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Agenda 06-14-22
d BEACK�,,,,,,CRA OWN= COMMU N FTY REDEVELOPMENT AGENCY Community Redevelopment Agency Board Meeting Tuesday, June 14, 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 9. Public Comments A. The public comment section of the meeting is for public comment on items that are not on the agenda. For items on the agenda, the public will be given an opportunity to comment at the time each item is considered. Each speaker will be given a total of three (3) minutes to comment; however the Board retains the right to reduce the number of minutes prior to the start of public comment. Persons making public comment may not assign or donate their public comment time to another individual to allow that other individual additional time to comment; however, any persons requiring assistance will be accommodated as required by the Americans with Disabilities Act. Prior to addressing the Board, please go to the podium or unmute your device when prompted, and state your name and address for the record. 10. Consent Agenda A. CRA Financial Report Period Ending May 31, 2022 B. Approval of CRA Board Workshop Minutes-April 30, 2022 and May 21, 2022 C. Approval of a 6-Month Extension to the Commercial Rent Reimbursement Grant Program in the Amount of$6,798 for Studio Glo, LLC located in Flamingo Plaza at 413 S. Federal Highway 11. Pulled Consent Agenda Items 12. Old Business A. Presentation by Palm Beach County Housing Authority on the Properties (TABLED within the CRA District 05/10/2022) B. Discussion and Consideration of Request from the USPS to Remain at the (TABLED CRA-owned Property Located at 217 N. Seacrest Boulevard Post-Closing 05/10/2022) C. Discussion and Consideration of Purchase and Sale Agreement for 1213 NW 4th Street, the Cherry Hill Mart 13. New Business A. Consideration and Discussion of the Boynton Beach CRA Policy for Addressing Letters of Intent to Purchase or Lease Property Owned by the CRA B. Consideration of Alliance Residential's (d/b/a Boynton Beach Apartments Venture, LLC) Request to Lease CRA-Owned Properties for Temporary Employee Parking for the Two Georges Restaurant During Construction of the Broadstone Boynton Beach Mixed-Use Project C. Consideration of Changing the Start Time for the CRA Board Meetings D. Discussion and Consideration of Direction and Assignments for CRA Advisory Board E. Discussion and Consideration of Letters of Intent for the CRA-owned Property located at 401-411 E. Boynton Beach Boulevard F. Request by the City of Boynton Beach for a Temporary Suspension of the Neighborhood Officer Program (NOP) 14. CRA Projects in Progress A. CRA Economic& Business Development Grant Program Update B. Rock the Block Recap C. Social Media & Print Marketing Update D. Tree Canopy Coverage Project Update E. MLK Jr. Boulevard Corridor Mixed Use Project (d/b/a Heart of Boynton Village Apartments) Update 15. Future Agenda Items A. Semi-Annual Progress Report- MLK Jr. Boulevard Corridor Mixed Use Project (dba Heart of Boynton Village Apartments LLC) B. Semi-Annual Progress Report- MLK Jr. Boulevard Corridor Mixed Use Project (aka Heart of Boynton Village Shops) C. Project Update on the Bride of Christ Daycare Center at NE 10th Avenue D. Discussion and Consideration of Purchase and Development Agreement for the Boynton Beach CRA-owned Properties located at 402 and 404 NW 12th Avenue E. Discussion and Consideration of Letters of Intent for the Cottage District Infill Housing Redevelopment Project F. Discussion of Hurricane Alley Lease G. Consideration and Discussion of Fiscal Year 2022-2023 Project Fund Budget 16. Adjournment NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE,WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S.286.0105) THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITHA DISABILITYAN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CRA. PLEASE CONTACT THE CRA, (561) 737-3256,AT LEAST 48 HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CRNS WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CRNS WEB SITE CAN BE OBTAINED FROM THE CRA OFFICE. i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: June 14, 2022 CONSENT AGENDA AGENDAITEM: 10.A. SUBJECT: CRA Financial Report Period Ending May 31, 2022 SUMMARY: CRA Financial Services staff is providing the CRA Board with the monthly financial and budget reports for the period ending May 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 May 31, 2022. ATTACHMENTS: Description D Attachment I - Monthly Financial Report for Period Ending May 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-May 31,2022 Total Debt Service Governmental General Fund Projects Fund Fund Funds REVENUES Tax increment revenue 15,918,708 15,918,708 Marina Rent&Fuel Sales 1,314,336 1,314,336 Contributions and donations - - - - Interest and other income 128,516 385,831 1,090 515,438 Total revenues 17,361,560 385,831 1,090 17,748,481 EXPENDITURES General government 2,529,843 - - 2,529,843 Redevelopment projects - 8,397,770 8,397,770 Debt service: - Principal - - - Interest and other charges - - 138,575 138,575 Total expenditures 2,529,843 8,397,770 138,575 11,066,188 Excess(deficiency)of revenues over expenditures 14,831,717 (8,011,938) (137,485) 6,682,294 OTHER FINANCING SOURCES(USES) Funds Transfers in - 13,513,787 2,140,528 15,654,315 Funds Transfers out (14,239,631) - - (14,239,631) Total other financing sources(uses) (14,239,631) 13,513,787 2,140,528 1,414,684 Net change in fund balances 592,086 5,501,849 2,003,043 8,096,978 Fund balances-beginning of year 3,860,106 11,852,619 120,621 15,833,346 Fund balances-end of year 4,452,192 17,354,468 2,123,664 23,930,324 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 -May 31, 2022 Original Budget Final Budget Actual REVENUES Tax increment revenue $ 15,801,715 $ 15,801,715 15,918,708 Marina Rent& Fuel Sales 1,000,000 1,000,000 1,314,336 Interest and other income - - 128,516 Other financing sources(uses) 100,000 1,235,316 - Total revenues 16,901,715 18,037,031 17,361,560 EXPENDITURES General government 3,797,400 3,797,400 2,529,843 Total expenditures 3,797,400 3,797,400 2,529,843 Excess of revenues over expenditures 13,104,315 14,239,631 14,831,717 OTHER FINANCING SOURCES (USES) Carryover fund balance - Transfers out (13,104,315) (14,239,631) (14,239,631) Total other financing sources(uses) (13,104,315) (14,239,631) (14,239,631) Net change in fund balances $ - $ - 592,086 Fund balances-beginning of year 3,860,106 Fund balances-end of year 4,452,192 The notes to the basic financial statements are an integral part of this statement. 1 .F+ > N o° o° o° o° o° o° o° o° o° 9 o° o° o° o° o° o° o° o° o° o° o° o° o° o° o° o° o° o° o° o° o° o° o° o° uq L N a a O M 0 0 0 0 0 v Ln m M m Ln m N m 0 0 Ln r` O Lo m O ri N O O ri O r` O O O ,� r` Ln O N O O O O O N r` M M m Ln m N 7 7 O N Ln N Ln M O r` M O O r` N M O O n O f` O O O O O (YI m ri ri to O Ln 14 N N O r` m M r` 7 O l6 7 O O O f` to O E N O Ln r` to m to 7 7 r` 7 O m r` r` Ln M O w M M O w Ln r` O Q7 .--I y N N N N N 17y M � rc V/ ELn o� O wO m M 7 to 7 c-I c-I O O O 7 ti N O r` c-I O Ln O O M 7 m M O ti O O O ri O r` O NCO r` -! r` Ln 7 M to O O O N W -! 7 7 N N O O M O N M O ti m O O M O 7 O AY/1 }1 O 'E m m ON O � � � N c-I N ON � W N Ln r, r, m M O O m to Ln to O to to r, O Ln r, O O ^ \ E m Lr m �--� oc m N M M � oc l Lr r, Rt N � N m Rt Lr Lr �--� �--� 00 M O oc Ln M O L —4 d chi ^ ILn� N m N m rl 0�0 00 m N c-I c-I c-I oo � l0 Ln O N N N p N 0 Ln w ri (� O o N Q 0) � u O m a o a O O O Lo m w O m m O Ln O O r` Lo r` O m 0 0 0 m O M 0 a O N r` n a M o O O O r` n m Ln Ln oo r` O O o m r` o O oo ri O O o O n O o0 O O o0 to Ln to O O O m N Ln r` to 7 c-I O Ln o0 Ln o0ri O N o0 Ln O o0 m O O to N O 7 7 7 N W W Ln N N m m N to O m O M 7 N MN r` m N m y� i r` 7 m �--� W m N M Ln to W N N Ln N r` Ln W M N m M •/*� f0 m W N r-I Ln N 00 I� N N r-I Ln N M R:J LO W r-I �V Q Do m I�- Rt m N W c-I N N A+ O cn Ln ciNZ W C c-I a-I Q W O O Ln N to r` r` N O T O O ti O O o0 N O O O O O N O O O O O O O O Ln O O Ln M O m O M Ln O Il� O O O O O to l0 7 O O O W O o0 O O O O O O O O r` O Z O m m M Ln c-I to O O Ln Ln m to O O M r` to O O O O O r` O O O M O O O m N O u N N M 00 00 N M pl M O M r` W M m N M N M O N N N N0 to N to N N N N Ln N N N N F- 4) O ri o0 N O r` m O N O to W o0 O m ri o0 Ln O O r` to m r` O m O O O m O W O O r` r` r` to M m O O N O r` c-I Ln m o0 m M r` O O W m o0 to O W -! 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SUBJECT: Approval of C RA Board Workshop Minutes -April 30, 2022 and May 21, 2022 SUMMARY: See attached minutes. CRA BOARD OPTIONS: Approve the April 30, 2022 and May 21, 2022 CRA Board Workshop Minutes ATTACHMENTS: Description D Attachment I -April 30, 2022 CRA Workshop #1 Minutes D Attachment II - May 21, 2022 CRA Workshop#2 M inutes Minutes of the Workshop of the Community Redevelopment Agency Board Held on Saturday, April 30, 2022, at 9:00 AM Via GoToWebinar Online Meeting and City Hall Commission Chambers 100 E. Ocean Avenue, Boynton Beach, Florida PRESENT: Ty Penserga, Chair Thuy Shutt, Executive Director Angela Cruz, Vice Chair Timothy Tack, Assistant Director Woodrow Hay, Board Member Kathryn Rossmell, Board Counsel Thomas Turkin, Board Member Aimee Kelley, Board Member 1. Welcome Remarks by Mayor/CRA Board Chair Ty Penserga, Introductions by BBCRA Executive Director Thuy Shutt Ty Penserga, Board Chair called the meeting to order at 9:15 A.M. Thuy Shutt thanked all of the speakers for spending their Saturday in Boynton. It truly represents their commitment to their professions. She also indicated that the first speaker will be the CRA Legal Counsel, Ms. Kathryn Rossmell. 2. Invocation The Invocation was given by Board Member Hay. 3. Pledge of Allegiance The Pledge of Allegiance to the Flag was performed. 4. Roll Call Thuy Shutt performed the roll call and all members were present. 5. Agenda Approval A. Additions, Deletions, Corrections to the Agenda There were no changes to the published Agenda. B. Adoption of Agenda Chair Penserga moved to adopt the agenda. The motion was seconded. The motion Page 1 of 7 passed unanimously. 6. Workshop #1 A. CRA Legal Overview- Kathryn Rossmell, Esquire, Lewis, Longman &Walker Ms. Rossmell explained the difference between the responsibility of the Board members sitting as the CRA Board and Commissioners. Often the members of the public will confuse the powers and duties of the City Commission as a general unit of government versus the authority of the CRA Board as a dependent special district since the members are the same individuals. This primarily deals with vested property rights compared to those that are permitted by statutes. The CRA Board is governed by F.S. Chapter 163 Part III. The CRA is also subject to Public Records and the Sunshine Laws. All written communications, including social media and texts are subject to public records laws. Additionally, all CRA matters to be considered by the Board are conducted in a publicly noticed forum where minutes of the proceeding are taken. The board members are unable to use social media, staff, or other individuals to talk back and forth with each other. The Board members are advised to keep their personal correspondences separate from their CRA business correspondences. On occasions when CRA business correspondences are received on the board member's personal equipment, that information may be forwarded to staff for documentation. With Public Records Requests, it is the nature of the communication, not the address from which it is sent. Shade sessions are allowed in matters of litigation (exception to sunshine laws). Board Chair Penserga asked about the difference between free enterprise v. non- profits remedy of slum and blight. Ms. Rossmell replied that economy or physical improvements are safe buckets for the CRA Board. Eligible activities are described in the CRA Plan and included in the CRA's budget which is adopted each year. Florida Sunshine Manual is put out by the Attorney General each year and is available for free. B. Community Banking and Resources by Valley National Bank Team — Thais R. Sullivan, Senior Vice President/National Director of Community Lending Ms. Sullivan explained the difference between the commercial banks, community banks, and the Community Development Finance Institutions (CDFI). Valley National Bank is a 100-year old bank that is interested in helping small businesses, creating and helping minority and women owned businesses, and partnering with communities and not-for-profits. The bank has over $53 Million in assets headquartered in New Jersey and locations in New York, Alabama, and Florida. The bigger commercial banks often have more cookie cutter banking programs that are not as flexible whereas community banks like Valley Bank can be nimbler and adjust more readily to the economic conditions or clients' needs. Valley Bank partners with insurance companies, equipment leasing companies, and other companies to Page 2 of 7 provide services for small businesses. CDFIs supports primarily mission-based lending. Ms. Sullivan also introduced the Valley Bank team consisting of Martine Pierre-Paul, First Vice President, Regional Director of Community Lending for Florida and Alabama; Aquannette Tyson Thomas, MPA, Vice President, Business Development Officer of Community Lending; Beth-Ann Morrison, a banker in north county; Britt Faircloth, a Certified Regulatory Compliance Manager and Anti-Money Laundering Specialist; and Amy Robbins, Vice President, Branch Mortgage Manager, collectively known as the "Valley Girls." Ms. Sullivan also introduced Valley's new program for eligible minority and women-owned businesses with a loan to value (LTV) of 95%. This program will be test launched next Monday and will be able to accommodate loans from $5,000 to $100,000. The program was created to provide access to capital for minority and women-owned businesses and assist with the post-pandemic recovery efforts. Valley Bank prides itself on innovative lending and a customer focused attitude. If they don't have the program, they will put it aside and research before saying "No." Ms. Sullivan introduced Ms. Robbins and their program for first time home buyers in which there is no Private Mortgage Insurance (PMI). Ms. Robbins talked about Valley Bank's proprietary Community Advantage Homeownership (CAH) and Community Plus Homeownership (CPH) Programs. Both programs do not require PMI. The CAH program offers 3% down payment, is designed for low to moderate income households, and offers competitive rates while the CPH program offers 5% down payment, is designed for homebuyers purchasing in selected geographic communities, and has no maximum limit on buyer's income. The Board asked how they can get the word out and Ms. Robbins gave her phone number, (585) 230-96977 which is on the flyer that was handed out at the meeting. CRA staff will be connecting Valley Bank with developers for projects such as the Cottage District. C. CRA Development and Project Financing— Nguyen Tran, Pompano Beach CRA Director Mr. Tran indicated that he was asked to give 3-5 project highlights of the recent developments that the Pompano Beach CRA has approved, completed, or are currently in the planning stages. The Pompano Beach CRA has two redevelopment areas, one along the east or beach and one in the western area. The Beach Redevelopment effort includes streetscape improvements along the beach as well as the Great Lawn, restrooms, concession stand, playground and exercise equipment. All of these needed modernizing and a facelift. Pompano chose to use the fishing village theme as a unifying feature for its downtown. Pompano Beach started their development of the parking lot in 2012 to accommodate more parking for the public. Page 3 of 7 The Pier Garage was the first project case highlighted. The project consists of a 5- story 450-space public parking garage wrapped by 3,000 s.f. of retail/commercial building. The $23 Million project was paid for by the Parking Enterprise Fund. The fishing village theme was carried out with tensile fabric sails that are located around the garage facades. This project was a catalyst for the beachfront redevelopment because it provided much needed parking for visitors and residents. Mr. Tran indicated that the approximate cost is $40,000 per space. This is a higher cost due to the structural needs of the garage within close proximity of the beach and the wrapped commercial component. The second project featured was Old Town Square which consisted of 282 multi- family units, a 300-space parking garage, and 5,433 s.f. commercial/retail space. The 10-story mixed-use building cost totaled $63 Million. There was a finance gap of$7.8 million and is located in a transitional/high risk area with no market rate comparables. Capital providers needed a 7% ROI. The Pompano CRA provided TIF for 20 years. The economic impact consisted of an annual lease payment of over $4 Million, $1.6 Million in total commercial sales annually, and $3.8 Million in annual total retail sales per household for the area. But for this project, there would be no TIF increase. Construction began in January 2022. The third project is the Pompano Station mixed use project in the often-overlooked western portion of the CRA with 355 units on two blocks, 53 of which are workforce housing. The $102 Million development includes two 8-story buildings and two parking structures, construction of a public plaza, and commitment to improve the facade of the old Bank of America building. The existing office/retail frontage on Atlantic Boulevard is incorporated to make the project a true mixed use. There was a finance gap of $9.1 Million and TIF was used to fund the residential portion as commercial values will increase. The estimated total revenue accruing to the City is over$4.5 Million with economic impacts that includes a lease payment totaling $16.9 Million and over $8.9 Million in annual total retail sales. Construction began in February 2022. The last and final project featured by Mr. Tran is the 1926 McNab House Restoration and Botanical Garden Project. The adaptive reuse project addressed the slum and blighted conditions at McNab Park and preserved the historic heritage of one of the city's earliest settlers who came to Pompano Beach in 1898 and farmed the land that is along South Federal Highway. The house itself was one of the oldest houses in the City. Activation of the site will include a restaurant and botanical garden. The placemaking effort will create a unique gathering opportunity and boost the economic development of the Atlantic Boulevard corridor. D. 2016 CRA Plan Overview and Implementation Status — Thuy Shutt, BBCRA Executive Director Page 4 of 7 Ms. Shutt gave highlights on what makes Boynton Beach's unique characteristics of being the third largest city in the County, 16.25 square miles in size, two "main streets," the Boynton Harbor Marina, and closest access to the Gulfstream. The CRA area consists of 1,650 acres and the Agency was created under F.S. Section 163.330. Ms. Shutt explained what the CRA is and what it is not. CRA funding needs to be in accordance with the adopted CRA Plan and budget for each year. The CRA is not a taxing entity or a replacement in general revenue. CRA funds cannot be used for city buildings (unless permitted by F.S. Section 163.370(3)(a)), expenses normally paid for by the City, maintenance of city facilities, nonprofits' social service related activities, and tourism related activities. CRA eligible redevelopment activities consist of economic development, affordable housing, removal of slum and blight, stabilization/increase tax base, and infrastructure improvement. Examples of economic initiatives that the BBCRA have undertaken are the commercial rent reimbursement and commercial improvement grant programs. Ms. Shutt also gave an overview of the successful Small Business Disaster Relive Forgivable Loan Program totaling over $1.3 Million which assisted 101 local businesses stay afloat during the Covid-19 pandemic. This is a great example of how the BBCRA was able to preserve hundreds of local jobs, protect public investments spent over the years in grants and infrastructure, and provided businesses one-on-one support during the mandatory shutdown. As a result, 97 loans have been forgiven, all but five businesses are thriving, and 14 businesses have opened since the pandemic, including six food establishments. Even though the city delegated redevelopment powers to the BBCRA, there are powers which the City retains. These are designation of new slum and blighted areas, issuance of revenue bonds, power of eminent domain, disposition of property below fair value, and approval of CRA plans and modifications. The BBCRA was created in 1982 with various CRA Board make up throughout its existence. The current CRA Plan was adopted in 2016 and consolidated four overlapping plans, the Heart of Boynton Plan, the 2001 Federal Highway Corridor Community Redevelopment Plan, the Ocean District Community Redevelopment Plan, and the Downtown Vision and Master Plan. The 2016 CRA Plan was the result of a year-long process which included public input workshops, advisory board meetings, and CRA Board meetings. There are six unique districts in the CRA area: The Federal Highway District, Boynton Beach Boulevard District, Cultural District, Downtown District, Heart of Boynton District, and Industrial Craft District. Ms. Shutt summarized the vision for each district and their accompanying development potentials. The Federal Highway, Cultural, and Downtown Districts have the greatest potentials with the 150' maximum height and 80 units/acre (with a Transit Oriented Development (TOD) density bonus of 25%) in certain areas of those Page 5 of 7 districts. The Heart of Boynton has a maximum height of 75 feet and a density cap of 50 units per acre (with a TOD density bonus of 25%) in certain areas. The Industrial Craft District highlights include the vision to modernize the area and support expanded uses to attract entrepreneurs while protecting the existing surrounding residential properties. Examples of current planning and construction activities that are underway in each district were given. Lastly, Ms. Shutt described the BBCRA's business promotional initiatives to assist local businesses with marketing, social media engagement, cross promotions, and various events to bring awareness of the goods and services offered locally to residents and visitors. This includes: Rock the Plazas and Marina, and Night Market events. The Board indicated that they would like to see how we can track the economic impacts of these events (money spent on sales as a result of the BBCRA promotions) and how to differentiate the new patrons from the same patrons that participate in the various surveys for past events. Ms. Shutt said there are post-event surveys from the participating businesses that provide the total sales numbers as a result of the Boynton Bucks promotions. Staff will start looking for better ways to track the post- event input from the patrons so that the effectiveness of the promotions could be identified at point of sales. E. CRA Finance, Budget, Reporting Requirements — Vicki Hill, BBCRA Finance Director Ms. Hill explained how the BBCRA is funded by tax increment revenues and how the properties in the CRA area do not pay any additional property taxes but rather a portion of the annual City and County taxes collected are transferred to the BBCRA for redevelopment activities. The greater the increase in taxable property values over the base year (1982), the larger the incremental increase revenue received by the BBCRA. The BBCRA gets 95% each from Palm Beach County and City of Boynton Beach. The BBCRA is required to comply with F.S. Chapter 189, Uniform Special District Accountability Act. This means the BBCRA adopts its own budget by resolution during the Fiscal Year beginning on October 1St and ending on September 30th of the following year. The BBCRA Budget follows general accepted account principles (GAAP). Details of revenues/expenses are listed in the BBCRA's budget which is posted on the BBCRA's website. All expenses must be authorized by the budget. A yearly audit is required to be included as part of the agency's Annual Report published by March 31St each year for the preceding year. The BBCRA TIF History was shown with the 2022 TIF Revenue totaling $15,918,708. The annual operating budget is developed each year by the CRA Executive Department, Finance Department, Department Heads, and the CRA Board and reflects the adopted Page 6 of 7 policies and is in accordance with the CRA Plans and applicable laws. Ms. Hill explained the budget process which starts in May when the agency receives the assessed valuations of properties within the BBCRA area from the PBC Property Appraiser. There are four letters that are received: In late May - The estimate of taxable values; end of June — Preliminary tax roll; October— Final taxable value prior to Value Adjustment Board; and, end of March — Certified final adjustment tax rolls. Once the final adjustment has been given, the CRA will have to refund amounts that have been given to us over the actual TIF. When the BBCRA receives our TIF number, we begin to create the budget which consists of revenue (TIF, Marina Fuel Dock Slips) and the expenses. Expenses include Debt and operating expenses, direct incentive or TIRFA Funding Agreement obligations, Town Square payments, and the Project Fund line items. A draft budget is presented at a regular CRA Board meeting in July and August. The Board approves the final budget in September by resolution. Ms. Hill gave an example of how TIF incentive calculation is done and asked if there are questions. There were no questions from the Board. Chair Penserga announced there will be a second Workshop on May 21, 2022 from 9:00 A.M. to 12:00 P.M. in Commission Chambers. 7. Future Agenda Items CRA Board Redevelopment Workshop #2 — Saturday May 21 , 2022 from 9:00 AM- 12:00 PM for Items Presented to the CRA Board on Agenda 8. CRA Board Closing Remarks There were no other comments from the board and Chair Penserga adjourned the meeting at 2:40 P.M. Page 7 of 7 BYINTN a . B ''CRAmamH ', COMMUNITY REDEVELOPMENT AG Y CRA Board Redevelopment Workshop #2 Community Redevelopment Agency Board Meeting Saturday, May 21, 2022 - 9:00 AM GoToWebinar Online Meeting and City Hall Chambers, 100 E. Ocean Avenue Present: Mayor Ty Penserga Thuy Shutt, Executive Director Vice Mayor Angela Cruz Timothy Tack, Assistant Director Commissioner Thomas Turkin (virtual) Theresa Utterback, Dev. Services Manager Commissioner Aimee Kelley Vicki Hill, Finance Director Bonnie Nicklien, Grants & Projects Manager Vicki Curfman, Admin Assistant Tammy Stanzione, Deputy City Clerk 1. Welcome Remarks by CRA Board Chair Ty Penserga and CRA Director Thuy Shutt Mayor Penserga called the meeting to order at 9:10 AM. Mayor Penserga introduced the workshop topic and thanked all guests with a special recognition of former Delray Beach Mayor Jeff Perlman. CRA Executive Director Thuy Shutt welcomed all attendees and spoke about the significance of community partnerships. 2. Invocation The Invocation was given by Mayor Penserga. 3. Pledge of Allegiance Mayor Penserga led the Pledge of Allegiance to the Flag. 4. Roll Call Deputy City Clerk Tammy Stanzione called the roll. A quorum was present. 5. Agenda Approval A. Additions, Deletions, Corrections B. Adoption of Agenda Meeting Minutes CRA Workshop #2 Boynton Beach, FL May 21, 2022 Motion Commissioner Turkin moved to approve the agenda as presented. Commissioner Kelley second the motion. The motion passed unanimously. 6. Workshop #2 - Balancing Priorities and Needs and Affordable Housing A. Balancing CRA Redevelopment Needs - Jeff Perlman, former Mayor of Delray Beach and Diane Colonna, former Delray Beach CRA Executive Director Ms. Shutt introduced Mr. Perlman and Ms. Colonna and summarized their backgrounds. Mr. Perlman and Ms. Colonna provided a historical overview of Downtown Delray Beach and the formation of the Delray Beach CRA. He noted what worked well for Delray Beach included: • Visioning • Cititizen Involvement (and buy-in) • Relentless focus on implementation • Political will to stay true to the Vision Mr. Perlman shared the Delray Beach Visioning Process, called "Visions 2000" included: • 100+ citizens representing the City's diverse population participated • Identified Community Character: "Village by the Sea" • Emphasis on downtown revitalization, cultural and educational resources • CRA was to play a role in implementing the adopted vision Mr. Perlman and Ms. Colonna reviewed the street beautification of Atlantic Avenue, Downtown Master Plan and the US 1 Corridor Enhancement Project. Ms. Colonna spoke on Delray Beach affordable housing strategy and initiatives, including the creation of the Delray Beach Community Land Trust. Mr. Perlman shared the W. Atlantic Avenue beautification and Gateway feature. In response to Mayor Penserga's question, Ms. Colonna confirmed the Gateway feature was funded by the CRA. Ms. Colonna reviewed the CRA Property Acquisition and RFP Process. Mr. Perlman concluded with take-aways and additional thoughts. Commissioner Turkin said he was glad they spoke about height restrictions and feedback from the community. 2 Meeting Minutes CRA Workshop #2 Boynton Beach, FL May 21, 2022 Mr. Perlman said density "done right" has value. Mayor Penserga asked Mr. Perlman to speak further on process. Mr. Perlman described the applicant process, dialogue, and density bonuses for workforce housing. Mayor Penserga asked about payment in lieu. Mr. Perlman responded about their experience in Delray Beach. Mayor Penserga asked how often a City should conduct a visioning session. Mr. Perlman said Delray Beach opted for visioning approximately every ten years but noted it was important to look at changing environments. Commissioner Kelley asked about Delray Beach's experience with preserving open and green space during development. Mr. Perlman described how Delray Beach addressed the balance and adhered to the ordinance. In response to Commissioner Kelley's question, Mr. Perlman and Ms. Colonna shared additional thoughts on lessons learned. B. Statewide and Local Affordable Housing Initiatives - Suzanne Cabrera, President & CEO of the Housing Leadership Council Ms. Shutt introduced Ms. Cabrera and summarized her background. Ms. Cabrera reviewed state and local funding sources. She summarized the Sadowski Housing Trust Fund program, FY2022-2023 Final Budget, and the Project SHIP 2022-2023. She referenced the Palm Beach County Affordable Housing Needs Assessment and reviewed the following four focus areas: • Funding & Financing • Planning & Regulatory Reform • Neighborhood Revitalization • Racial Equity She stated the goal is the creation of 20,000 Workforce and Affordable Housing Units in the next ten years. Mayor Penserga asked about the $200 million bond. 3 Meeting Minutes CRA Workshop #2 Boynton Beach, FL May 21, 2022 Ms. Cabrera spoke on the amount and process with the County. She noted the next meeting with the County is scheduled June 8, 2022, and the wording needs to be completed by August 2022. A brief discussion ensued about the bond and affordable housing. C. CRA's and the Public Housing Authority Model - Dorothy Ellington, former Executive Director and CEO of the Delray Beach Housing Authority and the Delray Housing Group Dorothy Ellington introduced herself and summarized her background. She reviewed a snapshot of Delray Beach and highlighted development projects within the City. She described the Neighborhood Stabilization Program and partnerships. Commissioner Kelley asked about managing gentrification of neighborhoods. Ms. Ellington talked about partnerships, funding sources, and housing authorities. D. CRA's and the Community Land Trust Model - Evelyn Dobson, Executive Director of the Delray Beach Community Land Trust Ms. Shutt introduced Ms. Dobson. Ms. Dobson reviewed the Delray Beach Community Land Trust (DBCLT) including the organization, governance and mission. She noted owned properties can be: • Green Spaces • Commercial Spaces • Agriculture • Rentals • Lease Purchase Units • Town Homes/Condos/Single-Family Homes She outlined key benefits, responsibilities of homebuyers/homeowners, ground lease agreement, and partnership benefits. She also reviewed the resale formula, wealth building, and the DBCLT affordable housing portfolio. Ms. Dobson described the Corey Jones Island and Atlantic Park Square projects. Commissioner Kelley asked about costly HOA fees. Ms. Dobson replied that she recommends homeowners in their portfolios make their case to their HOA Board. She noted there has been success is getting fees reduced. Vice Mayor asked if the CI-Ts would play a role in limiting those fees. 4 Meeting Minutes CRA Workshop #2 Boynton Beach, FL May 21, 2022 Ms. Dobson noted some CLTs have developed townhomes and limited the fees. 7. CRA Board Closing Remarks Ms. Shutt noted all documents will be available online. She confirmed this is the last workshop unless the Commission is interested in hosting another one. There being no further business to discuss, the meeting was adjourned at 12:20 P.M. [Minutes prepared by TBaclawski, Prototype-Inc.] 5 d BI C YNTO JBEACK�,,,,,,CRA OWN= � COMMU NFTY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: June 14, 2022 CONSENT AGENDA AGENDAITEM: 10.C. SUBJECT: Approval of a 6-Month Extension to the Commercial Rent Reimbursement Grant Program in the Amount of$6,798 for Studio Glo, LLC located in Flamingo Plaza at 413 S. Federal Highway 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 in the form of a 50% matching reimbursable grant for a maximum period of 12 months. On August 11, 2021, the CRA Board approved a 12-month rent reimbursement grant in the amount of $13,200 to Studio Glo, LLC located in Flamingo Plaza at 413 S. Federal Highway, Boynton Beach, FL 33435 (see Attachments I - II). Studio Glo is a unisex salon and spa providing a special experience where everyone is treated like family. In July 2022, Studio Glo will complete the 12-month rent reimbursement program. On May 9, 2022, Ms. Jasmine Frederick made a request to CRA staff to request the additional six months of rental assistance as outlined on page 2 of the Commercial Rent Reimbursement Grant Program Application (see Attachment I). The FY 2020-2021 grant program provides businesses the opportunity to request an additional six months of reimbursement, which may be granted at the discretion of the CRA Board. On May 9, 2022, Ms. Frederick provided the attached supportive documentation in support of her request (see Attachment III). The attachment explains business has been slow and has had a difficult time retaining staff. Ms. Frederick states the additional rental assistance will allow her to use the money saved in rent to market her business and employee new staff. Under the terms of the proposed Landlord-Tenant Lease Agreement, the base rent required to be paid by the applicant is $2,266 per month (see Attachment IV). Studio Glo 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 up to a maximum grant amount of $1,133 per month for an additional six month period. If approved, Studio Glo would be reimbursed in the amount of $1,133/month for a period of six months or a total grant amount of $6,798. Grant reimbursements to the approved applicant occur on a monthly basis with proof of rent payments. FISCAL IMPACT: FY2021-2022 Budget, Project Fund, Line Item 02-58400-444, $6,798 CRA P LAN/P ROJ ECT/P ROG RAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval of the 6-month Extension to the Commercial Rent Reimbursement Grant in the amount not to exceed $6,798 to Studio Glo, LLC located in Flamingo Plaza at 413 S. Federal Highway, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I -Commercial Rent Reimbursement Grant Application D Attachment II - Location Map D Attachment III - Extension Request D Attachment IV - Lease BOYNTON]' ^ mommBEACH COMMUNnY NT AGENCY October 1, 2020 — September 30, 2021 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL RENT REIMBURSEMENT GRANT PROGRAM Program Rules and Regulations The Commercial Rent Reimbursement Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "BBCRA") Area. The program is designed to provide financial assistance to new and existing businesses in the form of rent reimbursement intended to help businesses during the critical first year of operation. The BBCRA reserves the right to approve or deny any Commercial Rent Reimbursement Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the BBCRA Area. The receipt of past payments is not a guarantee of future payments. For purposes of this application, the term "new business" means a company in operation for less than one year or relocating to Boynton Beach.The term "existing business" means a company that has been in operation within the BBCRA Area for a minimum of two years at the time of application and has at least two years remaining on its existing lease. The Boynton Beach BBCRA is a public agency and is governed by the "Florida Public Records Law" under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s) may be produced by the BBCRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. InitialsQ Page 1 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com Incentive Funding The Commercial Rent Reimbursement Grant Program offers financial assistance through a reimbursable grant in the form of a monthly rent reimbursement for the first 12 months of business with the option to request an additional 6 months of reimbursement, which may be granted at the discretion of the Board. New businesses are eligible to apply for assistance for up to one year from the issuance of the City of Boynton Beach Business Tax Receipt. Rent Reimbursements will not be paid until all construction has ended, permits are closed out, City and County licenses are obtained, and the business is open for operation under a Temporary Certificate of Occupancy (TCO) or a Certificate of Occupancy (CO). For businesses that do not require any construction work, rent reimbursements will not be paid until City and County licenses are obtained and the business is open for operation. On a monthly basis, the BBCRA will issue reimbursement directly to the applicant. Reimbursement is for the monthly rent payment made to the landlord, and is dependent upon receipt of verification that the payment has been cleared by the bank. The responsibility for all rental payments is between the parties to the lease, (the tenant and the landlord). As grantor, the BBCRA does not bear or accept any responsibility for payment of rent at any time, or for penalties incurred for the late arrival of payments by any party. Applicants are also encouraged to connect with CareerSource Palm Beach County which is a State organization providing various free programs to assist Palm Beach County businesses. CareerSource Palm Beach County has a dedicated team of career counselors, business coaches and training providers to help area businesses stay competitive through training grants and talent acquisitions and also provide assistance in posting available jobs, recruiting and hiring, and training opportunities. For more information regarding CareerSource Palm Beach County visit their website at careersourcepbc.com. Initials Page 2 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Applicant must be a new business, or an existing business that is expanding in size. • Applicant must be the business entity (or d/b/a) named and the principal owners named on the corporation documents, and must be the landlord or business owner of the company occupying the property to be improved. • Must be located within the BBCRA Area (see attached map). • Must provide proof that the business is properly licensed by all necessary levels of government and professional associations or agencies (copies of city and county licenses or receipts that the licenses have been applied for). • Non-profit and residentially zoned properties are NOT eligible. • An existing business must expand to occupy more than 50% of its current square footage size or open a second location within the BBCRA Area. Verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the BBCRA Board if the tenant is losing their current space due to redevelopment of the site. • The Applicant's Experian consumer credit report must reflect an acceptable level of financial stability, as determined in the sole discretion of the BBCRA Applicants must have an Experian credit score of 601 or higher and have no listed history of bankruptcy to be eligible. If there is more than one business owner, the majority of the business owners must have credit scores of 601 or higher to be eligible. • Applicant must have an executed multi-year lease with at least two years remaining on the lease. • Proposed leases must be executed within 30 days of BBCRA Board approval or the grant award is terminated. • The Commercial Rent Reimbursement Grant Program may only be used one time by any one specific business entity or business owner. • Grantees shall allow the BBCRA the rights and use of photos and project application materials. Initials Page 3 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com • The BBCRA Board may give preference to local businesses. For purposes of this grant, local business means a duly licensed business entity with an office location in Palm Beach County. Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Rent Reimbursement Grant Program: • Firearm Sales/Shooting Range • Convenience Store • Religion-Affiliated Retail Stores • Churches/places of worship • Non-profit organizations • Take-out Foods • Check Cashing Stores • Tattoo Shops / Body Piercing / • Kava Tea Bars Body Art Shops • Adult Entertainment • Liquor Stores • Adult Arcades • Vapor Cigarette, E Cigarette Stores • Alcohol and/or Drug Rehabilitation • Pawn Shops Centers/Housing . Any other use that the BBCRA staff • Massage/Personal Services or BBCRA Board determine will not • Auto Services Facilities — repair, support the redevelopment of the storage, sales, etc BBCRA Area • CBD Retail Stores, etc. • Medical Research Centers/Housing Grant Terms and Conditions This grant is divided into two tiers of eligibility. Businesses are classified into tiers based on the type of business, which then determines the amount of eligible funding. Grant funding amounts will be based on the applicant's project budget specified at the time of BBCRA Board approval. Tier One Business Tier One Businesses are eligible for reimbursement for up to half (50%) of the business's base monthly rent or$1,750 per month, whichever is less (maximum amount of the grant is $21,000, distributed in four monthly payments). Initial �? Page 4 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com Tier One Businesses must be one of the following types of businesses: • Restaurant • Bakery • Gourmet Food Market Tier Two Business Tier Two Businesses are eligible for reimbursement for up to half (50%) of the business's base monthly rent or$1,250 per month, whichever is less (maximum amount of the grant is $15,000, distributed in four monthly payments. Examples of Tier Two Businesses include, but are not limited to, the following types of businesses: • Home Decor/Design — home • Clothing Boutique — clothing, furnishings, art galleries, kitchen shoes & accessories wares • Law Offices • Accounting Offices • Hair/Nail Salons (no more than 2 • Real Estate Offices approvals per fiscal year) • Marketing Offices • Medical Offices • Fitness Centers • Insurance Offices • Specialty Businesses —stationary, • Florists (no more than 2 approvals gifts, sporting goods per fiscal year) Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on the lease. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that are the tenant's responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; Initials Page 5 of 15 Rent Reimbursement 100 East Ocean Avenue,4t" Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com • Ability to terminate; and • Consequences of default on the lease. For purposes of this paragraph, the term "subject property" means the leased premises of the grant recipient, for which the applicant or grant recipient is seeking rental reimbursement, or any part thereof. Grant recipients are prohibited from subletting the subject property. If a grant recipient sublets the property, the grant recipient will be required to repay the BBCRA for all grant money received up to that point and will not be eligible to receive any further grant funding. For purposes of this grant, the BBCRA considers the following to be subletting: A) executing a sublease, assignment, or similar agreement with an entity that is not the grant recipient; B) allowing the subject property to be occupied by any business entity in which the grant recipient is not listed as the registered agent, owner, officer or director of said business, or assisting such a business in so doing; C) allowing or assisting a business entity other than the grant recipient to list its place of business as the subject property; or D) allowing or assisting a business entity other than the grant recipient to obtain a business tax license from the City of Boynton Beach for the subject property. The fact that a business entity other than the grant recipient occupies the subject property, lists its place of business as the subject property, obtains a business tax license for the subject property, or similarly appears to use the subject property is sufficient evidence that the grant recipient has allowed or assisted such other business entity to do so and is grounds for termination of any further grant payments and seeking reimbursement for previously paid grant payments. However, it shall not be considered a prohibited subleasing when the business purpose of the applicant is to provide a space for aspiring businesses, such as when the applicant is a business incubator, commissary kitchen, or business that provides co-op workspace. The BBCRA will determine whether a certain applicant fits into the exception described in this paragraph on a case-by-case basis. Application Process Applications can be obtained from the BBCRA office located at 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 or downloaded from www.boyntonbeachcra.com. All applicants are required to meet with BBCRA staff in order to determine eligibility before Initials{ Page 6 of 15 Rent Reimbursement 100 East Ocean Avenue,41h Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com submitting an application. Applications will not be considered until all required documentation is submitted to the BBCRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the BBCRA Board. Applicants must submit an original, "hard copy" application with all materials to the BBCRA for review and approval by the BBCRA Board. Applicants will be considered on a first-come, first served basis. Application packets must include the following documentation: 1. A non-refundable fee of$100, which will be used to obtain a consumer credit report on the business and principal/owners of business. Make check payable to: Boynton Beach CRA. 2. Resume for each principal/owner of the business. 3. Copy of the corporate documents for the applying business entity. 4. Copy of City and County Business Licenses (Business Tax Receipt). 5. Copy of executed multi-year commercial lease agreement. 6. Two years of corporate tax returns (for existing businesses only). 7. Two years of personal tax returns for the principal/owners of a new business. 8. List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 9. If applicant is an existing business expanding to occupy more than 50% of its current square footage size, verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the BBCRA Board if the tenant is losing their current space due to redevelopment of the site. 10.Completed and signed application (attached). 11.Authorization to perform credit check for the business and each principal/owner of the business (attached). 12.W9 Form and Vendor Application (attached). Approval of Funding Request All re uired application documentation must be submitted no later than noon two weeks prior to the second Tuesday of the month. BBCRA staff will review the application to Initial Page 7 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com evaluate whether the applicant is eligible for reimbursement. If it meets these requirements, BBCRA staff will present the funding request to the BBCRA Board for review and potential approval. In order to request the 6-month extension, the applicant must submit a presentation at the completion of the 12 months of rent reimbursement, outlining how their first year went and requesting the additional 6 months of rent reimbursement. The presentation must be submitted no later than noon two weeks prior to the second Tugaggy of the month The BBCRA Board meets on the second Tuesday of each month. The schedule for BBCRA Board meetings can be obtained at www.boyntonbeachcra.com. Applicants will be notified of the date and time that their applications will be considered by the BBCRA Board. The BBCRA recommends that applicants attend the BBCRA Board meeting during which the Board will consider their applications in order to answer any questions the BBCRA Board may have regarding their applications. BBCRA staff will notify the applicant of the BBCRA Board's approval or denial in writing. Site Visits BBCRA may conduct a site visit prior to transmitting the application to the BBCRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during and after the project in order to determine and ensure compliance with the terms of the grant. Procedures for Reimbursement Monthly rent reimbursement payments will be provided to the grant recipient beginning the first month the business is open for operation subsequent to BBCRA Board approval. A maximum of 12 consecutive monthly rent payments are eligible to be reimbursed to the approved applicant, with the option to request an additional 6 months. Reimbursement will occur on a monthly basis. Following the initial Reimbursement Request, each reimbursement request shall be made within 30 days of the start of the next month. Initials Page S of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com In order to receive monthly rent reimbursement the grant applicant must submit the following: 1. Written request for reimbursement. 