extent and for so long as such failure or delay is caused by or results from causes beyond the reasonable control of the affected Party, including but not limited to fire,floods,embargoes,war,acts of war(whether war be declared or not),acts of terrorism,pandemics,insurrections,riots,civil commotions, strikes,lockouts or other labor disturbances, acts of God or acts, omissions or delays in acting by any governmental authority,or the other Parry. Events of Force Majeure shall extend the period for the performance of the obligations for a period equal to the period(s)of any such delay(s). 19. MANAGEMENT: Management of the Parking Garage shall be by an independent third party management company agreed to amongst the Parties. Buyer C"' Seller UATED DEVELOPMENT 20. AUTHORITY: Both Parties represent that the execution and delivery of the LOI and Agreement and the consummation of the transactions contemplated hereby do not and will not(i)violate or conflict with the organizational documents of Landlord or Tenant; (ii) breach the provisions of,or constitute a default under,any contract,agreement,instrument or obligation to which Landlord or Tenant is a party or by which Landlord and Tenant bound;and(iii)require the consent or approval of any other third party. The Parties executing the Agreement are authorized by their respective organizational documents to enter into the Agreement and bind each Party to the terms hereof, It is understood by both Parties that this LOI is non-binding and is simply an indication of the current terms and conditions under which the Tenant is willing to go forward with leasing the Demised Premises. Notwithstanding the foregoing,at the time the Tenant is selected by Boynton Beach CRA pursuant to the RFP/RFQ,the Parties may negotiate and revise this LOI,and any exhibits,as necessary in order to reach agreed upon Terms. Parties agree to work in good faith to finalize and execute the Agreement under the same terms and conditions contained herein. This LOI may be executed in one or more counterparts,each of which shall be deemed an original,but all of which will be deemed one instrument. Parties may execute this LOI and transmit same by facsimile or email, and in such event,agree that acceptance by facsimile or by email shall be treated in the same fashion as an original signature. The Effective Date of this LOI shall be on the later of the dates as executed by both Parties below. (SIGNATURE PACE TO FOLLOW) 3 Buyer_~ F Seller_......_.-_._.... ....._.. AFFILIATED D E V E L O P M E N T By signing below Parties agree to the terms and conditions contained herein. AGREED TO AND ACCEPTED: AGREED TO AND ACCEPTED: TENANT:BB QOZ,LLC, LANDLORD:Boynton Beach CRA and/or City of Boynton Beach DATE: ` 1 ,' DATE: BY: L... 1 BY: __ ............ ....-.n..._.....,.._..v.._..�.._........... ...__._._... NAM7E:11 Burr s NAME: Steven B.Grant TITLE:Manager TITLE:Mayor and Chair r 4 Buyers. ._.. EXHIBIT"A" PRELIMINARY SITE PLANS 2 ,tV'1 am ry — — � 11411 1 OCEAN BOULEVARD 1 �3f YO CID u I 1 Siiy �, , (�r� 31;5� m fi,r} DST{��t { sy fit jt' t t, m n i rw a NE 1ST AVENUE � `tom NF cXi O0D �i �' \ m { 1 a V4'm �� ,I 411 th„ t ctrl;' s w;. # tttti s.,. I aTMeA .ic y� y y # J"ga tA ! el �L A t, � F� 1. _ �`•� ,4, 4A, I i as i'm u i# .� § �U! {} 7't, ,tss { t( }u �( w t iur, cI St `stfr� �, o l ® C" " - , -sE m Ia ,'" MSA MSA AR IIECTs INC THE PIERCE a maa�mw. PS FM�^ rc AFFILIATED DEVELOPMENT ARCHITECTS ®w`Flaa s5ad! LOCATED AT: c a Haase: DOYNTON BEACH,FLORIDA ARCHITECTURE&PLANNING �µ®�waw _. j EXHIBIT"B" PARKING PLANS 1 O m - m �A � � I __. � .,a•.;: � G ! >',,. a Y a e o ...a .. M r. LS z c. cn , m �i b ucxmm�emww moa nmuwr.m ra can rc TM..wairrcrs moxiawa,�sews.xo armrrno ^�'"E nm�a+exuwo .�E soar ni,oma.s mnxu.m�nff T PIERCE ~g' MSA ARCNITECIS IAC IZ �� THE PIERCE --.-n=--_ D �) S/ , AAC000695 FORg' N n rob A gn m sPARCHITECTS AFFILIATED DEVELOPMENT LOCATED Ar u BOYNTON BEACH, FLORIDA ARCHITECTURE&PLANNING - - ,� -- U-i O 4-1 _0 C) I Z dik 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 PrincipalOOwner: Please use a separate form for each princiaal/owner} As Principal/Owner of Proposer, I Nicholas Rojo (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: Affiliated Development Principal/Owner Name: Nicholas Rojo Date of Birth: 06/17/1982 Current Home Address: 528 Greenway Drive North Palm Beach, FL 33408 Previous Home Address: 307 Wildermere Rd West Palm Beach, FL 33401 Email:—NRojo@AffiliatedDevelopment.com phone #: 561-644-0853 Signature: Date: Print Name: Nicholas ojo —'/'PA.;4' I Page 21 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: LPlease use a separate form for each principal/owner) As Principal/Owner of Proposer, I Jeffrey R. Burns (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: Affiliated Development Principal/Owner Name: Jeffrey R. Burns Date of Birth: 04/13/1982 Current Home Address: 804 N Rio Vista Blvd Fort Lauderdale, FL 33301 Previous Home Address: 720 Ponce de Leon Dr Fort Lauderdale, FL 33316 Email: JBurns@Affiliated Development.comPhone#: 954-798-6030 Signature: --Date:,t 0 ffer # - Print Name: Jey urns Page 21 of 30 ATTACHMENT"D.2." AUTHORIZATION TO PERFORM CREDIT CHECK For Proposer(Business Entit 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): Affiliated Development (Developer: BB QOZ, LLC) Current Business Address: 613 NW 3rd Ave, Suite 104 Fort Lauderdale, FL 33311 Federal Tax ID# 82-3300420 (86-1545855) State of Incorporation:_ Florida Phone #: 954-953-6733 Fax#:,- Authorized Signature: Date: I b m Print Name: Jeffrey R. PuTitle: Manager Page 22 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. YY By: Print Na� Jeffrey R. Burns STATE OF FLORIDA COUNTY OF PAW-_SZXM� THE OREGGING INSTRUMENT was cknowledged before me this day of a a, 20�, by _ ., ,,, o who is personally known„to me or who has respectively produced as identification and did not take an t Notary Public: f Print Name: k "� Commission No: (Se I) , MICHELLE A RICE �pWY pU® M Commission Expires: ___ `.State of Florida-Notary Public Y P , wp Commission # GG 159518 MY Commission Expires November 13, 2021 Page 25 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 an °LafoWation in your possessi l regarding the business identified as "Proposer" below. . "^ �v By: _ Print Name: Nic as Rojo STATE OF FLORIDA COUNTY OF PALWS ASH THE FOREGOING INSTRUMENT was acknowledged before me this day of 20-211 by .- who is personally, known to me or who has respectively pro ced as identification and did not take an oath. .. Notary Public: Print Name: - MICHELLE A RICE Commission No: (Seal) state of Florida-Notary Public Commission # GG 159518 My Commission Expires: My Commission Expires November 13, 2021 Page 25 of 30 co - LUU LL DEVELOPMENT October 15, 2021 Boynton Beach Community Redevelopment Agency ATTN: Ms.Thuy Shutt, Director 100 East Ocean Avenue,4th Floor Boynton Beach, FL 33435 RE: Written Statement on legal action involving the Proposer Ms. Shutt: I am writing this letter to inform you that Affiliated Development, BB QOZ, LLC,or any related entities or subsidiaries thereof,have not been named in any current or past civil or criminal legal actions. Sincerely w,w 4 Nicholas Rt Manager, BB QOZ, LLC D - uj 4-j W LL U- > E 4-j m 4-j U) tu ;;' ",. D E V E LO P M E N T October 15,2021 Boynton Beach Community Redevelopment Agency ATTN: Ms.Thuy Shutt, Director 100 East Ocean Avenue,41h Floor Boynton Beach, FL 33435 RE: Written Statement on outstanding financial obligations of Proposer Ms.Shutt: I am writing this letter to inform you that Affiliated Development, BB QOZ, LLC,or any related entities or subsidiaries thereof,are not in arrears on any taxes or financial obligations to the Boynton Beach CRA,the City of Boynton Beach or any other municipal or state entities. 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N c JCL a) C N LMU 4-J a) r_ (1) a) m N -0 ate- - w d CL bn bA Q > � � U Q o ~ N • O • N a--+ c6 .— O U ro Nro ° i N = U O ca O N 1 Q ate., 4 Q N ate-j >, O • cn i O — p 0 E p 'E Q Q U O N • Q ate--+ Q -0O N v O U E 1 i N cn �n ate--+ O O Q +� i +j U 'n v O N Q4-j ate--+ 1 , O +, 1 ate-+ Q � +' i • U +•+ O U �A N ca C 1 civ C Ln a) � _0 LU QwN � 1 N ca c i O cn vi oC N au CU cuU N i N U Q1 Q1 N +�-+ U f6 ate-+ N f6 X N O N N -0N O O c 00 -0 ° N mm 4-j}' +-+ cu — O O vi O Ln E E i� a- _0 cu , . N }' ca N (n U f6 O i U N N a� N J N �O > Q O O U N •N m x N m ateJ p m cn l0 D E U > L'7 ca a� o a �_ �_ �_ a �►r�' "' +., a-J — Q m 0_ 70 ) an O 2 0 ° � o o � � a O O ca +N-+ O >: N Q v Q Q Q U H 4-j Q U O 4-+ M ca H co - LUU E LL 0 LL. > UK cc: 0 4 Lp COD) cc: 44-1 coo Pik ATTACHMENT"E" CITY OF BOYNTON BEACH PLANNING AND DEVELOPMENT DEPARTMENT FORM Proposer(s): Affiliated Development 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 IX BBCRA-owned Parcels 508 E. Boynton Beach Boulevard 08434528030010060 NE 11t Avenue 08434528030010100 NE 4t'Street 08434528030010080 115 N. Federal Highway 08434528030060010 ❑ #1 510 E. Boynton Beach Boulevard (Ace) 08434528030010030 ❑ #2 217 N. Federal Highway(S&F Properties) 08434528030010010 ❑ #3 209 N. Federal Highway(Camalier) 08434528030010121 X #4 101 N. Federal Highway(Rajas Family Investments, Inc.) 08434528030060130 X #5 500 Ocean Properties, LLC(Oyer) 511 E. Ocean Avenue 08434528030060100 515 E.Ocean Avenue 08434528030060111 529 E.Ocean Avenue 08434528030060120 General Summary of Proposed Mixed Use Development (check all applicable): K Approximate Gross Area of Non-residential/Commercial Uses 16,800 s.f. �J Approximate Total Number Market Rate Residential Units 118 Z Total#Rental Units 118 ❑ Total#For Sale/Condo Units. �I Approximate Total Number of Workforce Housing Units 118 ❑ Total#Rental Units 118 ❑ Total#For Sale/Condo Units_ ❑ Other Uses Approximate Overall Height 86 feet Approximate Number of Stories 8 Approximate Total Parking Spaces(including additional Public Parking Spaces) 601 Pre-development/Entitlement Applications(check all applicable): 0 Future Land Use Amendment ❑ Rezoning ❑ Conditional Use for 2 Site Plan Approval ❑ Replat rt - .� Other c � ,�c -/c c � � �Ie -7 �a 145 GCT 141: s City of Boynton Beirc Planning& Development Dept. 4 Staff Name/Signature: Date: /0 — Page 23 of 30 w LL w ^� W ^E W L ^cr^1 I.J. ^L W O �//1� VJ • • a ,a�AN i} y zi } Al as n Ul i iaa w �- x, i 1 i CL 1 i U A fo 1::}rrt i,,}i aii *rlt \ lr��'" ti i<il ililg int ti(S} �s + } 1y t, . Ytlli� }� s rt i r g i } iii k% v 11"A i< 2 } �t{)1PRM 2�'r t��l\)`�2 s V"llmi iKi i�`�t t r i ( f 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 08/27/2021 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: E-mail Authorised 5i nature Jeffrey Burns Print Name Manager Title 08/27/2021 Date Page 26 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 09/24/2021 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: E-Mail Authorized Si 'name,,:. �a Jeffrey Burns Print Name Manager Title 09/24/2021 Date Page 26 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 10/04/2021 No. 4❑ Yes ❑ No Date No. 5❑ Yes ❑ No Date RFP/RFQ INFORMATION WAS OBTAINED FROM: BBCRA Website `x Q Newspaper Ad ❑ City Hall ® Other, please specify: E-mail Autho ed ignature Jeffrey Burns Print Name Manager Title 10/05/2021 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;or transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months following the date of being placed on the convicted vendor list. As the person authorized to sign the Statement, I certify that proposer has not been placed on the convicted vendor list within the past 36 months and complies fully with the above requirements. Affiliated Development Proposer Name � Authrizei ature Jeffrey Burns Print Name Manager Title Date Page 27 of 30 ATTACHMENT"J" CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM I certify that Affiliated Development , 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:g � Date Name &Title (typed) Jeffrey Burns/ Manager Page 28 of 30 ATTACHMENT"K" CERTIFICATION OF NON-SCRUTINIZED COMPANY Affiliated Development , 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/RFa the BBCRA may disqualify the Proposal and/or terminate the Agreement. Affiliated Development Proposer Name By: Autf�briz-erpresentative of Proposer E�. Date: r STATE OF COUNTY OF SWORN TO and subcr'bed before me this day of N 20 ' b y nj V1qS--7' Such person (Notary Public must check applicable box): Kis pesonally known to me [ ] produced their current driver license [ ] produced as identification. (NOTARY PUBLIC SEAL) Notary Public (Printed, Typed or Stamped Name of Notary Public) { P�YwUe% MICHELLE A RICE State of Florida-Notary Public Commission # GG 159516 -,;rEo F°pr My Commission Expires ' %++ November 13, 2021 Page 29 of 30 U-i Lj- > C: a) E 0') 0 0 C: _Ile FL dh bF9"_-7- Im 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, Affiliated Development Name of Proposer Jeffrey R. Burns, Manager o Print Name and Title Authori ed ig ture "- , Date Page 30 of 30 BOYNTO immiBEACH C d CRA BOARD M EETING OF: April 12, 2022 NEW BUSINESS AGENDAITEM: 17.A. SUBJECT: Discussion and Consideration as to the Policy Status for the Terms of the Homebuyer Assistance Program Grant Agreements SUMMARY: This item is being brought before the CRA Board for discussion and direction on the terms of the CRA's Homebuyers Assistance Program (HAP)which was established in Fiscal Year 2005-2006 and continued through Fiscal Year 2009-2010. BACKGROUND OF PROGRAM In early 2006, CRA Staff drafted and presented to the CRA Board the Homebuyer Assistance Program (HAP) that would work in tandem with the City's State Housing Initiative Partnership (SHIP) program. The CRA funds were to provide gap funding between the mortgage amount and the City's SHIP funds. Combining the two funding sources, the CRA and City, would help to close the gap between what a family could afford and the price of housing. The CRA Board also reviewed and approved a shared equity return policy on the CRA investment. The CRA's share of the equity is proportionate to the amount of CRA funds invested in the home. The funds would then be reinvested into additional affordable housing units. The CRA's policy was adopted based on the City's shared equity policy. All CRA funds would be due at the time of sale. Consistently through the discussion of establishing the HAP program, the CRA Board emphasized the importance of protecting the funds for future use. Attachments I, 11 & I I I outline the CRA Boards approval of the general terms of the HAP grant outlined below: • HAP would work in tandem with the City's SHIP program, a down payment assistance program. The CRA funds would provide gap funding between the mortgage amount and the SHI P funds. • HAP was designed to assist people of low to moderate income who were short of money, $5K up to $50K, to buy a home within the CRA area. • If a homeowner sold to a non-income qualified buyer, they would have to pay back the money plus interest on the money from the time they received it. • If a homeowner sold to an income qualified buyer, the funds would stay with the property to close the affordability gap. • If a homeowner leased the house, the mortgage would become due and payable with interest. • CRA funding would not exceed 40% of the purchase price and the maximum amount of funding would be $50K. • Equity Sharing was approved; The program would have lower equity during the first five years and increase as the homeowner remained in the home. Based upon previous CRA Board direction, the terms of the HAP loans vary. Each grant should be reviewed on a case by case basis due to the changes in the program throughout its lifetime (Attachment IV). GRANT INFORMATION Since the inception of the program a total of thirty-five (35) grants were awarded totaling $1,689,172.31 in funding. Here is a breakdown of the status of the grants as of April 2022 (Attachment V): • 15 are active = $700,872.31 outstanding funding • 12 foreclosed = -$589,500.00 • 6 short sales = -$275,500 ($24,500 recouped) • 1 forgiven by CRA Board = -$48,000 • 1 grant repaid = $48,800 A total of $915,000.00 in funding has been lost due to foreclosure/short sales. All foreclosures/short sales (except for one — Andre Robinson) have occurred in the development known as The Preserve. Originally, The Preserve was a townhome ownership community which converted to rentals due to the change in demand of the real estate market. The Preserve also had several issues with Chinese drywall. This prompted owners at The Preserve to allow their properties to foreclose/short sale. GRANT WAIVERS The CRA Board has made significant changes to the terms and conditions of two HAP Recipients'Agreements as follows: LaSendra Hoggins-Wilson—Attachment VI • 2017 Allowance of rental of property Waived the equity share and capped it (under any scenario to no more than $47K, the original loan amount) upon sale of the property • 2018 Approved subordination of CRA Mortgage to allow for refinancing of the property • 2020 Waived repayment of the loan if the property was sold to an income qualified buyer Repayment of the loan reduced to $15K if the property was to a non-income qualified buyer Ian and Tosi Rigby-Attachment VI I • 2020 Waiver of fifty percent (50%)equity share upon sale of the home No interest charged on the loan if the property was sold to an income qualified buyer • 2022 Forgiveness of the loan in full ($50K) It has always been the intention of the program to follow the rules and regulations in collecting the funds back if the grant recipients/homeowners did not fulfill the terms of the agreement so that those funds could be used for future affordable housing assistance. Due to the waivers of the HAP grants stated above CRA Staff is requesting a review and discussion and CRA Board direction on the remaining fifteen (15) grants with a total value of$700,872.31. FISCAL IMPACT: To be determined by the Board CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: To be determined by the CRA Board ATTACHMENTS: Description D Attachment I -2.14.06 M inutes &Agenda Item Est. HAP D Attachment II -3.14.06 M inutes &Agenda Item Est. HAP D Attachment III -5.9.06 Minutes &Agenda Item Est. HAP D Attachment IV - Loan Term by Fiscal Year D Attachment V -Grant Tracking D Attachment VI - Hoggins HAP Amendments -CRAAgenda Cover D Attachment VII - Rigby HAP Amendments -CRAAgenda Cover& M inutes BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM ,4sy r i� BO 1JTON BEACH Requested CRA Date Final Materials Must be Requested CRA Date Final Materials Must be Turned into Meeting Dates Turned Meeting Dates CRA Office into CRA Office ❑ January 10,2006 December 27,2005(Noon.) ❑ July 11,2006 June 27,2006(Noon) 0 February 14,2006 January 31,2006(Noon) ❑ August 8,2006 July 25,2006(Noon) ❑ March 14,2006 February 28,2006(Noon) ❑ September 12,2006 August 29,2006(Noon) ❑ April 11,2006 March 28,2006(Noon) ❑ October 10,2006 September 26,2006(Noon) ❑ May 9,2006 April 25,2006(Noon) ❑ November 14,2006 October 31,2006(Noon) ❑ June 13,2006 May 25,2006(Noon) ❑' December 12,2006 November 28,2006(Noon) NATURE OF ❑ Consent Agenda ❑ Old Business ❑ Legal AGENDA ITEM ❑ Director's Report New Business ❑ Future Agenda Items ❑ Other Item DATE: February 1, 2006 SUBJECT SUMMARY PARAGRAPH: The CRA Board recently approved the issuance of a second bond in part to assist with the development of affordable housing initiatives. One of the proposed projects was a "buy down" voucher to be used to help low and moderate income families purchase homes. Staff has drafted the Homebuyer Assistance Program that will work in tandem with the City's SHIP program. The CRA funds will provide gap funding between the mortgage amount and the SHIP funds. By combining the two funding sources, the CRA and City, will help to close the gap between what a family can afford and the price of housing. RECOMMENDATION: Approve the Homebuyers Assistance Program. Fund the program up to $1,000,000 for fiscal year 2005/2006. FISCAL IMPACT/SOURCE OF FUNDS: $1,000,000 from Bond #2 proceeds. ALTERNATIVES: Do not approve the Program. CRA STAFF: Vivian L. Brooks CRA Planning Director T:\PROGRAMS&GRANTS\HAP-Home Buyer Assistance\2.14.06 HAP Agenda Cover.doc Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 14, 2006 properly zoned as commercial. Quintus Greene, Development Director, declared the Heart of Boynton Plan called for single family in that area. He questioned why the Board was talking about commercial there. The Board responded there was commercial zoning in place and the City had never rezoned the property in concert with the Heart of Boynton Plan. The answer was to declare a zoning moratorium, stop commercial development, and rewrite the zoning. He felt the Board had to allow Mr. Parker to build a commercial development, which he had a right to do, or pay him the fair value for a commercial piece of property. What would be done with the property later was a separate issue. Mr. Parker declared his understanding the $380K would be net and the CRA would take care of closing costs and demolishing the existing properties. Mr. Barretta amended his motion to state a "net amount of $380K." Mr. Myott agreed to the change. The motion passed 5-1, Ms. Horenburger dissenting. Chair Heavilin noted they had passed the 9:30 p.m. time certain adjournment and asked the Board what it wished to do. Motion Ms. Horenburger moved to extend the adjournment to 10:00 p.m. at the latest. Mr. Barretta seconded the motion that passed 6-0. B. Consideration of a Redevelopment Proposal from the Heart of Boynton Self- Assembly Group for Phase I of the HOB Plan (heard earlier) C. Consideration of a CRA Homeownership Assistance Program Vivian Brooks, CRA Planning Director, declared the CRA Board recently approved the issuance of a second bond, in part to assist with the development of affordable housing initiatives. One of the proposed projects was a "buy down"voucher to be used to help low and moderate income families purchase homes. Staff drafted the Homebuyer Assistance Program that would work in tandem with the City's SHIP program, a down payment assistance program. The CRA funds would provide gap funding between the mortgage amount and the State Housing Initiative Partnership (SHIP) funds. By combining the two funding sources, the CRA and City would help to close the gap between what a family could afford and the price of housing. The gap between wages and the cost of housing was well known. The program was designed to assist people of low to moderate income who were short of money, $5K up to $50K, to buy a home. In looking at some examples today, staff found three people working for the City who were trying to build houses on City land in the Heart of Boynton that could not afford to do it, even though the land was free. This program would allow those people to build affordable houses. The program document had been reviewed and approved by legal counsel. 22 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 14, 2006 Ms. Horenburger said a feasibility infrastructure study was being done for the HOB area and nothing should be built there until that study was completed and reviewed. Ms. Brooks stated this was single- family infill on the west side of Seacrest Boulevard, in the single-family area. Mr. Barretta asked the CRA Finance Director, Robert Reardon, if he had assisted in the creation of the document. Mr. Reardon responded he had not, but the money was available in the bond proceeds to cover it. Mr. Barretta expressed a desire for someone with financial expertise to review the program. Mr. Myott asked if this issue would be brought up for discussion on February 22. Ms. Brooks responded it was a project discussed as a part of Bond #2. She was simply implementing the program. The concept was not new. Mr. Myott asked if they could mention police, teachers, and firefighters and other classifications. Ms. Brooks said it was open to anyone of low to moderate income purchasing a home within the CRA area. Mr. Myott asked if there were limitations on the sale of homes. Ms. Brooks indicated this was set by SHIP guidelines. If a homeowner sold to a non-income qualified buyer, they would have to pay back the money plus interest on the money from the time they received it. Also, they would have to pay the City back for the land that had been given to them. There was some concern about how this program would be monitored for compliance. Ms. Brooks responded if the homeowner leased their home out and bought another one and moved into it, they could only Homestead one property. It could be monitored through the Internet periodically. Chair Heavilin thought that a lot of people who could not afford housing now would still not be able to afford it, even with this program. The program would probably benefit a handful of people at best. Chair Heavilin added it might have been helpful for the Board to look at the SHIP guidelines, since much of this program was predicated on it. She confirmed with Ms. Brooks that City and CRA funding would not exceed 40% of the purchase price and the maximum amount of funding would be $50K. Mr. DeMarco felt parcels of land in the HOB should not be sold until the big picture there was assessed. Once the CRA sold or leased any parcel, they might find they had tied up a section that could disrupt something else they might want to do in the area. David Zimet, Boynton Beach Faith-Based Community Development Corporation, 2191 North Seacrest, Boynton Beach, commended the introduction of this additional layer of financing. The three persons mentioned were clients of his organization. Mr. Zimet's organization was working with 12 people in all who had been income-certified, but could not find a home they could afford. They were still faced with a first mortgage and the gap between what they could afford and the amount of mortgage they could support. They were hard working people with no credit issues, assets to the community, who needed this kind of help. He did not believe the situation was only for City or CRA-owned property, but it was for private property also. Two weeks ago, a standard Cherry Hills lot sold for over $70K. That was in an area where a year ago people refused to build on lots that were offered to them. People could no longer live where they used to be able to live because they could not afford to. He hoped the CRA assistance package would go forward. 23 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 14, 2006 The Board was not opposed to the program in concept, but wanted further details. Ms. Bright will bring it back to the next meeting with the necessary backup. Mr. Horenburger commented Boynton Beach had plenty of affordable housing, but no decent low-income housing. X. Comments by Board Attorney Attorney Spillias spoke of the Direct Incentive Agreement with Boynton Associates, Ltd. for the Ocean Breeze project that was approved by the Board subject to some language revisions being made between the developer and the attorneys. It came back to the Board last month and there were still open issues, one dealing with the definition of "developer" and the other with the procedures for assignment of the contract. They had worked those issues out and the contract was ready to be executed. Since the Board's original motion was for approval and subject only to the language being worked out between the attorneys, Attorney Spillias did not believe it had to come back to the Board. The Board had already basically approved it except for the language on the assignment issue. The attorney received a formal request from Mr. Finkelstein for this Board to approve the assignment of the contract to an affiliate, Tradewinds Development, LLC, which had been represented to him as being an affiliate under the definition of the contract. The Board could: 1) approve this in concept and have him bring back the actual assignment document for review and formal approval or, 2) approve it today, subject to the approval of the Executive Director and Attorney of the language and confirmation of the affiliation between Boynton Associates and Tradewinds Development. Motion Mr. Barretta moved the Board approve option two as outlined by the Attorney. Mr. Norem seconded the motion. Attorney Spillias stated that would be presupposed by both Boynton Associates and the CRA signing the original contract. Mr. Myott asked if there were any value in having Mr. Finkelstein comment on that. Mr. Spillias indicated he had already done the corporate records check with the Department of State to confirm the relationship between the two corporations. Mr. Myott asked Mr. Finkelstein if he would work within that structure and he responded affirmatively. Larry Finkelstein came to the podium, saying Attorney Dukes' letter to him asked for a formal letter, which he provided. Obviously there would be a formal assignment agreement and he did not have any problem with review of their internal assignment agreement. Attorney Spillias stated they had to make sure the assignment agreement conformed to the assignment requirement as drafted, and Mr. Finkelstein concurred. The motion passed unanimously. 24 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM ,4sy r i� BO 1JTON BEACH Requested CRA Date Final Materials Must be Requested CRA Date Final Materials Must be Turned into Meeting Dates Turned into CRA Office Meeting Dates CRA Office ❑ January 10,2006 December 27,2005(Noon.) ❑ July 11,2006 June 27,2006(Noon) ❑ February 14,2006 January 31,2006(Noon) ❑ August 8,2006 July 25,2006(Noon) 0 March 14,2006 February 28,2006(Noon) ❑ September 12,2006 August 29,2006(Noon) ❑ April 11,2006 March 28,2006(Noon) ❑ October 10,2006 September 26,2006(Noon) ❑ May 9,2006 April 25,2006(Noon) ❑ November 14,2006 October 31,2006(Noon) ❑ June 13,2006 May 25,2006(Noon) ❑ December 12,2006 November 28,2006(Noon) NATURE OF ❑ Consent Agenda ❑ Old Business Legal AGENDA ITEM ❑ Director's Report ❑ New Business ❑ Future Agenda Items ❑ Other Item DATE: April 6, 2022 SUBJECT SUMMARY PARAGRAPH: I was asked by the Board to give my opinion of the HOMEBUYERS ASSISTANCE PROGRAM, which is attached for your inspection. I will be glad to explain my concerns, and Vivian will also contribute to the discussion. RECOMMENDATION: Allow staff to discuss concerns and solutions so the program can go forward. FISCAL IMPACT/FUNDING SOURCE: Funds already budgeted for this program from proceeds of Bond #2 ALTERNATIVES: Do not approve CRA STAFF: T:\PROGRAMS&GRANTS\HAP-Home Buyer Assistance\3.14.06 HAP Agenda Cover.doc Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 14, 2006 Chair Heavilin asked about the applicant's request not to require burial of the overhead utilities if Yachtsman's Cove did not do so, but Ms. Horenburger believed the Board should request the staff-initiated condition. The motion passed 6-0 (Mr. Barretta recusing). V11. Old Business A. HomebuDiscussion Robert Reardon, Interim Assistant Director, Finance Director, and Operations Supervisor, spoke in response to a request initiated by Mr. Barretta for CRA staff to analyze the financial aspects of the Homebuyers; Assistance Program. Mr. Reardon included a detailed analysis in the agenda packet including a letter to the Board, the original guidelines, and the revised guidelines. He was satisfied Ms. Brooks had addressed all of his concerns in the proposed amended guidelines. The program provides gap financing. Three specific examples were mentioned where one person needed $11K to close the deal, another $30K, and another only $2K for closing costs. Not every applicant would ask for or need the full $50K. The program is meant to work in tandem with the City's SHIP program. A discussion ensued about the particulars of the Homebuyers Assistance Program amended guidelines. The majority of the discussion centered on the issue of shared equity. The program recipients would be monitored through the Tax Assessor's office to determine whether they filed for Homestead Exemption the year following purchase. If they did not do this, the mortgage would become due and payable with interest. If a person leased the house out, the mortgage would become due and payable with interest. If they sold to a non-income qualified buyer without advising the CRA, the CRA would get back 50% of the loan, depending on the sliding scale if the Board decided to go with a shared equity formula. If a property were resold to an income-qualified buyer, the funds would stay with the property to close the affordability gap. Rather than lose the affordable unit, it would stay affordable to the next family in that income range. None of the funds accrue to the seller. A shared equity formula would allow for some appreciation that would go to the first homebuyer. The City's program does not currently include equity sharing. This would have to be analyzed to determine how long a person would have to hold the property to achieve a certain amount of equity. Tax benefits and control of cost of living are two benefits that 10 Meeting Minutes Community Redevelopment Agency Boynton each, Florida March 14, 2006 accrue to the homebuyer regardless of whether they share in the equity or not. Many felt there should definitely be some amount of equity sharing. Ms. Brooks will come back to the Board with a formula. The consensus was that a sliding scale would be appropriate. The Board differed in its views of shared equity. Some felt the CRA needed to recapture as much of its funds as possible in order to continue providing affordable housing. Others felt the homebuyer should have an opportunity for some equity over time. The Board agreed the City and CRA programs should mirror each other. The length of time a homebuyer would have to occupy the house before any shared equity formula would begin and the amount of any sharing were issues. Ms. Octavia Sherrod, the City's Community Improvement Director, and Habitat for Humanity's President, Joe Santorella, were of the opinion low-income buyers tended to stay in their houses longer than the 4-6 years mentioned by Chair Heavilin. Of 64 Habitat for Humanity homes built in Palm Beach County over 15 years, only one buyer had subsequently sold the house. Ms. Sherrod made the point that participation was key. Low and very low-income buyers did not have a choice, but moderate and upper income homebuyers did. Ms. Sherrod wanted to work closely with Ms. Brooks to bring something back before the Board with the teeth the Board wanted, without sacrificing participation in the program. The City was thinking of including a shared equity component in its program, partly predicated on a fear the SHIP funding source might not be available for any length of time. A factor to be considered was that homebuyers were putting money into maintaining their properties on a daily basis, helping to increase the property's value. Motion Mr. Norern moved to approve the amended CRA Homebuyer Assistance Program guidelines as presented with no shared equity program. Mr. Barretta seconded the motion. Joe Santorella,, President of Habitat for Humanity, explained the homeowner shares with Habitat 1/30 per year of appreciation over the purchase price. However, for the first three years, their deed of conveyance declares the homeowner is not entitled to any appreciation. Typically, Habitat's mortgages run for 30 years and Habitat keeps a first-right-of-refusal option to buy the home back from the homeowner. The motion passed 6-1, Mr. Myatt dissenting. Motion Ms. Horenburger moved to direct staff to work with the City on the issue of shared equity, as part of the guidelines for the CRA Homebuyer Assistance Program, and come 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 14. 2006 back to the Board with a proposal. Vice Chair Tillman seconded the motion that passed 7-0. Ms. Brooks will bring shared equity scenarios to the Board at its next meeting. B. Update Ada-five Re-Use of the Old Ni h School Presented b Core O'Gorman Ms. Bright declared the Board had allocated the money in the budget to start the RFP process for the adaptive re-use of the Old High School. They contracted with Corey O'Gorman, who presented a Town Square concept to the City Commission in 2005. She invited Mr. O'Gorman to bring the Board up to date on the status of this project. Corey O'Gorman explained the process called for 1) community input, and 2) solicitation. A series of open house sessions were scheduled for March 16, 17, and 18 in the Library Program Room. The open house had been extensively advertised. The participants in the open houses would be shown a possible layout for adaptive re-use along with slides of the existing building and other buildings to generate questions and ideas. The participants would be asked to respond to a series of statements. Ms. Horenburger inquired whether the questions would include the possible cost to the taxpayers, and Mr. O'Gorman responded affirmatively. Mr. O'Gorman will present the findings from the open houses to the Board at its meeting on April 11. Chair Heavilin asked if the solicitation would include funding sources, and Mr. O'Gorman responded affirmatively. C. Marina Parking Easement Agreement Ms. Bright reported the Board approved an agreement at its December 15, 2005 meeting to purchase the Two Georges Marina from DSS Properties. The documents before the Board were a Marina Easement Grant and a letter from City Manager Bressner declaring this was a non-conforming site. The easement is necessary for the Two Georges Restaurant, which will remain in ownership of DSS Properties, to meet its parking requirements for the City. It is an easement for the north side only of the Casa Loma driveway. The south side remains under CRA control for drop-off for the marina slips. The north side will belong to DSS Properties for parking. Ms. Bright clarified the parking was now all for Two Georges. The agreement was such that during the daytime hours there would be signage on the side by the slips so people who wanted to drop off their dive gear would be able to do so. Ultimately, the CRA will own parking spaces in the parkinggarage when Marina Village is completed. The south side will revert to public parking after 6:00 p.m. The north side had to remain as an easement, which would also be sign-identified, for Two Georges Restaurant. 12 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM ,4sy r i� BO 1JTON BEACH Requested CRA Date Final Materials Must be Requested CRA Date Final Materials Must be Turned into Meeting Dates Turned into CRA Office Meeting Dates CRA Office ❑ January 10,2006 December 27,2005(Noon.) ❑ July 11,2006 June 27,2006(Noon) [:1 February 14,2006 January 31,2006(Noon) ❑ August 8,2006 July 25,2006(Noon) ❑ March 14,2006 February 28,2006(Noon) ❑ September 12,2006 August 29,2006(Noon) ❑ April 11,2006 March 28,2006(Noon) ❑ October 10,2006 September 26,2006(Noon) 0 May 9,2006 April 25,2006(Noon) ❑ November 14,2006 October 31,2006(Noon) ❑ June 13,2006 May 25,2006(Noon) ❑ December 12,2006 November 28,2006(Noon) NATURE OF ❑ Consent Agenda Old Business ❑ Legal AGENDA ITEM ❑ Director's Report ❑ New Business ❑ Future Agenda Items ❑ Other Item DATE: April 28, 2006 SUBJECT SUMMARY PARAGRAPH: At the February 2006, CRA Board meeting the Board approved the Homebuyers Assistance Program with direction to come back to the Board with a shared equity formula recommendation for CRA funds. A shared equity policy will return on the CRA investment. These funds can then be reinvested into additional affordable housing units. Community Improvement Department is implementing a shared equity policy (see attached) for their Down Payment Assistance Program. CRA staff recommends adopting the City's policy. The CRA's share of the equity will be proportionate to the amount of CRA funds invested in the home. As with the City's program, all CRA funds are due at the time of sale. Example: Original home price: $225,000 City SHIP funds $ 50,000 (71%) CRA Funds $ 20,000 (29%) Mortgage $155,000 New Sales Price @ yr 5 : $275,000 Equity $50,000 20% Equity to Seller $ 10,000 Percent of Equity to City $28,400 Percent of Equity to CRA $ 11,600 RECOMMENDATION: Approve the proposed shared equity formula. FISCAL IMPACT/FUNDING SOURCE: This proposal will provide a return on the CRA's investment. T:\PROGRAMS&GRANTS\HAP-Home Buyer Assistance\5.9.06 HAP Agenda Cover.doc BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM ,4sy r i� BO TON BEACH ALTERNATIVES: Do not approve the shared equity formula. CRA STAFF: Vivian L. Brooks CRA Planning Director T:\PROGRAMS&GRANTS\HAP-Home Buyer Assistance\5.9.06 HAP Agenda Cover.doc Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 9, 2006 sf for the 10 and 20 du/acre areas, and 100,000 sf for the 30 and 40 du/acre) and very long absorption timeframes because there is not a strong market for retail. Dr. Delaney advised using a two-story minimum profile on MLK would act as a better gateway because it needs greater density to hold the street. The retail market was reviewed to determine what type of retail would be appropriate. Fifty thousand square feet of retail would take four to eight years to absorb on MLK at 10/20 du/acre. There is not a strong market for new retail but neighborhood retail makes sense. The CRA must participate as an agency to get development to take place. The CRA should assemble the land and discount it back to the developer so the community can be redeveloped back to the community and it will take a lot of money besides what has already been spent. Dr. Delaney explained some portions of the CRA may not require as much assistance as other areas of the CRA. There are TIF generators and TIF absorbers. There was not enough data to analyze infrastructure, although she did speak with the Utilities Department. Ideally there will be a 20 to 40 year generator, so the CRA would make strategic investments to act as catalysts to generate good development occurring around the downtown areas. There was discussion among the board members that the CRA received the tools and now is the time to take action. It was further discussed this was a major first step to put together something the entire community can embrace. Both sides of the community would need to give and take, and partnerships need to be put together. This is a great opportunity for Boynton Beach to shine. It was noted infrastructure needs to fit in and what type of infrastructure is needed will influence development. As the CRA moves forward, it was recommended a focus group from the community needs to step forward. The focus group would need to consistently and earnestly come before the CRA and indicate what they want to happen which would be forwarded to the City Commission. All parties would need to be on the same page and there are measures that can be undertaken that will make the job a realization. Chair Tillman thanked the Treasure Coast and Metrostudy for their presentation. B. Consideration of Amending the Homebuyers Assistance Program to include a Shared Equity Component Ms. Brooks reported the board approved the Homebuyers Assistance Program for prospective homebuyers within the CRA area, which provides gap financing. She explained the board had made inquiry about equity sharing. Ms. Brooks reported she met with Octavia Sherrod, Community Improvement Director, and developed a proposal where individuals could share in equity. The program would have lower equity during the first five years and increase as the homeowner remained in the home. In some instances, depending on the income of the family, the public subsidy could be quite high, up to $125,000. This would permit wealth building, assist with neighborhood sustainability and encourage longer-term home ownership. It would also protect against the homeowner receiving large windfalls upon sale. Ms. Brooks recommended approval. She explained the last bond that was passed contained a line item of $3M for the program. There is $1 M designated as a pilot program. The program already approved allows for up to $50,000 in assistance. The amount of the difference between the housing prices in the CRA area and the recipient's income, constitutes the gap that needs to be filled. Up to $75,000 has not been enough to close that gap, and these individuals qualify for a market mortgage. 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 9, 2006 Mr. Reardon explained the bond taken out has an 18-month sunset. If the funds are not expended, they must be returned to debt service or to another project. A marketing program will be prepared for the CRA program. Motion A motion was made by Vice Chair Norem to approve the program. Mr. Myott seconded the motion that unanimously passed. C. Discussion and Recommendations for Approval - Direct Incentive Funding Agreement Ms. Bright reviewed the item and explained she was looking for additional comments and direction from the board. The important issue is the incentive now is not guaranteed and each project must stand-alone and receive board approval. The Direct Incentive Program was separated into the affordable housing incentive and the public annuities program. The scoring portion was removed to allow for board flexibility to determine projects being more or less desirable, depending upon the area in the districts. The program also eliminates the developer being forced to back into the program to secure the incentive. The reporting requirement in the previous incentive package was not pro forma and the agreement would require greater accountability from the developer as it moves forward with the project. The TIF flexibility is changed by not capping it at 45%, and allows the board more flexibility. Affordable housing developers were given the option of either developing units within their projects, or donating monies to the community land trust. Attorney Spillias clarified the numbers in the draft were put in place for discussion purposes only and would be adjusted as the CRA's policies are promulgated. The board expressed the documents can establish some standards and could be reviewed on a case-by-case basis. The board liked the flexibility of the agreement and it was suggested having standards and guidelines in place would avoid the appearance of unfairness. Motion Vice Chair Norem moved to authorize staff to finalize the document to be brought back to the board next month. Ms. Horenburger seconded the motion that unanimously passed. D. Parking Discussion Mr. Myott declared a Conflict of Interest and filed Form 8B, which is attached to the original minutes on file at the Office of the City Clerk. Ms. Brooks indicated staff was directed to review parking concepts used with different projects. Staff is looking for direction in identifying an area for public parking containing about 400 spaces. Parking construction costs, exclusive of land, would be about $35,000. The board discussed taking a broad approach on the issue and suggested determining how many spaces are actually needed in the corridor area. The parking plan needs to be a broad comprehensive plan, which may need an authority. It was recommended looking at the cost and what revenues would be yielded by building the spaces. It was noted the possibility of a $2 fee on rental cars passed the legislature last week with indications being the Governor will sign the bill into law. The Regional Transportation Authority (RTA) board was looking at a local 10 Loan Terms by Fiscal Year • FY 2009-2010: Borrower shall occupy the residence for the term of the first mortgage. If the residence is leased and no longer occupied by the recipient of CRA funds, any and all CRA grant funds given at the time of purchase shall become due and payable in full. Families that receive assistance shall submit proof of residency to the City and CRA annually by the anniversary of the closing date. The accepted form of proof is a utility bill showing the program recipients name and address. Failure to comply will result in the CRA funds becoming due and payable. • FY 2008-2009: Borrower shall occupy the Property as his/her principal residence and, in the event the Property is leased, sub-leased or otherwise devised or assigned to any person or entity during the term of this Loan, then the principal shall become due and payable in full together with interest at four percent (4%) per annum calculated from the time of purchase of the Property. • FY 2009-2010: Upon the sale of the Property at any time during the duration of the first mortgage term, Borrower shall repay the principle amount of this Loan in full to Lender at the time of closing. • FY 2008-2009: Upon the sale of the Property, within the first five (5) years of ownership, Borrower shall pay eighty percent (80%) of the equity in the property (as determined by a fair market value appraisal) to Lender. During years six (6) through twenty (20) of ownership, Borrower shall pay fifty percent (50%) of the equity in the Property to Lender. During years twenty-one (21) through thirty (30), Borrower shall pay fifteen percent (15%) of the equity in the Property to Lender. • In the event of a voluntary sale or foreclosure, Borrower shall provide notice of same to Lender who shall have the right of first refusal to purchase the Property from the Borrower for the fair market value of the Property as determined by a current certified appraisal. Lender shall have forty-five (45) days from the date of receipt of intent to sell with a copy of the proposed contract to determine whether to exercise its right to purchase hereunder by sending written notice to the Borrower (it being understood that Lender's purchase price shall be the lesser of that set forth in said appraisal or proposed contract). Such notice shall reserve thirty (30) additional days for Lender to complete all necessary preparations and close. • FY 2009-2010: Borrower elects to refinance the Property, Borrower shall repay the entire principal balance in full to Lender. • FY 2008-2009: Borrower elects to refinance the Property, Borrower shall repay the entire principal balance in full to Lender, together with interest at four (4%) per annum calculated from the time of purchase of the Property. • Borrower shall perform, comply with and abide by each and every agreement, stipulation, condition and covenant of the Note, the Mortgage and the Homebuyer Assistance Program Agreement executed by Borrower simultaneously herein. • The Note is pre-payable in whole or in part at any time without penalty. v 0 E w v - o N 0 c _ 3 w N - 0 0 V O W W K W N v IA '^ O OD � O T 0 a p p V w p p p w p p p p p V w w 0 _O y O w 1 O ,`„ O O v vai O O vai O v¢i O O O O v¢i O j v¢i v¢i o\ v O w .�w V m V V V V V V V V y V .° ry ry O OD K K cF-C 0K K K K K K K K z O O K = 0 O N O O N O N O O O O N O m N N O u m zz r v v v v v v v v v v v v v v v v v v v v v v v 3 3 E O o o `v `v `v `v `v `v `v `v `v `v `v `v `v `v `v `v 0 0 0 3 3 0 0 3 0 0 0 0 0 0 0 0 0 0 0 3 0 0 0 3 3 0 0 0 a v v v v H o'o 0 0 0 n m m m m v Z v v Z v v v w v v a s a v v v v r v v v a a a m o F m v N v v v v ory ~ v v v m o v F ti a v m v F u v ~~ v v v v ry o O v v m m v v Q mo N w u r o o v w v w n N L v L v L v L v oN ¢ ¢ ¢ vi 'N' w v v v u u N v vl v = v v ,f v N v �.. 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MMM � y G mamBEAC CRA BOARD MEETING OF: November 14, 2017 NEW BUSINESS AGENDA ITEM: XIV.A. SUBJECT: Discussion and Consideration of Changes to the Terms and Conditions for the Homebuyer's Assistance Program Agreement between Lasendra Hoggins Wilson and the CRA SUMMARY: In 2007 the CRA was providing financial assistance (Homebuyer's Assistance Program, HAP) to first time homebuyers in order to provide a sufficient supply of housing for working families since housing prices were extraordinarily high and many families were priced out of the housing market. On March 13, 2007 the CRA Board approved HAP in the amount of $47,000 to Lasendra Noggins (March 13, 2007 Minutes - Attachment 1). Attachment I I is a copy of the HAP Agreement which Ms. Noggins entered into for the purchase of her home located at 508 NW 12th Avenue, Boynton Beach, FL (see Attachment 111). Along with entering into a HAP Agreement, Lasendra Hoggins also executed a Mortgage Deed for GAP Mortgage Assistance which is recorded on the property to ensure the conditions of the HAP Agreement are met and if the property is sold, the CRA may collect all or part of the monetary assistance provided to the first time homebuyer(Recorded Mortgage -Attachment IV). On October 10, 2017, Ms. Noggins requested the CRA Board review the terms of the HAP Agreement and consider waivers and/or changes to the agreement (Attachment V - October 10, 2017 Minutes) in order for her to relocate her family to a more desirable, family oriented neighborhood. Ms. Noggins stated that crime has progressively increased and it is no longer a safe environment to raise her three children. Per the October 10, 2017 CRA Board Meeting CRA Staff ordered an appraisal on the property (Attachment VI) and met with Ms. Noggins on October 25, 2017 to discuss the limitations according to the HAP agreement. Below is a breakdown of the key terms of the agreement: • Grantee must occupy the property as a full time resident. • Grantee may not obtain a line of credit, equity loan, etc. that secures the property without written consent by the CRA. • Grantee may not lease the property. • Grantee must sell the property to an income qualified buyer whose income does not exceed 120% of median household income for Palm Beach County. • If Grantee does any of the above, the full sum of the grant plus 4% interest annum from the date of the agreement shall be due and payable. • Grantee must pay 80% of the equity to the CRA if the property is sold within the first 5 years of ownership. • Grantee must pay 50% of the equity to the CRA if the property is sold within years 6-20 of ownership. • Grantee must pay 15% of the equity to the CRA if the property is sold within years 21-30 of ownership. FISCAL IMPACT: To be determined. CRA P LAN/P ROJ ECT/PROGRAM: 2016 CRA Redevelopment Plan CRAAB RECOMMENDATION: N/A CRA BOARD OPTIONS: 1. Discuss and consider options presented by Homebuyer Assistance Program (HAP) recipient, Lasendra Hoggins. 2. Do not discuss and consider options presented by Homebuyer Assistance Program (HAP) recipient, Lasendra Hoggins. 