2. Proof of rent payments (i.e., copies of the front and back of cancelled checks for that month's reimbursement or proof of direct deposit). If applicant does not submit its monthl reimbursement request within 30 days following the end of the next month in which applicant is requesting reimbursement,--ppplicant forfeits that month's reimbursement. Discontinuation of Payment The receipt of past payments does not guarantee future payments. The BBCRA retains the right to discontinue rent reimbursement payments at any time at its sole and absolute discretion. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the property. Nor shall issuance of a grant result in any obligation on the part of the BBCRA to any third party. The BBCRA is not required to verify that entities that have contracted with the applicant or applicant's landlord have been paid in full, or that such entities have paid any subcontractors in full. Applicant's submittal of verification that monthly rental payments have been cleared by the bank warranty is sufficient assurance for the BBCRA to award grant funding. Initials Page 9 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com BOYNTO "'A BEAC �,CRA NOW COMMUNUY REDEVELOPMENT AGENCY APPLICANT INFORMATION BUSINESS INFORMATION: Business Name d/b/a if applicable): C Current Business Address: L2 JR Fed Business Phone Number: Fax: Website: q 0 o ja Existing Business Yes No Number of years in existence: Time at Current Location: New Business to Boynton Beach: Yes No Do you have an executed lease agreement: Yes No If so, monthly base rent: ® ' New Business Address: Square footage of current location: Square footage of new location: Type of Business Number of Employees: Hours of Operation: f _ $�� eftly Page 10 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com F. BOYNTO 'RA B EAC ` ' OEM --c COMMUNRY REDEVELOPMENT AGENCY APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: c Date of Birth: 19 rl Email: � t f C , �,, � L. Residential Address 16D jLqu C�qVt '_ DLO Cell Phone Number l 2. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 3. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 4. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: Page 11 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com BOYNTO BEAC CRA - 7 COMMUNffY REDEVELOPMENT AGENCY APPLICANT INFORMATION Are you applying for grant assistant under any other program offered by the BBCRA? Yes No If yes, what additional programs are you applying for: Are you receiving grant assistance under any other governmental agencies: Yes_No If yes, list any additional grant sources and amounts: LANDLORD INFORMATION: Landlord Name: . Landlord's Mailing Address: Lnndlor 's Phone Number: CERTIFICATION AND WAIVER OF PRIVACY: For purposes of this certification and waiver of privacy, the term "I" refers to the applicant and to all signatories below individually. By signing below, each signatory represents and confirms that he or she is authorized to sign on behalf of the applicant(s). I, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Rent Reimbursement Grant Program, and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Page 12 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com T r i � Ng BOYNTON I' c BEACH 11' RA COMMUNffY REDEVELOPMENT AGENCY APPLICANT INFORMATION Community Redevelopment Agency Commercial Rent Reimbursement Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue grant payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer furthering the Boynton Beach Community Redevelopment Plan. To the maximum extent possible, I hereby waive my rights to privacy and confidentiality for all matters contained in my application, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I specifically authorize the Boynton Beach Community Redevelopment Agency to run a credit report as part of this application, and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. I give permission to the Boynton Beach Community Redevelopment Agency or its agents to take photos of myself and business to be used to promote the program. understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. Page 13 of 15 Rent Reimbursement 100 East Ocean Avenue,4t" Floor, Boynton Beach, FL 33435-Phone: (561)600-9090 www.boyntonbeachcra.com V yyy BOYN'O ' CRA =BEACH COPAMUNffY REDEVELOPMENT AGENCY APPLICANT INFORMATION APPLICANT SIGNATURES: P p I/O " Signatur ate tr L , Printed Name Title 2. Principal/Owner's Signature Date Printed Name Title 3. Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF � COUNTY OF j BEFORE M ,an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared_ i F i who is/are personally known to me or produced ( l F` Ptl 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 F5 day of 20 r` - "I .. NOTA I Y PUB IC My Commission Expires: Page 14 of 15 M=^C Dr-S COPPIN Nolmy Public-Stag+of Florlde Rent Reimbursement Corctmission 0HH 88288 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 �� (5% � ,$ �'2025p'res www.boyntonbeachcra.com E AC AGENCI :j"r _ LANLORD INFORMATION LANDLORD SIGNATU : ,. 'f �D 2� L ord's Signa ure _ ate w1%'_ rq\01 �'�� Printed Name -Title--) 2. Landlord's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures-Multiple notary pages may be used N signing individually STATE OF e� 0 A i D4 COUNTY OF T4 J—M BEFORE ME,an officer ly authorized by law to a minister oaths and take a ed7kn9yih nts, personally appeared Cly W1 LS 1) who is/are ersonallyto •me or produced __ as iden tiand 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 offs ' l iseal in the State and County aforesaid on this „ . ._..�._.__.._.day of i�_ / 0 20 - f.7 JANICE P.MURRAYN TARY PUBLICNotary Public•St.itc of Florida M Commission Expires: Commission k HH 123085 or My Comm.Expires Apr 17,2025 S Bonded through National Notary Assn, Page 15 of 15 Rent Reimbursement 100 East Ocean Avenue,4”'Floor, Boynton Beach, FL 33435—Phone:(561)500-9090 www.boyntonbeachcra.com 5/27/2021 PAPA Maps 2 DOROTHYJACKS CFA,AAS .=p P Beach Co ty P perty Appraiser ri gd Ave I ?,. � ?£ �eSs ?�.,�.6�rt{Vi�;£bstt` aFk;A'rymYFt1'1n�;1T�iWrF,Ss4f43?6"�J�t„ E AiY.t ��f� ttA1t". Search by Owner,Address or Parcel - S� 1 J N £I � View Property Record Owners FLAMINGO PLAZA ASSOCIATES LLC 11a Property Detail I iel ,,.a,o, 407 5 FEDERAL HWY ? .. y BOYNTON BEACHoll .Parcei No. 084 345 2 807001 0082 Sojlkdiviriorl PENCE SUB NO 1 Book 291 30 .Page 1092 .. Sa.le.Da e=. 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O: c co to a m ro E [T v 4f`t,'ff'rfjfx - v („) f 6 UO o a+ ❑ o co mO �{i }ir{�{f " _ { ���� N m V v m Q "i+ v H 07 LL Q :° ani v ° t?, a cQo E sgx CL E E 11 c7 �� v 'Xs co � o � � - hi a v � x x is g . 'mro w Q Cry E E ft (� d O o .M< s y +�;t ,fit L d i 01 C E `- `° m ° o ° o (U y c E r, 0r' 1�t tflit t`}Sri s ' o a o aCi E. o c y m � m ¢ < OE- � d � d ,, tc � uSC '� ADDENDUM A This serves as an extension of the original lease term of the$ease dated April 30,2021 between Flamingo Plaza Associates LLC(Landlord)and Studio Glo LLC(Tenant)for the premises located at 413 S Federal Highway,Boynton Beach,Fl 33435.Both parties agree to extend the original lease term to July 31,2023 and the option term commencing August 1,2023 if Tenant effects to exercise theiir option, ?"U LANDLORD DATE Gomm TENT DATE LEASE AGREEMENT This lease agreement is entered into on this �Po day of April,2021, by and between Flamingo Plaza Associates,LLC,(hereinafter called"LESSOR"),whether one or more,and Studio Glo LLC (hereinafter called"LESSEE"). For and in consideration of the rental and of the covenants and agreements hereinafter set forth to be kept and performed by the LESSEE, LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the PREMISES herein described for the term, at the rental and subject to and upon all of the terms, covenants and agreements hereinafter set forth. 1. PREMISES: LESSOR hereby leases to LESSEE and LESSEE hereby hires from LESSOR the follow described premises in its present condition located in Palm Beach County,Florida, at the following address (hereinafter called the 'PREMISES" or"LEASED PREMISES"): 413 South Federal Highway Boynton Beach, Fl 33435 2) TERM&OPTIONS: The initial term of this lease shall be for twenty four(24)months,commencing on June 1, 2021 and shall extend until May 31, 2023. 3) RENT: From June 1, 2021 through May 31, 2022, the rental rate shall be Twenty Six Thousand Four Hundred and 00/100 Dollars ($26,400.00), payable as Two Thousand Two Hundred and 00/100 Dollars($2,200.00)per month. The rental rate shall increase three percent(3%)per year of the lease and in addition to the monthly rental, LESSEE shall pay any applicable sales and/or use tax in addition to the monthly rent which shall be paid monthly, on the first day of the month, as follows: Year 1: June 1, 2021 —May 31, 2022- $2,200.00 plus sales tax Year 2: June 1,2022—May 31, 2023 - $2,266.00 plus sales tax LESSEE shall pay Rent,when due and payable,without any setoff,deduction or prior demand whatsoever. Any payment by LESSEE or acceptance by LESSOR of a lesser amount than shall be due from LESSEE to LESSOR shall be treated as payment on the account. The acceptance by LESSOR of a check for a lesser amount with an endorsement or statement thereon, or upon any letter accompanying such check,that such lesser amount is payment in full, shall be given no effect, and LESSOR may accept such check without prejudice to any other rights or remedies which LESSOR may have against LESSEE. Payment of Rent shall be made to the following address: Flamingo Plaza Associates LLC CIO Seabreeze Property Management LLC 10 Yacht Club Lane Indian Harbour Beach, F132937 Or Direct Deposit or to such address that Lessor designates 4) LATE CHARGES. Should Lessee fail to pay when due any installment of rent or any other sum payable to Lessor under the terms of this Lease, and should such sum remain unpaid for more than five (5) days past the date when said sum was due,then Lessor shall assess a late fee equal to ten percent(10%)of 1 the amount of the installment of rent or any other sum payable to Lessor.In the event the rent or other sum shall remain unpaid for more than 15 days, then in addition to the late fee and rent there shall be interest due thereon at the rate of eighteen(18%)percent per annum due from the original day the rent or other sum was due until the rent is paid in full. This charge is in addition to any other rights or remedies of the LESSOR. 5) USE OF PREMISES. a) LESSEE acknowledges that neither LESSOR nor any agent of LESSOR has made any representation or warranty with respect to the PREMISES or with respect to the suitability of the PREMISES for the conduct of LESSEE'S business, nor has LESSOR agreed to undertake any modification, alteration or improvement to the PREMISES except as provided in this Lease. b) LESSEE shall not use the PREMISES or permit anything to be done in or about the PREMISES, which will in any way conflict with any law, statute,ordinance or governmental rule,or regulation or requirement of duly constituted public authorities now in force or which may hereafter be enacted or promulgated. LESSEE shall at its sole cost and expense promptly comply with all laws, statutes, ordinances and governmental rule, regulation or requirement now in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the conditions, use or occupancy of the PREMISES. The judgment of any court of competent jurisdiction or the admission of LESSEE in any action against LESSEE,whether LESSOR be a party thereto or not, that LESSEE has violated any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of the fact as between LESSOR and LESSEE. c) LESSEE agrees that any signs placed upon or about such Leased Premises shall, upon the end of the Term of the Lease,or upon the earlier termination,be removed by LESSEE,and LESSEE shall repair any damage to the Leased Premises which shall be occasioned by reason of such removal. d) LESSEE agrees to use these Leased Premises for general retail as a salon with a maximim of six total stations.. 6) CONDITION_OF PREMISES. LESSEE hereby accepts PREMISES in`AS IS'condition.Lessor shall service both Air Conditioning units and clean the unit. LESSEE acknowledges that LESSEE has examined and knows the condition of the Leased Premises, and has received the same in good order and repair, and agrees: (a) To surrender the Leased Premises to LESSOR at the end of the term or any renewal without the necessity of any notice from either LESSOR or LESSEE to terminate the same., and LESSEE hereby expressly waives all right to any notice which may be required under any laws now or hereafter enacted and in force. (b) To surrender possession of these Leased Premises at the expiration of this lease without further notice to quit, in as good condition as reasonable use will permit. (c) To keep the Premises in good condition and repair at LESSEE's own expense except repairs which are the duty of the LESSOR. (d) To indemnify Lessor for all liabilities, costs and damages from Lessees construction. 2 Lessee shall pay for any expense, damage, or repair associated by the stopping of waste pipes of overflow from toilets or sinks and for damage to window panes,window shades, furnishings, or other damage to the interior of the Leased Premises. 7) REPAIRS, MAMTENANCE and UTILITIES. LESSEE shall be responsible, at LESSEE's expense, for maintenance and repairs of the interior of the demised PREMISES, including, but not limited to plumbing,electric, air conditioning,windows,floors, interior walls, doors and ceilings. LESSEE is also responsible for any exterior equipment or item which is used exclusively for their Suite such as their HVAC. The LESSEE is responsible for repairs of the 14VAC system up to $300.00 per repair. LESSOR shall pay for the replacement and/or amount of any one repair exceeding$300.00 of the HVAC if deemed necessary by LESSOR's HVAC personnel, unless such repair or replacement is deemed necessary due to fault or neglect of the Tenant. LESSOR and LESSEE further agree that for the purposes of this lease, LESSEE shall be responsible for activation and payment for all utility services inside PREMISES. LESSEE shall have non-exclusive access to parking spaces at the LEASED PREMISES for use by the LESSEE's employees and customers. Should it become necessary to assign parking spaces,LESSOR shall do so at its sole discretion in proportion to the amount of space the LESSEE occupies of the building. LESSEE shall be responsible for keeping clean and tidy the exterior entrance way areas to the Premises. In addition, all covered walkways are No Smoking areas. Smoking out the South and West doors is permitted. LESSEE is responsible for keeping the area along the south entrance free of cigarettes, trash, and debris. Employee parking is to be first used at the rear of the building and then away from the building. 8) FIXTURES AND TRADE FIXTURES. LESSEE shall make no changes, improvements, alterations, or additions to the Leased Premises unless such changes, improvements, alterations, or additions:(a)are first approved in writing by LESSOR;(b)are not in violation of restrictions placed thereon by the investor financing the construction of the building; and (c) will not materially alter the character of such premises and will not substantially lessen the value of the Leased Premises. LESSOR may not unreasonably withhold approval, and if there is a dispute as to reasonableness, it shall be determined by arbitration. All improvements made by LESSEE to the Premises which are so attached to the Premises that they cannot be removed without material injury to the Premises, shall become the property of LESSOR upon installation. Not later than the last day of the Term,LESSEE shall,at LESSEE's expense,remove all of the LESSEE's personal property and those improvements made by LESSEE which have not become the property of LESSSOR, including trade fixtures, cabinetwork, movable paneling, partitions, and the like; repair all injury done by or in connection with the installation or removal of such property and improvements; and surrender the Premises in as good condition as they were at the beginning of the Term, reasonable wear,and damage by fire,the elements,casualty,or other cause not due to the misuse or neglect by LESSEE or LESSEE's agents, employees, visitors, or licensees, excepted. All property of LESSEE remaining on the Premises after the last day of the Term, if this lease shall be conclusively deemed abandoned, and may be removed by LESSOR, and LESSEE shall reimburse LESSOR for the cost of such removal. 9) SECURITY DEPOSIT. The LESSEE, has deposit with the LESSOR an amount totaling Two Thousand Two Hundred and 00/100 Dollars ($2,200.00), which sum shall be held by the LESSOR as 3 (0 security of the full faith and performance by LESSEE of all of the terms, covenants, and conditions of this lease by LESSEE. The security deposit shall be held, applied to damages or rent and returned to LESSEE all in accordance with the laws of the state where the Leased Premises are located and in force at the time of execution of this lease. In addition,Last Month's rent,in the amount of$2,266.00,shall be collected upon execution of this Lease.. 10) LESSOR'S LIEN. As additional security, LESSEE acknowledges to the extent allowed by applicable law, the LESSOR's right to hold and sell with due legal notice all property on or to be brought on the Premises in order to satisfy unpaid Rent,expenses, and utilities. 11) DEFAULT. Each of the following shall be deemed an Event of Default: (a) Default in the payment of Rent or other payments hereunder. (b) Default in the performance or observance of any covenant or condition of this lease by the LESSEE to be performed or observed. (c) Abandonment of the premises by LESSEE of 15 consecutive days with rent in arrears. (d) The filing or execution or occurrence of. -Filing a Petition in bankruptcy by or against LESSEE. -Filing a petition or answer seeking a reorganization, arrangement, composition, readjustment, liquidation, dissolution or other relief of the same or different kind under any provision of the Bankruptcy Act. -Adjudication of LESSEE as a bankrupt or insolvent:or insolvency in the bankruptcy equity sense. -An assignment for the benefit of creditors whether by trust,mortgage, or otherwise. -A petition or other proceeding by or against LESSEE for, or the appointment of, a trustee, receiver, guardian, conservator or liquidator of LESSEE with respect to all or substantially all its property. -A petition or other proceeding by or against LESSEE for its dissolution or liquidation, or the taking of possession of the property of the LESSEE by any governmental authority in connection with dissolution or liquidation. 12) NOTICE OF DEFAULT. In the event of an act of default with respect to any provision of this lease, neither party can institute legal action with respect to such default without first complying with the following conditions: (a) Notice of such event of default must be in writing and must either be hand delivered,mailed to the other party by U.S. Certified Mail, return receipt requested,UPS or FedEx, or if unable to provide notice by these methods, if notice is from LESSOR to LESSEE by posting the notice on the front door of the Leased Premises. (b) Such written notice shall set forth the nature of the alleged default in the performance of the terms of this lease and shall designate the specific paragraph(s)therein which relate to the alleged act of default. (c) Such notice shall also contain a reasonably understandable description of the action to be taken or performed by the other party in order to cure the 4 alleged default and the date by which the default must be remedied,which date can be not less than three (3) business days from the date of mailing the notice of. 13) TERMINATION. Upon occurrence of any Event of Default,and after proper notice of default has been given,LESSOR may,at its option, in addition to any other remedy or right given hereunder or by law; Give notice to LESSEE that this lease shall terminate upon the date specified in the notice, which date shall not be earlier than three(3) days after mailing or delivery of such notice. The foregoing provisions for the termination of this lease shall not operate to exclude or suspend any other remedy of the LESSOR for breach, or for the recovery of said Rent for the full term. Under Florida Code § 83.05: LESSOR shall recover possession of the leased premises only(1) in an action for possession or other civil action, (2) when LESSEE surrenders possession of the premises to LESSOR, or (3) when LESSEE has abandoned the rented premises. In the absence of actual knowledge of abandonment, abandonment shall be presumed if the LESSEE is absent without notice for fifteen(15)consecutive days, and rent is unpaid. 14) ACCELERATION. LESSEE expressly agrees and understands that upon LESSOR'S termination of this Lease, with exception of the provisions as noted in Fourteen (14),the entire remaining balance of unpaid Rent for the remaining term of this Lease shall ACCELERATE, whereby the entire sum shall become immediately due, payable, and collectable. To the extent allowed by law, LESSOR may hold the portion of LESSEE'S security deposit remaining after reasonable cleaning and repairs as a partial offset to satisfaction of the accelerated Rent. 15) REPOSSESSION. Upon termination of this lease as provided herein, or pursuant to statute, or by summary proceedings or otherwise,the LESSOR may enter forthwith,without further demand or notice to LESSEE, and resume possession of the Leased Premises. In no event shall such re-entry or resumption of possession or reletting as hereafter provided be deemed to be acceptance or surrender of this lease or a waiver of the rights or remedies of LESSOR hereunder. 16) RELETTING AFTER TERMINATION. Upon termination of this lease in any manner above provided, LESSOR shall use reasonable efforts to relet the Premises. 17) DAMAGES. Upon termination of this lease in any manner above provided, or by summary proceedings or otherwise, LESSEE shall pay to LESSOR without demand or notice the following: (a) All Rent and other payments accrued to the date of such termination and a proportionate part of the rent otherwise payable for the month in which such termination occurs. (b) All future Rent and other payments to be due under the terms of this lease to the extent Landlord has not been able to offset same by reletting the Premises within 30 days of termination. (c) The costs of making all repairs, alterations and improvements required to be made by LESSOR hereunder,and of performing all covenants of LESSEE relating to the condition of the Premises during the Term and upon expiration or sooner 5 termination of this lease, such costs to be deemed prima facie to be the costs estimated by a reputable architect or contractor selected by LESSOR or the amounts actually expended or incurred thereafter by LESSOR. (d) The attorneys'fees and other costs. 18) EXCLUSIVITY OF LESSOR'S REMEDIES. The receipt of Rent after default, or after judgment or after execution, shall not deprive the LESSOR of other actions against the LESSEE for possession or for Rent or for damages, and all such remedies are non-exclusive and can be exercised concurrently or separately as LESSOR desires. 19) LESSOR NOT LIABLE FOR INJURY OR DAMAGE TO PERSONS OR PROPERTY. The LESSOR shall not be liable for any injury or damage to any person or to any property at any time on said Premises or building from any cause whatever that may at any time exist from the use or condition of the Premises or building from any cause,during the Term or any renewal of this lease. It is expressly agreed by the parties that Lessor shall not be liable for any damage, injury or death, which may be sustained by Lessee, Lessee's agents, servants, employees, customers and invitees, or other persons, resulting from the intentional acts, carelessness, negligence or improper conduct on the part of Lessee or any other tenants (or such tenant's servants, employees, agents, guests or invitees), or by reason of the breakages, leakage, or obstruction of the water, sewer or other pipes, or any other leakage or condition, or action of whatever nature or cause, in or about the Premises. 20) TAXES. Taxes on the personal property of LESSEE shall be the responsibility of LESSEE. Property taxes shall be the responsibility of the LESSOR. 21) RIGHT OF RE-ENTRY. LESSOR shall have the right, by itself or agent or with others,to enter the Premises during normal business hours and upon reasonable notice(except for emergencies)to examine or exhibit the premises, or to make such repairs and alterations as shall be deemed necessary for the safety and preservation of the building,to inspect and examine, to post such notices as LESSOR may deem necessary to protect LESSOR against loss from liens of laborers,material men or others,and for the purpose of permitting or facilitating LESSOR's performance of its obligations hereunder,or for any other reasonable purpose which does not materially diminish LESSEE's enjoyment or use of the Leased Premises. LESSOR's right to show the LEASED PREMISES to prospective LESSEE's is limited to the last Four(4) months of this LEASE. 22) HOLDOVER. If LESSEE shall holdover after the expiration of the Term hereof,with the consent of LESSOR, express or implied, such tenancy shall be from month to month only, and not a renewal hereof; and LESSEE agrees to pay Rent and all other charges as provided herein, and also to comply with all covenants of this lease for the time LESSEE holds over. LESSEE shall be entitled to possession until LESSOR has given LESSEE thirty (30) days notice that such month to month tenancy shall be terminated; otherwise, notice is only required as hereinafter provided as notice of default. If LESSEE shall hold over without the consent of LESSOR, express or implied, then LESSEE shall be construed to be a tenant at sufferance at double the Rent herein provided, prorated by the day until possession is returned to LESSOR. LESSEE'S holding over beyond the expiration of the notice period of a lawful Notice of Termination constitutes holding over without the consent of the LESSOR,and LESSEE shall be construed to be a tenant 6 at sufferance, at double the Rent herein provided, prorated by the day until possession is returned to LESSOR,without limitation to LESSOR'S remedies and rights of recovery under applicable law. 23) NATURE OF RELATIONSHIP_BETWEEN PARTIES. The sole relationship between the parties created by this agreement is that of LESSOR and LESSEE. Nothing contained in this lease shall be deemed, held,or construed as creating a joint venture or partnership between the parties. 24) WAIVER OF NONPERFORMANCE. Failure of the LESSOR to exercise any of its rights under this lease upon nonperformance by the LESSEE of any condition, covenant or provision herein contained shall not be considered a waiver, nor shall any waiver of nonperformance of any such condition,covenant or provision by the LESSOR be construed as a waiver of the rights of the LESSOR as to any subsequent defective performance or nonperformance hereunder. 25) SUBORDINATION. This lease is subordinate to the lien of all present or future mortgages that affect the Leased Premises and to all renewals,modifications,replacements and extensions of this lease.This clause shall be self-operative but in any event LESSEE agrees to execute promptly and deliver any estoppel certificate or other assurances that LESSOR may request in furtherance of this provision. 26) SUBLEASE. Lessee shall not sublease the premises without Lessor's consent. Such consent shall not be unreasonably withheld, however, Lessor shall have the right to withhold such assignment, should such assignment adversely affect the building,the existing tenants,and/or the lease in the discretion of the Lessor. 27) INSURANCE. LESSEE shall,during the entire term of the lease keep in full force and effect a policy of public liability insurance with respect to the property and the business operated by LESSEE in the property and which the limits of general liability shall be in the amount of one million Dollars ($1,000,000) combined single limit, naming LESSOR as additional insured. Such coverage shall include a broad form general liability endorsement. The policy shall contain a clause that the LESSEE will not cancel or change the insurance without first giving the LESSOR ten (10) days prior written notice. 28) DAMAGE DESTRUCTION AND CONDEMNATION.If the Premises hereby leased are damaged or destroyed in part by fire or other casualty ordinarily insurable under full standard extended coverage insurance in Florida during the term hereof,Lessor will repair and restore the same to good tenantable condition with reasonable dispatch. The rent herein provided shall abate entirely in case the entire Premises are untenantable,provided Lessee vacates the Premises and shall be prorated for any portion rendered untenantable in case a part only is untenantable, and Lessee does not vacate the Premises, until the same shall be restored to a tenantable condition. Provided, however,that if Lessee, its agents, employees or guests or invitees shall fail to adjust its own insurance or to remove its damaged goods, wares, equipment or restoration is delayed, there shall be no abatement of rental during the period of such resulting delay;and provided further that there shall be no abatement of rental if such fire or other causes damaging or destroying the Premises shall result from the act or omission of Lessee, its agents, employees or guests or invitees; and provided further that if Lessee shall use any part of the Premises for storage or other useful purpose during the period of repair, a reasonable charge shall be made therefrom against Lessee. In the event the Premises shall be destroyed to the extent of more than fifty (50%)percent of the value thereof, Lessor may at its option terminate this Lease forthwith by written notice to Lessee. In the event Lessor elects to rebuild or repair,then this Lease shall not terminate, but rent shall be abated equitably while the Premises are untenantable. If any damage is due to Lessee's willful act of negligence or omission,the rental sums shall not abate and Lessee will be liable to restore the Premises. In the event it becomes necessary to make any changes to the 7 Premises as required by governmental regulations,then the expenses of all such changes shall be borne by the Lessee. 29) EMINENT DOMAIN. In the event that the Premises, or any part thereof, shall at any time after the execution of this Lease be taken for public or quasipublic use or condemned under eminent domain, Lessee shall not be entitled to claim, or have paid to the Lessee any compensation or damages whatsoever for or on account of any loss, injury, damage or taking of many right, interest, or estate of the Lessee in or to said property, in which event Lessee, upon request of Lessor so to do, will execute any and all releases or other documents as shall be required by such public or quasipublic authority. However, nothing herein contained shall be construed to prevent the Lessee from asserting against the condemnor any separate and independent claims for damages occurring, including, but not limited to, personal property,business, goodwill,cost of removing equipment,moving expenses, or loss of future profits. In the case of any such taking or condemnation referred to in this paragraph, then if and when there is an actual taking of physical possession of the Premises or of any part thereof in excess of thirty percent (30%) of the total floor areas thereof, then either the Lessor or the Lessee may cancel and terminate this Lease as to the whole of the Premises by giving notice to the other party within ten(10) days after such an actual taking of physical possession. No such taking shall give rise to any right of termination or rent abatement for such taking. If this Lease is not terminated as above provided for following any of said actual takings, then the Lessor shall repair the Premises at its own expense; provided, however, that Lessor's obligation to repair shall be limited to the amount of award actually received by it for such taking.In the event of a partial taking of the Premises,a proportionate allowance shall be made in the Base Rent based on the proportion of the Premises remaining as compared to the original Premises. 30) ENTIRE AGREEMENT: This Lease constitutes the entire agreement between the parties. No representations, warranties or promises pertaining to this Lease or any property affected by this Lease have been made by, or shall be binding on, either of the parties, or agents thereof, except as expressly stated in this Lease. This Lease cannot be changed orally, but only by an agreement in writing signed by the party against whom enforcement of any such change is sought. 31) ATTORNEY'S FEES AND COLLECTION COSTS: Lessee agrees to pay the cost of collections and reasonable attorney's fees on any part of delinquent rental payments or other sum due hereunder that may be collected by efforts of an attorney-at-law or a collection agency.As to the enforcement of any of the provisions of this Agreement, the defaulting party shall be liable to the nondefaulting party for the nondefaulting party's attorney's fees and court costs at trial and on appeal. 32) WAIVER OF JURY TRIAL: The parties(to the fullest extent permitted by law)waive trial by jury in any action,proceeding or counterclaim brought by either of the parties against the other on any matters arising out of this Lease or the relationship of Lessor and Lessee. 33) NOTICES. All notices concerning this lease shall be mailed to the parties via certified mail or trackable delivery at the following addresses: 8 LESSOR LESSEE Flamingo Plaza Associates,LLC �' ' P.O. Box 418 } fi k# Boynton Beach, FL 33425-0418 ry 34) GOVERNING LAW AND VENUE: Governing law shall be Florida and venue Palm Beach County. 35) NEUTRAL AURTHORSHIP.The lease shall be construed as if drafted by both Parties. 36) SEVERABILITY. Should one or more clauses be held to be unenforceable,then the remaining body of this agreement shall remain in full force and effect. 37) SALE BY LESSOR. In the event of a sale or conveyance by LESSOR of all or part of the Leased Premises,the same shall operate to release LESSOR from any future liability upon any of the covenants or conditions, express or implied, herein contained in favor of LESSEE, and in such event LESSEE agrees to look solely to the responsibility of the successor in interest of LESSOR in and to this lease. This lease shall not be affected by any such sale, and LESSEE agrees to attorn to the purchaser or assignee. LESSEE agrees to permit LESSOR, at any time within 60 days prior to the expiration of this lease, to place upon or in the window of the leased premises any usual or ordinary For Rent or similar sign and to allow prospective tenants,applicants or agents of LESSOR to enter and examine the Leased Premises during the last 60 days of the term hereof, and to permit LESSOR or LESSOR's agents, at any time during the term hereof, to conduct prospective purchasers through the Leased Premises during reasonable business hours. 38) 1ASSIGNMENTS AND SUB-LEASE. The LESSEE hereby agrees not to assign this lease voluntarily or involuntarily, nor to sub-lease the Premises or any part of the Leased Premises, without the written consent of the LESSOR, under penalty of instant forfeiture of this lease.All rights and liabilities herein given to or imposed upon either of the parties shall extend to the heirs, executors, administrators, successors and assigns of such party. 39) MODIFICATION. Any modification or amendment off this agreement shall be in writing and shall be executed by all parties. �� I '-(� `��►VlJ1 `,. l� 1`, shall personally guarantee 40) PERSONAL GUARANTEES.All Owner's of `0 1 this Lease. 41) SIGNAGE. Within 90 Days of the commencement of this Lease, Lessee shall have added their name to the monument sign on the northeast corner of the property.In addition, signage on the building shall 9 be added if allowed by the City of Boynton Beach. Signage shall be consistent with all other Lessee's and shall be approved first by Lessor. 42) BROKERAGE. Both Lessor and Lessee herby represent and warrant that they have not dealt or consulted with any real estate broker or agent in connection with the Property or this transaction. Lessee shall indemnify and hold Lessor harmless from and against any and all claims of all brokers and finders claiming, by, through or under Lessee and in any way related to the Lease, including, without limitation, reasonable attorneys' fees,paraprofessional fees and expenses incurred by Assignee at the trial level and all levels of appeal in connection with such claim. All documents such as schedules,exhibits and like documents are incorporated herein and shall be initialed by all parties. If LESSEE is a corporation,each person executing this lease represents and warrants that he is duly authorized to execute and deliver this lease on behalf of the corporation. Those persons further represent that the terms of this lease are binding upon the corporation. Signed,sealed and delivered in the presence of the witnesses below,the undersigned LESSOR and LESSEE execute this lease to be elle t ve as of the day and date first above written. r , Flamingo Plaza Associates, LLC Witness Lessor Witness Witness t t tT /p fv r Jf Lessee Witness 10 i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: June 14, 2022 OLD BUSINESS AGENDAITEM: 12.A. SUBJECT: Presentation by Palm Beach County Housing Authority on the Properties within the CRA District SUMMARY: On November 30, 2021, the CRA Board voted unanimously to send a letter to the Palm Beach County Housing Authority (PBCHA) expressing concerns regarding the auction results and requesting that funds from the PBCHA Cherry Hill Residential Lots Auction be dedicated to affordable housing in the Boynton Beach Community Redevelopment Agency (BBCRA) Area (see Attachment 1). At the March 9, 2022 CRA Board meeting, the Board asked CRA staff to invite a representative from the PBCHA to give an update on current PBCHA-owned properties and PBCHA future development plans for those properties within the CRA area. Since the March 9th meeting, staff was able to get the results of the PBCHA Cherry Hill Residential Lots Auction held on February 15, 2022 (see Attachment 11). Staff received a response from Ms. Carol Gilbert-Jones, PBCHA Executive Director, on April 7, 2022, indicating that she would like to be placed on the May 10th CRA Agenda (see Attachment 111). Due to the numerous agenda items and lengthy discussions that took place at the May 10th CRA Board meeting, Ms. Carol Gilbert-Jones could not stay. The CRA Board tabled the item until the June 14th CRA Meeting. Ms. Gilbert-Jones's presentation is attached as Attachment IV. 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 - BBCRA Letter to PBCHA Requesting Dedication of Auction Funds to Affordable Housing in BBC RAArea D Attachment II -2-15-22 PBCHA Cherry Hill Lots Buyers List D Attachment III - PBCHA Request to be on May 10, 2022 CRAAgenda D Attachment IV - PBCHA Presentation 1 100 E.Ocean Avenue,4th Floor BOYNTON BEACH, FL 33435 PH: 561-737-3256 QMBEACH RA FAX: 561-737-3258 OMMU ,,,.0,P „ 8 Ay +.o n B c2 w.�x,f Crr,� � ctud"€`s February 1, 2022 Paul Dumars,Jr. Chairman, Board of Commissioners The Palm Beach County Housing Authority 3432 West 45th Street West Palm Beach, FL 33407 Dear Mr. Dumars, This letter is written on behalf of the Boynton Beach Community Redevelopment Agency (BBCRA). As you are aware, the Palm Beach County Housing Authority (PBCHA) recently held a public auction and sold multiple lots within the Cherry Hill neighborhood of Boynton Beach. Over the many years PBCHA owned the lots, the BBCRA made repeated offers and requests to have these lots developed as affordable housing.The BBCRA also attempted to purchase many of the lots at the recent auction; however, it was only able to secure one property. The remainder of the properties were sold at a price that will prohibit their use as affordable housing unless significant additional public subsidies are provided. Given the mutual goals of the BBCRA and the PBCHA to provide affordable housing,this letter is to formally request the PBCHA dedicate the funds received from the recent sale of the various Cherry Hill properties to providing affordable housing within the BBCRA Area. The BBCRA would welcome the opportunity to partner with you to provide affordable housing in Boynton Beach, as has long been envisioned by both the BBCRA and the PBCHA. Please direct any questions or opportunities to partner with Thuy Shutt,the Executive Director. Sincerely, en B. Grant, Board Chair Nodrow Hay, ardice Chair '* 3, usti Christina Ro us, Board Member Ty P r From: Andre LaBauve To: Utterback,Theresa Cc: Shutt,Thuv Subject: RE: PBCHA Cherry Hill Lots Auction-2/15/22 Date: Wednesday,April 27,2022 2:25:04 PM Attachments: imaae001.12na image002.12ng image003.12ng image004.12ng image005.12ng image006.12ng image007.12ng Hi Theresa, Sorry, I didn't realize that we had provided the information last time. See below; 502-508 NW 13th Ave $128,700 Freedom Projects LLC 507-509 NW 12th Ave $133,100 Henderson Metellus, Serge Vilvar and Anonce Nerestant 515 NW 12th Ave $107,800 Henderson Metellus, Serge Vilvar and Anonce Nerestant 532 NW 12th Ave $97,900 TNR Global LLC 534 NW 12th Ave $92,400 TNR Global LLC 536 NW 12th Ave $91,300 TNR Global LLC Best regards, Andre LaBauve, CFO Fisher Auction Company From: Utterback, Theresa <UtterbackT@bbfl.us> Sent: Wednesday,April 27, 2022 2:18 PM To: Andre LaBauve <andre@fisherauction.com> Cc: Shutt,Thuy<ShuttT@bbfl.us> Subject: RE: PBCHA Cherry Hill Lots Auction - 2/15/22 Hi Andre, No worries, I am just requesting what your firm provided us from the Auction in September, see attached. 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W vc s fi From: Carol]ones-Gilbert To: Shutt,Thuy;Tammy McDonald Cc: Tack,Timothy; Utterback,Theresa; Maxine Gavle Subject: Re: Invitation to April 12th CRA Board Meeting Date: Thursday,April 7,2022 11:26:31 AM Attachments: imaae091832.12na imaae298130.12na image198177.ona imaae276045.12na imaae352676.12na imaae614782.12na Good morning Thuy, I hope this email finds you safe and well. Please put us down for the May CRA Board meeting. Thank you, Carol Jones-Gilbert Get Outlook for Android From: Shutt, Thuy <ShuttT@bbfl.us> Sent: Thursday,April 7, 2022, 6:43 AM To: Tammy McDonald<TMcDonald(aepbchafl.org> Cc: Tack Timothy<TackTobbfl.us>; Utterback Theresa<UtterbackTobbfl.us>; Carol Jones- Gilbert<CJones-G ilbert(a,PBCHAFL.org> Subject: RE: Invitation to April 12th CRA Board Meeting Good morning, Tammy, Just wanted to follow up on this invitation. Please let me know if you are able to attend the upcoming April 12, 2022 or May 10, 2022 CRA Board meeting. Thank you. Th iv chi„tt, NA, FRA-RA 5c.; 9 V i-ViJ J J J`J (,hi tff r bbLi is, http://www.boyntonbeachcra.com i� America's Gateway to the Gulfstream F _ „ F r „ iv _v r, v _s)uml . r- , rine vis ernail n av mail rOr1"1r1"1 .v�ll aion aml {` -mai as,7 _�, rn 1 be 'b,ev_ire p.bIv„I�v From: Shutt, Thuy Sent: Monday, March 28, 2022 11:22 AM To: Tammy McDonald <TMcDonald@pbchafl.org>; Carey Jones <careyjones83_yr6@indeedemail.com> Cc: P. E. Timothy T. Tack (TackT@bbfl.us) <TackT@bbfl.us>; Utterback, Theresa <UtterbackT@bbfl.us> Subject: Invitation to April 12th CRA Board Meeting Good morning, Ladies, I hope this email will find you well. Even though we have had correspondences through Fisher Auction, it has been a long time since the bus tour and our last pre-pandemic meeting and both of our organizations have undergone some changes so it would be beneficial to touch base again. I wanted to follow up on my previous discussion a few months ago with Tammy regarding the PBCHA's future plans and development opportunities in the CRA area. At our last CRA Board March meeting, our Board echoed the same sentiments and have asked staff to invite you to attend our next Board meeting which will take place on April 12, 2022. Please let me know of your availability to meet in person or virtually. 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Seacrest Boulevard Post-Closing SUMMARY: On January 13, 2020, the CRA entered into a Purchase and Sale Agreement for the properties located at 209 and 217 N. Seacrest Boulevard (see Attachments 1-111). The two combined properties total approximately 1.29 acres and are currently zoned C-2 (Neighborhood Commercial). The CRA Plan provides a recommendation for the property to be Mixed Use Medium, with 40 du/ac and a height maximum of 65 feet, with potential TOD bonuses under the Workforce Housing Ordinance. The combined parcels could also accommodate approximately 30,000 -40,000 square feet of residential, office, and retail uses. The CRA closed on the 209 N. Seacrest Boulevard Building which currently is leased to the City of Boynton Beach for use by the Police Department. The closing for the 217 N. Seacrest property, which contains the leased USPS Office, is scheduled for February 28, 2023 (see Attachment IV). Under the Purchase and Sale Agreement, the property will be delivered to the CRA unoccupied (see Paragraph 8.5 of Attachment V). On April 11, 2022, CRA staff received a request from Mr. Rick Hancock, Real Estate Specialist for the USPS, to appear before the CRA Board to discuss the USPS's interest in remaining at the current location after the closing until a new long term USPS facility is purchased (see Attachment VI). He also indicated in a meeting with City, CRA staff, and the property owner, Mr. Michael Weiner, the USPS is interested in a retail location in east Boynton Beach. Staff have included Mr. Michael Weiner, the current property owner, on all correspondences as the USPS lease with the property owner will expire on January 31, 2023 (a month before the closing). The CRA legal counsel indicated that a simple contract addendum could be executed allowing the closing to occur with USPS remaining as Tenant (with the current lease extended one month or a new lease executed comporting with CRA requirements). At the May 10th meeting, the Board tabled the item when Mr. Weiner could not connect virtually. On May 27, 2022, CRA staff and legal counsel had a conference call with Mr. Weiner and Mr. Hancock to discuss options. Mr. Weiner indicated that extending his lease with the Post Office is not an option for him and his partners and would like to discuss this with the Board at the June 14, 2022 CRA Board meeting. FISCAL IMPACT: Fiscal Year 2021-2022 Budget, Project Fund, Line Item, 02-58200-401 (Property Purchases), $635,316 for 217 N. Seacrest Boulevard closing Fiscal Year 2022-2023 Budget: Balance of funding ($764,684) to close 217 N. Seacrest Boulevard. CRA P LAN/P ROJ ECT/P ROG RAM: 2016 CRA Redevelopment Plan and 2010 Downtown Vision and Master Plan CRA BOARD OPTIONS: To be determined by the CRA Board. ATTACHMENTS: Description D Attachment I - Location Map D Attachment II -217 N. Seacrest Boulevard Appraisal D Attachment III -209 N. Seacrest Boulevard Appraisal D Attachment IV - Lease Agreement 217 N. Seacrest Boulevard D Attachment V -217 N. Seacrest Boulevard Executed Purchase and Sale Agreement D Attachment VI - US PS's Request to be on May 10th CRA Board Meeting i E 4 rP +4 r YY qr i t, z• e '�! "''�``t I t �� Milli OR s\11 g' WA t i x - �' �' - s 4k � �K s I I C d � . As a p3 , , 'fN APPRAISAL REPORT Boynton Beach Post Office 217 N Seacrest Blvd, Boynton Beach, FL 33435 Market Value: $1,600,000 as of July 11, 2019 -on i F � I , w i Property Identification: Report Prepared By: Report Prepared For(Client): 217 N Seacrest Blvd, Boynton Beach, FL Jonathan Whitney, MAI, State-Certified General Michael S.Weiner, Esquire 33435 Real Estate Appraiser RZ2943 Sachs Sax Caplan, P.L. Tax Parcel ID(s): 08-43-45-28-10-004-0090 Aucamp, Dellenback&Whitney Appraisers 6111 Broken Sound Pkwy, Tax Assessment:$957,742 2018 1900 NW Corporate Blvd,215 E Suite 200 Annual Tax Amount: $23,604 2018 Boca Raton, FL 33431 Boca Raton, FL 33487 Delinquent Taxes: No 561-998-9326 Owner: Boynton Boundless, LLC lonp_adw-appraisers.com Date of the Report:July 26,2019 (File#: 19-0940E) Purpose: To estimate market value in"as is"condition Interest Appraised: Leased fee interest Client: Michael Weiner Intended User The intended user of this report is Michael Weiner and-or assigns Intended Use: The intended use of the report is to provide information for use in making business decisions. Report Format: Appraisal Report(Form) Inspection Date: July 11,2019 Effective Date: July 11,2019 Report Date: July 26,2019 Competency Rule: We had the knowledge and experience necessary to complete this assignment competently at the time of its acceptance. Hypothetical Conditions: None Extraordinary Assumptions None Valuation Approaches: The sales comparison approach provides an estimate of market value based on an analysis of comparable property sales. Other: Jonathan Whitney inspected the readily accessible areas of the subject site and improvements, performed the research and analysis,and wrote this report. Pagel of 27 .•!1111111111111m,1111ii Jilil .- Subject Property Name: Boynton Beach Post Office Address: 217 N Seacrest Blvd, Boynton Beach, FL 33435 Location: Within the municipality of Boynton Beach, Palm Beach County, Florida Legal Description: Shown below(Source:Warranty Deed) Current Owner: Boynton Boundless, LLC Ownership History: No arm's length transactions involving the subject have occurred in the prior three years. Items Received: Lease Market Data Sources: Costar Realty(subscription service), LoopNet.com(subscription service), Multiple Listing Service (subscription service), PwC Real Estate Investor Survey(subscription service),published reports from national brokerage firms, RealQuest(subscription service),Site-To-Do-Business(subscription service), Floodmaps.com(subscription service), RealtyRates.com (subscription service), Marshall Valuation Service(subscription service), local county property appraiser's records(public records), Circuit Court recordings(public records),and appraisal files in this office Types of Data: Commercial building and land sales 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. Lads Y.16,11 and 12,ltdmik,,t,ltdytoom Hrighte Ad'dhinto to To"gad PAoAtaat p�e�rk,n�crasrdrm�tithe Plot thereof.recorded in PPI g" flt, Page Tao,of the Public Remoat tar Ni.,Ifrmch cn nt , Floridsa x doss Pori tar.of Lama[deicrdKRed as a'4(Ifland mer,through Amd welters the rtrlioe-ctbg;: Loet 9,1k 11 and the wett t6at1 text dtif'i_r,tl l3,m31�k 4,according to the reti5ed fat it(Rua)noon loceightt,. as recorded in Plot Hunk Brh,Page 64,,' Public dkKords of Parer heath Cannot,Florida,in seciiian 28,rownshipa 43:Soulh,Range 43 Emo,xwid tociP when ntrasured along a mime JoAl fret eatRt ear mord leuratdrf No The west fine of laded Lot 47_,Wog the Nordhrrily 12 recto and liras the march iw rmT o,rthe€*t&99 flee tam Smirk Lad ill Ill,Retitle.11h; Lots 0� 1+:1i;64.1 <Wk i,rr-head foul of Mnsmtom Heights,soul dkWa in,Me Tmtm of Royntom ddeaeh, Ftorida,aceoradlrg to the Pladthxntid revordt4l in the office of the Clerk of obc Circuit court to and, for Palm,BeaTh County,Flo rdda,tm No Roark to.Pagan her ,samkajrrt to d'easrmrnlacme rear of htes.:as in Pao MaAk dig,Page 64,Patin tk,*e.(ouaal.R"omd;. Togrootot;rack:. Loci..11, ON, 19',a".tt,1-1,trot obi murth 18 fcci of Lit 1.2.ltdtx'k,d,ff iwd Piet of Sep-mate Heighten,. oddwon to the'roun tad Ntoinion ldrmeka.Florida,arcmrding In ifae I'tm1 ehrrenf riovorded in rhV Ckmor of the Clerk of flus Clreaft C'.aawt in mad fwer Polio Wach Coumra,f"loeW14,no Vim Hook in,Paras W. rhos Ntortoum of lend drtrrihed as the eaxt 10 feet lir Leo P1 and..deo At W)oh 12 reel..ofLott 18,,19,. f111,1 f Areal the nerve h 19,lrrt of Lul 22 all.No toad Rdeck,4,and'that part of taddX t t r$11 a n,J 18 n hreh is roogo,itl to m 1Pre TZ rort w. rcth of and laataliet cc,the trarak lime of said Lox dT at adrrdrad eo the Some art F'lrrrdata. Pared Wentddaratdo t Number,kd&41-415 di 10-04349t040 5nht,ecr ds tater far Niall And uukasRlaatrrd Seam cmtteoa n,sraur+;firaoas,rrstrwtiam,eottoraudr„rrseaocwao and dlamltm€lrartt or ret ort,if a moa Page 2 of 27 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. Boynton Beach Blvd is a four-lane,traffic artery with an interchange with 1-95. Seacrest Boulevard is a collector roadway in the eastern part of the neighborhood. Federal Hwy is the primary north-south thoroughfare. Local streets connect with Boynton Beach Boulevard and Federal Hwy. Overall,the roadway network is good. Most of this neighborhood corridor was developed with single-family homes in the 1940s and 1950s. Some of these buildings have been converted to commercial use by single occupants. Lots are relatively small and most conducive to use by small buildings.The eastern end of the neighborhood was initially developed with some small, low-intensity commercial buildings. The City and the CRA(Community Redevelopment Agency)has been actively encouraging a more intensive downtown over the years.The downtown had a relatively low profile until three major redevelopment projects were completed during recent years. Marina Village along E Ocean Avenue was completed in 2006 with up to 14 floors of several hundred residential condominium units above 20,000 SF of first floor retail space. Residential units are being listed around$250,000 to$350,000. The Promenade along N Federal Highway was completed in 2009 with 14 floors of 323 residential condominium units above 19,000 SF of first floor retail space.The loan note on the unsold inventory of approximately 250 units was sold to a prominent South Florida developer,The Related Group.This buyer subsequently took title in a"friendly foreclosure"and changed the name to Casa Costa.These units are being listed around$350,000 and greater. 500 Ocean is a major new project that has recently completed construction with 341 residential units and 20,000 SF of commercial space at the southwest corner of Federal Highway and E Ocean Avenue.The apartments are renting from$1,500 to$2,500 per month. Boynton Beach's former City Hall is currently being redeveloped into Boynton Beach Town Square.This 16-acre site along the south side of Boynton Beach Boulevard will consist of a large new municipal and cultural complex. The local retail market is generally improving.The following chart shows retail sales in South Florida. In recent years,the price per square foot has been slightly fluctuating up or down from year to year. Sales volume for 2015 was the highest in recent years.The median Days-on-Market(DOM)have been less than eight months in recent years. According to Costar, Palm Beach County retail rents have been increasing(year-over-year)and vacancy has been generally decreasing(year-over-year). • Asking rental rates in South Florida have increased by 8.4%from early 2018 to early 2019. • The vacancy rate in South Florida slightly increased from 3.5%to 4.1%from early 2018 to early 2019. The subject is located within the Boynton Beach submarket.The following bullet points relate to the subject's submarket: • Quoted rents in the subject submarket are slightly less than the asking rent for Palm Beach County. • Vacancy in the subject's submarket at 4.3%is slightly more than the average vacancy rate for South Florida. • Some new construction is occurring in this submarket. • Year-over-year trends in the subject's submarket of Boynton Beach include the following: o Asking rental rates within the subject's submarket have increased by 1.4%during the past year. o The vacancy rate decreased 0.73%during the past year. Page 3 of 27 No arm's length transactions involving the subject have occurred in the prior three years.The subject is not listed for sale on the open market and is not encumbered by a purchase and sale agreement. • • Bldg Size 7,380 SF Source of Bldg Area PAPA Site Size 39,489 SF Property Type Retail Yr. Built 1963 Current Use Post office Rem. Econ. Life 25 years Occupancy owner vs.tenant/% 100%by tenant Quality Average Zoning C2(Neighborhood Commercial) Condition Average Conformance to Zoning No,grandfathered-in Date of Inspection July 11,2019 Property Inspected by Jonathan Whitney FEMA Flood Zone X The subject is located at a signalized intersection and has a parking ratio of 7.6 spaces per 1,000 SF of building,which is a good ratio in the local market. In 1963,the subject was improved with a one-story office building;the existing improvements largely consist of open work areas with higher than typical clear height in the local market.The property is currently 100%occupied by a single tenant (United States Postal Service)utilizing the property as a post office.The lease was executed in June 2002,renewed in January 2013, and then again in February 2018 for an additional five-year term,expiring in January 2023. No renewal options remain.The current annual base rent is$74,929,or$10.15/SF NN.This rate is below market rent for the area. As vacant:The subject property is attractive for development of a residentially-focused mixed-use project,possibly in conjunction with surrounding uses, utilizing the available intensity under an easily secured administrative zoning change to MU-2 or MU-3,which would allow for 40 to 50 units per acre plus a height of 75'.These mixed-use projects appear financially feasible in the local market based on recent nearby developments.The highest and best use is for immediate development of a residentially-focused mixed-use project, with possible assemblage with surrounding uses. As improved:The property is improved with an older commercial building that is leased to the United States Postal Service.The land value is estimated to be around$40/SF(or$1,600,000),which is just slightly less than the value as improved under the fee simple ownership($1,750,000). Based on the property's current building features(floor-to-ceiling windows,high clear height,and open layout),good road visibility,and on-site vehicular movement/configuration,an alternative user of the space would be interested in retrofitting the space for another retail use, utilizing the existing building shell.The property is a candidate for a significant capital improvement program to increase its value in the interim until the land surpasses the value as improved and it becomes feasible to redevelop the site with a more intense use.An owner user is the most probable purchaser currently.The highest and best use as improved is for interim use of the existing retail building by a single occupant,involving retrofitting and-or a capital improvement program to increase its value in the short term until land prices surpass the value as improved and the subject is redeveloped with a residentially-focused mixed-use project,with possible assemblage with surrounding uses. The most probable purchaser is an owner user, based on the sales data.Since the property is leased until January 31,2023,an investor may be interested in the income stream until the property can be sold to an owner user. 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. Based on the subject's age,and the difficultly in determining an appropriate deduction for depreciation,this approach is not useful. 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 readily available for estimating market value in the sales comparison 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 most probable purchaser is an owner user and rents do not support prices paid by owner users;therefore,this approach is not useful. The final step in the valuation process is reconciliation of the value indications into final values by analyzing the appropriateness, accuracy and quantity of evidence in each approach. Page 4 of 27 The sales comparison approach is a method for estimating the subject's value by analyzing sales of similar property.A search of the immediate area provided a sufficient number of useful sales(comparables).The addenda show a map,summary chart,and photographs of these properties.The unadjusted prices are presented with the most relevant unit of comparison: price per building square foot. The unadjusted sale prices range from$165 to$288/SF of building.After adjustments for market conditions,location,site/parking ratio, building size,year built/condition,the sale prices have an adjusted price range of$223 to$245/SF and have a mean of$236/SF, which is a relatively tight range.Our analysis indicates a reasonable value range is$235 to$240/SF,or$1,735,000 to$1,770,000, say$1,750,000.We conclude the sales comparison approach indicates a value in"as is"condition of the fee simple interest at $1,750,000. Since the property is leased for the next four years(no renewal options remain)and the most probable purchaser is an owner occupant,a discounted cash flow model is necessary.The model in the addendum shows the contract base rent payments, appropriate landlord deductions(insurance and management/administration),and the associated net operating income(cash flows) over the next four years.Additionally,the net sale proceeds in the last year are$1,890,000,which is the value of the simple interest inflated by 3%per year and then reduced by sales commissions of 4%.The cash flows are discounted at a market-driven discount rate of 8.0%annually.The net present value is$1,600,000, rounded.We conclude the value of the subject's leased fee interest in"as is"condition is$1,600,000. As a point of reference,this value computes to an effective overall rate of 4.1%when using the net operating income,which is $65,301. 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. A A A Effective Date of Value Interest Appraised As Is Market Value Jul 11,2019 Leased Fee $1,600,000 Reasonable Ex osure Time: 12 months or less Marketin Time O inion: 12 months or less The most probable purchaser of the subject is an owner user, based on sales of similar property. However,since the property is leased,an investor would be interested in the income stream until the ro ert can be sold to an owner user. None Market value means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale,the buyer and seller each acting prudently and knowledgeably,and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated; 2. Both parties are well informed or well advised,and acting in what they consider to be their own best interests; 3. A reasonable time is allowed for exposure to the open market; 4. Payment is made in terms of cash in U.S.dollars or in terms of financial arrangements comparable thereto;and 5. The price represents a normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. Source: 12 CFR 34.42(g). The intended user of this report is Michael Weiner and-or assigns.The intended use is for business decisions. This Appraisal Report conforms to USPAP requirements. Page 5 of 27 1 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. • I have no present or prospective interest in the property that is the subject of this report,and I have no personal interest with respect to the parties involved. • I have no bias with respect to any property that is the subject of this report or to the parties involved with this assignment. • My engagement in this assignment was not contingent upon developing or reporting predetermined results,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 provided significant real property appraisal or appraisal consulting assistance to the person signing this certification. • As of the date of this report,we have completed the continuing education program of the State of Florida. • 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. _ July 26,2019 Jonathan X`44itney, MAI State-certi ied General Real Estate Appraiser RZ2943 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 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 Page 6 of 27 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. 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. ® illi IDS 1)Subject Photographs 2)Plat/Site Map 3)Comparable Photographs 4)Subject and Comparable Location Map(s) 5)Appraiser's Qualifications 6)Copy of Appraiser's and Inspector's State Certification/License Page 7 of 27 SUBJECT PHOTOGRAPHS f�ne tt ti�Jt a.��4 5 a p� Facing subject from front parking lot (east and north elevations shown) t �,,�,:•,,. s y 1'�Z Ill �ri}' tti 5 1 141 ".� ki1 t i 1 y�ifi 1 ' 54�tli w a 4 I ar t' 1#tf i k t� �1 K Facing west along W Boynton Beach Blvd with subject on the left Page 8 of 27 (i E - l t int �t t CTt } a4 t Facing subject's rear parking lot along W Boynton Beach Blvd - ,it - t tjtt� {Y Y� 5 t tt� Y - 11 �}4 North and west elevations shown Page 9 of 27 r� t z h lii �t 'i Subject entrance/lobby Page 10 of 27 SITE MAP (subject is outlined in red) e v ' l '.V i 1a'hd�a fii�i,�f1Y���£�1 f5lrecJ � t: za. sr- 4 t 4�t i�`ft :s t Page 11 of 27 SALES COMPARISON APPROACH SUMMARY OF COMPARABLES Post Office,217 N Seacrest Blvd.,Boynton Beach,Florida(19-0940E) ADW Property # 9606 9715 6335 8530 8472 8984 Property Name Post Office Fm Art Glass Weiss Walgreens Palm Beach Congregationa Memorial Reposition Recovery I United Chapel Church Address 217 N Seacrest 440 SE 5th Ave 202 E Boynton 4998 10th Ave 1110 6th Ave S 115 N Federal Blvd. Beach Blvd N Hwy City Boynton Beach Delray Beach Boynton Beach Greenacres Lake Worth Boynton Beach Sale: Sale Price N/A $2,450,000 $835,000 $2,250,000 $1,500,000 $3,000,000 Sale Status N/A Closed Closed Closed Closed Closed Marketing Period N/A 11 months 5 months 0 months 3 months 0 months Date of Sale N/A Mar-19 Dec-18 Nov-1 8 Jul-18 May-18 Price/SF Bldg N/A $270 $278 $165 $288 $220 Site: Site Size Acres 0.91 0.65 0.30 2.87 0.39 1.29 Site Size SF 39,489 28,377 12,898 125,163 17,001 56,192 Floor Area Ratio 0.19 0.32 0.23 0.11 0.31 0.24 Zoning C2 GC C3 CG MU-E CBD Prkg Ratio/1,000 SF 7.60 2.31 5.67 5.28 4.62 4.03 Building: Property Type Retail Retail Retail Retail Office Other Building Size (SF) 7,380 9,090 3,000 13,635 5,200 13,664 Year Built 1963 1963 1952 1999 1975 1953 Condition Average Avg to Good Good Average Good Avg to Good Quality Average Avg to Good Avg to Good Avg to Good Avg to Good Avg to Good Stories One One One One One Two Economics: Occupancy 100% 100% 0% 0% 100% 100% Single/Multiple Single Single Single Single Single Single Occupant Tenant Buyer Future Tenant Future Tenant Buyer Buyer Page 12 of 27 ADJUSTMENTS TO COMPARABLES Post Office,217 N Seacrest Blvd., Boynton Beach, Florida(19-0940E) Sale Status N/A Closed Closed Closed Closed Closed Sale Date N/A Mar-19 Dec-18 Nov-18 Jul-18 May-18 Floor Area Ratio 0.19 0.32 0.23 0.11 0.31 0.24 Parking Ratio 7.60 2.31 5.67 5.28 4.62 4.03 Building Size(SF) 7,380 9,090 3,000 13,635 5,200 13,664 Year Built 1963 1963 1952 1999 1975 1953 Condition Average Avg to Good Good Average Good Avg to Good Quality Average Avg to Good Avg to Good Avg to Good Avg to Good Avg to Good Stories One One One One One Two Unadjusted Price/SF Bldg N/A $270 $278 $165 $288 $220 Transactional Adjs: Market Conditions SIMILAR SIMILAR SIMILAR SIMILAR INFERIOR Adjustment 0% 0% 0% 0% 5% Adjusted Price/SF $270 $278 $165 $288 $231 Property Adjs: Location SUPERIOR SIMILAR INFERIOR INFERIOR SUPERIOR Adjustment -15% 0% 35% 5% -10% Parking Ratio INFERIOR SIMILAR SIMILAR INFERIOR INFERIOR Adjustment 10% 0% 0% 5% 5% Building Size (SF) SIMILAR SMALLER LARGER SIMILAR LARGER Adjustment 0% -10% 5% 0% 5% Year Built/Condition SUPERIOR SUPERIOR SUPERIOR SUPERIOR SIMILAR Adjustment -5% -5% -5% -25% 0% Net Adjustment -10% -15% 35% -15% 0% Adjusted Price/SF N/A $243 $237 $223 $245 $231 Gross Adjustment N/A 30% 15% 45% 35% 25% UNADJUSTED PRICES •• Range Minimum $165 Range Maximum $288 ADJUSTED PRICE STATISTICS Range Minimum $223 Range Maximum $245 Standard Deviation $9 Mean $236 Page 13 of 27 DICOUNTED CASH FLOW ANALYSIS Post Office,217 N Seacrest Blvd., Boynton Beach, Florida(19-0940E) Subject's Base Contract Rent $74,929 $74,929 $74,929 $74,929 Landlord Expenses Insurance -$7,380 -$7,601 -$7,829 -$8,064 Management/Admin @ 3% -$2,248 -$2,248 -$2,248 -$2,248 Net Operating Income $65,301 $65,080 $64,852 $64,617 Prospective Value (Net Sale Proceeds) $1,890,000 Cash F I ows $65,301 $65,080 $64,852 $1,954,617 Conclusions NPV "As is" $ 1,604,442 Rounded $ 1,600,000 Periods per Year 1 Discount Rate: 8.0% Page 14 of 27 MAP OF COMPARABLES Wellington 4041 CD �C1r1� Iri round Sale No. Improved Sale, Geo® Greenacres R2 Lake, Wo &1D 8 2 Atlantis Lantana 111 _ ecr Pro,3,erhp ar� lag�ar7 Aberdeen _..tm roved ! yntoh,,, B X1"1 Im p roved Sale No.7 6 ED X11 Delray Bch Kings, Point 1- ved Sale ore 1 Highland i7 a ch' !.,lar talons at Baca Paton `fission Bay Boca Kaon Page 15 of 27 COMPARABLE 1 7 s lltsdsj t! t irE#. t isi N 6r({Mitt �t i�ti1}Sn�1��d�1' General Data Property Name: Fmr Art Glass Property Type: Retail, Retail Other Address: 440 SE 5th Ave, Delray Beach, Florida 33483 County: Palm Beach Parcel ID: 12-43-46-21-01-002-0020 Legal Description: OSCEOLA PARK LTS 2 THRU 4 (LESS E 5 FT US HWY 1 R/W) & LT 5 (LESS E 5 FT& RTN CRV US HWY 1 R/W) BLK 2 Site Data Site Size: 0.65 acres or 28,377 SF Floor Area Ratio (FAR): 0.32 Zoning: GC Parking Ratio: 2.3 spaces per 1,000 SF Site Remarks: Located on a corner along Federal Hwy just south of the CBD boundary for downtown Delray Beach Building Data Use/Finish: Retail Size SF: 9,090 Year Built: 1963 Condition: Avg to Good Quality: Avg to Good Stories/Floors: ONe Building Remarks: Extensively renovated in 2002. Financial Data Occupancy at Sale: 100% Single/Multiple Single Occupant(s): Owner Page 16 of 27 Sale Data Sale Status: Closed Price: $2,450,000 Price/SF of Building: $269.53 Sale Date: March 2019 O.R. Book-Page: 30501-0695 Grantor: Shield Investment Group, Inc Grantee: 440 SE 5th Ave, LLC Property Rights: Fee simple Financing: 70% LTV via BB&T Marketing Period: 11 months Listing Price at Sale: $2,700,000 Prior Transactions: None in previous three years Verification Source: Todd Wilson, Listing broker, via MLS, Jonathan Whitney, July 2019 (19- 0940E) Sale Remarks: Believed to have been purchased by an owner user. Property consisted of a large open showroom and some office areas. Floor plan was a bit disjointed. Page 17 of 27 COMPARABLE 2 n XV 4211 � r t General Data Property Name: Weiss Memorial Chapel Property Type: Retail, Retail Other 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 Floor Area Ratio (FAR): 0.23 Zoning: C3 Parking Ratio: 5.7 spaces per 1,000 SF AADT (Traffic Count): 33,915 Site Remarks: This is adjacent to the new Town Square Building Data Use/Finish: Funeral Home Size SF: 3,000 Year Built: 1952 Condition: Good Quality: Avg to Good Class: C Stories/Floors: One Financial Data Occupancy at Sale: 0% Single/Multiple Single Occupant(s): Future Tenant Page 18 of 27 Sale Data Sale Status: Closed Price: $835,000 Price/SF of Building: $278.33 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 Listing Price at Sale: $890,000 Prior Transactions: None in the prior three years Verification Source: Gloria Weiss, Rep of Seller, 561-483-9835, Zach Weygandt, February 2019 (19-0203) 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 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. Page 19 of 27 COMPARABLE 3 I P. u General Data Property Name: Walgreens Reposition Property Type: Retail, Retail Other Address: 4998 10th Ave N, Greenacres, Florida 33463 County: Palm Beach Parcel ID: 18-42-44-24-35-001-0000 Legal Description: HAVERHILL SQUARE PL PAR A K/A COMMERCIAL Site Data Site Size: 2.87 acres or 125,163 SF Floor Area Ratio (FAR): 0.11 Zoning: CG Parking Ratio: 5.3 spaces per 1,000 SF AADT (Traffic Count): 22,000 Site Remarks: Signalized corner at 10th Ave N and S Haverhill Rd Building Data Use/Finish: Retail Size SF: 13,635 Year Built: 1999 Condition: Average Quality: Avg to Good Stories/Floors: One Building Remarks: One drive-thru lane located at south side of the building Financial Data Occupancy at Sale: 0% Single/Multiple Single Occupant(s): Future Tenant Net Operating Income: N/A N/A Overall Capitalization Rate: N/A Page 20 of 27 Sale Data Sale Status: Closed Price: $2,250,000 Price/SF of Building: $165.02 Sale Date: November 2018 O.R. Book-Page: 30257/01583 Grantor: Federated Industries, Inc. Grantee: HAVERHILL ROAD REALTY LLC Property Rights: Leased fee Financing: N/A Marketing Period: 0 months Prior Transactions: Has not sold in previous three years. Verification Source: Trey Morgan, buyer, 704-909-4500, Jonathan Whitney, November 2018 (18-1428) Sale Remarks: A vacant Walgreens was purchased by an investor. This property was not listed on the open market. Walgreens had one year remaining on its lease term (at$260,000 in annual rent) and the seller agreed to have remainder of the lease bought-out at a reported cost (in principal) of $110,000, based on 50% of Walgreens remaining rent. The buyer approached the seller directly without a tenant in tow and believed he could acquire a tenant. This price is reported to be market driven. Tenant was secured during the contract period with Senior Medical Centers, a local/regional medical office user, for 10 years, with $40/SF of LL TI, and a base rent of$299,970, or$22/SF NNN. Page 21 of 27 COMPARABLE 4 c ta � =Y 4 General Data Property Name: Palm Beach Recovery Property Type: Office, Office Building Address: 1110 6th Ave S, Lake Worth, Florida 33460 County: Palm Beach Parcel ID: 38-43-44-21-15-179-0210 Legal Description: TOWN OF LAKE WORTH LTS 21 THRU 24 BLK 179 Site Data Site Size: 0.39 acres or 17,001 SF Floor Area Ratio (FAR): 0.31 Zoning: MU-E Parking Ratio: 4.6 spaces per 1,000 SF AADT (Traffic Count): 31,163 Site Remarks: Adjacent to railroad tracks Building Data Use/Finish: Office Size SF: 5,200 Year Built: 1975 Condition: Good Quality: Avg to Good Class: C Stories/Floors: One Building Remarks: The property was previously a drug rehab center and some plumbing fixtures are located throughout the building. The property was rebuilt in 2014 and has 12' clear heights. Page 22 of 27 Financial Data Occupancy at Sale: 100% Single/Multiple Single Occupant(s): Buyer Sale Data Sale Status: Closed Price: $1,500,000 Price/SF of Building: $288.46 Sale Date: July 2018 O.R. Book-Page: 29986-716 Grantor: MAC Group Holdings, LLC Grantee: 1110 6th Avenue South, LLC Property Rights: Fee simple Financing: None recorded Marketing Period: 3 months Listing Price at Sale: $1,900,000 Prior Transactions: Sold for$300,000 in December 2015 Verification Source: James Hicks, listing broker, 561-838-9555, Jonathan Whitney, October 2018 (18-1345) Sale Remarks: Buyer owns a chain of nursery schools and plans to occupy the property. It was reported that this property is relisted for sale at an unknown price. Page 23 of 27 COMPARABLE 5 t , f` r:. r l - � I ii r. tip n General Data Property Name: Congregational United Church Property Type: Assembly-Meeting Place, Religious Facility 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 Floor Area Ratio (FAR): 0.24 Zoning: CBD Parking Ratio: 4.0 spaces per 1,000 SF AADT (Traffic Count): 22,972 Site Remarks: Two parcels separated by a public road one with frontage along N Federal Hwy Building Data Use/Finish: Religious Size SF: 13,664 Year Built: 1953 Condition: Avg to Good Quality: Avg to Good Stories/Floors: Two Building Remarks: Religious facility Financial Data Occupancy at Sale: 100% Single/Multiple Single Occupant(s): Buyer Page 24 of 27 Sale Data Sale Status: Closed Price: $3,000,000 Price/SF of Building: $219.56 Sale Date: May 2018 O.R. Book-Page: 29857/00580 Grantor: Boynton Beach Congregational United Church of Christ Grantee: Boynton Beach Community Redevelopment Agency Property Rights: Fee simple Marketing Period: 0 months Prior Transactions: None in the prior three years Verification Source: Confidential, Zach Weygandt, February 2019 (19-0203) Sale Remarks: Former religious facility that will be used as a library while the downtown Town Square is being redeveloped. Long-term plans are likely for redevelopment; price per SF of land is $53/SF. Market-driven price paid for property, though it was an off-market transaction. 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 and maximum height of 150'. Page 25 of 27 APPRAISER QUALIFICATIONS AND LICENSE JONATHAN D. WHITNEY, MAI � Aucamp, Dellenback&Whitney 1900 NW Corporate Blvd, Suite 215E Boca Raton, FL 33431 jon@adw-appraisers.com 561-609-2884 Professional Experience Aucamp, Dellenback&Whitney, 2003 - Present (16 years) Real Estate Appraisers &Consultants • Principal, 2015 - Present • Commercial Real Estate Appraiser, 2003 - Present 4y` R Jonathan Whitney is known for his extensive knowledge of the South Florida commercial real estate market. He heads the team of seven 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 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, associations, municipalities, and CRAB. 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. Notable recent assignments include: • Lion Country Safari, Loxahatchee (650-acre tourist destination) • Okeechobee Business District, West Palm Beach (10-acre urban district proposed by City) • Prospect Place, West Palm Beach (proposed 9.32-acre mixed-use proposed by Time Equities) • 888 Brickell Ave, Miami(proposed 200,000-SF urban office tower by Mezerhane) • 150 & 151 Worth Ave, Palm Beach (150,000-SF "hi-street"retail, anchored by Saks &Neiman) • New River Yacht Club 11, Ft Lauderdale (proposed 349-unit multifamily tower by Related Group) • Gulfstream Point, Hallandale (proposed 297-unit multifamily tower by Florida East Coast Realty) • Atlantic Crossing, Delray Beach ($300 million urban mixed-use project by Edwards & CDS Intl) • North40, Boca Raton (350,000-SF suburban office buildings held by Mainstreet Capital) • TT Portfolio, Broward County(retail and industrial holdings totaling 480,000 SF) • DH Portfolio, Palm Beach County(office and industrial holdings totaling 520,000 SF) Education Master of Arts in Business, University of Florida, 2000 Bachelor of Science in Economics, University of Florida, 1999 Numerous Education Courses, Appraisal Institute, 2003 - Present (partial list on following page) Page 26 of 27 Activities and Affiliations Florida State-certified General Real Estate Appraiser, RZ 2943, 2006 - Present Florida State-registered Trainee Appraiser, RI 11475, 2003 -2006 Appraisal Institute, 2003- present • Board of Directors, South Florida Chapter, 2018 -2020 • Designated Member(MAI), 2013 - Present • Associate Member, 2004- 2013 Zoning Board of Adjustment, City of Boca Raton, 2013 - 2018 • Vice Chair, 2017- 2018 • Member, 2013 - 2018 NAIOP South Florida Chapter, • Member, 2019— Present Urban Land Institute (ULI) • Associate Member, 2019— Present Commercial Real Estate Development Association (NAIOP) • Member, 2019 - Present Boca Raton Federation of Homeowners (parent association for Boca), 2018 - Present • Executive Board Member, 2018 - Present Boca Raton Chamber of Commerce Member(ADW), 1990s- Present • Leadership Boca, Class of 2016 National Association of Divorce Professionals (NADP) Member, 2017 - Present Boca Raton Downtown Rotary Club Member, 2016- Present • Mayor's Ball Committee Member, 2016 - Present Community Captain, Boca Raton Bowl, 2016 - Present Mentor, Eda & Cliff Viner Community Scholars Foundation, 2016- Present Spanish River Church, 2011 - Present • Elder, Spanish River Church, 2017— Present • Member/Various Leadership Roles, 2011 —Present @IGK 3iQTT.GQV[RNOF JDNAiHAN3AfNEM,SECRJT kir 'et-v STATE OF FLORIDA DEPARTMENT OF BUSINE$S AND PROFESSIONAL REGULATION i \$ FLORIDA t L E, i$AL BD THE CERTIEIEq GEN APP t 'H]ER �iErf�TI'E,EIDUNCARTHE PRTJWISCfl t OF l A#'If 475 Ft�CSFtl `s[ATUT€5 i t4 s3- � !>ffL i y s ERRIRATEgIN[YAlE,��!kM76ER 34,20213 Aicuays verify liceatses Dull ne at MyF lw9daLlcensc.t env Do-t All this doll—int in xw toren O Thts is ya license.It is u Unovful f nyone other than the licensee to use this document. Page 27 of 27 APPRAISAL REPORT Boynton Beach Municipal Building 209 N Seacrest Blvd, Boynton Beach, FL 33435 Market Value: $1,400,000 as of July 11, 2019 t Property Identification: Report Prepared By: Report Prepared For(Client): 209 N Seacrest Blvd,Boynton Beach,FL Jonathan Whitney,MAI,State-Certified General Michael S.Weiner,Esquire 33435 Real Estate Appraiser RZ2943 Sachs Sax Caplan,P.L. Tax Parcel ID(s): 08-43-45-28-10-004-0221 Aucamp,Dellenback&Whitney Appraisers 6111 Broken Sound Pkwy, TaxAssessment:$748,194 2018 1900 NW Corporate Blvd,215 E Suite 200 Annual Tax Amount:$19,009 2018 Boca Raton,FL 33431 Boca Raton,FL 33487 Delinquent Taxes:No 561-998-9326 owner: Boynton Boundless, LLC Ion@)ad °` f'r i'a r com Date of the Re ort:July 26,2419 (File#:19-0940D) • a •- Purpose: To estimate market value in"as is°condition Interest Appraised: Fee simple interest Client: Michael Weiner Intended User The intended user of this report is Michael Weiner and-or assigns Intended Use: The intended use of the report is to provide information for use in making business decisions. Report Format: Appraisal Report(Form) Inspection Date: July 11,2019 Effective Date: July 11,2019 Report Date: July 26,2019 Competency Rule: We had the knowledge and experience necessary to complete this assignment competently at the time of its acceptance. Hypothetical Conditions: None Extraordinary Assumptions None Valuation Approaches: The sales comparison approach provides an estimate of market value based on an analysis of comparable property sales. Other: Jonathan Whitney inspected the readily accessible areas of the subject site and improvements, performed the research and analysis,and wrote this report. Page 1 of 25 = I 111,11 1 111,11 M11i 1111 1 NINE •- Subject Prol2eLty Name: Boynton Beach Municipal Building Address: 209 N Seacrest Blvd,Boynton Beach,FL 33436 Location: Within the municipality of Boynton Beach,Palm Beach County,Florida Legal Description: Lots 23,24,25,26 and 27,and the South 7 feet of Lot 22,Block 4,BOYNTON HEIGHTS,according to the Plat thereof,as recorded in Plat Book 10,Page 64,of the Public Records of Palm Beach County,Florida;LESS the additional right-of-way for Seacrest Boulevard as shown in Road Plat Book 5,Page 182,of the Public Records of Palm Beach County,Florida.(Source:Warranty Deed) Current Owner: Boynton Boundless, LLC Ownership History: No arm's length transactions involving the subject have occurred in the prior three years. Items Received: Leases MarKeJ Data Sources: CoStar Realty(subscription service),LoopNeLcom(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.corn(subscription service),RealtyRates.com(subscription service),Marshall Valuation Service(subscription service),local county property appraiser's records(public records), Circuit Court recordings(public records),and appraisal files in this office Types of Data: Office and retail building sales Geographic Area: Primary:Boynton Beach;secondary:Palm Beach County;tertiary:South Florida Verification: Sales were verified P a art to each transaction,unless otherwise noted. 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 revitalizafion stage of a typical neighborhood life cycle. Boynton Beach Blvd is a four-lane,traffic artery with an interchange with 1-95.Seacrest Boulevard is a collector roadway in the eastern part of the neighborhood.Federal Hwy is the primary north-south thoroughfare.Local streets connect with Boynton Beach Boulevard and Federal Hwy.Overall,the roadway network is good. Most of this neighborhood corridor was developed with single-family homes in the 1940s and 1950s.Some of these buildings have been converted to commercial use by single occupants.Lots are relatively small and most conducive to use by small buildings.The eastern end of the neighborhood was initially developed with some small,lowmintensity 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. • Marine Village along E Ocean Avenue was completed in 2006 with up to 14 floor's of several hundred residential condominium units above 20,000 SF of first floor retail space.Residential units are being listed around$250,000 to$350,000. • The Promenade along N Federal Highway was completed in 2009 with 14 floors of 323 residential condominium units above 19,000 SF of first floor retail space.The loan note on the unsold inventory of approximately 250 units was sold to a prominent South Florida developer,The Related Group.This buyer subsequently took title in a"friendly foreclosure"and changed the name to Casa Costa.These units are being listed around$350,000 and greater. • 500 Ocean is a major new project that has recently completed construction with 341 residential units and 20,000 SF of commercial space at the southwest corner of Federal Highway and E Ocean Avenue.The apartments are renting from$1,500 to$2,500 per month. Boynton Beach's former City Hall is currently being redeveloped into Boynton Beach Town Square.This 16-acre site along the south side of Boynton Beach Boulevard will consist of a large new municipal and cultural complex. The local office market is generally Improving.The price per square foot shows year-over-year increases,though the sales volume for 2016 was the highest in recent years.The median Days-on-Market(DOM)have been less than eight months for the past four years. According to CoStar,Palm Beach County office rents have been increasing(year-over-year)and vacancy has been generally decreasing(year-over-year). • Asking rental rates in Palm Beach County have increased by 1.5%from early 2018 to early 2019,which Is less than recent annual increases. • The vacancy rate in Palm Beach County slightly decreased from 10.0%to 9.9%from early 2018 to early 2019. The subject is located within the Boynton Beach submarket.The following bullet points relate to the subject's submarket: • Quoted rents in the subject submarket are less than the asking rent for Palm Beach County. • Vacancy in the subject's submarket at 8.9%Is less than the average vacancy rate for South Florida. • No new construction is occurring in this submarket. • Year-over-year trends in the subject's submarket of Boynton Beach include the following: o Asking rental rates within the subject's submarket have increased by 3.7%during the past year. o The vacancy rate decreased 1.8%the past year. Page 2 of 25 No arm's length transactions involving the subject have occurred in the prior three years.The subject is not listed for sale on the open market and is not encumbered by a purchase and sale agreement. Bldg Size 6,961 SF Source of Bill Area PAPA Site Size 12,569 SF_ PMpel Office Yr.Built 1961 Current Use Office-retail Rem.Econ.Life 25 years Occupancy(owner vs.tenant %1 100%by tenants Quality Average to Good Zoning C2(Neighborhood Commercial) Condition Good Conformance to Zoning No,grandfathered-in Date of Inspe Property Inspected by Jonathan Whitney FEMA Flood Zone X The subject has a parking ratio of 1.9 spaces per 1,000 SF of building,which is insufficient for its use,though average for the local area;additional public parking is located on public streets.In 1961,the subject was improved with a two-story office building that is currently being used by the City of Boynton Beach(Police and Utility Services)as well as a real estate office,both related to the development across the street from the subject(new municipal complex).The functional utility of the space is below average;the layout is very choppy in areas,and the second floor tenant must travel through the first floor tenants space to reach the stairs.It is best suited for a single occupant as there is multiple interior connection points throughout the space.The subject's roof was significantly repaired in recent years,and 12 years ago,the building underwent a gut renovation;a portion of the second floor was previously used as an apartment.The leases will expire in May and June of 2020,and have renewal options.We estimate renewals are not likely since the new municipal complex will be complete next year,and the subject tenants will vacate.The current annual gross rent is$126,000,or$18.1 O/SF.This rate is similar to market rent for the area,given the low parking ratio. As vacant:The subject property is attractive for development of a residentially-focused mixed-use project,possibly in conjunction with surrounding uses,utilizing the available intensity under an easily secured administrative zoning change to MU-2 or MU-3,which would allow for 40 to 50 units per acre plus a height of 75'.These mixed-use projects appear financially feasible in the local market based on recent nearby developments.The highest and best use is for immediate development of a residentially-focused mixed-use project, with possible assemblage with surrounding uses. As improved:The property is improved with an older commercial building that is[eased to two tenants:the City of Boynton Beach on the first floor and a real estate firm on the second floor.The land value is estimated to be around$35 to$40/SF,which is much less than the value as improved under the fee simple ownership(about$11 O/SF land).The buildings could not be developed as they exist today,based on inadequate parking.An owner user is the most probable purchaser on the subject based on sale trends.The highest and best use as improved is for use of existing office building by a single occupant.However,based on surrounding uses and the available intensity for development per the zoning code,the subject could be assembled and redeveloped. The most probable purchaser is an owner user,based on the sales data.The subject is only leased for the short term and will become available for an owner user within the year. • g 1,ii lom I ii I III lilisi iiii lilim 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.Based on the subject's age,and the difficultly in determining an appropriate deduction for depreciation,this approach is not useful. 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. 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 most probable purchaser is an owner user and rents do not support prices paid by owner users;therefore,this approach is not useful. The final step in the valuation process is reconciliation of the value Indications into final values by analyzing the appropriateness, accuracy and quantity of evidence in each approach. IF V; The sales comparison approach is a method for estimating the subject's value by analyzing sales of similar property.A search of the immediate area provided a sufficient number of useful sales(comparables).The addenda show a map,summary chart,and photographs of these properties.The unadjusted prices are presented with the most relevant unit of comparison:price per building square foot. The unadjusted sale prices range from$145 to$278/SF of building.After adjustments for market conditions,location,parking ratio, FAR,building size,year built/condition,and utility,the sale prices have an adjusted price range of$187 to$209/SF and have a mean of$196/SF.Our analysis indicates a reasonable value is$200/SF,or$1,400,000,rounded.We conclude the sales comparison approach indicates a value in"as is"condition of the fee simple interest is11,400,000. Page 3 of 25 Iiiii Irrilli!III III! igil i 1 11��Irrrrrirrlp�ilrlr 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 subjects 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. Effective Date of Value Interest,AppMlsedAs Is Market Value Ju 1 11,2019 ___Fee simple $1,400,000 Reasonable Ex)osure Time:12 months or =Marketin Time Oginion:12 months or less The most We urchas.er of the subject is an owner user,based on sales of similar roe,irty- None Hill ONE Market value means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale,the buyer and seller each acting prudently and knowledgeably,and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby; 1. Buyer and seller are typically motivated; 2. Both parties are well informed or well advised,and acting in what they consider to be their own best interests; 3. A reasonable time is allowed for exposure to the open market; 4. Payment is made in terms of cash in U.S.dollars or in terms of financial arrangements comparable thereto;and 5. The price represents a normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. Source:12 CFR 34.42w). The in-tended user of this report is Michael Weiner and-or assigns.The intended use is for business decisions. This Appraisal Report conforms to USPAP requirements. 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. ■ I have no present or prospective interest in the property that is the subject of this report,and I have no personal interest with respect to the parties involved. ■ I have no bias with respect to any property that is the subject of this report or to the parties involved with this assignment. ■ My engagement in this assignment was not contingent upon developing or reporting predetermined results,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 provided significant real property appraisal or appraisal consulting assistance to the person signing this certification. ■ As of the date of this report,we have completed the continuing education program of the State of Florida. • As of the date of this report,Jonathan Whitney has completed the continuing education program of the Appraisal Institute. • The undersigned 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. IV-Ile July 26,2019 Jonathan IlVhitney.MAI State-certified General Real Estate AgEraiser RZ2943 Page 4 of 25 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 specded in an agreement for services or In the report.The appraiser reserves the unlimited right to after,amend,revise or rescind any of the statements,findings,opinions,values,estimates or 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 lam,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. 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. Page 5 of 25 NONNI Ii 11 iiiiiiiijilili'lilillll�ll,lllllllll�ililli�ilill'�illililili'il!iiiii�iI iiiiii'llilili 1 11 �Iil IIIIIIIIIIIIEM 1) Subject Photographs 2) Plat/Site Map 3) Comparable Photographs 4) Subject and Comparable Location Map(s) 5) Appraisers Qualifications 6) Co EX of raisers and Impector's State Certification/License Page 6 of 25 SUBJECT PHOTOGRAPHS t yi y, ll E, r 3 I„ c fir . Ilk ' ., r �tirrSt� O ud i. s Facing north along N Seacrest Blvd (subject's south and east elevations shown} TO i l x a i I is E r r 1 l Ik i�'�mrr}�41�-3 T S 4r t t4 S3�y j 1.. ti#k 4€gt a r j xkE kYrfi Rl�r r urs r z 4 .. Z r 5 r S k s k G- 1� `. }t -c d IT a x t tx h d- tr t Facing south along N Seacrest Blvd with subject on the right Page 7 of 25 t , i � 6 �lkA, Open work area w r F I� t.� 't$ Conference room Page 8 of 25 r lS� 41, r„r ll till +r`f Typical restroom i i Hallway Page 9 of 25 SITE MAP (subject is outlined in red) s tv £ Is� kr Y « � yr t h �w Ix lk k � Page 10 of 25 SALES COMPARISON APPROACH SUMMARY OF COMPARABLES Municipality Bldg,209 N Seacreast BIA,Boynton Beach,Florida(19-0940D) MENNEN=I MM83MESEEM ADW Property# 9602 9715 6335 7881 6438 6453 Property Name Municipality Frnr Art Glass Weiss Mernorial N.M.S. Marine Scones Dixie Bldg Bldg Chapel Holdings Address 209 N Seacreast 440 SE 5th Ave 202 E Boynton 12 S Dixie Hwy 805 N Federal 516 N Dixie Hwy Blvd. Beach Blvd Hwy City Boynton Beach Delray Beach Boynton Beach Lake Worth Boynton Beach Lantana Sale: Sale Price N/A $2,450,000 $835,000 $645,000 $360,000 $429,000 Sale Status N/A Closed Closed Closed Closed Closed Marketing Period N/A 11 months 5 months 3 months Not available 2 months Date of Sale N/A Mar-19 Dec-18 Aug-18 Oct-17 Jun-17 Price/SF Bldg NIA $270 $278 $146 $200 $213 Site: Site Size Acres 0.29 0.65 0.30 0.13 0.12 0.13 Site Size SF 12,569 28,377 12,898 5,601 5,436 5,606 Floor Area Ratio 0.55 0.32 0.23 0.80 0.33 0.36 Zoning C2 GC C3 DT C4 C11 Prkg Ratio/1,000 SF 1.90 2.31 5.67 3.36 2.23 2.48 Building: Property Type Office Retail Retail-Office Office Retail-Office Office Building Size(SF) 6,961 9,090 3,000 4,460 1,796 2,018 Year Built 1961 1963 1952 1978 1954 1951 Condition Good Avg to Good Good Good Avg to Good Good Quality Avg to Good Avg to Good Avg to Good Avg to Good Average Avg to Good Stories TWO One One TWO One One Economics: Occupancy 100% 100% 0% 50% 100%® 100% Single/Multiple Multiple Single Single Multiple Single Multiple Occupant Tenants Buyer Future Tenant Boyer Buyer Buyer Page 11 of 25 ADJUSTMENTS TO COMPARABLES; Municipality Bldg,209 N Seacreast Blvd.,Boynton Beach,Florida(19-0940D) 11G � SEEM= Sale Status NIA Closed Closed Closed Closed Closed Sale Date N/A Mar-19 Deo-18 Aug-18 Oct-17 Jun-17 Floor Area Ratio 0.55 0.32 0.23 0.80 0.33 0.36 Parking Ratio 1.90 2.31 5.67 3.36 2.23 2.48 Building Size(SF) 6,961 9,090 3,000 4,460 1,796 2,018 Year Built 1961 1963 1952 1978 1954 1951 Condition Good Avg to Good Good Good Avg to Good Good Quality Avg to Good Avg to Good Avg to Good Avg to Good Average Avg to Good Stories TWO One One Two One One Unadjusted Price/SF Bldg NIA $270 $278 $145 $200 $213 Transactional Adis: Market Conditions SIMILAR SIMILAR SIMILAR INFERIOR INFERIOR Adjustment 0% 0% 0% 10% 10% Adjusted Price/SF $270 $278 $145 $220 $234 Pro pedy-&W Location SUPERIOR SIMILAR INFERIOR INFERIOR 14FERDR Adjustment -10% 0% 15% 10% 5% Parking Ratio SIMILAR SUPERIOR SUPERIOR SIMILAR SIMILAR Adjustment 0% -10% -5% 0% 0% FAR SUPERIOR SUPERIOR INFERIOR SUPERIOR SUPERIOR Adjustment -10% -10% 10% -10% -10% Building Size(SF) SIMILAR SMALLER SIMILAR SMALLER SMALLER Adjustment 0% -5% 0% -10% -10% Year BuIWCondItIon SIMILAR SIMILAR SIMILAR INFERIOR SIMILAR Adjustment 0% 0% 0% 5% 0% Utility SUPERIOR SUPERIOR INFERIOR SIMILAR SUPERIOR Adjustment -5% -5% 10% 0% -5% Net Adjustment -25% -30% 30% -5% -20% Adjusted Price/SF NIA $202 $195 $188 $209 $187 Gross Adjustment N/A 25% 30% 40% 45% 40% UNADJUSTED PRICES Range Minimum $146 Range M $278 ADJUSTED PRICE STATISTICS a. Range Minimum $187 Range Ma)'mum $209 Standard Deviation $10 Mean $196 Page 12 of 25 MAP OF COMPARABLES �za Wake Wort Corridor h � plc ��� 4 # flari1i u a. a".ma lig ' £ }r�( �� r(iri�tl 4) �E}r tr i{i i £ i 'U i rl � � i�sr +Bili Vt � lyrr� uDts, ) {r arJ t1.