3. Alternate options as determined by the CRA Board. ATTACHMENTS: Description D Attachment I - March 13, 2007 Minutes D Attachment II - HAP Agreement D Attachment III - Location Map D Attachment IV - Mortgage D Attachment V -October 10, 2017 Minutes D Attachment VI -Appraisal Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 14, 2017 restaurant and the developer was constantly overcoming hurdles. Mr. Simon explained the upstairs of the building could not be used, even for storage, and the developer received another round of comments. He advised the architectural firm was responding to the City. Chair Grant noted there was some time went by with no communication. He thought if the developer did not answer the City's comments timely, they should use the reverter clause. Motion Board Member McCray also wanted to table the item and so moved. He announced he would like to receive a copy of the comments. The motion unanimously passed. XIV. New Business A. Discussion and Consideration of Changes to the Terms and Conditions for the Homebuyer's Assistance Program Agreement between Lasendra Hoggins Wilson and the CRA Board Member McCray announced he would make comments after the item was discussed. Lasendra Wilson, 508 NW 12th Avenue, explained she met with CRA staff and they crafted options for the Board to consider. One option was to allow her to rent the home because even if she considered selling the house, she did not know how long it would take to find a buyer. If rented, Ms. Wilson and her family go somewhere else and be safe. Another option is to speak with the CDC to see if they were interested in renting the home or purchasing the home. The last option is to sell the house, and the CRA waive the equity that would have to be returned. Board Member McCray asked how much equity was owed and learned the house appraised at $177,000. Ms. Williams owed the bank $65,000 leaving about $112,000 equity in the home. Chair Grant noted the CRA was entitled to 50% of the equity; however, Ms. Wilson would also have to pay back the amount of down payment assistance the CRA gave her, which was $47,000. Mr. Simon explained the document terms do not discuss payback of the amount of assistance that was provided to Mr. Wilson; only the equity. The program changed each year in philosophies and the amount of subsidies given increased and decreased and the terms and conditions of the grant were adjusted. In this case, there was a concern of limiting equity as part of an artificial benefit by providing assistance. The document tried to protect equity. If the Board wanted to remove the subsidy given by the CRA in addition to what she owed the bank, the CRA would split a different amount. Chair Grant thought the CRA should not recapture more money from the equity than the $47,000 subsidy given by the CRA. He noted Ms. Wilson would still be responsible for the mortgage and maintenance and was fine with Ms. Wilson using the property as an income producing property. 20 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 14, 2017 Board Member McCray explained he had Incident Reports from the Police in the vicinity of the Cherry Hills Mini Mart, the old grey building which is a two-story structure noting there were numerous police calls to locations surrounding Ms. Wilson's property. He thought it was difficult for anyone to live under these kinds of conditions and she wants to move her family somewhere else that is safer. Chair Grant proposed Ms. Wilson rent the property and change the contract to recapture equity up to $47,000 because if she sells the house for $80,000 and the CRA required $47,000, the CRA would receive more than 50% of the equity. Ms. Wilson advised the Board's proposal as stated by Chair Grant was acceptable. Mr. Simon asked if there was a time limit to lease until sold noting in year 2021, the amount of equity payback is reduced to 15%. Attorney Duhy advised she will add a sentence to the contract that in no instance shall the CRA collect more than 47% in equity return. Brian Fitzpatrick, 409 NE 1St Street, commended Ms. Wilson for surviving at the location as there is crime all around her. He had previously written emails to the City Commission about 504 NW 12th Avenue. It is vacant and a drug haven and he sought to have the home demolished. He was glad the Board was assisting her, and noted there are already two drug houses in that area. His concern was someone could rent the house as a third drug house as certain people look for people to set up shop. He proposed the home be used for the Neighborhood Officer Program. Chair Grant commented if used as a drug house, it was subject to forfeiture and the landlord would not allow it. She would monitor the property. Mr. Simon explained the Neighborhood Officer Program location was contemplated to be located in the Ocean Breeze East site. Mr. Fitzpatrick commented Ocean Breeze East is years away and more police are needed in Cherry Hill to combat drug activities. Board Member McCray advised it was not that more police were needed, they do not need drugs in Cherry Hill. Board Member Romelus thought it was a conundrum to take one family out of the predicament and put another one in. She thought other alternatives were needed. Mr. Fitzpatrick thought it would be a hard property to market. Board Member Romelus requested confirmation Mr. Fitzpatrick favored the CRA purchase Ms. Wilson's property and thought the CRA should ask the City to start the nuisance abatement on the other property. Motion Attorney Duhy explained a motion to approve amending the contract to allow rental on the property and to cap the equity the CRA receives under any scenario to no more than $47K property on the sale of the property. Board Member Romelus so moved. Board Member McCray seconded the motion that unanimously passed. 21 B'QYNTO, � 11 wsssm .i, CRA BOARD MEETING OF: December 12, 2017 OLD BUSINESS AGENDAITEM: 13.13. SUBJECT: Discussion and Consideration of Changes to the Terms and Conditions for the Homebuyer Assistance Program Agreement between Lasendra Hoggins Wilson and the CRA SUMMARY: On October 10, 2017, as part of the Public Comments portion of the agenda, Ms. Noggins requested the CRA Board review to the terms of her Homebuyer Assistance Program (HAP) Agreement and consider waivers and/or changes to the agreement in order for her to relocate her family to a more desirable, family oriented neighborhood (see Attachment I - October 10, 2017 minutes) . On November 14, 2017, CRA staff presented the existing terms of Ms. Noggins' HAP Agreement to the CRA Board (see Attachment 11 - November 14, 2017 minutes). The CRA Board agreed to amend the agreement to allow the option of renting the property and capping the equity the CRA receives from the property at $47,000 should the property be sold to a income qualified buyer (a family whose income does not exceed 120% of median household income for Palm Beach County) in the future. The Amended and Restated HAP Boynton Beach Community Redevelopment Agency Homebuyer Assistance Program Agreement with Ms. Noggins is attached for Board review and approval (see Attachment 111). FISCAL IMPACT: N/A CRA PLAN/PROJ ECT/PROGRAM: 2016 CRA Redevelopment Plan CRAAB RECOMMENDATION: N/A CRA BOARD OPTIONS: 1. Approve the Amended and Restated Boynton Beach Community Redevelopment Agency Home buyerAssistance Program Agreement. 2. Do not approve the Amended and Restated Boynton Beach Community Redevelopment Agency Homebuyer Assistance Program Agreement. 3. Alternate options as determined by the CRA Board. ATTACHMENTS: Description D Attachment I -October 10, 2017 Minutes D Attachment II - November 14, 2017 Minutes D Attachment III -Amended and Restated Boynton Beach CRA Homebuyer Assistance Program Agreement with Lasendra Hoggins l Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 12, 2017 Board Member McCray asked if these funds could also assist Casa Costa. Staff agreed to discuss the program with him. Motion Board Member Romelus moved to approve the remainder of the Consent Agenda. Board Member McCray seconded the motion that unanimously passed. 12. Public Hearing None. 13. Old Business A. Financial Report Period Ending November 30, 2017 Vicki Hill, Finance Director, announced the CRA is right on budget with their financials. The accounting should be complete for the fiscal year and an audit brought to the Board some time in February. B. Discussion and Consideration of Changes to the Terms and Conditions for the Homebuyer Assistance Program Agreement between Lasendra Hoggins Wilson and the CRA Mr. Simon explained on October 10th, Ms. Noggins Wilson discussed her home and the restrictions on resale or leasing under the Housing Assistance Program (HAP) grant. A follow up discussion took place at the November 14th CRA meeting and the Board moved to amend the existing agreement to allow her the option to rent and still cap the equity at $47,000 should the property be sold. The Board allowed the stipulation to transfer or rent the property to another income eligible individual or family. The attachment was a legally prepared amendment to the agreement and a motion was needed. Board Member McCray commented since Ms. Noggins Wilson appeared, there was another homicide and he inquired if the Board would apprise individuals what type of area the home would be and learned it was up to Ms. Noggins Wilson to disclose the information. Board Member Romelus took issue with the item because it is a situation where another family will knowingly or unknowingly move into the situation Ms. Wilson was leaving and it was troubling. Board Member Casello advised he was not present at the second meeting. He thought it was a slippery slope and all the HAP recipients should have the same benefit as this owner. 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 12, 2017 Ms. Hoggins Wilson could turn the property into a rental property and when she first appeared, his heart went out to her. He commented money was an issue. Ms. Hoggins Wilson will be in charge of the building and he asked what experience she had in being a landlord and there are other homes in the area that are known drug houses. He thought the Board had not solved any of the issues that plaque the neighborhood and wanted a report from the Chief how to address the matter. He thought the Board should have taken a harder stance. There are three officers in the Heart of Boynton and he favored using the house as the station for the Neighborhood Police Office Proaram. Lashendra Hoggins Wilson agreed her moving out of the neighborhood does not solve the problem and the area needs a lot more than just her standing before the Board. She did raise the concern of having another family move into the home and it was addressed in a private meeting. It would have to be something with a prior meeting, a last minute thing or someone with no small children. She would not apprise prospective renters of the shootings, but there were other options on the table that they still have to review. The first step was to get her and her family to safety. She acknowledged there was another homicide four homes away from�� her. As far as experience being a landlord, she had certifications from the Urban League of West Palm and Broward County. Her concern is if she does not rent out the home, she is the one who is stuck trying to manage a mortgage and a rental property. She was not pushing the issue. She just wanted to know the option is there so she can get her game plan together. Ms. Noggins Wilson was not aware of any other HAP recipient that verbally expressed a concern about their neighborhood except her and she put it in writing to the Board. If there are other families that want to follow suit, they should speak up. She was very concerned about getting out of the neighborhood and adhering to the guidelines. She agreed the City and the Police Department have to get involved. Board Member Casello was concerned she would financially be unable to manage two homes and asked what could be done to help abate the problem in the area. He contended a police presence or a plan is necessary. Chair Grant suggested knocking on doors and asking residents what they want. Board Member Casello commented he would not knock on doors in Cherry Hill, but would attend a special meeting to gather neighborhood input. Chair Grant thanked Ms. Hoggins Wilson for coming forward and having a plan. He thought the issue was more of a business decision to give her more opportunities to have ownership of her home. The same courtesy will extend to others. Board Member Romelus thanked Ms. Hoggins Wilson for coming forward and advised she did not want to see the situation repeated. 8 i Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 12, 2017 Motion Board Member Romelus moved to approve. Board Member McCray commented the Board is supposed to ask questions. He applauded Board Member Casello for asking questions. As Commissioner for District 11, he advised the Board is aware of the problems in the Cherry Hill area and the Police Department addressed the issue. There is a Cherry Hill he did not know about. There is also a Minister's Coalition in Boynton Beach who is also working to address the problem. When they need to dialogue with the Police Chief, they do. Ms. Noggins Wilson thanked the Board and requested if there is a meeting, they let her know and she will spread the word. Brian Fitzpatrick, 409 NE 1St Street, thanked Board Member Casello for his comments. He noted Board Member Casello was not present at the last meeting and advised Cherry Hill was desperate for a full-time police presence and the issue has been ongoing for 10 years. One little Cherry Hill Operation is meaningless unless followed up with a consistent effort behind it to stop the drugs. He noted many of the individuals previously arrested were back at the MLK Quick Stop, Cherry Hill Mini- Market, Rainbow City Groceries or the Quick Mart. He thought the Board was opening a can of worms by changing the contract, but agreed allowing the woman to move to a safe haven was appropriate. He thought the matter should have been addressed years ago. He suggested the home be used for a police substation and the area needs a police presence. Board Member McCray explained at one time there was a police substation in Cherry Hill with Palm Beach County Housing Authority and it was almost useless Board Member McCray seconded the motion that unanimously passed. C. Consideration of the Facility Rules and Regulations for the Historic Woman's Club of Boynton Beach Located at 1010 S. Federal Highway Thuy Shutt, Assistant CRA Director, explained on November 14th, the Board approved renaming the Boynton Woman's Club to the Historic Woman's Club of Boynton Beach and staff established rental rates. Three non-profits historically used the facility for meetings and their annual fundraisers. Staff had intended to present the Board with a standard rental agreement, but since staff had to do more work on it for the three non- profits that use the building and the different terms of the rental agreement, it was better to present four or five of the agreements at the next meeting to prevent confusion with the various drafts. Staff was working with the Board Attorney. The cover page updated Attachment 2, which was the draft rules and regulations for the facility. The drafts have to 9 BOYNTON 'CR- .t, CRA BOARD M EETING OF: February 13, 2018 OLD BUSINESS AGENDAITEM: 13.C. SUBJECT: Discussion and Consideration of Subordination of the CRA Homebuyer Assistance Program Mortgage between Lasendra Hoggins Wilson and the CRA SUMMARY: On October 10, 2017, as part of the Public Comments portion of the agenda, Ms. Noggins requested the CRA Board to review the terms of her Homebuyer Assistance Program (HAP) Agreement and consider waivers and/or changes to the agreement in order for her to relocate her family to a more desirable, family oriented neighborhood (Attachment 1) . On November 14, 2017, CRA staff presented the existing terms of Ms. Noggins' HAP Agreement to the CRA Board (Attachment 11). The CRA Board agreed to amend the agreement to allow the option of renting the property and capping the equity the CRA receives from the property at $47,000 should the property be sold to an income qualified buyer (a family whose income does not exceed 120% of median household income for Palm Beach County) in the future. An Amended and Restated HAP Boynton Beach Community Redevelopment Agency Homebuyer Assistance Program Agreement was approved and executed by the CRA Board and Ms. Noggins on December 12, 2017 (Attachment 111). Meeting minutes of the December 12, 2017 Board meeting are also attached (Attachment IV). Ms. Noggins is requesting the CRA Board approve subordination of its mortgage in order for her to refinance the property. The refinancing will allow her to make necessary improvements such as flooring, landscaping and general repairs in order to rent the property. CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the subordination of the CRA HAP Mortgage for the refinancing of the property, direct staff to work with CRA legal counsel on the subordination documents, and authorize Chair Grant to execute the documents on the Board's behalf. 2. Do not approve the subordination of the CRA HAP Mortgage for the refinancing of the property for improvements. 3. Alternate options as determined by the CRA Board. ATTACHMENTS: Description D Attachment I -October 10, 2017 Minutes D Attachment II - November 14, 2017 M inutes D Attachment III -Amended and Restated Boynton Beach CRA Homebuyer Assistance Program Agreement with Lasendra Hoggins D Attachment IV - December 12, 2017 Minutes Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 13, 2018 C. Discussion and Consideration of Subordination of the CRA Homebuyer Assistance Program Mortgage between Lasendra Hoggins Wilson and the CRA Mr. Simon explained the item pertains to the grant agreement and promissory note and mortgage that the CRA Board will provide for a re-subordination, in the event Ms. Wilson refinances for a lower interest rate or other acceptable term. She was requesting approval to resubordinate only at this time. This would allow the new loan to stand in front of the CRA's grant and the Bank to have re-subordination approval prior to closing. If a signature is needed, Ms. Wilson agreed to provide the documents for signature. Board Member Casello asked how many other properties participated in the Homebuyer's Assistance Program (HAP). Mr. Simon responded in three to four years, there were 35 to 40 HAP recipients and some foreclosed due to the downturn in the market. He explained a small percentage of the recipients experienced foreclosure or returned to the CRA because there were issues such as those that surfaced regarding the Preserve. He advised the CRA no longer offers the program. Motion Board Member Romelus moved to approve. Board Member McCray seconded the motion that unanimously passed. D. Consideration of Pathways to Prosperity's Grant Application for the Boynton Beach CRA Non-Profit Organization Grant Program Thuy Shutt, Assistant CRA Director, explained on September 27th, the Board approved starting the program for the new fiscal year, specifically for economic and business development categories which support non-profits with projects and programs that create jobs in the CRA in furtherance of the CRA plan. The Notice of Funding was published both in print and digital formats. Flyers were created in three different languages and two pre-submission workshops were held: one in October and the other in November. Three non-profit organizations attended and staff reached out to other organizations in the CRA District. The three non-profits have programs and/or business locations within the CRA District. On December 1 st, Pathway to Prosperity (P2P) submitted for their Circles of the Palm Beach program. The application was included in the meeting materials and gave details of the application and the program, which was a more holistic approach to address poverty via financial literacy, education and training, increased educational skills, job training, and homeownership. Several results were indicated in their application where there were participants wanting to own their own businesses and some of those participants already had home-based businesses. The application indicated they would like to create a full-time Incubator Coordinator position with the grant funding. P2P sought 45%of the requested funds for the Coordinator's salary, which is about$25K. The request is within the 10% allotted for the program and the maximum allowed was $32K. Two funding evaluation committee meetings were held on December 19, 2017, and January 16, 2018, which included a presentation from the applicant to the Committee. The 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 13, 2018 Board Member Romelus asked if the Board recently issue an RFP for MLK. Mr. Simon explained not since the failed response from NuRock. Board Member McCray pointed out one person wanted a pool hall on MLK Jr. Boulevard, and cautioned if one is opened, the Board was inviting problems. Vice Chair Katz agreed the focus of the discussion should be about commercial or retail, not very specific businesses. The area has to walk before it runs and the CRA cannot dictate what businesses will locate to the area. Board Member McCray suggested sticking with a mixed-use RFP and bring it back to the Board. Information will be presented at the March meeting regarding the MLK corridor to fine tune points in the RFP for the April CRA Advisory Board Meeting. Board Member Romelus requested including language in the RFP indicating there will be a community partnership and working with local business to incorporate them into what is newly constructed. She wanted to ensure the CRA encourages prosperity and growth along MLK and allowing for businesses currently there to be viable. Mr. Simon indicated there was a request from Ms. Hoggins to revisit item XIII C for comments from her. Lashendra Hoggins Wilson, 508 NW 12th Avenue, explained she was not present for the approval of the item earlier in the meeting, but she wanted clarification on what was approved. It was explained the subordination was approved so she now had the ability to refinance. She asked if the approval was for remodeling or cash out to pay down debt because there are specifics in the contract. Chair Grant explained the Board did not have any specifics regarding the subordination. The CRAs position will be behind the new loan that could be used for whatever funds she could get from the equity she had. Ms. Wilson explained there was an offer regarding the possibility of a write off or buy out of the CRA contract. She was unsure it was still under discussion. Chair Grant explained if Ms. Wilson wanted to make an offer, the Board would listen. She was still speaking with the lender and they questioned what the amount was. Chair Grant recalled the CRA was entitled to 50% of the equity, up to $47,000. He asked if the Board was willing to accept a sum less than $47,000 so she could own her home free and clear with one mortgage instead of two. Ms. Wilson was certain the bank would not give her the $47,000. Chair Grant explained the Board would review any reasonable offer.. 15. CRA Advisory Board A. Approval of CRA Advisory Board Meeting Minutes - January 4, 2018 B. Pending Assignments 1. None C. Reports on Pending Assignments 1. None 19 BOYNTON 'CR- .t, CRA BOARD MEETING OF: March 13, 2018 OLD BUSINESS AGENDAITEM: 13.C. SUBJECT: Discussion and Consideration of Payoff of CRA Homebuyer Assistance Program Mortgage between Lasendra Hoggins Wilson and the CRA SUMMARY: On October 10, 2017, as part of the Public Comments portion of the agenda, Ms. Noggins requested the CRA Board to review the terms of her Homebuyer Assistance Program (HAP) Agreement and consider waivers and/or changes to the agreement in order for her to relocate her family to a more desirable, family oriented neighborhood (Attachment 1) . On November 14, 2017, CRA staff presented the existing terms of Ms. Hoggins's HAP Agreement to the CRA Board (Attachment 11). The CRA Board agreed to amend the agreement to allow the option of renting the property and capping the equity the CRA receives from the property at $47,000 should the property be sold to an income qualified buyer (a family whose income does not exceed 120% of median household income for Palm Beach County) in the future. An Amended and Restated HAP Boynton Beach Community Redevelopment Agency Homebuyer Assistance Program Agreement was approved and executed by the CRA Board and Ms. Noggins on December 12, 2017 (Attachment 111). Meeting minutes of the December 12, 2017 Board meeting are also attached (Attachment IV). On February 13, 2018, the CRA Board approved the subordination of its mortgage in order for Ms. Noggins to refinance the property. The refinancing will allow the necessary improvements such as flooring, landscaping and general repairs in order to rent the property. At the February 13, 2018, CRA Board meeting Ms. Noggins made a request to the CRA Board if they would be agreeable to accepting a reduced amount to payoff of the CRA HAP mortgage. The CRA Board advised her to come back with a reasonable offer(see Attachment V). As a result of the refinancing breakdown from the lender, Ms. Noggins is offering the CRA $5,000 as the financial consideration to satisfy and release the existing $47,000 HAP Mortgage (see Attachment V I). FISCAL IMPACT: To be determined by the Board CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the payoff of the CRA HAP Mortgage in the amount of$5,000. 2. Do not approve the payoff of the CRA HAP Mortgage in the amount of $5,000. 3. Alternate options and or payoff offers as determined by the CRA Board. ATTACHMENTS: Description D Attachment I -October 10, 2017 Minutes D Attachment II - November 14, 2017 M inutes D Attachment III - Excuted Amended and Restated HAP Agreement D Attachment IV - December 12, 2017 Minutes D Attachment V - February 13, 2018 Minutes D Attachment VI - Request from Lasendra Hoggins Meeting Minutes Community Redevelopment Agency Board Boynton each, Florida March 13, 2018 Board Member McCray moved to approve an extension by the first meeting in May, Board Member Casello seconded the motion that unanimously passed. C. Discussion and Consideration of Payoff of CRA Homebuyer Assistance Program Mortgage between Lasendra Hoggins Wilson and the CRA Mr. Simon explained at the February 13th CRA meeting, the Board supported a request to subordinate a CRA second mortgage of $47,000 which equated to the initial amount given through the Housing Assistance Program (HAP). At the end of the meeting, Ms. Hoggins Wilson approached the Board with a request to negotiate a reduction in the amount of the CRA second mortgage to an amount to be brought back to the CRA. The request does not change the Board's original motion of subordination of a refinance. Lesendra Hoggins Wilson, 508 NW 12th Avenue, wanted to discuss an option suggested by her bank, which she presented to the Board via email. She also included a copy of the 1003 application showing the amount she would get back, what would be paid off in the refinance and what she would have available. Ms. Hoggins Wilson explained her refinance included everything and she would get back $8,000 of which she offered to give the CRA $5,000. The total amount to get out was between $10,000 and $12,000. She advised she received a letter from the Florida's Hardest Hit program indicating as of April 1 st, she will have a third lien for $3,500 after the program conducted a title search. She would receive no funds from a refinance, but she wanted to still move forward. Ms. Hoggins Wilson explained the Hardest Hit program assists the homeowner when their pay decreases by 10%, a homeowner loses their job or has their hours reduced, by paying the mortgage for a specific period of time and the homeowner does not have to make the payments. The program also imposes a silent lien on the property which is forgiven after so many years. This occurred in 2007 or 2003. So far she was been forgiven $7,000 or $8,000. She spoke to them earlier in the day requesting an actual payoff amount and she should have something by Friday. Board Member McCray requested confirmation Ms. Hoggins Wilson would clear $8,000. Ms. Hoggins Wilson responded if all went though and they waited until April 1St regarding the third lien of $3,500 because the loan is forgiven each year on March 31st, therefore she could only close on or after April 1St, otherwise she would owe them $7,000. He asked about the Board accepting $4,000 and Ms. Hoggins Wilson receiving $4,000. She did not know if the opportunity would come again. She explained even though the documents show the obligation is a silent second, they are still counting the $23,500 as debt going against her loan to value. It would not matter if she paid the CRA off or not, they would still count the amount as debt. She explained if she has something in writing stating she was going to pay the CRA debt off, she would be relieved of$23,500. It does not change how much money she would receive, it only allows her to pay the loan back to the bank. 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 13, 2018 Board Member Casello recalled the home was not Ms. Hoggins Wilson's primary residence and she was improving the home to rent. Ms. Hoggins Wilson responded the goal was to refinance the property, get money out to improve the home, which would total about $8,000; however, being that was not what she would receive, she will have to wait longer to put the house on the market. Board Member Casello summarized the HAP program gave her$47,000 six years ago, they approved allowing her to refinance and at the last meeting approved Ms. Hoggins Wilson renting the property if desired. Ms. Hoggins Wilson agreed. She was now before the Board offering $5,000 on the $23,500, which is left. Ms. Hoggins Wilson explained she signed on the house in 2005. Prior to that, the CRA HAP program forgave the loan at 10% each year depending on the loan amount and after 10 years, it was paid. The year she signed for her home, because it took two years to build, she signed a different contract, and the home was no longer paid off in 10 years. She was forgiven in tiers and she is at the 50% tier because she was in the home for 10 years. Mr. Simon explained there is no forgiving the $47,000. The Board negotiated an amendment at the last meeting to allow Ms. Hoggins Wilson to rent the building and the Board would accept no more than the $47,000 if she sold the property. The 50% split was a split on the equity earned after the $47,000 and her first mortgage would be paid. She owes the CRA $47,000. She is offering $5,000. Over the course of the HAP, there were various iterations of the grant. Some offered a 10-year reduction per year. Others had a 30-year reduction in tiers. Some grants stayed full to the end and some reduced over 20 years at every five or 10 year block. The amount in question was $47,000. Ms. Hoggins Wilson agreed. Board Member McCray requested confirmation Ms. Hoggins Wilson was requesting to move from the location due to crime in the area. She still wants to offer something. He thought the Board should be lenient and forgive the loan. Mr. Simon clarified for Vice Chair Katz if the Board agrees to the request, the payoff to the CRA at closing of her refinance would be $5,000 and the Board would have to execute a satisfaction, which would resolve her relationship with the CRA. Vice Chair Katz noted the Board already made several accommodations to the original agreement. If the Board was going to reduce the amount to $5,000, they may as well reduce it to zero. The CRA sympathized with the situation, but when the item was heard, there was concern it would set a precedent. He thought by reducing the loan by $42,000 after they amended the agreement to allow her to vacate the property and use it for income, they would wind up giving everything away that recipients ask for. Board Member Romelus inquired when the amount would be paid off and about the protocol to do so. Mr. Simon explained if she sold the property the next day for her first mortgage amount of$64,000 and the $47,000, totaling just over$100,000, the CRA would receive the $47,000 and the first mortgage would be paid off. Any amount over that 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 13, 2018 would go to Ms. Hoggins. She asked if the funds would be recouped only at the time of sale. Chair Grant noted section 6 specified she could sell to another income-qualified buyer. The grants or share in the equity can never exceed $47,000. He did not think the Board was double dipping requesting the $47,000. Ms. Hoggins Wilson clarified those provisions applied if she sold the home. The contract was written so people would stay in the neighborhood and be able to afford houses in the Heart of Boynton. If she sold the house, the CRA would get a portion of the sale up to $47,000. Chair Grant commented if she refinances the house, the CRA is entitled to 4% interest plus the full $47,000. The new amendment specified the monies would be due if she sold or refinanced the home. Vice Chair Katz asked if it was her intention to rent the house and learned it was. Chair Grant noted the amendment language indicated it would apply if she refinanced or sold the home. Chair Grant was fine with refinancing and the Board receiving 50% of the equity. Ms. Hoggins Wilson commented the refinance subordination was already agreed on. She was offering to be bought out of the contract. At the point in time when the suggestion was made, she did not know what it meant as she appeared for a different reason. Now that she has all her documents and she knows what she could offer, she was told to come up with a figure, which was what she was presenting. She cannot move forward unless $23,500 is paid and she has not refinanced the home. Any refinance would be subordinated, but the home would be considered paid off. She was attempting to refinance the property with conditions and the bank performed an appraisal as did the CRA. Further lengthy dialogue ensued about Ms. Hoggins Wilson's options and the contract wording. Mr. Simon explained the offer to the Board of $5,000 is unacceptable. If her offer was accepted and if they were negotiating a higher number that was agreed on, until they vote, there is a negotiation stalemate. She asked if the Board would counter her offer. Chair Grant said 50% of equity not to exceed $47,000 was the counter offer. Board Member Romelus asked what the equity in the home was. The house appraised at $177,000. The first mortgage is $64,916. There was $113,000 in equity and the only other encumbrance was only if she had a refinance cash out, which would not affect what was before the Board. Fifty-six thousand dollars would be 50% of the equity and the amount the Board would take was still $47,000. Board Member Romelus commented Ms. Hoggins Wilson was asking if the Board was willing to accept an amount below $47,000, if the Board was willing to entertain the discussion, which Board Member Romelus commented she was. 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 13, 2018 Motion Board Member Romelus would be comfortable with $15,000 for the $47,000 they gave since the new contract changed the forgiveness rate. Board Member Casello wanted to see the official appraisal before he voted. The appraisal was attached to the agenda from the prior meeting. Board Member Casello asked if the Board could table the item until they come up with a percentage. Vice Chair Katz agreed. Motion Board Member Casello moved to table the item for further discussion. Vice Chair Katz seconded the motion that passed 3-2 (Board Members Romelus and McCray dissenting.) The item was tabled to the next meeting. The members will receive all the information from Mr. Simon at their one—on-one meetings regarding the amendment, original contract, the appraisal, and how to help. Board Member Romelus agreed the information should be discussed at their individual meetings as she had no information and wants to move forward. C. Project Update 211 E. Ocean Avenue At the last meeting, the Board considered, due to a lack of activity, issuing a Notice of Default and Demand Letter to have the deed for the property returned to the CRA under the terms of the reverter agreement. The letter was issued, however, 30 days has not passed so no action needs to be taken at this time. There will be a special meeting held March 20th and the Board could take further action to effectuate the clause then. As a result of the letter, Tom Carney contacted Attorney Duhy and Attorney Ken Dodge and Mr. Simon to explain their feelings they are not in breach of agreement. They explained they cannot change course on behalf of the Board and in order to stop the reverter process, they would have to appear. They are present at the meeting and they had advised they were prosecuting their application with due diligence. Tom Carney, 15 SE 5th Avenue in Delray Beach, Attorney for Florida Shovel Ready Project, was present due to the letter regarding the reverter clause for 211 E. Ocean property. He thought there was a lot of confusion as they have been proceeding diligently and already have $400,000 invested in the project. Steve Labov from Shovel Ready will explain the process. Steven Hankin, Counsel in New Jersey and the proposed operator of the restaurant, Tim Gagliano, owner of Osteria Salina in Delray, were present. Steve Labov, CEO of Shovel Ready Managing Member, 630 N. 3rd Street, Philadelphia also having an office in Delray Beach, explained he believes they have been diligently proceeding with the project. They submitted a building permit in accordance with their agreement. Subsequently, questions came back, which they answered. New questions were raised which were also answered. Between each of those questions, additions were 12 BOYNTON 'CR- .t, CRA BOARD MEETING OF: April 10, 2018 OLD BUSINESS AGENDAITEM: 13.A. SUBJECT: Discussion and Consideration of Payoff of CRA Homebuyer Assistance Program Mortgage between Lasendra Hoggins Wilson and the CRA SUMMARY: On October 10, 2017, as part of the Public Comments portion of the agenda, Ms. Noggins requested the CRA Board to review the terms of her Homebuyer Assistance Program (HAP) Agreement and consider waivers and/or changes to the agreement in order for her to relocate her family to a more desirable, family oriented neighborhood (Attachment 1). On November 14, 2017, CRA staff presented the existing terms of Ms. Hoggins's HAP Agreement to the CRA Board (Attachment 11). The CRA Board agreed to amend the agreement to allow the option of renting the property and capping the equity the CRA receives from the property at $47,000 should the property be sold to an income qualified buyer (a family whose income does not exceed 120% of median household income for Palm Beach County) in the future. An Amended and Restated HAP Boynton Beach Community Redevelopment Agency Homebuyer Assistance Program Agreement was approved and executed by the CRA Board and Ms. Noggins on December 12, 2017 (Attachment 111). Meeting minutes of the December 12, 2017 Board meeting are also attached (Attachment IV). On February 13, 2018, the CRA Board approved the subordination of its mortgage in order for Ms. Noggins to refinance the property. The refinancing will allow the necessary improvements such as flooring, landscaping, and general repairs in order to rent the property. Additionally, Ms. Noggins made a request to the CRA Board if they would be agreeable to accepting a reduced amount to payoff the CRA HAP mortgage. The CRA Board advised her to come back with a reasonable offer (see Attachment V). Based on the refinancing breakdown from the lender, Ms. Noggins is offering the CRA $5,000 as the financial consideration to satisfy and release the existing $47,000 HAP silent Second Mortgage (see Attachment VI). FISCAL IMPACT: To be determined by the Board CRA P LAN/P ROJ ECT/P ROG RAM: 2016 Boynton Beach Community Redevelopment Plan CRAAB RECOMMENDATION: N/A CRA BOARD OPTIONS: To be determined based on discussion and consideration by the CRA Board. ATTACHMENTS: Description D Attachment I -October 10, 2017 Minutes D Attachment II - November 14, 2017 M inutes D Attachment III - Excuted Amended and Restated HAP Agreement D Attachment IV - December 12, 2017 Minutes D Attachment V - February 13, 2018 Minutes D Attachment VI - Request from Lasendra Hoggins Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 10, 2018 Board Member McCray congratulated the CRA Staff on the CRA Annual Report, it was a job well done, colorful, eye catching, and good for distribution. 10. Consent Agenda A. Financial Report Period Ending March 31, 2018 B. Monthly Purchase Orders C. Approval of CRA Board Special Meeting Minutes - March 13, 2018 11. Pulled Consent Agenda Items None. Motion Board Member Katz moved to approve. Board Member McCray seconded the motion that unanimously passed. 12. Public Hearing 13. Old Business A. Discussion and Consideration of Payoff of CRA Homebuyer Assistance Program Mortgage between Lasendra Hoggins Wilson and the CRA (Tabled 3/13/18) Motion Board Member Casello moved to remove from the table. Board Member McCray seconded the motion that unanimously passed. Board Member McCray asked what the CRA was legally bound to regarding this item. He wanted to know where the item was headed as the owner appeared before the Board several times Kathryn Rossmell, Board Counsel, responded that presently the CRA agreed to subordinate its interest in her property to a refinancing and the CRA agreed to allow her to refinance. The question is whether the CRA wants to reduce the amount she owes, but there is no legal obligation to do so. If Ms. Hoggins Wilson refinances, per her contract, she would owe $47,000 and possibly some interest. The requirement for Ms. Hoggins Wilson to repay the CRA was already in the agreement. Attorney Rossmell pointed out since Ms. Hoggins Wilson was in the home for a number of years, and depending on whether she sells to an income qualified buyer or a non-income qualified 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 10, 2018 buyer, the amount may be reduced depending on the circumstances as there are stipulations for individuals living in the home for a certain amount of time, the amount decreases. Board Member McCray asked if the CRA would have any input regarding any new owner or if the CRA would rely on what Ms. Noggins Wilson is doing. Attorney Rossmell responded the CRA can evaluate the income and criteria of the potential buyer pursuant to the grant. Staff could only conduct an evaluation of whether the buyer was qualified to keep the grant. The grant would remain in place. The offer to the CRA was $5,000 in lieu of the $47,000. Ms. Lasendra Hoggins Wilson, 508 NW 12th Avenue hoped all received her information and gained a better understanding of her offer. She still had the same offer, but at the last meeting, the Board made suggestions and she wanted to know what their thoughts were. Board Member Casello was upset about her definition of a grant she felt like it was a loan, contending it could be waived. Board Member Casello explained every grant has stipulations as it is taxpayer money and pointed out her request was to forgive up to $42,000. Board Member Casello felt the CRA should not be in a position to forgive the grant since it was taxpayer dollars. The Board agreed Ms. Noggins Wilson could refinance or rent the property. He suggested when she obtained funds from the refinance, she invest it back into the property to improve its future value and recoup all the funds. Ms. Hoggins Wilson explained she was referring to how the grant was originally written as the grants were forgiven after a certain amount of time and the recipient was allowed to be released from the contract. She understood grants have stipulations, but the one she has will always involve the CRA whether she walks away from the property or stays. Either way, it is a loss for both parties. She was trying to do the right thing by asking permission to return the property with no strings attached. If the CRA does not agree to it, the CRA is still a part of the property. At one point, she was concerned it would set a precedent, but people have already walked away and short sold. The CRA did not get out of the deal what was put into it and she did not think her request was unreasonable. Board Member McCray asked how long the grant was for and learned it was for 30 years. Ms. Hoggins Wilson has lived in the home for 11 years. He commented when the Board accepted short sales, it opened a window. He did not want to open another window. Chair Grant had reviewed the amendment and if Ms. Hoggins Wilson sold between year 6 and 20, the CRA gets 50% of equity if she sold to a family that exceeded the medium household income. He explained the Board would not know what they will do it they take the $5,000 buyout, and she could sell it to someone who is not a qualified buyer and make a windfall. Ms. Hoggins Wilson inquired if the Board was genuinely concerned about who moves into the neighborhood and what they do. It would be great if she would find a buyer, but 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 10, 2018 she did not think she would with the activities that are occurring in the neighborhood and that was why she did not attempt to sell the home. When she was speaking to various organizations, the home could be used by individuals or families to get situated or for displaced families that do not have anything right now. It appeared to her the CRA wanted to have a part in it, and if so, why make the offer if the CRA would not entertain it. Chair Grant asked what the CRA would get if she sold to an income qualified buyer, noting clause six only says if she sells to a non-income qualified buyer. Attorney Rossmell explained generally income qualified is below the median income and the section was out of sync. Chair Grant commented the CRA defines an income-qualified buyer as a family whose income exceeds 120% of median household income. If Ms. Hoggins Wilson sells to a non-income qualified buyer, they are not subject to any repayment on the grant. Attorney Rossmell agreed and commented it may be a scrivener's error. Section 5A, defined a non-income qualified buyer whose income exceeds 120% or refinances, the full sum is due back. There was ambiguity in the amendment. Based on the rest of the contract, it appeared Section 6 contained a scriverner's error. The only logical way to read it, was it should be if income is less than 120%. It would have to be corrected. Section 5A was that ruling paragraph that governed the sale to a non-income qualified buyer or a refinance. A refinance indicates the full sum of the grant plus 4% interest is due. During the refinance, Chair Grant asked if the Board could accept something less than the amount owed plus the 4%. Attorney Rossmell explained the Board could take any sum less than as the language acts as a cap. Vice Chair Romelus thought a decision should be made and any precedent should be unanimous for Ms. Hoggins Wilson and other grant recipient. Ms. Hoggins Wilson wants to refinance the property, get money from the equity, improve the home and rent it. The Board is okay with that, and the Board was not asking for a stipulation if she chooses to refinance the home and rent it. Her concern was displacing one family for another in a bad situation. If that was still the stipulation on the table, she was willing to leave it at that. Motion Vice Chair Romelus so moved that Ms. Hoggins Wilson could refinance the property and move on and the Board would not assess any stipulations on her refinance or rental of the property. If Ms. Hoggins Wilson sells the home, the agreement stands as originally stated. If the Board could not take a lesser amount, it will remain per the contract in an amount up to$47,000 at the time she sells. Board Member McCray seconded the motion. Ms. Noggins Wilson explained that was the original case and that was already in place. She was present because she was offered the opportunity to have a buy-out. When she went to the bank, they had the same ideas as the Board. Even with a refinance, when the bank looks at it, the debt still stands, and she cannot refinance. Either way she owes the $47,000 as it states in the addendum. Board Member Romelus asked if a letter could 6 Meeting Minutes Community Redevelopment Agency Board Boynton each, Florida April 10, 2018 be written explaining Ms. Hoggins Wilson does not owe anything if she refinances and the debt only applied if she sells the property. Attorney Rossmell responded they could and explained the Board could amend the agreement. Ms. Noggins Wilson will take it to the Bank. Attorney Rossmell summarized per the current agreement, if Ms. Noggins Wilson refinanced $47,000 comes to the CRA. Per the motion, if the motion passed, the agreement will be changed to result in the refinance repayment being taken off the table, and she would only owe money if the property is sold. The motion would clarify the definition of qualified and non-qualified income. That unanimously passed. B. Consideration of Addendum to Purchase and Sale Agreement for 211 E. Ocean Avenue, a/k/a Magnuson House Motion Vice Chair Romelus moved to approve. Board Member McCray seconded the motion that unanimously passed. D. Consideration of Boynton Village, LLC Compliance Audit This item was previously tabled. D. Consideration of Parameters for an RFP/RFQ for Redevelopment for CRA Owned Parcels within the MILK, Jr Boulevard Corridor Chair Grant noted there were multiple comments from CRA Advisory Board on this item. Board Member Katz favored moving forward with the RFP/RFQ based on comments from the community. He favored mixed uses although not exclusively. If someone wants to have just commercial, he was fine, but he wanted to cast the net at setting an investment value with a combination of land and money as there is $1.2 million available and leaving it as an open campus. He had no intention of building something for a defined purpose when the market does not support it at this time at this location. He wants a broad RFP to see what comes back The Board did not have to accept all ideas, but a narrow focus would turn off potential investors. Board Member McCray agreed. Chair Grant wanted an opportunity to have equity for the community and the only way to do so is through ownership. The original RFP discussion was for a design build and the CRA could ask for a maximum build price and have the ultimate say who owns the property. In the past, the CRA has not done well. He referenced the Little House that has no tenant and the Magnuson House that does not have a permit approved. Chair Grant commented this is a historically black community. The taxpayers in the HOB were paying 7 BOYNTO immiBEACH C d CRA BOARD M EETING OF: September 8, 2020 OLD BUSINESS AGENDAITEM: 14.C. SUBJECT: Discussion and Consideration of Relief Options for Grant Payoff Requirement in CRA Home buyer Assistance Program Mortgage between Lasendra Hoggins Wilson and the CRA SUMMARY: On February 13, 2018, the CRA Board approved the subordination of its Homebuyer's Assistance Program (HAP) mortgage in order for Ms. Noggins to refinance her property located at 508 NW 12th Street, Boynton Beach, FL 33435 (Attachment 1). The refinancing provided funding for the necessary improvements such as flooring, landscaping, and general repairs in order to rent the property. On April 10, 2018 the CRA Board agreed to a Second Amendment to the HAP Agreement (Attachment II & III). The Second Amendment (Attachment IV) outlines the provisions of the grant if the property was sold to a qualified/non-qualified buyer. It also allowed Ms. Noggins to refinance the property without repayment of the original grant in the amount of $47,000. However, the CRA Board did not agree to Ms. Noggins' request for a reduction of the original grant amount from $47,000 to $5,000. Ms. Noggins refinanced the property on July 15, 2019 in which the CRA subordinated to the first mortgage (Attachment V). Ms. Noggins is requesting that the CRA Board consider the following: • reduction of the original grant payoff amount of$47,000 • reduction of the original grant payoff amount based on the number of years of occupancy The request being made by Ms. Noggins did not include any specific amounts or supportive documents (Attachment VI). FISCAL IMPACT: To be determined by the Board CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: To be determined based on discussion and consideration by the CRA Board. ATTACHMENTS: Description D Attachment I - February 13, 2018 Minutes D Attachment II - March 8, 2018 M inutes D Attachment III -April 10, 2018 Minutes D Attachment IV -Second Amendment to HAP Agreement D Attachment V -Subordination Agreement- Hoggins D Attachment VI - Request for Reduction in Grant Payoff- Hoggins Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida September 8, 2020 Board Member Hay moved to approve. Vice Chair Penserga seconded the motion. The motion was clarified as amended for the NOP and the $25K. The motion unanimously passed. B. Consideration of Resolution No. R20-04 Adopting the CRA Budget for Fiscal Year 2020-2021 Ms. Hill explained this was the Resolution to adopt the budget for FY 20/21. Chair Grant requested a motion to adopt as stated. Motion Board Member Hay so moved. Board Member Romelus seconded the motion. The motion unanimously passed. C. Discussion and Consideration of Relief Options for Grant Payoff Requirement in CRA Homebuyer Assistance Program Mortgage between Lasendra Hoggins Wilson and the CRA. Mr. Simon explained the recipient requested the item be moved forward. She had appeared in February 2018 and CRA agreed to subordinate the HAP mortgage so Ms. Hoggins Wilson could refinance the home. The refinancing was to provide improvements to rent the property, which the Board also allowed her to do without penalty under the terms of the grant. On April 10, 2018, the Board approved a second amendment to the HAP Agreement with if the property was sold to a qualified or non- qualified buyer and to refinance the property. There was no agreement to reduce the grant from $47K to $51K. The property was refinanced in July 2019, and the CRA subordinated to the first mortgage. She requested the Board consider the original grant payoff amount and offered a formula reduction based on how long she owned the property. She was trying to sell the property and if sold any debt outstanding would be paid off. Ms. Hoggins Wilson, 508 NW 12th Avenue, appreciated the Board's help and commented she was not able to refinance the full amount, as the bank would not allow the $47K to be given and it was added back into the debt. She has another child going off to college and no longer needed the home. It was difficult to sell the property. If she pays back the $47K, she would not have anything with which to purchase a new home. She asked if there were any options. Chair Grant felt with the first-time income qualified buyer, he would take no money and wish them well building home equity and wealth. If selling to someone looking to rent out the property, he did not think the Board approve it. He thought 10 years was a third of the outstanding amount. He hoped the home would be sold to a first-time homebuyer. Ms. Noggins Wilson explained when she approached the Board the last time, the 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida September 8, 2020 repayment amendment was removed and if sold to another income qualified, she did not have to pay it back. She favored selling to an income qualified family. Chair Grant asked about the second part, if she could not find an income qualified buyer. Board Member Romelus asked why the clause was removed. Attorney Duhy commented it was not removed, it was clarified. The terms were as they are. It was written differently, as Ms. Noggins and the Board had a different interpretation. The Board could amend it. Motion Board Member Romelus moved to amend the contract to include the clause. Board Member Hay seconded the motion. There would be no repayment if sold to a qualified low-income buyer. The motion unanimously passed. Mr. Simon inquired if Ms. Noggins sold to a non-income qualified buyer, if she would pay back the $30K. Ms. Noggins countered with a $15K repayment. There were no objections. Motion Board Member Hay moved to accept Ms. Hoggins terms. Board Member Romelus seconded the motion for discussion. She asked if the amendments were permissible with the program, if they could continue the program. Attorney Duhy explained the program is no longer offered. She thought there was no limit on what the home could be sold for and the amendments were legal. The motion unanimously passed. D. Consideration of the Second Amendment to Fund the Increasing the Quality of Life Program of Habitat for Humanity International (d/b/a Habitat for Humanity of South Palm Beach County Ms. Shutt presented the item. Habitat for Humanity was to complete the items in the grant agreement for the above program for completing three new single-family homes: one detached, one duplex and a villa. They completed three neighborhood revitalization program and conducted homeowner and educational workshops. They are asking for 120 days for the last unit at 110 NW 6t" Avenue. The duplex was completed and they are awaiting the Certificate of Occupancy. The difficulty was getting the volunteers to complete the home amid the pandemic. Habitat requested to have the unit completed and CO date moved from October 15, 2020 to February 15, 2021, taking the holidays into consideration. Staff agreed and the draft amendment was attached. The Habitat for Humanity representative was present. Motion Board Member Hay moved to extend the deadline. Vice Chair Penserga seconded the motion. The motion unanimously passed. 