° lamproved Sale No. 5 t { biap Mt7Vi6 sifAberdeen tit i tiitt�y�lyll�y��ia i 1At iiU£� Sit � �tr3t�rlUirr rbfv lit\1 tsril�l�ll�r�£�i Boynton Sunlley Beach yys� }I,/lil4i,4 4 141\ Sft �`t(4,j�111£{ l}l QC,4'_ f1 i 3 \rjp li i\� rrl tt ��1��1 ttfX ii ySi�r rrrtl=c Indian Spring Country }h Briny ti r li 1 1 .;Sr� lis I rry i+t t£s £1trA nV art Golfdt.1,��'�lrS �r �r�rlt ti��bidrililhr�(i�jlii l(ith��(�ri��lllj�7slSl{�plditr£����ii l�lt��l}rFr�{>l t}> .., �— Slll�r lr�tl�6�ti;f tr���il)s�4��riFh�ilf i;tli���jr����11���r7r t�£'itSiS�l��lS�ill ri�l�h �(Sy� lwai �£}I�rr�rt s�, lhrl>,t�\\i1t�rJ�1�11t r9 r�rrt 5��� 't>>r) Gulf r ' /1sS 1)r� ;ll rtl irtt£rS�i�l4'ls-1 +iR} rr +�1 �S J��; 7i �l££1�hli i t1 c A rr£� i j\yr )i 155 ylr�'} lrA` �q �f stet D �' S i 7r i fil 7 c� r tl I� t - l @ iNltlt irl ,i��r�rrilrt � �ts�i' i�,�lisrlts �slrrr� lrttSr�i) . R)l� .8 —p—r—o e Noi rr High Point h, Page 13 of 25 4 g COMPARABLE 1 t -7,tem - - General Hata Property Name: Fmr Art Glass Property Type: Retail, Retail Other Address: 440 SE 5th Ave, Delray Beach, Florida 33483 County: Palm Beach Parcel ID: 12-43-46-21-01-002-0020 Legal Description: OSCEOLA PARK LTS 2 THRU 4(LESS E 5 FT US HWY 1 < 5(LESS E 5 FT&RTN CV US HWY 1 BLK 2 'Site Data Site Size: 0.65 acres or 28,377 SF Floor Area Ratio(FAR): 0.32 Zoning: GC Parking Ratio: 2.3 spaces per 1,000 SF Site Remarks: Located on a corner along Federal Hwy just south of the CBD boundary for downtown Delray Beach Building Data Use/Finish: Retail Size SF: 9,090 Year Built: 1963 Condition: Avg to Good Quality: Avg to Good Stories/Floors: One Building Remarks: Extensively renovated in 2002. Financial Data Occupancy at Sale: 100% Single/Multiple Single Occupant(s): Owner Page 14 of 25 Sale Data Sale Status: Closed Price: $2,450,000 Price/SF of Building: $269.53 Sale Date: March 2019 O.R. Book-Page: 30501-0695 Grantor: Shield Investment Group, Inc Grantee: 440 SE 5th Ave, LLC Property Rights: Fee simple Financing: 70% LTV via BUT Marketing Period: 11 months Listing Price at Sale: $2,700,000 Prior Transactions: None in previous three years Verification Source: Todd Wilson, Listing broker, via MLS, Jonathan Whitney, July 2019(19- 0940E) Sale Remarks: Believed to have been purchased by an owner user. Property consisted of a large open showroom and some office areas. Floor plan was a bit disjointed. Page 15 of 25 COMPARABLE 2 h 1 F i �b1k _t�'�•- � 'fit^$ General Data Property Name: Weiss Memorial Chapel Property Type: Retail, Retail Other 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 Floor Area Ratio(FAR): 0.23 Zoning: C3 Parking Ratio: 5.7 spaces per 1,000 SF DT(Traffic Count): 33,915 Site Remarks: This is adjacent to the new Town Square Building Data Use/Finish: Funeral Home Size SF: 3,000 Year Built: 1952 Condition: Good Quality: Avg to Good Class: C Stories/Floors: One Financial Data Occupancy at Sale: 0%® Single/Multiple Single Occupant(s): Owner Page 16 of 26 Sale Status: Closed Price: $835,000 Price/SF of Building: $278.33 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: one recorded Marketing Period: 5 months Listing Price at Sale: $890,000 Prior Transactions: one in the prior three years Verification Source: Gloria Weiss, Rep of Seller, 561-483-9835, Zack Weygandt, February 2019 (19-0203) 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 were going to be used, but modified fora 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. Page 17 of 25 COMPARABLE 3 ggI a w � General Data Property Name: N.M.S. Holdings, LLC Property Type: Office, Office Building Address: 12 S Dixie Hwy, Lake Worth, Florida 33460 County: Palm Beach Parcel ID: 38-43-44-21-15-017-0090 Legal Description: TOWN OF LAKE WORTH LOTS 9& 10(LESS W23 FT RD R BLK 17 Site Data Site Size: 0.13 acres or 5,601 SF Floor Area Ratio(FAR): 0.80 Zoning: DT Parking Ratio: 3.4 spaces per 1,000 SF DT(Traffic Count): 16,400 Site Remarks: Parking located in the rear of the building Building Data Use/Finish: Office Size SF: 4,460 Year Built: 1978 Condition: Good Quality: Avg to Good Class: C Stories/Floors: Two Building Remarks: Two-story office bldg built-out for multiple tenants Financial Data Occupancy at Sale: 50% Single/Multiple Multiple Occupant(s): Buyer Page 18 of 25 ...Sale Data Sale Status: Closed Price: $645,000 Price/SF of Building: $144.62 Sale Date: August 2018 O.R. Book-Page: 30122-01293 Grantor: HH 12 South Dixie, LLC Grantee: NMS Holdings, LLC Property Rights: Fee simple Financing: N/A Marketing Period: 3 months Listing Price at Sale: $750,000 Prior Transactions: Sold in October 2015 for$565,000 Verification Source: Todd Everett, listing broker, on-site,Andrew Sperling, June 2018(18- 0834) Sale Remarks: 2 tenants were located on the first floor at time of purchase on month-to- month arrangements while the second floor was vacant. Buyer intends to occupy a portion of the space and lease out the remainder to tenants. A Building Analysis Report indicated the roof, electrical system, HVAC, and apparent water intrusion need immediate replacement or modification.A price amount for these renovations was not listed in the report, however the buyer estimated the price to repair these issues is $50,000,which resulted in a lower purchase price as shown. Page 19 of 25 COMPARABLE 4 r S General Data Property Name: Marine Scenes Property Type: Retail, Retail Other Address: 805 N Federal Hwy, Boynton Beach, Florida 33435 County: Palm Beach Parcel ID: 084345-21-32-001-0170 Legal Description: LAKE ADD TO BOYNTON LT 17(LESS ELY 17 FT N FED BLK 1 &20 FT ABND PT OF ALLEY LYG W OF&ADJ TO Site Data Site Size: 0.12 acres or 5,436 SF Floor Area Ratio(FAR): 0.33 Zoning: C4 Parking Ratio: 2.2 spaces per 1,000 SF DT(Traffic Count): 22,067 Site Remarks: Property is located north of downtown Boynton Beach Building Data Use/Finish: Retail Size SF: 1,796 Year Built: 1954 Condition: Avg to Good Quality: Average Class: C Stories/Floors: One Building Remarks: The size shown includes a 340-SF storage garage. Financial Data Occupancy at Sale: 100% Single/Multiple Single Occupant(s): Buyer Page 20 of 25 Sale Data Sale Status: Closed Price: $360,000 Price/SF of Building: $200.45 Sale Date: October 2017 O.R. Book-Page: 29442-0969 Grantor: Miami Aqua Culture, Inc. Grantee: Seaquatic Holdings, LLC Property Rights: Fee simple Financing: $288,000(80% LTV) by Bank of America Marketing Period: Not available Listing Price at Sale: $395,000 Prior Transactions: None in prior three years Verification Source: Confidential rep of seller, Sarah Brand,August 2017(17-0897) Sale Remarks: Buyer planned to occupy the property. Page 21 of 25 COMPARABLE 5 1 t { t J t } DfI Y t. i General Data Property Name: Dixie Bldg Property Type: Office, Office Address: 516 N Dixie Hwy, Lantana, Florida 33462 County: Palm Beach Parcel ID: 40-43-44-34-07-003-0010 Legal Description: LAKEVIEW MANORS LTS 1 &2 BLK 3 Site Data Site Size: 0.13 acres or 5,606 SF Floor Area Ratio(FAR): 0.36 Zoning: C1 Parking Ratio: 2.5 spaces per 1,000 SF AADT(Traffic Count): 20,549 Site Remarks: Fenced-in storage yard Building Data Use/Finish: Office Size SF: 2,018 Year Built: 1951 Condition: Good Quality: Avg to Good Class: C Stories/Floors: One Building Remarks: Building was divided into two bays and was updated in recent years. Financial Data Occupancy at Sale: 100% Single/Multiple Multiple Occupant(s): Buyer Page 22 of 25 [Sale Data .... _ _ Sale Status: Closed Price: $429,000 Price/SF of Building: $212.59 Sale Date: June 2017 O.R. Book-Page: 29209-172 Grantor: Dixie Management, LLC Grantee: Cerruti Holdings, LLC Property Rights: Fee simple Financing: 51% LTV via private lender Marketing Period: 2 months Listing Price at Sale: $439,000 Prior Transactions: Sold for$250,000 in May 2016 and$180,000 in December 2015 Verification Source: Daniela Amoroso, listing agent,via MLS, 954-461-4002, Sarah Brand, August 2017(17-0968) Sale Remarks: Buyer planned to occupy the property for office use. APPRAISER QUALIFICATIONS AND LICENSE Page 23 of 25 JONATHAN ATHA HIT EY,MAI Aucamp, Dellenback&Whitney 1900 NW Corporate Blvd, Suite 215E Boca Raton, FL 33431 I.on@adw-appraisers.co 561-609-2884 Professional Experience Aucamp, Dellenback&Whitney,2003-Present(16 years) Real Estate Appraisers&Consultants • Principal, 2015-Present • Commercial Real Estate Appraiser, 2003-Present t Jonathan Whitney is known for his extensive knowledge of the South Florida commercial real estate market. He heads the team of seven 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 1 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 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,associations, municipalities,and CRAs. 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. Notable recent assignments include: • Lion Country Safari, Loxahatchee (650-acre tourist destination) • Okeechobee Business District, West Palm Beach(90-acre urban district proposed by City) • Prospect Place, West Palm Beach(proposed 9.32-acre mixed-use proposed by Time Equities) • 888 Brickell Ave, Miami(proposed 200,000-SF urban office tower by ezerhane) 950& 959 Worth Ave, Palm Beach(950,000-SF"hi-street"retail, anchored by Saks&Neiman) • New River Yacht Club 11, Ft Lauderdale(proposed 349-unit multifamily tower by Related Group) Gulfstream Point, Hallandale(proposed 297-unit multifamily tower by Florida East Coast Realty) • Atlantic Crossing, Delray Beach ($300 million urban mixed-use project by Edwards& CDS Intl) • North40, Boca Raton(350,000-SF suburban office buildings held by Mainstreet Capital) • TT Portfolio, Broward County(retail and industrial holdings totaling 480,000 SF) • DH Portfolio, Palm Beach County(office and industrial holdings totaling 520,000 SF) Education Master of Arts in Business, University of Florida, 2000 Bachelor of Science in Economics, University of Florida, 1999 Numerous Education Courses,Appraisal Institute, 2003-Present(partial list on following page) Activities and Affiliations Florida State-certified General Real Estate Appraiser, RZ 2943, 2006-Present Florida State-registered Trainee Appraiser, R111475, 2003-2006 Page 24 of 25 Appraisal Institute,2003-present • Board of Directors, South Florida Chapter, 2018-2020 • Designated Member(MAI), 2013-Present • Associate Member,2004-2013 Zoning Board of Adjustment, City of Boca Raton, 2013-2018 • Vice Chair,2017-2018 • Member,2013-2018 NAIOP South Florida Chapter, • Member, 2019—Present Urban Land Institute(ULI) Associate Member,2019—Present Commercial Real Estate Development Association(NAIOP) • Member, 2019-Present Boca Raton Federation of Homeowners (parent association for Boca), 2018-Present • Executive Board Member, 2018-Present Boca Raton Chamber of Commerce Member(ADW), 1990s-Present Leadership Boca, Class of 2016 National Association of Divorce Professionals(NADP) Member, 2017-Present Boca Raton Downtown Rotary Club Member, 2016-Present • Mayor's Ball Committee Member, 2016-Present Community Captain, Boca Raton Bowl, 2016-Present Mentor, Eda&Cliff Viner Community Scholars Foundation,2016-Present Spanish River Church,2011 -Present • Elder, Spanish River Church, 2017—Present • Member 1 Various Leadership Roles, 2011 —Present STATE OF FLORIDA DEPARTMENT USINESS ANIDPROFESSIOWL REGULATION FLOPIDA SAL BD THECER'F4F3EDe. = CS FiR WiFS C€.6NED UNDER THE j 7 ROMS41W-F $75,FLOROA.STATUTES j W141* Y,J0NATHM 0UGIAS i V0nRAa _ SC 'C:WOUPWR SM 2024 as »aaro.Mb�nwsas>r�oem R26§iYP %6n!rreta*atr T,0 *M.',aYCBGS;.�Plf�M5twm"m a th w�FSR",nmkP,me At a:;Wf�4€C 9tarA Page 25 of 25 UNITED STATES Exercise of Renewal Option lags T c SEIMaC : Facility Name/Location: BOYNTON BEACH-DOWNTOWN STATION (110960-001) 217 N SEACREST BLVD, BOYNTON BEACH, FL 33435-9998 County Palm Beach Lease: H00000100547 To BOYNTON BOUNDLESS PO LLC Certified Mail# 10 SE 1ST AVE STE C 70142120000252080910 DELRAY BEACH,FL 33444-3693 Issuing Office 1300 EVANS AVENUE, SUITE 200 SAN FRANCISCO, CA 94188-8200 Date of Existing Lease: 06/25/2002 The existing Lease was amended by: Amendment No. 001 accepted by the USPS on 01/31/2013 Pursuant to the Lease covering this facility,the Postal Service hereby exercises its option to renew said Lease as follows: Term: 5 Years From (Date):02/01/2018 To(Date):01/31/2023 Annual Rate: $74,929.00 In all other respects,the said Lease shall remain the same and is hereby confirmed. Remarks Thank you for providing this space to the Postal Service. Date Name of Contradjnq6'Fcer Signature 05/27/2016 Laureen Yarakido Renewalopt 01/2005 56--I -cskfiv S Exercise o Renewal tion �� �:s�l� r Option Facility Na &ocaWn: BOYNTON BEACH-DOWNTOWN STATION (110W-001) 217 N SEACREST BLVD, BOYNTON BEACH, FL 33435-9998 County Palm Beach Leas¢: 1-10000010054 7 To BOYNTON BOUNDLE=SS PO LLC ertifled Mail 10 SE 1ST AVE SrE C DELRAY BELCH.FL 33444-369:1 7005182000794197938 Issuing Office F GRIFFIN ROAD NORTH WINDSOR,CT 06006-0300 Date of Existing Lease: 06;2512002 The existing Lease was amended by. Amendment No. 001 accepted by the USPS on 01/3112013 Pur l.lant to the Lease covering this facility, the Postal Service hereby exercises its option to renew said Lease as follows: Terra: b Years From (Date):02101/2013 To(Date):01131/2018 Annual Rate. $70,36C.OG !n all other respects, the said Lease shall remain the same and is hereby confirmed Remarks Name or Oifiner Sgnalr3fe �' i 11iGQ!2? -2 Michael Laverdiere r a Renes 01/30/2013 16;0.2 5512726831 RTPB 9 WEINER PAGE' 02/0-5 1"3 1T1=`D STAB . posyit 57FI?ViC, Lease Amendment Feaeaty?*r0ejloCA'W DOWNTOWN STATION(1109 M01) Amendment No 001 217 N SEACREST SI VO, BOYNTON BEACH, FL33435-9998 Lease:1-100000100547 This refers to the Lease accepted by the United States Postal Service,he(elneffer called the Postal Service, under date nt O 5)2002 ,whereby there is Imed to the PostalService tho above-described facility. WHE=REAS; the Posta Service desires and Landlord is willing to amend the Lease as specified below, NOW THEREFORE.to consideration of the mutual Covenants and agreements heroin set forth, and for other good and vNuabld cons iderafildr.,the sufficiency of whiCh is hereby acknowledged,the parties do hereby agree as folloous, effective, on the date;his document is executed by the Postal Service, With the signing of ftLease Amendment,the Landlord accepts We Postal Service exerbse of the first Renewal Option In all other respects, the Lease sheil remain the same and is hereby confirmed, FaLnra'y 2004 01/30/2013 !G:32 561272b631 RTF!18 Z WETHER PAGE 0.3/05 _ r UNITEDST", 5 Least? Amendment - 1'C)SM.f.SERVE: EXECUTED BY LAN[%1_i7RD this" sly day of �q'n lt0.r t del , CORPORATION THE VALLEY LANCE CORPORATION 3a cuaacutrng This l•aa�AnxnLnlCYrl.Lantlltxd�ttifiaa ttiai i.esgdlord Is ntlt a USP5+;m97bylte�°gXtPrael errlp±oyee{or an immttrl�a!A f'rn,ly mamba! of e1w)-or a buslnrss W7.4niraudn eub6territtally owned or controlled by a LISPS emptayee or wnt m:I ernptayee(or an Immediate family member of 8?her} Name&Title V W41(M GILMAN.I'PESIDENT Nam 3 �OLIVE F GILMAN.TREA5URER Nain,%&Tltto Name d Tale Ndrnn A Titic Name_Z Title I.Andi-rd.Narrr. RO`dN`OW BOU1,0LESS Pry LLC e-metl rnwad:*a ronetaw.c i ,end rddreas 01--i-RAY BEACH.FL Z4i»y, J3add•2G3d Landlord,T9itrhone rnumlutr(s)l (561)zss-2f;66 PAX: �• ['Z�2'�o d 4--- SoaNl Security t+ka or t+ o5vuI Taic Idenlif"ton Na xx=y,2"1 �1 e'-Z"n' ,] Whervu ttic m!Io"d 4 a corf}or4lo#%laagas and leave wrie wm8ri%antered Into must have the C6rgA7rdta Seal afrrxad ar an pwA irerreof Inn slalamont that Ina or uvaW has no sea: 0 vvt,ere the Landlord h a OM"iOn.AvoliG10.el OXWO110n.Ma.Drofft. aMA,M fraternal onder of toeLbiy,tht Lita9®Amendment mull be ar r.ied by documentary ' G-o affimllnp IM a ty of fiuy,gaant,or cage nts,tg ericcute Oe lease Ams r omr ,M to grind Itl cvrpW- Gn, munfclpal corporation.n6r ptofii organw,00,of Internal orde b?Wiety for wNch h®(or shay)pirr:oils to act. The usual erooan p r-.1,irev t e-,tablish stwh puthorltl Is In the form of extracts from Ow artI ,Of In ration,or bylaws.or N minutes of the board v4 directors dully rem ON-IM N the r;usfcod.3e,of weal r es" ,ter the ec porala cwt. Sixh%ratvSiw�s,ti rn t rw�� s U:+Hoyt Gw+lafai low ss r,+rr..slr v;a l a sr4 Gd n'9;n tt :,nae&t rnenUnrGril, Tre nr,srntts ant;t M6,11 f119ps of the offlmrs wha nm aushenrl:vd to won thio l.aa unP s n76tnl tnsrsl--appear m the dovimertt c Any nobto Land+wet ptowded under rNs L Am nl ce under sny(aww repuIsUon rrwst be In wdUng arxl submRted to t.anoford at the address.tpodftd above,or at an r dcv!*that Landlord has olharMaB a directed Mr writing My noce to the Po;lal SoMce pro vr.6er this Leap,Amemd t ry uM&r any few Yor tequl must N In wrtift and su®m fa"COMMOIrvy 0fricor U 5 Pastel Sersi o`at the iddrftx w fled below,oral an nddm&c ihat the Putti ywviyo tsps olherwl &reeled In writing, ACCEPTANC' !•THE PQST"AI.SERVICE Date Mki :aei ldaw:rdieie 'f ar a t t 5 Cerr�tr�;..tn9 C�'tk.ef rxrytrJrc Gf,.orttr;atts`�x" Prrc�r .._ Northeast FSO 6 GRIFFIN'I AD NQRT WINDSOR.CT 6:8UN-MOD hddrw.ss 4t Ctntracl.ny C7irtrrde -- cig..nWe Par ICcsr 21.na WAU "l. Holum lo!lontlose seal-nddressad slnmpad envOopa) 1111111NBill M1011111111 07/16/2002 08:21:27 20020361291 OR BH 13916 PG 0979 Palo Reach loun$y, Florida t!lV1TEdSTt1"ES rocsal ICC Lease Fedllsyhkmariacs:�t DDYWON 13EACH - DOIMMOWN STATION 1110960ro01) PALM BEACH COUNTY 717 N SEACREST BLVD BOYNTON BEACH, FI, 33435,4011 Project; H09364 This LEASE,made and entered Into by and between THE VALLEY LAND CORP hereinafter called the Lessor;and the United Stales Postal Service,herelnallercalled the Postal Service; In considaralign of the mutual promises set forth and:lor other good and valuable consideration,the sufficiency of which is hereby acknpwlodged,the parties covenant and agree-as follows: 1. The i,ossor hereby losses to the Postal Service and-the Postel Ssrvlce lessan from the Lessor the lolrcwlng premises,herelpaller legally dascrlbad in paragraph 9,In oceordance with the farms and conditions described horoln and contained IO the'Gonoral Condlllons to U,S.Postai Survrlce Lease.`Section R,attached haroto and made a part hersol. Upon which Is a one-:tory masonry building and which proparty contains areas,spaces,Improvements, and appurtenances aft follows: AREA $Q.FEET AREA Sia.FEET Not Floor Space 7,20-9 Joint UeefCommon Areas: Platform 61s Parking and Maneuvering 29,G06 Other. Driveway Landscaping 684 Sidewalks. 1,203 Tote)Silo Area; 30M 39,393 P. RENTAL: The Poptal Service will pay the Lessor an annual rental of l s 63,33 0.00 • Fiaty-Three Thousand Three Hundred Thirty and:00/100 Dollars-' payabfe In equal Insittlt ents at the end of each calendar month. Rent for a part of a month will be prorated. Rent checks shall be dlaborsed as follows: payable lo: THE VALLEY f.ANO CORD 220 HOLT/ fait STE.27 WHITE 91y9pSCT VT 05001-2015 unless IfIq pprilroalIng PIllcor Is notified,In writing by Lessor.of any change In payee or address at least sixty(60)days Warp SIM effective lute of Iho change. a. TO HAVE AND TQ HQW the said pramlees wJlh their appurtonanees: FIXED TERM; The term beginning Fob 01, 2003 and ending Jan 31, 2013 for a total of 10 years. .IMTED,"a7"J.LTES BuOK 13316 RAGE' tl9S0 sr svc !.ease 4. RENEWALOPTIONS: The Lease may be renew ed at the option of th7and or the following separate and consecutive terms and at the following RHNLW].L EFFECTIVE EXPXMATZON PER ANNUM OPTION DATE DATE REATAL 1 2/1/2013 1/31/2018 $70,360.00 2 2/1/2016 1/31/2023 $74,924.00 provided that notice is sent, in writing, to the Lessor at lee end of the original lease term and each renewal term. All ot conditions of this Lease will remain the same during any renewal term unless stated otherwise herein. S. TERMINATION: This Lease may not be tezmi.nated during the .Fixed term, except fom cause Dursuant to the general conditions or any riders or addendurais or other attachments made part of this lease. After the fixed term, this Lease may be terminated, parsuank to this paragraph by the Postal Service upon 60 daye Written notice to the Lastor. S. UTiL)TIES,SEFMCES,AND EQUIPMENT:Lessor,as part of the renlsf conslderallon,shall furnish the following "'fides,S9r4+MS and squipmenk des r asssar Qb1foulloras of(3nrwM10ol1Mtons(A 94)nnd1n' for d*ldnitsrmj.) Heating System, Air Conditioning Equipment, Light Fixturas, Sewerage System, 1 Elect:ziral System, Water system. 7. OTHER PROVISIONS:The following addlllonal provfslons,mcdlllcatfons;riders,layouts andlor forms were agreed upon prior to exerautian and made a pact hereof. naintenance Rider - USPS' 1151-1), Reimbursement Tac Rider/9e (T-1), USPS to pay recurring separately metered utility charges. Lessor to have leasB recorded at no expense to USPS. Mortgagee's Agreement and Designation of Emergency Repair Personnel are attached and made a part of :his contract. S. The undersigned has completed the'Representallons and Certlf(caflons;(See Section B). 9. LEGAL DESCRIPTION: Lents 9, 10, 11, 12, 13, 14, 15. 26, excepting Chat portion being talaen for street 91ideningn and bots 17, 1B, 19, 20, 21, and the northerly 113 feet of Lot 22, ertapting that part taken for street widenings of Block. 4, Boynton Heights Subdivisions, according to Che Plat thereof on File in the office of the Clerk of the Circuit in and .or Palm Seaeh County, Florida, recorded in Plat Bonk 10, page 44, situated in FLORIDA BOYNTDM BEACH, PA1.ti1 BEACH COUNTY, i AE, NZ2,Juno 10139I 2 i P0ST21L SERVICE- EXECUTED BY LESSOR this -Rq'Lday of CORPORATION I HE I/ALLEY LAND CORPORATIO14(a Vermont Corporation) Affix Corporate Seal FRANK 19 GILL:W, PRZSI.DEt€r Print Narnz&Tftle SighaFura OLIVE F. GILIIAN, TREASURER r . PtoI Name&Tftfe Signature Print Name&Thla Signature Prinl Name&Title Signature Print Nema&Title Signature Print Name&TlOa Signature 'rint Name&Tide Signawre Print Name&Tide Signature Lessor,Address: THE VALLEY LAND CORP 220 HOLIDAY DR STE 27 ITHITE RIVER JCT VT 05001-2015 Telephone No: (802)295-3358 axpayerID: 03-000'35 ACCEPTANCE BY THE POSTAL SERVICE Date: Oa JODY SLOAN CDnlracilng Officer Signature a C MclIng. Cer ATLANTA FSO QL 4000 DEKALH TECH PKWY 300 ATLANTA GA 30340-2799 Address of Contracting Officer i _FUSE (v2.2•June 1999) 3 i i UIVITEDSTATES Form of Acknowledgment 1�t7 T JI-SER.VICE. for Corporations STATE of r lV COUNTY OF , Pers ally appeared before me,a Notary Public in and for the County and Slate aforesaid, • ,,,_...^, and (Name of authorized offfcer(s)signing lease) who Is/are known to me to be the !_ and lit stu-t r (Titles of ollicer(s)signing lease) of the 1 and (Name of Corpora �,n) to be the same person(s)who executed the foregoing lease,who depose(s)and say that said person(s)know(s)the seal of the said corporation,that the seal affixed to the above instrument is the seal of said corporation,and that it was affixed, and that said person(s)signed this lease by the authority of the said corporation,for the purposes set forth, and as said person(s)own free and voluntary act. jone at in the County and State aforesaid, this day of NOTARIAL SEAL r [' lary Public Y commission expires NOTE: If the corporatlon Is without a seal,that portion of the acknowledgment referring to a seal should be stricken out,and on the blanit line following this statement should be made:*and that the said corporation has no corporate seal.' i C (Nov 97,v2.0.P) ' - i ) 1 U.S. POSTAL SERVICE Facilities Department Form of Acknowledgment for Contracting Officer UNDW STATE OF GEORGIA COUNTY OF DEKALB Personally appeared before me, a Notary Public in and for the County/Parish and State aforesaid, JODY B. SLOAN known to be the Contracting Officer Facilities Service Office, USPS B,Idg 300- Suite 300 4000 DeKalb Technology Parkway Atlanta GA 30340-2799 and to be the same person who executed the foregoing document, who deposes and says that he signed his name thereto, by authority of said Postal Service, for the purposes set forth, and as his own free and voluntary act. Witness my hand and notarial seal, in the County/Parish and State aforesaid, this, r _day of -UA-d- , 2002. NOTARIAL SEAL A n Y<All—6�m Suzanne Willi ms Bistline Notary Public My commission expires June 4, 2004. i t July 1991 1 UNITEDs' rrs General Conditions to ASP'S Lease 1 Fc STAL SERVICE- r SECTION A law or regulalion must be In writing and may be hand delivaied nr mailed, addressed to "Contracting Officer, U.S. Postal Service"at the address A.1 CHOICE OP LAW specified on page 3 of the Lease, or at an address that the Postal Service has otherwise directed In wriling. This Lease shall be governed by federal law. A.4 MORTGAGEE'S AGREEMENT A.2 DEFINITIONS if there is now or will be a mortgage on the property which Is or will be As used in this contract, the following terms have the following recorded prior to the recording of the Lease, the offeror must notify the meanings: contracting officer of the facts concerning such mortgage and,unless In his sole discretion the contracting officer waives the requirement, the a. 'Contracting officer" means the person executing Ws contract aro offeror must furnish a Mortgagee's Agreement,which will consent to this behalf of the Postal Service,and any outer employee who Is a ploperly Lease and shelf provide that, in the event of lareclosura, mortgagee, authorized contracting officer; the term Includes, except as otherwise successors,and assigns shall cause such foreclosures to be subject to provided in the contract„the authorized representative of a contracting the Leas, officer acting wllhin the limits of the authority conferred upon that person. b. "Successluf offeror,''olleror,'`owner", "contractor,"at'Lessor"are A.5 EQUAL OPPORTUNITY Inlerchongnable and refer to the party whose proposal Is accepted by the a. The contractor may not discriminate against employees or applicants Postal Servlce. because of race,color,religion,sex,or national origin. The contractor c. 'Laase" and "agmearaent' are inletchangeablo and refer to Chits will take affirmative action to ensure that applicants are employed,and document,including all riders and attachments lhereto. that employees are treated during employment,without regard to race, calor,religion,sex,or national origin, This action must include,but not A.3 EXECUTION REQUIREMENTS be limited to,employment,upgrading,damollon,or transler, recruitment or recruitment advertising; layoff or termination; rales of pay or other a. All co-owners and all other persons having or to have a legal Interest harms of compensation; and selection for training, including In the property must execute the Lease. if the offeror Is married, the apprenticeship. The contractor agrees to post in conspicuous places, husband or wife of the offeror must also execute the Lease. The offaror avaltable to employees and applicants, notices provided by the most submit adequate evidence of 1111e. contracting officer setting forth the provisions of this clause. b. lithe olleror is a general partnership,each member must sign. b, The contractor must. In all solicitations or advarilsemenls for employees placed by It or on Its behalf,state that all qualified applicants c. If the offeror is a limited partnership,all general partners must sign. will be considered for employment without regard to rare,calor,religion, sex'or national origin, where the offeror Is an administrator or an executor of an estate, ire must be rumished a carlilicate of the clerk of the court or ceriJfred c. The contractor must sand to each union or tvorkars'tepresentaiive -ipy al the court order showing the appointment of the odinfnlstrafor or with which the contractor Itas a collective bargaining agreement or ether executor.together with a cmrtiflad copy of the will of the deceased, If understanding,a notice,provided by the conlracting officer,advising the there is nes 'will, of In the event the will of the deceased does not union or workers'representtailve of the contractor's commitments under specifically authorize the administrator or the executor to enter Into a this clause, and must post copies of the nollea In conspicuous places contract to lease iho proposed quarters,It will generally be necessary to available to employees and applicants. furnish, in addillon to the shrive named Items, a certified copy at the court order aulhoilzing such administrator or executor to enter Into a d, The Contractor must comply with all provlsfons of Executive Order lease with the Postal Service. (EO) 11246 of September 24, 1965, as amended, and of the rules, regulations„and relevant orders of the Secretary of Labor. e. Where the offeror Is a trustee. a certified copy of the instrument a Tile romCtactrr must furnish all Information and reports required b creating the trust must be fumished together with any other evidence p eq y necessary to establish the Iruslee's authority to tease. the Executive order, end by the rules, regulations, and orders of the Secretary,and must permit access to the contractor's books, recotds, 1. Where the offeror Is a corporation, leases and lease agreements and accounts by the Postal Service and the Secrelary for purposes of entered Into must have the corporate seal affixed or in place thereof the Invesitgalton to ascertain compliance w0h U1ese rules, lagulat&ons,and statement that the corporation has no seal. orders. g. Where the offeror Is a corporation, municipal corporation, fraternal L 11 Cho contractor falls to comply vfilh this clause or with any of Ilia order or society, the Lease must be accompanled by documentary said rules, regulations, fir orders, Ihls contract may be canceled, evidence allfrming the authority of the agent,or agents, to execute the terminated, or suspended', in whole or in part, Ito, contracloi may be Lease to bind the municipal corporation, fraternal order or society for d'aclared Ineligible for further contracts fi't acoordatnce with the Executive which he (or they) purports to act. The usual evidence required to order;and other sanctions may be Imposed and remedles Invoked under establish such authority Is in the form of extracts from the articles of the FrXecutiva order,or by title,regulation, or order Of the Secretary,at incorporation, or bylaws, or the minutes of the board of dlraclars duly as othatvrlss provided by lave, certified by the custodian of such records, under the corporate seal. Such resolutions,when required,must contain the essential stipulations g'• The contractor must insert this Clause,Including this patag}raph g,In embodied in the Lease. The names and ofifctal titles of the ol0cers who ail subconiracts or purchase orders undar this cantraci unless exempted are outhorized to sign the Lease must appear In the document. by Secretary of Labor rules, regulations, or orders issued under the Executive order. The contractor muni talie such actlan with respect to h. Notices. Any notice to Lessor provided under this Lease or under any such subcontract or purchase order as the Postal Service may direct any law or regulation must be in writing and may be hand delivered or as a means of enforcing the terms and candlflons of this clause mailed to Lessor at the address specified on page 3 of the Lease, or at (Including sanctions lot noncompliance), provided, hn,vever, ilial if the an address that Lessor has otherwise appropriately directed in writing, contractor becomes Involved in, or is Ihreaienad with, Iltlrgafion as a Any notice to the Postal Service provided under this Lease or under any S (v2.2,June 1999) A-1 - I I' UIVt3'EDSTATES General Conditions to USPS Lease result, the contractor may request the Postal Service to enter into the written notice of the assignment or reassignment, logelher with.a true litigation to protect the interests of The Postal Service. copy of the instrument of assignment,is filed with: h. Disputes under this clause will be governed by the procedures in 41 1.The contracting officer, CFR 66-1.1. 2.The surety or surelles upon any bond;and A.6 FACILITIES NONDISCRIM)NA7110N 3. The office, It any, designated to make payment, and the contracting officer has acknowledged the assignment in writing. a. As used In title clause, the term 'tacitly means stores, shops, resiauranls, cafeterias, restrooms, and any other facility of a public b. Assignment of this contract or any Interest In this contract other than nature in the building In which the space covered by Ihls Lease Is In accordance with the provisions of this clause will be grounds for located, termination of the contract Icer dolaull at the option of the Posted Service. b. The Lessor agrees that he will not discriminale by segregation or c. Nothing conle)ned herein shall be construed so as to prohibit transfer elhenvisa against any person or persons because or race,religion,color, of ownership of the demised premises,provided that:1.such transfer is age,scat or national origin in furnishing,or by refusing to lumish,to such subject to this agreement; and 2. both the original lessor and the person or parsons the use of any facility Including any and all services, successor lessor execute the standard Lease Assignment and privileges,acoornmodatlans,and aclivlsies provided thereby. Assumption form to be provided by the USPS Contracting Officer. c, Ii Is agreed that the Lessor's noncompilance with the provisions of A.10 COMPLIANCE WITH OSHA STANDARDS this clause shall constitute a malarlal broach of this Leese. In tsa event of such noncompliance,the Postal Service may take appropriate action The Lessor must (1) comply with applicable Occupational Safety and to enforce compliance, may terminate this tense,or may pursue such Health Standards, 011e 29 Code of Federal Regulations, Part 1910, other remadias as may be provided by law. In the avant of termination, promulgated pursuant to the authority of the Occupational Safely and the Lessor shall be liable for all excel,casts of the Postal ervlce In Health Act or 1970; (li)comply with any other applicable federal,slate, acquiring substitute space,Including but not limited to the cost of moving or local regulation governing workplace safety to the extent they are not to such space. In conflict with(1);and(II)take all other proper precautions to protect the health and safety of (a) any laborer or mechanic employed by the if. The Lessor agrees to include, or to require the Inclusion of the Lessor In performance of this agreement, (b)Postal Service employees, foregoing provisions of this clause(will'ti's terms`Lissa#'and"Leaso" and (c) the public, The Lessor must Include this clause In all appropriately modtiled) In every agreement or concesslon pursuant to subcontracts hereunder and to require its Inclusion in all subcontracts of which any person other than the Lessor operates or has the right to a lower Ifer, The tern'`Lessor"as used In this clause in any subcontract opereie any faclfity. Thr,Lessor also ogress that II will take sucb'rlclion must be deemed Io refer to the subcontractor. res pact to any such agreement as the Postal Service may direct as I ins of enforcing this clause,Including but not limited to termination A.11 EXAMINATION OF RECORDS re agreement or concession. a. The Postal Service and Its authorized representatives will,until three A7 RESERVED years after Mal payment under this contract, or for any shorter period specified for particular records,have access to and the right to ermine any directly pertinent boalss,docu mranls,papers,or other records of the A.S CONTINGENT FEES contractor Involving transactions related to this contract. a. The contractor warrants that no person or selling agency has been b. The contractor agrees to include In all subcontracts under this employed or retained to saiioii or obtain this contract for a commission, contract a provision to the effect that the Postal Service and its percentage,brokerage,or contingent tea,excapl bona title employees or authorized reprnsentattvas will, until three years after final payment bona fide,established commercial or selling agencies employed by ft under the subcontract,of for any shorlor specified period for particular contractor lot the purpose of oblalning business, records,have access to and the right to examine any directly pertinent b. For breach or violation of this warranty, the Postal Service has the books, documents, papers, or other records of the subcontractor right to annul this contract wllhoul liability or to deduct from the contract Involving transactions related to the subcontract. The terra"subconlract• Price or otherwise raeovar' the full amount of the commission, as used In this clause excludes: percentage,brokerage fee,or contingent lee. 1. Purchase orders-,and c_ Licensed real estate agents or brokers having listings on property for 2. Subcontracts for public utility services at rates established for renl, in accordance with general business practice, and who have not unllorm applicablllty to the general public. obtained such licenses for the sole purpose of effecting[his lease,may be considered as bona ride employees or agencies within the exceplion contained in this clause. A.12 YEAR 2060 WARRANTY(REAL PROPERTY CONTRACTS) The contractor warrants that all building systems required under this ' A.9 ASSIGNMENT OF CLAIMS contract (Including, but not limited to, HVAC, elactrtcal, tighling, alavalor, or security/Warm systems) which contain or are managed, a. If this contract provides for payments aggregating$10,O1)d or more, governed, or regulated In any nlanner• by dale-senslllve computer claims for moneys due or to become due from the Postal Service under hardware or sallware will sutler no lalturo,Irregufailly,or Interruption of II may be assigned to a bank, trust company, or other financing servlce based on failure accurately to process dale data from,Into,and Institution,including any federal lending agency, and may Iherealler be between the twentieth and hvenly-first centur€es, including recognizing furtherrassigned and reassigned to any such institution, Any assignment the year 29110 as a leap year. For breach of this warrunly, the Postai or reassignment must cover all amounts payable and must not be made Service may rerfu ra the contractor to rapair or replace these portions of lc more than one party,except that assignment or reassignment may be any bullding system not performl ng as slated above. made to one party as agent or trustee for Not or more parties fparticipating In financing this contract. No assignment or reassignment The Postal Service may anfoma this clause prior to January l,'2000,if will be recognized as valid and binding upon the Postal Sery€ce Unless a testing of any system before,that date results In a faltura,irregularity,or i (v2.2,June 1999) A-2 fJNt •ED STATES General Conditions to USPS (Lease f�05'T�iL SERVICt inlenuplion of service as described above. Accordingly, systems must 2. The dale payment otherwise would be due, it that date is later, permit user-ptogrammed dale changes sulficlent to Simulate lime until the date of payment. pariods beginning wiUa any future date, irtcludmtp without limitation I Simple interest on claims will be aid at a rale determined in December 31 1099.Nothing in this warranty may be construed to limit P P any riglsls or remedies the Postal Service may olhenvise have under Ilais accordance with the Interest clause, contract with regard to Year 2000 compliance or any olhar defects or I. The ctantroctor must proceed dfililwilly with performance of this failures. contract,pending final resoitillon of any request for relief,claim,appeal, or action arising under the contract,and comply with any dectsfort of the contracting officer. A.13 CLAIMS AND DISPUTES a. This contract IS subject to the Contract Disputes Act of 1976 (41 A.14 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS U.S.C,bol-613)("the Act"). The following clause Is applicable If this contract provides for payments b. Except as provided In the Act,all disputes arising under or relaling to aggregating 52,500 or more. this contract must be resolved under this clause. a. The contractor may not discriminate against any employee or c "Claim"as used In this clause,means a written demand or written applicant because of physical or mental handicap, In. regard to any assetifon by one of the contracting parties seeldng,as a matter of right, position for which the employee or applicant is qualllled.The contractor the payment of money In a sum certain the adjustment or Interpretation agrees to take affirmative action to employ,advance in employment,and at contract terms or other relief arising under or relating to this conlr=L otherwise treat qualified handicapped individuals without discrimination In Hovmver,a ivd1lan demand orvvittan assertion by Ute contractorseelring all employment practices,such as employment,upgrading,demotion or thta payment of money exceeding 5700,000 Is net a claim under the Act transfer, recruitment, advertising, layoff or termination, rates of pay or unlit confled as required by subparagraph d.2 below. A voucher, rather forms of compensation, and selection for !raining (Including invoice,or other routine request for payment Met is not In dispute when apprenticeship). submitted Is not a claim under the Act. The submission may be b. The contractor agrees to comply with the rules, regulations, and converted IQ a claim udder the Act by complying with the submission and relevant orders of the Secretary eF Labor Issued pursuant to the oerilicaalicn requiramenls Of this clause, if It is disputed either as to r ehabUt orad rs el the a amended. liability of amount or 1,not acted upon In a reasonable Orne. c. In the event of the contractor's noncompliance with this clause, d. action may be taken In accordance wllh the rules and regulations and to a co rat by vise contractor a must 4e made In A claim and the Postal relevant orders of the Secretary of Labor. Isr the contracting officer for a wdttera decision- A claim lay lhr�Postal Servica against the contractor Is subject to a written decision by the d. The contractor agrees to post In conspicuous places, available to :ontracting officer. employees and applicants, notices In a form to be prescribed by the Director,Office of Federal Contract Compliance Programs,provided by 2, For contractor claims exceeding$100,000. the contractor must or through the contracting officer. These notices state the contractor's submit with the claim the foflowing cerliflr afkrn= obligation under the law to take affirmative action to employ and advance "I certify that tftrt elalm Is made In gra©d faith,that the supporting in employment quallned handicapped employees and applicants,and the j data are accurate and complete to the best of my knowledge and rights of applicants and employees. beget,Uaat the amount raquested accurately reflects the contract e. The contractor must notify,each union or workers representative with adjulment for which,the contractor believes the Postai ararvice which It has a collective bargaining agreement or other understanding is liable, and that I am duly euf7irarized to certify the claim on that the contractor Is bound by the terms of section 503 of the Act and Is bahalf of the contractor." committed to taking affirmative action to employ, and advance in 3. The carlificalfon may be axe cuiad by any person duly authorized employment,handicapped individuals. to bind the contractor with raspacito the claire' , f. The conuaclor must Include this clause In every subcontract or a. For contractor claims of $10D,000 or less, the contracting officer purchase order over$2,500 under this contract unless exempted by must,9 requested in writing by the contractor,render a decision wkhin 60 rules,regulations,or orders of the Secretary issued pursuant W section days of the request. For conlraclor-certillerf claims over$101),000, the 503 of the Act,so Its provisions will be binding upon each subcontractor. contracting officer roust, within W days, dealda the claim at nolf� the or vendor. The contractor must take such acllon with respect to any contractor of the dais by which the decision will be made. subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce In these 1. The contracting officers decislon is final unless the contractor provisions,including action for noncompliance. appeals or[Iles a suit as provided In the Act A,15 AFFIRMATIVE ACTION FOR DISABLED VETERANS AND g. When a ctatm Is submitted by cr against a erarilraclor,the partles by VETERANS OF THE VIETNAM ERA mutual consent may agree to use an altemative dispute resolution(ADR) process to assist in resolving Me claim. A cadilloallon as described in If this contract provides for payments aggregating 510,000 or more, the d(2)of Utls Clause must he provided for any claim,regardless of dollar following clause Is applicable, amount,before ADR Is used. a. The contractor may not discriminate against any employee or h.. The Postal Service will pay Interest an the amount found due and applicant because that employee or applicant is a disabled veteran or unpaid from: veteran of the Vietnam era, In regard to any position for which Ilse employee or applicant Is qualified. The contractor agrees to take 1. The date the contracting officer receives the claim (properly affirmative action to employ, advance In employment, and clhenvlse certified it required);or treat qualified disabled veterans and veterans of the Vietnam era wilhoul discrimination in all employment practices, such as employment, upgrading, demollon or transfer, recruitment, advertising, layoll or 45 (v2.2,June 1999) A'3 Il I lrrll�-EDsrr,�_ General Conditions to USPS Lease POSTM SERVICE_ termination,rates of pay or other forms a1 compensation,and selection g. The conlracler agrees to comply with she rules, regulations, and far training(Including apprenticeship). relevant orders of the Secretary of Labor Issued pursuant to the Vietnam b. The contractor agrees to list all employment opertings ryhfch exist at Era Veterans Readjustment Assistance Actor 1972,as amended. the time of the execution at this contract and those which occur during h. In the event of the contractors noncompliance vAh this clause, the periomtance of this contract, including those not generated by this action may be taken In accordance with the rules, regulations, and contract and Including those occurring at an establishment of the relevant orders of the Secretary, contractor other than the one where the contract!r being performed,but excluding those of Independently operated corporate affllfales, at an I. The contractor agrees to post in conspicuous places, available to appropriate local office of the state employment service where the employees and applicants, notices In a torr to be prescribed by the opening occurs. Stale and local govammeni agencies holding poslaf Director,Office of Federal Contract Compifance Programs..provided by Service contracts of$10,UDD or more vAl also list their openings with the r through the contracting officer: These.notices state she oontraclor`s o appropriate office of the state employment service. g len under the law to Lake affirmative action to employ and advance In employment quallffed disabled veterans and veterans of the Vietnam a. Listing at employment openings with the employment service system era,and the rights of applicants and employees. will be msde at least concurranily with the use of arty other recruitment The contractormusf ncrlll each union or tvorlters"re rosenlaRiva with source or effort and will involve the normal obligations attaching to the j- Y p placing of a bona fida job order,including the acceptance of referrals of which It has a colieclfva bafgalning agreement or other understanding veterans and non-veterans,The listing of employment openings does not that the contractor Is bound by Ute terms of the Act and Is committed to require the hiring of any particular applicant or hiring from any particular taking allitmalfve scilon to employ, and advance in employment, group of applicants, and nothing herein Is Intended to relieve the qualified disabled veterans and veterans of he Vietnam era. contractor from any other requirements regarding nondiscrimination In employment. k. The contractor roust Include this clause In every subcontract or purchase order at$10,004 or more under this aanfract unless exempted d_ Whenever the contractor becomes contractually bound to the listing by rules,raqulallOns,or orders of the ecrelary Issued pursuant to the Provisions of this clause,it must advise the employment service system Act,so Its:provisions still be binding upon each subcontractor or vendor. In each Slate where It has establishments of the name and location of The conlr=tcrr rust take such taction wrllh respect to any subcontract or each hiring location In the Stale. The contractor may advfse the Stale purchase order as the Dlteclbr of the Office of Fadefol Contract system when It Is no longer bound by this clause. Compliance Programs may direct to enforce In these provisions. Including action for noncom pIlona v, e. Paragraphs b, c, and d above do not apply to openings Ute contractor proposes to 1111 from within Its own organization or under a A.15 GRATUITIES OR GiFTS customary and traditional employer/union hiring anangemenL But this -!uslon does not apply to a particular opening once the contractor a. The Postal Service may terminate this contract for default if, after !as to consider applicants outside its assn organlzallon or notice and a hearing, rho Postal Service Board of Contract Appeals ,.foyer/union arrangements for that opening. determines that the contractor or the contractor's agent or other representative: ,. Oellnitlons 1. All Employment O Openings. This Includes all positions except 1. Offered or gave a gratuity or gift(ars defined 1n 5 CFR 2635) to p P P an officer at employes at the Postal Service;and executive and lop management, those posillans that will be piled from within the contractor's organization,and positions lasting three 2. Intendedby the gratuity f0 obtain a contract or favorable days or less. This also Includes lull-arose employment, temporary treatment under a contract employment of more than three days duration, and gest,lime b. The fights and remedies of the Postal Service provided In this clause employment Under lite most compelling circumstances, an employment opening may not be suitable for listing, including are In addition to any other rights and remedies ptovided by law or under shuallarrs In which the needs of the Postal Service cannot this contract reasonably be otherwise supplied,when Ilsling would be contrary to nallonat security,or when listing would not be In the best interest of A.17 HAZARt1OUSfroXIC CONDITIONS CRUSE the Postal Service. 'Asbestos containing building material, (ACEM) means any material 2. Appropriate Offica of the State Employment Service. This conlalning more than 1%asbestos as delerrnined by using Ute method means the local allice of the federallstale national system of public Specified its 40 CFR Dart 763,Subpart E,Appendix E.'Friable asbestos employment offices will assigned responsibility for serving the area material'means any ACBM that When dry,can he crumbled,pulverized, where the employment opening Is to be filled,Including the District of or reduced to powder by hand Pressure. Columbia,Guam,the Commonwealth of Puerto Rico,and the Virgin The Lessor must identity and disclose the paa,enoa location and Islands. quantity of all ACBM or presumed asbestos containing material(PAGNI) 3. Positions That Will ba Filled From Within the Contractor's Own which Includes all thermal system Insulation,.sprayed on and troweled on Organization. This means employment openings for Which no surfacing materials,and asphalt and vinyl flooring material unless such conslderailon will be given to persons outside the contractor's material has been tested and Identified as non-ACB&C The Lessor organization (including any affiliates, subsidiaries and parent agrees to disclose any Information concerning the presence of lead- companies) and includes any openings which the contractor based paint, radon above 4 pCllL,and kali piping or solder In drinking proposes to fill from regularly established recall lists. water systems In the building,to the Postal Service. 4. Openings the Contractor Proposes to FIII Under a Customary Silas cannot have any contaminated sell or wratar above applicable and Traditional EmplayorlUnlan Hiring Arrangement Employment federal,state or local action levels or undisclosed underground slarage i openings the contractar proposes to lilt from union halls as part of tanks. Unless due to the act or negligence of the Postal Service, It the customary and tradltlonal hlring relationship existing between It coniaminaisd loll,water,underground storage tanks or piping or Inahle and representatives of Its employees, asbestos material or any other hazardoushoxlc materials or substances as deflned by applicable Local, Slate or Federal lase is subsequently (v2.2,June 1999) A-q f i irrI fsrxs General Conditions P� P05TALSER ICE- v Leese identified on the pramises,The Lessor agrees to remove such materials hereby leased(provided such alterations,additions,structures,or signs or substances upon notification by the U. S. Poslaf Service at Lassor's shall not be detrimental to or Inconsistent with the rights granted to other sole cost and expanse In accordance a'rrth EPA andlor Slate guldetires. tenants on the property or In the building in which said premises are Il ACBM Is subsequently found in the building which reasonably should located); which fixtures, additions or siructures so placed In, upon or have been determined, Identified, or knovm to the Lessor,She Lessor attached to the said premises shall be and remain the property of the agrees to conduct at Lessors wale expense, an asbastos sunray Postal Service and may be removed or otherwise disposed of by the pursuant to the standards of the Asbestos kfazaid Emergency Response Postal Service. Prior to expiration or termination of this lease Ilio Postal Act(AHERA),establish an Operations and Maintenance(O&M)pian for Service may remove such alterations and Improvements and restore the asbestos management, and provide the survey report and plan to the premises to as good condlUon as that existing at the time of entering postal Service. It the Lessor 12115 to remove any friable asbestos or upon the some under the lease,reasonable and ordinary wear and fear haxardoushoxlc materlais or subsiances, or complete an AHEAA and damages by the elements or by circumstances over which the asbestos survey and 09M plan, the Postal Service has the right to Postal Service has no control,excepted. It however,at the expiration or accomplish Ina work and deduct the cast plus adminlsiralive costs,from termination of the lease or any renewal or extension thereof,the Postal lulure rent payments or recover these costs from Lessor by other means, Service elects not to remove such alleratlons and/or Improvements,said or may,al Its sola option, cancel this Lease, in addition, the Postal alterations and/or improvements shall become the property at the Lessor Service may proportionally abate the rent for any period the premises,or and any rights or restoration are waived. any pan (hereof, are determined by the Posta) 5ervirs to have been rendered unavallabla to U by reason of such condttlon. A-22 APPLICABLE CODES AND ORDINANCES The remainder of this clause applies if this Lease Is for premises not The Lessor,as part of the rental consideration,agrees to comply with alt previously occupied by the Postal Service. codes and ordlnancos appllcable to the ownership and operation of the building In which the rented space is situated and to obtain ail necessary By execulien of this Lease the Lessor certIllas: permits and related Items at no cost to the Postal Service. 1 the property rind improvemants.are its rat all conlam Ina tion from A.23 DAMAGE OR DESTRUCTION OF PREMISES pelroleum products or any hazardousitaaxic or unhealthy materials or substances, including friable asbestos materials, as defined by It the demised premises or any portion lhereol are damaged or applicable State or Federal taw; destroyed by lire or other casualty,Acts of God, of a public enemy,riot or Insurrection or are otherwise determined by the Postal Service to be associated ssoeiatad piping,Thera are n,ACSM,radon,lead-based paint,or Lead piping or undisclosed underground storage tanks or unlit for use and occupancy,the Postal Service may: solder in drinking water systems,on the property;arid a. terminate this lease as of the dale the premises become unfit for use 3. It has not received, nor Is It aware of, any notification or other and occupancy,or corrimunfcalfon (nary any govommental or regulatory entity b. require the Lessor to repair or rebuild the promises as necessary to concerning any envlronmenlat conditlon, Of violailan or patentlal restore them to tenantable condition to the satisfaction of The Postal violation of arry local, state, or federal environmental statute or Service. For any period the premises,or any part thereof, lira unfit for regulation,existing at or adjacent to the property. use and occupancy, the rent will be abated In p€oporgun to the area determined by are Postal Service to be unienantable. UnfTlnELRs lot use The Lesson hereby Indemnities and holds harmless the Postal Service does not Include onsullablitty arising from such causes as design,slze, and Its officers.,agents,rapresentallves,and employees from all claims, or location of the promises,or lass,damage, actions,causes of ootlon, expense, fees anftr liability resulting from,brought for,or an account of any vlol8tiun of this clause.. C. accomplish all repair necessery for postal occupancy and deduct ail such costs,plus adminlslrallve burden from future tents. A.18 ADVERTISING OF CONTRACT AWARDS A.24 LESSOR OBLIGATIONS Except wllh Ilse conlracl[rip oylcer's prior approval,the confraclor0preas not to rarer in its commercial advertising to the fact that it was awarded a The Lessor's obligations regarding the services Io be provided are further Postal Service contract or to Imply In any manner that the Postal Service defined as folfows endorses Its products, a. If heating system and fuel are furnished - Lessor must furnish treating system together with all fuel required for proper operation of the A 79 RECORDING system during the continuance of the Lease, The system roust be In This agreement or a memorandum hereof, must be recorded at the good working order and,11 maintained by the Lessor,wlt be maintained expense of the Lessor, Such expanso Includes alt lees required for or In accordance with the Mainlonanve Rider attached hereto. Any Incident to recording- It the Lessor lalls to record the Lease,, or a Invesligative or remedlallen asst assootaled with a refea,e of luut from memorandum thereof, the Postal Service may record the Lease or a The system, Including any fuel tanl(, shell be the respon5lb44 of the memorandum thereof, and deduct all costs assocfaled therewith from Lessor, unless than release is cause by the act or naglr'gence of the future rents. Postal Service, b. If heal is furnished • Lessor must maintain a uniform heating Ago SUBLEASE temperature of 85 degrees F, In all enclosed portions or the demised The Postal Service may sublet all or any pad of the promises or assign promises during the continuance of the Lessee this lease but shall not be relieved from any obligation under this lease c. It heating system Is furnished-Lessor roust furnish healing system by reason of any subletting or assignment. In good working order and.If malnlalned by Lessor,will be maintained in acetardarice w)Ua the Maintenance Rlder atfached hereto, Any A 21 ALTERATIONSInvesllgative,oar remadiatlon cost assoctated with ra release of fuel Irom The Postal Service shall have the right to make afleraUens, attach the system, Including any fuel tank, shall be the responsibility of the fixtures and erect additions,structures or signs In or upon the premises ,;5 (v2-2,June 1999) A-5 i � r General Condhions to USPS Lease Lessor, unless the release is cause by the act or negligence of the A.26 RESERVED Postal Service. A.27 DAVIS-BACON ACT d. If Iighllntl llxturas and power are tumishad-Lesser must provide light The lollatving Is applicable If Ibis agreement covers premises of net fixtures in good vaadtng order as wall as pay all recurring electric bids. Interior space In excess of 6,50D square feel and Involves construction e. It light lixtures are furnished-Lessor must provide light fixtures in work over 52,000.00. good working order. a. Minimum Wages I. II elecificily Is furnished- Lesser must pay for all recurring electric I. All mechanics and laborers employed in the contract work[other bills and furnish the electrical system during the continuance of the than maintenance work of a recurring, routine nature necessary to Lease. keep the building or space in condition to be continuously used at an g. II electrical system Is furnished- Lessor must lumsfsh an'electrical established capacity and efficlency for its Intended purpose)must be system kt good working order having a separate electrical meter. paid unconditionally, and not less than once a week, wilhoul deduction or rebate (except lar deductions permitted by the h. if water system and waltz service are furnished - Lessor must Copeland Regulallons(29 CFR Part 3)),the amounts due at the time tumish a wa-ler system in goad working order and pay for all recurring of payment computed at rates not less than the aggregate of the walur bltls during the contincranca of the Lease. basic hourly rates and rates of payments,contributions,or casts for any fringe benefits contained In the wage-determination decisfon of i. II water system Is furnished-Lessor must furnish a wafer system In the Secretary of Labor, attached heralo, regardless of any good working order with separate water molar. contractual relationship alleged to exist between the Lessor, or j if sewerage system and sewerage sarvlce Is furnished - Lessor subcontractor and these laborers and mechanics. A copy of the wa a delerminallon decision must be kept posted b the Lessor at plumbing, as to turn sh o nectio systems including did lines rtdent, relatpT,pIne, the site of the work in a prominent place whre It can easily be seen plumbing, linrss, connections, srrptlo tanks, field lines and related b the welters. devices,as necessary and to pay all charges,fees and other costs for y such system and services during the continuance of the Lease. 2. The Lessor may discharge Its obligation under this clause to k. if satvaragt system Is furnished Lessor agrees to lumish sewerage workers In any classification for which the wage-dolerminalion systems Including all equipment, ptp€ng, plumbing, lines, corinectlans, decision contains: septic lanky, field lines, and related devices,as necessary during the (a) Only a basic houdy rate of pay,by malting payment at not --nllnuance of the Lease. less Than that rale,except as otherwise provided ire the Copeland Future Avaltahility, of public Water andlar Sowerago Servicers Regulallons('29 CFB Part 3),or igardless of Lessrrra responsibility for water andfor sewerage tinder (b) Both a basic hourly rate of pay and fringe-bonsifl payments, aiLS Lease, II public water anrVor sewerage services are not ourrenuy by paying In cash,by Irrevocably contributing to a fund,plan,or avaltabla, but become available in the future, the Lessor agrees to program for,or by assuming an enforceable crnnmilment to bear accomplish connection,maintain,and pay all tees and costs Involved In the cast of,bona fide fringe benefits contemplated by 4D U.S.C. aonnecffnga the building system to the public Water andlor sewerage 276x,or by a combinaUon of these. systems, Allor connection, the f 055 Service agrees to pay recurring charges for water consumption and use of sawerago services, it 3. Contributions made,or costs assumed,on other then a weekly connection of such sarvicas13 optional,the Postal Service will determine basis (but not less often than quarterly) are corsUered as having it the connection is to be made by the Lessor. bean constructively made for a weekly period. When a fringe benefit m. if air•cvndllloning equipment and o araling power are provided - Is expressed In a wage determination in any manner other than as p p P on hourly rale and the Lessor pays a cash equivalent or provides an Lessor must fumish air-cetndflloning equipment together with all power allemative fringe benefit, the Lessor must fumish information with required for proper oparratfon of The equipment during the conllnuance of the lessors payrolls showing how the Lessor determined that the the Lease. The equipment must be in goad woddrig order and, If cost incurred to make the cash payment or to provide the raltemative maintained by the Lessor,v,+lll be maintained In accordance with the fringa benefit is equal to the cost of the wage-delorminatlan fringe Maintenance Rider attached hereto. benefits. When the Lessor provides a fringe benefit dMarant from n. if air-conditioning equipment Is lurnished-Lessor must lumish air that contained In the wage determinalion,the Lessor must show how condilioningi equipment to the demised promises in goad working order the hourly rate was arrived at, In the event of disagreement as to an and,II maintained by Lessor,W10 be maintained In accordance with the equivalent of any IrhtgP benefit, the contracting allicor must submit the question,together with the contracting officers recommendation, Malntenarrce Rider included attached hereto, to the Secretary of Labor for linal determination. o, it air-candilloning Is furnished Lessor must maintain a uniform lemperature of no greater!hart 73 degrees F,in all enclosed portions of tIf the contractor does not maks payments to a Trustee or other third person, the contractor may consider as payment of 1vap0.s the the domised pramises and be responsible for sarvioing of Ihaair costs reasonably enliclpated In providing bone fide fringe benelits, condilicnintg equipment including,but not limited to, thu€eplaoemeni of but only wilh the approval of the Secralary of labor pursuant to a necessary filters and raftlrgarant as required for proper operation of the written request by the Lessor, The Secretary of Labor may require equipment together with power, waler and other services for Its the Lasser to set aside assets In a separate account, to meet Ilse operation. Lessror"s obligations under any unlunded plan or program., A.25 LESSOR'S SUCCESSORS 5. The conlraeling officer will require that any class of laborers or The terms and provisions of this Lease anmechanics not ilsled in the wage-delmminatlan but to be amployedd the conditions herein are under the contract tvlif be classilled in cantormance with The wage- binding on the Lessor, and all heirs, executors, administrators, determination and report tha actlon taken to the Administrator of the successors,and assigns. Wage and Hour Division, Employment Standards Administration, AS (v2.2,June 1999) A-6 i t s fm ,uANTEDSTATES Genera{ Conditions to USPS Lease ;z POSTagt.5'ERVIC U.S. Department of Labor, Washington, D,G. 20210.0001, for on the wage determination foe The classification of world actually approval. The contracting officer will approve an additional performed. cfasslflcallon and v.age rare and fringe benefits therefor only If: 3. If the Bureau of Apprenticeship and Training or Stale agency (a) The work to be performed by the classification requested is recognized by the Bureau(as appropriate)Withdraws approval of an not performed by a classification in the a vage•determinaflon; apprenticeship program, or If the Employment and Training Administration withdraws approval of a trainee program, the (b) The classincallon Is utilized In the area by the construction contractor will no longer be permitted to utilize apprentices or industry;and trainees (as appropriate)at less than the applicable predelennined c} The proposed wage lois, Including any bona tide fringe rate for the work performed until an acceptable program Is approved. ( (a) The bears a reasonable relationship to the wage rates (See 29 CFR 5.16 for special provisions that apply to training plans approved or recognized by the Department of Labor prior to August contained In the wage determination. 20,1975.) S. if the Lessor, the laborers or mecliants to be employedfn the 4. The utilization of apprentices,trainees,and journeyman must be classlllcatlon or their representatives,and the contracting olficer do In conformity with the equal employment opportunity requirements of not agree on the proposed classillcation and waga rale and fringe Executive Order 11246,as amended,and 29 CFR Part 30, benefits therefor, ills contracting officer must submit the question, together with the views of the interested parties and the contracting c. Overtime Compensation oilicer's recommendation, to the Wage and Hour Administrator for linal determination, The Administrator or authorized representative 1. The Lessor may not require or permit any laborer or mechanlc will,wilhin 30 days at recelpt,approve,rnodlly,or disapprove every employed on any work under this contract to work more than 40 proposed additional classification action, or Issue a that hours in any workweek on work subject to the provisions of the dalarminaWn 11 the parties disagree, and so advise the contracting Contract Work Hours and Salety Standards Act(40 U.S.C.327-333), officer or advise that add'lilonal lime is necessary. The finaf unless the laborer or mechanic receives compensation at a rate not approved wage rate(and fringe benallis if appropriate)must be pald' less than one-and-one-half limes the laborer's or mechanic's basic to all workers performing wark In the clBssrdicalifan under the contract rate of pay for all such hours worked in excess of 40 hours. tram the first day work Is performad In the ciassificaflon.The Lessor wlil post a copy of the final determination of the conformance action 2. For violations of subparagraph c.1 above,the Lessor is liable for with the wage-delerminatl®n determination at the site of the walk- liquidated damages, which will be computed for each laborer or (The Department of Labor Information cotlecilon and reporting machnnic at$10 for each day on which the employee was required requirements conlainad In subparagraph a.5 above and In this or permitted to work In violation of subparagraph c.i above. subparagraph a,6 have been approved by The Mice of Management 3, The contracting officer may withhold from the Lessor sums as and Budget under OMB control number 1215-b114G.) may administrratively be determined necessary to sallsry any Apprentices and Trainees Ilablllifes of the Lessor for unpaid wages and liquidated damages pursuant to subparagraph c.2 above. 1, Apprentices may be permitted to work only when d. Payroll and Other Records (a) registered, Indlvldiaally, under a bona flde apprenticeship program registered with a State apprenticeship agency 1= For all laborers and mechanics employed In fYta work cowered by recognized by the Bureau of Apprenitceship and Training, this clause, the lessor must maintain payrolls and rsialed basic . U.S.Department of Labor,or,If no such recognized agency records and preserve there for a period of 111ma years after contract exists In a state, under a program registered with the completion.. The records must contain the name, address, and Bureau of Apprenticeship and Training;or social security number of each employee, the employee's correct classification, rate of pay (including rales of contributions fat, of (b) If not Individually ragislared in the program,ceri sled by the costs assumed to provide, fringe benefits), The daily and weekly Bureau of Apprenitceship and Training or stale agency(as numbar of hours worked,deductions made,and actual wages paid, approprlele) to be eligible for probationary employment as Whanawar the Lessor has obtained approval it=.the Secretary of an apprentice, Trainees may be permitted to work only It Lnhor[a assume a commitment to bear the cost of fringe bane% Individually reglstarad In B program approved by the under subparagraph a.4 above, the Lessor must maintain records Employment and Training Administration,U.S. Department showing the commitment and Its approval, cormmunlcallon of the of Labor. plan or program to the employees allected,and the costs anticipated or incurred under the plan or program, Lessors employing 2. The rallo of apprenilces to jcumeymen or ttralneas to joumuymen apprentices or trainees under approved programs must maintain In any craft classihcallon must not be greater than that permitted for written avldene oaf the regisiration of apprenticeship prograrras and the Lessors entire work force under the registered apprenticeship or cerliffcallran of trainee programs,the raglsiraGran of the apprenilces trainee program.Apprentices and trainees must be paid at least the and trainees, and the ratios and wage rates prascritmd in the , applicable wage rates and fringe benefits specified in the approved ,applicable Programs. (`the Department of Labor inlonnallon apprenlicaship or trainee program for the prarllcular apprentices or Milectlon and record keeping requirements in ltrls subparagraph d.1 trainee's level of progress, expressed as a peruenlape of the have been approved by the Office of Management and Budget under Journeyman hourly rale specified In the applicable wage- ONES control numbers 1215-Ul40 and 1215.0017), delemminal'lon. if the uppranilceship or trainee program does not specify fringe benefits,apprenitcas or trainees must be paid In the 2, The Lessor must submit weakly, for each weak fro which any lull amount of Iringe benefits listed on the waga-datemmnallon for the work Covered by this clause is performed,a copy of all payrolls to the applicable clesslticatlon unless the Administrator of Wage and Hour conlracling officer. The Lessor Is responslble for the submtsslon cal Division determines that o different practice prevails,. Any amployee cop"res rrl payrolls of all subcontraclors. The copy must be listed on s payroll at an apprentice or trainee wage rate not accompanied by a statement signed by the Lessor Indfcaling that Ilia regislered, or perivirnIng work on the job she in excess of the ratio payrolls are correct and complete, that the wage rates contained In permitted under the registered program,must be paid the wage rale therm are not less than those delarmined by the Sacrawry of Labor, 15 (v2.2,June 1494) A-7 LfVf i EIJi 7f.TES General Conditions to USPS Lease laC7 a 11L 50? JC and that the classiffmilons set forth for each laborer or mechanic and the Postal Service, the U.S. Department of Labor, or the conform with the worlt the laborer or mechanic performed, employees or their representailves. Submission of the Weekly Statement of Compliance (see 29 CFP. required tinder Itils agreement sallsfies this requirement. AM BANKRUPTCY As raqulred by lhis clausrr, the Lessor must submit a copy of any In the Quant the Lessor enters Into proceedings relatingto bankruptcy, approval by the Secretary of Labrir. (i he uir Department til Labor whether voluntary or Involuntary,the Lessor will furnish,b certified mail, information collection and raporling requirements; in Ihls rY ry, Y subparagraph d.2 have been approved by the Office of Management written notification of the bankruptcy to the contracting officer responsible and Budget under 01413 control number 1215-8149.) for adminlstar{ng the contract. The notification must be furnished wilhin five days of the initiation of the bankruptcy proceedings. The notification 3. The Lessors records required under this clause must be must include the dale on which the bankruptcy petition was riled, the avallsbte for inspection by authorized represemlattvas of the court In which the petition was filed,and a list of Postal Service contracts contracting officer and the Department of labor. and the Lessor and contracting officers for all Postal Service contracts for which final must permit the represantativa in interview employees during payment has not yet been made. This obligation remains in effect until warking hours on the job, Mal payment under this contract. 4. The Lessor must comply with the Copeland Regulations of the Secretary of Labor(29 CFR Part 3),which are hereby Incorporated in [his contract by reference. e. Withholding of Funds. The contracting officer may withhold from the Lessor under this or any other contract with the Lessor so much of the accrued payments or advances as is considered necessary to pay all laborers and mechanics the.full remount of wages required by this Contract or any other contract subject to the Davls-Bacon prevailing wsna requirements that Is hold by the Lessor. L Subcontracts 1. If the Lessor'or any subcontractor falls to pay any laborer or mechanic employed on the site of the work any of the wages required by Iha contract, the contracting officer may, after writien notice to the lessor, suspend further payments or advances to the lessor until violations have ceased. 2- The lessor agrees to Insert this clause,including this paragraph 1, in all subcontracts hereunder. The term"lessor"as used In this clause In any subcontract, is deemed to refer to the lower- [ter owerIter subcontractor. g. Compliance with Davis-Bacon and Related Acts Requirements. All rulfngs and Inlerprotations of thu Davls-Bacon Act and related acts contained In 29 CFR Parts 1,3, and 5 are hereby Incorporated by reference In this contract- h. ontracth. Certification of FJlgibillty 1. By entering Into this contract, the lessor certllfes that neither it or any person or firm hewing an interest In the lessor is ineligible to be awarded contracts by virtue of secllon 3(a)of the Davis- Bacon Act or 29 CFR 5.12(x)(1). 2. No part of this contract-,vlll be subcontracted lo any person or Firm Ineligible for rantraig award by vinue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). 3. The penalty for making false statements Is prescribed in the U.S.Criminal Code,18 U.S.C.100E I. Contract Termination and Debarment. A breach or this Davis- Bacon Act clause may be grounds for termination of the contract and debarment as a contractor and subcontractor as provided In 29 CFR 5.12. j. Mputes Concerning Labor Standards. Disputes aftsing out of the labor standards provislons or this contract are not subject to the Ctaims and Disputes clause. They will be resolved In accordance vilth the procedures of the Department of Labor sal forth In 29 CFH Parts 5, B, and 7. Disputes within the manning of frits clause Include disputes belvimn the lessor(or any of ils subcontrac(ors} .5 (v2.2,June 1999) A-u i t -- LJAIITEDS 4TES Representations and Certifications fiOST,K SER VICE- SECT]ON S B.1 TYPE OF BUSINESS ORGANIZATION The offeror,by checking the applicable blocks,represents that it: l a. operates as i� corporation Incorporated under the laws or the Stale of 11.5 U 1 _ _ [Dan individual, ❑a partnership, ❑a joint venture, ❑a non-profit organization,or ❑an educational Institution;and b. Is a ❑small business concern, ❑minority-ownedbuslness, ❑woman-owned business, ❑labor surplus area concern, ❑educational or other non-profit organization,or E7 none of the above entities. c. SMALL BUSINESS CONCERN. A small business concern for the purposes of Postal Service procurement Is a concern, Including Its affiliates,which is Independently owned and operated,is not dominant In the field of operations in which it is submitting an olier,and Is of a size consistent with the standards set forth by SBA in CFR Pail 121,or it no standard has been established, then of a size employing ntal more than 500 employees. (Also see USPS Procurement Manuel,Chapter 10,Section 1.) d. MINORITY"-OWNED BUSINESS. A minodf y-owned business is a concern that is at least 51 percent owned by, and whose management and daily business operations are controlled by,ogle or more members of a socially and economically disadvanlaged minority group,.namely U.S.citizens who are black Arnerlcans,Hispanic Americans,Native Americans,Aslan-Pacific Americans,or Astan-Indlan Americans. ("Native Americans" means American Indians, Eskimos, Aleuts, and native Hawaiians. "Asian-Pacific Americans" means those whose origins are In Japan, Cllina,,, the Philippines, Vietnam, Korea, Samoa, Guam, the U-S. Trust Territories of the pacific islands, the Northern Ma Hanes Islands, Laos, Kampuchea, or Taiwan. "Asian-Indian Americans"means those whose origins are in India,Pakistan,or Bangladesh.) e. WOMAN-OWNED BUSINESS. A woman-owned business is a business which Is at least 51 percent owned, controlled, and operated by a woman or women. Controlled Is defined as exercising the power to make policy decisions. Operated Is defined as actively involved In the day-to-day management. f. LABOR SURPLUS AREA. A geographical area which at the time of award is either a section of concentrated unemployment or 'eremployment,a persistent labor surplus area,or a substantial labor surplus area,as defined in this paragraph. 1. Section of concentrated unemployment or underemployment means appropriate sections of Slates or labor areas so classiflad by the Secretary of Labor. 2. Persistent labor surplus area means an area which is classified by the Department of Labor as an area or substantial and persistent labor surplus(also celled Area of Substantial and Persistent Unemployment)and Is listed as such by that Department in conjunction with Its publication,Area Trends In Employment and Unemployment- 3. nemployment3. Substantial laborsurplus area means an area which is classified by the Department of Labor as an area of substantial labor surplus (also called Area of Substantial Unemployment)and which is listed as such by that Department in conjunction with its publication,Area Tretlds In Employment and Unemploymenf. g. LABOR SURPLUS AREA CONCERN. A firm which will perform or cause to be performed a substantial proportion of a contract In a labor surplus area. h. EDUCATIONAL OR OTHER NON-PROFIT ORGANIZATION. Any corporation,foundation,trust,or other institution operated for scientific or educational purposes, not organized for profit, no part of the net earnings of which inures to the profits of any private shareholder or individual. B.2 PARENT COMPANY AND TAXPAYER IDENTIFICATION NUMBER a. A parent company Is one that owns or controls the baslc business policies of an olferor.To own means to own more than So percent of the voting rights In the offeror. To control means to be aide to formulate, determine, or veto baric business policy decisions of the offeror.A parent company need not own the offoror to control it;It may exercise control through the use of dominani minority voting rights,proxy voting,contractual arrangements,or otherwise, b. Enter the offeror's Taxpayer Identification Number(TIN)In the space provided.The TIN is the offeror's Social Security Number or other Employee Identification Number used on the offero,'s Quarterly Federal Tax Velum,U.S.Treasury Form 941. 011eror's TIN: D_1—D19D7'5 c. []Check this block If the offeror Is owned or controlled by a parent company. i (v2.2,June 1999) B-1 i I - �4 0XITED sa res Representations and Certifications `� Ptah fit,SF1� rClMr d. If the block above Is checked,provide the following information about the parent company: Parent Company's Name: Parent Company's Main Office Address: No.and Street City: Slate:` Zip Code: Parent Company's TIN: e. If the offeror is a member of an affiliated group that files Its federal Income tact return an a consolidated basis(whether or not the offeror is owned or controlled by a parent company, as provided above) provide the name and TIN of the common parent of the affiliated group: Name of Common Parent- Common Parent's TiN: B.3 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION a. By submitting this proposal, the offeror certifies, and in the case of a joint proposal each party to it certifies as to Its own organization,that in connection with this solicitation: 1. The prices proposed have been arrived at Independently,without consultation,communication,or agreement,for the purpose of restricting competition,as to any matter relating to the prices with any other offerar or with any competitor, 2. Unless otherwise required by law, the prices proposed have not been and will not be knowingly disclosed by the offeror before award of a contract, directly or Indirectly to any other offeror or to any competitor,and 3. No attempt has been made or Will tae made by the offeror to induce any other person or firm to submit or not submit a proposal for the purpose of restricting competition. Each person signing this proposal certifies[hal: t. He or she is the person in the offeror's organization responsible for the decision as to the prices being offered herein and that he or she has not participated,and will not participate,in any action contrary to paragraph a above;or 2. He or she is not the person In the offeroes organization responsible for the decision as to the prices being offered but that he or she has been authorized In writing to act as agent for the persons responsible In eerilfying That they have not participated,and will not participate,in any action contrary to paragraph a above,and as their agent does hereby so canify,and he or she has riot participated,and will not participate,In any action contrary to paragraph a above. a. Modification or deletion of any provislran In [his certificate may result in the rejection of the proposal as unacceptable. Any modification or deletion should be accompanied by a signed statement explaining the reasons and describing In detall any disclosure or communication. 8.4 CONTINGENT FEE REPRESENTATION a. The offeror must complet7has fallowing representations: 1. The offeror ❑ has not employed or retained any company or person (other than a full-time bona fide employee working solely for the offeror)to solicit or secure this contract. 2. The offeror ❑ has s has not paid or agreed to pay any company or person (other than a full-time bona fide employee working solely for the offeror)any fee,commission,percentage,or brokerage fee,contingent upon or resulting from the award of . this contract. b. If ellher representation Is in the affirmallve, or upon request of the conlraaling officer, the oflaror must furnish, in duplicate, a completed f=orm 7319,'Conlrerctar's Statement of Contingent or Cather Fees,"and any other informalion requested by the contracting officer.. ft the offeror has previous8y furnNhed a completed Form 7319 to the office tssulrig this solicitation, It may accompany kis proposai with a signed statement-- 1. Indicating when the completed form was previously furnished; 2. Identifying the number of the previous solicitation or contract,if any,in connection with which the form was submitted;and 3. Representing that the statement on the form Is applicable to this proposal. (v2.2,June 1999) B-2 f11ifJT 17ST/17 Representations and Certifications A05 SEf�t�rCE, c_ Licensed real estate agents or brokers having listings on property for rent, in accordance with general business practice, and who have not obtained such licenses for the sole purpose of effecting this lease, may be considered as bona Ifde employees or agencies within the exception contained In this clause. 6.5 CERTIFICATION OF NONSEGREGATED FACILITIES a. By submitting this proposal,the offeror certifies that Il does not and wllf not maintain or provide for its employees any segrerdaled facilities at any of its establishments,and that it does not and will not permit its employees to perform services at any location under Its central where segregated facilities are maintained,The offeror agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. b. As used in this cerllfloallon,"segregaled facilities'moans any waiting rooms,wo*areas,rest rooms or wash roams,restaurarils or other eating areas, nine clocles, locker rooms or other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,transportation,or housing laclillles provided for employees that are segregated by explicit directive or are in tact segregatedon the basis of race,color,religion,or national origin, because of habli,local cuslcm,or otherwise. c. The offeror further agrees that (unless it has obtained Identical certifications from proposed subcontractors for specific time pe;lods)it will obtain identical cerllflcations from proposed subcontraclors before awarding subcontracts exceeding$10,000 that ;re not exempt from the provisions of the Equal Opportunity clause;ilii![It will retain these certificatlons In Its files;and that it vont foiward the following notice to these proposed subcontractors (except when they have submitted identical certifications for specific lime periods). NOTICE A cartlllcatlori of nonsegregated facilities mast be submitted before the award of a subcontract exceeding$10,000 that is not exempt from the Equal Opportunity clause.111e certification may be submitted either for each subcontract or for all subcontracts during a period(quarterly,semiannually,or annually). RESERVED B.7 LEASES BETWEEN THE POSTAL SERVICE AND ITS EMPLOYEES, CONTRACT EMPLOYEES, OR BUSINESS ORGANIZATIONS SUBSTANTIALLY OWNED OR CONTROLLED BY POSTAL SERVICE EMPLOYEES OR CONTRACT EMPLOYEES By submitting this proposal,the offaror certifies that the offeror 0 Is, Edis not an employee,a personal service contract employee or a member of the Immediate farnify of a Postal Service employee or personal service contract employee OR a business organization(partnership,corporation,joint venture,etc.).substantially owned or controlled by a Postal Service employee,a personal service contract employee, Or a member of the immediate family of a Postal Service employee or personal service contract employee_ "Irnmediale family"means spouse,rr1nor ohild or children,and other Individuals related to the employee by blood who are residents of the employee's household, (v22.June 1999) 13-3 pi l t UNITED-J-5 TES Maintenance Ricer fit-STI?/-SERVICE- USPS Responsibility (Partial) a 11 the Postal Service is assuming maintenance responsibility for the demised premises for the first time, the Lessor must correct ,It maintenance deficiencies and obtain a written certification from a professional HVAC firm that the heating,ventilating and air conditioning systems have been maintained and are in proper working condition. The Lessor will remain responsible until all deferred maintenance work has been completed to the satisfaction of the Postal Service and Postal Service is In receipt of and accepts the aforementioned written certification. b. The terra "demised premises"as used in this rlder Includes the premises described in the Lease, the improvements and appurtenances to such premises and all equipment and fixtures furnished, or to be furnished, by the Lessor under this Lease. c. The Postal Service is resoonslble for ordinary repairs to, and maintenance of the demised premises except for those repairs that are specifically made the responsibility of the Lessor in this Lease. The responsibility of the Postal Service as stated herein will be fulfilled at such time and in such manner as the postal Service considers necessary to keep the demised premises in proper condition. d. The Lessor Is responsible for: (1)Repairs to all common or Joint use areas, common or Joint use equipment and fixtures that may be Included as part of this Lease. (2)All repairs to structural elements and all parts of the roof system. The term,"structural elements"as used In this clause is limited to the foundation,bearing walls, floors(not Including floor covering),and column supports. The roof system Includes,but Is not limited to, the roof covering,Hashing and insulation,and roof beams,joists, and deck. (9)Repairs resulting from Acts of God,of a public enemy,riot or insurrection. (4)Inspection, prevention and eradication of termites and any other wood eating insects and for repairs of any damage resulting therefrom. (5)Repairs resulting from defects in building construction or installation of equipment, fixtures, or appurtenances furnished by the Lessor. (B)Repairs resulting from fire or other casualties, unless such casualties were caused by the negligence of employees or agents of the Postal Service. (7)Any ordinary repairs by the Postal Service which were made necessary by the failure of any element for which the Lessor is responsible. e. When the neem arises for repairs which are the responsibility of the Lessor, Including any repairs or actions for which the Lessor is responsible under paragraph a. hereof, the Postal Service will (except in emergencies) give the Lessor written notice of the needed repairs and will specify a reasonable deadline for completion of the work. A copy of such notice will be seat by certified or registered mail to the Lessor's mortgagee and assignee of monies due or to become due pursuant to Oils Lease whose names and addresses have been furnished to the Postal Service by the Lessor. If none of these parties f lessor, mortgagee or assignee) proceed with the work with such diligence so as to ensure completion within the time specified in the notice(or any extension thereof granted at the sole discretion of the Postal Service) or actually fails to complete the work within said time, the Postal Service has the right to perform the work, by contract or otherwise, and withhold tate cost of such work (which may include administratfve cost and/or Interest) from payments due under this Lease. In addition, the Postal Service may proportionally abate the rent for any period the damised premises,or any part thereof, are determined by the Postal Service to have been rendered unavailable to it by reason of such condition, Alternatively, the Postal Service may, if the demised premises are determined to be unfit for accupancy,at Its sole discrellon,cannel this Lease without liability. .0 (v2.2,June 1999) 10-1 i I _ _ t Utvrrl DST)3TES Tax Rider FjRU,, F STALSE'PVIC Reimbursement of Paid Taxes/98 BOYNTON BEACH-DOWNTOWN STATION(110960-001) 2171`1 SEACREST BLVD. BOYNTON BEACH, FL 33435-4011 Assessor's Parcel Number. 08 43 45 28 10 004 0170 a. Definillons Ad Valorem means according to the value of the property. Prone Tax Rate is an amount expressed as dollars and cents per$100.00 or per$1,000.00 of assessed value or as mills per S1.00 of assessed value as set by authorities for tax jurisdictions. Real ProDerty Txas,as used in this clause,shall mean those taxes,including ad valorem taxes,special assessments,fees and charges,that are assessed against any or all taxable real property appearing on the assessment roll or list in a taxing authority's jurisdiction and that are identified by a taxing authority for the support of government activities within it's jurisdictlon,whether such activities are general or specific. Real Property Taxes also include administrative charges or fees Imposed by a taxing authority for the support of it's tax assessment and collection activities. b. The lessor agrees to pay all taxes of any kind,Including Real Property Taxes,special assessments, and charges and lees of every kind and nature levied on the Demised Premises. c. The Postal Service will reimburse Lessor for paid Real Property Taxes,as defined above,only under the following terms: 1. Lessor may submit not more than one request for reimbursement in any calendar year,irrespective of the number of taxing authorltles included; and reimbursement will be made not more than one time annually by the Postal Service. 2. No reimbursement will be made for fines,penalties,interest or costs imposed for late payment. 3. Reimbursement will be made only for paid taxes,less the maximum discount allowed by the taxing authority for prompt or early payment,regardless of whether Lessor actually received any such discount. 4. Notwithstanding anything contained in section c.3 above,In the case of a special assessment for which a taxing authority permits or prescribes Installment payments that extend beyond the lease term,reimbursement will be made only for those Installments that are required to be made during the lease term,regardless of whether Lessor pays In full or otherwise adjusts the payment schedule within the lease term. s. Reimbursement will be made only for taxes levied for periods of time within the term of this Lease. s. In order to qualify for reimbursement,the tax bill as issued by the taxing authority must pertain only to the Dernlsed Premises,and to no other real property_ 7. lessor must provide copies of the front and back-of the complete tax bill issued by the taxing authority,along with satisfactory proof of payment. Satisfactoryproof of payment shallbe(1)a receipt for payment shown on the face of the tax bill, (ii)a copy of the front and back of the canceled payment check,. (ill) a statement from a fender verlfying payment of the tax,or(iv)other documentation satisfactory to the Postal Service. a. Incomplete or improper requests for reimbursement will be returned to Lessor without payment. 