14 BOYNTO immiBEACH C d CRA BOARD MEETING OF: January 6, 2020 NEW BUSINESS AGENDAITEM: 15.A. SUBJECT: Consideration of Terms of the CRA's Homebuyer Assistance Program between Ian and Tosi Rigby and the CRA SUMMARY: On December 16, 2019 the CRA received a letter from past grant recipients of the Homebuyer Assistant Program (HAP), Ian and Tosi Rigby(Attachment 1). The CRA Board approved the Rigby's HAP application and purchase assistance grant in the amount of $50,000 on December 9, 2008, to be used for the purchase of a new home located at 717 NE 2nd Street (see Attachment 11). The Rigbys have owned the home for approximately eleven (11)years and are forced to relocate from the area due to family circumstances outside of their control. Under the terms of the HAP Agreement and Promissory Note (Attachments I11, IV &V) the following conditions apply if they were to sell the property: • Upon the sale of the Property, during years six(6)through twenty(20)of ownership, Borrower shall pay fifty percent (50%)of the equity in the Property to Lender. During years twenty-one (21)through thirty(30), Borrower shall pay fifteen percent (15%) of the equity in the Property to Lender. • In the event that the Grantee(s) sells the property to a non-income qualified buyer (a family whose income exceeds 120% of median household income for Palm Beach County), leases the property, refinances the property or does not reside in the property as their full- time residence, the full sum of the Grant plus four percent (4%) annual interest from the date of this agreement shall be due and payable. The Rigbys accept the term of repayment in full of the CRA's original grant amount and are requesting that the CRA Board waive the fifty percent (50%) equity share upon the sale of house as well the interest charge of four percent (4%)as described above. CRA staff supports the request to waive the fifty percent (50%) share of equity, however, staff is less eager to release the four percentage (4%) interest fee if not sold to an eligible buyer. The purpose of the repayment term was to maintain a cycle of affordability for at least 20 years. If the house could be sold to an income eligible buyer, the four percent (4%) interest charge would not apply. CRA staff is more than willing to assist the Rigbys to conduct the income eligibility verification of qualified, mortgage approved buyers in order to save the four percent (4%) interest charge on the grant. FISCAL IMPACT: To be determined by the Board CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRAAB RECOMMENDATION: N/A CRA BOARD OPTIONS: Option 1: Approve the request made by Ian and Rigby to accept repayment of the CRA's HAP grant amount and the waiver of the fifty percent (50%) equity share upon the sale of house and the interest charge of four percent (4%) if the house is sold to a non-income eligible buyer. Option 2: Approve the request made by Ian and Rigby to accept repayment of the CRA's HAP grant amount and the waiver of the fifty percent (50%) equity share upon the sale of house as well as the interest charge of four percent (4%) if the house is sold to an income eligible buyer. Option 3: Do not approve the request made by Ian and Rigby to accept repayment of the CRA's HAP grant amount and the waiver of the fifty percent (50%) equity share upon the sale of house and the interest charge of four percent (4%) if the house is sold to a non-income eligible buyer. Option 4: Other terms and options as determined by the CRA Board. ATTACHMENTS: Description D Attachment I - Letter D Attachment II - Property Aerial Map D Attachment III - Minutes 12/9/08 Approving Ridgy HAP D Attachment IV - HAP Grant Agreement D Attachment V - HAP Promissory Note Ian &Tosi Rigby 717 NW 2"d St. Boynton Beach, FI 33435 561-460-1541 December 16, 2019 Dear Boynton Beach CRA & Board: I am writing to request that you please waive the penalty of 50% of the equity on our property and 4% interest annum on the $50,000 grant we received in May of 2009. We are willing and understand that we must repay the $50,000 grant upon the sale of our home and our main objective would be to sell to another qualified buyer. We have resided in our home for nearly 11 years and have truly enjoyed it. We regret that current circumstances with my father needing to now reside with us and relocate from the Bahamas makes us compelled to sell our home. My father is a paraplegic and has suffered a double amputation. Unfortunately, our home is not handicap nor easily wheelchair accessible and all 3 bedrooms are on the second floor. We also have 2 children and my father would need as much of his own space as we can possibly provide in a bigger home. It wasn't until his health took a turn for the worst that I realized as his only daughter it is best that he moves here with me in the U.S. My father would have better healthcare and opportunities that do not exist in the Bahamas for someone with his condition. I addition to our ordeal, hurricane Dorian has significantly impacted our finances by having to support our families in the Bahamas and the ones that are also displaced here. We are at your mercy and are heavily depending on as much funds as possible from our home's equity upon the sale to put down on another home. Considering our predicament, we would need our mortgage payments to be as affordable as we have been accustomed to for over 10 years. Please consider waiving the penalties due to these unusual, life changing circumstances. We have always maintained constant employment and have never been delinquent on our mortgage or any loan for that matter. We also wish to be remembered with good characters as appreciative grant recipients of the CRA. Appreciatively, ;4�A — -- Tosi Rigby Ian Rigby Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 6, 2020 what he was doing. Board Member Penserga agreed with Board Member McCray and commented he favored the extension. Vice Chair Katz explained it was important the developer be aware of the Board's perspective. Mr. Camalier explained there will be a new owner if the buyer takes advantage of the opportunity zone. They sent 1,300 marketing packages to every large developer they could find. The rents in Boynton Beach are not anywhere near surrounding cities. He thought the site should be attractive, but if building a new building, it cost the same amount of money in Boynton as it does elsewhere. He noted 500 Ocean had some internal issues and rents were reduced. It was a problem because 500 Ocean was the only comparable in the downtown. He thought all should work together and he committed to being more transparent. Board Member Romelus agreed. Vote The motion unanimously passed. Attorney Duhy clarified the amendments were to the TIF, Purchase and Development Agreement and all deadlines will remain the same. Mr. Simon requested a motion to allow the Chair to sign once the amendment is approved by legal and counsel for the developer rather than having to bring it back to the next meeting. Motion Board Member Romelus so moved. Board Member McCray seconded the motion. The motion unanimously passed. 15. New Business A. Consideration of Terms of the CRA's Homebuyer Assistance Program between Lan and Tosi Rigby and the CRA Mr. Simon explained the individuals were first time homebuyers purchasing the property at 717 NE 6th Street, who received down payment assistance from the CRA in 2008. They have been in the home for 11 years and want to relocate. Under the existing agreement, they are required during the first six to 20 years of ownership, the buyer shall pay 50% of the equity to the CRA and years 21 to 30, the buyer would pay 15%. If the owner sells the property to a non-income qualified buyer, they would be responsible to pay some of the grant plus 4% interest from the date of the agreement. The Rigby's will pay back the $50K to the CRA and they are requesting the Board waive the 50% of their equity share on the sale of the home back to the CRA and the 4% interest charge on the amount of the grant. 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 6, 2020 Chair Grant supported waiving the equity because they are paying back the loan. They desire to sell to a qualified buyer and he would support waiving the 4% interest on the loan. Board Member McCray also supported the request. Motion Board Member McCray so moved to waive the 50% and 4% interest, and they will try to sell to a qualified buyer. Board Member Romelus seconded the motion. The motion unanimously passed. Board Member Romelus inquired who built the homes and learned it was the Delray Beach and Boynton Beach Faith Based Community Redevelopment Agency, and the City, through the Development Department. The CRA offered the down payment assistance, and anyone who could provide the house at a certain price and had an income eligible buyer would get the assistance. This was also done in the preserve and scattered infill housing, and a little bit like Ocean Breeze West, except in the latter, the CRA invested in the site infrastructure instead of individual closings. The homes could be modified to be handicapped accessible. B. Consideration of an Interlocal Agreement between the Boynton Beach CRA and Solid Waste Authority of Palm Beach County Ms. Shutt explained this item was through the Blighted Property Program through the Solid Waste Authority. This is the fourth year receiving the grant. The CRA increased the grant award through the years. This is for site work and demolition for two properties the CRA will be addressing. The CRA is one of six entities awarded out of 14 who have applied through the County. The agreement is similar to what the Board approved last year, except for the properties and the grant amount. Staff and Legal Counsel reviewed the documents and sent them back with some changes. The direction is for the Board to approve the draft interlocal agreement and authorize the Board Chair to sign on final Legal review since they may not be able to wait until the February meeting. The grant is dispersed in two parts: upon signing the agreement and then again on the last activity. Chair Grant questioned if the temporary Library would be demolished. Mr. Simon explained when the application was submitted to the Solid Waste Authority, the intent was to issue a Request for Proposal. This would be an incentive for the agency using grant funds to pay for the demolition, that they would have to pay for otherwise. It is providing a cleaner site for the developer, which would expedite the process. Chair Grant commented there was nothing there and nothing there for years; it was a building that has been used and could be used. The Board does not know how much it would cost to fix it or tear it down. Mr. Simon asked if the intent was to RFP the building or occupy it. Chair Grant thought the City had needs that the building could accommodate. He queried if the building had to be demolished if the Board accepted the grant. Ms. Shutt explained this was specifically for the building. Before staff submitted the grant, they asked City staff about converting the property and what the cost would be to convert the building. 14 BOYNTO BEACH o CC d CRA BOARD M EETING OF: March 9, 2022 NEW BUSINESS AGENDAITEM: 17.C. SUBJECT: Consideration of Modifications to the Terms of the Homebuyer Assistance Program Grant Agreement between Ian and Tosi Rigby and the CRA SUMMARY: On December 9, 2008, the CRA Board approved Ian and Tosi Rigby's HAP application and purchase assistance grant in the amount of $50,000 to be used for the purchase of a new home located at 717 NW 2nd Street (Attachments I & 11). The Rigbys have owned the home for approximately thirteen (13)years. On January 6, 2020, the CRA Board approved the sale of the Rigby residence and waived the Promissory Note requirement of fifty percent (50%) equity share and four percent (4%) interest payment to the CRA if the Rigbys tried to sell the property to an income qualified buyer (see Attachment 111). However, the Rigbys never sold the property. On February 28, 2022, the CRA received a letter from the Rigbys requesting the CRA Board consider a waiver and/or change to the Promissory Note in order to refinance the home without repayment of the entire principal balance and interest and allow them to utilize a small portion of the equity to pay debts, bills, and other financial obligations (see Attachment IV). On March 2, 2022, the CRA received the loan estimate from M&T Bank that outlines the terms of the refinance (see Attachment V). Under the terms of Promissory Note (see Attachment VI) the following conditions apply if they were to refinance the property: • Borrower elects to refinance the Property, Borrower shall repay the entire principal balance in full to Lender, together with interest at four percent (4%) per annum calculated from the time of purchase of the Property. If the CRA approves the refinance, as requested, the CRA will be required to execute a subordination agreement. Under the terms of the CRA's Subordination Policy (Attachment VI 1) the following conditions apply: • The CRA does not support the owner using equity for any items other than the house itself. If the purpose of the new loan is home repair or reasonable improvements, the need must be substantiated by an inspection of the property by a CRA staff member and a contract for the proposed repairs must be furnished by the homeowner. • The CRA will not subordinate its mortgage for owners attempting to obtain a line of credit or consolidate debt, as this would enable them to increase their debt for purposes other than home improvement. If the owner wants to refinance the first mortgage at a lower rate and/or for a shorter loan term, the CRA may subordinate if: 1. Additional money isn't being borrowed (unless its purpose is for home repair or reasonable improvements). 2. The resulting housing cost (P I T I) does not exceed the housing cost (P I T I) calculation of the original loan. 3. The new loan is for a fixed rate. FISCAL IMPACT: To be determined by the Board CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRAAB RECOMMENDATION: N/A CRA BOARD OPTIONS: To be determined by the CRA Board ATTACHMENTS: Description D Attachment I - HAP Grant Agreement D Attachment II - Property Aerial Map D Attachment III -January 6, 2020 Agenda Item & Minutes - Rigby Request to Sell D Attachment IV - February 28, 2022 Rigbys Letter Requesting Approval of Refinancing Terms D Attachment V - Rigby Good Faith Estimate D Attachment VI - HAP Promissory Note D Attachment VII -CRA Subordination Policy Meeting Minutes CRA Board Boynton Beach. Florida March 9, 2022 Ms. Shutt presented the item for infill housing. The request was to transfer the land to Habitat for Humanity. This was the property they acquired at the last auction. This is the property down the street from the property they previously gave Habitat. Motion Board Member Penserga moved to approve. Vice Chair Hay seconded the motion. The motion passed unanimously. C. Consideration of Modifications to the Terms of the Homebuyer Assistance Program Grant Agreement between Ian and Tosi Rigby and the CRA Mr. Tack commented the Board had previously approved this award to the above for $50K for a new home at 717 NW 2nd Street. They have been in the home for 13 years. On January 6, 2020, they approved a sale and waived a promissory note if they would try to sell property to an income qualified buyer. On February 28t", the CRA received a letter for the CRA to consider a waiver or change to the promissory note to allow them to refinance the home without repayment of the entire principal balance and interest and use a small portion of the equity to pay debts, bills and outstanding obligations. Under the note, there were conditions that apply if they want to refinance the property. If they refinance, they have to repay the entire principal balance in full to the lender with 4% interest per annum calculated from the time of purchase of the property and if the GRA approved the refinance, the CRA will have to execute a subordination agreement. Under the terms of the subordination policy, the CRA does not support the owner using the equity for anything other than the house. If the purpose of the loan is home improvements or maintenance of the property, the property has to be inspected by a CRA staff member and a contract for the proposed repairs must be provided by the homeowner. The CRA will not subordinate its mortgage for owners attempting to attain a line of credit or consolidate debt as this will enable them to increase their debt for purposes other than home improvement. If the owner wants to refinance the first mortgage for a lower rate or shorter term, they can do so under certain conditions which he read. The individual has to own the home for 30 years. This is a legacy thing. Chair Grant requested the Board remove the second lien on the property so they can do what they like. Motion Vice Chair Hay so moved. Board Member Romelus seconded the motion. The motion passed unanimously. The Board forgave the principal and did not collect on the interest. D. Discussion and Consideration of a Consent and Funding Agreement between the CRA, the City of Boynton Beach, TD BANK, N.A., and Centennial Management Corp.ANelis Landing Apartments, LLC for the MLK Jr. Boulevard Corridor Mixed Use Project 29 BOYNTO immiBEACH C d CRA BOARD M EETING OF: April 12, 2022 NEW BUSINESS AGENDAITEM: 17.13. SUBJECT: Consideration of a Waiver of the Right of First Refusal for the Property Located at 508 NW 12th Street, Boynton Beach, FL SUMMARY: On February 13, 2018, the CRA Board approved the subordination of its Homebuyer's Assistance Program (HAP) mortgage in order for Ms. Noggins-Wilson to refinance her property located at 508 NW 12th Street, Boynton Beach, FL 33435 (Attachment 1). The refinancing provided funding for the necessary improvements such as flooring, landscaping, and general repairs in order to rent the property. On April 10, 2018, the CRA Board agreed to a Second Amendment to the HAP Agreement (Attachments II & 111). The Second Amendment (Attachment IV) outlines the provisions of the grant if the property was sold to a qualified/non-qualified buyer. It also allowed Ms. Hoggins- Wilson to refinance the property without repayment of the original grant in the amount of $47,000. However, the CRA Board did not agree to Ms. Noggins-Wilson's request for a reduction of the original grant amount from $47,000 to $5,000. Ms. Noggins-Wilson refinanced the property on July 15, 2019, in which the CRA subordinated to the first mortgage (Attachment V). On September 8, 2020, Ms. Noggins-Wilson requested that the CRA Board reconsider a reduction of the original grant payoff amount of $47,000 based on the number of years her family has occupied the home. The CRA Board approved the waiver of the grant payoff ($47,000) if the property was sold to an income qualified buyer. However, if the property was sold to a non-income qualified buyer, the payoff of the grant would be reduced to $15,000 instead of the original grant amount of $47,000. The Third Amendment was executed with all other terms and provisions of the Program grant to remain in full force and effect (Attachments VI & VI 1). Ms. Noggins-Wilson currently has a sales contract on her home with an income qualified buyer (Attachments VIII & IX). Pursuant to paragraph 7 of the Homebuyer Assistance Program Agreement the CRA has the right of first refusal to purchase the property at the fair market appraised value (Attachment X). Based on the previous decisions of the CRA Board, it has been the Board's desire for an income qualified buyer to purchase this property. Ms. Noggins-Wilson is requesting that the CRA Board waive the CRA's right of first refusal to purchase the property so that she may proceed to close on the property under the current sales contract. 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 discussion by the CRA Board. ATTACHMENTS: Description D Attachment I - February 13, 2018 Minutes D Attachment II - March 8, 2018 M inutes D Attachment III -April 10, 2018 Minutes D Attachment IV -Second Amendment to HAP Agreement D Attachment V -Subordination Agreement- Hoggins D Attachment VI -September 8, 2020 M inutes D Attachment VII -Third Amendment to HAP Agreement D Attachment VIII -Sales Contract D Attachment IX - Buyer Income Qualification D Attachment X - HAP Agreement Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 13, 2018 C. Discussion and Consideration of Subordination of the CRA Homebuyer Assistance Program Mortgage between Lasendra Hoggins Wilson and the CRA Mr. Simon explained the item pertains to the grant agreement and promissory note and mortgage that the CRA Board will provide for a re-subordination, in the event Ms. Wilson refinances for a lower interest rate or other acceptable term. She was requesting approval to resubordinate only at this time. This would allow the new loan to stand in front of the CRA's grant and the Bank to have re-subordination approval prior to closing. If a signature is needed, Ms. Wilson agreed to provide the documents for signature. Board Member Casello asked how many other properties participated in the Homebuyer's Assistance Program (HAP). Mr. Simon responded in three to four years, there were 35 to 40 HAP recipients and some foreclosed due to the downturn in the market. He explained a small percentage of the recipients experienced foreclosure or returned to the CRA because there were issues such as those that surfaced regarding the Preserve. He advised the CRA no longer offers the program. Motion Board Member Romelus moved to approve. Board Member McCray seconded the motion that unanimously passed. D. Consideration of Pathways to Prosperity's Grant Application for the Boynton Beach CRA Non-Profit Organization Grant Program Thuy Shutt, Assistant CRA Director, explained on September 27th, the Board approved starting the program for the new fiscal year, specifically for economic and business development categories which support non-profits with projects and programs that create jobs in the CRA in furtherance of the CRA plan. The Notice of Funding was published both in print and digital formats. Flyers were created in three different languages and two pre-submission workshops were held: one in October and the other in November. Three non-profit organizations attended and staff reached out to other organizations in the CRA District. The three non-profits have programs and/or business locations within the CRA District. On December 1 st, Pathway to Prosperity (P2P) submitted for their Circles of the Palm Beach program. The application was included in the meeting materials and gave details of the application and the program, which was a more holistic approach to address poverty via financial literacy, education and training, increased educational skills, job training, and homeownership. Several results were indicated in their application where there were participants wanting to own their own businesses and some of those participants already had home-based businesses. The application indicated they would like to create a full-time Incubator Coordinator position with the grant funding. P2P sought 45%of the requested funds for the Coordinator's salary, which is about$25K. The request is within the 10% allotted for the program and the maximum allowed was $32K. Two funding evaluation committee meetings were held on December 19, 2017, and January 16, 2018, which included a presentation from the applicant to the Committee. The 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 13, 2018 Board Member Romelus asked if the Board recently issue an RFP for MLK. Mr. Simon explained not since the failed response from NuRock. Board Member McCray pointed out one person wanted a pool hall on MLK Jr. Boulevard, and cautioned if one is opened, the Board was inviting problems. Vice Chair Katz agreed the focus of the discussion should be about commercial or retail, not very specific businesses. The area has to walk before it runs and the CRA cannot dictate what businesses will locate to the area. Board Member McCray suggested sticking with a mixed-use RFP and bring it back to the Board. Information will be presented at the March meeting regarding the MLK corridor to fine tune points in the RFP for the April CRA Advisory Board Meeting. Board Member Romelus requested including language in the RFP indicating there will be a community partnership and working with local business to incorporate them into what is newly constructed. She wanted to ensure the CRA encourages prosperity and growth along MLK and allowing for businesses currently there to be viable. Mr. Simon indicated there was a request from Ms. Hoggins to revisit item XIII C for comments from her. Lashendra Hoggins Wilson, 508 NW 12th Avenue, explained she was not present for the approval of the item earlier in the meeting, but she wanted clarification on what was approved. It was explained the subordination was approved so she now had the ability to refinance. She asked if the approval was for remodeling or cash out to pay down debt because there are specifics in the contract. Chair Grant explained the Board did not have any specifics regarding the subordination. The CRAs position will be behind the new loan that could be used for whatever funds she could get from the equity she had. Ms. Wilson explained there was an offer regarding the possibility of a write off or buy out of the CRA contract. She was unsure it was still under discussion. Chair Grant explained if Ms. Wilson wanted to make an offer, the Board would listen. She was still speaking with the lender and they questioned what the amount was. Chair Grant recalled the CRA was entitled to 50% of the equity, up to $47,000. He asked if the Board was willing to accept a sum less than $47,000 so she could own her home free and clear with one mortgage instead of two. Ms. Wilson was certain the bank would not give her the $47,000. Chair Grant explained the Board would review any reasonable offer.. 15. CRA Advisory Board A. Approval of CRA Advisory Board Meeting Minutes - January 4, 2018 B. Pending Assignments 1. None C. Reports on Pending Assignments 1. None 19 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 8, 2018 Board Member McCray moved to approve an extension by the first meeting in May. Board Member Casello seconded the motion that unanimously passed. C. Discussion and Consideration of Payoff of CRA Homebuyer Assistance Program Mortgage between Lasendra Hoggins Wilson and the CRA Mr. Simon explained at the February 13th CRA meeting, the Board supported a request to subordinate a CRA second mortgage of $47,000 which equated to the initial amount given through the Housing Assistance Program (HAP). At the end of the meeting, Ms. Hoggins Wilson approached the Board with a request to negotiate a reduction in the amount of the CRA second mortgage to an amount to be brought back to the CRA. The request does not change the Board's original motion of subordination of a refinance. Lesendra Hoggins Wilson, 508 NW 12th Avenue, wanted to discuss an option suggested by her bank, which she presented to the Board via email. She also included a copy of the 1003 application showing the amount she would get back, what would be paid off in the refinance and what she would have available. Ms. Hoggins Wilson explained her refinance included everything and she would get back $8,000 of which she offered to give the CRA $5,000. The total amount to get out was between $10,000 and $12,000. She advised she received a letter from the Florida's Hardest Hit program indicating as of April 1st, she will have a third lien for $3,500 after the program conducted a title search. She would receive no funds from a refinance, but she wanted to still move forward. Ms. Hoggins Wilson explained the Hardest Hit program assists the h,omeowner when their pay decreases by 10%, a homeowner loses theirjob or has their hours reduced, by paying the mortgage for a specific period of time and the homeowner does not have to make the payments. The program also imposes a silent lien on the property which is forgiven after so many years. This occurred in 2007 or 2003. So far she was been forgiven $7,000 or $8,000. She spoke to them earlier in the day requesting an actual payoff amount and she should have something by Friday. Board Member McCray requested confirmation Ms. Hoggins Wilson would clear $8,000. Ms. Hoggins Wilson responded if all went though and they waited until April 1st regarding the third lien of $3,500 because the loan is forgiven each year on March 31st, therefore she could only close on or after April 1st, otherwise she would owe them $7,000. He asked about the Board accepting $4,000 and Ms. Hoggins Wilson receiving $4,000. She did not know if the opportunity would come again. She explained even though the documents show the obligation is a silent second, they are still counting the $23,500 as debt going against her loan to value. It would not matter if she paid the CRA off or not, they would still count the amount as debt. She explained if she has something in writing stating she was going to pay the CRA debt off, she would be relieved of$23,500. It does not change how much money she would receive, it only allows her to pay the loan back to the bank. 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 8, 2018 Board Member Casello recalled the home was not Ms. Noggins Wilson's primary residence and she was improving the home to rent. Ms. Hoggins Wilson responded the goal was to refinance the property, get money out to improve the home, which would total about $8,000; however, being that was not what she would receive, she will have to wait longer to put the house on the market. Board Member Casello summarized the HAP program gave her $47,000 six years ago, they approved allowing her to refinance and at the last meeting approved Ms. Hoggins Wilson renting the property if desired. Ms. Noggins Wilson agreed. She was now before the Board offering $5,000 on the $23,500, which is left. Ms. Hoggins Wilson explained she signed on the house in 2005. Prior to that, the CRA HAP program forgave the loan at 10% each year depending on the loan amount and after 10 years, it was paid. The year she signed for her home, because it took two years to build, she signed a different contract, and the home was no longer paid off in 10 years. She was forgiven in tiers and she is at the 50% tier because she was in the home for 10 years. Mr. Simon explained there is no forgiving the $47,000. The Board negotiated an amendment at the last meeting to allow Ms. Hoggins Wilson to rent the building and the Board would accept no more than the $47,000 if she sold the property. The 50% split was a split on the equity earned after the $47,000 and her first mortgage would be paid. She owes the CRA$47,000. She is offering $5,000. Over the course of the HAP, there were various iterations of the grant. Some offered a 10-year reduction per year. Others had a 30-year reduction in tiers. Some grants stayed full to the end and some reduced over 20 years at every five or 10 year block. The amount in question was $47,000. Ms. Noggins Wilson agreed. Board Member McCray requested confirmation Ms. Hoggins Wilson was requesting to move from the location due to crime in the area. She still wants to offer something. He thought the Board should be lenient and forgive the loan. Mr. Simon clarified for Vice Chair Katz if the Board agrees to the request, the payoff to the CRA at closing of her refinance would be $5,000 and the Board would have to execute a satisfaction, which would resolve her relationship with the CRA. Vice Chair Katz noted the Board already made several accommodations to the original agreement. If the Board was going to reduce the amount to $5,000, they may as well reduce it to zero. The CRA sympathized with the situation, but when the item was heard, there was concern it would set a precedent. He thought by reducing the loan by $42,000 after they amended the agreement to allow her to vacate the property and use it for income, they would wind up giving everything away that recipients ask for. Board Member Romelus inquired when the amount would be paid off and about the protocol to do so. Mr. Simon explained if she sold the property the next day for her first mortgage amount of$64,000 and the$47,000, totaling just over$100,000, the CRA would receive the $47,000 and the first mortgage would be paid off. Any amount over that 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 8, 2018 would go to Ms. Noggins. She asked if the funds would be recouped only at the time of sale. Chair Grant noted section 6 specified she could sell to another income-qualified buyer. The grants or share in the equity can never exceed $47,000. He did not think the Board was double dipping requesting the $47,000. Ms. Hoggins Wilson clarified those provisions applied if she sold the home. The contract was written so people would stay in the neighborhood and be able to afford houses in the Heart of Boynton. If she sold the house, the CRA would get a portion of the sale up to $47,000. Chair Grant commented if she refinances the house, the CRA is entitled to 4% interest plus the full $47,000. The new amendment specified the monies would be due if she sold or refinanced the home. Vice Chair Katz asked if it was her intention to rent the house and learned it was. Chair Grant noted the amendment language indicated it would apply if she refinanced or sold the home. Chair Grant was fine with refinancing and the Board receiving 50% of the equity. Ms. Noggins Wilson commented the refinance subordination was already agreed on. She was offering to be bought out of the contract. At the point in time when the suggestion was made, she did not know what it meant as she appeared for a different reason. Now that she has all her documents and she knows what she could offer, she was told to come up with a figure, which was what she was presenting. She cannot move forward unless $23,500 is paid and she has not refinanced the home. Any refinance would be subordinated, but the home would be considered paid off. She was attempting to refinance the property with conditions and the bank performed an appraisal as did the CRA. Further lengthy dialogue ensued about Ms. Hoggins Wilson's options and the contract wording. Mr. Simon explained the offer to the Board of $5,000 is unacceptable. If her offer was accepted and if they were negotiating a higher number that was agreed on, until they vote, there is a negotiation stalemate. She asked if the Board would counter her offer. Chair Grant said 50% of equity not to exceed $47,000 was the counter offer. Board Member Romelus asked what the equity in the home was. The house appraised at $177,000. The first mortgage is $64,916. There was $113,000 in equity and the only other encumbrance was only if she had a refinance cash out, which would not affect what was before the Board. Fifty-six thousand dollars would be 50% of the equity and the amount the Board would take was still $47,000. Board Member Romelus commented Ms. Noggins Wilson was asking if the Board was willing to accept an amount below $47,000, if the Board was willing to entertain the discussion, which Board Member Romelus commented she was. 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 8, 2018 Motion Board Member Romelus would be comfortable with $15,000 for the $47,000 they gave since the new contract changed the forgiveness rate. Board Member Casello wanted to see the official appraisal before he voted. The appraisal was attached to the agenda from the prior meeting. Board Member Casello asked if the Board could table the item until they come up with a percentage. Vice Chair Katz agreed. Motion Board Member Casello moved to table the item for further discussion. Vice Chair Katz seconded the motion that passed 3-2 (Board Members Romelus and McCray dissenting.) The item was tabled to the next meeting. The members will receive all the information from Mr. Simon at their one—on-one meetings regarding the amendment, original contract, the appraisal, and how to help. Board Member Romelus agreed the information should be discussed at their individual meetings as she had no 'Information and wants to move forward. C. Project Update 211 E. Ocean Avenue At the last meeting, the Board considered, due to a lack of activity, issuing a Notice of Default and Demand Letter to have the deed for the property returned to the CRA under the terms of the reverter agreement. The letter was issued, however, 30 days has not passed so no action needs to be taken at this time. There will be a special meeting held March 20t and the Board could take further action to effectuate the clause then. As a result of the letter, Tom Carney contacted Attorney Duhy and Attorney Ken Dodge and Mr. Simon to explain their feelings they are not in breach of agreement. They explained they cannot change course on behalf of the Board and in order to stop the reverter process, they would have to appear. They are present at the meeting and they had advised they were prosecuting their application with due diligence. Tom Carney, 15 SE 5th Avenue in Delray Beach, Attorney for Florida Shovel Ready Project, was present due to the letter regarding the reverter clause for 211 E. Ocean property. He thought there was a lot of confusion as they have been proceeding diligently and already have $400,000 invested in the project. Steve Labov from Shovel Ready will explain the process. Steven Hankin, Counsel in New Jersey and the proposed operator of the restaurant, Tim Gagliano, owner of Osteria Salina in Delray, were present. Steve Labov, CEO of Shovel Ready Managing Member, 630 N. 3rd Street, Philadelphia also having an office in Delray Beach, explained he believes they have been diligently proceeding with the project. They submitted a building permit in accordance with their agreement. Subsequently, questions came back, which they answered. New questions were raised which were also answered. Between each of those questions, additions were 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 10, 2018 Board Member McCray congratulated the CRA Staff on the CRA Annual Report, it was a job well done, colorful, eye catching, and good for distribution. 10. Consent Agenda A. Financial Report Period Ending March 31, 2018 B. Monthly Purchase Orders C. Approval of CRA Board Special Meeting Minutes - March 13, 2018 11. Pulled Consent Agenda Items None. Motion Board Member Katz moved to approve. Board Member McCray seconded the motion that unanimously passed. 12. Public Hearing 13. Old Business A. Discussion and Consideration of Payoff of CRA Homebuyer Assistance Program Mortgage between Lasendra Hoggins Wilson and the CRA (Tabled 3/13/18) Motion Board Member Casello moved to remove from the table. Board Member McCray seconded the motion that unanimously passed. Board Member McCray asked what the CRA was legally bound to regarding this item. He wanted to know where the item was headed as the owner appeared before the Board several times Kathryn Rossmell, Board Counsel, responded that presently the CRA agreed to subordinate its interest in her property to a refinancing and the CRA agreed to allow her to refinance. The question is whether the CRA wants to reduce the amount she owes, but there is no legal obligation to do so. If Ms. Hoggins Wilson refinances, per her contract, she would owe $47,000 and possibly some interest. The requirement for Ms. Hoggins Wilson to repay the CRA was already in the agreement. Attorney Rossmell pointed out since Ms. Hoggins Wilson was in the home for a number of years, and depending on whether she sells to an income qualified buyer or a non-income qualified 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 10, 2018 buyer, the amount may be reduced depending on the circumstances as there are stipulations for individuals living in the home for a certain amount of time, the amount decreases. Board Member McCray asked if the CRA would have any input regarding any new owner or if the CRA would rely on what Ms. Noggins Wilson is doing. Attorney Rossmell responded the CRA can evaluate the income and criteria of the potential buyer pursuant to the grant. Staff could only conduct an evaluation of whether the buyer was qualified to keep the grant. The grant would remain in place. The offer to the CRA was $5,000 in lieu of the $47,000. Ms. Lasendra Hoggins Wilson, 508 NW 12th Avenue hoped all received her information and gained a better understanding of her offer. She still had the same offer, but at the last meeting, the Board made suggestions and she wanted to know what their thoughts were. Board Member Casello was upset about her definition of a grant she felt like it was a loan, contending it could be waived. Board Member Casello explained every grant has stipulations as it is taxpayer money and pointed out her request was to forgive up to $42,000. Board Member Casello felt the CRA should not be in a position to forgive the grant since it was taxpayer dollars. The Board agreed Ms. Noggins Wilson could refinance or rent the property. He suggested when she obtained funds from the refinance, she invest it back into the property to improve its future value and recoup all the funds. Ms. Hoggins Wilson explained she was referring to how the grant was originally written as the grants were forgiven after a certain amount of time and the recipient was allowed to be released from the contract. She understood grants have stipulations, but the one she has will always involve the CRA whether she walks away from the property or stays. Either way, it is a loss for both parties. She was trying to do the right thing by asking permission to return the property with no strings attached. If the CRA does not agree to it, the CRA is still a part of the property. At one point, she was concerned it would set a precedent, but people have already walked away and short sold. The CRA did not get out of the deal what was put into it and she did not think her request was unreasonable. Board Member McCray asked how long the grant was for and learned it was for 30 years. Ms. Hoggins Wilson has lived in the home for 11 years. He commented when the Board accepted short sales, it opened a window. He did not want to open another window. Chair Grant had reviewed the amendment and if Ms. Hoggins Wilson sold between year 6 and 20, the CRA gets 50% of equity if she sold to a family that exceeded the medium household income. He explained the Board would not know what they will do it they take the $5,000 buyout, and she could sell it to someone who is not a qualified buyer and make a windfall. Ms. Hoggins Wilson inquired if the Board was genuinely concerned about who moves into the neighborhood and what they do. It would be great if she would find a buyer, but 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 10, 2018 she did not think she would with the activities that are occurring in the neighborhood and that was why she did not attempt to sell the home. When she was speaking to various organizations, the home could be used by individuals or families to get situated or for displaced families that do not have anything right now. It appeared to her the CRA wanted to have a part in it, and if so, why make the offer if the CRA would not entertain it. Chair Grant asked what the CRA would get if she sold to an income qualified buyer, noting clause six only says if she sells to a non-income qualified buyer. Attorney Rossmell explained generally income qualified is below the median income and the section was out of sync. Chair Grant commented the CRA defines an income-qualified buyer as a family whose income exceeds 120% of median household income. If Ms. Hoggins Wilson sells to a non-income qualified buyer, they are not subject to any repayment on the grant. Attorney Rossmell agreed and commented it may be a scrivener's error. Section 5A, defined a non-income qualified buyer whose income exceeds 120% or refinances, the full sum is due back. There was ambiguity in the amendment. Based on the rest of the contract, it appeared Section 6 contained a scriverner's error. The only logical way to read it, was it should be if income is less than 120%. It would have to be corrected. Section 5A was that ruling paragraph that governed the sale to a non-income qualified buyer or a refinance. A refinance indicates the full sum of the grant plus 4% interest is due. During the refinance, Chair Grant asked if the Board could accept something less than the amount owed plus the 4%. Attorney Rossmell explained the Board could take any sum less than as the language acts as a cap. Vice Chair Romelus thought a decision should be made and any precedent should be unanimous for Ms. Hoggins Wilson and other grant recipient. Ms. Hoggins Wilson wants to refinance the property, get money from the equity, improve the home and rent it. The Board is okay with that, and the Board was not asking for a stipulation if she chooses to refinance the home and rent it. Her concern was displacing one family for another in a bad situation. If that was still the stipulation on the table, she was willing to leave it at that. Motion Vice Chair Romelus so moved that Ms. Hoggins Wilson could refinance the property and move on and the Board would not assess any stipulations on her refinance or rental of the property. If Ms. Hoggins Wilson sells the home, the agreement stands as originally stated. If the Board could not take a lesser amount, it will remain per the contract in an amount up to$47,000 at the time she sells. Board Member McCray seconded the motion. Ms. Noggins Wilson explained that was the original case and that was already in place. She was present because she was offered the opportunity to have a buy-out. When she went to the bank, they had the same ideas as the Board. Even with a refinance, when the bank looks at it, the debt still stands, and she cannot refinance. Either way she owes the $47,000 as it states in the addendum. Board Member Romelus asked if a letter could 6 Meeting Minutes Community Redevelopment Agency Board Boynton each, Florida April 10, 2018 be written explaining Ms. Hoggins Wilson does not owe anything if she refinances and the debt only applied if she sells the property. Attorney Rossmell responded they could and explained the Board could amend the agreement. Ms. Noggins Wilson will take it to the Bank. Attorney Rossmell summarized per the current agreement, if Ms. Noggins Wilson refinanced $47,000 comes to the CRA. Per the motion, if the motion passed, the agreement will be changed to result in the refinance repayment being taken off the table, and she would only owe money if the property is sold. The motion would clarify the definition of qualified and non-qualified income. That unanimously passed. B. Consideration of Addendum to Purchase and Sale Agreement for 211 E. Ocean Avenue, a/k/a Magnuson House Motion Vice Chair Romelus moved to approve. Board Member McCray seconded the motion that unanimously passed. D. Consideration of Boynton Village, LLC Compliance Audit This item was previously tabled. D. Consideration of Parameters for an RFP/RFQ for Redevelopment for CRA Owned Parcels within the MILK, Jr Boulevard Corridor Chair Grant noted there were multiple comments from CRA Advisory Board on this item. Board Member Katz favored moving forward with the RFP/RFQ based on comments from the community. He favored mixed uses although not exclusively. If someone wants to have just commercial, he was fine, but he wanted to cast the net at setting an investment value with a combination of land and money as there is $1.2 million available and leaving it as an open campus. He had no intention of building something for a defined purpose when the market does not support it at this time at this location. He wants a broad RFP to see what comes back The Board did not have to accept all ideas, but a narrow focus would turn off potential investors. Board Member McCray agreed. Chair Grant wanted an opportunity to have equity for the community and the only way to do so is through ownership. The original RFP discussion was for a design build and the CRA could ask for a maximum build price and have the ultimate say who owns the property. In the past, the CRA has not done well. He referenced the Little House that has no tenant and the Magnuson House that does not have a permit approved. Chair Grant commented this is a historically black community. The taxpayers in the HOB were paying 7 Second Amendment to Boynton Beach Community Redevelopment Agency Homebuyer Assistance Program Agreement In order to further its goal of creating affordable housing opportunities, on or about April 5, 2007, the Boynton Beach Community Redevelopment Agency ("Grantor") granted financial assistance in the amount of $47,000.00 pursuant to its Homebuyer Assistance Program ("Program") to LASENDRA NOGGINS ("Grantee") to purchase real property described as: Lot 392 and 393 of CHERRY HILLS, according to the Plat thereof as recorded in Plat Book 4, Page 58 of the Public Records of Palm Beach County, Florida. Parcel Identification Number:08-43-45-21-14-000-3920 Property Address:508 NW 121h Street, Boynton Beach, Florida 33435 In exchange for the funding the Grantee understands and agrees to the following terms and conditions. It is further understood by recipient that a lien shall be placed on the real property described above. 1. Grantee states that all information submitted to the Grantor in order.for the Grantor to determine eligibility for the program is true and correct. 2. Grantee hereby states that the purchase price of the Property does not exceed $280,000.00. 3. Grantee hereby states that the amount of Program funding is not more than 50%of the cost of the Property. 4. Grantee hereby states that they have not owned a residence within the last three years prior to the purchase of the Property. 5. Grantee states that they understand that the grant amount will be secured by a second mortgage on the Property. a. In the event that the Grantee sells the property to an income eligible buyer (as that term is defined by the Program)the full sum of the Grant shall be due and payable at closing. In the event that the Grantee sells the property to an income ineligible buyer the full sum of the Grant plus interest of 4% annum from the date of the initial grant (described above) shall be due and payable at closing. b. Grantee may refinance the property without repayment of the Grant, providing Grantor agrees to subordinate the mortgage and records an appropriate Subordination Agreement evidencing same. Nothing in this paragraph affects Grantee's obligations to repay the Grantor in the event Grantee sells the property. 6. The Grantor reserves the right of first refusal to purchase the Property at the fair market appraised value. Grantee must notify Grantor in writing of their intent to sell. The 00972703-1 Grantor shall have 45 days from the date of receipt of intent to sell, to exercise the right to purchase. Grantor shall notify Grantee in writing of the decision. 7. Grantee acknowledges that it has received a Mortgage Deed for Gap Mortgage Assistance and Gap Mortgage Promissory Note, recorded in Book 21633, Page 1029 of the Official Records of Palm Beach County, Florida and is familiar with, understands and accepts the terms and conditions contained therein as well as the terms and conditions contained in this Agreement. Grantor: G ra ntee: BOYNTON BEACH COMMUNITY LASENDRA NOGGINS REDEVELOPMENT AGENCY r CRkair Signature Date Date: 00972701-1 This Instrument was prepared by: Kenneth W. Dodge,Esquire Lewis,Longman&Walker,P.A. 515 North Flagler Drive,Suite 1500 West Palm Beach,Florida 33401 Telephone: (561)640-0820 SUBORDINATION OF MORTGAGE AGR ENT THIS SUBORDINATION AGREEMENT(the-Agreement")is made this IL day of '1019 by the Boynton Beach Community Redevelopment Agency,a Florida public body corporate and politic created pursua, t to Section 163.356, F.S.(the"CRA")in favor of Cardinal Financial Co.,Limited Partnership(the"Bank"). WITNESSETH: WHEREAS, the CRA is the owner and holder of that certain promissory note and mortgage in the original principal amount of Forty Seven Thousand and 00/100 Dollars ($47,000.00), executed on April 17, 2007 by LASENDRA HOGGINS(the"Mortgagor"),which Mortgage was recorded April 5,2007 in Official Records Book 21633, Pages 1029 of the Public Records of Palm Beach County, Florida (the "CRA Mortgage"); and WHEREAS, Mortgagor is the owner in fee simple of the property located at 508 NW 12th Street, Boynton Beach, Florida 33435 (the "Property")which is more particularly described as follows: Lots 392 and 393 of CHERRY HILLS,according to the Plat thereof as recorded in Plat Book 4,Page 58 of the Public Records of Palm Beach County, Florida. WHEREAS, the Property is encumbered by a first mortgage with Cardinal Financial Co., Limited Partnership, ("Bank"). in the original principal amount of $125,152.00 dated —SU 10 1 Le , 201? and recorded in Official Records Book 30-7 S 5 , Page 2C.,--I of the Public Records of Palm Beach County, Florida. WHEREAS,the Bank has agreed with Mortgagor to enter into a loan agreement of the first mortgage in the sum of$125,152.00 (hereinafter the "First Mortgage"), provided that the CRA Mortgage is subordinated to the Modification of First Mortgage; THEREFORE,in consideration of the sum of Ten Dollars($10.00)and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the CRA hereby represents, covenants and agrees as follows: 1. The foregoing recitals are true and correct and incorporated herein as if set forth in full. 2. The CRA Mortgage has not been assigned, pledged or transferred in any manner whatsoever other than as set forth above. 