9, The Postal Service is not required to reimburse paid taxes unless the request for reimbursement Is made within 1 a months after the close of the tax year. d. The Lessor must promptly furnish to the Postal Service copies of all notices that may affect the valuation of the Demised Premises for Real Property Tax purposes or that may affect the levy or assessment of Real Property Taxes thereon. If Lessor does not timely furnish such notices relating to valuation changes or the levy or assessment of taxes or falls to meet any legal prerequisite for appeal and the Postal Service loses the right to contest the validity or the amount of the taxes, then the Postal Service shall be responsible to reimburse Lessor for only 75%of the reimbursable taxes due for the year involved. V2.2,June 1999) T-1 t UIVITEDST TE.s Tax Rider PQST4L SE1?V1 F- Reimbursement of Paid Taxes/98 All notices required under this paragraph must be delivered or mailed,using certifier)mail with a return receipt or other verifled method of delivery,within ten(10)days from the receipt thereof by the Lessor to: COPITRACTING OFFICER, ATLANTA FSO 0000 D21CALB TECH PYWY 300, ATLANTA, GA 30340-2799 or to such other office as the Postal Service may later direct in writing. e. The Postal Service may contest the validity of any valuation for Real Property Tax purposes or of any levy or assessment of any Real Property Taxes by appropriate proceedings either in the name of the Postai Service or of the Lessor or In the names of bolt). Notwithstanding any contest of valuation, levy,assessment, or Property Tax Rate,Lessor rnust pay under protest the Real Property Taxes involved when requested to do so by the Postal Service. The Lessor,upon reasonable notice and request by the Postal Service,must join in any proceedings,must cooperate with the Postal Service,and must execute and fife any documents or pleadings as the Postal Service may require for such proceeding,provided lite Lessor is reasonably satisfied that the facts and data contained therein are accurate. Lessor will not be responsible for the payment of penalties,costs,or legal expenses in connection with any protest or appeal proceedings brought by the Postal Service,and the Postal Service will indemnify and save harmless the Lesser from any such penalties,costs,or expanses. Lessor hereby authorizes the Postal Service as it's agent to represent it's interest In any appeal or protest proceeding authorized under this paragraph. f. Lessor shall promptly notify the Postal Service of any appeal or other action it takes or Initiates to adjust any valuation of the properly,Property Tax Rate,or levy or assessment of Real Property Taxes. The Postal Service is entitled to any and all monies obtained through such actions or any other refunds or remissions of Real Property Taxes paid in any year subsequent to the commencement of the lease. If any such refunded or remitted monies are paid or delivered to Lessor,Lessor frust Immediately forward there to the Postal Service. If Lessor Is Informed ihat he is entitled to a refund or remission of monies paid as Real Property i-axes upon the submission of an application, Lessor will promptly make and file such application,and upon receipt of such refund or remission,Immediately forward it to the Postal Service. The Postal Service reserves the right to offset refund and remission payments not so obtained or forwarded,against rental or other payments due the Lessor. g. The Postal Service is entitled to the benefits of all tax exemptions or abatements authorized by law or regulation that may be available with respect to the Remised Premises. Lessor shall take all necessary steps to obtain such exemptions or abatements. The Postal Service reserves the right to offset against rental or other payments due the Lessor the amount or value of any abatement or exemption that would have been available if Lessor had properly applied for it,and any amount for whlch the Postal Service is not to be responsible under paragraph(b),above, h. Nothing herein contained shall operate to waive or deprive the Postal Service of any rights,privileges or Immunities It enjoys under law. (v2.2,June 1999) T-2 - i UIVITEDSWES Mortgagee's ,agreement (To be executed and attached to lease before it is recorded) Facillty Nam-2/Location BOYP]TON BEACH — DOWNTOWN STATION (110960-001) County:VALl-1 BEACH 217 W SEACP.EST BLVD BOYWON BEACH, FL 33435-4011 Project:H89364 The undersigned, holder(s)of a mortgage in the sum of on the property situated at: 217 14 SEACREST BLVD BOYPITON BEACH, FL 33435-4011 hereby consent(s)to the leasing of said properly to the U.S.Postal Service and agree(s)for itself,its successors, executors, administrators,and assigns that in the event it should become necessary to foreclose said mortgage the mortgagee will cause the sale of said premises to be made subject to said lease. Oaa Company 'ltinass slonalaare of Mort9 9 a eeg Oiflcsr Its 'rift of MorfgEoDa`s 0111091 5treetAddrass City,Stale and ZIP+4 Subscribed and Sworn to before me,notary public,In and for County,State of this day of Notary Public My commission expires —'qT(July 96,v1.12,Py i IJNI E`DS']ATES Designation of Emergency POSTAr 5ERV]CE, Repair Personnel Return completed,signed copy of this form to: Postal Unit: DOP1NT Ino STATION JODY SLOAIJ PROJECT VW%IAGER RE Street Address: 217 N SEACREST BLVD ATLAI-ITA FSO 4000 DEI:AL,B TECH PKWY 300 ATLMITA, GA 30340-2799 City,State,ZIP+4: BOYNTON BEACH FL, 33435-4011 Owner:THE VALLEY LAND CORP 220 HOLIDAY DR STE 27, WHITE RIVER JCT, VT 05001-2015 Contact the following personnel for emergency repairs for those services that are my responslbillty,under the terms of the_lease,when I (or my agent)cannot be reached after a reasonable period of time at Area Code 8 Telephone 802-295-3356 In the event the Postal Service Is unable to contact the designated emergency repair person or such person Is unavailable to perform necessary emergency repairs,the Postal Service Is authorized to arrange for such repairs by repair personnel selected by the Postal Servioe vuth cost thereof to be reimbursed by the lessor. For Vallev Land go- Arnold Moretto Roofinq Roofing/ Structural 220 Bbliday Dr., Suite 27 1499 SW 30th Ave. Emergencies OCheck If Not Applicable White River Jct., VT 05001 Boynton Beach, FL 33425 For Tel- 737-2383 Electrical Emergencies Check if Not Applicable ror Plumbing -_ ,Emergencies check tl Not Applicabie For Heating, Ventilating and Air-Conditioning Emerge cies taebkit Not Applicable For Other Emergencles (VVindr�vrs ears, aChec c.� k If Not Applicable Sign Original. . Signature of Owner or Owner's Agent Date This letter is not Intended to,nor ' does It In any way,Increase my - responsibilities as owner(or agent Name(Typed or Printed) IM wl owner)of the property to the _ I` 0 occupant,the U.S.Postal Service. Street Address City,Slate,ZIP+4 iT VT ober-1991 Postmaster F District F-1 Area { D � � y oC O1 u N o c YrG P. u Y; •"E L]uY U� tlY N �p fi 7 4 G Y DUI D m y D. C C Y DUu jo W h ul mY nx9 .] tl mr3 �cm!iqi D n d9 = aUtOD• 0. n Y H D O uN H '>n• D H � L Y K c o o A ♦y.-1 a .r c r n n a a,c Y D w Nk�suwq m as N K N aU Jl DA a.1 v NSU Y .71 O t d u H "D 4b ryie�ite a !A L o r1 p W 6 Y U y R4� 34{x�@+[ __ �G � ,. Mrlq 'm D D t U�Dti A y d 9 ASx qet E-td ` N r~D AYm fl � WmC dm MU ts Dqq9.^3 .#4 9 f r4 s h m N o.FI W'pD d 7 C E to H m L'mBL m N C Ca .. a EmD Y to 44 E�! 4"tr' yy }e a m D H a D .4 tl?s y CS Eq.aq m O HNgw ns.•DI � a9 U a4 PC pw t plu ry N nm1�m dl uy W �S1 "�RBa m m ~A wx HUC D q 47 U fdFYy P g L m n .b 7 ptl p� N N m~.a] ���� `i��uuC 1amfryy1 Cl 4DG [L �ry HHU D o N acpi�U EUQW D Z .IW m O aesa Er ¢ L�} Z 6 Fa Mwi L m tl CIGRDO L 4mw DE K 4p1 Z F DDR Z �a�i .[y eA C C V o VYY ��m� �� auD x`77 qD p A .a N Ctl sfJr7Y6nYL u L^ W F�bC • ¢~ I[�+9j D 9WY� HW SSBU D DD LuW, aauo � n m i i 4 h i 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 BOYNTON BOUNDLESS PO, 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 in Palm Beach County, Florida (the "Properties") addressed at 217 N. Seacrest Boulevard and more particularly described as follows: SEE ATTACHED EXHIBIT"A" 2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property shall be One Million Six Hundred Thousand Dollars ($1,600,000.00), payable in cash, by wire transfer of United States Dollars at the Closing. 3. DEPOSIT. 3.1 Earnest Moggy 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 Two Hundred Thousand Dollars ($200,000.00)(the "Deposit"). 3.2 Application/Disbursement of Deoosit. 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($100,000.00)shall be released to SELLER sixty(60)days from the Effective Date (hereinafter defined). The remaining Deposit shall be delivered to SELLER at Closing and the PURCHASER shall receive credit for the full Deposit($200,000.00)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 Deposit shall be delivered to (or retained by, as PURCHASER'S Initialsy f SELLER's Initi 012255551 o, � Purchase and Sale Agreement Page 2 of 15 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 effective date of this Purchase Agreement shall be the date when the last one of the PURCHASER and SELLER has executed the Agreement. 5. CLOSING. The purchase and sale transaction contemplated herein shall close on or before February 28, 2023 (the "Closing"), unless extended by Paragraph 8.5 below or 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 thirty(30) 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 anytime 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 PURCHASER's Initials:. SELLER's Initia 01225555-1 ��i'_� P Purchase and Sale Agreement Page 3 of 15 terminate this contract and receive back all deposits hereunder. If PURCHASER elects to terminate this Agreement in accordance with this Section, PURCHASER shall: (i) leave the Property in substantially the condition existing on the Effective Date,subject to such disturbance as was reasonably necessary or convenient in the testing and investigation of the Property; (ii)to the extent practicable, shall repair and restore any damage caused to the Property by PURCHASER's testing and investigation; and (iii) release to SELLER, at no cost, all reports and other work generated as a result of the PURCHASER's testing and investigation. PURCHASER hereby agrees to indemnify and hold SELLER harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees,for nonpayment for services rendered to PURCHASER (including, without limitation, any construction liens resulting therefrom) or for damage to persons or property (subject to the limitation on practicability provided above) arising out of PURCHASER's investigation of the Property. However, PURCHASER's indemnification obligations shall not exceed its statutory limits as provided within Section 768.28, Florida Statutes, and PURCHASER does not waive its sovereign immunity rights. SELLER hereby agrees to indemnify and hold PURCHASER harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to SELLER or for damage to persons or property(subject to the limitation on practicability provided above) arising out of PURCHASER's investigation of the Property. SELLERS' obligations under this Section shall survive the termination,expiration or Closing of this Agreement. 7.1 Title Review. Within twenty (20) days of the Effective Date, PURCHASER shall obtain, at the PURCHASER's expense, from a Title Company chosen by PURCHASER (hereinafter"Title Company"or"Closing Agent"),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 PURCHASER's Initials: -- SELLER's Initis 01225555-1 s Purchase and Sale Agreement Page 4 of 15 charges, delinquent property taxes and/or code enforcement and contractors' liens or other recorded claims of lien upon the property, or (iii) canceling and terminating this Agreement, in which case, the Deposit shall be returned to PURCHASER and the Parties shall have no further obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. Prior to the Closing, PURCHASER shall have the right to cause the Title Company to issue an updated Title Commitment("Title Update")covering the Property. If any Title Update contains any conditions which did not appear in the Title Commitment, provided they are not as a result of the actions of the PURCHASER, 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, if any), authorizations, and approvals of 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 PURCHSER'S reasonable discretion, which: (i) effectuate the transfer to PURCHASER of those Governmental r PURCHASER's Initials: A' SELLER's Initial 01225555.1 Purchase and Sale Agreement Page 5 of 15 Approvals,or portions thereof which are applicable to the Property,that PURCHASER desires to have assigned to it, and/or (ii) allow the Property to be withdrawn from any Governmental Approvals. At the time of closing, there shall not be 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), that are caused by the actions of PURCHASER. 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 in all material respects 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. At the time of closing,there shall not be 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),that are caused by the actions of PURCHASER. 8.5. Occupancy. The property shall be conveyed to the PURCHASER at time of closing unoccupied. SELLER shall take all reasonable actions to ensure all tenant agreements have been terminated by the Closing Date. 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, PURCHASER's Initials SELLER's Initi `' u 01225555-1 ", Purchase and Sale Agreement Page 6 of 15 encumbrances and other conditions of title other than the Permitted Exceptions. 9.2 Seller's Affidavits. SELLER shall furnish to PURCHASER an owner's affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against the Property under the applicable construction lien law; and that there are no parties in possession of the Property other than SELLER. SELLER shall also furnish to PURCHASER a non-foreign affidavit with respect to the Property. In the event SELLER is unable to deliver its affidavits referenced above,the same shall be deemed an uncured title objection. 9.3. Closing Statement. A closing statement setting forth the Purchase Price, the Deposit, all credits, adjustments and prorations between PURCHASER and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, which PURCHASER shall also execute and deliver at Closing. 9.4. Corrective Documents. Documentation required to clear title to the Property of all liens, encumbrances and exceptions, if any,other than Permitted Exceptions. 9.5. Additional Documents. Such other documents as PURCHASER or the Title Company may reasonably request that SELLER execute and deliver, and any other documents required by this Agreement or reasonably necessary in order to close this transaction and effectuate the terms of this Agreement. 10. PRORATIONS CLOSING COSTS AND CLOSING PROCEDURES. 10.1. Prorations. Assessments, rents, interest, insurance and other expenses of the Property shall be prorated through the day before Closing. PURCHASER shall have the option of taking over existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at Closing shall be increased or decreased as may be required by prorations to be made through the day prior to Closing. Advance rent and security deposits, if any,will be credited to PURCHASER. Taxes shall be prorated based upon the current year's tax with due allowance made for maximum allowable discount. 10.2 Ad Valorem Taxes. PURCHASER and SELLER shall comply with Section 196.295, Florida Statutes,with respect to the payment of prorated ad valorem taxes for the year of closing into escrow with the Palm Beach County Tax Collector's Office. In the event that,following the Closing,the actual amount of assessed real property tax on the Property for the current year is higher than any estimate of such tax used for purposes of the Closing,the parties 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 sp cial PURCHASER's Initials SELLER's Initis. oizzsass-1 Purchase and Sale Agreement Page 7 of 15 assessment liens Imposed by public bodies as of Closing are to be paid by SELLER. Pending liens as of Closing shall be assumed by PURCHASER. If the improvement has been substantially completed as of the Effective Date, any pending lien shall be considered certified, confirmed or ratified and SELLER shall, at Closing, be charged an amount equal to the last estimate or assessment for the improvement by the public body. 10.4. 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 SELLER. PURCHASER, having chosen the Title Company and Closing Agent, shall be responsible for all costs and expenses of the Title Company and Closing Agent, including but not limited to the title insurance premium. 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(%i)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 r PURCHASER's Initials: ` SELLER's Initial � 01225555-1 Purchase and Sale Agreement Page 8 of 15 litigation, claim, action or proceeding, in a materially adverse fashion)the use, occupancy or value of the Property or any part thereof or which would otherwise relate to the Property. 11.3 SELLER has full power and authority to enter into this Agreement and to assume and perform its obligations hereunder in this Agreement. SELLER does not and will not conflict with or result in the breach of any condition or provision,or constitute a default under, or result in the creation or imposition of any lien,charge,or encumbrance upon any of the Property or assets of the SELLER by reason of the terms of any contract, mortgage, lien, lease, agreement, indenture, instrument or judgment to which the SELLER is a party of which is or purports to be binding upon the SELLER or which affects the SELLER;no action by any federal,state or municipal or other governmental department, commission, board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon the SELLER in accordance with its terms. 11.4 SELLER represents that SELLER will not,between the date of this Agreement and the Closing, without PURCHASER'S prior written consent, which consent shall not be unreasonably withheld or delayed, except in the ordinary course of business, create any encumbrances on the Property. For purposes of this provision the term"encumbrances"shall mean any mortgages,liens,claims,options,or other encumbrances,encroachments,rights-of-way,leases, easements, covenants, conditions or restrictions. SELLER expressly agrees not to refinance the Property. 11.5 SELLER shall perform all of its obligations under the terms of any existing leases with tenants on the Property up until Closing Date and/or lease termination. 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. 11.7 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. 11.8 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. 11.9 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, PURCHASER'S Initials: a "` SELLER's Initial 01225555.1 Purchase and Sale Agreement Page 9 of 15 water or material which has been determined by any state,federal or local government authority to be capable of posing a risk of injury to health, safety and property, including, but not limited to, all of those materials, wastes and substances designated as hazardous or toxic by the U.S. Environmental Protection Agency, the U.S. Department of Labor, the U.S. Department of Transportation, and/or any other state or local governmental agency now or hereafter authorized to regulate materials and substances in the environment(collectively"Governmental Authority(ies)"). 11.10 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. 11.11 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. 11.12 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. 11.13 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). 11.14 Additional Warranties and Reoresentations 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: 11.14.1 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. 11.14.2 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 PURCHASER's Initials: w. SELLER's Initia . 01225555-1 '� Purchase and Sale Agreement Page 10 of 1S defects in the condition of the Property which will impair the use or operation of the Property in any manner. 11.14.3 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. 11.15 Survival of Warranties and Representations: Anything herein to the contrary notwithstanding, the warranties and representations of SELLER shall survive the Closing for a period of one (1) year. This one (1) year period of survival shall apply to any and wall warranties and representations of the SELLER made herein, regardless of wherein set forth in this Agreement, such as, by way of example,Section 16. 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 PURCHASER's Initials.- ` SELLER's Initial 022x555-i Purchase and Sale Agreement Page 11 of 15 describing the event or condition of default in sufficient detail to enable a reasonable person to determine the action necessary to cure the default. The defaulting Party shall have fifteen (15) days from delivery of the notice during which to cure the default, provided, however,that as to a failure to close,the cure period shall only be three(3)business days from the delivery of notice. Both parties agree that if an extension is requested, such extension shall not be unreasonably withheld. If the default has not been cured within the aforesaid period,the non-defaulting Party may exercise the remedies described above. 12.4. Survival. The provisions of this section shall survive the termination of this Agreement. 13. NOTICES. All notices required in this Agreement must be in writing and shall be considered delivered when received by certified mail, return receipt requested, or personal delivery to the following addresses: If to Seller: Michael S. Weiner Boynton Boundless PO, LLC 6678 Grande Orchid Way Delray Beach, FL 33446 If to Purchaser: Michael Simon, Executive Director Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, FL 33435 With a copy to: Kenneth Dodge Lewis, Longman &Walker, PA 515 North Flagler Drive Suite 1500 West Palm Beach, FL 33401 14. BINDING OBLIGATION/ASSIGNMENT. The terms and conditions of this Agreement are hereby made binding on, and shall inure to the benefit of the successors and permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement without the prior written consent of PURCHASER, which shall not be unreasonably withheld. PURCHASER shall have the right to assign this Agreement to the City of Boynton Beach (the "City") without the prior consent of SELLER and the PURCHASER shall be released from any further obligations and liabilities under this Agreement. The PURCHASER may not assign this Agreement to any other party without the prior written approval of SELLER,which shall not unreasonably withheld. If PURCHASER has been dissolved as an entity while this Agreement and/or the attached Lease Agreement are in effect, the provisions of section 163.357(1), Florida Statutes, (as it may PURCHASER's Initial' SELLER's Initials: 01225555.1 Purchase and Sale Agreement Page 12 of 15 amended from time to time), shall apply. 15. BROKER FEES. The SELLER and PURCHASER hereby state that they have not dealt with a real estate broker in connection with the transaction contemplated by this Agreement and are not liable for a sales commission. SELLER shall indemnify, defend and hold harmless the PURCHASER from and against any and all claims, losses, damages, costs or expenses (including, without limitation, attorney's fees) of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by SELLER on its behalf with any broker or finder in connection with this Agreement. The provisions of this Section shall survive Closing or termination of this Agreement. 16. ENVIRONMENTAL CONDITIONS. 16.1. For purposes of this Agreement, pollutant ("Pollutant") shall mean any hazardous or toxic substance, material, or waste of any kind or any contaminant, pollutant, petroleum, petroleum product or petroleum by-product as defined or regulated by environmental laws. Disposal ("Disposal") shall mean the release,storage, use, handling, discharge,or disposal of 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 relatingto 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. F' ! I PURCHASER's Initials: SELLER's Initials- 01225555-1 .� Purchase and Sale Agreement Page 13 of 15 17. PUBLIC RECORDS. PURCHASER is a public agency subject to Chapter 119, Florida Statutes. The SELLER is hereby notified that the PURCHASER is required by law,pursuant to Chapter 119,to maintain and disclose upon request all records deemed public under the statute including this Agreement and some or all of the documents necessary to consummate the transaction set forth herein. To the extent that any litigation should be instituted by SELLER, either directly or as a third party,to prevent or prohibit PURCHASER from disclosing or providing documents involving this Agreement or the transaction set forth in the Agreement pursuant to a public records request submitted under Chapter 119,SELLER agrees that PURCHASER may either: 1) defend the claim up to and including final judgment,or 2)interplead the challenged documents into the court. In either 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 PURCHASER's Initials�� ` SELLER's Initi S. OU25555-1 �- Purchase and Sale Agreement Page 14 of 15 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 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. Attorney's Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including those at the appellate level,shall be awarded to the prevailing party. 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 subject to Section 11.15. y PURCHASER's Initials. SELLER's Initial": 01225555.1 Purchase and Sale Agreement Page 15 of 15 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. IN WITNESS WHEREOF,the Parties have executed this Agreement as of the Effective date. PURCHASER: SELLER: BOYNTON BEACH COMMUNITY BOYNTON BOUNDLESS PO, LLC REDE itL P TA Printed Name: Steven B. Grant Printed Name: � � ` -*- Title: Chair Title: c' ita _" V' Date: t Date: WITNESS: 'yam WITNESS: Prin ed Name: Printed Name: L'A, Lf ECO NT Lewis, Longman &Walker, P.A. Printed Name: \4o-rNr-,*;h\ We- -P Date: r PURCHASER's Initials: ter' SELLER's Initial oizussss-1 EXHIBIT A LEGAL DESCRIPTION 217 N. Seacrest Blvd. Boynton Beach, FL 33435 Parcel Identification Number: 08-43-45-28-10-004-0090 Lots 9, 10, 11 and 12, Block 4, Boynton Heights Addition to Town of Boynton Beach, according to the Plat thereof, recorded in Plat Book 10, Page 64, of the Public Records of Palm Beach County, Florida. Less Portion of Land described as a strip of land over, through and across the following: Lots 9, 10 and 11 and the West 16.01 feet of Lot 12, all in Block 4, according to the revised plat of Boynton Heights, as recorded in Plat Book 10, Page 64, in the Public Records of Palm Beach County, Florida, in Section 28, Township 45 South, Range 43 East, said strip when measured along a line 16.01 feet east of and parallel to the west line of said Lot 12, being the Northerly 12 feet; and less the north 12 feet of the east 8.99 feet of said Lot 12. Together with: Lots 13, 14, 15, 16, Block 4, revised Plat of Boynton Heights, addition to the Town of Boynton Beach, Florida, according to the Plat thereof recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 10, Page 64. Subject to 3' easement across rear of lots as in Plat Book 10, Page 64, Palm Beach County Records. Together with: Lots 17, 18, 19, 20, 21 and the north 18 feet of Lot 22, Block 4, revised Plat of Boynton Heights, addition to the Town of Boynton Beach, Florida, according to the Plat thereof recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 10, Page 64. Less portion of land described as the east 10 feet of Lot 17 and less the north 12 feet of Lots 18, 19, 20, 21 and the north 18 feet of Lot 22 all in said Block 4, and that part of said Lots 17 and 18 which is tangent to a line 12 feet south of and parallel to the north line of said Lot 17 as deeded to the State of Florida. From: Hancock, Richard A-Greensboro,NC To: Shutt,Thuy Cc: Tack,Timothy; Utterback.Theresa; "mweiner@ssclawfirm.com"; Ken Dodge(kdodge@llw-law.com);"Kathryn Rossmell";Curfman,Vicki; Nicklien,Bonnie; Hill,Vicki Subject: RE: [EXTERNAL]RE: Boynton Beach, FL Downtown Station New Space Project Date: Tuesday,April 26,2022 1:39:15 PM Attachments: image001.ong image002.ong image003.ong image004.ong image005.ong image006.ong Hi Thuy, Good afternoon, thank you for taking the time to assist us with our search for a new Post Office location. I look forward to speaking with the Board. Per our discussion I do not have any documentation to present at this time. Please contact me with any questions or if you need additional information. Thank you, Rick Richard Hancock Real Estate Specialist USPS Facilities PO Box 27497 Greensboro, NC 27498-1103 336-665-2848 336-324-7891 (Cell) richard.a.hancock2@uapL.gov From: Shutt, Thuy<ShuttT@bbfl.us> Sent: Tuesday, April 19, 2022 3:41 PM To: Hancock, Richard A-Greensboro, NC<Richard.A.Hancock2@usps.gov> Cc: Tack, Timothy<TackT@bbfl.us>; Utterback, Theresa <UtterbackT@bbfl.us>; 'mweiner@ssclawfirm.com' <mweiner@ssclawfirm.com>; Ken Dodge (kdodge@llw-law.com) <kdodge@llw-law.com>; 'Kathryn Rossmell' <krossmell@llw-law.com>; Curfman, Vicki <CurfmanV@bbfl.us>; Nicklien, Bonnie <NicklienB@bbfl.us>; Hill, Vicki <HiIIV@bbfl.us> Subject: [EXTERNAL] RE: Boynton Beach, FL Downtown Station New Space Project CAUTION: This email originated from outside USPS. STOP and CONSIDER before responding, clicking on links, or opening attachments. Good afternoon, Rick, Per our telephone conversation today, we will be scheduling you to speak to the Board at their May 10, 2022 CRA Board meeting. The meeting starts at 5:30 pm (EST). The purpose of the meeting will be an introduction or 'Meet and Greet' with the USPS since the CRA cannot take any action at this time. I am copying Mr. Michael Weiner, the current property owner, and our attorney so they are in the loop. I understand you would like to participate virtually so we will follow up with a link and registration information once the agenda packet is published (around May 4th) If you have any supportive documents you would like for us to upload on the screen for the meeting, please forward those by noon (EST) on April 26, 2022. Vicki Curfman who is cc: on this email will be your contact for the registration link and meeting logistics. Thank you. Respectfully, Thuy S-hu'LL, AIA, FRA-RA d - 11,— 9 http://www.boyntonbeachcra.com America's Gateway to the Gulfstream " c a c nuc a ��� �c��� u . 0 a� u n� u. _ re,--or_ . � u v� u . u r 1� �c « rne vaern mu e s �.� 1 _. c.0 ,cr � .J1a rr _ ay.1 crru u. c c _ rc 1 her c rz r c r a : c r r:u -ah ,a ';O Ur eJ r a ,a c : rr r e , 1c,.- 0:UreJ. From: Hancock, Richard A-Greensboro, NC<Richard.A.Hancock2Lusas. ov> Sent: Monday, April 11, 2022 10:35 AM To: Shutt, Thuy<ShuttT anbbfl.us> Cc: Tack, Timothy<TackT anbbfl.us>; Utterback, Theresa <UtterbackT anbbfl.us> Subject: RE: Boynton Beach, FL Downtown Station New Space Project Ms. Thuy, Good morning, per our discussion I would like to present to the Board a proposal to lease the current Downtown facility. This will allow time for the Postal Service to find a new long term location after they purchase the property. We are proposing a one year lease with a 90 early termination clause at Fair Market rent which would be mutually determined. In addition we would like to propose a potential new construction leased retail facility to be completed on the property you own at 409-411 E. Boynton Beach Blvd. Please let me know when I may discuss the proposals with the Board for their feedback and to answer any questions they may have. Additional information will be provided as the new space project moves forward. Thank you for your time and consideration. Sincerely, Rick Richard Hancock Real Estate Specialist USPS Facilities PO Box 27497 Greensboro, NC 27498-1103 336-665-2848 336-324-7891 (Cell) rich ard.a.hancock2@usps. ov From: Hancock, Richard A-Greensboro,NC To: Penseraa,Ty Cc: Mack,Andrew;Shutt,Thuv Subject: Re: Boynton Beach,FL USPS New Space Project Date: Monday,April 11,2022 10:21:53 AM Mayor Penserga, Good morning, I hope this email finds you well. I am the Real Estate Specialist tasked with the relocation of the Boynton Beach Downtown Station facility. We have been in contact with Mr. Mack and Ms. Shutt regarding this project and would like to discuss the status and process of the new space project with you at your convenience. I look forward to speaking with you. Thank you, Rick Richard Hancock Real Estate Specialist USPS Facilities PO Box 27497 Greensboro, NC 27498-1103 336-665-2848 336-324-7891 (Cell) richard.a.hancock2@uapL.gov i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: June 14, 2022 OLD BUSINESS AGENDAITEM: 12.C. SUBJECT: Discussion and Consideration of Purchase and Sale Agreement for 1213 NW 4th Street, the Cherry Hill Mart SUMMARY: The property located at 1213 NW 4th Street, known as the Cherry Hill Mart, was listed for sale by the owner in the amount of $400,000 (see Attachments I and 11). On February 3, 2022, the CRA Advisory Board (CRAAB), as an assignment, motioned that the property should be pursued as a land banking opportunity(see Attachment 111). The CRA Board directed staff to order an appraisal on the property, determine if funds were available to purchase the property and discuss with CRA legal the current lease on the premises (see Attachment IV). At the May 10, 2022 CRA Board Meeting (Attachment V) the Board discussed the purchase of the property with the seller and requested if the seller would be willing to accept the appraised value ($310,000). The seller advised that the asking price of $400,000 was not negotiable. The Board advised it would be willing to pay the asking price if the property was delivered vacant. CRA staff was directed to meet with legal and bring back a Purchase and Sale Agreement for the Board's approval. Seller's attorney has reviewed and approved the Purchase and Sale Agreement as attached (attachment VI). If the CRA Board approves the Purchase and Sale Agreement it must be executed by the Chair and presented to the Seller. Under the current lease, the seller must provided the offer to the tenant who may exercise its first right of refusal within ten (10) days of receiving notification of the offer on the property. FISCAL IMPACT: FY 2021-2022 Budget, Line Item 02-58200-401, $400,000 plus closing costs CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRAAB RECOMMENDATION: Pursue the property as a land banking opportunity. CRA BOARD OPTIONS: 1. Approve the Purchase and Sale Agreement for the property located at 1213 NW 4th Street as presented. 2. Modify the Purchase and Sale Agreement for the property located at 1213 NW 4th Street and authorize the Board Chair to execute the agreement subject to final review by legal counsel. 3. Do not approve the Purchase and Sale Agreement for the property located at 1213 NW 4th Street and terminate negotiations. 4. Other options as directed by the Board. ATTACHMENTS: Description D Attachment I - Location Map D Attachment II - M LS Property Listing D Attachment III - February 3, 2022 CRAAB Minutes D Attachment IV -Appraisal D Attachment V - May 10, 2022 Meeting Item Agenda Cover D Attachment VI - Purchase and Sale Agreement ��atl ISL� j46b � Z rr � S � f dyj'a �tf SSI 1 q 5� Er i E Ott. g� . �` >s wr nnra t s v, I, U n Mi w S3: VI � r Q F 1 V U R o x a. a 1128122,2:10 PM flexmis Comm/industry Customer Report 1213 NW 4th Street,Boynton Beach,FL 33435 List Price:$400,000 List RX- Status: Active Original List 400,000 Number: 10770608 Property Desc: Convenience Food Price: Area: 4330 Mkt List Price: 400,000 Geo Area: PB12 ParcellD: 08434521140003960 Waterfront: No County: Palm Beach Multiple Ofrs Yes Zoning: R2 For Sale: Yes Acptd: For Lease: No Subdivision: CHERRY HILLS Property Desc:Convenience Food Mkt Legal Desc:CHERRY HILLS LTS 396&397(LESS N ELY CORNER FOR RD RIW) Virtual Tour:Oick to View'utas=dour Year Built: 1959 RE Taxes:5,003.67 Miles to Expressway: Built Desc:Resale Tax Year:2021 Miles to Beach: Tot Bldg SgFt: 1,452 SgFt Source:Tax Rolls Type:Retail Total Units: 1 #of Stories: 1 Acres:0.11 Baths-#Toilets: 1 #of Meters: %Air Conditioned:100 Ann Assoc/Condo Dues: Directions:Site is located on the southwest comer of NW 4th Street and NW 12th Avenue in Boynton Beach,Florida Avail Docs:None Possession:At Closing Avail Info:None Roof.Flat Tile Cooling:Central Sale Includes:Building and Land Flooring:Concrete;Vinyl Floor Type of Building:Free Standing;Income;Retail Lease:None Tenant Pays:Common Area Maint.;Electric;Sewer;Water Heating:Central Terms Considered:Cash;Conventional Location: Utilities:Electric;Public Water Land Income: Use: Retail Fire Protect:Smoke Detector Days On Market:10 Sold Price: Sold Price Sqft: Terms of Sale: Sold Date: Public Remarks:GREAT INVESTMENT OPPORTUNITY!Very busy convenience store surrounded by residential neighborhood.The business has been operating for 63 years and has established a clientele.Open 7 days a week from 7 A.M.to 11 P.M.Property is fenced in on the south and west side of the building.Replaced roof in 2020.Business and inventory not included in sale.PLEASE DO NOT DISTURB THE TENANT. Melvin Michael Wimbush Atlantic Florida Properties Inc 4455 Military Trail,#100 Jupiter,FL 33458 561-222-9247 bush0777@icloud.com License#:584728 1/28/22,2:10 PM flexmis - Bill s q x.. ,ice f�,42�+�sit�s�h 4��� �- x�3 �.�{�Psi-, .i }.�� .,�,is 3,,_. {�\�.r:•. i i I R } r � ar t,. , rt �� �� 1/28122,2:10 PM flexmis kj 1c_ t v Itt` f }4 1 F P S k4 _.... ...... .., ......_....._.. Information is deemed to be reliable,but is not guaranteed.©2022 MLS and FBS.Prepared by Melvin Michael Wimbush on Friday,January 28,2022 2:10 PM.The information on this sheet has been made available by the MLS and may not be the listing of the provider. Meeting Minutes Community Redevelopment Agency Advisory Board Page 2 February 3, 2022 anyone from the City to write it up and get an Engineering report. The issue in Boynton Beach is the same as Surfside. Ms. Shutt introduced and welcomed their new Assistant Director, Timothy Tack, who is a professional Engineer. He has worked in the Redevelopment field over ten years and in government over 15 years. He also worked at the Delray Beach CRA. 7. Consent A. Approval of CRA Advisory Board Meeting Minutes -November 4, 2021 MOTION Motion made by Ms. Cobb, seconded by Mr. Josemond, to approve the November 4, 2021 Minutes. In a voice vote, the motion passed unanimously. (7-0) 8. Assignments A. Pending Assignments 1. Review of Commercial Properties within the CRA Area Thuy Shutt, CRA Executive Director, explained the assignment was for this Board to look at five available properties and put them into three categories; presumed now as a land banking opportunity, presumed future date, or if it does not fit in the CRA mission. Direction was given not to consider the costs, only the property, and have discussion. The results of this meeting will be forwarded to the CRA Board at the March 9, 2021 meeting for consideration. Ms. Shutt reported that the property located at 1213 NW 4th Street is a convenience store and a non- conforming use in the R-2 Zoning District. The property is being offered at$400,000. It is under chronic nuisance review, which is a property where the owner or person responsible fails to make corrective actions, resulting in the life, quality, safety, and health of the community. There should be some pattern for repeated calls for services. This is one of those properties in which the CRA feels is a mission to eliminate slum and blight, as there are blighted conditions. There is a property owner and a tenant, so the property owner may not be the cause of this, it might be activities going on and failure to run best management practice on the site to prevent these types of uses or it could be external causes causing the nuisances to come about. Chair Gordon commented that the property almost has a 20-year lease. Ms. Skovron mentioned zoning. She did not feel the CRA District, as a community, would benefit from a store because it is in the back. Ms. Shutt stated the property will have to be rezoned because it is a non-conforming use, which means it is Commercial in a Residential Land Use. The R-2 is the Zoning District, so it is Residential Duplex, which is what would be allowed. Staff would be looking to the CRA Board for direction if they were to Meeting Minutes Community Redevelopment Agency Advisory Board Page 3 February 3, 2022 purchase the property under the right condition and at the right price; they would probably look at redevelopment to single-family or duplex, or Residential Use. Ms. Grcevic questioned how long the Business License has been in effect without interruption. Ms. Shutt replied probably since it was created or built; there has been continuous use. Ms. Grcevic asked how they could take something from someone who has a lease until 2040 and the license has never been interrupted. Ms. Shutt indicated that would be coordinated as they are doing their due diligence. The CRA staff would not recommend the Board purchase the property with the tenant; they would have to inherit a lot of issues. Chair Gordon questioned if the CRA can buy the tenant out. Ms. Shutt commented that they have not had that discussion with the owner. As they do their due diligence, they can see what their options are and it is up to the property owner to deal with the contractual obligation with the tenant,it is not something the CRA would be able to do. They can always negotiate with the CRA and the CRA Board Attorney, but this would meet the CRA mission in terms of eliminating slum and blight if the site were to be redeveloped. Ms. Grcevic asked if anyone is keeping an eye on the Business Tax to make sure they are not falling behind. Ms. Shutt stated it is monitored by the City Code, as well as Police and Fire since there is a pattern. Ms. Kelley questioned if there are liens on the property. Ms. Shutt thought as part of the chronic nuisance, there may be some liens. The Code allows the City to identify certain things it can mitigate as blighted conditions and then they enter an agreement through the Special Magistrate, who has the authority to enforce it, and the City has the authority to clean up whatever is needed and charge the property owner. Liens can be worked out or pursued on the property if things do not get corrected timely. Mr. Josemond asked if the CRA should get involved since this is business/entrepreneur related. Ms. Shutt understood several businesses have been coming in and apparently the bad elements take over. Chair Gordon questioned if the City acquired the property if any investor/entrepreneur can come in the future and build. Ms. Shutt advised the CRA could explore possibilities of what to do with the building, but it is non- conforming and does not meet setback and parking standards, so it is limited in what can be done with the Meeting Minutes Community Redevelopment Agency Advisory Board Page 4 February 3, 2022 structure and use. Normal maintenance and repairs can continue, but it cannot expand; it needs to meet Code if there are a lot of substantial improvements. The property should be Residential. Ms. Cobb commented if there is a property in the area that needs CRA assistance, this is the property. Vice Chair Cruz stated the property is not safe and it is creating issues for the City; something should be done about it. Chair Gordon thought they should pursue now as a land banking opportunity if they can get it without the tenants. Ms. Shutt stated they can make sure when they speak to the Attorney that he looks into and verifies that if they do pursue the property, it is under the condition they are not going to be dealing with the tenants. MOTION Motion was made by Ms. Cobb, seconded by Ms. Cruz, that the property located at 1213 NW 4th Street be pursued as a land banking opportunity. In a voice vote, the motion passed unanimously. (7-0) Ms. Shutt advised the property located at 2821 South Federal Highway is currently a hotel with 140 units that is being offered at$9.1 million. Many improvements need to be done, interior as well as exterior, and it is on 2.89 acres. This meets the CRA mission for redevelopment and the elimination of slum and blight. This property is a chronic nuisance. Ms. Skovron questioned if there is a height restriction. Ms. Shutt stated there was conversation about converting this to multi-family, but it would require Planning and Zoning changes because it is zoned for Commercial. Ms. Grcevic asked if there has been any interest in purchasing and redeveloping the property. Ms. Shutt indicated they have had discussions with some contractor purchasers and the valuation is that it would be cost prohibitive to buy the property for $9.1 million and then demolish it. They could submit Building permits and update the structure, which would probably be the best and quickest scenario to turn it over and start collecting revenue. They have heard some people would like to keep the property, but they have to look at the price versus what has to be put into it. Since the asking price is so high, there could be something recommended to the CRA Board should the property be sold to a new owner. A recommendation could also be to the Board to allocate funding to work with the new owner to make sure the property can be redeveloped in the right way and assistance in kind, or they can try to connect them with any available resources. They hate to offer anything if they do not know who the owner is. Ms. Skovron mentioned tax income. ANDESQN CAPD APPRAISAL OF A 1,443 SQUARE FOOT COMMERCIAL BUILDING LOCATED AT 1213 NORTHWEST 4TH STREET BOYNTON BEACH,FLORIDA 33435 FOR THERESA UTTERBACK,DEVELOPMENT SERVICES SPECIALIST BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BY ROBERT B.BANTING,MAI, SRA CERT GEN RZ4 AND BEAU M.ARNOLD CERT GEN RZ2937 WITH ANDERSON&CARR,INC. 521 SOUTH OLIVE AVENUE WEST PALM BEACH,FLORIDA 33401 DATE OF INSPECTION: MARCH 30,2022 DATE OF REPORT: APRIL 11,2022 CURRENT DATE OF VALUE: MARCH 30,2022 A&C JOB NO.: 2220140.000 CLIENT REFERENCE: 1213 NORTHWEST 4TH STREET/CHERRY HILL MINI MARKET ANDEPSON CAPD APPRAISERS-REALMRS•CONSULTANTS-DEVELOPERS April 11, 2022 Theresa Utterback Development Services Specialist Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue,4"Floor Boynton Beach, FL 33435 Dear Ms. Utterback: Pursuant to your request, we have personally appraised the real property being a 1,443 square foot commercial building located on a 4,967 square foot site. The building is single-story CBS construction and was completed in 1952. It is currently tenant occupied by a convenience store operator. Upon the appraisers' on-site inspection the building appeared adequately maintained and in average condition. The subject property is located at the southwest corner of Northwest 4th Street and Northwest 12th Avenue, within the municipal limits of the City of Boynton Beach. The property address is 1213 Northwest 4th Street,Boynton Beach, FL, 33435. The convenience store includes a small kitchen area with commercial hood at the north end of the building and numerous beverage coolers as would typically be found in a convenience store such as this. The subject has a corner location which provides adequate on-site parking with 7 striped and bumpered spaces, including one handicapped space that are located on the east and north sides of the building. We note that the subject's current use as a convenience store is not in line with the current zoning as a permitted use. The subject appears to have been grandfathered in and is considered a legal non-conforming use. The use can carry on indefinitely. However, should the use stop for 6 months or more or the business license lapse for a similar period the grandfathered status is lost and the convenience store will no longer be allowed. Also, should the property be destroyed,it would have to be rebuilt to current zoning standards,which precludes commercial uses. The purpose of this appraisal is to estimate the market value of the fee simple estate of the subject property as of March 30, 2022. The intended use of the report is to assist the client and intended user in establishing a purchase or selling price. The intended user of this appraisal report is Boynton Beach Community Redevelopment Agency. This report has been prepared for no other purpose and for use by no other person or entity than for use by the client for the purpose stated herein. Any other use of this appraisal is considered a misuse and thus the appraisers will not be held responsible for any outcome associated with use by another entity or for another purpose. We note that the subject property is currently encumbered by a lease that was signed in July 2021. The initial term is for 4 years with three 5 year auto-renewal periods for a potential total term of 19 years. We have valued the underlying fee simple estate and have not analyzed the impact on value the lease could have or what it might cost to buy out this lease. •ESTABLISHED 1947. ANDERSON&CARR INC. • 521 S OLIVE AVE.,4V,PALM BEACH,FL 33401 • 561.833.1661 • ANDERSONCARR.COM ANDERSON CARR Theresa Utterback Page 2 April 11, 2022 We have utilized the sales comparison approach to value, the most common method used for valuing properties such as the subject property. The global outbreak of a "novel coronavirus" known as COVID-19 was officially declared a pandemic by the World Health Organization (WHO). It is currently unknown what the final effect this event may have on the national economy, the local economy or the market in which the subject property is located. The stock market responded negatively at first but has recovered. The real estate market is much slower to react and different segments of the market appear to have been affected in different ways. For example, retail store sales and the lodging industries appear to have been adversely affected while the local industrial and residential markets seem to have been mostly unaffected and are experiencing unprecedented growth at this time. We have attempted to take this into consideration in this report. The reader is cautioned that the conclusions presented in this appraisal report apply only as of the effective date(s)indicated. As a result of our analysis,we have developed an opinion that the market value of the fee simple estate (as defined in the report), subject to the definitions, certifications, and limiting conditions set forth in the attached report, as of March 30, 2022 was: CURRENT MARKET VALUE (AS-IS): $310,000 The following presents our analysis and conclusions in a narrative appraisal report. This letter must remain attached to the report,which contains 60 pages plus related exhibits,in order for the value opinion set forth to be considered valid. Your attention is directed to the General Limiting Conditions contained within this report. Respectfully submitted, ANDERSON& CARR, INC. Robert B.Banting, MAI, SRA Cert Gen RZ4 Vi Beau M.Arnold Cert Gen RZ2937 RBBBMA:cmp 1213 Northwest 4th Street/Cherry Hill Mini Market A&C Job No.: 2220140.000 ANDERSON CARR TABLE OF CONTENTS Page No. Summary of Important Facts and Conclusions......................................................................................................1 Certification..............................................................................................................................................................3 GeneralLimiting Conditions...................................................................................................................................4 Extraordinary Assumptions.....................................................................................................................................6 HypotheticalConditions..........................................................................................................................................6 Area/Location Maps.................................................................................................................................................7 AerialPhotographs...................................................................................................................................................8 Subject Property Photos (Taken March 30, 2022)...............................................................................................10 Purposeand Date of Value ...................................................................................................................................17 PropertyAppraised................................................................................................................................................17 LegalDescription ...................................................................................................................................................17 