00390863-3 3. The CRA Mortgage is and shall be subject, subordinate,junior and inferior to the First Mortgage in the principal amount of $125,152.00 executed by Mortgagors in favor of Cardinal Financial Co., Limited Partnership dated 20_ and recorded in Official Records Book Page of the Public Records of Palm Beach County, Florida. 4. This Agreement shall bind and inure to the benefit of the parties hereto, their respective heirs, successors and/or assigns. IN WITNESS WHEREOF the undersigned has duly executed this Agreement on this2� day of �° 2019. Signed, sealed d delivered BOYNTON BEACH COMMUNITY in the presence of: REDEVELOPMENT AGENCY Printed I '. By:Justin Katz Title: CRA Board Vice-Chairman Printed Name: STATE OF FLORIDA t COUNTY OF PALM BEACH T „f rgoina rMment a" a edged before me on this day of 2019 by as a Boynt Beach Comm y Redevelopment Age y,on behalf of the Agency,who is ei er personally known to me r roduced a Flori a r 's Licnse as identification. t NOTARY PUBLIC :,;>a ou¢•:: THERESA UTTERBACK '�• = Notary Public-State of Florida Commission#GG 182874 '..Eos FZe,`" My Comm.Expires Feb 5,2022 Bonded through National Notary Assn. 00390863-3 2of2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida September 8, 2020 Board Member Hay moved to approve. Vice Chair Penserga seconded the motion. The motion was clarified as amended for the NOP and the $25K. The motion unanimously passed. B. Consideration of Resolution No. R20-04 Adopting the CRA Budget for Fiscal Year 2020-2021 Ms. Hill explained this was the Resolution to adopt the budget for FY 20/21. Chair Grant requested a motion to adopt as stated. Motion Board Member Hay so moved. Board Member Romelus seconded the motion. The motion unanimously passed. C. Discussion and Consideration of Relief Options for Grant Payoff Requirement in CRA Homebuyer Assistance Program Mortgage between Lasendra Hoggins Wilson and the CRA. Mr. Simon explained the recipient requested the item be moved forward. She had appeared in February 2018 and CRA agreed to subordinate the HAP mortgage so Ms. Hoggins Wilson could refinance the home. The refinancing was to provide improvements to rent the property, which the Board also allowed her to do without penalty under the terms of the grant. On April 10, 2018, the Board approved a second amendment to the HAP Agreement with if the property was sold to a qualified or non- qualified buyer and to refinance the property. There was no agreement to reduce the grant from $47K to $51K. The property was refinanced in July 2019, and the CRA subordinated to the first mortgage. She requested the Board consider the original grant payoff amount and offered a formula reduction based on how long she owned the property. She was trying to sell the property and if sold any debt outstanding would be paid off. Ms. Hoggins Wilson, 508 NW 12th Avenue, appreciated the Board's help and commented she was not able to refinance the full amount, as the bank would not allow the $47K to be given and it was added back into the debt. She has another child going off to college and no longer needed the home. It was difficult to sell the property. If she pays back the $47K, she would not have anything with which to purchase a new home. She asked if there were any options. Chair Grant felt with the first-time income qualified buyer, he would take no money and wish them well building home equity and wealth. If selling to someone looking to rent out the property, he did not think the Board approve it. He thought 10 years was a third of the outstanding amount. He hoped the home would be sold to a first-time homebuyer. Ms. Noggins Wilson explained when she approached the Board the last time, the 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida September 8, 2020 repayment amendment was removed and if sold to another income qualified, she did not have to pay it back. She favored selling to an income qualified family. Chair Grant asked about the second part, if she could not find an income qualified buyer. Board Member Romelus asked why the clause was removed. Attorney Duhy commented it was not removed, it was clarified. The terms were as they are. It was written differently, as Ms. Noggins and the Board had a different interpretation. The Board could amend it. Motion Board Member Romelus moved to amend the contract to include the clause. Board Member Hay seconded the motion. There would be no repayment if sold to a qualified low-income buyer. The motion unanimously passed. Mr. Simon inquired if Ms. Noggins sold to a non-income qualified buyer, if she would pay back the $30K. Ms. Noggins countered with a $15K repayment. There were no objections. Motion Board Member Hay moved to accept Ms. Hoggins terms. Board Member Romelus seconded the motion for discussion. She asked if the amendments were permissible with the program, if they could continue the program. Attorney Duhy explained the program is no longer offered. She thought there was no limit on what the home could be sold for and the amendments were legal. The motion unanimously passed. D. Consideration of the Second Amendment to Fund the Increasing the Quality of Life Program of Habitat for Humanity International (d/b/a Habitat for Humanity of South Palm Beach County Ms. Shutt presented the item. Habitat for Humanity was to complete the items in the grant agreement for the above program for completing three new single-family homes: one detached, one duplex and a villa. They completed three neighborhood revitalization program and conducted homeowner and educational workshops. They are asking for 120 days for the last unit at 110 NW 6t" Avenue. The duplex was completed and they are awaiting the Certificate of Occupancy. The difficulty was getting the volunteers to complete the home amid the pandemic. Habitat requested to have the unit completed and CO date moved from October 15, 2020 to February 15, 2021, taking the holidays into consideration. Staff agreed and the draft amendment was attached. The Habitat for Humanity representative was present. Motion Board Member Hay moved to extend the deadline. Vice Chair Penserga seconded the motion. The motion unanimously passed. 14 Third Amendment to Boynton Beach Community Redevelopment Agency Homebuyer Assistance Program Agreement In order to further its goal of creating affordable housing opportunities, on or about April 5, 2007, the Boynton Beach Community Redevelopment Agency ("Grantor") granted financial assistance in the amount of $47,000.00 pursuant to its Homebuyer Assistance Program ("Program") to LASENDRA NOGGINS ("Grantee") to purchase real property described as: Lot 392 and 393 of CHERRY HILLS, according to the Plat thereof as recorded in Plat Book 4, Page 58 of the Public Records of Palm Beach County, Florida. Parcel Identification Number: 08-43-45-21-14-000-3920 Property Address:508 NW 12th Street, Boynton Beach, Florida 33435 This grant was further amended pursuant to that certain Second Amendment dated on or about March 8, 2019. That parties have agreed to further amend the Agreement to include the following terms and conditions: 1. In the event that the Grantee sells the property to an income eligible buyer (as that term is defined by the Program) the full sum of the Grant shall be forgiven and Grantor shall prepare and record a Satisfaction evidencing same. 2. In the event that the Grantee sells the property to an income ineligible buyer (as that term is defined by the Program) Grantee shall pay to Grantor the sum of Fifteen Thousand Dollars ($15,000.00),to be paid at closing, in full and final settlement of the Grant. All other terms and provisions of this Program grant shall remain in full force and effect. In the event of a conflict between the terms of the original Homebuyer Assistance Program Agreement,the terms set forth herein shall control. Grantor: Grantee: BOYNTON BEACH COMMUNITY LASENDrRA NOGGINS 7 REDEVELOPMENT AGENCY � e x s CRA Chair Signature ;, , Ct Date: ... _ ___ Date: 1 01372988—I dodoorr signature uerificar n: l � S "AS " Residential Contract For Sale And Purchase THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA EAS; PARTIES: LASENDRA C.HOGCiN,9 WILSON AND MARCUS WILSON ("Seller"), 2 and JEAN WESLY LO NIE`. TOIRE AND CRISNA PHILIP ("Buyer"), 3 agree that Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively"Property")pursuant to the tarns and conditions of this AS IS Residential Contract For Sale And Purchase and any riders and addenda ("Contract"): 6 1. PROP" RTY DESCRIPTION: r* (a) Street address, city, zip:. 508 N1 wN 12TH AVE , BOYNTON BEACH, FLORIDA 33435 8.r (b) Located In PALM BEACH County, Florida. Property Tax ID�; _ 08345211 t.00302iJ v,k (c) Real Property: The legal description IsCHIERR`€' HILLS LT 302&X93 ,_ together wvjffi all existing In�provernents and fixtures, ;nolud ng bUilt-lrr appliances, built-in furnishin n and 11 attached wall-to-wall carpeting and flooring ("Rea! Property") unless specifically excluded in Paragraph 'Pre)or 4 by other terms of this Contract. S (d) Personal Property: Unless excluded in Paragraph 11e) or by, other terms of this Contract, the foflo%ving items is which are owned by Seller and existing on the Property as of the elate of the initial offer are included in the 17 purchase: range(s)/oven{s), re frigerator(s), dlshwasher(s , disposal, ceiling fan(s), light fixture(s), drapery rods and draperies, blinds,window treatments, smoke detector(s),garage door opener(s),thermostat(s),doorbell(s), 'I9 television wall mourtt(s) and television mounting hardware, security gate and other access devices, mailbox 2; keys, and storm Shi-Ittel-s/Stora protection items and hardware("Personal Property"), 21, Other Personal Property items included in this purchase are; ,s2 4 Personal Property is included in the Purchase Price. has no contributory value, and shall be left for the: Buyer. 2L.k (e) The follovring items are excluded from the purchase: 2s 2> PURCHASE PRICE AND CLOSING 7— 2, PURCHASE PRICE tl:.S, currency):_---r 355,000.0 v* (a) Initial deposit to be held in escrows in the amount of(checks subject to Collection) ...... .. nor The initial deposit made payable and delivered to "Escrow Agent" named below 0 (CHECK CNE): (i) 0 accompanies offer orii)is to be made within (if left blank, t! tide( 3)days after Effective Cate-, IF= NEITHER BOX IS CHECKED, THEN OPTION (ii) 32 SHALL. BE D ENIEL SELECTED.. 33� CaGrovi Agent Tame. v k Address: Pham": 35 Email: Fax: ee* (b) Additional deposit to be delivered to Escrow Agent within (If left blank, than .10) r * days after Effective Date ........., } ,d (Ail deposits paid or agreed to be paid, are collectively referred to as the 'Deposit") a,�, (c) Financing: Express as a dollar amount or percentage ("Loan Amount") see Paragraph 8......... 342,575,00 4" (d) Cather: .........5 41 (a) Balance to close (not including Buyer's closing costs, prepaids and prorat?ons) by wire 42' transfer or other Collected funds (See STANDARD S} ........ . ....... .............,.. 7425,00 43 . TIME FOR ACCEPTANCE OF OFFER..AND COUNTER-OFFERS; EFFECTIVE DATE: 414 (a) if not signed by Brayer and Seller, and an executed copy delivered to all parties on or bet"ore 454 FEB 27,2022 , this offer shall be deemed withdrawn and the Deposit, if any, shall be returned to 48 Brtyer.. Unless otherwise stated, time for acceptance of any counter-offers ;hall be within 2 days after the day 17 tI e count r-offer is deliver: . 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"), r . CLOSING; CLOSING DAM The closing of this transaction shall occur when all funds required for closing are received by Closing Agent and Collected pursuant to STANDARD S and all closing documents required to be 2 furnishes' by each party pursuant to this Contract are delivered f"Closing"). unless modified by other p,cv sicns of r E;�/er Iratte�€ 1+,f Pig 'I of 12 selkrs Iii,3i5 Flu rida ea€to si�,6ridaDarASIS-6 R v.,h/2t :C 213,21 Flory .a Realtor .�a_ The°ibrida Bar, All rights resc-�ad. a �r da_,ccp r_rrletl OR BEFORE 0317QO22 53 this Co,,,trant Me Closing shall oc,,,,ur on Date"), at the time SA eMaNiNd by Te 01hosing Agertt, 5. EXTENSION OF CLOSING DATE, Ig fri, ta) k the eVent CIC)Sif nds from Buyer's IendeQQ am not availabb on Wing DaM doe to Consunwr Finandal 57 Flotecdon Bureau Closing Ui,;C.'[03Urc delivery requinemeds CCFPB ReqhymeWy K Paragraph QW is ohecknd, Loan,ApprovA has heen obtabed, and enhxAwMewdWgJs Date,sha[I be, 59 extended for SLI h period necessary to satisfy CTPB Requirement, poWded such period shall not excead 7 days. b) If an event constituting "Farce MaQlre" CaUSOS sevices essWal for Closing to be unavaileble, inClUdOg Is W2 unavaAWNy of Lit hths oissuance of hazard,wind, flood or homemvners' insureince, Closing Date silall be 63 extended' as provided in STANDARD G. 6OCCUPANCY. POSSESSION: CS (3) Ugless Paragraph &,,,b) is checked, SeHer shall, at Cdosing, deher occupancy and possession of the Property to, Bu� -et �,nts and future `C S, Also, at Closing, Seller shall have, rerno�,,ed 31: yer fi e of tenants, cccup� perSon al items and trash,front the Property and shall d�Ihver di kays,garage dc.3or epeners, ac.ress devices and code& as aplimLiu, to Buyer. If occupancy is to be delivered In, fore Closing, Su�.,/er assumes all riskn of loss �-Q to th,,e Property Wm dam of wcupapcy, shall be responsildle and We for maintenance frorn Viat dat, and W shah have acoepmd the Proper1y in Its exiskig condition as of dme of taking ocapann, see Rder T FIRE- 7 i CLOSING CCUPANCY BY BUYER. 2 �b) Eli CHECK IF PROPERTY IS SUBJECT TO LEASEQ OR OCCUPANCY AFTER CLOSING, If Propeity is 73 suyect to 2 lease(s) or any occupancy agjrbe,,n6r-.ts (inckiding seasonal ana short-term vacation rental) aRe- Closing, cir ls interd6d to he rented or occupied by thlid' parp-ies beyona Closing, the facts ands terms t,narieof shall be disobsed in Yorkirig by Seller to Buyer and copies of the YORen hangs) nal[ be delivered to Buyer, all viiflhin 5 days after Effective Date, If Buyer deter inns, in Buyer's sole discretion" that Ithe Iease(s) or terms of -7 occupamy we not ac-ceptable to Buyer, Buyer may terminate this Contract by cAlvaq cl mrTan noke of such 75 eledicn to Sellar 1NANn 5 days after recein of to abma Verns frcnr Seller, and Buyer shali be refunded thG 7- Depolt Nereby releasing Buyer and Seller from 3�1 fu,1.her oblirgat�ons under th:s Contract. Estoppel Letterfs) anNd 811 d SAW's a-1 Jiavit shail be pmvided PUSUanNO STANDARD D, except the. . ElWpel LeVens slall nw A be mcilred on seasonal or shal-tern, vacatin- rentals. F ProDerty is intended 4 be owuph by Sdk at-,, g, 7 ASS I G NAB I UTY; HECK K ON'E); Bu, r L7, m ay asig n anc We re by he re 0 used fi crn an,,z fiu-rther 1�ar�,:hty, u nde n-1,9 C o n t r a c t.: '7 ` - - - ."-- t I j rr�%,y EmQ- bw no oe rehased from loth, Lmder fts Conysc�ox Yt 1is ccf ' sc iF NO BOX 13 CHECKED, THEN SJYER MAY NOT ASSIGN TKS CONTRAC, FINANUNG 8, FINANCING: (a) T h A i s a _<s h t,a n s so on f-,c'I r a nc,�r,c ',ing,� 4 co F-�cy, as* 54 (b) Ws Vrivem is contlngee�,,t upoij within 20 (if left biank, tnen 330) days Effe,--,'�ve Date Approval Period)- �'�1) Buyer obtairing approval of a [I commWonal X,-, FH A F-1 VA or E] oher 21 (deschba) mongage loan fc, purchase of the Properuy for a (CHECK ONE): X fixed, --] adjustable, E -fixed or _r adjustable rat in the Loan Amom(See Paragraph 2(:i)), a-,an ii [tial intertest raic not to exceed MARKS It Of left 3 blank, Mean prevailing rate based upon Buyer's crediLvorthiriess). and fora terrn of j blam<, then 30,1 jf k go yews Qfnaminq'L and (2) Buyer's mcrtgagge broker or lender haWng rnebed an appraisal or a4wratNe valumhon 25 of Te Pmpef-y satisfactory to Iendeq V eiler is required by lender, ,v�hdch is sufricier�t to rnee-t the termz� requ�red, 91for lender to provide Finano hy; br Buyer and proceed to Clc5lng 97* 0!� Buyer shall make apoicaton for Finaurin g wbin ,§,, (I RR blank, then 5) days atfer Effe-Jle Date 92 and use good Tat and diligent effort, to obtain aplarmal of a ban meeting he Fkancing and ApWahal temis of Paragraph QW(l) and (2), above, (1oan Appmvall withk be Loan Appvas Period and, thereafter. to close this Contract. Loan Approval wi-Oh requires Buyer W sell other real proper`r` y shall not be considered Loan Approval C, unless Rider'V is attached. B-UyorS fc-lhlle to use good faith, and diligent eflort, to obtah Loan Approval during the Loan Apprcval Period Shall 03 be consdemd a WaWt undw the twms =s WNW. For qn,poses of Mis provision, 'difigent &ffor," includes, 44 NA A no,linni-,Le(i to, Jrnely furnishing all docurren-,s and information required by Buyer'., (i crrgage oroker and lender 125 and palng for Appraisal and ofer fees and chajes h con nehon Wt Buyerl appkahon far Financing, est, keep Seller and Broker fully inforrined abo,,.A thie stattus ,of 13,uyer's (ii) 3,.,,yer shall, upom livritter"i requ 1C7 mc;rtgage ban ypkathn,loan proces06.appraWaL and Loan App oval, inclding amy Property related conditions VS of Lopn Approval- BLIer Whohes Buyer's rnortgage broker, le, dar and Closing Agent W Wme such sWus r Enywo it 00e 2 0 12 Soon rot," PF F0QaRsa!wsAhQda8xAS€S-,3 Rev :,)e21 9 261 Fnka%QwnE a&lie FWAa Bw. AO 19MS W.. . c. and progress and release :welltnary and finally execumd cbsing disdoswes aqd WlameM statements, as 1% apwopi-We and aliovveWil, to Seller and Brolte-,. 0K)If within the Loan Approval Pedal FRjer olvarns Loan Approvah Buver shaltnolify Seller of same,in .vrithg '12 prior--o expiration of the Loan Ap,,.-rovad Poll on I-.'Buyer is unable to obtain Loan Approval within Lear, `t`I, 10 Pwioc! b'ut Buyer is satished nth Buy eKs a3lity to odah Loan Approval and procesd to Closing, Buyer shall Wks i m1wascrtize to prior.Jo he eVirdan 5 Vie Loan ApprovW Pehol. 1:5 (iv) If Buyer is unable to obtain Loan Approval Whin the Loan Approval Period, or cannot timialy rneet the ly turns of Loan Appinovan all aRer the exef'cise of good Nth and digerl e5ork Buyer my tumMak&A '~.mss ,orad Q'i i del Red ng mulmn notice of the rmbi aton to S e Her prior to expWMIon of the Loan Ap prcva 1 Period;whe retj pon.pro vi de d I Buyer is not in defauR under the form,,of this,Contact, Buyer shall be refunded the Deposit thereby releasing Buyer. 1+.r and Seller from Al further obligations under Ws Contras. ii (Q I Buyer fails w timely dalber any wrlen notice provided for 'n Paragraph 8(b)(iii) or (iv), above, to Seler p dor to eNtration of She -02n Approval PeAd, Van Buyer shall proceed fcard this Contract as tl 4"°1;_J?;n 122' Paretgraph Ste), above, had been chacked as of Me EffecMe We; pmvde? however, Seller may eleat to termhWe 123 this Contra(':r, by debeiAng wrion Whe of'twWakin to Buyer ,vItNn 3 doys after explra�,ian, of the Loan Approvi! 1. 1 Iehod and. provicled Buyer is not in default under he tems d INs Carib-aa, Buyer shaH be refunded the Depcsll� 2 -,.here.•y rebasing Buyer,and Sailer Von- 2.11 fui-ther o[:s.ga'1011S L!udz-,F ,vi) It Buyer has imey WoOded ekher wriiterr nottice provtded for in Peir .graph 8b1Q above. and Buyer thereafter fails to close this Conwac-- Deposit shall be paid-to Seller uriAss hilum to close Is due W 0)Selle,, 5 de IL.edfau[t, or inabhp to satisfy other conklendes of &K Contrach or (2) Property related coridi�ionts or.- h0,71,1 `2.1 Approval (specifickly exchdig the Apprehal valuaUcn) have not been me' n1sess such cundtions arg ,v� ved by 13r' other provitions cf HAs Contract hi wh1h evenVs)'he"Buyer shalNe minded t1he Depsk theno"Nwino BWer !31 and Seller from, all further obligatons unN der, s Corlact. 13 Asm supUonK eksting moapge (see Ridfo en D r[arms). 2 a..,, Ell (d) Pumhase n-woney We and rmrtgaga to Seller (see Rider C for ter-irs), CLOTNG COST% FEES AND CHARGES I CLOSING COSTS;TITLE INSURANCE; SURVEYHOME WARRANTYSPECIAL. ASSESSMENTS: (a), COSTS TO BE PAD BY SELLER:. :7 Cocumwdaa somp Wes and sulax cr deet if a, HONCwtomhlm Asucklon swo-pal feas 0,,mer's Polty wA WaMes I Paragaph 9py) 4 cAcka, Rnodmg anc Wer fees reewd to we We Tle seamh chaqes Qf pawgwk NQN) 0 `,'!UriiC P5 Hen sae ..'"I (I Parag-qty i 90yij or(0) is the k) Ctw Charges for FIRPTA -and repc—,trig 10 ,:&r to Closing, SaHer is unable to meetthe AS IS Maintenance Wactu,namertl as requred, by Paragrap-, 11 11 a sum eqL:al to of eusrirna-.ed costs to meet the ASS IS f-ilaintenace Requirement -shall Ice escroy-,ed -17 C.osrn-r jfaCZ!Je-'j COS51S tG. `1,,.,et AS IS khkoenance Flequkemefit eneed ,scm.,,ed a-ncurr-tSallers'ieil o'",j' 4'5 such actualcosts. Any urnwed portion of asuowed u. our', shall be re-,urned -.o S-nl!e7. 15 (b) COSTS TO BE PAID BY BUYER: W Texas and recorring fees on not&s and, rnortgages Lear, expenses 16 Recording fees for deed and finanoing staternent.s. Appraisal fees 1-119 Owrer's Policy and Charges fif,'Paraqr2ph ' (cXj) is checked) %yer's inspections sl n,;ey (and elevazJon it requirpd) Buyars a-to rn eys'fees III Lender's We polky and endorsements Ail property related lnsji-a.n-ce 1a2 HOAjCondordnium Assockton appitationlransfer Ass Owner's Policy Preffurn tif Paragraph. Z' Mrjn�cipd Hen seaTh (IParagrapir, 9(c)(ii) is checked) 9,(c)(ih) is checKed) TPLE EV( CE AND INSURANCE: At bast if left blank, then 15, or if Paragra[ ,ai is checked, Mer 5)days pAr to Chsing Dwe(nike Eviderice Deadliney a At Nsumnce com0wenkswed by a `lordly licerised title insvo, wKh legUe coples of hstrurnents listed as e=eplons attached hersto C71le Commitment") and, -ter ClosIngan, onmer's pokW W y e Wznc ae (see STANDARD A for terms) s!h;all be a- 155 obtakad and Whemd to Byer. I Stier has an o,avnek poky of We inswance cwering he ReA Prolver-ty, is Seller shall furnissh a copy-o Buyer and Closirig Agent��vtln 5day, a-f-,.er Effective Date,The oviner's titpolicy 161 premiun-1 tNe seWil"ch and Wing swkes (colledIvely, .10v;rjer's Policy a;rd Char `,, shaH be paid', as set 1�'2. fort bA am Th e Mile in surame pm rn A m c h uges far W own(s pully a n d arty In de Ks pdly will be calculated so and allocated in awoNance wAh Florida lavi, liut may be relocrted differently or, certai federal],,,, mandatec 161 chNng disclowns and other bsing documients. For puToses of t1" s Cutraw lankapal Wn smW wans a J4( By.4 WPage 3 c!12 Sons ROWCA' T K21 FQ A WAYST anj The WaS Bal ANKOWOMNM M5 swirr'l-, oi re'xns ne,',emay for Me ownwV pN&y A HE nomaine m be isand wMod ene"on fw wnremdeo 56 Hans imposed vvirsuant A Cl'ap-,ers 153, 1-,59 or 17a FA. & 1vor ui any Or agem'.,". W (CHECK ONQ M k 54 (i) Seller shaIl d2big nse Closing Agent and pay for 0%,iner's Poky and Charges, and Buyer shall pay the premimi for BuyeQ landek policy and' for dosing sarAces relatiod to to lender.r poloy, joallowsog.whinh�anmowl'tq-sh�,e�l�be paid, hy, ;,3}of to Clo•sin, _-q ��getA_E)r-such ot�-ier 171 provider(s) as Buyer may select; or 'W El 00 Buyer shaH desInate GlosirIg AgeM aml pa',, for Owner's Policy and ChaTes and charylas Ar cbshy "3 services related to Buyer's lender's, policy endoraemen�ts and loo closing; or ,7.;1`1' El (N)[MIAMI-DADOSROWARID REGIONAL PROMS ONO Byer shall designate ClosingAgent Seller shalt ,75' furnish a copy of a prbr owner's policy of he Nsumno or oQu evidence of ttle and pa,,; fees tr: (A) a 73 ccnitinu-atc)4) or update of such Uds evidence, ,,vt-k1h is acceeptable to Buyers tfle insuranse unckI r,,rritsrfor —7 {'elssue of coverage; (B)tax search; and (C) mun5pt den seansh. Byer khall obtain and pay for post-Closing, 7S continuabon and prerniUrn for Euyers policy, and Tappikable,BIyer's lender's policy. Seller swil root to be ob!Qwed 5 pay more Own S — (it let blaA. Men S200.00) for abstract conlnuaUon or btle search or reed or pe,,,ormed Q 044rig Agent. (d'j SURVEY: At hak 5 days phor 'ce- Csinyj BLIYE-',L r-ray, at Bure-i`s, exense, lrae the Real Pm�,,-.,f-rty ;52 surveyed and centTed by a mg-stemd Fbrka surveyr Survey j. 4 Sahli has -2 s'urveycovering the -Roafl Propsarty, a cWy shall be Wrn:s!-ed to E—ipr and CloAng Agent mANn 5 cps ,..Ar EAche Date, e) HOME WARRANTY: At Closmig, E� Buyer !:] Se!le- X NOk shall pay for a home warventy phn hand by at a cost not to exceed A Hcrne 116 warrany phn pmddes for repal an replacwrat cf man), A a home's meBaNcl systerns and mayr bWRq,- 27 appliances rn the event of breakdown due to normial wery and tear dWing the agreement'swarranty peric'd. 23 (f) SPECIAL ASSESSMENT9 /Q Cbsing Sekr tall pay (l)the full arnor-int oliens irinposed b,,,' apulblic bqd,,,, ("pubho body' does not Indude a Cu-,,con.1rium c,-I-Samemrte r's Assodakn)Mat we celffie? coNkmed and SO ratiAd bNore Ching and P) Te arnoul A Me puldic bM/s rimst rweM e5h1t'rN or annsmennt far an r improvement which is wkslArally wnnyeh as of Effective Date, but ti-,@n r a a n r,s��'uled m, a lien heing, Imposed or,. te Proper',.,( before Closing, Buyer Oall pay aH o1her assessnr -,c, If special assessments may, be paid in instaHmenk (CHECK ONE): yow 2K i'a) sed!'er '.-'hadl pti:"y invallmenk cze pric- and Buyer shM! py konalIments due ahn Ckskg No 1 ir,s t a,11,me n Ls pry ,.,,d o r "~l.e fU� 'n ea y s a�o f C l o s i n.-.j, s ha 11 be., , a ted. !961 El db; Selier pay in fik phor to or 0 ts dme o� Clo:sin . a,-,,,/ asses�,s-rer�,,$) by Jie pubL-,, i-,,ody 57 to be pmpl& For any, assessme,$) Qwh Me p0lia body does n-"t alkov Prepayment, 0,P-TION (a,,; snail be se d e e me� s a 1 e-,-,-c j f c r,su c h F s s 8 s e nt(s',. IF NEITHER BOX IS CHECKEA THEN DPTi 31'-! SHALL SE SELEC-11-ED. 20, Thi Par agaph 9M shall not apphl -,o P spadal ben It Nx !Iesn ir-riposed by a comin..,ni-y 21QQ pasuait to Chapor 190 FA, cr syclal awessTen'(S) imposed b." a special 6st'Cr pu'rs"a.,: 202 Chapter 1 Ba Ftwhich hen(s)or asseurneqs)ssha,l be ororated pursuant to STANDARD K, 203 IDISCLOSURES 20-d 10, DISCLOSURES: (0) RADON GAS: Radon is a naturally OCCUrrim.1 r?dioa,-ti,,,e gas that, when it is accunn,.flated ir. a -build'iing !r, sufficient gonge, "my present heaRh nsks to persons b,vho are exposed to It aver t'MeL Leveh of radon Ta, 207 xceer- fedora- I and std ta guldlahnes inpvc- been foundil in bud;been in Florida. Additionai infofniat�.cn ming re�ra�ce , ME radon and radon testing may be olrkhwd Ami your county heath depar-;rnent. _n PERIAMTS EMSCLOSURE Except as may have been disclosed by Seller to Buyer in avir�-',ten d sclosureSeller V9 does nor how bany iniproverr.ents nude In be Property vArkh were nada ,,v.thoutreqjired 1p,2=its cr made 2q pursuant to permits stich have not been proDerly dond Cir obermwise 6sposed of pursuant to SFction 553. 9, 72 F.S. If Seller Identifies pennhs wh4h have not been closed or impro%,,ements 3i-Joh were not permited, hen her inf Set]er sh all prorniptly d eliver a ES,uye.-all pla nc,viritten d)(-u menta ti on or ot �,crmaticn in Sellei's possessbn, knoWedge, cw controdl nalathng to improvernels to Me Property which are the subj'ect of such open permh.s or 2-3 L-,ripe rim itted improvements. 36 c MOLD: Meld I iatually occurrMg and May CaLMe WNT rNks or damage pr(-,,pe,7y, If Buyer is concerned or '€' desires additional it forrinatior regarding mold, Buyer or oukl contact r'-;n appropriate professional, 2.8 FLOOD ZONE; ELEVATION CERTIFCAnON: Byer is advised to verif,,y, by e-levaffor, certifhate %,/hich fl(,'Pd 211 zwe the 'Froperty is in, whetripar flood Risurance is requked by Buyer's landw, and what asthctions apply to 22Q improving tne Pro pe�-ty and in the event of casuaRy. If Propeny is in a "Speciat Rood Ha-znrd Area" X I Paga 4&12 Ban S Wa S Re;W2t I 2M' A.RekkrsT sit F 0 8 F t Ba,r i 7 of- Wastal Bamer Resowres AW designNed arna a cthmmte protected area identified by Un UQ. FAh and W&NA Servive under Me Wool Kuhr Resomms As aW die lowest loor elevatlon for the bilding,(s,)anvdior 222 Hood hawwwa Wng purpmes K bdmv rnhikurn load devation oHs Kbighle fu and Wsurane cmerage o - -,[42 U SC. §40,12a, Bqer Nationai Fboa ksurwre Pmgmni rn prWas Haod Insurance as dtefi�,ed if 2 -or 20)days, afte r nriay tapWate Ws Contrao by delivering wAttan note to Selker WtKin......(if Ieftlblank, fl C 2-1.1-1 Ef,-ec.Live,,Da1e. and Supr Ault be reknded ,the Deposit theraby rebasing,Buyer and Seller fromafl,further. 20 obligatons under his Contract, foling vh[rh BUyer accepis exisling elevaljon :)f buildings and ficod, zone 2 M "symbon d Pmpery- M9 (e) E14ERGY BROCHURE: 10jeraroMovoledges recei0ofFlohda Energy-Efficiency Rating Injornnation Broch,.re 230 requimcl by Section 551991 FK U31 f) LEADWSED PAMT: H ProperN KdAes p"1978 residential houskyj a bad-based paint dsoksure is rilandatory, 223, HOMEOINERS' ASSOCIATIONICOMMUNITY DISCLOSURE: BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEWED AND READ THE 1l100EOWNERS' 237 ASSOCIATIOWCOMMUNITY DISCLOSURE, IF APPLICABLE. PROPERTY TAX D'ISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SE'_ ERS CORREM t--,RUHERTY TAXES AS THE AMOUNT OF PROFERTYTAXES THAT THE BUYER MAYBE 0-BLIGATED To PAY IN THE YEAR SUBSEQUENT TO PURCHASE, A CHANGE OF OWNERSHIP OR RROPERTY F IMPROV00ENITS TMGGERS REASSESSMENTS OF THE PROPERTY7 4,TCOULID RESjLT HIGHER PR H OPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATIOIN, CONTACT T E 2,11 COUNTY PROPERTY APPRAISERS OFFICE FOR NFORZ,,!ATION. 02 FOREIGN INVEST11,11ENT IN REAL PROPERTY TAX ACT PFIRPTA`). Seder shain-,,orrn Buyer in whUng I,,' V 3 Selm is a "Areign person" as defined by dna Foreyn Vvestmen-, in Rest Property Tax AzC ("FIRPTA"). Buyer 2 W and Her shall comply vKh KRFTrk maj, "S;-:C Are SAW & pmvida addlonal cash at ChOng. it Seder 05 0 not a Jr Ig perscinn SAW un pm&Je Buyer, a-_ or priorto Closing, a esrtifica6,,,.,,n v' non-for? gn status, dorm Buyer and Chsing Agent that no ,vithhddhg is recuirel See STA'.,,IDNRD under penalties of parjuryOD !, 2 47 V further inforrration pprtainng -,,o FIFF',PT,,V Suyer aFd Seler an acVsed is seek legja. ccolr-.sel and tax 7 - nd vidhholding rpqui.,ernents rriu�rsua-a .m4.. ad,,Jce regaving teir respective rights, obligations,reportAg F No FIRPTA. SELLER DDISCLOSURE: ;�,j-,cyjs no 1:s myeh,N aNcAng Oe value &to Wal Pmpely wNch xly 'I not read obser/abl�� an-J, have not been c1dosed to Buyer Exceptas prov�de(�, t,w,r n me preced ser_erce and Wands no wavany and tkes no rapasamaNn cl spy ;Me, We expass c, -nplled. as to t1he rig`stal W0101 or K"My W -t.e Prc'per-y. Exce-pt. ....s C17.rerw�se schsedl�', ,vg Selle- has rec-eivec', no or verwal ro"Ca hom any gnammsnzcool ernity or agenc,,, as -c a c_;ri-erftly, xfcorrec-,ec OF code vzlation buJcing, envircrn z PROPERTY MAINTENANCE, CONDFON, INSPECT10INS AND EXAMINATIONS a711. PROPERTY MAWENANCE: :Except for ornmary WeW 21d war and CasuWj Lam, SAW shad mkMan Ke Prope perty, includngt-ut nd HrnAd 0, Qxrf, shrubbery, 2nd poo L 0 he condn -e �floxisting Gcs of Ef-e--tive Da-�e "'AS IS Ma�nrm ieae Rme eqAreAl See Paragmp 9Q) for mumv proc edurns, R aWlinebt, 11 PROPERTY ITISPECTION; RIGHT TO CANCEL-. {al PROPERTY INSPECTIONS AND RIGHT TO CANCEL: Buyer shall have G - {If left blank, then 15) -�2 to have, such inspections of the Prop�,rty days after Effective Date ("Inspection Period"' vvithin which , 2,3 perfornned as Buyer shall desire during the Inspection Period, If Buyer determines, in Buyers sole � ring discretion, that the Property 4 not acceptable to rn,Buyer; Buyer may terminate th,;s Contract by delive-nel written notice, of such election to Sellar prior to expiration of Inspection Period. If Buyer tit y 7 terminates this Contract, teposit paid shall be returned to Buyer, thcreupoo, Buyer and Sailer shall _ he D H7 be released of all further obligations under this Contract; however, Buyer shall be responsible for 2`w prompt payment far SUch inspections,In repair of damage to, and restoration of, the Propertty resuldng from such inspections,and shall provWe SAW with paid awaQ3 for all work done on the Property(the 2 - uyer exercises the right to preceding provision shall survive termination of this Contract), Unleas B 271viol tad on 0 terminate granted herein, Buyer -accepts the physical conditio'on of the Property and an, f 2,72 governmental, building, environmental, and safety codes, restrictions, or raquiren,rents, but subject to 7,11 SOW% covinuNg AS 1S Nkintenance Requirement and Buyer shall be responsible for any and all V, repairs and improvements required by Bayer's lender. 4 pae 5 A 12 -TRW 001 0 201 Foya Reakosd zrd ire FOrna 3w. Ak�kw "d _P61:_,_," 7 (b) WALK_THROUGH INSPECTION/REdWSPECTION: Ontne da.y,pno( to Clcjs�ng Date� or o:) Closing Da;,��prior to L of CbAno as spwiTed by Byer Buyer a Buyer's mpresentat'lve may perfons a wak4hrough (ano foHow-up v,a[k-tldough, I necessary) IC Vedbn of the Pnspery sohN M conhnm &at ad Rams of Pamonad 277 Property an on We Properly and to veri,y that Seller has rnainta!ned the Property as required by Me AS IS Mattenance Reclulmmerd aid has met �fll other cont-, ,,bligatiol ij, Ho SELLER ASSIPSTANCEANUCOOPERATIONIN CLOSECUTME,BUILDIN,,-,.,PE.RtMI'TS. 11 Bwyer's inspection M1 of His Propedy Ned% open or needed bukAhng penmits, ban Sellei shall piornptly deWer to Buyer ll Narn, 2 s2 written dn.curner�lation or other infonationIn SeHe-'s possession, knov,hdge.or contml radatirig A 283 jinproVocrients to the, Pr t pe. ty which are the subject of such open or ne,,,ded ."�erniits, and shall pron-ipfly 2N cooperate in Coodfaaith with Buyer s effor'.s to obta�n estirnates of repairs or other work necesepry to resolve thorz -on SLperm rml town SeHer's oUlaJc on to ooperates had include Cell:fs exec-utic n of necessay au ali S S5 con sants, or other docun necessary for Buyer to conduct hispeAhm and hme eAWMes of such repNns or work forepared, but in fuldHing such oblIgaon, So%shall no be required to expand, or become obligated, to id, any rr,.one�y, 4 expe, 2. 9 (d) ASMONMENT OF REPAIR AND TREATMENT CONTRACTS AND WARRANTES: At Buyuh opdon and 2N cost, Seller vill. at Cbsing, asgn a!! @sslgrl2bl,-, repair, treatrnent and m:an-tenanc.e cont-acis aidx.a ls -1 to Sbuyer. 0,2 ESCROWAGENTAND BROKER 24 11 ESCROW AGENT. Any ClosIng Agent or Escrow Agent ('cohar-tivedy "Agent") receiving the Deposit, Other fundS no and at iterns 4 authorized, and agrees by acceptance of then, m deposit tharr, prornpt;y, hold, sarne, in escro,,%, 291 wilin the State of Florida am, suyew to Collecdcri, disburse therm A accordaiicev/itl-, :ernns and Gild tionsof this 2�_16 Contract Fadure of Amos to becorne Colleded shall not excuse Buyert performanee, �Alben conflicting dernands 2:w7 for the Deposit ai,e receive l or Age&has a good faiM doubt as to elidement to the Deposit, Agent may take such As actions pe"Wed by this Pa ,rip 113, as Agent d.or advisalde. If in doubt as to Agents dAss or habilkies 20 under th;s Comti-act,Agent may, at L,gent% coorn conUme to hcId the matter ofthe, escrowuntii-&,-- partj&s, M agree to Is disbunk-ernen'or untii a Fina�judgrne�n' of a court of compkent junsdiction shal� cie-,e�,m�ne the rkjhts of 'u I - 1— ciicu-, court hwAN jw4diction of Me dispute. An Me palks, c, Agent may ceposk same w4h he clark & th�e K2 araney who represems a party and aho aws as Agent may represent such party in sud-i aict.on. Upon noti,ylng, ad 53 oatas concerned of soch adon all AbMy an to part of Agen: shaN fuNy AnnWat, except to the extent of accou ndng hy any kerns prenously deWered 111,.;_., asumv, I a hensed real estate broker, ea 35 Cdr dsdons of Chapter 471 RS. as amended and FREC ruts to tmey reso;vee escro,,',, throunh. g, -nediaYn Is arbhodonAnarpleader or wi escrow dkbLlsernen:order, n _ ee ver IS uand S ella r ,''.,.res 4 Agm 1 rn ad-:?.2 -�arty be--au se of ac-inn as Agen-,he r �.,Ja�3 �l[1 anypr_c or in any proceacing, where Agent inArpleads the subject maner of the esam Ageat sibald remver reasmaole - o alorney's fees and costs incurret te t z_u o bpapuran s t cD�ji� [ rder cy of we esomwed Lnds or apbaint Agent spershal not be hable to any party oi, son fcaf i-,�s-dehery C. any escrowe:d !Aml u&ess such n-101kery A on tc AgerA's oidifut breach of trnis Contract or Agents grnoss nelyernen !% Paragraph 13 shall sus ve Closing (or r 2 turnhaRn of ON CoNnan X113 14, PROFESSONAL DATE; BROKER LIABILITY: Br,, advises Buys,, and Seller to i-ehl'y Poperty conclition. W square footage, and ad star iacls and representations Rude pumuaM tothis Contract and to consu1 t appropriate 43 profession2is for legal, tax, environmental, and otner spenlelized adAce concerning matters afectjng tr-e Property Broker does not reside on tl-.,e andthe 'ransaction ccniemphted by Ns Contmot BraKer represents to Buyer that Prop :j and that all representabons (uraL YAHen or oMenmse) by Broker are band on Seller represemMcns or puNiG records. BUYER AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND 3 M GOVERNMENTAL AGENCIES FOR O'ERFMATION OF PROPERTY CONDITION, SQUARE FOOTAGE AND FACTS THAT MAT .RI LLY AFFECT PROPERTY VALUE AND NOT ON THE REPRESENTATIONS (ORAL, lemnifying, Party") each Z21 WRITTER N OOTI ERWISE) OF BROKER. Buer a ynd SeHer (IndividUalty, .,he "Ind M Individually indeninTe% hoWs ha.,m!ess, and roleas es Broker and Eloker's officers, dIrectors, aqents End U3 employees Rom, all 1.abilly for loss or damage, including ad cots and expense, and reasonable avorneys fees 41-1. 324 ad level, suNared or Incurrecd by Brok-er and Broker's ffcers, directors, agents and erricloye-7es in connection v&M or ardhig fro' claims, demse ands or causes of action jr`!St�tUwd by Byer or Seller based om (I) irraccu.-acy of nfor,7-Iaton proAded by to Indemnifying Pay (x torn public record, (ii) Inde5r;6fy;ng Party's rsstaern ent(s)or aN fahre to perForrn contractual obligaUons; (1) Brokw! perforrance, at AdernnKyng Peale re s4 of any Ask AB bepnd % smpe of services regulated by hapter 471 FS, as amended, MCILIding 113rc.er's referial, 329 reconnrnendaton or retention of any vendor fw, or on behalf c6. Ind ear-nniffying PaM; Oy pr,odats or se,rvices J3providpd by any such+,endar Iq ann belml[f of, indenird fyhg Pay;card QQ expenses incuued by any smh vsndor. /g'.427- A, Page 6 d 12 sdw Otto ME;- R" 411 A 2W Abroa Rnahw-F a-u Tne FhAda Bar Wyls 3,i Buyer and SAW each assunas ITO reWuns!Nlity for S., lckirlrgl a.,cl compensatrig rospu'3',,vo vc;ndors ar,,J n 2 paying their allur coMs underthis Contract lj%dhe.lther or nolthis transachon floses.Thk ParaWalph 14 wN nod:relieve Broker of WWWry oWjNJ[on,,s eChapier 471 FS, as amondcd. For rxwposes of this Parymph 14, Broker P1 WH be twated as a PaHy to 101 COFOOK Tht Qragaph 14 shAl survive Closing or teFruinat,,,crl of this ("or-0-ra'.m, MS DEFAULT AND DISPUTE RESOLUT110t,4 M8 15. DEFAULT: 3 R c,iBUYER DEFAULT: V Ether fails, news[ects or rerfuses to perform Buyer's obligations under thk Contraw., inciudkg payment of the Deposit, A&Nn the Unreyppecified, Stiller may elect IiD recover and retain the Deposit (-,r the awourit of Selfer as agreed upon Acphidated darnages, consideration for exeGUtiOr' cil this Contiacl and 6 fuR seMement,of any claims, whereupon Buyor and Seller shall be relieved from all further obligations under i his Cwhaa cw SAW at Selker's option, may pasurant to Paragraph 16, proceed in equity to enforce Seller's 2 unAer this CoMmct. The poWn of the Deposit, if any, paid to Ustng Broker upon default by Buyer,shall 3rlker and Cooperating Broker; proi vdec]however, oopera CtingBrers sar ok ' ha 3,<<:(. be,sort epally bemeen Listing B o yn shall net be gmaW than, 'the commissioi arrount t. .Ming Brahr had agmed 5 pay to CoWemAg Brolver, us Q) SELLER DEFAULT: 4 for any reason other than Wure of Se1hr to rnake SelEe�s title mar�e'ah re after �o fea-",jPati ulddigeW eff= SAW lh€.W wylWos or relses W pskmD SkIer's Wky,ions undo % Cundac,,- 30 Byer rnay elect to recowa return of Buyer's 11haposit WNW hereby luaNing any acUon Air cornages resukhg 32 from Seller's breach, and, pursuarv, -c Paragraph 1L3, may seek to recover such damages ur seek spntc 3performance. so Thl Paragraph 15 shan swNwe Closing or tanTination oftMN Contract. 30 16. DISPUTE RESOLUTION: Un-esoived claims and other matters in question beb.,een Buyer and 352 Seller adshig out of or relating to,this Contact or Its breach, onforcernent or interpretation ("Dlspute-)will be settle-i 6 3 foliowc ( ne, date conMdng dennando tor fh�e Depcsii, are rrinde o aaernpi to a) Buye, and Sell: W hue 10 days a'te. 3=1 tssolve ash DispA, fa hg%o/hich, 6 urye r and Se H e r s haH sub rn it such D is pute. to med ia-bon !_!n_,_. Paragra p h &,(b). 57 (b) Buye�-and Seller sha!!a-fterript to senle Disputes in an anicable manner through mediator pursuant to RoMda us Whes Ar Cethd and CourlOppoirled kledWars and Chapor Q F S.. as arriended (the 1,1e6ation, Rules.'). me=wr rov be certlad C. rnrs7 We expe:.io-ice- i-, 6-,e rea: es,at,-s 7ra- s-ought Know irst cornipy!ng %vqh Ws Paragraph 16(b). Diputes W setted to !tlris parer raph "i SO may be, rv7soi�).,�d by i-,sWing Winn 0 the appmprbe csurt havmg,jurisdiction of -he rnat-re,-. This Para.-y-ape, 32 06 shali survive Cosng a tarmkaHn of his Gonlraa r. 17. ATTORNEY�S FEEES� COST& Tne pates WH splO equIly any nodition he Tcuned in i,si rnedavio!_., pen-nitted ON by this Con-,racn and each party wil pay that own cots, expenses ard hi.,s. r--ludingj, attorne,,,:s fees, Incurred, ii. 5.,,5nduc-',i.r-g to nediatkorn in a"Qathon permitted by tn's Cointrac,,, t1re prevailing party shall be en-ided t.,, W too the non-Preva Ng party cmAs and rees, Acludog reasonable a�Aor -�y's fees, i-cu--!ed in condluctin g tha to litigallon The HmWaioh 17 shAl suNbe QoWng or Armhation of this Mein trat A. STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") 3 P� 1 S. STANDARDS: 37� A. TITLE: 0.1 TITLE EVIDENCE; RESTRICMIONS; EASEMENTS; LIMITATIONS: 1140 he We pe&d pmAded' in Paragrao 90L he We Corarnitrneny,�,vjdh legible cop;r-s off instruments Wed as onepons: atL.ached thereto,shail 53 be As.,ed and dFAi,,;ered to Buyw.The Title CommArrierh shall set folh those matters W be disHarged by SAN m m7,1 or before Closing and shall provIde i, atupon recording of the dead to Buyer, an o%ivner's poity of tltle ns'zarce `75 in Aie amount d he Purnihk nese Pe, shalite is5ued to Buyer insunng Buyer S Jtie to the Rea 1 Pmperiy, 2-7-3 subject cnto the fcHooting matters: Q) comprehnsi eve wN we plans, zoning, and other land use restrictions, -N-` prchibi_jorjS ndm a , requireents impDsed by gDvhor ernnnental autity (b) res7rictionaW mWm s ers appearkrig or a !� 378 Flat or otherwise common to Me sKdMlon; (r) outstanding oilgas and rnheral rights of record vAthoul Fight of vo enty (d) unplatted public u-,Jlity easernents of recwd Owated c=igucus to real property lines ant, no mom man me 10 hat in ;dth, as To rea, or front lines and 7 10 feet in width as to side hes); (e) taxes for year of ClosAg and M1 subseu1€ ent years: and V) assumed rnotgage: and pumha5e. nroney morgages, if ary(if additional items, attach 3 81 2 addendum) kdeed, that , none PMVeh Wa of Property f3r RESIDENTIAL PURPOSES, if tl rrsex,sts a,Closing any violation of items idenpfied' in (b)-(f)above, ten W same shalli be deenned a title daft cf. Niarketable title shall M4 be dawrinkied accoinaNg to applsabje Title Standiards adopted by autfio% of The Flobda Bar and in accordance Wi t h I'Al Of SWU S KMA Page 7 nf 12 WHO HKa SET Rw MIT 221 Fkwa ReAvad nk Me Ron Bm AM ths mawnd A%4% C 'J STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") CONTINUED (ii) TITLE EXAMNATOW Buyer shall hue 5 days aAr iece�p-,of Ti-11,19 Cor-nnnitrnent'.o exancd. e it and notify Seller -niv;ritinr)ecryrng defect(si, if any, that rencler Me unmakerable. If Seller provides TJle Cornnnitrnent and it is 381 deivered to Buyer less -than, f5, days prior to Clesinq Date, Buyer may extend CKSMg W LP to 5 days after dam or „M1receipt to exEwnirie- sarne in accordance unli 10s STANDARD Xy SeHer shall have 30 days ("( Lrre P-eriod') after recei'let of to-take,reasonable diligent efforts.to-remove defeck-If Buyrar-1,615-10 SC W halt be deer ed to have accepted He as it wen 0. If Sellor cures defects within Cure, Period, Seller vJ11 deliver 9 kvrlFtennotice to Buyer (vvith proof. or�urp acceptable to Buye-and Bup(s ,ittornt-,,r)and the parties close this Contract on Closing Date (or if, C!osing Date has passed. wilin 10 days after Buyer's receipt of -eller's notice). 11' 3 SeWr is unable to cure defects within Cure, Period, than Buyer may, wiTin 5 days after ex#rationi of"Curr Pericc-13 395 deRver vmken noke to Seller: 0)extending Cum Per€1 for a spedfied pubd not to exceed 1,20 days vrithin,,,vhich Nd Seller sh fl continue io use reasonable (Nigent eff"ort to ren ave or cum the defews rEMencled Cue PeAdy or (b) ele_�ting to -:-.-cept thle with exiting defects and close Ws Contact on Cloinq, Data if Closing Dal has 39k pasmi WK he car Ner of 1 C?days after end of Exten"d Cum PeAd or Eiuyer's recce pt of Seller's nolrce,), or fc) Nq elaKing to terminate 10s ContraM aid recti ve a refund,' of the Deposit, Wereby releasing Buyer arid Sellar Rom aH W WWOr Ob[igatiOnS Linder this Conkam. Taher reasonable d1lign!efforl.Seldet is unnable to flmee[y ru,,a defects. and -Buyer dws no vmke To dahow this CcrZract shall termiiate, and Buyer shWI receive a refund of Me lhposif_ 2 ilhereby releasirg Buyer and Seller Rom all fro-Wer obligabors under UK Contact. -nprovemerits locz.ed dhereoir. SURVEY: IT Suwey dicloses encmaAmerks on the Real Prope�,y or tnat ii ly encroadi cn satack dnec easemerls, or lands of onhers, or vlolarta any G''; 7, coveriant.s, or applica�,la, ac5 governrnental regulvions desubed in STANDARD A O)Ay (b) or (d) above, Buyu shall dehnr written notice of Az"t suCtI., r-Wen, Agether with a copy of Wey, to Belle- oot.hin 5 days a Bqzr's recelio. of Suivey, bul, ric lader thar, Csing, If Buy rimely delkws smh notice and Survey to Seller, su& matters idenrlded W the noUce and 08 Suney shall .;unsthta a Ode deAQ suYeA to owe obligations of STANDARD A above. l' Seller has delivered a prior Sell@!" shall, at BuyeCs requeK, exercut-,e an affidavil, of "no changlAo he Read PropHy kne the 41 z preparalor K such phor survey, to tire extenz-.he af-imattons therein are trUe and con-ect. C, IN,31RESS AND EGRESS: Saderreyme-its lin,,at there is ingress an,� egre-ss, to the Real Prcperzy an-d title to, 02 the Real Pnopery K ins-urable in c",CCGrdance wlth 137 ANDARD A.%xthout exception for Ack of legal right of access, — INFORWATION; Sedei shaI!, at least 10 days Pro, -to cicsinig) furn�sh W Ehyw extopel Wn mcn-1 D, LEASE I 4.en,,an ,sycccupanjs) sper;Qhg Was e,i curat;on of occuparicy, rental raWs, ad, .. ,c ren-, an,-J Ycyw pod by or�',�CcupaosQkppd LeAsIA1. 0 is urable -,,.o oibt3in suchr Esmppel Leteris) on the same ori to shaP be Annhhed by Selle. to __I Ser ,;itrdn to We pubd ir ih:� �orm of � S --rs aif7'lcav�t- and Eu,,,,er may tnerea-r,e,, _o .act lei ir„amns,,, or occupanqsj to conf!,`rn sucil irfo,rnatcn It" Estocpel o, �a'_jy, jrffer — - - h 4, S e 1!e,-'s a.ff I rrr P mr I a I�y fc,,or 5 a H s_pre a p re s e r t a I o n s a i i d I a s a q) p m v A a d p u m u a 0 zo P a ra g m p, 3, or F I-all or r ",-use te confrm Seder! affba,,!t, B-,yemay deeliver notice tD Scher in Whin 5 days aRer eceipt -,t such informadol but no Whr ban 5 dys prior tc Closimo r6-rrninatjrg this -a c�ai-d' c, and Solder fnorn a!! fut�.ha� ollbl��g,�Jon3 un':-27 Co�itf , reivt. a refund of he Deposk hereby r asirrg Euye� 02 thk Contact Seller shall, at Closhly debar and assign 0 teases to BLJ W VM0 SQU MUM `psi W'S ONIThns '2- �,nereund& E. LIENS: SAW shall funnish to BWer at Cbsing an Wdavh anestirg 0) to the absence of any Anancing 425 staverner-I., clairins ol' Hen or potental lienns to Seller awd OQ tat Mae have been no impmvements or 426 repairs ta ',be Real Property for 90 days ii-nnnediamly prec-scling Closir�.- Dam. K the Real Property has been irnpr ovec or repaked wkin that time, Seller shall deliver releases or war,,ars of oonstruction liens exE-%, by all AS general cmuradsm, socorkinvan, suppders and rnaterklmen in addlon to Seller'�� lien ei�-i,idavit setting forth Q9 names of all such general contractors, subcontractors, suppliers and materiaknen,furtner affirmng that a.l cih@rges 430 for 0proveman1s or repaim wh1h could seime as a basis a const:uctiori llen C71 _r claim foF damac, es [lase beren paid or will be pa!d et Closing, 32 F, Tfi110 We 5 of Me essence in this Corkract Calendar days, based on vahere the PropeH.y is located,shall 433 be used I compuNg W parlods. Other than We for a(�ceptance ard Effective Date as se'fortl-�In Paragraph 3, any tirn.e perbrls prvided for or dates sp.dled 0 this CoMr-acL whether prepHnts? hakwNten typewMen or inserled hereinwhich shall end or occur an a SaWrday SuKay, national legal public holiday (as defined IF,. -5 -t-3i U.S.C. Sec. 610ja", or a day onwhich a WOW hgall puWk hoddy is observed became it fell on a Saturday or Suriday, shiall exteno to,the next ca]xidar By which 1 no a Skudg, Sunday. nabonal legal pubk holiday, or a 438 day on a national legal public holiday is obsefvad. 39 G. FORCE MAJEURE: BWer or SelAr a not be mquired to exercise or perform any fight. er obligation under -"c th!s Contrac-,, or be liable. tc-, Pacn r, her for d2rnages solong as performaince, or nor--perfo-mance of 'the tr; or 6obligation,ordheva aHabilky Gist b ces, 21 surance, or reclukdap provals essential to Cb If iF di.railed delayed, Wyn S PRA5 Age 8 of 12 swor!WK 0-A aR w loNK4ii;Bi:-A w a Rwi on a K21 F or ca R S aQWNT aaa 7hs F&A a Bar Q HgAs as a yea STANDARDS FOR REAL ESTATE TRANSACTIONS ("STAN DARE)S") cct,,rrINuED 02 caused or prevented by a Fome Mfeure event 'Force Majewd' PnEans �,irric-,mvcs, floods, Welve ANOwthM W ewlquakes, Ares, or other act of God. unusual transpoilation dAys, wars, insu,"rectiuns, 661 1.9!1reS-,, of d.c- terrorlsm, Cit_vornmontal .dons and maNals. gover-Ill rs! skit dchvns, epi derics, or pandenict Won, by "5 exercise of reasonable dMgent e0q, the non,arfaming party 4 uneWe in, whole r-li,ul, pan,fc) prevent 01,ove€comle, "5 iTe Fame Majewe event wN be beamed in have be-aun on tre himt clay Me effut of the Force {vlajeve pmwnts 1-p` _._. .a n ce pedom - non-perfo('i nc;f,: '.or the @v?Ile bdhyof servicea,Mswwwe orrequired&pprovals essential to Closing. "i AH true periods affected by he Force Nlajeure event, including Closing Date, %;vill be extended a easonable time 9y"'I afte� the Force Ndajeure even-,Co longer prevents perforriance unde,,this Contract; p,ovided, lhov;ev�en Lip to 7 days 4vJ' if such Fame MQeure event contirtues 'to prevenit performance under -Jria Contract nnore than� 30 days be,,vond 51 Closing DaWher, ejther porty T-nay terminate this Contract by noliue to I.Ine othei and 0Deposit 452 shall be refunded to Buye;, thereby releasAg Buyer wd SAW,,= all further obligations under-this Contract. H. CONVEYANCE: Seller shall convey markewbile IM to the Real Property by batubry vagan", 4uske's, WA personal representabve, . or guWan's dent as appropdate to te Wn of SMY suhod unly to mw&-s -55 described 6 STANDARD A and those accepted by Buyer I' v. Properly shall, at requE,st of Suyer. be transferred by ab-,S Nil of sat Wh wa7anty of title, siubjec-t only tri su& imtes as may be pm&&d Wn Ks 45 L CLOSING LOCATIONDOCUMENTS; AND PROCEDURE- M 10 LOCATION: Closng' lt be condUCted by the aRoiia y or other cbsing agent rClosing Agentj designated by "y he pasy Pa"ng for be owmaKs Policy CA He nw-n aince and, vJ;I take phn in Te cmmy Were an Real PmpWy 15-1 '1 is locarted at Me Y® of the Closing Agent- or at swh olu location agreed M by Me patm. I Mae 1 no M a 2 insurance, Saller,,viH designate Clos +g Age-nt Closing may be conducted by mal overnight camiq or ehdrtvic means. CL OSlNG DOCUMENTS: Soler shall at or prior to Closing, execute and deliver, as, appl;cable, deed, bill of 05 sal, cert ]:�ate(s)cf ft.e or Wher documents necessary to t,.arvfertle no the Isimper-ty. constructior lien a-1,5diavit(s,), 58 ownKs possession and no Ban aMdaAqsy and assQnnienys) of leases Sedhr sAl provide Byer dth paid receipts for aB work dorie on Me PmpMy pursuant to his Contract Buyer shall Wish and pay for, as appicaNs. us the SuNey, flood el-vation cetAmbr, and &cunnen-,,, required byBuye-'s lender. 53 (0) WCEN GTO REPORTING OBILMATION, If ClosIng Agi m is requined to comply :t^ a UJ.STreasury 171 [how—Mm-14 on RM-andal Chmes EIorcement Ne-�wq-rk rKnCENV) Geogmyl 11MVing 00w(OT91 ten Ryer Shall proYde Closing Age! wAh essential Wymethon and dowments4n, reiated to 6,,.�yer arcl Ts -- I - -,ch a Owners, irclL�dingi plictc ldendfoaUon, and related to i1r, .,ransaatbn cw4moaNd b,_,,,, the Cocrract �,,/� i re 47 reqJr- d to ccnrlet,v r-andatory repotqg, -h�e CurrKoy TransacUon Report and Buyer consenis to nj Closing Agart's cclleot�o� aird repo-.-t cf said inforimat�rj- to IRS 40 Ov) PROCEDURE: The Wed skH be recorced upon Wkwun of a<! cios�n,-: fh-mds. It the Tj !e C,om.mJtma,,t pru'vidiss insurance against adverse rraters pursuant to Sea,( n 627184C F.S- as ar,�ercled, the escrov,,clos;ig 'AP �7 0 j shaH be .cake$ and tlry;Agent shall, subjeetto Collection of all closing 071 funds, disburse at Ciosing the t(okerage fees to Broker and fm net sale proceed,'.." o Seller. 1 ESCROW CLOSING PROCEDURE; IfTitle Comrnitmen'issued pursuant,.o Paragialph 9(c)d)es nct provide -,sumnce agabst adver-se rnaitFr -�,d under Secr,�on 627.78"'!1 F.S , as amen.d'ed, follov;lng Tor �r s as perrnitLf- a C escrow and dosing procedums skill spy: (1) all C,jsing proceeds shall be hold in escrow by tde 0105'rig Agent -�92 for a perod ofnot tnDre Man ,110 days after Closing: (2) If Seller's tiHe is rendered Un sr_ through no faulf ol Byer% Buyer shaH, WAn te 10 day period. noffly Sel.er in nwAh g of Me defect and Seller shall have 301 days fronn, date of receiptof such noWabon W one t1he defeclk ly 0 Sellerfail s to tmeiy cure the deeot, tl�,e Deposit arrd all Closing funds p5d by ELI, Bit Whir 5 days Her When demand by Buyer, be refunded W 13upr and, SiMLI[Ianewsly Wh Wn. ropoymer�,t, ]Uyer shall rovn the Peamb PrWerty, vwaN Te Red Pmperty aM re- 117 convey V-�s Property to Saller by special wauary deed and bill of as!, and (4) K Buyer His to nuke Way demand 48S for refund of the Deysj Buyer shall Ake He as is. weiving A! rights agans� Seller as Co arty -,,,,arvening defect excerm as aray be available to BWer by vAue of warramies contained in Me deed or bill of safle. 