Disclosureof Competency.....................................................................................................................................17 IntendedUse and User..........................................................................................................................................17 Client........................................................................................................................................................................17 Definitions...............................................................................................................................................................18 Personal Property, Furniture, Fixtures and Equipment......................................................................................18 PropertyRights Appraised....................................................................................................................................18 TypicalBuyer Profile..............................................................................................................................................18 Scopeof Assignment..............................................................................................................................................18 Palm Beach Metro Area Summary.......................................................................................................................21 Conclusion...........................................................................................................................................................29 NeighborhoodSummary........................................................................................................................................30 PropertyData..........................................................................................................................................................32 TaxpayerOf Record...........................................................................................................................................32 Palm Beach County Property Control Number(S)..........................................................................................32 Assessed Value and Taxes for 2021 ..................................................................................................................32 CensusTract........................................................................................................................................................33 FloodZone Designation....................................................................................................................................34 Zoningand Future Land Use............................................................................................................................35 Concurrency........................................................................................................................................................35 Utilities................................................................................................................................................................35 SubjectProperty Sales History..........................................................................................................................36 SiteAnalysis........................................................................................................................................................36 SiteImprovement Analysis................................................................................................................................37 Building Improvement Analysis........................................................................................................................37 Building Area Calculations/Floor Plan...........................................................................................................38 HighestAnd Best Use............................................................................................................................................40 ExposureAnd Marketing Time.............................................................................................................................41 SalesComparison Approach.................................................................................................................................42 Sales Summary and Discussion..........................................................................................................................57 Conclusion...........................................................................................................................................................60 Qualifications for Robert B. Banting, MAI, SRA, Cert Gen RZ4 Qualifications for Beau M.Arnold, Cert Gen RZ2937 Addendum: Ak 1213 Northwest 4th Street/Cherry Hill Mini Market A&C Job No.: 2220140.000 ANDESQN CAPD SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS Client: Theresa Utterback, Development Services Specialist Boynton Beach Community Redevelopment Agency Intended User Boynton Beach Community Redevelopment Agency Intended Use: Acquisition by a public agency Taxpayer of Record: Alberta Bell Living Trust Property Rights Appraised: Fee simple estate Extraordinary Assumptions: None Hypothetical Conditions: None Unusual Market Externality: Covid-19 Pandemic Project Location: Site is located at the southwest corner of Northwest 4th Street and Northwest 12th Avenue, within the municipal limits of the City of Boynton Beach. Site/Land Area: The subject site contains 4,967 square feet or 0.11 acres. Improvements: Year Built: 1959 Condition: Average Building Size: 1,443 square feet FAR: 0.29 Zoning: R2 Duplex(10 DU/Acre)by Boynton Beach Land Use Plan: MEDR - Medium Density Residential by Boynton Beach Flood Zone&Map Reference: Zone X (unshaded), Community Panel Number 12099C0787F, effective date of October 5, 2017 Census Tract: 0061.00 Current Use: Convenience store Highest and Best Use: Commercial 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 1 ANDESQN CAPD Exposure Time: 6 to 12 months Marketing Time: 6 to 12 months Estimated Property Values: Value via Cost Approach: N/A Value via Income Capitalization Approach: N/A Value via Sales Comparison Approach: $310,000 CURRENT MARKET VALUE (AS-IS): $310,000 Date of Inspection: March 30, 2022 Date of Report: April 11, 2022 Date of Value: March 30, 2022 Appraisers: Robert B.Banting, MAI,SRA Cert Gen RZ4 Beau M.Arnold Cert Gen RZ2937 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 2 ANDESQN CAPD CERTIFICATION I certify that,to the best of my knowledge and belief: The statements of fact contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported general limiting conditions, and are my personal,impartial, and unbiased professional analyses,opinions,conclusions, and recommendations. I have performed no services, as an appraiser or in any other capacity,regarding the property that is the subject of this report within the three year period immediately preceding acceptance of this assignment. I have no present or prospective interest in the property that is the subject of this report, and I have no personal interest with respect to the parties involved. I have no bias with respect to any property that is the subject of this report or to the parties involved with this assignment. My engagement in this assignment was not contingent upon developing or reporting predetermined results. This appraisal assignment was not based on a requested minimum valuation, a specific valuation,or the approval of a loan. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics & Standards of Professional Appraisal Practice of the Appraisal Institute,which include the Uniform Standards of Professional Appraisal Practice. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. Beau M. Arnold and Robert B. Banting, MAI, SRA have made a personal interior and exterior inspection of the property that is the subject of this report. As of the date of this report, Robert B. Banting, MAI, SRA has completed the continuing education program of the Appraisal Institute. No one provided significant real property appraisal or appraisal consulting assistance to the person signing this certification. Robert B. Banting,MAS, SRA Beau M.Arnold Cert Gen RZ4 Cert Gen RZ2937 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 3 ANDESQN CAPD GENERAL LIMITING CONDITIONS 1. Unless otherwise stated, the value appearing in this appraisal represents our opinion of the market value or the value defined as of the date specified. Values of real estate are affected by national and local economic conditions and consequently will vary with future changes in such conditions. 2. Possession of this report or any copy thereof does not carry with it the right of publication nor may it be used for other than its intended use. The physical report(s) remains the property of the appraiser for the use of the client. The fee being charged is for the analytical services only. The report may not be copied or used for any purpose by any person or corporation other than the client or the party to whom it is addressed, without the written consent of an officer of the appraisal firm of Anderson & Carr, Inc. and then only in its entirety. 3. Neither all nor any part of the contents of this report shall be conveyed to the public through advertising, public relations efforts, news, sales or other media without written consent and approval of an officer of Anderson & Carr, Inc. nor may any reference be made in such public communication to the Appraisal Institute or the MAI, SRA or SRPA designations. 4. The appraiser may not divulge the material contents of the report, analytical findings or conclusions, or give a copy of the report to anyone other than the client or his designee, as specified in writing except as may be required by the Appraisal Institute, as they may request in confidence for ethics enforcement or by a court of law or body with the power of subpoena. 5. Liability of Anderson & Carr, Inc. and its employees is limited to the fee collected for the appraisal. There is no accountability or liability to any third party. 6. It is assumed that there are no hidden or unapparent conditions of the property, sub-soil, or structures which make it more or less valuable. The appraiser assumes no responsibility for such conditions or the engineering which might be required to discover these facts. 7. This appraisal is to be used only in its entirety. All conclusions and opinions concerning the analysis which are set forth in the report were prepared by the appraisers whose signatures appear on the appraisal report. No change of any item in the report shall be made by anyone other than the appraiser and the appraiser and firm shall have no responsibility if any such unauthorized change is made. 8. No responsibility is assumed for the legal description provided or other matters legal in character or nature, or matters of survey, nor of any architectural, structural, mechanical, or engineering in nature. No opinion is rendered as to the title which is presumed to be good and merchantable. The property is valued as if free and clear of any and all liens and encumbrances and under responsible ownership and competent property management unless otherwise stated in particular parts of the report. 9. No responsibility is assumed for accuracy of information furnished by or from others, the clients, their designee, or public records. We are not liable for such information or the work of subcontractors. The comparable data relied upon in this report has been confirmed with one or more parties familiar with the transaction or from affidavit when possible. All are considered appropriate for inclusion to the best of our knowledge and belief. 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 4 ANDESQN CAPD 10. The contract for appraisal, consultation or analytical service is fulfilled and the total fee payable upon completion of the report. The appraiser or those assisting the preparation of the report will not be asked or required to give testimony in court or hearing because of having made the appraisal in full or in part; nor engaged in post-appraisal consultation with client or third parties, except under separate and special arrangement and at an additional fee. 11. The sketches and maps in this report are included to assist the reader and are not necessarily to scale. Various photos, if any, are included for the same purpose and are not intended to represent the property in other than actual status as of the date of the photos. 12. Unless otherwise stated in this report, the appraisers have no reason to believe that there may be hazardous materials stored and used at the property. The appraiser, however, is not qualified to detect such substances. The presence of substances such as asbestos, urea-formaldehyde foam insulation or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field,if desired. 13. If applicable, the distribution of the total valuation of this report between land and improvements applies only under the existing program of utilization. The separate valuations for land and building must not be used in conjunction with any other appraisal, no matter how similar and are invalid if so used. 14. No environmental or impact studies, special market studies or analysis,highest and best use analysis study or feasibility study has been requested or made unless otherwise specified in an agreement for services or in the report. Anderson & Carr, Inc. reserves the unlimited right to alter, amend, revise or rescind any of the statements, findings, opinions, values, estimates or conclusions upon any previous or subsequent study or analysis becoming known to the appraiser. 15. It is assumed that the property is in full compliance with all applicable federal, state, and local environmental regulations and laws unless the lack of compliance is stated, described, and considered in this appraisal report. 16. The value estimated in this appraisal report is gross without consideration given to any encumbrance, lien, restriction, or question of title, unless specifically defined. The estimate of value in the appraisal report is not based in whole or in part upon the race, color, or national origin of the present owners or occupants of the properties in the vicinity of the property appraised. 17. It is assumed that the property conforms to all applicable zoning, use regulations, and restrictions unless a nonconformity has been identified, described, and considered in this appraisal report. 18. It is assumed that all required licenses, certificates of occupancy, consents, and other legislative or administrative authority from any local, state, or national government or private entity or organization have been or can be obtained or renewed for any use on which the opinion of value contained in this report is based. 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 5 ANDESQN CAPD 19. It is assumed that the use of the land and improvements is confined within the boundaries or property lines of the property described and that there is no encroachment or trespass unless noted in the report. 20. This appraisal report has been prepared for the exclusive benefit of the client and intended users, Boynton Beach Community Redevelopment Agency. This report has been prepared for no other purpose and for use by no other person or entity than for use by the client for the purpose stated herein. Any other use of this appraisal is considered a misuse and thus the appraisers will not be held responsible for any outcome associated with use by another entity or for another purpose. 21. The global outbreak of a "novel coronavirus" known as COVID-19 was officially declared a pandemic by the World Health Organization (WHO). It is currently unknown what the final effect this event may have on the national economy, the local economy or the market in which the subject property is located. The stock market responded negatively at first but has recovered. The real estate market is much slower to react and different segments of the market appear to have been affected in different ways. For example, retail store sales and the lodging industries appear to have been adversely affected while the local industrial and residential markets seem to have been mostly unaffected and are experiencing unprecedented growth at this time. We have attempted to take this into consideration in this report. The reader is cautioned that the conclusions presented in this appraisal report apply only as of the effective date(s) indicated. 22. The Americans with Disabilities Act (ADA) became effective January 26, 1992. The appraisers have not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this fact could have a negative effect upon the value of the property. Since the appraisers have no direct evidence relating to this issue, possible non-compliance with the requirements of the ADA in estimating the value of the property has not been considered. 23. ACCEPTANCE OF, AND/OR USE OF THIS APPRAISAL REPORT CONSTITUTES ACCEPTANCE OF THE PRECEDING CONDITIONS. EXTRAORDINARY ASSUMPTIONS No Extraordinary Assumptions were utilized in the preparation of this appraisal. HYPOTHETICAL CONDITIONS No Hypothetical Conditions were utilized in the preparation of this appraisal. 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 6 ANDESQN CAPD AREA/LOCATION MAPS Ropl Mrn�—h - wsdc te�� i�lm seach ... hay..h,11 L n 1 hee Weilinglorv' ane nor Palm sprang, 4, .i rc 5reenecres f �{�{� �y a L ke Y.V lJF11 . •. Fsu Property k� t3na, HYa '' 12'13 H W 4th St B Yntae =�i=. B I;F133d35 i haul lei N511 `0. Yb ee 5�fu4� Gn91 . „. ��� GUNRrpdYn FlgrYaar i 41 i �elray Rzad2 ' S r�4r-melleuc �vr BpC3 Rd100 I �6 3 � 42Yf41'a tJ.x •Y,II { � �rt r 59 r, ` NY l.r hve m z �' rn r n � r _ 1 T C 1 Nva,. Inc L f9 i EP h _ Subject Property a of i 1213 NW 4th SR Belch,€&33435 t.2' z NI I-11 r _ v. z m "6 s , t 1 .uTt s„ 3 li< lay 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 7 ANDESQN CAPD AERIAL PHOTOGRAPHS } St2 jkjt iRi } � i'fldi�Ct Mu NW,raahave, —NW1amAve k , NSA �t 4 rE I I NW 72Ah s e .NW 73th Ave , NW 71 di'Ave � 'q NW'11ih�Ave ��� r § Subject Property k P F� � " W,MarCin l:ulfecr,K3 rig Jr[�IVQ ""' --W Hardin Luther:King.Jr..Blvc4 _ ---_�� , 15 „ds , S 6[B Ave " c§ -s � MW&ih Ave ✓, r N Ds ,err s f2fh Avs "". NW12th Ave N W°12?h.Avs ry S 2 ! r� s } { Subject Property } �1 � ,t fU " his ( 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 8 ANDESQN CAPD t5 She Subject Property 4 t S i u. r f 3 r l Looking south (photo dated 2-9-2020) ii SS tII f i t�A ti Subject Property z 41, s - - \\ s us s Looking west(photo dated 2-9-2020) 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 9 ANDESQN CAPD SUBJECT PROPERTY PHOTOS (TAKEN MARCH 30,2022) ! F Subject looking west from Northwest 4"Street t �u r w, a, t Looking south on Northwest 4"Street, subject is on the right 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 10 ANDESQN CAPD j � 'toff 5 Looking west on Northwest 12"Avenue, subject is on the left �E i - Subject looking southwest from the intersection of Northwest 12"Avenue and Northwest 4"Street 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 11 ANDESQN CAPD 1 #t t J- } I)t{ T North side looking south . �- t �i'�S i 1 � dip{•,` ��. a r I Rear of subject building looking south 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 12 ANDESQN CAPD i WRI lilt l Air Ila1"Ity1� vi�. -- ! 2 s iJ 6 t�x1 t! n 2 � ^,k4 1� ) ,t t, i } f 1 y-2 �fk North side looking west V. th� 1� I Ln ti s Ili P, ff �t v1'3 w +4a; s f ski 1��w y Retail area 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 13 ANDESQN CAPD .m Retail area }� fifty f {il F� i Y i Kitchen area 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 14 ANDESQN CAPD ti MCF#a .itm' j i Retail area - F Walk-in cooler entrance and storage area 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 15 ANDESQN CAPD stt, Restroom z�2u S Sales counter 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 16 ANDESQN CAPD PURPOSE AND DATE OF VALUE The purpose of this appraisal is to estimate the market value,fee simple estate, of the subject property as of March 30, 2022. PROPERTY APPRAISED The subject is a 1,437 square foot commercial building located on a 4,967 square foot site. The building is single-story CBS construction and was completed in 1952. It is currently tenant occupied by a convenience store operator. Upon the appraisers' on-site inspection, the building appeared adequately maintained and in average condition. The subject property is located at the southwest corner of Northwest 4th Street and Northwest 12th Avenue, within the municipal limits of the City of Boynton Beach. The property address is 1213 Northwest 4th Street, Boynton Beach, Florida 33435. LEGAL DESCRIPTION The legal description for the subject property was taken from a survey provided by the property owner, a copy of which is provided in the addendum of this report. Lots 396 and 3970 Cherry Hills, a subdivision located in Sections 21, Township 4 , Range 4 , Town of Boynton, according to the plat thereof on file in the office of theClerk of the Circuit Court of Palm Beach County, in Plat Book 4, Page 5B. DISCLOSURE OF COMPETENCY Per the Competency Rule contained within the Uniform Standards of Professional Appraisal Practice, the appraisers hereby affirm that they are competent to complete the appraisal assignment for which they have been engaged by the client. INTENDED USE AND USER The intended use of this report is to assist the client and intended user in acquisition by a public agency. The intended user of the report is Boynton Beach Community Redevelopment Agency. This report has been prepared utilizing generally accepted appraisal guidelines, techniques, and methodologies as contained within the Uniform Standard of Professional Practice (USPAP), as promulgated by the Appraisal Foundation. CLIENT Ms. Theresa Utterback Development Services Specialist Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue,4"Floor Boynton Beach, FL 33435 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 17 ANDESQN CAPD DEFINITIONS Market Value The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently, knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) Buyer and seller are typically motivated; (2) Both parties are well informed or well advised, and acting in what they consider their own best interests; (3) A reasonable time is allowed for exposure in the open market; (4) Payment is made in terms of cash in U. S. dollars or in terms of financial arrangements comparable thereto; and (5) The price represents normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. (Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) and the Interagency Appraisal and Evaluation Guidelines, Federal Register, Volume 75, No. 237, December 10, 2010). PERSONAL PROPERTY,FURNITURE,FIXTURES AND EQUIPMENT This appraised value does not include the personal property, furniture, fixtures, and equipment (FF&E), if any, used in the operation of the intended use of the property. PROPERTY RIGHTS APPRAISED The property rights appraised are those of the fee simple estate. Fee simple estate is defined as absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain,police power, and escheat (The Dictionary of Real Estate Appraisal, 6th ed., Chicago: Appraisal Institute, 2015). TYPICAL BUYER PROFILE We found that buyers of similar properties in this market are most often purchased by owner/users. The sales comparison approach most closely reflects the actions of typical buyers for this type of property. SCOPE OF ASSIGNMENT The traditional appraisal approaches include the cost approach, the sales comparison approach, and the income capitalization approach. We have considered all three approaches in this assignment, and determined the sales comparison approach to be applicable in this assignment. The cost approach is based on the principle of substitution, i.e. a buyer would pay no more for a property than the cost of acquiring a like site and constructing improvements with the same utility. This approach is most applicable when improvements are new and represent the highest and best use of the property and for special purpose properties when no comparisons are available. The older the improvements, however, the less reliable the approach becomes, due to the difficulty in estimating and supporting depreciation for older improvements.The subject was built in 1959 and has average depreciation. 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 18 ANDESQN CAPD Depreciation is difficult to isolate and quantify in older buildings and this limits the reliability of the cost approach. The cost approach was not developed because it was not considered necessary for credible assignment results, given the intended use of the appraisal. It is the appraiser's view that a buyer in the case of the subject would not make a purchase decision based on a cost analysis. The appraisers have found that the main method of analysis for properties like the subject property is the sales comparison approach to value. Participants in the market are overwhelmingly owner users and do not make purchase decisions based on an income analysis of the real estate, but rather as it pertains to the suitability of the real estate to the operation of their business. Hence, the appraisers have not utilized an income approach herein. In the process of gathering data for the sales comparison approach to value, we conducted a search of our appraisal files and public information sources such as the Palm Beach County Property Appraiser's public access system and the Palm Beach County Clerk's Office, as well as subscription-based information services such as CoStar.com for comparable sales in the relevant market area. We searched for the most similar sales to the subject property. The sales ultimately selected for further analysis were the best comparable sales we were able to find in this market. We obtained and verified additional information on the comparable properties with a party to the transaction, or a broker or agent of the parties when possible. We inspected the interior and exterior of the subject property. Physical data pertaining to the subject property was obtained from an inspection of the premises and public information sources such as the Palm Beach County Property Appraiser's records. Other data pertaining to the subject property was obtained from the Palm Beach County Clerk's and Tax Collector's offices and local planning and zoning departments. The product of our research and analysis is formulated within this report for analysis of and direct comparison with the subject property being appraised. Additionally, we have used original research performed in preparation of other appraisals by this office, which is considered appropriate for the subject property. We make no warranty as to the authenticity and reliability of representations made by those with whom we verified sales, rental, and other information. We have taken due care in attempting to verify the data utilized in this analysis. We based our analysis and conclusions on overall patterns rather than on specific representations. Per USPAP Standard Rule 2-2 this analysis is an Appraisal Report presented in written format. The analysis and conclusions of this appraisal assignment are presented in a narrative appraisal report. 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 19 ANDESQN CAPD CRE HAS BIGGEST-EVER SALES QUARTER More than$19313 in commercial real estate traded hands in Q3 Investors purchased $193 billion in commercial real estate during the third quarter, marking a reported record that surpassed pre-pandemic spending by 19%. Apartment buildings, life-science labs, and industrial spaces to support the e-commerce boom drove the record period, according to data from Real Capital Analytics reported by the Wall Street Journal. The report notes sales of the properties surged so much, they canceled out shrinking office and retail markets and defied dire predictions of the sector's crash. The record period is part of a record year for the sector. The Journal reports sales in the first nine months of the year hit $462 billion, 10 percent more than the same time in 2019 and the highest of the same period from any other year. Investors in commercial real estate previously outpaced pre-pandemic figures in the second quarter, spending $144.7 billion. This marks almost triple the purchases in 2020, but $50 billion less than the most recent purchases. Data and analytics firm Green Street's index for tracking property owned by REITs also showed a surge in activity. According to the Journal, the index is up almost 22 percent from its pandemic nadir and 8 percent from pre-pandemic times. The boom is largely fueled by investors snagging a large number of single properties in a multitude of deals, rather than previous booms featuring plentiful portfolio sales, or sales of entire companies. Green Street data show the hot commercial real estate market is being paced by industrial real estate and the multifamily market. The Journal reports that the industrial market has soared 41 percent in value since before the pandemic,while the multifamily market has seen a 19 percent increase in value. The industrial market hit several records in the last quarter, including an all-time low in vacancy and record highs in net absorption and average asking rents. In addition to new deals, developers in the space are setting records this year.A record 521.4 million square feet of space was under construction in the third quarter and approximately 340 million square feet is slated for delivery this year. However, the surges in activity aren't being felt universally across all parts of the industry. According to Green Street data, the value of shopping malls are down 13 percent during the pandemic, while the values of hotels have dropped 4.2 percent and office buildings have dropped 5.6 percent. Source:The Real Deal,October 27,2021 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 20 ANDESQN CAPD PALM BEACH METRO AREA SUMMARY M A R T I St.Lucie Gana! - Hobe Sound t ]08' Ind antoSJq 6 L A D E S ms-m m mmmrm-m ar,d � t#edtd nmaa ms mmmm'mmm ' �.� wrt?k 2 V io, Y � �r; tltil P4lnEo x � . a i ' gFahokee _ I edC�r't F%i ri .( s 850 ,4 aPsrk v LI _ raar l'1A]81111 Be h , a`= L809 yy�4{ 66 r H - " �nP� oa �Be h •A ! J 7.,N I r c - - gy �27'. IlBella Glade *1 '—" Ittl�¢dtlfi I 1964h Eay 'rr Wellingtrl BSP Pam `� a o ( s Lai@Wo .. .. ., a - —F L R.'I'U A P A L M B, A G H _ r •r g eoz, 1 a i an H E N D R Y m- AAhu'r R.)M.,hall Lnxehatehee, nal $u�i ' :Mldlde Re(p9e r m 4� a a T h e Z E u eaaa ��P- �e§WIt s' �m m n ap„a,Ammrwm®n ama ,mss�$ saeeUl-,I'll, , i. i ,. .. - �Rlit P rklantl B& Cypress Ind—Regefaati n v869 �' aldl Btor4 5p ngs - . o r , _ } � � ,aaa� Po pannQes�plut�nisods 'r r Lv rglades Wddlde°Manag ellt.Area Nlsrgate 'C 4 Cees' ` FI rd Stale' " North L tlertlaleo r: C P L L E R.. Ncr� ukee ( y.E R Q 4' R 0pn#eat'hit ENO Cypress - Ir�dran amara gat onal P—pir.e,ar "Regie uatmn nrk IXskland$X�rk' AAJ Geography Palm Beach County is located along Florida's Southeast coast. It is bordered by Martin County to the north, Hendry and Glades Counties to the west, Broward County to the south and the Atlantic Ocean to the east. The northwestern portion of the county is made up of Lake Okeechobee, the largest freshwater lake in Florida. The county is located approximately 80 miles north of Miami and 260 miles south of Jacksonville. Palm Beach County encompasses approximately 2,203 square miles with roughly 1,974 square miles of land area, 229 square miles of water, and 47 miles of coastline. According to the U.S. Census Bureau's 2015 estimate, Palm Beach County has a population of 1,422,789; an increase of 7.8 percent from the 2010 census statistics of 1,320,134. The vast majority of the county's growth has been a result of in-migration from the northern states as well as from Miami-Dade and Broward Counties to the south. Palm Beach County ranks as the third most populous county in Florida behind Miami-Dade and Broward Counties. The county includes 38 incorporated municipalities; the largest of which is West Palm Beach, the county seat. Boca Raton, located at the south end of the county, is the second largest city and one of the highest income retail trade areas in the United States. Miami-Dade, Broward and Palm Beach Counties are known as the "Gold Coast". This area is approximately 110 miles from north to south,but only 20 miles wide at its widest points. This is the second longest urbanized area in the United States,just behind the New York Metropolitan area. 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 21 ANDESQN CAPD Transportation Vehicular Travel Interstate 95 is a major north/south thoroughfare that connects Palm Beach County to the southeastern and northeastern portions of the state, and then continues along the Eastern Seaboard to Maine. Florida's Turnpike also passes through the county and provides connections to Miami-Dade and Broward Counties to the south and Orlando to the north, connecting with I-75 around Leesburg, FL. Other north/south highways include AIA, U.S. Highway 1, Congress Avenue, Military Trail and U.S. 441. AIA connects the coastal communities along the eastern edge of the county while U.S. 441 connects the more western communities such as Wellington and Jupiter Farms. There are numerous local east/west roadways with Southern Boulevard and Blue Heron Boulevard providing access to the most western portions of the county including Belle Glade, as well as Florida's West Coast. Airport Palm Beach International Airport (PBI) is centrally located 2.5 miles from downtown West Palm Beach and adjacent to I-95 providing air service for communities throughout Palm Beach County. PBI opened in 1988 and has expanded over the past 30 years. There are currently fourteen major airlines operating with numerous domestic flights and international flights to the Bahamas and Canada. The airport's growth necessitated a direct access overpass interchange with I-95 which significantly improved ingress and egress for the airport. Palm Beach County is also home to four commercial executive airports. Rail Service and Transit There are two main rail corridors in Palm Beach County, the Florida East Coast railway and CSX railway, partially owned by the Florida Department of Transportation to run the Tri-Rail commuter trains.AmTrak is a passenger train than runs throughout the county connecting passengers to other parts of the country. Brightline, the express intercity high-speed rail system runs service between Miami and West Palm Beach with a single intermediate stop in Ft. Lauderdale. It began service in May 2018, with an extension from West Palm Beach to Orlando via Melbourne planned to open in late 2021. Palm Tran is Palm Beach County's public transportation provider for fixed route passenger bus service. It also operates Palm Tran CONNECTION and provides paratransit services for qualified users. Local municipalities and Tri-rail provide various trolley and shuttle services throughout Palm Beach County. Port of Palm Beach and Intracoastal Waterway The Port of Palm Beach is located in Riviera Beach, FL and is an independent taxing authority district with a five-member Board of Commissioners. It has an annual cargo tonnage of 5.1 and passenger traffic of 550,000. It is the fourth busiest container port of Florida's 14 deepwater ports and 18"in the United States. Unlike most ports in the US, the Port of Palm Beach is an export port,with approximately 80% of its cargo being exported. The majority of the cargo goes to support the island nations of the Caribbean, supplying 60% of everything consumed in The Bahamas. The Intracoastal Waterway represents one of Palm Beach County's most identifiable marine destinations. Roughly 43 miles of waterway serves as a regional connector between 23 of the county's municipalities. 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 22 ANDESQN CAPD Economy At 2,000 square miles, Palm Beach County is the largest in area for the State of Florida. The county had experienced favorable demographic and economic conditions over the past five years until March 2020 with the onset of COVID-19.Although job and demographic growth had outpaced the U.S. across the board for the past several years, this area was dramatically impacted by the coronavirus pandemic which caused economic conditions to change rapidly across the world. The county's current population of 1.5 million has grown by close to 15% over the past decade, more than double the rate of the remainder of the country. In early 2020, the county's labor market had grown by 15% over the past five years. The unemployment rate according to the U.S. Bureau of Labor Statistics for November 2021 is 3.5% with an annual change of -0.9%. Palm Beach County has benefited from Florida's lack of a state income tax and post-pandemic has seen an even greater influx of wealthy individuals bring significant parts of their wealth and business to the area. The tax dynamic, combined with a very strong business services infrastructure and a large talent pool, has created more jobs, however, unemployment remains slightly higher to pre-pandemic rates. Palm Beach County's 650,000 strong labor force is service driven, with over 80% of the labor force employed in private service provision. Trade and transportation are the largest sectors with close to 20% of the county's jobs. Palm Beach County's agricultural output ranks the highest in the state nearly doubling that of Miami-Dade. It consists of over 1,400 farms with over $1 billion in sales of crops and a $10 billion economic impact. The largest employer in Palm Beach County is the Palm Beach County School Board, the tenth largest school district in the United States, with close to 23,000 employees, 197,000 students and a $4.1 billion dollar budget for the 2021-2022 school year. Palm Beach County employment by industry is shown in the following table. PALM BEACH EMPLOYMENT BY INDUSTRY IN THOUSANDS CURRENT OSS CURRENT GROWTH'.., 96 YR HISTORICAL 5 Y FORECAST indius" a�t. LQ ra tau us uwk�t us, Irl us Manufacturing 20 04 263% 3.52% 3.04% 0.59 5'% it;o Trade,Ira.nspur:rtationand UrdlHes 115 10 339% ': 25995..... iS7%..... 094%.... 05896,... 0.5d%....... Retail Trade...... 78 1 2 ',. 310% 9.8595....... 1.28% 0.44% 0.739!;,... 0.33%__.. Financial Activities 46 1.2 1.38% '. 9.55% 2.27% 1.43% 037% 0.59% Government 61 0.6 225% 2.47% 0 13'1% 0.03% 164% 0.62% Natural Resources Mining and Construction 39 IA 2 51% 320% 4.96% 2.49% 091% 064! Ed....ucatbsnand Health Services 10S 10 361% 4.20% 245% 1.6.8% 1.10%..... 10995....... Profesmnal and Business Services....... '. 119 1.3 '. 179% ': 4.42% 2.92% 1.94% 0.75% i 07°x........ information 10 0.8 8,89% 615195...... 0.96'1&...... 0.57% 1.851.. 1.28% Leasure andHosipitalbty 90 93 1360% 16.37°x... 2.30%..... 146 ....... 930% 1999'5....... Other Services.. 34 1.4 666% 5.34°k__. 1.71% 0.691% 0.45% 0.57°j5___. While jobs opportunities have returned to Palm Beach County and a growing number of people are moving to the area from other states, unemployment remains an issue as employees post pandemic choose to make career changes or work from home. Some businesses are open shorter hours or closed altogether because of a lack of employees to make operation feasible. The nation's economy continues to be affected by the coronavirus pandemic; however, economic conditions are improving. The diversity of Palm Beach County's workforce with no one industry accounting for more than 20% of the jobs has helped to insulate the market from higher losses. 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 23 ANDESQN CAPD Commercial Real Estate Industrial Leasing-Industrial vacancies in Palm Beach Metro are the lowest in South Florida and more than 100 basis points tighter than the National Index rate. Rent- Annual rent growth is 9.5%, the highest it has been in over twenty years. At $13.60/SF rents are about 40% higher than the remainder of the country. Construction-Construction in the metro added about 3 million SF since the start of 2018. Roughly 910,000 SF or 1.4% of inventory is underway and 1.7 million SF delivered over the past 12 months. Sales-Unlike other South Florida industrial markets, Palm Beach's investment activity does not appear to have been negatively impacted by the coronavirus pandemic. The metro set a record for annual transaction volume in both 2020 and 2021 with average pricing at$160/SF. Overview 12 M€3 Deliveries in SIF 12 Mo Net Absorption in SF vacancy Rate 12 Mo Rent Gromh AWIL 1 .7M Z. 3 2.6� to tf.5% Industrial vacancies In Palm Beach have come down under construction, steeply in recent quarters The vacancy rate in Palm While the influx of new supply is a concern,market Beach is one of the lowest in Florida and is more than fundamentals have held up well over the past few 100 basis points lower than the National Index rate At quarters„and strong leasing volume has led t about 2.6%,the vacancy rate is near the record low for impressive net absorption Palm Beach has also fared the market.A slowdown in development in recent years well in terms of rent growth Rent growth has slightly has helped keep the rale low,but construction activity outperformed the national average over the past few has returned in recent quarters,with 17 million SF quarters_ delivering over the past 12 months and 910,0,00 SF KEY INDICATORS Current Quarter RRA Vacamy Rate Market,Rent Availability Raft Net AbswPftn iyeeles SF th"I yrs r Logistics 42,837 849 3.2% $13.11 4.5% 49„417 9< 881,412 Specialized Industrial 11,52'7,779 1 1% $12.50 1.7% 2,996 9 9 Flex 11,536,667 2.1% $16,55 391 -- —3.536 9. 26.952 -- Historical ForeeasR irriral'rren Trends 13 MonthHistorical Average Peak Dari Trough ieei Vacancy Change IYOY`p -1.0% 5.2% 3,1% 11.1% 2999 Q4 2,5% 2917 Q4 Net Absorption SF 2-3M 663,842 1,,065,979 2.323.159 2021 Q2 (2,338,94-2) 2993 Q3 Delivenea SF 17M 510,9w 1,279 331 2,137,197 2021 Q2 29,969 201304 Rent Growth 9.5Rm 2-5% 4.7% 9.69 202104 _ -4-2% 2099 Q4 Sales Volume S607M $201 am WA $6€79 5m 202104 $35.5M 201001 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 24 ANDESQN CAPD Office Leasing- The Palm Beach office vacancy rate has compressed over the past few quarters, marking an improvement compared to the quarters immediately following onset of the pandemic. The vacancy rate of 9% is roughly equal to the metro's five-year average. Rent-Office rent growth has rebounded in Palm Beach in recent quarters immediately following the onset of the pandemic. Construction-The office pipeline has slowed considerably in Palm Beach over the past few quarters.Nearly 1.5 million SF was under construction in early 2020,but only about 420,000 SF is currently underway. Sales- Office sales volume has surged over the past few quarters, and the metro smashed its prior record for annual deal volume in 2021. Average same-store pricing has increased in recent quarters, contrary to the national trend of flat price growth. Overview 12 Me Deliveries in SF 12 Me Net Abscir0jon to SF Vacancy Rate 12 Mss gent Gro*" Office demand has improved in Palm Beach in recent Mali faces near-term uncertainty due to the pandemic, quarters after weakening due to the coronavirus Palm Beach owners are likely to remain in an pandemic.Net absorption has trended positive in each of advantageous position to push rents over the next few the past four quarters,and the metro's vacancy rate has quarters as long as recent leasing trends persist, fallen to 9.0%,which is near the market's five-year average of 9.8%.The metro has landed a handful of After slowing in 2,720 amid the coronavirus pandemic, sizable office expansions in recent quarters headlined by transaction activity has picked up since the start of 24721. New ay USA and Goldman Sachs,which each signed Deals like the January 2021 sale of Phillips Point for major deals at the brand-new 300,000-SF 360 $281.85 million and the May 2021 sale of the office Rosemary in 2021',. component of CityPlace Vilest Palm Beach for VT million,have boosted annual sales volume in Palm Owners are capitalizing on improving market conditions Reach.,Furthermore,values have appreciated here over and are raising resits again in Palm Beach County Year- the past few quarters,contrary to the national trend of over-year rent growth of 47 is far outperforming the relatively flat pricing since the start of the pandemic. national benchmark of 0.4%-Although the office sector KEY INDICATORS Current;Quarter AGA voconey Rate Me 4 Rent Ammiumbift Reto Not Ab6arption ova.-Pries ar Under &F canxtrum,"oft 4&5 Star 15 145,053 12,6% 547.79 17,8% 83,597 0 285,808 3 Star 29 335,933 8.5 535.92 10 8% 57,7781 30,000 129,811 1 2 Star 14,41 0,C37 5,9% $30,90 6,8% (498 0 Annuel Trends 12 Hoath "Wort" Purevast Puck w Trough When A-Orion Avorrgm Vacancy Ch e,(YOY) 1 6% 11,2% 8,4%. - 15.11'% 2010 Q3, 6.0% 2000 CX2 -. Net Absorption SF 1 am 553 13227 470 947 2.2, 7,492 2004 Q4 e,5 273,7 8x9' _ 2001101 Deliveries SF ._.. ...._ ......0321t _.._ 782,851 .... 4519.553 .._. 2,685,113 2008 C34 55,949 _.... 21752 032. ...... Rent GrovAh &0% 2.5% 44% 9.1 603 _ 1:% 2000 054 Sales Volume _52.38 $8771M WA $2.38� 1 -. M 2009 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 25 ANDESQN CAPD Retail Leasing- Retail vacancies have remained relatively flat in Palm Beach; however, leasing activity and net absorption have improved of late and the metro's vacancy rate of 4.3% is only slightly above where it was pre-pandemic. Rent-Retail rent growth is some of the highest in the nation. Rent growth has improved in recent quarters at 4.9% outperforming the National Index of 3%. Construction-Retail development has been elevated in Palm Beach for the past three years. Construction starts slowed in 2020,but picked up again in 2021 There is currently about 420,000 SF under construction. Sales-Retail investment has been steadily increasing in Palm Beach in recent quarters after dropping off in the early months of the coronavirus pandemic. Deal volume has picked back up over the past several quarters with average pricing of roughly$300/SF well above the national average of$230/SF. Overview 12 My Deliveries in SF 12 Mia Net Absolrpbon in SF Vacancy Rate 12 Mo Fiera Growth III AF 0% 514K 937K 43-0/OF 4*u% Palm Beach's retail market was hit hard by the initial only O.b of the metro's current Inventory,some of the effects of the coronavirus pandemic,but the metro has space underway is unleased„so neer supply should put recovered over the past few quarters_flue to some some upward pressure on the metro's vacancy rate over move-guts and the influx of new supply,themarket's the next few quarters, vacancy rate rase to about in mid-2020.However, leasing activity and net absorption have improved of Sate, lent growth has improved in recent quarters and and the metro's vacancy rate has drifted loser In recent continues to outperform the national benchmark.Annual quarters, growth of 4,9%ranks Palm Beach as one of the strongest major markets in the country in terms of rent Detail construction activity has cooled in Palm Beach growth,and the market is performing similarly to[ether since the onset of the pandemic,and there is about south Florida metros like Marini and Fort Lauderdale. 420,000 SF under constructionWhile this represents KEY INDICATORS SF cor"buodw M9a77s 9.784,3.19 4.35 $34.27 2.9% 18.259 0:; 01 �"o.w Center _ 3543.225 5.75,6 _ 3 48 _... 8.2% __. 07 0. 3 _. _. 9;Ne hbaa'.hs ad order 20,838,54a 5,9%__. 3,2873 7.2% 11 7 4757 __. 0. __. 159.478 _._ simp Cervter 5,4$447,194 4-2% 27.29 3-7%_ _.. 792 _.. 0. _ 207,079_... _.. _... General Retail 30.271.282 2,6% $29M 34% a5" 00791 _.. 0.. 233,078._. _. Other 1,379,377 1.01% $38 478.. 5,2% 0 0 2.493 da fM �5 Amulgat Tnwakmanih Forecast Pea94 VAUM T When Am-4W Avataga Vacarrvy Change('YOY) ._ -G.5% 5-7% 4.2% 8.8% 2€7907 0 1 3.4% 200601 Nei r4tbwfr,lQn SF ... _ 93741 530,888._. 551.276 1,522.528 2938 04 6A,,'""'W) 200003 De6rv+eries SF 51440. 714,073.... 056.337 _. 2,532.507 2006 624 190.804 20772 021........ Rent Gr0ra h 4.9% 1.956 3.8% 6,0%% 20017 0,1 -0 4%, 20M 022....... Sales Voltone $1..28 3651.8m... NeA 51.513 201503..... 5135,7h0 .....2009433....... 