4IC K. PRORATIO NS; CREDITS; The following recurring items wK be Rude cu lent A apocab i) wo ryorated as of e dpIor to Closing Dam," d a, occuparicy if CjCoUparlcy occurs before Closing 0@te� real � ate taxes the -y r p s2 (inckuding speck! beneit tax assessments imposed by a CDO pvurant to Chapter 191 PS, and assessmarks Q3 imposed by spedaf dKKA(s) pursuant to ChapAr 189, F.S.), interest, bonds, association fees, irsurance, rents I S4 and other exposes of Properly. Buyer shall ha%,,e o-pdon of taking ovw exishy polbes A 0varm, I anurmble, 05 in whWh svent prenjurns shdI be prora-ted'. Cash az Cbsing shall be Inc-eased or decreasBd as may be required of by pmrations to boa made trough day pnor to ClAosing, Advance rem and security deposits, if any. ,vjll be cradited, A? to Buyer Esamv deposit held by Seller's mortgag-ee vvM bb-e paid to Seller. Taxes shelf be proraied based on CL!rren-,year s rax, If Closing ccovs on a dam what currert year's&Wge is not Wed but current years assessment, B u y I t io, Pays 9 of 12 SW3 lowr,, a F Okamoto's an 001*2W F sma Rva=ys E r d The PaWa M AN ohs resanet STANDARDS FOR REAL ESTATE TRANSACTIONS ('S-I-ANDARDS�') CONTINUED AS is eve llale, taxes b, l! be prorated based upon such assessment and phor yeaQ millegy 0 cirat years, ansessninu 6 not avd[able. Men Lixes .vill be prorated on phor year's tax, 4 thme Eu e compleld hopmvemeks P, on Ta Real PropeFly by jEM.UaTy I St of year of Closing, wlh,sch improvernonts were not 6 ekstunce ornlarnmW 1`1 year, thz-n taxes shsli be pr&orat-ad based upon por year�s rridage and au an equ.table as'sessrnent to be -12 of p. 5N agres-d ritpcn betvvaen te partht falng which, request shall be, made to tlit ounty Propemy Ap,)raiser for ,"'m e 50d, infornn-,al asse-assrent tanirg into accOU-rTt available exemptions, in all cases, clue allmvance sha!li be miade for the 5 1)S maximiUrr'l allowable discamb and aWlicaNia l"onnestead End other exemptions. A tax proration based or an esfir-n2ts shalk at eMwr pan yl regmst be madIusted upon FeCa.'�ipt -of current yea S Wx bill, This STANDARD K 5" Ball surviv: .7 sl e Closing 55 L. ACCESS TO PROPERTY TO CONDUCT APPRAISALS, INSPECTIONS, AND WALK-TI-IROUGH: Seller 59 shall upon-) reasonable notice, provide utilities serKe and access to Proper-ty for appalls and kupecti,ons, No includbg a wakAivough (or fohow-up vvalk-through if-iecessary) prior to Closing. T1 n& FUS K OF LOSS: I-: aft-,r Effective Dam, but before Ckshg. Property is damaged by I'Ve or oler casuaky H-2 ("CaIal-y Los& and cost o-, restoration (whic;h shall Mclude cost of prunTig or ren-ovlfit oamaged trees)does not To exwed of Purch;se Pnce cost of rest., ation sMll be an obIjBion of Solker and Closig othall l7i^Cs-,ad Erb terrns of-,his Ccnir-,ict lfrestoration is rat comoand as of Closim a SU'n equal In '1225�.-,,� of 2„t. at crest T.') Cornpietle' restoi-ation (not to exceed f.5% of Purchase P,ty SH be escnewed a! Gbsmg. lf eQuA coo A OF restoration. exceads escrowed amou& Seller AaH pay such act al costs (buL not 0 excess of 150D of Purchase 517 Price), Any unused portion of esmawed amount AsH be rsumec to Selier, If oost of restajon exceeds 1540 of 59 Pachase Wice, Byer shall dect to ether take Propey as is" tcgeIher with the or rece - a refUnd oftha r Sol No DeWsK thereby releashrj, Buyer and Seller Qn-i all further obligations under thio s Cntrac-L Sefle e obl,gatjon �2 -• r,,%ith respect to tee damage by caaralty or aTer nawral ocaurenca shall be cost c-pt"unirg or removal N. 1031 EXCHANGE: If either Seller or Buyer wish to enter into 9 like-1kind exch3nge (e; .ti;.::."sirnuEtaneously with _2 CIOS°,,,g Or deAUSQ Lmder SeAhn 1031 of the Inlernal Revenue Code ("Excha,-ge"I Me he parly shaHwopwate A3 in all reasonable respects to effectuate the Exchange, inclunng exectition of docurnents; provided, hooiever, be co -�,gec- E Z coopemUng parly shall ;nair no liabiliTy a,, expense reia�,*cd to the ExcMange, and Closing shed; rict 52 upon nor extended or delary�-�-,-d by, such Exchang.e. �.2 S 0. CONTRACT NOT RECORDABLE; PERSONS B'OUN['.); NOTICE; DELIVERY; COMES; CONTRACT 57 EXECUTION: Nerther mis CoNna nor arq noke of it shall be recorced in any pu�:,Iic or offt,!al Gccrds. This ` .s -,rac e s '- - ec'iv@ ih;.,,-s or sucres&.--,�rs in o�� - -, shah be tindhg on and Mum to the beneT of, the pat-, , nd tne�i n--s s� -�ensve- --,e cor=e, ermus, singular shah h0de pluml and one gencJer siall all, otice ar- K? de' it g4en by or toor. brkx QdKing suh brokers real ost3teL anyanty Ks sQK be as elative as ;f gNen by or to that par y, 1',! no,,!ces nns: be ir wJran,-J rna,,� bo mace by nad, 02 facshi�le 'rans!-�iiss on ens _,l d6bery or emal A AK01 or eboyortic ccp',y of tis Ccrrract,anc a,-,,! sgnaT.,ure8 M i' ere shaH be corlderao Ar s puToses as an ohigmal, 7h, Qntan may be WeCuted by use of ehctroni-; r.'j 11 signaturec-, as chatarm�nad by Floridds Electronic Signature Act and r--',h,-., applicable laNs 05 P. INTEGRATION; MODTICATION: Tinis Cortractcnnta�ns Is LT and complete and agreement 56 of 6 o and Seller Wth respect to the larsambn cwtemplaedl by this Contract and no prior agreen-ii.ents or representations sha0 be binding ,,pon Buyer or SeUX LMNSS inclided in Cont,Fct. No—iodlifica-hor toc,crar,�ige He in this Canted shall bi v-did or binding upon Buyar or Stier unless in whAng and executed b,i rypates intended To to be bound by 4, Q, WAIVER: Failure of &yn or SAIr to ins ht on comc;laave wfth. or stnct pe-,,orpjanc-e, o., of provislon of'his Contract, or 5 til e actvalye of my Aft uAer this Con,.-act, shot! nat corrspj,utea t&aver or Cuner provislons or- 42 rigms, e od typsoiritten R. RIDERS; ADDENDA; TYFIEVI,'RITTEN OR HANDWRITTEN PROVISiONS: Rid—rs, addenda a, Y4 or handwritten pmvitAns sMH cwVd ad WM&d proVsims 1 N Contract in coal A vMh .tiara r— S. COLTECTON or COLLECTED: Cullet .l or"Colhctsd" swans any checks tendered or raceived, including Depots, have become acwally and fihnally Qolleoted and deposited 4 the account of Escrow Agent or Clostg 47 Pgent Closing and dibursernent of kmds -and deivery ofdoing documents may be debyed by Ching Agent 48 UK such, arnounts have been Collected in Closing Agent's accounts. 50 T. RESERVED, 552 U. APPLICABLE LAW AND VENUE This CoMact shall be crstfued in _.cc-ordancia ,AJth the lanvs of the `qtr te 551 of Flo dde and verue for resolu`.J . of ad d1pums, whahw by madbtjon, arbli-a-Join or Iti-gptrcn, shall lie in 'be Ka county whwe Te Red I'minery A locatedl. 25 V, FIRPTA TAX VATHHOLMNG: I a sehr of US. real property is a Kredgn pemon" an debed by FVRPTA, 151 Section 1445 of he Internal Revenue Code rGodej requines Te buyer of the real propely to vKhcId up to 15% so of he emourt realized by Te sOw on he transfer and renut the witl,held arnmrt io the Internal Reveme Ser0ce [0/7 e. _1i or 12 SQ04 pow, Toe Forks Bw� Ad AgIS 'annam STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDAFZDS") CONTINUED (I(' S) unless an examption tote raqiiredwQhhddmg ap,,pliasor ine sellerhas oblainecia, lv�JidiholdingCe _ate 5�7 -,rom t-e IRS aukrorizing e. reduced �,mount c-f,,,,i'khhokWg. 06 No Wjiddhig is reghred and Section 1445 of Me Cade H the Seller is not a nreiqn person", Sedler ca,�r. 'H` p!,ovide proof or no o, ign sl,,,ItL]S to Buyn 4 calkery ofwdiken cert0cation syned undo penalths of pejury, stWing Von SAW is not a fusigin psmon and conAWNg SN[ere namv U.S. taxpayer ident-IfIcHimi Mnbar anrr-i Z home-address(crofficead&ress. in thezma Man eruity),as providpr1foi,in 26 CIFIR1,14i45=2(b),Ot,,ervvisc,, Buyer 52 shall witMold Is apHcable percentage of the amwount realted by Sellawn Me transfer and Urney remit said We K3 to Te IRS. D5_ (J) If SeHa is a foreign pee and has received a Whollding Certifficaize from the IRS which proddes for P�,dUC,e0 511-111) or eiimPrawd wWohing A Ohl tranation and, pr t! Same A 13"n' by CIOSAg Wn 3PW Wall WUMOW til t BE reWed sum required, If any, and timely rennit.said runds to the IRS, for zi Yli,�hoiding CeqMcam and has if pdor to Cbsing Seiler has submitted a oompieted appliscstion to the HS Q, 5112 provided to Buyer the notte rqdred by 26 CFR 1144110) (2§18) UK no Tht=ldling Cethate has bee,-] mo neceNed{as ofCbshg, Buyer shall, atClosing, witi,toldthe applicable percentageofthe amountreahzerd bysellsr To on Me transfer amt at Suver's c,-_lflon, either (a) Itinnely remi-. the withhold funds tc: 0",-, IRS or(b) dace the funds, in 571 escrcno,,. at Seller's expemse, wk an escrow agent seleo'ce,,di by Buyer and PL),'SU,-,nt to terms negotiated by the W pates, To be subsequently d4birsed A amomarKe it We VMNml,JWg CetAwe lssued try tl,,,,,- IR6 or remi'to d tl 1-1 a directly to �he IRS if y, SMIrLS application is rjecled cy upon terms so Wh A he escrow agreement. v74_ (0) in Me evmt ':ire net proceeds due SAW we net sullcient to rnset t..ie wiffincilli-g requirement(s,' in tWs R5 trarmwbon, Seller shall deliver to 134en at Closing, Me aARKnal CollectedIfunids necessary to sa(isfy the 57C appllcable requirement and Mereafter Buer yshaJ im tely rennit said funds to the IRS or escro,,l the Wds for � "7 disbursement h amodame wi�h t final dee ermlnatioil rryr fi ru IFRS, as appikable, 57�,�, (v) Upon rer,itting funds to the Iy?S pursuani,to Wis STANDARD. BLIer Will pro vAe SeHar copies >r„ Forms 572 8288 and 828M as fled, TG VT RESERVED FE; X. BUYER! WAIVER OF CLAIMS: To the exMnt perniWed by law, Buyer waives any claims agahst SWMr H2 and against, any rea"estate licensee invaNed in Me negotiation of this Contract for any damage or defects M3 pertAring to the physical con it:on of the Property that may exist at CAsing of Mh Contmct and be to subsequently discovered by the Buyer or anyone WmLng by Wough, under or against the Buyer. Ws WE provisfon does not Weve SeHees obHgaiftlon �0 corniply vvith, paragrpphi This Standard Xshaflsuilllve 511 Closing, .r_" ADDENDA AND ADDITIONAL TERNIS to, 19. ADDEN[)k Tine 1,ollcti;ing addlonal tews an hWed 0 the a_. .l ajdem_�,or ricers and inccrpora-,ed, hmo _Ns -3' 'heckifapplicable): [] A, CmAcminiud m Rer FD NL DeWe D ivywall E' X, WOW Wusie Q EY Homeonners'Aswi L fBi. Coastal Cons-,jctkon Como! U '(. Seilers Atmrn,.yAppmjval E] C! SWAr Finandna Lke Z, Buye-r's A-aorney Al'pproval Fj D, 1411gage Assurr-ption, 0. InsulatOn Discinure, AA. Licensee Proper�cy interest 19 E.FHANA Waning P. Lead PaInt Disclosure (Pre-!978) 0 3B. Bindrig ArNtratlon LA F. ApWakt Contingency 0, HomQ for OW Persms El CC. Mliami-Dade CojrK,, [] C! Shortsme R, RwoNng Special TaIng DKaf+tet Ej if HarsP.Gv;nerd Fkcod 1rT S. Lease PLrchaset' Lease Cary ,or Dsdosw� El L RESERVED Yj T. Pre-Closing Occupancy L7_ DD, Sepsonal/Var_atk_n Rentals j, lnterest-B;ah-Ig Acct u. U. Pos&Chsing Clujisancy C EE. PACE Disclosure 0 K RESERVED V Ste of Buyer's Property L. RESERVED 0A SaAop How 11 W12 v �n�-jnflc, ............. 21 ADDITIONAL TE .NIS: J_e r. ,",(-or u)ck)simluure aIwassacia,��ion @Ll � 1-11W[-'a'i -wv au' ancir— ons or cipm lws violations and oav z tslc d 0 00'.) 50 _77-7-- ......... rm:------- ---------- 5 9 6,G 2 ........... ------ 7 .......... H9 COUNTER-OFFER Seller ccunters E3uyer's off er. THIS IS INTENDED TO BE A LEGALLY BLUING CONTRACT, IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PIRMIR TO SIGNING, 6! THIS FORM HAS BEEN APPROVED BY THE FLONDA REITTORS AND THE FLORIDA BAR, En Approval of this Wm by Me F?odda Reshom and The W&W Bar does not consUude an op.,u);on ti-raf ofnne -a��f - I, - acceptd by the pardes A a parkuhr «_ v. Arms ano, tents Fnd cwdkiws A W Gon�,,, - sl�&,,,Id )-,- condwors a34 i... bi,�� rasad zyon tha respechve int,--ne'sis, oc�i-..."er"ds. --,,,J in'ter e-s'Leci pqm._-. 104 ASTERISK i,—, F0L1_0VVNG A LNE NUi`,!SizER !N3 T7z N=ARGiN !,',1DkCATES -,;-H,-- DiN,_-_' ',�ONTAINNS 4, E;L,NK TO "BE Cji,,,,IETEcul, Buyer, Data Fab 25. 2022 �2 Euyer Doe: FA, 25, 2,)�22 MITI,--- IWM F' �22 Sell rP �2;iL Buyer's address for ourposes of nmice Seller's address for purposes of notice W 1140 17TH AVE' N 488 508 NA112TH AVE LAKE WORTK Q 33460 BOYNTON BEACH, FL 33435 BROKER: Whrg and Cooperating Brckers, if any, narned belooi (collectively, "Brarer"), are the ontLy, Brokaarss 59 enthd to corngens a.ion A cowedon Wh tnis Contract. It siruction tO, CIOSiF'g Agent: Sel!er and I Bye di r e c t Closing Agent to diburse at CIosinr,, the fW1 arnount of the brokerage has as spece`ied in separalie brcAerage agreements with the palls and cccperadva agreement baNwen the Bmkws, except to the ekent Bmker has ,etain ed such fees F._t is the escro4,ved funds.This Congacz.s-iah not rnodiry,any MLS o-other off er of cur pensatim 1 rryde by SeHw or LW13 Broker to CooperatIng Ehakers. DENNIS .. ROWli,,J LASEI,,4DRA Ti LQ,_N C351 Cooperating Sales Associate, if any Listing Sales Associate E30 CONDNEWML PROPERTIES: NC EMT RERAY PREMIER 637 Cooperating Broker, if any LIsUnq Broker Page 12 FWaReAus-WWW820 Rey 1121 A 241 FUNa ReNomf art Tie FbQa So. WaYs nwou,, COMMUNITY 2001 Blue Heron Blvd, W, PARTNERS Riviera Beacn, FL. 3 404-5003 OF SOUTH FLORIDA 56 ,8413500 April 5, 2022 Thuy Shutt Boynton Beach Redevelopment Agency 100 E Ocean Ave. Boynton Beach, FL 33435 Dear Ms. Shutt: Please accept this letter on behalf of Jean Lormestoire and Crisna Philippe. Per my review of the household income is $98,442.92 yearly, family size of five and this household is 88% of AMI. This is including bonuses and overtime; they both vary and are estimated on ytd income. The property of interest is 508 NW 12th Ave, Boynton Beach, FL 33435 and the buyer's income is less than 120% AMI for a family of five. Please feel free to contact me at 561-841-3500 ext. 1003 or vier --,gtc.c with any questions or concerns., �mm Sincerely, S ' F Odessa Walker Housing Program Manager �tiACN c fi °G2 �LORI�A Annual Income Limits for West Palm Beach and Boca Raton Metropolitan Statistical Area (MSA) FY 2021 Area Median Family Income $80,200 (HOME up to 80%; SHIP up to 140%) Number of Extremely Low Very,Low Low Moderate Moderate Income Persons in Income Income Income Income (140%) Household (30%) (50%) (80%) (120%) 1 $18,000 $30,000 $47,950 $72,000 $84,000 2 $20,600 $34,250 $54,800 $82,200 $95,900 3 $23,150 $38,550 $61,650 $92,520 $107,940 4 $26,500 $42,800 $68,500 $102,720 $119,840 5 $31,040 $46,250 $74,000 $111,000 $129,500 6 $35,580 $49,650 $79,500 $119,160 $139,020 7 $40,120 $53,100 $84,950 $127,440 $148,680 8 $44,660 $56,500 $90,450 $135,600 $158,200 9 Refer to $59,920 $95,872 $143,808 $167,776 10 HUD $63,344 $101,350 $152,026 $177,363 The maximum sales price for a property is $331,888 HUD Released 4/1/2021; Florida Housing Finance Corporation Posted 4/14/2021); *Effective April 1, 2021 May 4, 20214:00 PM _k MORTGAGE March 23, 2022 Jean Lormestoire Crisna Philippe 1140 17th Ave N Apt 8 Lake Worth, FL 33460-6589 Congratulations! We are pleased to inform you that we have approved your loan application subject to our receipt and approval of the items listed on the attached Conditions Addendum. This approval is for the loan terms and property listed below. Purchase Price: $ 355,000.00 Loan Amount: $ 348,570.00 Loan Type: FHA Loan Term: 30 years Interest Rate: 4.125 % Type: FHA Fixed Rate Property Address: 508 NW 12TH AVE, BOYNTON BEACH, FL, 33435-3060 Please see your Loan Estimate for an estimate of the fees and charges that will apply to your loan. This Conditional Commitment expires on 5/18/2022. If your loan does not close on or before that date, we will be under no obligation to make the loan. This conditional commitment will terminate and we will have no obligation to make the loan or any other loan to you if any of the following occurs: ■ An adverse change in your financial condition or in the condition or value of the subject property. ■ Any information is found to be inaccurate, incomplete or to have been misrepresented. ■ Any fact or circumstance is discovered that may adversely affect the value of the subject property or our lien on the property. ■ Any potentially unusual, irregular or suspicious activity is detected with respect to you or your loan, deposit or other accounts or relationships with us. • Your name (or any derivation of it) appears on a list of suspects issued to financial institutions by the Office of Foreign Assets Control, the Financial Crimes Enforcement Network,the Federal Reserve Board, or any other governmental entity or agency. ■ At our discretion, we may require updated information if what we received becomes outdated. If your loan is not closed and disbursed by the original lock expiration date we may also require your rate lock period to be extended. Thank you for applying with us for a mortgage loan. We hope that you will use Regions Bank for all of your financial needs. If you have any questions concerning your loan or this commitment, please contact me. Sincerely, Cheryl Banks Mortgage Loan Originator NMLS# 572872 (561)685-5618 ❑• '❑ Jean Lormestoire Pagel of 4 — 1 0048120595 REV:08118 COMMITMENT LETTER io11 C o � mx , O C>- `Nm 0o—Q O C V1 o °' r O U-0 TO ° 4 �+ o C C o I N[6 w U > LLJ O N om�� U 00 �—>'m o 0A �E?:mu E cn - A y o Vl O C"O pt O_� �y O O oDOO o�U U .r .r A y p m.p. N M CO Lu :cv U L"FM . I o .N I U .N 2»_,coi>, y t Cry •.fir V >.v'O 0 y � .r eCS � c gz O ��Oyy Sr U O°E 0, m m m a LLJ z v >p c F om m o-CD'Oo U A V �" I n-,LU .'O 0A mF o U- y y O Sr mN 0 cn O O Sr mm°> y ,. M, O OOa 7 D O-U L u O '000 >.' err 3 i a)o QU m O >°°T Oy �r o _ �+ y O)L) 0 _ [6 a) G � .N O QN y - r U CC N N 16 aha W1 U _ vwwmmw 0 N CH o �o QE m QU� xy pOa) 0 0 r Amended and Restated Boynton Beach Community Redevelopment Agency Joinebuyer Assistance Program Agreement In order to further its goal of creating affordable housing opportunities, on or about April 5, 2007, the Boynton Beach Community Redevelopment Agency (Grantor) granted financial assistance in the amount of $47,000.00 pursuant to its Homebuyer Assistance Program (Program) to LASENDRA NOGGINS (Grantee) to purchase real property described as: Lot 392 and 393 of CHERRY HILLS, according to the Plat thereof as recorded in Plat Book 4, Page 58 of the Public Records of Palm Beach County, Florida. Parcel Identification Number: 08-43-45-21-14-000-3920 Property Address: 508 NW 12`h Street, Boynton Beach, Florida 33435 In exchange for the funding the Grantee/s understand and agree to the following terms and conditions. It is further understood by recipient that a lien shall be placed on the real property described above. 1. Grantee/s state that all information submitted to the Grantor in order for the Grantor to determine eligibility for the program is true and correct. 2. Grantee/s hereby state that the purchase price of the Property does not exceed $280,000. 3. Grantee/s hereby state that the amount of Program funding is not more than 50% of the cost of the Property. 4. Grantee/s hereby state that they have not owned a residence within the last three years prior to the purchase of the Property. 5. Grantee/s state that they understand that the grant amount will be secured by a second or third mortgage on the Property. a. In the event that the Grantee/s sells the property to a non- income qualified buyer (a family whose income exceeds 120% oil'median household income for Palm Beach County), or refinances the property, the full sum of the Grant plus interest of 4% annum from the date of this agreement shall be due and payable at closing. 6. Grantee/s state that they understand that upon the sale of the property to an income qualified buyer (a family whose income exceeds 120% of median household income for Palm Beach County) within the first five(5) years of ownership, the Grantee/s must pay eighty percent (80%) of the equity (determined by a fair market appraisal) to the Grantor. During years six (6) through twenty (20), fifty percent (50%) of the equity shall be payable to the CRA. During years twenty-one(21) through thirty(30), fifteen percent (15%) of the equity is payable to the CRA. The Grantor's share of equity is due at closing. In no instance shall CRA's share of equity exceed $47,000.00. 7. The Grantor reserves the right of first refusal to purchase the Property at the fair market appraised value. Grantee must notify Grantor in writing of their intent to sell. The Grantor shall have 45 days froln the date of receipt of intent to sell, to exercise the right to purchase. Grantor shall notify Grantee in writing of the decision. 8. Grantee acknowledges that it has received a Mortgage Deed for Gap Mortgage Assistance and Gap Mortgage Promissory Note, recorded in Book 21633 Page 1029 of the official record books of Palm Beach County, Florida and is familiar with, understands and accepts the terms and conditions contained therein as well as the terms and conditions contained in this Agreement. For Grantor: For Grantee/s: BOYNTON BEACH LASINDRA NOGGINS COMMUNITY RFIDEVE;I-OPMFN"l, AGF. _yY I\i 'iit'g jl - byI IE r`.j tkls: Date: 12- f Date: l c /.. BOYNTO immiBEACH C d CRA BOARD M EETING OF: April 12, 2022 NEW BUSINESS AGENDAITEM: 17.C. SUBJECT: Consideration of Fiscal Year 2021-2022 Budget Amendment for Unreserved Fund Balance SUMMARY: As a result of the 2020-2021 fiscal year accounting close out and confirmation through the annual audit process, the CRA has recognized an unassigned balance of $1,135,316. These unassigned funds are an accumulation of remaining unused funds from each line item in the previous year's budget and available to the CRA Board for reallocation into the current Fiscal Year 2021-2022 Budget's Project Fund (see Attachment 1). The CRA Board's reallocation of the funding from the General Fund into the Project Fund is accomplished through a Budget Amendment and is detailed in Resolution 22-01, Exhibit "A" (Attachment 11). Staff is recommending $500,000 of the unassigned funds be allocated to the proposed improvements to the Boynton Beach Boulevard Streetscape Improvement Project. The remaining balance of $635,316 placed in Property Acquisitions to aid in the purchase of the Post Office site located at 217 N Seacrest Boulevard. $1.41VI is needed to acquire the property which is due to close February 2023. FISCAL IMPACT: FY 2021-2022 Budget, reallocated from General Fund to Project Fund, Line item 02-58200-406 $500,000 and 02-58200-401 $635,316 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the Budget Amendment Resolution No. 22-01 for the reallocation of unassigned fund balance in the amount of $1,135,316 from the General Fund to the Project Fund, line item 02-58200-406 ($500,000)and 02-58200-401 ($635,316). ATTACHMENTS: Description D Attachment I - Unassigned Fund Balance D Attachment II - Budget Amendment Resolution 22-01 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach,Florida) Balance Sheet Governmental Funds September 30,2021 Total Debt Service Governmental General Fund Projects Fund Fund Funds ASSETS Cash and cash equivalents $ 4,280,408 $ 12,039,073 $ 120,621 $ 16,440,102 Accounts receivables 15,708 - - 15,708 Prepaids 132,758 46,361 - 179,119 Due from other funds - 445,561 - 445,561 Other receivables - 32,671 - 32,671 Total assets $ 4,428,874 $ 12,563,666 $ 120,621 $ 17,113,161 LIABILITIES AND FUND BALANCES Liabilities: Accounts payable and accrued expenses $ 109,530 $ 204,524 $ - $ 314,054 Deposits payable 13,677 - - 13,677 Due to City of Boynton Beach - 500,000 - 500,000 Due to other funds 445,561 - - 445,561 Deferred revenue - 6,523 - 6,523 Total liabilities 568,768 711,047 - 1,279,815 Fund Balances: Nonspendable 132,758 46,361 - 179,119 Commited 874,999 3,908,906 120,621 4,904,526 Assigned 1,717,033 7,897,352 - 9,614,385 Unassigned 1,135,316 - - 1,135,316 Total Lund balances 3,860,106 11,852,619 120,621 15,833,346 Total liabilities and fund balances $ 4,428,874 $ 12,563,666 $ 120,621 $ 17,113,161 The notes to the basic financial statements are an integral part of this statement. 11 RESOLUTION NO. 22-01 A RESOLUTION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, TO AMEND THE FISCAL YEAR 2021-2022 BUDGET TO REALLOCATE GENERAL FUND UNASSIGNED FUND BALANCE FROM THE FY 2020-2021 AUDIT AND INCREASE THE TOTAL APPROPRIATIONS TO THE PROJECT FUND; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Boynton Beach Community Redevelopment Agency Board (hereafter "CRA") has adopted the fiscal 2021-2022 budget and does allow program changes as necessary; and WHEREAS, it is the objective to maintain accuracy of the budget document to reflect policy determinations of the Board as to the proper and legally defensible appropriation of funds authorized by the Community Redevelopment Plan; and WHEREAS, the CRA Board approved Resolution No. R21-02 on September 14, 2021 approving the Fiscal Year 2021-2022 budget; and WHEREAS, the CRA Board approved Resolution No. 22-01 on April 12, 2022 amending the Fiscal Year 2021-2022 budget; and WHEREAS, the audit after the year end September 30, 2021 contained a General Fund unassigned fund balance in the amount of approximately $1,135,316; and WHEREAS, the CRA Board approved Consideration of funding for Boynton Beach Boulevard Streetscape Improvement Project and funds to help purchase 217 N Seacrest Boulevard approving $1,135,316 from FY 2021-2022, General Fund unassigned and reallocating to Project Fund; and WHEREAS, the Director of Finance, based on the Board's policy determination and approval, has identified the line item appropriations that require budget adjustments hereinafter reflected. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY THAT: SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby incorporated herein. SECTION 2. A copy of the FY 2021-2022 Budget Amendment No. 1 and line item adjustments attached hereto as Exhibit"A." SECTION 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4. If any clauses, sections, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5. This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BOARD, THIS 12TH DAY OF APRIL 2022. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Ty Penserga, Chair Approved as to form: CRA Attorney BUDGET AMENDMENTS&ADJUSTMENTS TO FY 2021-2022 GENERAL AND PROJECT FUND BUDGET INCREASE/ AMENDED BUDGET APPROVAL FUND DEPARTMENT DESCRIPTION G/L ACCT. I APPROPRIATION DECREASE APPROPRIATION Purpose(1)Reallocate General Fund Unassigned Balance from 9/30/21 - Increase Project Fund and Line Item in FY21-22 CRA Board 4/12/2022 1.General Fund unassigned fund balance year ending 9/30/2021 Other Financing Sources Unassigned Fund Balance from Cash Analysis Budget Amendment#1 General -Revenues ($1,135,316) 01-49100 $ 100,000 $ 1,135,316 $ 1,235,316 Transfer to Project Fund Resolution No.22-01 General Expenses Transfers Out 01-59999-990 $ 10,963,787 $ 1,135,316 $ 12,099,103 2.Transfer funds as follows: Other Financing Sources Unassigned Fund Balance from Cash Analysis Revenues ($1,135,316) 02-49900 $ 10,963,787 $ 1,135,316 $ 12,099,103 Boynton Beach Blvd Streetscape Improvement Project Capital OutlaProject 02-58200-406 $ 590,580 $ 500,000 $ 1,090,580 Property Acquisition-217 N Seacrest Blvd 02-58200-401 $ 3,070,764 $ 635,316 $ 3,706,080 NOTE:Recorded on Financial Statements T:\FINANCE\BUDGET AMENDMENTS-TRACKING\FY 2021-2022-Budget Amendment#1-04.12.2022.xlsx BOYNTO immiBEACH C d CRA BOARD M EETING OF: April 12, 2022 NEW BUSINESS AGENDAITEM: 17.D. SUBJECT: Discussion and Consideration of CRA Workshops SUMMARY: To provide learning opportunities and additional resources our new Board members and a refresher to existing board members, a series of three monthly workshops on relevant CRA redevelopment topics have been planned. CRA and City staff would like to provide the Board a chance to engage with experts and practitioners in the development industry to help Board members gain understanding of the key risks and opportunities, ensure that the Board will have the right "tools in the toolbox" to be able to make informed decisions and attract the investment and workforce, while keeping the community's best interests at heart. Suggested Format: • Informal Workshop (2-3 hours including lunch) • Open to the public for viewing but not for comments • Location - Informal setting such as the Arts and Cultural Center or the Historic Woman's Club • Additional topics and Board input are welcomed 1.April 26 (Tuesday) or April 27 (Wednesday) or May 18 (Wednesday) or May 24 (Tuesday) Topic: CRA 101 Basics and the Plan and Balancing Needs BBCRA Legal Team at Lewis Longman & Walker, P.A. -Tara Duhy and Kathryn Rossmell Elected Official with a CRA and CRA Director or Downtown Development Authority Director - Speakers TBA after date selection 2. June 28 (Tuesday) or June 29 (Wednesday) Topic: Redevelopment Financing and Budgeting BBCRA Finance Director Vicki Hill CRA Commercial and/or Community Bank Partner(Valley Bank, TD Bank, or Truist) CRA Board Members from neighboring cities with development background Speakers TBA after date selection 3. July 26 (Tuesday) or July 27 (Wednesday) Topic: The CRA and Affordable Housing Community Land Trust Model Public Housing Authority Model Nonprofit Housing Provide Model Speakers TBD after date selection FISCAL IMPACT: FY2021-2022 Budget, General Fund, Line Item 01-51010-225, $1,000 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action needed at this time unless otherwise determined by the Board. BOYNTO immiBEACH C d CRA BOARD M EETING OF: April 12, 2022 NEW BUSINESS AGENDAITEM: 17.E. SUBJECT: Consideration of a Temporary Policy for Vacation and Sick Leave Pay-Out SUMMARY: Currently, the CRA's Human Resources Policies & Procedures (See Attachment I ref. pages 40- 41) allows employees to request a pay-out of accrued vacation and sick leave up to a maximum of 60 hours during each Fiscal Year provided the number of vacation hours remaining is not less than 180 hours and 240 hours for sick leave. As a result of the recent rising costs of daily living and the challenges employees have had as a result of the COVID-19 pandemic recovery, CRA Executive Director Shutt is requesting the Board's consideration of a temporary increase in the pay-out cap of vacation and sick leave from 60 hours to 80 hours for FY 2021-2022 provided that the required number of hours remaining meets the current criteria as stated above and authorize Executive Director Shutt to assess the economic conditions and continue with this temporary policy through September 30, 2023, if needed. This temporary increase was implemented in July of 2020 by former Executive Director Michael Simon under the authorities granted by the CRA Board's Emergency Order addressing the COV I D-19 pandemic and mandatory shut down (see Attachment 11). A similar temporary policy was implemented by the City to alleviate some of the financial impacts of the current economic crises (see Attachment 111). FISCAL IMPACT: Fiscal Year 2021-2022 Budget, General Fund Line Item #01-59000-161 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Agency CRA BOARD OPTIONS: 1. Approve the recommended temporary policy as indicated below through FY 2021-2022 and authorize the Executive Director to assess the economic conditions and continue the policy through September 30, 2023, if needed. Vacation Leave: CRA employees may submit a request for pay out of a maximum of 80 hours of accrued vacation hours during each Fiscal Year provided the number of vacation hours remaining is not less than 180 hours. Sick Leave: CRA employees may submit a request for pay out of a maximum of 80 hours of accrued sick leave during each Fiscal Year provided the employee's number of accrued sick leave remaining is not less than 240 hours. 2. Alternative direction to be determined by the CRA Board. ATTACHMENTS: Description D Attachment I -2021 Human Resources Policy & Procedures Manual D Attachment II-2020 Temporary Vacation and Sick Leave Pay-out Policy (COVID-19 Pandemic) D Attachment III -City of Boynton Beach's March 30, 2022 Memorandum regarding the Employee Temporary Relief Program (Emergency Cash Policy) t za, r } BOYNTON , WOMAN B E AC H HUMAN RESOURCES POLICIES & PROCEDURES MANUAL Revised: December 14, 2021 Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue, 4t" Floor Boynton Beach, FL 33435 (561) 737-3256 - Fax (561) 737-3258 www.boyntonbeachcra.com 00950371-2 Table of Contents SECTION 01: GENERAL PROVISIONS 1-1 Purpose 1 1-2 Positions Covered by These Policies 1 1-3 Approval and Amendment of Policies 1 1-4 Definitions 1 1-5 Human Resources Administration 4 SECTION 02: RECRUITMENT, SELECTION AND EMPLOYMENT 2-1 Equal Employment Opportunity Statement 5 2-2 Recruitment 6 2-3 Employment Applications 6 2-4 Selection Procedures 7 2-5 Type of Employees 7 2-6 Disqualified Persons 7 2-7 Interviewing Process 7 2-8 Recommendation for Employment 8 2-9 Employment Acceptance 8 2-10 Disqualification for Employment 8 SECTION 03: EMPLOYMENT PROVISIONS 3-1 Probationary Period 9 3-2 Terminations 9 3-3 Performance Evaluations 10 3-4 Anti-Discrimination and Harassment 10 3-5 Workplace Violence 13 3-6 Formal Grievances 16 3-7 Personnel Actions 17 3-8 Code of Conduct and Disciplinary Provisions 18 SECTION 04: CLASSIFICATION & PAY PROVISIONS 4-1 Classification Provisions 26 4-2 Pay Provisions 26 4-3 Hours of Work/ Overtime / Compensatory Time 27 00950371-2 11 SECTION 05: EMPLOYMENT CONDITIONS 5-1 Outside Employment 28 5-2 CRA Equipment 28 5-3 Address & Telephone Numbers 28 5-4 Political Activity 28 5-5 Resignation 29 5-6 Drug Free 29 5-7 Accommodations for Employees with Disabilities 39 5-8 Lactation Policy 39 SECTION 06: EMPLOYEE BENEFIT PROGRAMS 6-1 Vacation Leave 40 6-2 Sick Leave 40 6-3 Holidays 41 6-4 Compassionate Leave 42 6-5 Jury Duty 42 6-6 Military Leave 42 6-7 Disability 44 6-8 Life Insurance 45 6-9 Leave Without Pay 45 6-10 Family and Medical Leave 46 6-11 Medical, Dental, Vision, Life Insurance 47 6-12 Retirement 48 6-13 Domestic Partner Benefits 49 SECTION 07: CREDIT CARD POLICY 7-1 Policy 51 SECTION 08: COMMUNICATIONS SYSTEMS POLICY 8-1 Statement of Policy 58 8-2 No Expectation of Privacy 58 8-3 Use of Systems for Harassment 58 8-4 Non-solicitation; Outside Employment 58 8-5 Software 59 8-6 Termination 59 8-7 Reporting 59 00950371-2 111 SECTION 09: MISCELLANEOUS 9-1 Personal Appearance/Dress Code 59 APPENDIX: HIRING AND TERMINATION POLICIES AND 63 PROCEDURES MANUAL 00950371-2 1V SECTION 01: GENERAL PROVISIONS 1-1 PURPOSE: These policies are to provide guidance in the administration of the CRA's employees. It is the intent of these policies to ensure that CRA employees will be dealt with on an equitable basis, so that the citizens of the CRA area may derive benefits and advantages as a result of a competent CRA staff. It is the responsibility of all CRA employees to read and abide by all provisions of all policies even as amended from time to time. NOTHING IN THIS MANUAL NOR ANY OTHER CRA COMMUNICATION, WHETHER ORAL OR WRITTEN, IS INTENDED TO CREATE A CONTRACT OF EMPLOYMENT OR ANY CONTRACTUAL OBLIGATIONS WITH RESPECT TO AN EMPLOYEE'S EMPLOYMENT. UNLESS SUBJECT TO THE TERMS OF A WRITTEN CONTRACT OF EMPLOYMENT SIGNED BY AN AUTHORIZED CRA REPRESENTATIVE, CRA EMPLOYEES ARE EMPLOYED AT-WILL AND NOTHING IN THIS MANUAL CAN BE CONSTRUED TO CONTRADICT, LIMIT, OR OTHERWISE AFFECT THE CRA'S RIGHT TO TERMINATE THE EMPLOYMENT RELATIONSHIP AT ANY TIME WITH OR WITHOUT NOTICE OR CAUSE. 1-2 POSITIONS COVERED BY THESE POLICIES: The policies shall apply to all non-contract employees. These policies shall also apply to employees with individual employment contracts, if incorporated by reference into the employment contract. 1-3 APPROVAL AND AMENDMENT OF POLICIES: These policies shall be in force and in effect when approved by the CRA Board and replace existing policies and procedures. The CRA Board may amend, rescind, revise, or modify these policies from time to time, without notice, unless specified in this document. 1-4 DEFINITIONS: • ADMINISTRATIVE REVIEW — Review and approval of a personnel action by the CRA Executive Director. • APPEAL — A request by a regular employee for consideration by the CRA Executive Director or Designee as applicable. • CLASSIFICATION PLAN — A Systemic arrangement of positions with a similar range of duties, level of responsibilities and nature of work performed. • CONTINUOUS SERVICE — Employment that is uninterrupted by separations of employment, layoffs, etc. 00950371-2 1 • CONTRACT EMPLOYEE — An employee under an individual employment contract with the CRA Board. Contract employees do not have any rights or benefits other than what is specifically stated in their individual employment contract. • DEMOTION —Assignment of an employee to a position in a lower class having a lower maximum salary than the position from which the assignment is made. • DISMISSAL — The discharge of an employee from his/her position with the CRA. The terms termination and dismissal are interchangeable. • EMPLOYMENT CONTRACT — An individual contract that provides a non-regular employee with a written agreement of employment terms. • EXEMPT EMPLOYEE — Any employee whose position is ineligible for overtime as determined by the Fair Labor Standards Act ("FLSA"). • FULL-TIME EMPLOYEE—A regular employee who is scheduled to work a minimum of thirty-six (36) hours per week. • GRIEVANCE — Formal notice of dissatisfaction by a regular employee who feels he / she have been unjustly treated in cases regarding their employment. • HIRE DATE —An employee's date of hire or re-hire, whichever is later. • IMMEDIATE FAMILY — Is defined as follows: father, mother, brother, sister, spouse, child, father-in-law, mother-in-law, brother-in-law, sister- in-law, son-in-law, daughter-in-law, grandchild, grandparents or foster parents, foster child, step-mother, step-father or step child of an employee. A domestic partner shall be considered the same as a spouse. • INITIAL PROBATIONARY PERIOD —A ninety (90) day calendar period of time beginning with the employee's hire date. Leaves or breaks in service without pay for more than fifteen (15) working days may cause this date to be extended by the actual number of work days missed. During the Initial Probationary Period, an employee may be terminated without notice and without cause. • JOB ANNIVERSARY / CLASSIFICATION DATE — the effective date of a promotion or demotion action. • LAYOFF — Dismissal from employment because of shortage of work or funds, or because of changes in the organization. 00950371-2 2 • NON-EXEMPT EMPLOYEE — Any hourly employee whose position is eligible for overtime after forty (40) hours of work per week as determined by the Fair Labor Standards Act. • OVERTIME PAY — Pay for overtime or compensatory time worked in excess of a non-exempt employee's forty (40) hour workweek. • PART-TIME —Appointment to a position that usually requires a working schedule less than thirty-six (36) work hours per week. • PAY PLAN - A formal schedule of pay ranges containing a minimum, mid point and maximum value for all job descriptions. • PAY RANGE —The minimum and maximum pay established by the CRA Board for budgeted positions. • PERFORMANCE APPRAISAL — Assessment of how well an employee has performed during a period of time. • POSITION PROBATIONARY PERIOD — A ninety (90) day calendar period of time beginning with the effective date of a promotion or demotion of a regular employee. Leaves or breaks in service without pay for more than fifteen (15) working days may cause this date to be extended by the actual number of work days missed. During the Position Probationary Period, an employee may be returned or demoted to their former position without notice and without cause. • PROBATIONARY EMPLOYEES — Any employee who is serving in a new position either by appointment, promotion or demotion. Promotions or demotions occurring within the established initial probationary period shall cause an employee to begin a new initial probationary period. • PROMOTION - The assignment of an employee to a position in a higher class having a higher maximum salary than the position from which assignment is made. • RECLASSIFICATION - The change of a job classification due to a change in or an increase or decrease in the assigned duties and responsibilities of the position. • REGULAR EMPLOYEE — An employee who has achieved regular status after completing the established or applicable probationary period. • SUSPENSION —The separation with or without pay of an employee for a period of time. Exempt employees shall be subject to no less than one week suspensions without pay. 00950371-2 3 • TEMPORARY EMPLOYEE — An employee in a position other than regular full-time or part-time who works less than forty (40) hours per week. • TEMPORARY POSITION —All positions that are not designated regular budgeted positions. • VACANCY — An existing or newly created position, which is not occupied. • WORKWEEK — The established forty (40) hour period of time that constitutes the workweek for Fair Labor Standards Act purposes. Non- exempt employees are not eligible for overtime compensation until after completion of forty (40) hours in the workweek. 1-5 HUMAN RESOURCES ADMINISTRATION: The CRA Board A. Considers and adopts the Human Resources Policy & Procedure Manual. B. Approves recommended Classification and Pay Plan(s) as needed. C. Approves appointments and removals for positions that require employment contract. D. Authorizes all new CRA positions, assigns funding for pay ranges and authorizes recruitments. The CRA Executive Director A. Is responsible to the CRA Board for the administration of the Human Resources Policy and Procedure Manual. B. Recruits, appoints, promotes, transfers or removes, demotes, suspends, dismisses or disciplines all subordinate employees. C. Performs all duties and exercises all powers in personnel. D. Administers the recommended and approved pay plan. E. Administers an effective payroll system. F. Develops and implements effective training programs for employees. G. Recommends such policies or revisions in compliance with prevailing legislation. 00950371-2 4 H. Administers the employee benefits programs. I. Administers an effective disciplinary program. J. Administers an effective performance appraisal program. K. Prepares and recommends to the CRA Board job descriptions, classification and pay plans and amendments or revisions. L. Encourages employees to promptly and honestly report any incidents or allegations of workplace risks or wrongdoing to their supervisor or other appropriate CRA personnel. SECTION 02: RECRUITMENT, SELECTION & EMPLOYMENT The CRA Hiring and Termination Policies and Procedures Manual is incorporated herein (see Appendix). 2-1 EQUAL EMPLOYMENT OPPORTUNITY ("EEO") STATEMENT: The CRA is an Equal Opportunity Employer and prohibits discrimination because of race, color, creed, religion, national origin, sex, age, political affiliation, handicap (except where such factor is a bona fide occupational qualification or is required by State and/or Federal law), sexual orientation, marital status, or veteran status in all aspects of its personnel policies, programs, practices, recruitment, examination, appointment, training, promotion, retention or any other actions and operations. The principles and policies of equal employment opportunity apply to the selection and treatment of independent contractors, temporary personnel or any other persons doing business for or with the CRA. Employees who feel they have been discriminated against should contact the Executive Director, the CRA designated human resources representative or a Board member. Any CRA employee who discriminates against another employee in violation of this policy is subject to discipline up to and including termination. In accordance with Equal Employment Opportunity Commission (EEOC) regulation, the CRA asks that all employees voluntarily self identify race and ethnicity to the extent necessary to ensure that the CRA is in full compliance with federal and state civil rights laws and regulations, and in turn protecting the rights of all employees from discrimination. If an employee declines to self-identify, employment records or observer identification may be used. Purpose: The purpose of this Policy is to reaffirm the CRA's position regarding non- discrimination in all matters. 00950371-2 5 Provisions: All recruitment activities, hiring, training, employment decisions, and personnel actions will be based on valid qualifications without regard to race, color, religion, sex, national origin, age, handicap, or marital status. Implementation of Policy: The staff of the CRA will be responsible for the dissemination of this policy. Directors, managers and supervisors are responsible for implementing equal employment practices within each department. The Executive Director or his/her designee is responsible for the CRA's overall compliance and shall maintain personnel records in accordance with regulatory compliance. CRA practices identified herein include: A. The CRA will display posters regarding equal employment opportunity in areas highly visible to employees. B. All advertising for job applicants includes the statement "An Equal Opportunity Employer - M/F/D/V." 2-2 RECRUITMENT: The CRA Executive Director shall implement effective EEO hiring procedures. The CRA Board approved Classification and Pay Plan shall be utilized by the CRA Executive Director to start the recruitment and selection procedures. Job vacancies shall be posted in such a manner and in such publications and media to promote an adequate pool of applicants. All employment discussions are to be considered non-obligatory, exploratory, and tentative in nature and indicated as such to applicants. Only authorized offers of employment made to individuals are binding on the CRA. 2-3 EMPLOYMENT APPLICATIONS: Individuals desiring consideration for employment may submit a letter of interest, or a resume to the CRA Executive Director and/or the CRA staff Human Resources ("HR") Designee. All applicants submitting a resume or letter of interest and granted further consideration shall complete an application for employment prior to any job offer. Applications will only be accepted when a vacancy occurs. Applications will be retained in accordance with Public Records laws. Applications must be signed and certified by the applicant. Incomplete applications will not be accepted. 00950371-2 6 When a vacancy occurs, previously submitted applications on file may be updated for consideration, in addition to all new applications and resumes received until the established closing date or until the vacancy is filled. 2-4 SELECTION PROCEDURES: Selection processes may consist of one or more of the following: A. Background investigations, including motor vehicle driving record and criminal history check and credit check. B. Reference checks. C. Performance examination. D. Review, evaluation and verification of education, training, and experience. E. Any other applicable criteria which will fairly assess the abilities of individuals to perform the duties required for the position. Applicants considered for employment may be subject to pre-employment controlled substances screening. Applicants testing positive for any of the specified drugs will not be eligible for employment. Such applicants may not be considered for employment for a period of two (2) years following a positive drug test. 2-5 TYPE OF EMPLOYEES: CRA employees are divided into two groups, contract and non-contract. Contract employees are individuals hired by a direct employment contract for a specified duration of time that may or may not be budgeted by the CRA Board. Noncontract employees fill regular budgeted positions as authorized by the CRA Board and are not otherwise designated as contract employees. Unless otherwise provided by contract, employment with the CRA is "at-will' and may be terminated by either party for any reason or no reason. Successful completion of a probationary period does not conclude or alter the "at-will' relationship. 2-6 DISQUALIFIED PERSONS: The CRA will consider Florida Statue 112.3135 in an effort to prevent hiring practices which result in conflicts of interest. 2-7 INTERVIEWING PROCESS: Upon receipt of resumes and/or applications, the HR Designee will review and rank them in order of most qualified to least qualified and present the list to CRA Executive Director for review. At the direction of the CRA Executive Director, references will be called and background checks performed for the top candidate(s). Upon review of the reference notes by the CRA Executive Director, the HR Designee will then set up candidate interviews with the CRA Executive Director and/or HR Designee and other appropriate CRA staff. 00950371-2 7 Interviews requested by the CRA for Contract Position(s) with the CRA which require the interviewee to travel more than 100 miles, but are less than 300 will be reimbursed by the CRA for mileage at the applicable annual rate as designated by the Internal Revenue Service, and Per Diem expenses at the current rate designated for CRA employees. Interviews requested by the CRA for Contract Position(s) with the CRA, which require the interviewee to travel of more than 300 miles will be reimbursed by the CRA at reasonable and customary rates for airline fares, hotel expenses, Per Diem expenses (at the current rate designated for CRA employees), and rental car expense (from airport to the CRA interview location and back to the airport). 2-8 RECOMMENDATION FOR EMPLOYMENT: Once the interview process has revealed a suitable applicant and the reference checks have been completed and screening steps appear satisfactory, the CRA Executive Director is authorized to then hire that applicant for employment. The employment offer is to be made in writing and mailed or electronically submitted to the applicant. The offer can also be made verbally from the CRA Executive Director or HR Designee, but must be confirmed in writing to the applicant. 2-9 EMPLOYMENT ACCEPTANCE: Upon receiving an offer for employment, the applicant must make employment acceptance within three (3) working days of the employment offer, unless otherwise extended by the CRA Executive Director(maximum of 5 working days). If employment acceptance is declined, the CRA Executive Director may consider another applicant from the recruitment's applicant pool, or may choose to begin a new recruitment process. After starting employment, all new CRA employees must provide the CRA with proof of work eligibility and identity for verification in accordance with applicable laws, including E-Verify and 1-9 processes. Employees are responsible for reading, understanding, and abiding by all CRA policies and procedures, as amended from time to time. 2-10 DISQUALIFICATION FOR EMPLOYMENT: The CRA may reject an applicant who does not possess the minimum qualifications required for the position. Failure to meet the physical requirements necessary to perform the essential functions for a particular job as determined by the CRA will also result in disqualification, if a reasonable accommodation for an otherwise qualified individual with a disability cannot be reached, or would create an undue hardship. Fraudulent conduct, false statements, or omissions by an applicant or by others on behalf of the applicant with the applicant's knowledge, 00950371-2 8 in any application or examination, may be cause for the disqualification of such applicant, or termination from the CRA employment. SECTION 03: EMPLOYMENT PROVISIONS 3-1 PROBATIONARY PERIOD: The purpose of a probationary period is to observe an employee's performance in a new position. All CRA new hires shall be in a probationary status for an initial employment probationary period of ninety (90) calendar days... All promotion or demotion appointments are subject to a new ninety (90) day probationary period ("position probationary period"). At the discretion of the CRA Executive Director, and upon written notification to the employee, an employee may be subject to an additional probationary period of up to six (6) months following the initial employment probationary period or any position probationary period. An employee who has not successfully passed the initial probationary period (or additional probationary period) in any classification may be terminated without notice or without cause by the CRA Executive Director. The completion of a probationary period does not guarantee continued employment, nor does it alter in any way the at-will status of the employment relationship. Employees not successfully completing a promotional appointment's position probationary period shall be returned to their previous classification status without appeal benefits. No wage or salary increases shall be effected during any additional probationary period(s). Awards granted after the additional probationary periods shall not be retroactive. 3-2 TERMINATIONS: Termination of employment can be made at any time, with or without cause, and shall be made in writing and need not reflect performance-related reasons. If an employee's employment is terminated, the employee shall be entitled to reimbursement for as-yet non-reimbursed expenses; accrued and unused vacation, sick and comp time; and a maximum of ninety (90) days of severance pay approved at the discretion of the Executive Director. Medical, dental, vision and life/disability benefits will be paid by the CRA through the last day of the month following the completion of the approved severance period. 00950371-2 9 3-3 PERFORMANCE EVALUATIONS: A. General Provisions The employee's performance evaluation is designed to examine, review and document work performance. The ratings shall be set forth on the applicable performance evaluation form. Each employee shall be given a copy of the evaluation form, shall have the opportunity to discuss it with the employee's supervisor, and comment on the evaluation in writing. Employees may appeal their evaluation to the CRA Executive Director within five (5) working days of receiving their performance evaluation. Such appeals must state the reason for the appeal, the facts supporting the employee's case, and any other pertinent information relevant to the matters at hand. The CRA Executive Director shall schedule an appeals meeting within fifteen (15) working days of receipt of the appeal, preside over the appeals meeting, and render a decision on the matter within fifteen (15) working days of the appeals meeting. All decisions of the CRA Executive Director are final. B. Frequency of Performance Evaluations Performance evaluations are completed annually with the first coinciding with the successful passing of the initial probationary period and/or position probationary period, and annually thereafter coinciding with CRA's fiscal year, i.e. by September 30th. Special evaluations may be conducted at any time with the approval of the CRA Executive Director. C. Performance Evaluation Rating Procedure The direct supervisor of the employee shall be responsible for obtaining the appropriate evaluation form and completing the evaluation. An employee must sign and date the completed evaluation form indicating that he/she has discussed and received a copy. The signature does not mean he/she agrees with the evaluation. If the employee refuses to sign the form, it should be so indicated by the CRA Executive Director or direct supervisor in the space provided for the employee's signature. 3-4 ANTI-DISCRIMINATION AND HARASSMENT The CRA is committed to a professional work environment in which all individuals are treated with respect and dignity and is free of unlawful harassment and discrimination. Each individual has the right to work in an atmosphere that promotes equal opportunities and prohibits discriminatory practices including sexual and other forms of harassment. Prohibited are offensive behaviors based 00950371-2 10 on race, religion, age disability, sex, sexual orientation, national origin, and other protected class status. A. Scope This policy applies to all applicants, staff members, vendors, consultants, and guests. Any employee who engages in such conduct or encourages such behavior by others shall be subject to disciplinary action up to and including dismissal. B. Definition Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when for example: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. C. Behaviors Sexual harassment may include a range of subtle and not so subtle behaviors and may involve individuals of the same or different gender. Depending on the circumstances these behaviors may include, but are not limited to: unwanted sexual advances; subtle or overt pressure for sexual favors; sexual jokes; innuendoes; advances or propositions; verbal abuse of a sexual nature; graphic commentary about an individual's body, sexual prowess or sexual deficiencies; leering, whistling, touching, pinching, assault, coerced sexual acts, or suggestive, insulting or obscene comments or gestures; display in the workplace of sexual suggestive objects or pictures; and other physical, verbal, or visual conduct of a sexual nature. D. Reporting an Incident of Harassment Whether they are the victim, a witness or someone who receives information regarding harassment, it is the duty of all employees to report harassment to their direct supervisor. Employees should also direct any questions concerning the CRA's harassment policy to their direct supervisor. If the Direct supervisor is involved in the complaint or report, or if the employee feels uncomfortable communicating their report or question to a direct supervisor, reports or questions should be immediately directed to the Executive Director, the CRA's Human Resources designee or members of the Board. 00950371-2 11 E. Administrative Investigation Reported allegations of harassment will be investigated promptly. A written statement will be requested of the complainant. The investigation will be handled with sensitivity and confidentiality to the extent allowed by law and to the extent practical and appropriate under the circumstances. An employee found to have provided false or misleading information, or who does not fully cooperate with an investigation may be subject to disciplinary action. The CRA will provide an administrative response that will indicate corrective actions, if any, to the employee filing the complaint and to the individual(s) involved the harassment. F. The CRA will make every effort to ensure that individuals named in a harassment complaint or closely associated with employees involved in the complaint will not conduct the investigation. If necessary for completion of a fair investigation, the CRA may, at its discretion, engage a neutral third party to conduct investigations of harassment complaints. G. Retaliation Retaliation against an individual for reporting alleged harassment or assisting in providing information relevant to a claim of sexual harassment is a serious violation and will be treated with the same strict discipline, as would the harassment itself. Acts of retaliation should be reported immediately and will be promptly investigated. Training shall be conducted on a periodic basis to raise awareness of harassment issues and remedies of same. H. Disciplinary Action Violations of this policy may result in disciplinary action as follows: 1. Findings of false or malicious statements intended to harm another individual shall result in immediate disciplinary action. 2. Failure to act upon gaining knowledge of violations of this policy may result in disciplinary action. 3. Failure to truthfully cooperate with an investigation of this nature may result in disciplinary action. 00950371-2 12 I. "Unintentional' harassment This policy is not intended to interfere with or discourage friendship or social discourse among employees. However, employees must be sensitive to comments, acts or conduct that would likely be considered offensive by others. Even conduct that is not intended to constitute "harassment" may violate the terms of this policy. If an employee expresses concerns that the behavior of another employee may have violated this policy, all employees should respect those concerns. 3-5 WORKPLACE VIOLENCE POLICY The CRA provides a safe workplace for all employees and is committed to preventing workplace violence. To ensure a safe workplace and to reduce the risk of violence, all employees should review and understand all provisions of this workplace violence policy. Based on its commitment to preventing workplace violence, the CRA has adopted the following guidelines to deal with intimidation, harassment, or other threats of (or actual) violence that may occur and all provisions of this workplace violence policy. A. Scope All full-time and part-time, active employees are covered under this policy. B. Prohibited Conduct and Behavior We do not tolerate any type of workplace violence committed by or against employees. Employees are prohibited from making threats or engaging in violent activities. This list of behaviors, while not inclusive are prohibited: • Causing physical injury to another person; • Making threatening remarks; • Aggressive or hostile behavior that creates a reasonable fear of injury to another person or subjects another individual to emotional distress; • Intentionally damaging CRA property or property of another employee; �usiness;Possession of a weapon while on CRA property or while on CRA �omestic Committing acts motivated by, or related to, sexual harassment or violence. 00950371-2 13 C. Reporting of Incidents All threats or actual violence, both direct and indirect, should be reported as soon as possible to your immediate supervisor or member of management. This includes threats by employees, as well as threats by customers, vendors, solicitors, or other members of the public. All suspicious individuals or activities should also be reported as soon as possible to a supervisor. Do not place yourself in peril. If you see or hear a commotion or disturbance, do not try to intercede or see what is happening. There are often warning signs of violence in the workplace. Please review the following list of warning signs, keeping in mind that demonstration by an individual of one or more of the actions below does not necessarily indicate violence. • Increase in use of alcohol or any use of drugs. • History of violent or aggressive behavior. • Displays of a loss of control, (e.g., frequent loss of temper for unsubstantiated reasons, or over minor issues). • Making any threats (serious, joking or veiled). • Intimidating others by any means. • Expressing a strong desire for a personal or romantic relationship with a co- worker who does not reciprocate. • Expressing a consistent and strong feeling of being "disrespected". Harboring resentment for criticism. • Expressing desperation, frustration or depression over recent professional, personal or financial problems. • Fascination with other recent incidents of violence and approval of the use of violence. • Disregard for personal safety. • Demonstrating a lack of conscience by cruelty towards others or animals. • Vandalism. • Failure to acknowledge the rights or feelings of others. • Having been bullied or a victim of violence by others. Any potentially dangerous situations must also be reported immediately to a supervisor, the HR designee or Executive Director. Reports can be made anonymously and all reported incidents will be investigated. When reporting a threat of violence or violent act, the employee should be as specific and detailed as possible. 00950371-2 14 Reports or incidents warranting confidentiality will be handled appropriately and information will be disclosed to others only on a need-to-know basis. All parties involved in a situation will be counseled and the results of investigations will be discussed with them. The CRA will actively intervene at any indication of a possibly hostile or violent situation. Any employee who obtains a restraining order against any person must immediately notify their direct supervisor. The CRA is committed to providing a safe workplace for all employees and can only do so if it receives information concerning individuals who are required to maintain a distance from CRA property and/or employees. D. Procedures All employees should be treated with courtesy and respect at all times. Employees are expected to refrain from fighting, "horseplay," or other conduct that may be dangerous to others. Firearms, weapons, and other dangerous or hazardous devices or substances are prohibited on the work premises of the CRA without legal authorization. Violence or the threat of violence that intimidates, or coerces an employee or a member of the public will not be tolerated. This prohibition includes all acts of harassment, including harassment that is based on an individual's sex, race, age, or any characteristic protected by federal, state or local law. If you witness a violent situation or are dealing with a threatening or violent person do not place yourself in danger or try to intercede. The following actions have proven to be effective: • Remain calm. • Keep a distance of at least 6 feet if possible. • Do not touch the threatening or violent individual. • Maintain eye contact, without "staring them down". • Actively listen and respond to the individual. • If a supervisor or other appropriate authority can be safely notified of the situation without endangering others, do so. E. Investigation The CRA will promptly and thoroughly investigate all reports of threats or actual violence as well as suspicious individuals or activities. The identity of the CRA individual making a report will be protected as much as is practical. In order to maintain workplace safety and the integrity of its investigation, the CRA will suspend employees, either with or without pay depending on the investigation and circumstances. 00950371-2 15 F. Disciplinary Action Anyone who it is determined to be responsible for threats or actual violence or other conduct that is in violation of these guidelines will be subject to prompt disciplinary action up to and including termination of employment. The CRA encourages employees to bring disputes or differences with other employees or others to the attention of their supervisors, the HR designee or Executive Director before the situation escalates. The CRA is committed to assist in the resolution of disputes. 3-6 FORMAL GRIEVANCES: It is the policy of the CRA to anticipate and avoid occurrences of formal grievances and to deal promptly with formal grievances that may arise. Employees who believe they have suffered wrongdoing by another employee or supervisor should not confront any individual by whom they believe they have been wronged. Any grievance against another employee or supervisor must be submitted in writing pursuant to this policy. All formal grievances must be in writing and must include the nature of the grievance and all the facts supporting the grievance. This written document must be submitted to the employee's direct supervisor, unless the supervisor is the party named in the grievance or closely associated with the party named in the grievance. If the employee is not comfortable reporting to a supervisor, the employee may file a grievance with an HR designee or Executive Director. The primary purpose of this grievance procedure is to determine what is right, not who is right. Free discussion between employees and the HR Designee will lead to better understanding of practices, policies and procedures, which affect employees. Discussion will serve to identify and help eliminate conditions, which may cause misunderstandings prior to the filing of written formal grievances. The CRA Executive Director shall establish rules for the processing of formal grievances. Rules may be amended from time to time, but should have as their objective the prompt and efficient disposition of a formal grievance. Formal grievances are to be initiated by employee within ten (10) working days of the event giving rise to the grievance or the grievance is waived. Once initiated the time sequence for review and response to the employee should not exceed twenty (20) working days. Decisions by the HR Designee can be appealed to the CRA Executive Director. In the event the grievance involves the CRA Executive Director, the employee can request the decision be appealed to the CRA Board Designee. The decision of the CRA Executive Director or CRA Board Designee regarding the disposition of the grievance is binding and not subject to further review or consideration. 00950371-2 16 3-7 PERSONNEL ACTIONS: A. Promotion Upon promotion, an employee shall receive an increase to the minimum pay rate of the new position, or up to 10%, whichever is higher. In no case shall the new salary exceed the maximum pay established for the position. Promoted employees shall serve a ninety (90) day position probationary period and may be demoted without notice and without cause during the position probationary period. B. Demotion Upon demotion, an employee shall receive a decrease in pay of a minimum of 5%, or up to 10% if previously promoted to the higher-level classification and awarded that amount for the promotion action, or greater if a higher amount of decrease is necessary in order not to exceed the maximum rate of pay for the lower level position. In no case shall the new lower pay rate exceed the maximum of the pay range established for the lower level position. There may be circumstances which result in demotion that are not due to the employee's job performance, conduct, and/or disciplinary actions. These include, but are not limited to, organization restructuring and decrease in operating revenues. Such demotion shall not be punitive and pay adjustments will be determined by the CRA Executive Director. The Executive Director may choose to make the employee's pay at the lower level position no greater than the maximum established for the position; however, the Executive Director may also set the pay level to exceed the maximum for the position in special circumstances. C. Demotion Approvals and Appeal All demotions and resulting adjustments in an employee's pay rate shall receive the prior review and approval of the CRA Executive Director. Demoted employees not serving within an established probationary period may appeal the demotion action in writing within two (2)working days of written notification of the demotion. The CRA Executive Director shall schedule an appeals meeting within ten working (10) working days of receipt of the employee appeal. The written appeal must state the reason for the appeal and all facts supporting the appeal. The CRA Executive Director shall preside over the appeals meeting and render a decision within twenty (20) working days of the appeals meeting. The demotion action shall be effective regardless of any appeal request. The demotion may then be overturned by the CRA Executive Director when a decision has been made. The decision of the CRA Executive Director is binding and not subject to further review or consideration. 00950371-2 17 3.8 CODE OF CONDUCT & DISCIPLINARY PROVISIONS: A. Purpose The CRA anticipates that its employees will conduct themselves appropriately, both on and off the job. As a service entity, we must treat our customers in a courteous and respectful manner at all times and our conduct must be consistent with the CRA's goals and objectives. We recognize, however, that there will be instances when employees may act in a manner that is not consistent with the CRA's goals and objectives and the CRA Board's expectations. To address these situations, a disciplinary process has been developed to enable the CRA Executive Director to resolve issues related to unacceptable performance and misconduct. The CRA's goals in establishing such a process are both to ensure that employees understand the potential consequences of inappropriate behavior and to assist them in recognizing the severity of such consequences, with the hope that disciplinary sanctions, if required, will encourage the individual to personally resolve whatever concerns exist with respect to either inadequate performance or personal misconduct. All employees of the CRA have a duty to promptly report actual or suspected occurrences of illegal or unethical behavior or workplace wrongdoing by other employees or supervisors; and may do so without fear of retaliation or retribution. The CRA prohibits retaliation against any employee because of the employee's good faith reporting of such activities. Any CRA employee, regardless of title or position, who engages in such prohibited retaliation is subject to disciplinary action, including termination. B. Provisions 1. Conduct unbecoming of a CRA employee is defined as employee behavior or actions, on the part of the employee, which hinders or jeopardizes the successful operation of the CRA, undermines teamwork and cooperation among CRA employees, or undermines the public confidence in the CRA or its employees. 2. Counseling and written reprimands should be utilized as an element to motivate employees to choose behavior conducive to an individual's growth, development and most importantly, to insure the successful operation of the CRA and its services. However, in certain circumstances, punitive discipline actions will be necessary. There is no "fixed formula" for discipline. Management reserves the right and prerogative to make disciplinary decisions based on repeated occurrences of varying incidents, past performance, or severity of the incident. 00950371-2 18 3. Although progressive disciplinary actions are encouraged when circumstances support such use, the severity of misconduct and the circumstances shall determine the nature of the discipline. 4. A number of factors should be considered in determining the appropriate level of discipline to be taken at each successive step. Such factors may include time intervals between offenses, effectiveness of prior disciplinary actions, insubordination, employee willingness to improve, overall work performance and teamwork. 5. Certain misconduct is so contrary to the public interest that dismissal shall be the only appropriate disciplinary measure. 6. The level of misconduct may differ in individual cases from apparently similar incidents. The CRA retains the right to treat each occurrence on an individual basis without creating a precedent for situations which may arise in the future. This case- by-case method is designed to take individual circumstances and/or mitigating factors into account. These provisions are not to be construed as a limitation upon the retained rights of the CRA, but are to be used as a guide. 7. The failure of immediate supervisors to document and/or take disciplinary actions for misconduct, or the failure to forward the completed disciplinary documents to CRA Executive Director shall serve as grounds for disciplinary action. 8. After a period of one year for a Verbal Warning, two years for a Written Reprimand, and five years for a Suspension, discipline will not be considered for purposes of future disciplinary actions or promotions. However, these items will remain in the employee's personnel file. Verbal warnings or verbal reprimands are not considered as disciplinary action. C. Examples of Misconduct The following types of infractions, offenses, or misconduct shall represent employee noncompliance with rules, regulations, policies, practices or procedures of the CRA, or employee wrongs or offenses which violate permissible behaviors or are specifically prohibited by law. The listed reasons are for informational purposes only and are not meant to be exhaustive. Each disciplinary action shall be considered on a case-by-case basis. The following are examples of violations which shall result in disciplinary action: 1. Conduct unbecoming of a CRA employee, as specified in the Definitions section. 00950371-2 19 2. Abuse of CRA policies including, but not limited to: • abuse of sick leave privileges, sick leave policy or excessive absenteeism • job abandonment defined as two or more work days without reporting to work and without notification of the employee's supervisor • failure to notify CRA of current address and telephone number within ten (10) calendar days of change • failure to report any outside employment • unauthorized possession of a firearm or concealed weapon on CRA property or while performing official CRA duties • suspension or revocation of any required job-related licenses or certifications • use of abusive language to or about an employee, co-worker, supervisor, or the public • insubordination, meaning the failure to recognize or accept the authority of a supervisor • threatening, either verbally or physically, a co-worker or supervisor. 3. Abuse of departmental procedures and work rules including, but not limited to: • failure to provide name and official title to any person requesting same when performing work related duties • habitual extension of lunch periods or break period • habitually late for work without valid reason • smoking in prohibited areas • unauthorized solicitation, posting of material, or non-productive behavior • disrupting or hindering departmental operations • outside employment which conflicts, interferes or otherwise hampers the performance of the employee in their CRA job • unauthorized personal use of CRA equipment or funds • improper use of CRA time for conducting personal or private business • other department rules as communicated by the CRA Executive Director or supervisor. 4. Documented failure of a supervisor to perform duties required of supervisory employees including recommending and/or taking disciplinary actions when necessary. 5. Violation or disregard of CRA's Safety Policy and Procedures including: 00950371-2 20 • unauthorized use or unsafe operation of CRA property, equipment or vehicles. • failure to report an on-the-job injury or accident within 24 hours to immediate supervisor • supervisor's failure to report an employee's on the job injury to the CRA Executive Director within 24 hours and/or completion of necessary documentation. 6. Illegal, unethical or improper acts including: • theft or removal of CRA property without proper authorization • falsifying employment application or concealing information during pre-employment screening or processing • soliciting or accepting an unauthorized fee or gift • giving false information, or failure or refusal to fully cooperate or provide full, truthful information in CRA initiated investigations • possession, use or sale of illegal drugs, alcohol or prescription medication which alters the employee's performance on the job; or any confirmed positive drug test • possession or use of alcohol while on duty; or reporting to work under the influence of alcohol • refusal to participate, if offered, in a drug/alcohol rehabilitation program, and to sign and abide by a return to work agreement when the CRA receives positive confirmed results on any CRA ordered drug test such as workers' compensation, accident or reasonable suspicion drug or alcohol testing refusal to submit to a CRA sponsored drug or alcohol testing such as workers' compensation, reasonable suspicion, follow up, or applicant processes • violating the CRA's anti-discrimination and/or harassment policies in their interaction with another employee or a member of the public. D. Procedure When an immediate supervisor becomes aware of conclusive evidence of the need for employee discipline, he/she becomes responsible and shall investigate the circumstances of the misconduct, or lack of performance, prior to deciding upon the type of disciplinary action to be recommended or taken. Job abandonment is cause for immediate dismissal with approval of the CRA Executive Director. Documentation of the disciplinary investigation or of the conduct shall be required on the part of the immediate supervisor in order to establish appropriate records. The CRA Executive Director will be available to assist in such investigations. In cases where investigations of a more substantial nature are required, the following types of administrative review shall be administered. 00950371-2 21 1. Administrative Review: Investigations of non-criminal violations conducted in the absence of immediate or conclusive evidence involving any CRA employee. These investigations shall be conducted by the CRA Executive Director or designee, who shall obtain all sufficient information, including documentation and/or sworn statements, in order to determine the necessity or level of disciplinary action. The CRA Executive Director assumes responsibility for acquiring any necessary sworn statements. Administrative investigations shall be conducted expeditiously. 2. Criminal Investigations: Investigations conducted when criminal violations are reportedly committed by any employee of the CRA. These investigations shall be conducted by the local Police Department, in collaboration with the CRA Executive Director. In instances where an investigation of serious, unlawful or other extreme misconduct is necessary, administrative and/or criminal investigations shall be conducted. The immediate supervisor, with the approval of the CRA Executive Director, may initiate a three (3) working day or less suspension with pay to afford a supervisor the opportunity to investigate an alleged incident of misconduct in the absence of the employee. Suspensions with pay of more than three (3) working days require the approval of the CRA Executive Director. This practice may also be used in the event that alleged misconduct is severe but unproven. The immediate supervisor shall immediately notify the CRA Executive Director of the choice for suspension so that the suspension may be issued and the matter may be immediately investigated. A recommendation for disciplinary action may result from the findings of an investigation. If disciplinary measures are not recommended after the investigation, the suspension with pay period shall not be construed as disciplinary in nature. A document confirming a favorable determination as to the matter should be made a part of the employee's record. E. Types of Action 1. Counseling Consists of the immediate supervisor warning the employee to correct or improve performance, work habits, or behavior, and counseling the employee on improvements expected. Counseling serves as a warning against further repetition of employee behavior. Future violations will result in further discipline up to and including termination. 00950371-2 22 A Disciplinary Action Form should be completed by the immediate supervisor. The employee shall be required to sign the form signifying that he/she has read and discussed the contents with the supervisor. The Disciplinary Action Form shall be forwarded to The CRA Executive Director for retention in the employee's records, with a copy provided to the employee. The supervisor may request that the employee complete a written action plan to correct the behavior. Employees may submit comments on a separate sheet for inclusion in the record. 2. Written Reprimand Consists of an immediate supervisor issuing a written notice of reprimand to improve performance, work habits, or behavior. A written reprimand may include a complete description of the incident(s) of misconduct, inappropriate behavior, work habits, or performance which require improvement; previous records of discussion; a time frame within which the employee must correct or improve his/her behavior; and a warning that future violations will result in further disciplinary actions up to and including termination. Written reprimands shall be signed by the employee to acknowledge receipt and forwarded to the CRA Executive Director for retention in the employee's records, with a copy provided to the employee. Employees may submit comments on a separate sheet for inclusion in the record. The employee may be required to complete a written plan for correction of the behavior. When the written reprimand contains a time frame for employee improvement, a follow-up discussion at the end of the designated time period should be conducted. This follow- up discussion will provide a specific opportunity to review the employee's improvement relative to the discipline. Written reprimands should be reflected on the employee's performance evaluation along with any noted improvements. 3. Suspension Consists of an employee being prohibited from returning to work until the specified period of suspension has passed. If the suspension is greater than one (1) working day, it shall be issued on a consecutive working day basis. Unless provided for otherwise in this policy or disallowed by the Fair Labor Standards Act, all suspensions shall be without pay. Suspensions shall be used when an employee is removed from the job due to extreme misconduct or unlawful behavior, or when 00950371-2 23 instances of previous discipline support a suspension for a specified period of time. Employees shall be suspended pending the outcome of a recommendation to terminate and shall remain under suspension until the CRA Executive Director has made a final determination in a pre-termination hearing, if elected by the employee. With the written authorization of the CRA Executive Director, immediate supervisors have the authority to issue a suspension for three (3) working days or less. Suspensions beyond three (3) working days require prior authorization by the CRA Executive Director. Suspensions due to a recommendation to terminate only require the CRA Executive Director's approval. Employees being suspended shall be notified in writing by the immediate supervisor. The written notification shall consist of the reason for the action and the duration of the suspension. It shall also include a statement that future violations will result in further disciplinary actions up to and including termination. It shall be the employee's responsibility to pay for insurance benefits and/or any other payments previously paid through payroll deductions during any suspensions without pay in order to maintain such benefits during these periods. Lapses in payments may result in forfeiture of such benefits. Employees may submit comments on a separate sheet for inclusion in the record. Written notification of a suspension shall be signed by the suspended employee acknowledging receipt of the written notification, and forwarded to the CRA Executive Director or designee for inclusion in the employee's records, with a copy provided to the employee. 4. Demotion In the context of this policy, demotion consists of an employee being involuntarily removed from higher level classification to a lower level classification, with a resulting decrease in annual salary. Although not limited to such instances, demotions may occur in some cases because of an inability to fulfill the duties of the higher level job in a satisfactory manner; or a failure to comply with employment conditions, such as licensure or certification. In addition, during position probation an employee shall be subject to demotion without the CRA being required to state a reason. The employee shall have access to the appeal process. A demotion will involve a decrease in 00950371-2 24 salary of not less than 5%, commensurate with the decrease in responsibilities. Immediate supervisors should discuss the potential demotion of an employee with the CRA Executive Director prior to a written recommendation for demotion. The supervisor shall then submit the written recommendation to the CRA Executive Director. Demotions require authorization from the CRA Executive Director prior to being effected. Written notification of demotions shall be provided to the employee by the CRA Executive Director. Such notices shall include the final decision, the reason(s) for the decision, the employee's new classification title, the new pay range and pay rate, and the effective date of the demotion. Written notifications shall also include that future violations will result in further disciplinary actions up to and including termination of employment. All documentation of a demotion shall be retained in the employee's file by the CRA Executive Director. Employees may submit comments on a separate sheet for inclusion in their personnel file. Employees may voluntarily request a demotion to a lower level classification. Such demotion shall not be punitive. Employees may submit comments on a separate sheet for inclusion in the record. Written notification of a demotion shall be signed by the employee acknowledging receipt of the written notification, and forwarded to the CRA Executive Director for inclusion in the employee's records. 5. Dismissal Dismissal is a result of an employee's involuntary termination which severs the employment relationship. Immediate supervisors shall supply thorough documentation and discuss recommendations for an employee's dismissal with the CRA Executive Director. Dismissals of regular employees shall be effected only with the authorization of the CRA Executive Director. A written notice of the recommendation to terminate shall be given to the employee in person. However, after two unsuccessful attempts to deliver the notification, the notice shall be sent via U.S. mail to the most recent address on record in the personnel file. The recommendation to terminate and the CRA Executive Director's notification letter shall be placed in the employee's personnel file. 00950371-2 25 Initial probationary employees who have not successfully completed the established probationary period shall be subject to dismissal without cause and it shall be effective after authorization by the CRA Executive Director. At the time of dismissal, employees are required to surrender to their supervisor or designee all CRA property which may be in their possession or custody and all other conditions for termination must be complied with prior to issuance of final wages. 6. Inefficiency, Incompetence or Job Abandonment The inefficiency or incompetence in the performance of assigned duties may result in demotion or disciplinary action up to and including termination. Examples of poor performance shall include failure to provide responsive, courteous, high quality customer service or repeated failure to support team goals and contribute to team success. Employees who receive an overall "Below Expectations" evaluation shall be given a follow-up evaluation within sixty (60) calendar days of the initial "Below Expectations" evaluation. More than one overall rating of "Below Expectations" may subject the employee to demotion or disciplinary action up to and including termination. It is the responsibility of every employee to perform at a minimum level of"Meets Expectations". SECTION 04: CLASSIFICATION & PAY PROVISIONS 4-1 CLASSIFICATION PROVISIONS: Purpose of the Classification Plan - The classification plan provides for a systematic arrangement of positions. The plan groups related positions into classifications with a similar range of duties, level of responsibility, and nature of work performed. 4-2 PAY PROVISIONS: Purpose of the Pay Plan - The pay plan shall provide the basis of compensation for all employees and shall be administered and recommended for revision as appropriate by the CRA Executive Director. The Pay Plan shall include: A. Schedules of pay rates for each title in the classification plan consisting of the minimum and the maximum hourly rate, and/or annual salary. B. Identification of non-exempt and exempt classifications. 00950371-2 26 4-3 HOURS OF WORK/ OVERTIME / COMPENSATORY TIME: A. Hours of Work Hours of work will be determined by the CRA Executive Director and shall be uniform for all employees and be determined in accordance with the needs of the services and operational needs of the CRA. Situations may arise that may require employees to work additional hours without notice. All employees are required to work additional hours when notified by the CRA Executive Director of the need to work. B. Overtime Overtime hours are hours actually worked by non-exempt employees in excess of a forty (40) hours per work week. Employees are not permitted to work overtime hours unless authorized in advance by the CRA Executive Director. Provisions of the FLSA shall be applied for non-exempt employees for overtime purposes. Hours that shall count towards overtime calculations only include those hours "actually" worked. Annual leave, sick leave, holiday pay, suspensions with pay, workers compensation leave, family medical leave, funeral leave, jury duty, annual military leave and other absences from work while in active pay status will not be counted as time actually worked for purposes of determining whether overtime has been worked in excess of forty(40) hours per week. C. Compensatory Time Non-exempt employees who work overtime will receive compensatory time in lieu of cash compensation, which shall accrue at a rate of 1.5 hours of compensatory time for every hour of overtime worked. Although exempt employees are not entitled to overtime pay, the CRA, at its own discretion, offers exempt employees compensatory time when they are required to work extended hours for special projects, during weekends, or any normally scheduled time off to attend CRA Board meetings, CRAAB Meetings, city meetings, Downtown Business Collaborative meetings, Marina Management Board meetings, or promotional events. Exempt employees will receive one hour of compensatory time for each hour worked to attend the enumerated meetings and events, and 1.5 hours of compensatory time for each hour of work performed on weekends. An employee who has accrued compensatory time and who has requested the use of such accrued time shall be permitted to use the time within a 00950371-2 27 reasonable period after making the request if the use of the time does not unduly disrupt operations of the CRA. Accruals of compensatory time for exempt and non-exempt employees may be accrued up to 240 hours. Once a non-exempt employee accrues 240 hours of compensatory time, the employee shall be paid for any additional overtime worked at a rate of 1.5 times the employee's regular rate in accordance with the FLSA. Compensatory time hours in excess of 240 accrued by an exempt employee will be forfeited. SECTION 05: EMPLOYMENT CONDITIONS 5-1 OUTSIDE EMPLOYMENT: Employees may engage in outside employment during off-duty hours when such employment does not in any way interfere or create a potential conflict of interest with their CRA employment. An employee, who wishes to engage in any outside employment including self-employment, shall provide information concerning the proposed employment to the CRA Executive Director for approval prior to engaging in outside employment. 5-2 CRA EQUIPMENT: The personal use of any CRA equipment, such as computers, cameras, tools, vehicles, etc., shall be prohibited unless otherwise approved in advance by the CRA Executive Director. In addition, employees are not to use any CRA e-mail addresses for receipt of personal mail. 5-3 ADDRESS AND TELEPHONE NUMBERS: Employees are required to report any change in address or telephone number to the CRA Executive Director and HR Designee within ten (10) working days of the change. Failure to comply with this requirement may result in disciplinary actions up to and including termination. The employee shall also maintain on a current basis the name, address and telephone number of the person(s)to contact in case of emergency. 5-4 POLITICAL ACTIVITY: No CRA employee shall take any active part in political campaigns or other political activities during duty hours. In accordance with Florida Statutes, as amended, employees are prohibited from engaging in certain types of political activities while either on or off duty. Employees, in their private capacities, may express their opinions on any political candidate or issue and/or participate in campaigns during their off-duty hours; however, they are prohibited from using their official authority or influence or appearance of doing so through the wearing of CRA uniforms or official attire, or in CRA vehicles while participating in political campaigns, for the 00950371-2 28 purpose of aiding or interfering with an election or nomination, or coercing or influencing another person's vote or affecting the result thereof. No buttons, bumper stickers, pins, or any political signage shall be adhered to CRA vehicles, or worn during the workday while on the job, or worn on CRA official attire, or posted on or about CRA premises. Nothing herein shall be construed to prohibit an employee's right to engage in casual workplace discussions on social or political topics, so long as such discussions do not, in the judgment of management of the CRA, interfere with the orderly, peaceful, and efficient performance of assigned duties or with the valid exercise of authority of management. 5-5 RESIGNATION: Resignation is the voluntary separation of an employee from employment accomplished by serving a written notice expressing a decision to end employment with the CRA. Such written notice shall be deemed to be accepted immediately. An employee who wishes to leave in good standing shall provide at least two (2) weeks' notice, before leaving. Resignations may be rescinded only with the written approval of the CRA Executive Director. All employees who have completed their probationary period and given two weeks written notice will receive their accumulated sick, vacation and compensatory time to date subject to the maximum accumulation times defined in this policy and reimbursement for as yet non-reimbursed expenses. Medical, dental, vision, and life/disability benefits will continue to be paid for in full by the CRA through the last day of the month following ninety (90) days after the effective date of resignation. Employees who fail to report to work or fail to call in absent to their supervisor for three (3) consecutive working days shall be deemed as having voluntarily resigned from employment. A letter of termination shall be mailed within two (2) working days to the last known address of the employee, accepting their voluntary resignation. 5-6 DRUG FREE WORKPLACE: General Statement of Policy on Employee Drug Use It is the intent of the CRA to provide a Drug-Free Workplace, as provided in Section 440.101, Florida Statutes, in order that employees be afforded the opportunity to maximize their levels of productivity, enhance their competitive positions in the marketplace, and reach their desired levels of success without experiencing the costs, delays, and tragedies associated with work-related accidents resulting from drug abuse. It is further the intent of the CRA that drug abuse be discouraged and that employees who choose to engage in drug abuse face the risk of unemployment and the forfeiture of workers' compensation benefits. 00950371-2 29 In the case of abuse of illegal drugs or alcohol, the CRA may use constructive disciplinary measures to motivate the employee to seek assistance. To the extent that they are available, normal benefits, such as sick leave and the group medical plan, may aid in the rehabilitation process. Supervisory personnel are responsible for assisting employees diagnosed with a substance abuse problem in fully understanding the health benefits program. An employee's participation in any program and the results obtained are kept in confidence. This information is not subject to the "Government in the Sunshine Law." The CRA is a participating employer in an Employee Assistance Program with Counseling Services Associates (855) 272-8880, through which the CRA and all of its employees may benefit. The Employee Assistance Program vendor may change and employees should check with the CRA's HR designee to confirm the current vendor. The CRA has available to all its employees a booklet explaining not only the substance abuse program, but other problems for which counseling services are available, such as interpersonal relationships with other employees, mental disorders, financial difficulties or problems with children or spouses. The CRA will hold in strict confidence any employee's participation in this program. It is the intent of the CRA to comply with the requirements of section 440.102, Florida Statutes and Chapter 38F-9, Florida Administrative Code. In the event of a conflict between those requirements and this policy, the standards set forth in section 440.102 and Chapter 38F-9, as amended from time to time, shall prevail. No employee shall be terminated, disciplined, or discriminated against solely upon the employee's voluntarily seeking treatment, while under the employ of the CRA, for drug-related problems if the employee has not previously tested positive for drug use, entered an employee assistance program for drug-related problems, or entered a drug rehabilitation program. The CRA will not condone the following behavior by employees: • Use of illicit drugs. • Abuse of legal (prescription or over-the-counter) drugs or alcohol. • Sale, purchase, transfer, use or possession of illegal drugs or prescription drugs obtained illegally. • All Supervisors are responsible for ensuring a safe working environment within their departments and are, therefore, responsible for reporting all incidents of possession, sale, distribution, or use of illegal substances to their immediate superior. Employees found in possession of an illegal substance on CRA property or while on CRA business will be terminated. 00950371-2 30 Notice of Testing One time only, prior to Drug testing, the CRA shall give all employees and job applicants for employment a written policy statement which contains: 1. A general statement of the CRA's policy on employee drug use, which must identify: a. The types of drug testing an employee or job applicant may be required to submit to, including reasonable-suspicion drug testing or drug testing conducted on any other basis. b. The actions the CRA may take against an employee or job applicant on the basis of a positive confirmed drug test result. 2. A statement advising the employee or job applicant of the existence of section 440.102, Florida Statutes. 3. A general statement concerning confidentiality. 4. Procedures for employees and job applicants to confidentially report to a medical review officer the use of prescription or nonprescription medications to a medical review officer both before and after being tested. 5. A list of the most common medications, by brand name or common name, as applicable, as well as by chemical name, which may alter or affect a drug test. 6. The consequences of refusing to submit to a drug test. 7. A representative sampling of names, addresses, and telephone numbers of employee assistance programs and local drug rehabilitation programs. 8. A statement that an employee or job applicant who receives a positive confirmed test result may contest or explain the result to a medical review officer within 5 working days after receiving written notification of the test result; that if an employee's or job applicant's explanation or challenge is unsatisfactory to the medical review officer, the medical review officer shall report a positive test result back to the CRA; and that a person may contest the drug test result pursuant to law or to rules adopted by the Agency for Health Care Administration. 9. A statement informing the employee or job applicant of his or her responsibility to notify the laboratory of any administrative or civil action brought pursuant to this section. 10. A list of all drugs for which the C will test, described by brand name or common name, as applicable, as well as by chemical name. 00950371-2 31 11. A statement regarding any applicable collective bargaining agreement or contract and the right to appeal to the Public Employees Relations Commission or applicable court. 12. A statement notifying employees and job applicants of their right to consult with a medical review officer for technical information regarding prescription or nonprescription medication. Drug Testing The CRA will conduct the following types of drug tests. Testing will be conducted by the current vendor as identified by the CRA's HR designee. Employees refusing to submit to urinalysis or blood testing will be considered in violation of CRA policy and will be subject to personnel action up to and including termination. All specimen collection and testing for drugs under this section shall be performed in accordance with the procedures set forth in section 112.0455, Florida Statutes. 1. Job applicant drug testing. The CRA requires job applicants for safety sensitive positions to submit to a drug test and may use a refusal to submit to a drug test or a positive confirmed drug test as a basis for refusing to hire a job applicant. 2. Reasonable-suspicion drug testing. The CRA requires an employee to submit to reasonable-suspicion drug testing when there is a belief that an employee is using or has used drugs in violation of the CRA's policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Among other things, such facts and inferences may be based upon: a. Observable phenomena while at work, such as direct observation of drug use or of the physical symptoms or manifestations of being under the influence of a drug. b. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. C. A report of drug use, provided by a reliable and credible source. d. Evidence that an individual has tampered with a drug test during his employment with the CRA. e. Information that an employee has caused, contributed to, or been involved in an accident while at work. If an injured employee refuses to submit to a test for drugs or alcohol, the employee may forfeit eligibility for medical and indemnity 00950371-2 32 benefits under Chapter 440, Florida Statutes, the Workers' Compensation Law. f. Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on the CRA's premises or while operating the CRA's vehicle, machinery, or equipment. If drug testing is conducted based on reasonable suspicion, the CRA shall promptly detail, in writing, the circumstances which formed the basis of the determination that reasonable suspicion existed to warrant the testing. A copy of this documentation shall be given to the employee upon request and the original documentation shall be kept confidential by the CRA and shall be retained by the CRA for at least one year. 3. Routine fitness-for-duty drug testing. An employee may be required to submit to a drug test as part of a routinely scheduled employee fitness-for-duty medical examination if such examination is part of an established policy or is scheduled routinely for all members of an employment classification or group. 4. Follow-up drug testing. If the employee in the course of employment enters an employee assistance program for drug- related problems, or a drug rehabilitation program, the CRA will require the employee to submit to a drug test as a follow-up to such program, unless the employee voluntarily entered the program. In those cases, The CRA has the option to not require follow-up testing. If follow-up testing is required, it must be conducted at least once a year for a 2-year period after completion of the program. Advance notice of a follow-up testing date must not be given to the employee to be tested. The CRA may test an employee or job applicant for a safety-sensitive position for any drug. "Drug" means alcohol, including a distilled spirit, wine, a malt beverage, or an intoxicating liquor; an amphetamine; a cannabinoid; cocaine; phencyclidine (PCP); a hallucinogen; methaqualone; an opiate; a barbiturate; a benzodiazepine; a synthetic narcotic; a designer drug; or a metabolite of any of the substances listed in this paragraph. The CRA may test an individual for any or all of such drugs. Before and/or after testing, employees or applicants should provide to the testing organization information on medication being taken. This information is confidential, and the testing laboratory will take this information into consideration. Please be advised that prescription pain killers, diet prescriptions, tranquilizers, and cough medicines may contain drugs for which tests are run. The testing laboratory can provide technical information on prescription and non-prescription drugs as they affect the 00950371-2 33 tests. The following is a non-inclusive list of some of the over-the-counter and prescription drugs could alter or affect the outcome of a drug test: 1. Alcohol - All liquid medications containing ethyl alcohol (ethanol). Please read the label for alcohol content. As an example, Vicks Nyquil is 25% (50 proof) ethyl alcohol, Comtrex is 20% (40 proof), Contact Severe Cold Formula Night Strength is 25% (50 proof), and Listerine is 26.9% (54 proof). 2. Amphetamines - Obetrol, Biphetamine, Desoxyn, Dexedrine, Didrex. 3. Canabinoids (Marijuana) - Marinol (Dronabinol, THC). 4. Cocaine - Cocaine HCl topical solution (Roxanne). 5. Pencyclidine - not legal by prescription. 6. Methaqualone - not legal by prescription. 7. Opiates - Paregoric, Parepectolin, Donnagel PG, Morphine, Tylenol with Codeine, Empirin with Codeine, APAP with Codeine, Aspirin with Codeine, Robitussin AC, Guiatuss AC, Novahistine DH, Novahistine Expectorant, Dilaudid (Hydromorphone), M-S Contin and Roxanol (morphine sulfate), Percodan, Vicodin, etc. 8. Barbiturates - Phenobarbital, Tuinal, Amytal, Nembutal, Seconal, Lotusate, Fiorinal, Fioricet, Esgic, Butisol, Mebaral, Butabarbital, Butabital, Phrenilin, Triad, etc. 9. Benzodiazepines - Activan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tranxene, Valium, Vestran, Halcion, Paxipam, Restoril, Centrex. 10. Methadone - Dolphine, Methadose. 11. Proposyphene - Darvocet, Darvon N, Dolene, etc. Testing All specimen collection and testing for drugs under this section will be conducted by the current vendor as identified by the CRA's HR designee and shall be performed in accordance with the requirements of Section 440.105(5), Florida Statutes, including the following procedures: 00950371-2 34 1. A sample shall be collected with due regard to the privacy of the individual providing the sample, and in a manner reasonably calculated to prevent substitution or contamination of the sample. 2. Specimen containers will be labeled so as to reasonably preclude the likelihood of erroneous identification of test results. Specimen collection, storage, and transportation to the testing site shall be performed in a manner that reasonably precludes contamination or adulteration of specimens. 3. A form for the employee or job applicant will be furnished to provide any information the employee considers relevant to the test, including identification of currently or recently used prescription or nonprescription medication or other relevant medical information. The form will include the most common medications by brand name or common name, as applicable, as well as by chemical name, which may alter or affect a drug test. The providing of information shall not preclude the administration of the drug test, but shall be taken into account in interpreting any positive confirmed test result. 4. The CRA shall pay the cost of all drug tests, initial and confirmation, which the CRA requires of employees. An employee or job applicant shall pay the costs of any additional drug tests not required by the CRA. Positive Tests: Actions and Consequences 1. Within 5 working days after receipt of a positive confirmed test result from the medical review officer, the CRA shall inform an employee or job applicant, in writing, of such positive test result, the consequences of such results, and the options available to the employee or job applicant. The CRA shall provide to the employee or job applicant, upon request, a copy of the test results. For purposes of this Section, "Medical review officer" shall be a licensed physician, employed with or contracted with the CRA or HR Department, who has knowledge of substance abuse disorders, laboratory testing procedures, and chain of custody collection procedures; and who has the necessary medical training to interpret and evaluate an employee's positive test result in relation to the employee's medical history or any other relevant biomedical information 2. Within 5 working days after receiving notice of a positive confirmed test result, an employee or job applicant may submit information to the CRA explaining or contesting the test result, and explaining why the result does not constitute a violation of the CRA's policy. 00950371-2 35 3. If the employee's or job applicant's explanation or challenge of the positive test result is unsatisfactory to the CRA, a written explanation as to why the employee's or job applicant's explanation is unsatisfactory, along with the report of positive result, shall be provided by the CRA to the employee or job applicant; and all such documentation shall be kept confidential by the CRA in accordance with the provisions set forth later in this section and shall be retained by the CRA for at least one year. 4. The CRA may not terminate, discipline, refuse to hire, discriminate against, or request or require rehabilitation of an employee or job applicant on the sole basis of a positive test result that has not been verified by a confirmation test and by a medical review officer. 5. Every specimen that produces a positive, confirmed test result shall be preserved by the licensed or certified laboratory that conducted the confirmation test for a period of at least 210 days after the result of the test was mailed or otherwise delivered to the medical review officer. However, if an employee or job applicant undertakes an administrative or legal challenge to the test result, the employee or job applicant shall notify the laboratory and the same shall be retained by the laboratory until the case or administrative appeal is settled. During the 180-day period after written notification of a positive test result the employee or job applicant who has provided the specimen shall be permitted by the CRA to have a portion of the specimen retested, at the employee's or job applicant's expense, at another laboratory, licensed and approved by the Agency for Health Care Administration, chosen by the employee or job applicant. The second laboratory must test at equal or greater sensitivity for the drug in question as the first laboratory. The first laboratory that performed the test for the CRA is responsible for the transfer of the portion of the specimen to be retested, and for the integrity of the chain of custody during such transfer. 6. An employee found through testing to have an alcohol concentration of 0.05 in his or her system while at work will be immediately removed from his or her workstation and may be terminated, disciplined or referred to the employee assistance program (EAP) for counseling. An employee who is diagnosed as having a mind-altering substance in his or her system while at work and such results are verified by a confirmation test, will be put on probation and may be subject to termination and/or forfeiture of his or her eligibility for medical and indemnity benefits. If an accident has occurred while the employee was under the influence of any drug including alcohol, the employee faces the risk of forfeiture of workers' compensation benefits. 00950371-2 36 7. At the discretion of the Executive Director, an employee can be given the opportunity to participate in the CRA-approved assistance program with continued employment conditioned on remaining drug- free. Abstinence from drugs will be determined by random follow-up blood and/or urine drug tests. Confirmation Testing 1. If an initial drug test is negative, the CRA may in its sole discretion seek a confirmation test. 2. Only licensed or certified laboratories may conduct confirmation drug tests. 3. All positive initial tests shall be confirmed using gas chromatography/mass spectrometry (GC/MS) or an equivalent of more accurate scientifically accepted method approved by the Agency for Health Care Administration or the United States Food and Drug Administration as such technology becomes available in a cost- effective form. 4. If an initial drug test of an employee or job applicant is confirmed as positive, the medical review officer shall provide technical assistance to the CRA and to the employee or job applicant for the purpose of interpreting the test result to determine whether the result could have been caused by prescription or nonprescription medication taken by the employee or job applicant. Confidentiality 1. Except as otherwise provided in this subsection, all information, interviews, reports, statements, memoranda, and drug test results, written or otherwise, received or produced as a result of a drug- testing program are confidential and exempt from the provisions of section 119.07(a) and section 24(a), Art. 1 of the State Constitution, and may not be used or received in evidence, obtained in discovery, or disclosed in any public or private proceedings, except in accordance with this section or in determining compensability under this chapter. 2. The CRA, laboratories, medical review officers, employee assistance programs, drug rehabilitation programs, and their agents may not release any information concerning drug test results obtained pursuant to this section without a written consent signed voluntarily by the person tested, unless such release is compelled by a hearing officer or a court of competent jurisdiction pursuant to an appeal 00950371-2 37 taken under this section or is deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding. The written consent must contain, at a minimum: a. The name of the person who is authorized to obtain the information. b. The purpose of the disclosure. C. The precise information to be disclosed. d. The duration of the consent. e. The signature of the person authorizing release of the information. 3. Information on drug test results shall not be used in any criminal proceeding against the employee or job applicant. Information released contrary to this section is inadmissible as evidence in any such criminal proceeding. 4. This subsection does not prohibit the CRA, agent of the CRA, or laboratory conducting a drug test from having access to employee drug test information or using such information when consulting with legal counsel in connection with actions brought under or related to this section or when the information is relevant to its defense in a civil or administrative matter. 5. The exemptions in this subsection are subject to the Open Government Sunset Review Act in accordance with section 119.14, Florida Statutes. Miscellaneous 1. If the CRA terminates or disciplines an employee or refuses to hire a job applicant in compliance with this policy statement, such termination or discipline or refusal is considered "for cause." 2. No physician-patient relationship is created between an employee or job applicant and the CRA or any person performing or evaluating a drug test, solely by the establishment, implementation, or administration of a drug-testing program. Employees injured in the course and scope of employment that test positive on drug or alcohol tests may forfeit medical and indemnity benefits under Florida's Workers Compensation. Refusal to take drug or alcohol tests also results in 00950371-2 38 forfeiture of medical and indemnity benefits under Florida's Workers Compensation and automatic termination of employment. Reasonable assistance is offered to employees who voluntarily recognize a substance abuse problem. However, performance standards are upheld even if 'Below Expected' performance is related to drug or alcohol use; such instances result in disciplinary actions. 5-7 Accommodations for Employees with Disabilities Reporting Procedure Individuals with disabilities may make a request for reasonable accommodations to his/her direct supervisor or the CRA Human Resources designee. Upon receipt of an accommodation request, Human Resources will meet with the requesting employee to discuss and identify the precise limitations of job and/or life functions resulting from the disability and the potential accommodations the CRA might make to overcome those limitations. Feasibility The CRA shall determine the feasibility and reasonableness of the requested accommodations, the availability of tax credits and deductions, outside funding, overall financial impact of accommodations and the potential impact on the operation of the CRA, including the impact on the ability of other employees to perform their duties. Notification The CRA will inform the requesting employee of its decision on the accommodation request and, when appropriate, the steps necessary for making the accommodation. A decision under this section shall be reviewable in accordance with the grievance procedures outlined in Section 3 of this manual. 5-8 Lactation Policy The CRA complies with applicable federal and state laws regarding breaks for nursing mothers. Generally, unless otherwise provided by law, the CRA will provide nursing mothers with unpaid reasonable break time to express breast milk for a nursing child for one year after the child's birth each time the employee has need to express the milk. The nursing mother will be provided in a place, other than a bathroom, that is shielded from view and free from intrusion from co-workers and the public, which may be used to express breast milk. 00950371-2 39 SECTION 06: EMPLOYEE BENEFIT PROGRAMS 6-1 VACATION LEAVE: A. Purpose of Vacation Leave The purpose of vacation leave is to provide regular full-time exempt and non- exempt employees with an opportunity to be absent from work for approved reasons without loss of pay or benefits. B. Accrual Rate and Maximum Accrual Vacation leave is accrued based on the employee's length of service with the CRA. New employees accrue vacation leave days retroactive to their hire date and may begin to use such vacation leave accrual upon completion of the ninety (90) day probationary period initiated with the employee's first day of employment. Accrual rate, as outlined in the following table shall occur from the date of initial employment and accrue per completion of the established pay period cycle. All references to "years of service" are defined as "continuous" years of service for the purposes of this policy. Pay Annual Annual Years of Service Period Hours Days Accrual Years 1 through 4 3.08 80 10 Years 4 through 9 4.62 120 15 Years 10 and after 6.15 160 20 The maximum number of vacation hours that an employee may accrue cannot exceed 320 hours. Any vacation hours accrued in excess of 320 hours as of September 30th of each fiscal year will be forfeited. Upon separation, the CRA will pay out the accrued vacation time up to a maximum of 320 hours. CRA employees may submit a request for pay out of a maximum of 60 hours of accrued vacation hours during each Fiscal Year provided the number of vacation hours remaining is not less than 180 hours. 6-2 SICK LEAVE: As each month passes, a regular full-time exempt or non-exempt employee accumulates one (1) eight (8) hour day of sick leave to a total of twelve (12) days per year constituting a maximum ninety-six (96) hours per year. Sick leave with pay shall be computed from the hire date of the employee with accumulation of sick leave not to exceed 480 hours or sixty (60) working days. Upon separation the CRA will pay out the accrued sick time up to a maximum of 480 hours. 00950371-2 40 CRA employees may submit a request for pay out of a maximum of 60 hours of accrued sick leave during each Fiscal Year provided the employee's number of accrued sick leave remaining is not less than 240 hours. An employee will be granted sick leave if the employee's absence from work is necessitated by one (1) of the following reasons: A. Employee's health or the health of an immediate member of the employee's family. (For purposed of this section, "immediate family" is defined under Definitions, Section 1-4). B. Medical, dental or optical treatment, which is necessary during working hours. C. Quarantine due to exposure to a contagious disease. All requests for more than three (3) consecutive days of sick leave must be accompanied by a doctor's certificate explaining the absence and/or unfitness for duty. If excessive sick leave is taken in such a way as to indicate a pattern, random or otherwise, the employee will be placed on restricted sick leave and a doctor's certificate will be required for a one-day absence. Employee absences for more than three (3) consecutive days due to national, state, or local emergencies will not require a doctor's certification. A Sick Leave Sharing Program is available for full-time employees who are absent from the workplace for an extended period of time due to an illness, accident, or eligible family leave and have depleted both their accrued sick leave time, family leave time, and accrued vacation time. Employees wishing to donate time may use either accrued sick or vacation time, but must have 80 hours remaining in each contributing bank (sick or vacation) after the donation. Requests will be granted at the discretion of the CRA Executive Director. 6-3 HOLIDAYS: A. The following holidays will be observed each year: New Year's Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Thanksgiving Friday Christmas Eve Christmas Day 00950371-2 41 B. Other days as specifically designated from time-to-time. The CRA Executive Director reserves the right to declare these and any other holidays on a date designated by the CRA Executive Director; such dates do not necessarily have to be on the specified traditional date, but on the date that meets the best interest of the CRA. Regular full-time employees shall be paid for the legal holidays at their current pay rate. Regular full-time non-exempt employees who work on a holiday shall also be paid for their holiday plus the time worked at straight time. Regular full-time employees must be in pay status during regular workdays immediately before the holiday and after the holiday in order to receive pay for the holiday. Part-time, temporary, and emergency appointed employees are not entitled to holidays with pay. 6-4 COMPASSIONATE LEAVE: Employees may be granted by the CRA Executive Director, upon request, up to five (5) working days of compassionate leave with pay due to a death in an employee's Immediate Family. Under extreme circumstances and with the written approval of the CRA Executive Director, the leave may be extended. Any additional time, which may or may not be granted in addition to the five (5) days, shall be charged against accumulated sick leave, vacation or personal holiday time. 6-5 JURY DUTY: Any employee summoned for jury duty or to be a witness related to CRA business shall comply with such summons without loss of pay. Any compensation received as a result of compliance with such summons shall be returned to the CRA, less any amount attributable to an allowance for mileage. If an employee is summoned to appear for jury duty or as a witness, the employee must notify the CRA Executive Director or HR Designee immediately. An employee receiving a witness summons for non-CRA business must use accrued vacation or compensatory time to cover the work hours missed. 6-6 MILITARY LEAVE: Policy The CRA recognizes an employee's responsibility to fulfill U.S. Military Armed Forces obligations or annual training sessions or active duty call-up and provides this benefit to eligible employees. It is the policy of the CRA to comply with the Uniformed Service Employment and Reemployment Act of 1994, as amended (USERRA) and all state laws governing employment and reemployment of employees serving in the armed services. 00950371-2 42 The CRA prohibits discrimination against employees on the basis of military duty, affiliation or status and requires reinstatement of an employee following military leave to the same position or a position of like seniority, status and pay, as provided by state and federal law. Notice Period Unless precluded by military necessity or circumstances under which the giving of notice is otherwise impracticable or unreasonable, the employee (or appropriate officer of the uniformed service in which the employee is to serve) must give as much advance written or oral notice as possible of the need for military leave. Inactive Duty If an employee is a member of a reserve unit, and is required to attend training or annual two-week drill, or any other mandatory military exercise, the employee may elect to take annual leave, if sufficient leave has been earned, or to take a military leave of absence. Active Duty If an employee is absent from work due to active military service, The CRA will grant the employee a leave of absence for the duration of such period of service up to the maximum required by USERRA. Reemployment Under USERRA, an employee is entitled to reemployment by the CRA upon separation from the military service provided the employee. • Was honorably discharged or terminated from service. • Was employed in a position for which there was an expectation of continued employment. • Has not been absent for duty in the Uniformed Services for longer than a cumulative period of five years unless involuntarily retained in the Uniformed Service. • In all cases, an employee will be reinstated in accordance with applicable federal and state law. • Reported to work or notified his or her supervisor of an intention to return to work, at the proper time as indicated in the following table: 00950371-2 43 Period of Service Action Employee When Action Must Be Taken Must Take from Completion of Service 1-30 days Report to Work (1) On the next regularly scheduled work shift on the first calendar day after service ended, plus the time for transportation back to employee residence of 8 hours rest— OR — (2) as soon as possible after the 8 hour rest period, if, through no fault of the employee, it would be impossible or unreasonable to report within the time period described in (1). 31-180 days Notify supervisor in Within 14 calendar days. writing of intent to return to work. 181 or more days Submit a written Within 90 calendar days after request for completing service. reemployment. If complying with a deadline is impossible or unreasonable through no fault of the employee, notice shall be submitted upon the next first full calendar day when submitting the request becomes possible. This policy may not address all issues concerning your rights during military leave. Insofar as issues arise that are not addressed in this policy, the CRA will abide by USERRA and any controlling state laws. Should you have any questions or require further information, please see Human Resources for further information regarding military leave. 6-7 DISABILITY: Regular full time exempt and non-exempt employees may experience illness or disability requiring that an employee is unable to work for a duration of time, which may or may not be defined at the onset of the illness or disability. Employees under a physician's care that require an extended duration of time away from work due to such illness or disability will have their positions (or a position of equal compensation and comparative duties/responsibilities) held for a maximum of One Hundred Sixty(160)working days, constituting a total of 1,280 hours. Employees exercising provisions of this section may continue their regular compensation through use of the employee's accrued sick, annual, and/or any 00950371-2 44 otherwise authorized accumulated/credited leave time that has been earned/accrued by the employee and recorded by the CRA. Employees who do not return to work at or prior to the expiration of the allowable 1,280 hours will be deemed to have abandoned their position with the CRA. For procedures to request an accommodation for disability, see section 5-7 above. 6-8 LIFE INSURANCE: See section 6-10 below. 6-9 LEAVE WITHOUT PAY: A regular full time exempt or regular non-exempt employee may be granted leave of absence without pay for a period not to exceed One Hundred Sixty(160)working days (1,280 hours) for illness, disability or other reasons. Such reasons, other than physician attended illness or disability, must be outlined in writing and submitted to the CRA Executive Director for review and approval or denial. Employees may not be employed elsewhere during an authorized Leave without Pay period of time. Such leave shall require the prior approval of the CRA Executive Director. Employees that are on approved leave of absence without pay will be responsible for paying the premiums and/or other established payroll deduction requirements for continuation of benefits. Employees will not continue to receive time accrual for any benefits during the duration of the Leave without Pay Period, except as may be provided for under State and/or Federal Law. 6-10 FAMILY and MEDICAL LEAVE (FML) CRA employees are not statutorily entitled to leave benefits provided through the Family and Medical Leave Act; however, the CRA recognizes the demands of the workplace and the needs of families by providing job-protected unpaid leave to eligible employees. An employee who has been employed by the CRA for at least 12 months and has provided at least 1,250 hours of service during the 12 months immediately preceding the commencement of leave requested is entitled to 12 unpaid work weeks of leave during a 12-month period for any one of the following reasons: a. Birth and care of, the employee's child, within one year of birth; b. Placement with the employee of a child for adoption or foster care, within one year of such placement; c. Care of a spouse, child or parent who has a serious health condition; d. Employee's own serious health condition which results in the inability of the employee to perform the essential functions of his or her job; 00950371-2 45 e. Exigent circumstances arising out the fact that the employee's spouse, son, daughter, or parent is on active duty or has been notified of an impending call to active duty in the U.S. National Guard or Reserves in support of a contingency operation. An eligible employee is entitled to 26 weeks of unpaid workweeks of Military Caregiver Leave during a single 12-month period to care for a covered service member with a serious injury or illness if the spouse, child, parent or next of kin of the service members. Spouses who are both employees of the CRA may be limited to a combined total of 12 weeks of FML leave during any 12-month period if the leave is taken: to care for an employee's parent with a serious health condition; for the birth of a child or to take care of a child after birth; or for the placement of a child with the employee for adoption or foster care or to take care of such child (or a combined total of 26 weeks during a 12-month period of the leave is requested to take care of a covered service member with a serious injury or illness). Family leave provisions apply equally to male and female employees. A father as well as a mother may take family leave because of the birth or serious health conditions of a child. Human Resources will provide employees with information on FML and the required forms when needed. Employees must provide at least 30 days' notice prior to leave if the need for leave is foreseeable; or as soon as practicable, when the need for leave is not foreseeable. Absent unusual circumstances, a request for FML leave should be made using the same forms and process as the employee would for other requests for leave. In requesting leave under FML, employees should provide details sufficient for the CRA to determine whether the reason for the requested leave qualifies under FML. The CRA reserves the right to require that a serious health condition or serious illness or injury be supported by a certification from the employee's or family member's health care provider. The CRA may also require periodic reports of the employee's status and intent to return during FML leave. If an employee takes FML leave for his or her own serious health condition, the CRA may require the employee to submit a certification from the employee's health care provider, that the employee is able to perform the essential functions of his or her position with the CRA. If the CRA requests certification of a serious health condition, or serious illness or injury, the employee will have 15 days to provide the requested documentation. Failure to provide the requested documentation within 15 days, without a valid excuse may result in a denial of the leave. Employees granted leave under FML are required to use accrued sick leave while on FML. Should sick leave be exhausted while on FML leave employees are entitled to use accrued vacation leave. The accrued paid leave used will be considered protected leave and counted against the FML leave entitlement. When medically necessary, an employee may take leave intermittently or on a reduced leave schedule for his/her own serious health condition or that of a family 00950371-2 46 member or for the birth, care or placement of a child if the schedule arrangement is agreed to by the Executive Director or his/her designee. Employees on FML who have exhausted their sick and vacation accruals are eligible for donated leave time from CRA employees. An employee who completes a period of leave is to be returned to the same position he or she had before the leave or to a position equivalent in pay, benefits, and other terms and conditions of employment. Leave will not result in the loss of any previously accrued seniority or employment benefits. Whether an employee is using paid leave accruals or unpaid leave as part of the FML leave, the current HR Policies on accruals shall apply. Health care benefits will continue through an employee's leave, under the same terms and conditions as if the employee had not taken leave. An employee on unpaid leave will be required to pay any health care premiums for dependent coverage that the employee had been paying prior to the leave. Payment will be due on the same schedule as payments are made under COBRA. Failure to make timely premium payments may result in a lapse of coverage. The CRA may recover health coverage premiums paid for an employee who fails to return from leave except if the reason is the continuation, recurrence or onset of a serious health condition or something else beyond the employee's control. This is subject to certification. 6-11 MEDICAL, DENTAL, VISION, LIFE INSURANCE: The CRA will offer regular full-time employees medical, dental, vision and life insurance coverage utilized by the City of Boynton Beach as defined in Resolution No. R06-059 dated February 14, 2006 and as may be amended from time-to-time. The CRA will cover the cost for exempt and non-exempt full-time employee insurances. The CRA employee will cover any additional cost for any additional coverage selected for spouse and/or children of the employee. All full time non-exempt and exempt employees are eligible for benefits the first day of the month following 30 calendar days from the employee's hire date. Part time, temporary, and emergency hire employees are not eligible for benefit coverage. Employees on approved leaves of absence must pay the non-subsidized rate for all insurances in effect during their leaves of absence. Upon either voluntary or involuntary termination of employment, benefit payments for medical, dental, vision, and life/disability will continue to be fully paid for by the CRA through the last day of the month following ninety (90) days after the date of employment termination. For example, if the last day of 00950371-2 47 employment is January 15th, benefits will be paid in full by the CRA through the last day of April, or April 30. Regular full time non-exempt and exempt employees that decline (opt out) of medical benefit coverage shall receive a 50% payment in lieu of the associated expense that would have been borne by the CRA. The 50% payment will be calculated using the current payment required by the CRA for employee only medical coverage and shall be included in the employee's bi-weekly pay. 6-12 RETIREMENT: All regular full time exempt and non-exempt employees will be eligible to participate in the CRA's 457(b) Deferred Compensation Plan and 401(a) Profit Sharing Retirement Plan. The 457(b) Deferred Compensation Plan is contributory on the part of the employee and is effective at the end of the employee's probationary period. The CRA will match employee deferral contributions up to a percentage of each employee's gross salary on a fiscal year basis (October through September), in an amount determined by the CRA Board during each fiscal year budget process. The employee is 100% vested immediately upon the employee's achieving full employment status at the end of their initial employment probationary period. There is no match by the CRA if the employee elects NOT to participate in the 457(b) Deferred Compensation Plan. The 401(a) Lump Sum Employer Contribution Retirement Deferred Compensation Plan is non-contributory on the part of the employee. Eligibility for this contribution is based upon the employee's successful completion of the Initial Probationary Period. The amount of the Lump Sum Employer contribution, if granted, is based upon a Uniform Retirement Percentage as determined by the CRA Board and is administered by the CRA Plan Coordinator. Employee's that complete their probationary period during any month of the fiscal year will have the employer contribution prorated. By way of example, if an employee is eligible to receive $3,400.00 (based on an annual salary of $50,370.00) for a full year's employer lump sum contribution the employee will receive a prorated share of that amount for the months between the end of their probationary period and September 30th The employer's full contribution calculation will commence with the start of the next fiscal year. Eligible employees may receive profit sharing contributions regardless of whether they participate in the 457(b) Deferred Compensation Plan. Actual payment of contributions to the 401(a) Lump Sum Employer Contribution Plan is at the discretion of the CRA and may be made at any time during the fiscal year as determined by the CRA Plan Coordinator. 00950371-2 48 6-13 DOMESTIC PARTNER BENEFITS PURPOSE: The Boynton Beach Community Redevelopment Agency (sometimes referred to as the "CRA" in this policy) recognizes that there are many individuals who establish and maintain a significant personal, emotional, and economic relationship with another individual but who choose not to marry. Individuals forming such a domestic partnership often live in a committed family relationship with one another. Domestic partners are often denied certain rights and benefits because there is no established system for such a relationship to be registered and recognized. The Boynton Beach Community Redevelopment Agency recognizes that providing equal benefits is in the best interests of the citizens, residents, and businesses of the Community Redevelopment Agency and promotes a fair and equitable work environment for our employees. SCOPE: This policy applies to all regular full time and part time employees of the Boynton Beach Community Redevelopment Agency. DEFINITIONS: 1. CRA employee means currently employed or retired employees of the Boynton Beach Community Redevelopment Agency, Florida, who are eligible for benefits pursuant to federal, state, or city laws, Boynton Beach Community Redevelopment Agency Policies, or collective bargaining agreements. 2. Declaration of Domestic Partnership means a declaration prepared by the Department and signed under penalty of perjury, which affirms that the individuals referenced in the declaration meet the requirements of a domestic partnership relationship as described in Subsection D. The Declaration of Domestic Partnership shall only be valid as it relates to the Boynton Beach Community Redevelopment Agency employee benefit program. 3. Department means the Boynton Beach Community Redevelopment Agency Human Resources Department. 4. Domestic Partners means only two (2) adults who are parties to a domestic partnership relationship and who meet the requisites for a valid domestic partnership relationship as established pursuant to Subsection D. 5. Dependent, as used with regard to domestic partnership benefits, pursuant to Subsection G, means the domestic partner of a CRA employee. 00950371-2 49 6. Dependent of domestic partner or dependent of employee, as used with regard to domestic partnership benefits, pursuant to Subsection G, means a person who is eligible for coverage under the CRA's insurance plans. 7. Jointly Responsible means each domestic partner mutually agrees to provide for the other partner's basic food and shelter living expenses while the domestic partnership relationship is in effect, except that partners need not contribute equally or jointly to said basic food and shelter. 8. Mutual Residence means a residence shared by the registered domestic partners; it is not necessary that the legal right to possess the place of residence be in both of their names. Two people may share a mutual residence even if one or both have additional places to live. Domestic partners do not cease to share a mutual residence if one leaves the shared place but intends to return. POLICY: The Boynton Beach Community Redevelopment Agency offers group medical insurance for all full and part time employees and their eligible dependents. Payments for dependent coverage will be deducted from the employee's paycheck pursuant to Boynton Beach Community Redevelopment Agency paycheck policies. Domestic partners of employees shall be considered an eligible dependent if they have completed and submitted the Boynton Beach Community Redevelopment Agency Employee Affidavit of Domestic Partnership form and all necessary documentation required by the form, to include: • RESIDENCE — at least two of the following: copy of mortgage document or lease showing both names (joint ownership or leaseholders), copy of marriage certificate or civil union from another state (for same-sex partnerships), copies of drivers licenses or State of Florida identification cards, or tax returns showing the same address. • FINANCIAL RESPONSIBILITY — at least two of the following: copy of statement from a joint bank account, credit cards with same account number for both partners names, vehicle title showing common ownership, a beneficiary designation form for a retirement plan or life insurance policy showing that one domestic partner is the beneficiary of the other, or wills which designate the other as the primary beneficiary. (See Appendix H for form.) Dependent children of the domestic partner may also be considered eligible dependents under the following conditions: 00950371-2 50 • The child(ren) reside with both the employee and the domestic partner, and the domestic partner is responsible for the child(ren)'s well-being; or the domestic partner is required to provide medical coverage for the child(ren) by court order; or • The child(ren) qualifies as the domestic partner's dependent(s) for tax purposes under the federal guidelines; and • The child(ren) meets and continues to meet the eligibility requirements as outlined in the Dependents Eligibility section of the Affidavit of Domestic Partnership form. An Affidavit of Termination of Domestic Partnership must be completed within 30 days of when the domestic partnership eligibility requirements are no longer met or within 30 days of the death of a domestic partner. Coverage of the domestic partner will terminate on the date of death of the domestic partner or on the last day of the first month that the domestic partner and/or domestic partner's eligible dependent child(ren) fails to continue to meet all of the applicable domestic partnership eligibility requirements. (See Appendix H for form.) PROCEDURE: When a domestic partnership has been established in accordance with the definitions listed above, a Boynton Beach Community Redevelopment Agency Employee Affidavit of Domestic Partnership form must be completed along with all the necessary documentation, in order for an employee's domestic partner to be eligible as a covered dependent for health and/or dental and/or vision insurance coverage. The Boynton Beach Community Redevelopment Agency Employee Affidavit of Domestic Partnership form can be obtained from the Human Resources and must be completed in full and submitted to Human Resources for consideration of approval of benefits. SECTION 07: CREDIT CARD POLICY 7-1 POLICY AND FORMS: PURPOSE: The Boynton Beach Community Redevelopment Agency's ("CRA") Purchasing Card (credit card) policy is designed to improve efficiency in processing purchases approved in the annual CRA budget for official CRA business of a public purpose. This program will allow the cardholder to purchase approved commodities and services directly from our vendors. Each purchasing credit card is issued to a named individual and the Agency's name is clearly shown on the card as the governmental buyer of the goods and services. 00950371-2 51 The purpose of this policy is: 1. To provide an efficient method of purchasing and paying for goods and services as approved in the annual CRA budget for Agency business of a public purpose. 2. To ensure that the CRA bears no legal liability from the inappropriate use of the procurement credit cards. 3. To provide for disciplinary action if the purchasing credit cards are misused. Credit Cards are issued to each member of the CRA staff and monthly credit limits are set according to the responsibilities of each position. Procedures General: • With the exception of the Executive Director and the Finance Director, all employee ("Cardholder") credit cards will be secured by the Finance Department. • Credit cards will be released to the Cardholder by the Finance Department, Executive Director or designee upon approved business purchases(s) (verbal or email to Executive Director, copy to Finance Department). • Cardholder will return credit card to Finance Department along with a copy of the receipt immediately after approved purchase(s) or business trip. • Cardholder will retain original receipt and attached to monthly credit card reconciliation form in accordance with procedures outlined below. Cardholder: • Complies with procurement policies and procedures. • Assures that budget exists for purchased items. • Assures receipts identify detail of items being purchased. • Identifies account number, associated dollar value, and reason for purchase on each purchase receipt. • Hold original receipts for monthly credit card reconciliation. • Completes monthly credit card reconciliation and submits to Finance department for payment. • Identify disputed charges. • Responsible for all purchase transactions on the assigned purchasing credit card. Finance • Requests from credit card vendor purchasing card for designated employees. • Sets spending limits for each cardholder. 00950371-2 52 • Provides Purchasing Card agreement to employee. Maintains executed agreement. • Secures employee credit cards. • Releases credit card to employee for approved business purposes. • Receives consolidated and individual statements and distributes to cardholders for reconciliation. • Receives completed employee monthly credit card reconciliations. • Approve/disapprove all purchasing card requests. • Obtains Executive Director approval on individual cardholder reconciliations. • Coordinate issuance and cancellations of cards. • Participate in resolving billing disputes. • Pay all monthly charges from consolidated statement. • Collects cards from cardholders that terminate employment. LOST OR STOLEN PURCHASING CARDS a. If a purchasing card is lost or stolen, the Cardholder must immediately notify the issuing bank and the CRA Finance Department of the loss, verbally and in writing. b. The Cardholder will be responsible for reporting all information necessary to minimize the liability to the CRA for a lost or stolen card. TERMINATION OR TRANSFER OF CARDHOLDER a. When an employee ends his or her employment, Finance shall immediately collect the purchasing card and destroy it. b. If the Finance is unable to collect the purchasing card when an employee terminates, the Finance department will immediately notify the issuing bank to ensure that the card is cancelled. LIMITATIONS ON USE OF PURCHASING CARD CARDHOLDER USE ONLY The purchasing card may be used only by the employee whose name is embossed on the card. No other person is authorized to use the card. The Cardholder is responsible and accountable for all transactions that occur on his/her card. 00950371-2 53 CRA PURCHASES ONLY The purchasing card is to be used for CRA authorized purchases only. The purchasing credit card cannot be used for any personal use. If personal use is unavoidable in the context of travel, the employee will segregate and document such charges and reimburse the CRA accordingly and immediately (see Travel & Entertainment Policy). If items of a personal nature are charged by the employee in error, the employee must immediately submit a check to the Finance department reimbursing the CRA and document such personal use in memorandum form. Personal use will require immediate reimbursement and can result in disciplinary action which may include cancellation of the employee's purchasing card privileges, dismissal and/or criminal charges. In addition to any administrative and disciplinary action that may be taken, the employee may be required to reimburse the CRA for the total amount of the improper charges through payroll deduction or direct payment. PROHIBITED USES OF PURCHASING CARDS The following types of items may not be purchased with a purchasing card, regardless of the dollar amount. • Cash advances • Personal use items PURCHASING CARD SECURITY Your purchasing card should always be treated with at least the same level of care that you do with your own personal credit cards. a. STORAGE OF THE PURCHASING CARD Keep your purchasing credit card in an accessible but secure location. Since you, as the Cardholder, will be the only one using the purchasing card, it needs to be accessible only to you. b. ACCOUNT NUMBER Guard the purchasing card account number carefully! Do not post it at your desk or write it in your day planner. C. SHARING OF CREDIT CARD The only person entitled to use the purchasing card is the person whose name appears on the face of the card. Do not lend your purchasing card to another person for use. d. LOST OR STOLEN CARDS 00950371-2 54 If the purchasing card is lost or stolen, you must immediately notify the credit card issuer, document the report, and notify the Finance Department. MISSING DOCUMENTATION If for some reason the Cardholder does not have documentation of the transaction to support the transaction on the monthly statement, the Cardholder must attach a signed certified description of the purchase. Continued incidents of missing documentation may result in the cancellation of the employee's purchasing card privileges. Attached Forms o CRA Purchasing Card Program Employee Agreement o Credit Card Reconciliation Form 00950371-2 55 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PURCHASING CARD PROGRAM EMPLOYEE AGREEMENT I, - (employee name) (employee social security number), hereby request a Purchasing Credit Card ("Card"). As a Cardholder, I agree to comply with the following terms and conditions regarding my use of the Card. I understand that I am being entrusted with a valuable purchasing tool and will be making financial commitments on behalf of the CRA and will strive to obtain the best value for the CRA by using "preferred suppliers." I understand that the CRA is liable to credit card companies for all charges made on the Card. I agree to use this Card for official business related purchases only and agree not to charge personal purchases. I understand that the Card may not be utilized for cash advances. I will not permit another individual to utilize the Card issued to me. I understand that the CRA will review the use of this Card and take appropriate action on any discrepancies. It is my responsibility to ensure that the supplier has the CRA's tax-exempt number. I agree to return the Card immediately upon request or upon termination of employment, including retirement. I understand that the CRA or Purchase Credit Card companies may suspend or cancel the Card at any time for any reason whatsoever and I shall return the Card immediately upon notification or cancellation. I understand, as a Cardholder, it will be my responsibility to assist in the reconciliation of my monthly statement. This includes: providing supporting charge slips/receipts and listing the reason for the purchase or job it pertains to for all transactions appearing on the statement. I agree with all of the terms and conditions of the Purchasing Manual on the assignment and control of the Purchasing Credit Card. If the Card is lost or stolen, I agree to immediately notify the Finance department immediately (1-561-737-3256) of the loss, verbally, and in writing. Employee Signature and Date Witness Signature and Date Director of Finance and Date 00950371-2 56 Credit Card Reconciliation Form Name Date Date of Expense Amount PO# Account Vendor Business Purpose Participants Coding for Office Supplies 51230-310 $ - 51325-310 $ - 51440-310 $ - 57400-310 $ - 57500-310 $ - Total $ - Total $ - Billed Note: This is the amount showing on your credit card Amount statement. Note: After all expenses are recorded, the difference should be Difference t $0.00. Employee Signature Date Finance Department Signature Date Executive Director Signature Date 00950371-2 57 SECTION 08: COMMUNICATIONS SYSTEMS POLICY 8-1 Statement of Policy. Electronic communications, including the contents of CRA owned computers, telephones and facsimiles are the property of the CRA. This policy is intended to apply to employees' use of their personal equipment that may be used on CRA property (including CRA vehicles), or during CRA-related activity. The purpose of this policy is to set forth guidelines regarding access to and dissemination of information/messages sent or received by CRA employees. The internet, email, phone mail or other communications or information systems of the CRA are not to be used in any manner that is offensive, disruptive, abusive or harmful to others or to CRA morale. Employees in violation of this policy are subject to disciplinary action, up to and including termination. 8-2 No Expectation of Privacy: The CRA treats all computer files, including but not limited to email sent or received, as CRA-related information, and unless expressly exempt, a public record under Chapter 119, Florida Statutes. The CRA has the ability and the right, with or without notice, to access, monitor, review, copy and/or delete any computer files, including but not limited to emails sent or received, and all internet-based and internal communications and/or transactions. If an employee makes incidental use of the CRA's computer system for personal files or email, such employee has no expectation that such personal files will be protected from review and/or deletion by the CRA. Accordingly, employees should not use CRA computer systems to create, transmit or store any information they wish to keep private. Because the CRA is sensitive to legitimate privacy rights of employees, effort will be made to conduct workplace monitoring in a respectful manner. 8-3 Use of Systems for Harassment: Use of the CRA computer system, or of any technology, whether owned by CRA or not to engage in communication that violates CRA policy is strictly prohibited. The CRA prohibits the display, storage or transmission of sexually explicit images, messages, cartoons, or any transmissions or use of communications that contain profane of offensive language; ethnic, religious or racial slurs; or any other communication that will likely be construed as harassment or disparagement of others based on race, color, national origin, gender, age, disability, religion, sexual orientation or political beliefs. 8-4 Non-solicitation; Outside Employment: The CRA computer system shall not be used to solicit for commercial ventures unrelated to CRA business, religious or political causes or outside organizations unless expressly authorized by the CRA. 00950371-2 58 8-5 Software: The CRA prohibits the use of any computer software or programs that are not expressly authorized and installed by the CRA. Employees shall not make unauthorized copies of any computer software or programs installed by the CRA. 8-6 Termination: All equipment and computer-related files, programs and materials issued or purchased by the CRA remain the property of the CRA. Upon voluntary or involuntary termination of employment or service with the CRA, employees may not retain any equipment, computer programs, files or materials. Upon termination, the CRA will turn off all computer and communications systems issued to the terminated employee. 8-7 Reporting: All reports of violations of this policy and all questions related to this policy should be directed to the employee's immediate supervisor, or, if the supervisor is unable to satisfactorily resolve the issue or is closely connected with a violation of the policy, to the Human Resources Department. SECTION 09: MISCELLANEOUS 9-1 Personal Appearance/Dress Code: Employees are expected at all times to present a professional, businesslike image to citizens. Courtesy, appearance, body language and manners are all important in projecting a positive professional image. Employees are expected to dress and groom in a neat, clean and businesslike manner consistent with the position and work location, and demonstrate pride in their job. The following is a guideline of appropriate appearance and attire: Hair should be clean, combed and neatly trimmed or arranged. Unkempt hair is not permissible regardless of length. Sideburns, moustaches, and beards should be neatly trimmed. Administrative personnel who work in offices and any employees who have regular contact with the public must wear clothing that is businesslike in appearance, such as a business suit, business shirt with or without a tie; polo shirt; CRA logo shirt; slacks such as Dockers or similar style; business dress or skirt with a blouse/sweater; or non-denim Capri pants. The length of a dress/skirt is to be no shorter than 3" above the knee. Clothing is not considered businesslike in appearance if it is: ■ Casual sportswear, such as cargo pants, stirrup pants, or stretch pants 00950371-2 59 ■ Ripped or disheveled clothing or athletic wear ■ Skorts or Shorts ■ Garments made of blue denim, Lycra or other form-fitting material ■ Low Rise, low cut, hipster or hip-huggers pants, which leads to exposure of the mid-section ■ Exposure of boxer shorts ■ Sweatshirts, T-Shirts (with the exception of CRA Logo items) or Halter Tops ■ Skirts and Culottes that are greater than 3 inches above the knee ■ Flip-Flops or Athletic shoes ■ Shirts that show any part of an undergarment • Shirts that inappropriately expose cleavage or the mid-section ■ Shirts unbuttoned more than the 21,d button from the top ■ See through, mesh, or clothing that is too tight Each Friday has been designated as dress down day for those employees who regularly follow the office dress code (non-uniformed, clerical, etc). It is a privilege which permits a relaxation of the normal business attire described above. The same guidelines for businesslike attire apply on Fridays, dress down day, with the exception that jeans, tee shirts, and athletic shoes are allowed to be worn. Clothing should be neat in appearance and without tears or holes (even if it is the style). Tee shirts must not have anything that has advertising on it. There are times when traditional business attire should be worn on days when casual attire is permitted. Employees should take the day's schedule into account when they dress. If a meeting is scheduled with visitors, or if there are visitors with whom the employee will come in contact, business attire may be more appropriate. The CRA's primary object is to have employees project a professional image while taking advantage of more casual and relaxed fashions. Any employee who does not meet the standards of this policy will be required to take corrective action, which may include leaving the premises. Non-exempt employees will not be compensated for any work time missed because of failure to comply with this policy. Violations of this policy also will result in disciplinary action. 00950371-2 60 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PURCHASING CARD PROGRAM EMPLOYEE AGREEMENT I, (employee name) (employee social security number), hereby request a Purchasing Credit Card ("Card"). As a Cardholder, I agree to comply with the following terms and conditions regarding my use of the Card. I understand that I am being entrusted with a valuable purchasing tool and will be making financial commitments on behalf of the CRA and will strive to obtain the best value for the CRA by using "preferred suppliers." I understand that the CRA is liable to credit card companies for all charges made on the Card. I agree to use this Card for official business related purchases only and agree not to charge personal purchases. I understand that the Card may not be utilized for cash advances. I will not permit another individual to utilize the Card issued to me. I understand that the CRA will review the use of this Card and take appropriate action on any discrepancies. It is my responsibility to ensure that the supplier has the CRA's tax-exempt number. I agree to return the Card immediately upon request or upon termination of employment) including retirement. I understand that the CRA or Purchase Credit Card companies may suspend or cancel the Card at any time for any reason whatsoever and I shall return the Card immediately upon notification or cancellation. I understand, as a Cardholder, it will be my responsibility to assist in the reconciliation of my monthly statement. This includes: providing supporting charge slips/receipts and listing the reason for the purchase or job it pertains to for all transactions appearing on the statement. I agree with all of the terms and conditions of the Purchasing Manual on the assignment and control of the Purchasing Credit Card. If the Card is lost or stolen, I agree to immediately notify the Finance department immediately (1-561-737- 3256) of the loss, verbally, and in writing. Employee Signature and Date Witness Signature and Date Director of Finance and Date 00950371-2 61 Credit Card Reconciliation Form Name Date Date of Expense Amount PO# Account Vendor Business Purpose Participants Coding for Office Supplies 51230-310 $ - 51325-310 $ - 51440-310 $ - 57400-310 $ - 57500-310 $ - Total $ - Total $ - Billed Note: This is the amount showing on your credit card Amount statement. Note: After all expenses are recorded, the difference should be Difference t $0.00. Employee Signature Date Finance Department Signature Date 00950371-2 62 s' BOYNTON ', WINAMBEACH :." t APPENDIX HIRING AND TERMINATION POLICIES AND PROCEDURES MANUAL Revised December 2021 00950371-2 63 TABLE OF CONTENTS INTRODUCTION 65 I. EQUAL EMPLOYMENT OPPORTUNITY A. EEO Policy Statement 66 B. At-Will Employment 66 C. Equal Employment Opportunity/Anti-Discrimination Policy 66 II. RECRUITMENT & SELECTION A. Research Phase - Overview 67 B. Review External Source Alternative 67 C. Selection Phase - Overview 68 D. Application/Resume Screening 69 III. JOB OFFER STAGE A. Employment Reference Check Policy 70 B. Fair Credit Reporting Act 70 C. Criminal Background Check Policy 70 D. E-Verify 70 E. 1-9 Form Requirements 71 IV. PROGRESSIVE DISCIPLINE AND INVOLUNTARY TERMINATION A. Performance Behavior 70 B. Behavior Problems 70 C. Formal Actions 70 D. Formal Investigation 70 E. Progressive Discipline Policy— Four Steps 74 V. APPENDICES A. Employment Application 75 B. Sample Phone Interview Questions 82 C. Reference Checking Form 85 D. 1-9 Form 88 E. Performance Counseling/Written Warnings 89 F. Separation Report 91 G. Terminated Employee's Reference 93 H. Employee Affidavit Domestic Partnership 95 I. Exit Interview— Policy Form 100 00950371-2 64 INTRODUCTION The contents of this policies and procedures manual does not create a contract, express or implied. It is not all inclusive, and is only a set of guidelines. The manual does not alter the "at- will" relationship between the CRA and the employee (unless the CRA wants to change this traditional relationship). The manual does not guarantee employment for any definite period of time and applies to all CRA employees. The manual supersedes any previous written or unwritten policies. The manual can only be changed in writing, by the Executive Director. In the event of a conflict between this manual and the Human Resources Policy and Procedures Manual, the latter shall govern. 00950371-2 65 I. EQUAL EMPLOYMENT OPPORTUNITY A. EEO Policy Statement Objective The CRA is an Equal Opportunity Employer and prohibits discrimination because of race, color, creed, religion, national origin, sex, age, political affiliation, handicap (except where such factor is a bona fide occupational qualification or is required by State and/or Federal law), sexual orientation, marital status, or veteran status in all aspects of its personnel policies, programs, practices, recruitment, examination, appointment, training, promotion, retention or any other actions and operations. The principles and policies of equal employment opportunity apply to the selection and treatment of independent contractors, temporary personnel or any other persons doing business for or with the CRA. Employees who feel they have been discriminated against should contact the Executive Director, the Human Resources Department or a Board member. The CRA expressly prohibits any form of unlawful employee harassment based on race, color, religion, gender, sexual orientation, national origin, age, disability, or veteran status. Any CRA employee who discriminates against another employee in violation of this policy is subject to discipline up to and including termination. B. At-Will Employment Employment with the CRA is "at will' and is terminable by either party for any reason or no reason. Successful completion of a probationary period does not conclude or alter the "at-will" relationship. C. Equal Employment Opportunity/Anti-Discrimination Policy 1. Scope of Policy The policy of equal employment opportunity and anti-discrimination applies to all aspects of the relationship between the CRA and its employees and job applicants including, but not limited to: • Recruitment • Employment • Promotion •Transfer •Training •Working conditions •Wages and salary administration • Employee benefits and application of policies The principles and policies of equal employment opportunity apply to the selection and treatment of independent contractors, temporary personnel or any other persons doing business for or with the CRA. 00950371-2 66 2. Implementation of Policy The staff of the CRA will be responsible for the dissemination of this policy. Directors, managers and supervisors are responsible for implementing equal employment practices within each department. The Executive Director or his/her designee is responsible for the CRA's overall compliance and shall maintain personnel records in accordance with regulatory compliance. In accordance with Equal Employment Opportunity Commission (EEOC) regulation, the CRA asks that all employees voluntarily self identify race and ethnicity to the extent necessary to ensure that the CRA is in full compliance with federal and state civil rights laws and regulations, and in turn protecting the rights of all employees from discrimination. If an employee declines to self-identify, employment records or observer identification may be used. 3. Procedures CRA practices identified herein include: a. The CRA will display posters regarding equal employment opportunity in areas highly visible to employees. b. All advertising for job applicants includes the statement "An Equal Opportunity Employer - M/F/D/V." II. RECRUITMENT & SELECTION A. Research Phase - Overview 1. Current employees. 2. Employee referrals. 3. Former employees. B. Review External Source Alternatives Include: 1. Companies/organizations; billboards; billing inserts. 2. College and university career services or placement centers. 3. Community schools and colleges. 4. Current prospects, and candidates; ethnic organizations. 5. Internet ads; bulletin boards; Internet newsgroups. 6. New employee referrals; newspaper ads. 7. Newspaper articles; open houses; other companies and agencies that are downsizing. 8. Private employment agencies; professional associations. 9. Professional conferences; professional journal ads. 10. Professional networks. 11. Public employment agencies; radio ads; radio reports. 12. Senior citizen groups; television ads; television reports. 13. Temporary help agencies; trade associations. 14. Trade or professional journal ads or articles. 00950371-2 67 C. Selection Phase -- Overview 1. Resume Review 2. Set Up Interview Appointments 3. Evaluate the candidate's explanation for staying at previous jobs and for leaving previous jobs. a. Evaluate the needs and wants of the candidate for any of the following: 1. Fit with the profession. 2. Fit with the culture and vision of the CRA. 3. Fit with the management or leadership styles of CRA personnel. 4. Fit with the organizational vision and values. 5. Fit with the organizational goals and objectives. 6. Fit with the specific position the candidate is being considered for in terms of job tasks, knowledge skills and abilities. b. Specific job requirements 1. Review the starting salary range and future salary expectations. 2. Review the mandatory and flexible benefits 3. Clarify any special family issues. 4. Clarify the amount of travel involved C. Evaluate the candidate relative to these three (3) key questions: 1. Does the job candidate appear to be fully qualified now? 2. Does the candidate appear to be readily trainable in areas where he or she can become fully qualified? 3. Should the job candidate continue in the selection process? d. Review and obtain the legal release to authorize a background check. e. Ensure the candidate knows that his/her final offer is contingent upon successful completion of the reference check, criminal background check, Fair Credit Reporting Act, and drug testing procedures if applicable for the position. 4. Set up the job-related testing processes if applicable to the position. a. Coordinate the candidate testing to be completed when, where,\ by whom. b. Obtain and review the results of all tests for each candidate and C. Inform the candidate of results of the tests and the next steps in the process. 00950371-2 68 D. Application/Resume Screening 1. Pre-Employment Inquiries: The CRA will follow all applicable laws as interpreted through court rulings and EEOC decisions, that prohibits the use of all pre-employment inquiries and qualifying factors which disproportionately screen out member of minority groups or members of one sex, and are not valid predictors of successful job performance, and cannot be justified by "business necessity." In seeking information from job candidates, the CRA will consider the following factors: a. Will the answers to these questions directly or indirectly reveal information concerning a candidate's membership in a protected class? b. Will the answers to this question, if used in making a selection, result in disparate treatment or disparate effect on minorities and/or members of one sex? C. Is this information really needed to judge a candidate's competence? or qualification for the job in question? 2. Additional Points, Resume Checklist And Areas To Cover During The Screening Process: a. Pre-employment inquiries concerning race, color, religion, sexual orientation, national origin should not be asked. b. Do not ask any non-job-related questions that pertain to marital status, pregnancy, future child bearing plans and number/age of children. C. Do not require pre-employment information about child care arrangements from female candidates only. d. Use an English language proficiency test only if language skill is a requirement of the work to be performed. e. Does the candidate show a steady record of achievement? f. Has the candidate held responsible positions? g. Has the candidate managed his/her position in growth situations, and if so, for how long? h. Has the candidate previously solved key problems similar to the agency's? i. Have there been sudden shifts in careers? j. Is the candidate transient? k. Is the resume clear about education and technical skills? I. Is the resume detailed and explanatory? M. Are prior positions explained adequately? n. Why does the candidate say they want the job? o. Has the candidate supervised or managed people? If so, how many? P. What areas do you want to explore further? 00950371-2 69 III. JOB OFFER STAGE A. Employment Reference Check Policy Job Candidates. To ensure that individuals who join the CRA are well-qualified and have a strong potential to be productive and successful, it is the policy to verify the employment references of the selected candidate prior to extending a job offer. The HR representative is designated to respond to reference check inquiries from other employers. All calls, contacts and written inquiries concerning current or former employees should be referred to the Human Resources Representative. It is the policy of the CRA to provide neutral references concerning former employees. Responses to such inquiries will confirm only the dates of employment, wage rates and the title of position held. (See Appendix C for form). B. Fair Credit Reporting Act (FCRA) Once the results of the reference checks appear satisfactory, a conditional offer of employment may be extended subject to a satisfactory credit and criminal background check. (See Appendix C for form). C. Criminal Background Check Policy The CRA requires a criminal check for all full-time and part-time internal employees once a conditional offer of employment has been extended. Although a disqualification is possible, in accordance with federal and state laws, a previous conviction does not automatically disqualify a candidate from consideration for employment. Depending on a variety of factors (for example, the nature of the position, the nature of the conviction, age of the candidate when the illegal activity occurred), the candidate may still be eligible for employment with the CRA. However, if a candidate attempts to withhold information or falsify information pertaining to previous convictions, the employee will be disqualified from further employment consideration in any position with the CRA due to falsification of an application. Although a conditional offer of employment may be extended to a candidate prior to the completion of the criminal conviction check, the candidate's first day of work in the position must not be prior to the satisfactory completion of the criminal conviction check. D. E-Verify The CRA is enrolled in E-Verify. E-Verify requirements are in addition to IRCA's Form 1-9 requirements. CRA notifies candidates and employees of our participation in E-Verify by posting 00950371-2 70 notice [on our website/in each advertisement/in each location where interviews are conducted/in our offer letter]. Participation in E-Verify requires the CRA to submit Form 1-9 data, including the employee's social security number("SSN"), to the E-Verify system for government verification that the SSN and work authorization are accurate. E-Verify requires that the 1-9 information be entered in the E- Verify system no later than the third day after employment begins [or within 30 days of a current employee hired after November 6, 1986 being assigned to an applicable federal contract]. After completing the Form 1-9 verification, and no later than the third day after employment begins, the person who completed the verification process for the CRA[must submit the E-Verify case/must send a copy of the Form 1-9 [and supporting documents] to [NAME] at [CONTACT INFORMATION] for creation of the E-Verify case]. [E-verification of current employees working on an applicable federal contract is completed by [NAME]. Contact [NAME] at [CONTACT INFORMATION] with any questions.] Each CRA employee who will have a role in E-Verify ("E-Verify operator") must complete the USCIS E-Verify tutorial, be familiar with the E-Verify manual(s) and other USCIS material, and participate in CRA training in employment eligibility verification policies and procedures. E-Verify operators are responsible for tracking and managing all E-Verify queries they initiate and are responsible for ensuring that the CRA is in compliance with E-Verify's requirements. E-Verify queries for employees who do not have an SSN when they begin working for the CRA must be held until the SSN is received. The person submitting the E-Verify request must contact the employee every [2 weeks/30 days/[TIME FRAME]] to request the SSN. A notation must be made in the E-Verify system that the query was held for issuance of the SSN. If an E-Verify query returns a Tentative Nonconfirmation ("TNC"), the person who submitted the query must notify the employee within one business day and provide a copy of the notice, explain what the TNC means and what actions the employee may take. The E-Verify operator must track and ensure any open queries are closed. Any employee receiving a final nonconfirmation will be terminated. E. 1-9 Form Requirements (See Appendix D for 1-9 form). Whenever an employer hires an individual (U.S. citizen or non-U.S. citizen) as an employee, the CRA completes the 1-9 form. An employee is defined as any person who performs labor or services in return for wages or other remuneration. If an employee does not have the proper documentation within three business days of his or her start date, the employer must terminate the employee. Three (3) business days means that the CRA counts weekends and holidays as business days if the CRA is open for business on those days. If within this time the employee produces a receipt showing that he or she has applied for a work authorization or identification document, the employee must be given ninety (90) days to produce the required documentation. 00950371-2 71 1. Compliance With and Completion of the 1-9 Form There are three (3) important sections on the 1-9 form that must be accurately completed in order to comply with the 1-9 requirement. Section 1: The CRA completes section 1 at the time of hire (no later than the date the employee starts). It is the employer's responsibility to assure that the employee fills in the correct information and signs and dates the form. Section 2: The employee must present original documents (not photocopies) that establish identity and employment eligibility. See back of form for documents required. 2. Document Retention a. Retain the 1-9 form for every employee for the full duration of that individual's employment and the longer of (i) three years from the date of the employee's hire or (ii) one year from the date of the employee's termination. b. Keep 1-9 forms with employee's personnel file to facilitate retrieval in the event of an audit. C. The 1-9 employment verification process is an integral part of the CRA's compliance with the U.S. Immigration Laws. 3. Copying Documents Although copying documents is not required (and does not relieve the employer of the obligation to complete the 1-9 forms), in certain circumstances such a practice may be advisable, as follows: a. If copies of the documents are made, the copies must be retained with the 1-9 form. b. Copies of documents may assist the CRA and its Attorney in preparing for a USCIS audit and in defending against claims that appropriate documentation was not demanded or presented. C. In addition, maintaining copies of documents may aid the CRA in defending against assertions that it accepted fraudulent documents that it should be known were not genuine. IV. PROGRESSIVE DISCIPLINE AND INVOLUNTARY TERMINATION A. Performance or Behavior Employee problems that require corrective action generally can be classified as either performance or behavior problems. Appropriately classifying the problem into one of these two categories is an important first step and will enable the HR designee to more effectively determine an appropriate response. 00950371-2 72 B. Behavior Problems 1. Examples of behavior problems include: a. Misconduct b. Negligence C. Insubordination d. Poor attendance e. Other issues 2. Behavior problems are usually completely within the employee's control. For example, employees make conscious decisions every day to either leave home in sufficient time to arrive at work on time or not, to be truthful or not, to follow rules and procedures or not, to follow their supervisor's direction or not. 3. Management can do little beyond clearly stating its expectations and holding each employee accountable to those expectations. a. As a result, these problems should be addressed in a straightforward and direct manner. b. Specifically, when the employee's behavior does not meet the minimum expectations, formal corrective action should be taken in the form of a verbal warning, a written warning or possibly termination. C. Formal Actions 1. A clear statement describing the employee's behavior deficiency, citing specific instances wherever possible. 2. A restatement of the minimum expectations/requirements with regard to the area of deficiency. 3. The consequences to the employee of future occurrences with this and/or related behavior deficiencies. 4. A memo (in the event of a written warning or final written warning) that the employee signs acknowledging that s/he understands the contents of the discussion. D. Formal Investigation 1. Frequently, it is necessary to conduct a formal investigation as a result of an employee's behavior problem. 2. When the investigation concerns employee misconduct, negligence or illegal behavior, it is a good practice to suspend the alleged violator, with pay, pending the outcome of the investigation. 3. when this occurs, it is in the best interest of all parties concerned to conduct a thorough and expeditious investigation. 00950371-2 73 4. If wrongdoing is found, it is appropriate to either go back and not] pay the employee for the period of the investigation or terminate the employee effective the first date of suspension, or last written warning. 5. This practice will foster a presumption of innocence until guilt is proven. E. Progressive Discipline Policy - Four Steps Step One: Verbal counseling should be documented. 1. The documentation, which should include the date and time of the session, serves to memorialize the session so that it can be referred to subsequently. 2. The employee should be told that this is only a verbal counseling but should be asked to sign the documentation. Step Two: First Written Warning. Step Three: Second Written Warning at the discretion of the Executive Director accompanied by a short suspension (usually one (1) to three (3) days with a long suspension) and usually at least one (1)work week. This may also be the Final Warning. Step Four: Termination. 1. Some serious infractions warrant skipping one or more steps and jumping to a higher level of discipline (very serious infractions such as fighting or theft may warrant termination as the first and only step). 2. For very serious infractions, it may be appropriate to suspend an employee. 3. For example, it may be advisable to suspend employees involved in a physical altercation because the primary objective may be to remove the danger rather than to announce a termination and risk the escalation of a potentially dangerous situation. See Appendix E-G for relevant forms. 00950371-2 74 APPENDIX A 00950371-2 75 APPLICATION FOR EMPLOYMENT 710 N. Federal Highway, Boynton Beach, FL 33435 BOYNTON `111 000"BEACK", The Boynton Beach (CRA) is an equal opportunity employer. It is the policy of the CRA to prohibit discrimination of any type and to afford equal employment opportunities to employees and applicants,without regard to race, color, religion, sex, national origin, age, disability, sexual orientation or veteran status. PERSONAL: Name: Date: Last First Middle MO/YR Address: Number& Street City State Zip Code Position Sought: Full Time Part Time Date Available: Salary Desired: Phone Number: Social Security Number: Are you over 18 years old? Yes_ No Are you legally eligible for employment in the United States? Yes_ No_ (If offered employment, you will be required to provide documentation to verify eligibility.) EDUCATION: Please indicate education or training which you believe qualifies you for the position you are seeking High School: No. of Yrs Completed (circle one) 1 2 3 4 Diploma: Yes_ NoG.E.D. : Yes_ No School(s): City/State: College and/or Vocational School: Number of Years Completed (circle one) 1 2 3 4 School(s): City/State: Major: Degrees Earned: 00950371-2 76 Other Training or Degrees: School(s): City/State: Course: Degree or Certificate Earned: PROFESSIONAL LICENSE OR MEMBERSHIP: Type of License(s) Held: State of Florida License: License Expiration Date: Other Professional Memberships: (You need not disclose membership in professional organizations that may reveal information regarding race, color, creed, sex, religion, national origin, ancestry, age, disability, marital status, veteran status or any other protected status.) This application for employment is good for thirty (30) days only. Consideration for employment after thirty (30) days requires a new application SKILLS: (Check all that apply) Office: Data Entry: Excel or: Typewriter: wpm: Other: Word-Processing: WordPerfect: MSWORD: Other: Other Software Skills: No: RECORD OF CONVICTION: During the last ten years, have you ever been convicted of a crime other than a minor traffic offense? Yes No If yes, explain: (A conviction will not necessarily automatically disqualify you for employment. Rather, such factors as age and date of conviction, seriousness and nature of the crime, and rehabilitation will be considered). 00950371-2 77 EMPLOYMENT: List most recent employer first, including U.S. Military Service. May we contact your present employer? Yes No If any employment was under a different name, indicate name Employer: Address: Telephone: Position: Dates of Employment: From: To: MO/YR MO/YR Salary: Supervisor: Department: Duties: FT: PT: No. Of Hrs. Reason for Leaving: Employer: Address: Telephone: Position: Dates of Employment: From: To: MO/YR MO/YR Salary: Supervisor: Department: Duties: FT: PT: No. Of Hrs. Reason for Leaving: Employer: Address: Telephone: Position: Dates of Employment: From: To: MO/YR MO/YR Salary: Supervisor: Department: Duties: FT: PT: No. Of Hrs. Reason for Leaving: 00950371-2 78 If you wish to describe additional work experience, attach the above information for each position on a separate piece of paper. Explain any gaps in work history: Have you ever been discharges or asked to resign from a job? Yes No If yes, explain: REFERENCES: Name Name Address Address Phone ( ) Phone ( ) Name Name Address Address Phone ( ) Phone ( ) APPLICANT'S CERTIFICATION AND AGREEMENT I hereby certify that the facts set forth in the above employment application are true and complete to the best of my knowledge and authorize the Boynton Beach CRA to verify their accuracy and to obtain reference information on my work performance. I hereby release the Boynton Beach CRA from any/all liability of whatever kind and nature which, at any time, could result from obtaining and having an employment decision based on such information. I understand that, if employed, falsified statements of any kind or omissions of facts called for on this application shall be considered sufficient basis for dismissal. I understand that should an employment offer be extended to me and accepted that I will fully adhere to the policies, rules, and regulations of employment of the Boynton Beach CRA. However, I further understand that neither the policies, rules, regulations of employment or anything said during the interview process shall be deemed to constitute the terms of an implied employment contract. I understand that any employment offered is for an indefinite duration, and at will, and that either I or the Boynton Beach CRA may terminate my employment at any time or without notice or cause. Signature of Applicant Date 00950371-2 79 FAIR CREDIT REPORTING ACT DISCLOSURE STATEMENT FORM (The disclosure below must be by itself on a separate page.) By this document, the Boynton Beach CRA discloses to you that a consumer report may be obtained for employment purposes as part of the pre-employment background investigation and at any time during your employment. Please sign below to signify receipt of the foregoing disclosure. Candidate Signature Date WAIVER "This shall authorize the procurement of a consumer report by the Boynton Beach CRA as part of the pre-employment background investigation. If hired, this authorization shall remain on file and shall serve as an ongoing authorization for the Boynton Beach CRA to procure consumer reports at any time during my employment period." Candidate Signature Date 00950371-2 80 INVESTIGATIVE REPORT DISCLOSURE STATEMENT If using investigative consumer reports, the Agency must supplement the disclosure to comply with the additional requirements as follows: (The disclosure below must be on a separate page.) By this document, the Boynton Beach CRA discloses to you that a consumer report, including an investigative consumer report containing information as to your character, general reputation, personal characteristics, and mode of living, may be obtained for employment purposes as part of the preemployment background investigation and at any time during your employment. Should an investigative consumer report be requested, you will have the right to demand a complete and accurate disclosure of the nature and scope of the investigation requested and a written summary of your rights under the Fair Credit Reporting Act. Please sign below to signify receipt of the forgoing disclosure. Candidate Signature Date 00950371-2 81 APPENDIX B 00950371-2 82 SAMPLE PHONE INTERVIEW QUESTIONS General The "general" questions provide you the opportunity to assess some important personal characteristics such as level of maturity, willingness to go the "extra mile", work ethic, depth and breadth of previous work experience, level of realistic self-assessment, and reasonableness of the candidate's expectations relative to working for X Corporation. What, in your opinion, are the crucial factors that make a Manager/first line supervisor succeed? What do you consider your most important accomplishments to date and how do they relate to This position? Adaptability/Flexibility Questions in this dimension provide the opportunity to assess the degree to which the candidate is able to modify his/her behavior in order to adapt to changes in situations, time constraints and the changeable behaviors of others. When have you had to reschedule your time to accommodate an unexpected workload? Who or what was affected, and what were the outcomes? Please provide two or three examples when you went beyond the call of duty to get something done. This position requires an employee to work either days, afternoons, nights, weekends and holidays. An employee may also be called back to work or called in when they are not working.Are you willing to work these varying hours?Also, is there anything that would interfere with you being able to work varying hours? Integrity The integrity question provides you the opportunity to assess some important personal characteristics such as the ability to conduct oneself in a manner above reproach, and maintaining a good self-image for him or herself and X Corporation. How would you describe yourself in terms of your integrity, and what would two of your former supervisors and one of your co-workers say about your work habits, positive and negative, in general? Interest in Position The question in this category provide you the opportunity to assess the candidate's interest in working for Corporation X: performing day-to-day activities and their dedication to this position and corporation. 8. Please outline why your knowledge, skills, abilities (ksa's), educational background and other personality characteristics qualify you for this position. Prioritizing/Planning The question in this category provide you the opportunity to assess the candidate's ability to prepare, plan, and prioritize problem situations, tasks and responsibilities for him or herself in order to reach objectives and goals within time constraints. 00950371-2 83 9. What would you do during your probationary period to be the most effective and efficient? Reasoning and Judgment The question in this dimension enable you to assess the degree to which a candidate demonstrates the ability to recognize and identify problems, issues and concerns and connect one piece of information with another. 10. What has been a problem that you had to deal with in past employment situations? Tell us about how you analyzed the situation, how you identified the key factors, and developed your conclusions? Manageability The question in this dimension provide assessment of a candidate's "manageability" in terms of following orders, accepting constructive criticism and feedback, and the level of satisfaction with being a team member versus acting autonomously with limited regard or respect for the chain of command. 11. What kind of experience have you had working or being in a team environment and what do you need to feel sufficiently recognized for your contributions in fulfilling the X Corporation's mission? Second part of question; What kind of people do you dislike working with and how do you handle it when you have to work with them? 00950371-2 84 APPENDIX C 00950371-2 85 REFERENCE CHECKING FORM Candidate Name: Last First Middle Initial Reference Name: Company Name: Dates of Employment: From: To: Position(s) Held: Salary History: Reason for Leaving: Explain the reason for your call and verify the above information with the supervisor (including the reason for leaving). 1. Please describe the type of work for which the candidate was responsible. 2. How would you describe the applicant's relationships with coworkers, subordinates (if applicable), and with superiors? 3. Did the candidate have a positive or negative work attitude? Please elaborate. 4. How would you describe the quantity and quality of output generated by the former employee? 00950371-2 86 REFERENCE CHECKING FORM 5.What were his/her strengths on the job? 6.What were his/her weaknesses on the job? 7.What is your overall assessment of the candidate? 8.Would you recommend him/her for this position? Why or why not? 9.Would this individual be eligible for rehire? Why or why not? Other comments? 10. We are considering the candidate for a position that requires (Independent judgement, managing others, public contact, etc.). Do you believe the candidate can be successful in such a position? Why or why not? 00950371-2 87 APPENDIX D See files for 1-9 form 00950371-2 88 APPENDIX E 00950371-2 89 PERFORMANCE COUNSELING /WRITTEN WARNING EMPLOYEE: DATE: ❑ Counseling ❑ 1St Written Warning ❑ 2nd Written Warning The purpose of this discussion is to once again bring to your attention ongoing deficiencies in your conduct and/or performance. The intent is to define for you the seriousness of the situation so that you may take immediate corrective action. Your job performance or conduct has been unsatisfactory, and must improve. REASON FOR COUNSELING OR WARNING: CORRECTIVE ACTION REQUIRED AND TIME FRAME: You and I will meet at the end of days to review your progress. If significant improvement is not shown at the end of The warning process, your employment with the Boynton Beach CRA will be terminated. Please sign below. Your signature on this document is an acknowledgment that this matter has been discussed with you and you have reviewed this document prior to inclusion in your personnel file. You also acknowledge and understand the potential consequences of non- compliance. EMPLOYEE SIGNATURE: DATE: SUPERVISOR SIGNATURE: DATE: 00950371-2 90 APPENDIX F 00950371-2 91 SEPARATION REPORT Employee: Supervisor: Start Date: Separation Date: Last Day Worked: Total hours worked: Accrued Vacation: Sick time: Comp time: (FOR PAYROLL USE ONLY) REASON FOR TERMINATION: o poor job performance o violation of CRA policy o did not meet performance goals o harassment or discrimination o excessive absenteeism o insubordination o lack of work o negligence o misconduct o discharge o terminated within 90 days of hire o other: Employee Receiv Wages in lieu of notice Separation Pay Vacation Pay Sick Pay Comp Time Voluntary Termination [ ] Involuntary Termination [ ] Was employee given reason for discharge? Yes [ ] No [ ] Had employee been warned about their conduct, attendance, work etc.? Yes [ ] No [ ] Is employee eligible for rehire? Yes [ ] No [ ] If no, why? Employee Signature: Date: [ ] Employee Refused to sign [ ] Employee unavailable for signature [ ] Copy mailed via certified letter with return receipt Supervisor Signature: Date: Executive Director: Date: [ ] Copy to Employee 00950371-2 92 APPENDIX G 00950371-2 93 TERMINATED EMPLOYEE REFERENCE As a former employee of the CRA, I understand that at some time in the future, someone may call the CRA for a reference. I give my permission for the following information to be provided on my behalf: ❑ A disclosure of my work record, including but not limited to: attendance performance reason for separation dates of employment title or position and rate of pay eligibility for re-hire ❑ A partial disclosure of my work record dates of employment eligibility for re-hire rate of pay ❑ A disclosure of my dates of employment only and an explanation that this limited reference was at my request. I recognize that by law, my former employers are required to provide information to a prospective employer if I am considered a harassment or workplace violence risk. Employee Signature Date Witness Signature Date 00950371-2 94 APPENDIX H 00950371-2 95 EMPLOYEE AFFIDAVIT OF DOMESTIC PARTNERSHIP I, , submit this Affidavit to the Boynton Beach Community Redevelopment Agency and declare to establish as my Domestic Partner (as defined below) for the purpose of applying for medical insurance and any other benefits offered to dependents of an employee of the Boynton Beach Community Redevelopment Agency. "Domestic Partner" means a person of the same or opposite sex with whom the employee has established a Domestic Partnership. "Domestic Partnership" means a relationship between an employee and one other person of the same or opposite sex, who meet all of the following eligibility requirements: a) Each person is at least eighteen (18) years old and legally competent to contract; b) Neither person is in a current marriage recognized by the state of Florida nor currently a partner to another domestic partnership or civil union with any individual other than the other person signing the declaration of domestic partnership; c) Neither partner is related to the other by blood; d) Consent of either person to the domestic partnership relationship has not been obtained by force, duress or fraud; e) Each person agrees to be jointly responsible for each other's basic food and shelter; f) Each partner considers himself or herself to be a member of the immediate family of the other partner; g) The partners reside in a mutual residence; h) Each domestic partner agrees to immediately notify the Department, in writing, if the terms of the Declaration of Domestic Partnership are no longer applicable or if one (1) of the domestic partners wishes to terminate the Domestic Partnership. i) Neither individual has signed a Domestic Partner Affidavit or declaration with any other person within the last twelve (12) months prior to designating each other as Domestic Partners with the Boynton Beach Community Redevelopment Agency. I affirm that we are Domestic Partners and meet the Domestic Partnership eligibility requirements and reside together at: 00950371-2 96 (street address) (city, state, zip) I have attached the following documents as evidence of common residence and joint financial responsibility. These documents are the most current and valid to the best of my knowledge. • RESIDENCE — at least two of the following: copy of mortgage document or lease showing both names (joint ownership or leaseholders), copy of marriage certificate or civil union from another state (for same-sex partnerships), copies of drivers licenses or State of Florida identification cards, or tax returns showing the same address. • FINANCIAL RESPONSIBILITY—at least two of the following: copy of statement from a joint bank account, credit cards with same account number for both partners names, vehicle title showing common ownership, a beneficiary designation form for a retirement plan or life insurance policy showing that one domestic partner is the beneficiary of the other, or wills which designate the other as the primary beneficiary. DEPENDENT CHILD(REN) OF DOMESTIC PARTNER — CERTIFICATION Domestic Partner Dependent Child(ren) Last Name First Name Middle Date of Birth Last Name First Name Middle Date of Birth Last Name First Name Middle Date of Birth Last Name First Name Middle Date of Birth Last Name First Name Middle Date of Birth We hereby certify that the above named child(ren) of the Domestic Partnership meet all of the eligibility requirements listed below for coverage under the group medical plan. • The child(ren) reside with both the employee and the domestic partner, and the domestic partner is responsible for the child(ren)'s well-being; or the domestic partner is required to provide medical coverage for the child(ren) by court order; or 00950371-2 97 • The child(ren) qualifies as the domestic partner's dependent(s) for tax purposes under the federal guidelines; and • The child(ren) meets and continues to meet the eligibility requirements as outlined in the Dependents Eligibility section of the Affidavit of Domestic Partnership form. I further acknowledge and understand: • 1 have an obligation to submit to the Boynton Beach Community Redevelopment Agency an Affidavit of Termination of Domestic Partnership within 30 days of when the Domestic Partnership eligibility requirements are no longer met or within 30 days of the death of my Domestic Partner. Coverage of the domestic partner will terminate on the date of death of the domestic partner or on the last day of the first month that the domestic partner and/or domestic partners eligible dependent child(ren) fails to continue to meet all of the applicable domestic partnership eligibility requirements. • 1 cannot file another Affidavit of Domestic Partnership for a new Domestic Partner until at least 12 calendar months after a statement of death or Termination of Domestic Partnership has been filed. • Any fraudulent statement, omission, or concealment of facts, misrepresentation, or incorrect information contained in the Affidavit of Domestic Partnership may result in my being responsible for reimbursement of any expenses paid by the Boynton Beach Community Redevelopment Agency's medical carrier, or in the denial of the claim or cancellation or rescission of coverage under this contract. Disciplinary action pursuant to Boynton Beach Community Redevelopment Agency Human Resources Manual may be taken up to and including termination of employment. I affirm that the information provided above is true and complete to the best of my knowledge. Signature of Employee Date Signature of Domestic Partner Date Notary as to Employee: Signature of Notary Public Date (SEAL) Notary as to Domestic Partner: Signature of Notary Public Date (SEAL) 00950371-2 98 EMPLOYEE AFFIDAVIT OF TERMINATION OF DOMESTIC PARTNERSHIP I, , submit this Affidavit to the Boynton Beach Community Redevelopment Agency and declare to terminate as my Domestic Partner for the purpose of applying for medical insurance and any other benefits offered to dependents of an employee of the Boynton Beach Community Redevelopment Agency, effective If the reason for dissolving the Domestic Partnership is for a reason other than the death of the Domestic Partner, I affirm that I have notified my Domestic Partner of the termination of this Domestic Partnership as indicated by one of the following methods: a) My Partner has joined in this Affidavit of Termination of Domestic Partnership by signing below in the presence of a notary public; or b) Notice was delivered to my former Domestic Partner by registered or certified mail, return receipt requested at his/her last known address. I have provided the proof of service (return receipt) to the Boynton Beach Community Redevelopment Agency as required, by attaching such proof to this form. I understand that I cannot file another Affidavit of Domestic Partnership for a new Domestic Partner until at least 12 calendar months after signing and submitting this Affidavit of Termination of Domestic Partnership to the Boynton Beach Community Redevelopment Agency. I affirm that the information provided above is true and complete to the best of my knowledge. Signature of Employee Date Signature of Domestic Partner Date Notary as to Employee: Signature of Notary Public Date (SEAL) Notary as to Domestic Partner: Signature of Notary Public Date (SEAL) 00950371-2 99 APPENDIX 1 00950371-2 100 EXIT INTERVIEW POLICY Purpose: To ensure that exiting employees are informed of their benefits and rights and to maintain accurate records on reasons for termination of employment. Policy: It is the policy of the Boynton Beach Community Redevelopment Agency ("CRA") to ensure that any employee whose employment is being terminated (voluntarily or involuntarily) receives an exit interview. The exit interview shall be held at the time of the employee's discharge. The interview will be conducted by the Executive Director or designee. The objectives of the exit interview are as follows: o To determine the actual reason for an employee's resignation; o To discover any grievances the employee may have about the department in order that corrective action(s) may be undertaken; o To discover any misunderstandings the employee may have had about his/her job, or with his/her supervisor(s) in order that corrective action(s) may be undertaken, o To retain the goodwill of the employee toward the CRA; o To review administrative details with the employee such as benefits continuation rights and conversion privileges, if any, final pay, re-employment policy, and employment compensation; and o To arrange for the return of any CRA property which has not already been returned to the department supervisor. Procedure: 1. When an employee announces his/her intention to resign, the supervisor/department head should schedule an exit interview for the employee with the CRA Executive Director or designee as soon as possible. 2. When a decision has been made to terminate an employee, the employee should meet with the CRA Executive Director or designee for an exit interview as soon as possible, as appropriate. 3. During the exit interview, the CRA Executive Director or designee will seek to meet all objectives listed in this Exit Interview Policy statement. 4. The departing employee will complete the Exit Interview Form (sample attached) as thoroughly as possible. 5. Any information obtained during the exit interview may be disclosed to (and/or discussed with) the supervisor, the Department Head, the CRA Executive Director and the Board of Commissioners in order to investigate any allegation(s) made and/or to be made aware of emerging problem(s). The Department Head, the CRA Executive Director may make recommendations to the Board of Commissioners for corrective action based on the information contained in the exit interview. 00950371-2 10 1 EXIT INTERVIEW FORM Employee's Name: Job Title: Department: Employed From To Reason for Leaving: Resignation Discharge Layoff Other Have you accepted another position? Yes No If yes, where? Present Title: New Title: Present Salary: New Salary: Additional Fringe Benefits offered by new employer: 1. How long ago did you begin searching for another position? What incident or circumstance(s) made you begin looking for another job? 2. What were the reasons you decided your career goals could not be met here or could be better met somewhere else? 3. Did you speak with your supervisor or anyone else in management concerning your career goals? Yes No 4. If the answer to 3 above was Yes, what was the outcome of this conversation? 5. If the answer to 3 above was No, why not? 00950371-2 102 6. Did you get along well with your supervisor? Yes No . If No, please explain: 7. How well did your supervisor handle any complaints or grievances you may have had? 8. What could have been done to make your job here more rewarding? 9. What did you like best about your job? 10. What did you dislike about your job? 11. What makes the CRA a good place to work? 12. What makes the CRA a poor place to work? 13. How does your new position compare with the one you are leaving? 14. How would you rate the following: ➢ Job responsibilities? o Outstanding o Very Good o Satisfactory o Fair o Unsatisfactory ➢ Opportunity for achieving goals? o Outstanding o Very Good o Satisfactory o Fair o Unsatisfactory ➢ Work environment? o Outstanding o Very Good o Satisfactory o Fair o Unsatisfactory ➢ Supervisor? o Outstanding o Very Good o Satisfactory o Fair o Unsatisfactory ➢ Pay? o Outstanding o Very Good o Satisfactory o Fair o Unsatisfactory 00950371-2 103 ➢ Benefits? o Outstanding o Very Good o Satisfactory o Fair o Unsatisfactory 15. What recommendations would you have for making your department and/or the CRA a better place to work? 16. Would you have stayed if a more-satisfactory arrangement could have been worked out? Yes No If yes, explain: 17. It has been explained to me that completion of this Exit Interview form is voluntary and I was given the option not to complete this form if I so desired. Yes No 18. 1 authorize the placement of this Exit Interview form in my personnel file: Yes No Employee Signature: Date: 00950371-2 104 EMPLOYEE RECEIPT AND ACCEPTANCE I have this day received the Boynton Beach Community Redevelopment Agency ("CRA") Human Resources Policies and Procedures Manual ("Manual") and I understand that I am responsible for reading the policies and procedures described within it. I understand that the policies, procedures and benefits contained in this Manual may be modified by the CRA at any time. I understand that I am expected to follow the policies and procedures outlined in this Manual. I also understand that any violation of these or any other CRA policy, practice or procedure will subject me to disciplinary action, up to and including separation. I understand that my employment is at-will, which means that the CRA may discharge me at any time, for any reason whatsoever, with or without cause and with or without notice. I understand that the CRA will not modify its policy of employment-at-will in any case. I understand that nothing within this Manual or within any of the CRA's policies, practices or procedures is intended to create a contract of employment, express or implied, or a guarantee of continued employment for a specific duration or interfere with, restrain, or prevent employee communications regarding wages, hours or other terms and conditions of employment. I understand and acknowledge that when the term "HR Designee" is used in this Manual it means a member of FordHarrison LLP. As instructed in this document, I may reach the HR Designee by calling 261-345-7512. 1 acknowledge that I must be prepared to provide my name, phone number and employer. If I have any questions regarding the content or interpretation of this Manual, I will bring them to the immediate attention of the Executive Director. Employee Signature Date Executive Director Signature Date 00950371-2 105 From: Simon, Michael To: Coggin, Mercedes;Jenkins.Jobara; Nicklien.Bonnie; Roberts. Renee;Smith-Coffey,Tracy;Shutt.Thuv; Utterback.Theresa; Hill.Vicki Subject: Vacation and Sick Leave Pay-out Date: Thursday,July 30,2020 8:40:09 AM Attachments: imaae919493.Dng imaae495318.Dng imaae441004.Dna imaae974318.Dng imaae924452.Dna imaae832952.Dng imaae280139.Dna Importance: High Good morning CRA Team: Due to the unique circumstances and vast limitations relating to travel and other issues brought on by Covid-19, under the authorities granted to me by the CRA Board's Emergency Order, I am approving an increase to number of hours allowed to be used for pay-out of accrued vacation and sick leave from the current maximum of 60 hours, to a maximum of 80 hours provided that the required number of hours remaining meets the current criteria below (Human Resource Manual ref, pgs. 40-41): Vacation Leave: CRA employees may submit a request for pay out of a maximum of 60 hours of accrued vacation hours during each Fiscal Year provided the number of vacation hours remaining is not less than 180 hours. Sick Leave: CRA employees may submit a request for pay out of a maximum of 60 hours of accrued sick leave during each Fiscal Year provided the employee's number of accrued sick leave remaining is not less than 240 hours. I hope this may be of some help you in these mental and financially stressful times. % �..r-r, EEE: Execlltre Eire r Bovliuoli Beach (CcJiYHYH,xii� F.vuv v ,.;Elr nt 1'..�,ncr 33435 " a Ave, c3'%ii 31i Beach, srl. .1.1 Ocean� w. 561-600-9091561-737-325,' http://www.boyntonbeachcra.com 18 America's Gateway to the Gulfstream Nease be advisedthat F�orida has a broad pubhc records �avvand aU correspondenceto me via emai� may besu�ecttodiscosure,UnderF�oridarecords �av , emai� addresesarepubhcrecords� Therefor� youre mammunication and your emaaddress may be suD ectto pubhc disc�osure, CITY OF BOYNTON BEACH FINANCIAL SERVICES DEPARTMENT MEMORANDUM To: All Employees From: Lori LaVerrier ' '` ; N ,.. � Date: March 30, 2022 Subject: Employee Temporary Relief Program (Emergency Cash Policy) We recognize the unprecedented challenges each of you have been facing due to the COVID-19 pandemic as well as rising costs of daily living. To help you through these work-life difficulties, we have created a temporary Relief Program. This will be provided to all City employees (pending bargaining or a waiver of bargaining if applicable) effective April 1, 2022 through September 30, 2022. Below are the temporary policies of the program. Additional personal leave cash-in Lconversion of leave for EmeM2ncy Pa outs- For those eligible to accrue and cash in personal leave time, the maximum cash-in cap of 80 hours has been temporarily lifted. As a result, you will be allowed to request conversion of leave as an unlimited amount and number of times before the end of the fiscal year(with qualifying expenses). In addition, the minimum leave balance of 80 hours is temporarily lifted and reduced to a 40- hour minimum. The last pay period of the fiscal year is September 12 through September 25, 2022. Therefore, September 2511'will be the last day approved cash-in requests will be accepted, to be paid out on the last payroll date of September 30, 2022. The emergency Cash Policy form will temporarily be changed for this program and will continue to require approval of the proper designees. The existing provisions of the collective bargaining agreements regarding personal leave, including accrual rates and requests for leave, will remain unchanged and followed accordingly. Please contact your supervisor, director or department head for any questions or concerns you may have. These have been difficult times, enduring the pandemic and economic crises. Concerned for your wellbeing we want to continue to do what we can to alleviate some of the personal, financial impacts on a temporary basis until we begin a new fiscal year. I want to thank each of you for your loyalty, dedication, and hard work through these ever-changing conditions, while never failing to serve our residents. Page 1 of 1 BBCRA AREA ik riMinerRoad :i tki Gateway EsIvt.�5� ® I: Gate 4 2 L:•••• C ,4,,.,_ CDLegend NE 15t11,4i,„ CRA Boundary Boynton Canal ro o 0 U c 11 o 3 c _ '' I 1 6 5 CRA Districts -0 Crat a L Li. f z 4 Ocean Ridge 1 Federal Highway zUy, Boynton Bead 2 Boynton Beach 2 • Boulevard r ist Ct 3 'n Ave 3 Cultural m 4 Downtown s o 3 s 5 Heart of Boynton 1 U , 6 Industrial Craft {n en cpn73 0 U. C CCG h I, C 0, o 0 ,� 2 1 t n co G` cc U ili Briny Breezes t3td"Ave• a` ;F �. 1,650 ZQ Total BBCRA a ��7 Acreage 0 ., 5 Gulf Stream r r. C7 mac rest Scrub Natural.Area hd T r m N a, al u n 13 too E. OCEAN AVENUE, 4th FLOOR, BOYNTON BEACH, FL 33435 • 561.737.3256