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 26 ANDESQN CAPD Multi-Family Vacanep Apartment demand has surged in Palm Beach in recent quarters, representing an impressive recovery from the effects of the pandemic. Trailing 12-month net absorption of 4,600 units is far above the metro's five-year annual average of 2,500 units. Such strong demand has helped push the market's vacancy rate to 4.0%which is far below the metro's 5-year average. Rent-Rents have skyrocketed over the past few quarters with year-over-year rent growth of 29.7% ranking Palm Beach as one of the top markets in the country. Palm Beach has outperformed the national average for rent growth by a significant margin of late and is also outpacing rent gains in Fort Lauderdale and Miami. Construction-Construction activity has ramped up in a big way over the past few quarters, as developers have looked to capitalize on strong demand and rent growth trends. Roughly 6,400 units are under construction. Sales-Sales volume has surged over the past few quarters and trailing 12-month deal volume of$3.0 billion is by far the record for the metro. Impressively,price growth has accelerated over the past few quarters and year-over-year price appreciation is far outpacing the national benchmark. Overview 12 Mo.Delivered Units 12 Me.Absorption Units Vacancy Rate 12 Mo,Asking tient Growth ni 21244 415744.070 s7% The Palm Beach apartment market took a slight hit in the apartment's here roughly 6,400 units are under months immediately following the onset of the construction across the metro„or about 8.8%of coronavirus pandemic,but demand and rent growth have inventory.Psalm Beach now has one of the largest surged over the past few quarters The metro's vacancy construction pipelines in the countryas a percent of rate has fallen considerably in recent quarters,boosted inventory..These new units should cause the market"s by record demand for apartments Owners have vacancy rate to rise and rent growth to moderate as they capitalized on the improving market conditions and have come to,market over the next several quarters. raised rents at a breakneck pace.Year-over-year recut growth of 29.7°I`,b ranks Palm Beach County as one of the Investors are pouring capital into balm Beach multifamily top major markets in the entire country for rent growth, at a record clip,and roughly$3,0 bullion worth of and nominal asking rents are now roughly 6OO)month multifamily properties has changed hands over the past higher than where they sat right before the pandemic. 12 months.Impressively,pricing has appreciated at a much taster pace than the national benchmark in recent While key Indicators are trending in the right direction in quarters,owing to the competitive investment scene and Palm Beach County,the metro is facing a significant the impressive demand and rent growth recovery in halm supply wave,as developers are rushing to break ground Beach County- on new projects to satiate the strong demand for KEY INDICATORS c _A Q..Ae, Baan. V—a R.W ✓M k v Ab two �l,:re i wl�es� vnde,C4, U.Rs U 4 8 5 SFr _. _ 327812 _4 8% _ $2,672 32 662 _. 24 _. 0 _ 5,641 3 Step... 26„874 3891 _. S2,016 ....S2,007 21... 0 _. 736. 14.2Star 13,580 .....27".,6. $1.400 ....$1397 125.. 0 50 '73” $2 Zai y3 0 a+,flu�aT 1291—n re®��.��+ Fat ,R¢,k Wb— ogk Sm1.en. AYe n "w'.—Y Change(YOY-) _3A% 7.7-A 5-5% 10.0% 200901 3_6% _. 202103 _. Ab—pdUnii`ss..... 4,574 ..._5,337 2,798 5,309 _ 202103 t277� 200603 r3ebid Ur its 2,244 1,388 3,303 3.332 _ 201803 0 201104 t3eniiished UNt... 4... 62 76.. 396 _.. 201801 0 2020 Q3 Asking R..t G—th(YGY) 297% 3.6% _. 6-3% 308% 2021.04 9% _ 200B 43 _. Cff—b—R—t G,th JYOYj.._ 30.8% .....3-6% _. 6.3% ..._32.0% 2021 44 _2.8% 2008 43 Sales Vol— $3..1B $652..1M NIA $31.B 202104 $63-9M 2007 03 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 27 ANDESQN CAPD Residential Real Estate r,. t t LI, l.t (. nil t 1t TownhoumosIciandol , . M ase s — q I Median Dur W, uthr�rt � _ III III IIi 1 i i.�. I dot fw'e�, u '�°o i`r�® �°�, 1. .' IrIII � 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 28 ANDESQN CAPD Economy DEMOGRAPHIC TREND Current Leant 12 Month Change 10 Year Change 5 Year Fortoast Demographic Category Metre us Metro us Metre us Metro u opuutabon 1,510,808 332,6117,656 0-9% 0.2% 1_2% 4.6 1.2% 0-5% Households 572„975 124,212 172 0.9% 11.2% 4.9% 4.7 1.2% 0.5% Median Household Income x;68,568 $69,324 5,2% 7.3% 3,4% 3..2% 2.7% 3,6% Labor Force 751,224 162,656,5413 6.1 1.3% 1-5% 4.5% 0_9% 4.6° Unemployment 4_8% 5.2% I3,2% -1-5% .3 5% -4.3% - Sour :Oxford Economics POPULATIONGROWTH! LABOR FORCE GROWTH INCOME GROWTH �ir i r0FF - 62 ro onEh 10 Year rwecaa t +,,rTA,�dlth '10 Yn+ar Fowast k2 Monffi 10'yea, F atu-m ch"a,on eaa.mge IF,Yrr) c'1siznym, cfixlgp 15Yr%y Chlo"(pe Champ eiSY ') Source:Gard Economics Conclusion Some of the factors that fed Palm Beach County's past growth diminished in 2007 with a decline in the national economy which included reduced home prices and high unemployment. This trend continued until the middle of 2011 when signs of stabilization began to emerge. In the fourth quarter 2011, sales activity began to show signs of recovery and a slow but steady rebound in the market continued through mid-March 2020. Drastic changes happened at this time due to the onset of the Covid-19 pandemic which forced the closing of schools, retail stores, restaurants and all non-essential businesses. As of early 2021, the availability of vaccines accelerated the economic recovery in South Florida and as of mid-2021, the market recovered to pre-pandemic levels. Due to a large influx of population from primarily the Northeast, prices have increased and the residential market is flourishing through the beginning of 2022. The outlook for Palm Beach County as compared to many other areas of the country is considered positive due to the broad employment base and desirability as a winter tourist destination. As population grows, more supporting commercial,industrial, and service development will be required. These factors, combined with a finite quantity of developable land create a positive real estate outlook for the future. 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 29 ANDESQN CAPD NEIGHBORHOOD SUMMARY I .' � .. . � k I ,E rrd s r ' CtT � iA 7 E s , �w 5 atqaway h. 19th_&6 zeII Hester)r 3 _ � 't,E ps emmun p �k _ _ !�a .E p yJ + _ E E 61 I Pafk:- 1 e— AVE ( _ � � subject X � 1213 NW 4th 5ttk ;, :1n$ t ,cE y Boynton Beach,FL 33435 tsqj h' tr AVS - , <� = ` i ,� R l lh u f I� II ..... . ► t _____ fi ,, G. # f FV on a oc Ee ,1 E NYV. E� «< u E tt ve = N� -� ; C�., �c � da MA , Sd4,! ........ The subject property is located within the boundaries of the Boynton Beach Community Redevelopment Area. The subject property is in a residential neighborhood known as "Cherry Hill"within the boundaries for the Heart of Boynton Beach District of the Boynton Beach Community Redevelopment Plan. The neighborhood is general bounded to the north by the C. Stanley Weaver Canal, I-95 to the west, N.E. 3rd Avenue to the south and the FEC rail line to the east. The area is within walking distance of the Cultural and Downtown Districts. Boynton Beach Boulevard is a primary east west commercial corridor that extends from US Highway 1 west to State Road 7. US Highway 1 to the east, along with I-95 to the west, serve as the primary north south arterials. The surrounding properties are residential in nature with single and two-family dwellings. Some multi-family housing is found closer to the major roadways such as Seacrest Boulevard and Boynton Beach Boulevard. 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 30 ANDESQN CAPD y F., t Subject Property , } � s T Heart of Boynton District Boundaries The Heart of Boynton District is a 380-acre neighborhood developed predominantly with single-family homes. A major arterial road—Seacrest Boulevard—runs through the neighborhood north/south. Martin Luther King, Jr. Boulevard, once lined with locally-owned businesses, runs east/west. There are two public elementary schools in the neighborhood, Poinciana and Galaxy. Both schools are STEM schools (Science, Technology, Engineering and Math). There are a number of parks and special use areas within the neighborhood, such as, Carolyn Sims Community Center, Galaxy Park and Scrub and Sara Sims Park as well as several neighborhood churches. The neighborhood has several parks, two public schools and numerous churches. Unfortunately, it has been the victim of disinvestment over the last 50 years. The two Census blocks of Tract 61 which encompasses this District have the lowest median household income in the city. This neighborhood has historically battled crime; however, with the implementation of the Redevelopment's Master Plan, the neighborhood should benefit and have a positive real estate outlook for the future. 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 31 ANDESQN CAPD PROPERTY DATA Taxpayer of Record Alberta Bell Living Trust Palm Beach County Property Control Number(s) 08-43-45-21-14-000-3960 Assessed Value and Taxes for 2021 The following information was taken from the Palm Beach County Property Appraiser's and Tax Collector's web sites. A rais'ais Improvements Land Total Value $84,305 $60,498 $144,803 Asssc�d and Taxable Values Assessed Value Exemption Taxable Value $144,803 $0 $144,803 ill Tars71 Ad Valorem Non Ad Valorem Total Tax $3,073 $1,931 $5,004 A typical informed buyer would recognize the possibility of a reassessment following a sale of the property and the possibility that taxes could change as a result,if the assessed value is substantially different than the true market value. Our value conclusion does not discount for any taxes owed on the property, current or delinquent. The value assumes the property is free and clear and not subject to any prior year's delinquencies or outstanding tax certificates. The appraisers strongly suggest any potential buyer, mortgagee, or other investor in the property fully investigate the tax status of the subject property with the County's Tax Collectors office. 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 32 ANDESQN CAPD Census Tract The subject property is located in census tract 0061.00. Census Tract Map -Ce=sDemographic Data ,a z 'r c <+� 1j�54t"'uyi,flf111 11�£�'t�'1S£SI£;A1 t1S�t11tgi;tl}2�S .57t1 Add.. 1213 NIP!4TH ST BOYNTOW BEACH.FL 33435 ' [- t z r55 1.158 Slate Co..(j-Tract 41424-12-099 0061 00 `v,:, l I Bl J Census Income Populatan Housing .'.'adA:v - P a _ y 1 mioaerale ... y T 1,r:z=a r £s > \Il\ t1 1 rs�l.eda❑ i _ dT-1 nm ` = y .� u d 20 9 EFIEC EsI t d PA5 lhADfnan S$f7III _ E Nid ns r y ,r 20ri �A,,ij r 47£11 1S£fi 4 S�112 t1�}31 )�' j 12� r. 2921 EMa€edT t11 Family 541.135 i.� 405608 O, .E 1`dfl 31 ++ o��,+,TIU. F S[ L 4��£1`��t 4141{ 7 £ d T015T thJitl F '11 533.803 fttA-�: \ {141111b� {4i 111}{II£! 5 T lnee F mol le�Qme 51.E 0457 oz F S Ooia1 11i��pptsy�l3�>p�£�4 i t�Gt£ijj�l£� 11 Tract Population 4046 NL 1 I hA.vc -„ T I M 7T.37 TA- Tl A,:.z 1 1 1 T N..16ThCt NE1STh,l Did,D,S F D 0Ted Uflll 122 1 t 4 F -ur,ls zae i 154Sll�1S1Y�} rrl 1 { tr j3� I'a4k RJ f � i r kr i1ThA., �)s{30t a A.e ', v d 1i111S'is Subject Property 4;���,;}4�101����" 141st %IlTh 151 - 1.iw1 .u1h=KiwJ llT ��S11SVA )$ F4£S153�1 454 Bcl'nms Beach i NL JTh4 y M r�r A.z Nr�M Md a I T tJt}} } "i{4{� < EST,+vs X41��4 1 �£k�,1��i 042412 1 EI fl iJ 1 r1?lha Ba lerd VV 1 n NE 611,Avd t£1 - .: l 1 1 r, o , 541 i 1�ii;lltr t 1 4� fU NL cr.„ ( NL m=i 74� 15, �S+S}{ 1��1} iy{\�4r�: Old Buy,l Rd t L. t, t)1�i5,(1' Z 4Th a' s duiT �� `r �S'r� +41(l1lt�iisll�Sa�2� kt£Y; Na 1SlAvc Ne✓1 la r1 1 l `t1t�� B .a 0 ., 4k� AWEo A �rS�\2r£Sr\£ ' e SIV11,t... .� .. J 1&i v 7 r 44F+S1 I12%11 � �: t1�1 E0i st 4it�ljrl S)r�1i1{�rt4£1, e-,A 4m �tr1t113�£4r��1�1ti 61;447 luZ""00c409 — g 3rsda r SL,31 d G �T ` 5,,,' 1455;�tt�£1£4p�t�S11tt1r4 59andAtr s rzz }` k11,1£11t41f{1�, i_. `-4Th Aue E4TI .e � H t ,It� A I't n Le mr 11 I1 1 u` 4 ' c ,E 71h A.eF aTh:,il 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 33 ANDESQN CAPD Flood Zone Designation The subject property is located on the National Flood Insurance Program Map on Community Panel Number 12099C0787F, effective date of October 5, 2017. The subject appears to lie in an area designated as Zone X (unshaded). Flood Zone X (unshaded)is determined to be outside the 0.2% annual chance floodplain. Flood Map National Flood Hazard Layer FIRMe t r FEW tegen� �_. PIPa 16'Yt'k1Y"&aAA'R5 g,FB R�15 taiwr-Wd3 6��'�eAM1tiL�h'aitt�t:c�6 L�aQYn pa.Aa tW P�f 4w�.&�u5esa�t Illpl Wft�k f i F6T F�'9 R5e-1'15Y9Y 1"; � ( � � i13Yh Anmmas Cram FQC®9 N �RIP.dF W1i4 tm-mm,re turas rrwd lm® ' P Yau4w C dtw #A—I M Fi—vin waw i u` t d s, A vniNln !11 ad Skmslfl ANN dua min m "i,a- bject Property sTo IFFATUM zi t i ,eww waE �fl � r a cwma�a 1 `� \ mem NttibrcAPB�Roaauaa Dipt.1 D, a—Mal, r) 4 A ,n J 7".0 OHW [mp �marcs-e�F mt>'a avamm.FEw.umm�a�n.E�mse¢Y Ntla�PoG'SM13�e'h 4�6f3eF14f $4 nnnmre n re� t i as i�ee emery �h > Eufimix,pna sur sf�.mtma k.9amnA%a.tlAX&dmfm mil lip. `Y { t, „ �•• 1 kWl"M14'4Y11'1!'Wl . "R"pymalF�41*v�sr q htl M7 sM KCkre t{aLc��4+i Iri'igg4�'bbl' F 1:6,000 as p �, ml a as mm 0 2.551 50-D fi[7,130 1,500 2,000. w omurVrscs.. flame r Wow maF7 of wol., ,rr 0M re mdleo oowoer,2020 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 34 ANDESQN CAPD Zoning and Future Land Use The subject property's use is dictated by the Boynton Beach Zoning Code and Comprehensive Plan. The Boynton Beach zoning and future land use maps indicate the subject property has a zoning designation of R2 Duplex (10 DU/Acre) with an underlying land use designation of MEDR - Medium Density Residential. The current zoning is in harmony with the future land use designation. Permitted uses under this zoning category generally include, but are not limited to; single and two-family detached dwellings; group homes; government and municipal offices and community gardens. The subject's current use as a convenience store is not in line with the current zoning as a permitted use. The subject appears to have been grandfathered in and is considered a legal non-conforming use. The use can carry on indefinitely. However, should the use stop for 6 months or more or the business license lapse for a similar period the grandfathered status is lost and the convenience store will no longer be allowed.Also, should the property be destroyed,it would have to be rebuilt to current zoning standards,which precludes commercial uses. The appraisers have not independently verified that the subject complies with current site development regulations (setbacks, site coverage, etc.). It has been assumed that by virtue of the subject's on-going use, should there be any areas of non-compliance, a variance has been issued or some other form of special exception has been made. Concurrency The strongest growth control measure ever imposed was passed by the Florida Legislature and became effective on February 1, 1990. This was mandated by Chapter 163, Florida Statutes, otherwise known as the Growth Management Law. One provision of this law is referred to as Concurrency which dramatically limits the ability to develop real property. It is basically the requirement that adequate infrastructure be available to serve new development. Eight types of infrastructure are affected including traffic, potable water, sewer, drainage, solid waste,recreation and open space, mass transit, and fire rescue. In May of 2011, House Bill 7172 amended the Growth Management act in an effort to spur economic growth through streamlining and lessening growth management controls. Transportation concurrency requirements were exempted in dense urban land areas with populations of at least 1,000 people per square mile. Also, within dense urban land areas, the DRI process has been exempted. State review of local comprehensive plans was streamlined and zoning changes are now allowed to be considered concurrently with land use plan amendments. It is the appraisers'understanding that the subject is not subject to any concurrency restrictions. Should the property be altered or redeveloped, the matter of concurrency would need to be revisited at that time. Utilities The following utilities are available to the subject property: municipal water and sewer, electricity, and telephone. 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 35 ANDESQN CAPD Subject Property Sales History The appraisers have not been provided with a title abstract on the property appraised nor have they conducted a title search of their own. The Palm Beach County Property Appraiser's records indicate that the subject property last sold on 1/9/2017 for a price of $0. This sale was recorded in Palm Beach County OR Book and Page 28841/1553. The subject property currently has an active listing in the local MLS. It was listed on January 18, 2022 at an asking price of $400,000, which amounts to roughly $278.36 per square foot of building area. The listing agent is Melvin Michael Wimbush with Atlantic Florida Properties,Inc. Site Analysis The following analysis is based upon a personal inspection of the site and Palm Beach County Public Records. Location The subject property is located at the southwest corner of Northwest 4th Street and Northwest 12th Avenue, within the municipal limits of the City of Boynton Beach. The property address is 1213 4" Street, Boynton Beach, Florida 33435. Size and Shape We have relied on the site size for the property from the appraiser's calculations based on information obtained from the Palm Beach County Property Appraiser's online public access system. The site is a roughly rectangular shaped parcel of land having roughly 50 front feet along the south side of Northwest 12th Avenue and roughly 102 front feet along the west side of Northwest 4th Street. The subject site area is approximately 4,967 square feet or 0.11 acres. Topography and Drainage The site is level and near road grade. Drainage appears to be adequate for its current use. No apparent drainage problems were noted during the inspection. However,we have not had the opportunity to visit the site during a time of heavy rainfall. It is assumed that the subject does not suffer from any detrimental drainage problems. Access Vehicle access is via Northwest 12th Avenue to the north and Northwest 4th Street to the east. 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 36 ANDESQN CAPD Easements or Encroachments Typical utility easements are believed to exist. The survey that was provided did not delineate the boundaries of any potentially detrimental easements or encroachments. The appraisers did not note any such conditions during our research and property inspection, nor did the property owner disclose any. We have no reason to believe that there are any easements or encroachments on the property that would affect its use in such a way as to have a negative impact on value. Soil/Environmental Conditions We have not been provided with nor have we commissioned a soil or sub-soil condition report. The appraisers have no reason to believe that there may be hazardous materials stored and used at the property. The appraiser, however, is not qualified to detect such substances. The presence of substances such as asbestos, urea-formaldehyde foam insulation or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field,if desired. Site Improvement Analysis Site improvements include asphalt parking lot, concrete sidewalks and some chain-link fencing. Building Improvement Analysis We have relied upon a personal inspection of the building as well as the Palm Beach County Public Records for the following building description. Year Built: 1959 Building Area: 1,443 square feet Site Area: 4,967 square feet FAR/Lot Coverage: 0.29/29 % Foundations: Concrete slab on grade Basic Construction: Concrete block Exterior Finish Stucco Roof Support/Covering: Flat roof, (the covering was not inspected; however, it is assumed to be typical built-up or membrane type covering in good working condition) Roof covering was reportedly replaced 2020. 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 37 ANDESQN CAPD Doors: Glass in metal frame main entrance door and hollow-core metal rear door Windows Fixed glass in metal frames Floors: Commercial grade vinyl Ceiling: Drop acoustic tile Interior walls: Drywall Lighting: Assumed to be adequate Electric service: Assumed adequate for the current and other typical uses Plumbing: Assumed adequate for the current and other typical uses Heating and Cooling: Central HVAC Parking: Parking appears adequate with 7 marked spaces equating to roughly Building Comments/Condition: Property appeared to be in average overall condition. No signs of any significant deferred maintenance were noted during the appraisers' inspection. Building Area Calculations/Floor Plan The appraisers have not measured the building improvements. were requested but were not made available. We have performed our analysis utilizing the following sketch based on measurements taken from the survey provided by the property owner. 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 38 ANDESQN CAPD ; 57.7' oar 9 23 AREA, CALCULATIONS SUMMARY BUILDING AREA BREAKDOWN 0 T a M"1. Ffirst Fluor 1443.3; 1993.3 !' r5t £1mOr 51-01 x: a'-5 433°5 17-5 x 57-7' 10019.B Net BUILDING Area (rounded) 1443 2 11&n (rounded) 14=43 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 39 ANDESQN CAPD HIGHEST AND BEST USE The Appraisal Institute defines highest and best use as follows: The reasonably probable and legal use of vacant land or an improved property that is physically possible, appropriately supported, financially feasible, and that results in the highest value. The four criteria the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity. Alternatively, the probable use of land or improved property—specific with respect to the user and timing of the use—that is adequately supported and results in the highest present value. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, 6th ed., Chicago: Appraisal Institute, 2015). The analysis of highest and best use normally applies these considerations in a three-step process, involving the analysis of the highest and best use of the site as if vacant, determination of the ideal improvement, and a comparison of the existing improvement with the ideal improvement, in order to estimate the highest and best use as improved. As Vacant The subject site is of sufficient size and configuration that it could physically support numerous uses, limited only by the fact that such uses must be legal, reasonable, probable, and a logical continuation of surrounding uses within the subject property's neighborhood. The subject is zoned R2 Duplex (10 DU/Acre) with a land use designation of MEDR - Medium Density Residential. Any number of single family or duplex uses would be legally possible. It is located in an area that is developed with a variety of uses. In consideration of the site's location, land use classification, zoning and surrounding uses, the highest and best use for the subject, as if vacant, would be development with some type of single family or duplex building in keeping with the zoning,land use, and neighborhood uses. As Improved In the process of researching the subject market, the appraisers have determined that the subject improvements are substantial enough and in good enough condition that they add value to the site and it would not be economically justified to remove them at the present time. In consideration of the subject's location, land use classification, zoning, surrounding uses and type and condition of current improvements, the highest and best use for the subject is the current utilization of the existing improvements. 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 40 ANDESQN CAPD EXPOSURE AND MARKETING TIME Exposure time is: 1) The time a property remains on the market; 2) The estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal; 3) A retrospective estimate based on an analysis of past events assuming a competitive and open market. Marketing time is an opinion of the amount of time it might take to sell a real or personal property interest at the concluded market value level during the period immediately after the effective date of an appraisal. Marketing time differs from exposure time, which is always presumed to precede the effective date of an appraisal. Advisory Opinion 7 of the Appraisal Standards Board of The Appraisal Foundation and Statement on Appraisal Standards No. 6, Reasonable Exposure Time in Real Property and Personal Property Market Value Opinions address the determination of reasonable exposure and marketing time. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, 6th ed., Chicago: Appraisal Institute, 2015). Financing for commercial properties appears to be readily available at this time. Most properties offered for sale have been exposed on the market for six to twelve months or longer. The CoStar Group reported the historical marketing times (exposure time) for 97 properties under 5,000 square feet in size they classify as retail in Palm Beach County from January 1, 2020 through March 30, 2022. The marketing time ranged from roughly 0.9 to 134.6 months, with an average of 12.1 months and a median of 6.8. We note that the Costar data can be skewed by many properties that were significantly overpriced by unmotivated sellers and/or were not properly marketed and languished on the market for several years. Looking at those properties that were on the market for less than three years the average falls to 7.9 months, more in line with the median. We believe if appropriately priced and marketed, the subject would sell in the lower portion of the time frame range exhibited by the CoStar data. Properly priced properties sell more quickly. Considering the preceding, as well as sales that have taken place in the local market, and assuming a prudent pricing strategy, we estimate an exposure time of 6 to 12 months. Looking forward, we feel this would be a reasonable estimate for marketing time as well. 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 41 ANDESQN CAPD SALES COMPARISON APPROACH The sales comparison approach is the process of deriving a value indication for the subject property by comparing market information for similar properties with the property being appraised, identifying appropriate units of comparison, and making qualitative comparisons with or quantitative adjustments to the sale prices (or unit prices, as appropriate) of the comparable properties based on relevant, market- derived elements of comparison. (Appraisal Institute, The Dictionary of Real Estate Appraisal, 6th ed., Chicago: Appraisal Institute, 2015.) The sales comparison approach requires that the appraiser locate recent sales of similar properties and through an adjustment process arrive at an indication of what these properties would have sold for if they possessed all of the salient characteristics of the subject property. These adjusted sales prices are then correlated into an estimate of the market value of the property via the sales comparison approach to value. A search of the Palm Beach County official records, local multiple listing service records, discussions with local brokers and appraisers and a personal inspection of the subject area produced several sales of similar type properties. The sales used in the analysis were the best comparables that we were able to verify with public records and/or a party to the transaction. The following pages feature a detailed write up of each comparable used in the analysis, a location map and summary of the selected comparable sales data, which is followed by a discussion of the pertinent adjustments and conclusion of value. 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 42 ANDESQN CAPD SALE NO. 1 - 435 West Boynton Beach Boulevard, Boynton Beach, FL 33435 AC File No.: 2220140.000 ID: 912622 rr r t. 4 t�: OR Book/Page: 31507/0852 Type: Retail Sale Status: Sale Sub-Type: Single Tenant (Retail) Date: June 5, 2020 Grantor: Marian Parsons as PR for the Estate of Richard Paul Parsons Grantee: JLG Goodtime Group LLC Legal: The North 50 feet of Lots 130 and 131 and the South 13 feet of Lot 132, Ridgewood Hills, Plat Book 23, Page 250, Palm Beach County, Florida together with the South 75 feet of Lots 130 and 131, Ridgewood Hills, Plat Book 23, Page 250, Palm Beach County, Florida (less the South 10 feet, those parcels conveyed in OR BKPG 2200/1462 and 2163/1967 and parcel 115 on FDOT R/W map section 93200-2550, sheet 6 of 10.) Folio No.: 08-43-45-21-16-000-1300 Location: Northwest corner of West Boynton Beach Boulevard and Northwest 4th Street, roughly 830 feet east of I-95, Boynton Beach Zoning: C2- Neighborhood Commercial by Boynton Beach Utilities: Municipal water and sewer, electricity, and telephone 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 43 ANDESQN CAPD Site Size: Square Feet: 14,530 Acres: 0.334 Shape: Roughly rectangular Street Frontage (Ft.1 130 Improvements: Gross Bldg.SF: 1,935 Year Built: 1966 Stories: 1 No. of Bldizs.: 1 Condition: Average to good Parkin: On-site, adequate Air Conditioniniz: Central air Construction: CBS FAR: 0.13 Use: Use at Time of Sale: Seafood market Intended Use: Commercial Highest and Best Use: Commercial Verification: Source: Tony, Costar,public records Relationship: Manager w/Frank'Seafood Market Conditions of Sale: Arm's-length Verified By: B.Arnold Date: April 3,2022 Sales History: No transactions in the previous five years Sales Price: $495,000 Price/SF Building: $255.81 Financing: $390,000 SBA loan provided by BankUnited, N.A. Comments: This is a sale from an estate to the long-time tenant of the premises; Captain Frank's Seafood Market. 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 44 ANDESQN CAPD SALE NO. 2 - 544 East Gateway Boulevard, Boynton Beach, FL 33435 AC File No.: 2220140.000 ID: 912629 OR Book/Page: 31630/1372 Type: Retail Sale Status: Sale Sub-Type: Multi-Tenant (Retail) Date: July 31, 2020 Grantor: Oak Street Partner's Properties,LLC Grantee: Chez Elda Partners Properties, LLC Legal: Lots5 and 6, Block 13, Amended Plat of Boynton Ridge, Plat Book 24, Page 28, Palm Beach County, Florida Folio No.: 08-43-45-15-07-013-0050 Location: South side of East Gateway Boulevard, roughly 400 feet west of North Federal Highway, Boynton Beach Zoning: C2- Neighborhood Commercial by Boca Raton Utilities: Municipal water and sewer, electricity, and telephone 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 45 ANDESQN CAPD Site Size: Square Feet: 10,078 Acres: 0.231 Shape: Rectangular Street Frontage (Ft.) 100 Improvements: Gross Bldg.SF: 3,060 Year Built: 1975 Stories: 1 No. of Bldgs.: 1 Condition: Average Parkin: On-site, adequate Air Conditioning: Central air Construction: CBS FAR: 0.30 Use: Use at Time of Sale: Retail Intended Use: Retail Highest and Best Use: Retail Verification: Source: John Antoine, Costar,public records Relationship: Buyer Conditions of Sale: Arm's-length Verified By: B.Arnold Date: April 7,2022 Sales History: No transactions in the previous five years Sales Price: $675,000 Price/SF Building: $220.59 Financing: $685,000 provided by Florida's Best Mortgage (This mortgage encumbered an additional property) Comments: This is a 6 unit strip-type retail center that sold to an existing tenant that operates a restaurant on-site; Chez Elda. 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 46 ANDESQN CAPD SALE NO. 3 - 4391 10th Avenue North, Palm Springs, FL 33461 AC File No.: 2220140.000 ID: 912621 }41} +a t � t k,}v ,t '4v 1 tiSlr t r �..P"Y A�F v�..=1 SS4 i\11�+f t �t- t5 tf :)} ; f rst»'.J 7 Y 1 �_1Y l�li}�I4(+l}+7 +It2J ktSN+l%11 yr Itt+Aipr sr sir -' tk vo t 4;: � s,..,.: �`,` �;♦( i. OR Book/Page: 31984/1134 Type: Retail Sale Status: Sale Sub-Type: Multi-Tenant (Retail) Date: December 2, 2020 Grantor: Juan Carlos Cordoba and Yolanda M. Cordoba Grantee: 4391 10th Avenue North LLC Legal: Lots 15 and 16, less the South 15 feet thereof, Grammes Homesites, Plat Book 21, Page 91,Palm Beach County, Florida Folio No.: 70-42-44-24-05-000-0150 Location: North side of 10th Avenue North, roughly 520 feet east of South Military Trail, Palm Springs Zoning: CG- Commercial General by Palm Springs Utilities: Municipal water and sewer, electricity, and telephone 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 47 ANDESQN CAPD Site Size: Square Feet: 11,438 Acres: 0.263 Shape: Rectangular Street Frontage (Ft.) 100 Improvements: Gross Bldg.SF: 2,070 Year Built: 1973 Stories: 1 No. of Bldizs.: 1 Condition: Average Parkin: On-site, adequate Air Conditioniniz: Central air Construction: CBS FAR: 0.18 Use: Use at Time of Sale: Commercial Intended Use: Commercial Highest and Best Use: Commercial Verification: Source: James Reed w/The Keyes Company, MLS, Costar,public records Relationship: Listing broker Conditions of Sale: Arm's-length Verified By: B.Arnold Date: April 4,2022 Sales History: No transactions in the previous five years Sales Price: $425,000 Price/SF Building: $205.31 Financing: $318,750 provided by TD Bank Comments: This is an older CBS commercial building that has been used as a cafe restaurant for the past several years. Property was listed in the local MLS on June 11, 2020 with an asking price of $500,000 and was under contract October 13,2020. Buyer is an owner user,but will lease out a portion of the building. 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 48 ANDESQN CAPD SALE NO. 4 - 931 Miner Road, Lanatana, FL 33462 AC File No.: 2220140.000 ID: 912623 110 Ili 111 ME f h OR Book/Page: 32385/0583 Type: Retail Sale Status: Sale Sub-Type: Single Tenant (Retail) Date: April 8, 2021 Grantor: Idaly Irizarry-Zayas Grantee: Max Bakery and Catering, LLC Legal: Lot 99,Tropical Terrace, Plat Book 22,Page 58, Palm Beach County,Florida Folio No.: 00-43-45-10-07-000-0990 Location: North side of Miner Road,roughly 860 feet west of South Dixie Highway, Lantana Zoning: CN-Neighborhood Commercial by Palm Beach County Utilities: Municipal water and sewer, electricity, and telephone 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 49 ANDESQN CAPD Site Size: Square Feet: 5,502 Acres: 0.126 Shape: Rectangular Street Frontage (Ft.) 50 Improvements: Gross Bldg.SF: 416 Year Built: 1950 Stories: 1 No. of Bldizs.: 1 Condition: Average to below average Parkin: On-site, adequate Air Conditioniniz: Wall unit(s) Construction: CBS FAR: 0.08 Use: Use at Time of Sale: Vacant Intended Use: Convenience store Highest and Best Use: Commercial Verification: Source: Herman Chang w/Premier Brokers International via MLS,public records Relationship: Listing broker Conditions of Sale: Arm's-length Verified By: B.Arnold Date: April 4,2021 Sales History: No transactions in the previous five years Sales Price: $105,000 Price/SF Building: $252.40 Financing: $65,000 balloon financing with a two-year term provided by the Gerald Hertz Revocable Trust Comments: This property sold vacant, but was previously operated as a convenience store. As of site visit 4/3/2022 the property was being operated as Max Neighborhood Grocery Store. Property was listed in the local MLS on 12/02/2019 with an asking price of$139,900 and went under contract on 2/26/2021. 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 50 ANDESQN CAPD SALE NO. 5 - 701 W. Lantana Road, Lake Worth, FL 33462 AC File No.: 2210613.00 ID: 912420 t\ fi' p z t = t t 1 OR Book/Page: 33104/01637 Type: Retail Sale Status: Sale Sub-Type: Single Tenant (Retail) Date: November 29, 2021 Grantor: Karen L. Whetsell Grantee: Midas Jewelry Inc. Legal: Lot 24 (LESS RETURN CURVE AREA AS IN OR2669P341) & Lot 25, Tract 4, Mantyharju, Plat Book 20, Page 86, Palm Beach County, Florida Folio No.: 40-43-44-34-09-004-0240 Location: The Northwest corner of Lantana Road and North 7th Street. Zoning: C1 - Commercial General by City of Lantana Utilities: Municipal water and sewer, electricity, and telephone 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 51 ANDESQN CAPD Site Size: Square Feet: 11,326 Acres: 0.260 Shape: Rectangular Street Frontage (Ft.) 205 Improvements: Gross Bldg.SF: 2,035 Year Built: 1968 Stories: 1 No. of Bldgs.: 1 Condition: Average Parkin: On-site,with 10 spaces Air Conditioning: Central air Construction: CBS FAR: 0.18 Use: Use at Time of Sale: service shop-dry cleaning business Intended Use: as used Highest and Best Use: service shop Verification: Source: Deed,Ahmed Abdeldayem,broker Keller-Williams Realty Relationship: Listing Broker Conditions of Sale: Arm's-length Verified By: R. Saar Date: January 11, 2022 Sales History: No transactions in the previous five years Sales Price: $466,000 Price/SF Building: $228.99 Financing: Cash to seller Comments: 1 story retail commercial structure used as a dry-cleaning establishment. 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 52 ANDESQN CAPD Comparable Sales Locations Maps Haim beacn zoo Conservation Society CD keeheelee Pine Air Park D Acacia Villas Lake Clarke . Shares Phipps Ocean Park ,pa Springs Skate Zone Fun Depot Creenacres saz Lake Worth (ED Lake Werth Corridor John a , Prince Park B12 Atlantis Coo Wholesale L rrtana 'Fest Boynton analaan Park and luxo Recreation Center air' Aberdeen Ocean Inlet Park Boynton � Sinn Valley Beach Ocean Fide Gulfstream Indian Spring Park Country Club91 9 �9 Calf 9 Caloosa bark 1ARL9Natchee Wetlands Map data 02022 Google 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 53 ANDESQN CAPD V en enter Z Z ell 19 m rTP Pr3 _a.. z 19 lntrcoastal m Boynton day apartments 10� Varve OarMa NE18thAve z �a t fasokcr Oyer Jr. Park 17th Ave NW Z NE 17th M envenuto Restaurant ,a. Floor Decor 1 NE 16th Cr & Banquet Factlity Manatee Bay A,partme 3 rn Z Z m tSS m m Seaview Gir Boynton Wine'&Spirt`t ` NE 14th Ave oceark Inlet Dr NW 14th Ave ,%ore Dr Boynton Cona IU-Haul of, Byno Bbynton-Beach S RdN4 12t Ave NE 12th Ave NW 11th Ave � NE 11 th Ave Rider Rd ;u Martin Luther King Jr Blvd- 1 NAV 9th Ave NE 9th Ave NE 9th Ave Sawn Dek Bead M NW 8th Ave NE 81h Ave z LU NE 7th Ave N ri NW 6th rive� ar NE 6th Ave 5. n _ The R-h Deg0t�4v Far 6, ffi.M v @5 @ Oceanfrc Schoolhouse The Inn atChildren's Muse m, �°��o �eor��s " Boynton each ; Ave NW 1st five ''� Waterfront Grille i' C�c Cho.,91le W Ocean Ave ellE ocean Ave Map data CU2022 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 54 ANDESQN CAPD 'each Park/ EAST OCEAN na SOUTHWINDS AVE ort Costco Whole ale4. RT South Palm B ADWAY Beach8 22 e View at Waters EdgeLANTANA Lantana Lantana {EIGHTS Municipal9 E ocean Ave Beach OP OCEAN BREEZE LANTANA 12, te HEIGHTS WEST ' LANTANA PINES EAST CENTRAL SEA PINES BOULEVARD Popeyes 4, Super S by Wyndham �a Lantana 'Vest Palm Beach )cluxa Louisiana Kitchen ��=F San Castle Manalapar z Hypoluxo Lof hus Underwater Archaeological P Preserve Village Royale s On the Green z o E G ateuny 8,, t Sults by Map data 0,12022 Google' 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 55 Religious goods store U) tt5l Diamond Ln Dorninican -own Pawn Shop "I Pawn shop Lake Wort clannys db tire service Gat BroadwaySt IpTireshop Broadway St 11 DMV Solutions 19 (?Aflas Transmission Marilyn Dr Marilyn Dr CMG Jewelry EI Jewelry store Mr. Clean Laundry U-Haul IP 9 Neighborhood Dealer I Oth Ave N El Wawa 9'Conveniencestore Pronto Tires Dollar General MoneyGran-I DoHar store Palm Beach Preschool @� 19 Blurryfades Barbershop Queen of Pawns Pawn shop Carver St Carver St Fern St Cacique Travel 9 Clinton Blvd Attleboro Ave Flower Patchip 9AAMCO Transmissions Attleboro Avo &Total Car Care Map data CO2022 1213 Northwest 4th Street/Cherry Hill Market /\&CJob No.: 2220140DOO 56 ANDESQN CAPD SaleT*tq o' k dA sale ri els ' Fage A r Bai1t, Iia ca oftdg; e 1 31507 435 west Boynton Beach Boulevard 14,530 1966 1,935 0.13 $495,000 $255.81 Jun-20 0852 Boynton Beach 0.33 2 31630 544 East Gateway Boulevard 10,078 1975 3,060 0.30 $675,000 $220.59 Jul-20 1372 Boynton Beach 0.23 3 31984 4391 10th Avenue North 11,438 1973 2,070 0.18 $425,000 $205.31 Dec-20 1134 Palm Springs 0.26 4 32385 931 Miner Road 5,502 1950 416 0.08 $105,000 $252.40 Apr-21 0583 Lanatana 0.13 5 33104 701 W.Lantana Road 11,326 1968 2,035 0.18 $466,000 $228.99 Nov-21 01637 Lake worth 0.26 sem. 777 1213�Of# t 4th tied � 4,967� 7 � N/A -, tJ9 14 (J.29 3IA NfA Mae Poyzifob,Beneb, f3.11�; ,' Sales Summary and Discussion In this analysis, we considered differences between the sales and the subject in terms of property rights sold, conditions of sale, financing, market conditions (trend or time adjustment), location, building and lot size, and quality and condition of the improvements. The appraisers based the comparisons on a standardized unit of measure, the sale price per square foot of building. The sale price per square foot of building correlates well among the comparable sales and is commonly used by buyers in this type of analysis. Properly Rights The property rights transferred were believed to be those of the fee simple estate. No differences between the sales and the subject are reflected. Conditions of Sale All sales were reportedly market oriented. No adjustment consideration for conditions of sale was necessary. Financing We considered any indication of favorable financing. All sales were either on a cash basis or had market- oriented financing, therefore, no differences were noted nor were adjustments made. 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 57 ANDESQN CAPD Market Conditions The sales occurred over the period from June 5, 2020 to November 29, 2021. The subject property date of value is March 30, 2022. Prior to the beginning of the pandemic in early 2020 property values in the South Florida area were on the rise and this trend has been continuing. While there was a pull-back in transaction volume in mid-2020, pricing trends have not been affected by the pandemic. Based on what we have seen in the subject's local market we believe an appropriate time adjustment would be 0.5% per month, which we have rounded down to the nearest whole month. Location The subject property is located at 1213 Northwest 4th Street in Boynton Beach. This is a neighborhood location with no frontage on a commercial thoroughfare. Comparables 1, 2, 3 and 5 have each received some degree of downward adjustment for superior exposure and/or general neighborhood location. Comparable 4 was found to be similar enough in exposure and general neighborhood location such that no adjustment is warranted Size Generally, larger properties will sell for a somewhat lower price per square foot of building than smaller ones, and vice versa, when all else is equal. The sales in this data set do appear to follow this pattern and some adjustment is warranted. Comparable 4 has been adjusted downward for its smaller size. Quality/Condition/Appeal This consideration takes into account differences in quality of construction, the property's physical condition and overall appeal. The subject property was reportedly built in 1959 and is in average condition. Comparable 1 was found to be superior in overall quality/condition/appeal and warrants downward adjustment. Comparable 4 was found to inferior in overall quality/condition/appeal and warrants upward adjustment. The remaining comparables are similar enough in overall quality/condition/appeal such that no adjustment is warranted. FAR/Lot Coverage/Parking The most significant factors involving lot coverage are the existence of excess land and the availability of on-site parking. Neither the subject nor any of the comparables have excess land and all have adequate on- site parking. No adjustments are warranted. Zoninz/Land Use The subject property has a zoning designation of R2 Duplex (10 DU/Acre) by Boynton Beach with an underlying future land use of MEDR - Medium Density Residential by Boynton Beach. That said the existing commercial use is grandfathered a preexisting legal non-conforming use. Though they may vary by municipality, all of the comparables have commercially oriented designations that allow for similar uses as the subject. No adjustment is warranted. 1213 Northwest 4th Street/Cherry Hill Market A&C Job No.: 2220140.000 58 �y :, sea sea sea sea sea O � N N � N v%E i • O ' ti o ti o o Oq 00 �': se3 sea sea sea sea "Gt ct I ,,�: sea sea sea sea sea a� • v, o o v, j' M � oM o o o ` U V x InW ANDESQN CAPD Conclusion Considering all of these differences, we developed the preceding quantitative comparison chart listing the sales as they compare to the subject property, based on a price per square foot of building. Not all categories considered are depicted. Those omitted reflect no differences between the sales and the subject property. The unadjusted range of value indicated by the sales is roughly $205.31 to $255.81 per square foot of building area. The preceding quantitative comparison chart shows the value range for the subject property after adjustment based on a price per square foot of building area to be from $209.18 to $226.34 with a mean of $214.92. Considering all of the salient factors discussed previously and prevailing market conditions, the appraisers feel a conclusion in the middle portion of the indicated range is most appropriate. Given the preceding data and discussions, it is concluded that the market reflects a value per square foot of building area for the subject property of$215 as of March 30, 2022. Total value is calculated as follows: 1,443 Square Feet @ $215 per Square Foot = $310,245 Rounded To: MARKET VALUE VIA SALES COMPARISON: $310,000 1213 Northwest 4th Street/Cherry Hill Mini Market A&C Job No.:2220140.000 60 QUALIFICATIONS OF APPRAISER ROBERT B.BANTING,MAI, SRA PROFESSIONAL DESIGNATIONS-YEAR RECEIVED MAI- Member Appraisal Institute-1984 SRA- Senior Residential Appraiser,Appraisal Institute-1977 SRPA-Senior Real Property Appraiser,Appraisal Institute-1980 State-Certified General Real Estate Appraiser,State of Florida,License No.RZ4-1991 EDUCATION AND SPECIAL TRAINING Licensed Real Estate Broker-#3748-State of Florida Graduate,University of Florida,College of Business Administration,BSBA(Major-Real Estate&Urban Land Studies)1973 Successfully completed and passed the following Society of Real Estate Appraisers(SREA)and American Institute of Real Estate Appraisers(AIREA)courses and/or exams:Note:the SREA&AIREA merged in 1991 to form the Appraisal Institute. SREA R2: Case Study of Single Family Residence SREA 201: Principles of Income Property Appraising SREA: Single Family Residence Demonstration Report SREA: Income Property Demonstration Report AIREA 1B: Capitalization Theory and Techniques SREA 101: Introduction to Appraising Real Property AIREA: Case Studies in Real Estate Valuation AIREA: Standards of Professional Practice AIREA: Introduction to Real Estate Investment Analysis AIREA 2-2: Valuation Analysis and Report Writing AIREA: Comprehensive Examination AIREA: Litigation Valuation AIREA: Standards of Professional Practice Part C ATTENDED VARIOUS APPRAISAL SEMINARS AND COURSES,INCLUDING: The Internet and Appraising Golf Course Valuation Discounting Condominiums&Subdivisions Narrative Report Writing Appraising for Condemnation Condemnation:Legal Rules&Appraisal Practices Condominium Appraisal Reviewing Appraisals Analyzing Commercial Lease Clauses Eminent Domain Trials Tax Considerations in Real Estate Testing Reasonableness/Discounted Cash Flow Mortgage Equity Analysis Partnerships&Syndications Hotel and Motel Valuation Advanced Appraisal Techniques Federal Appraisal Requirements Analytic Uses of Computer in the Appraisal Shop Valuation of Leases and Leaseholds Valuation Litigation Mock Trial Residential Construction From The Inside Out Rates,Ratios,and Reasonableness Analyzing Income Producing Properties Development of Major/Large Residential Projects Standards of Professional Practice Regression Analysis In Appraisal Practice Federal Appraisal Requirements Engaged in appraising and consulting assignments including market research,rental studies,feasibility analysis,expert witness testimony,cash flow analysis,settlement conferences,and brokerage covering all types of real estate since 1972. President of Anderson&Carr,Inc.,Realtors and Appraisers,established 1947 Past President Palm Beach County Chapter,Society of Real Estate Appraisers(SREA) Realtor Member of Central Palm Beach County Association of Realtors Special Master for Palm Beach County Property Appraisal Adjustment Board Qualified as an Expert Witness providing testimony in matters of condemnation,property disputes,bankruptcy court, foreclosures,and other issues of real property valuation. Member of Admissions Committee,Appraisal Institute-South Florida Chapter Member of Review and Counseling Committee,Appraisal Institute -South Florida Chapter Approved appraiser for State of Florida,Department of Transportation and Department Natural Resources. Instructor of seminars,sponsored by the West Palm Beach Board of Realtors. Authored articles for The Palm Beach Post and Realtor newsletter. Real Estate Advisory Board Member,University of Florida. TYPES OF PROPERTY APPRAISED-PARTIAL LISTING Air Rights Medical Buildings Apartment Buildings Churches Amusement Parks Department Stores Hotels-Motels Marinas Condominiums Industrial Buildings Office Buildings Residences-All Types Mobile Home Parks Service Stations Special Purpose Buildings Restaurants Auto Dealerships Vacant Lots-Acreage Residential Projects Golf Courses Shopping Centers Leasehold Interests Financial Institutions Easements "I am currently certified under the continuing education program of the Appraisal Institute." QUALIFICATIONS OF APPRAISER BEAU M.ARNOLD GENERAL INFORMATION State-Certified General Real Estate Appraiser RZ2937 State Licensed Real Estate Sales Associate SL3076071 EDUCATION AND SPECIAL TRAINING Graduate, University of Florida, College of Business Administration, BSBA(Majors- Real Estate and Management) 1997 Successfully completed and passed the following courses: UF: Real Estate Analysis UF: Real Estate Valuation Al 20OR: Residential Market Analysis and Highest and Best Use Al 300GR: Real Estate Finance, Statistics, and Valuation Modeling Al I310 Basic Income Capitalization Al I410N: National Uniform Standards of Professional Appraisal Practice Al 520: Highest&Best Use and Market Analysis Engaged in appraising and researching real estate with Anderson and Carr, Inc. since May of 1997. TYPES OF PROPERTY APPRAISED Single Family Homes Condominiums Commercial Land Multi-Family Land Residential Land Industrial Land Agricultural Land Subdivision Land Conservation/Environmentally Sensitive Land Public Land Apartment Buildings Retail Buildings Warehouse Buildings Office Buildings Proposed Construction Gas Stations Net leased Properties Special Purpose Properties Restaurants Shopping Centers Houses of Worship Schools Civic Facilities Mobile Home Parks Marinas Golf Courses Rights-of-Way Easements Leasehold Interests Appraiser Licenses Peon DeSantis,Governor Halsey Beshears,Secretary 40 Florida STATE OF FLORIDA pl-- DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL-,,, ATEI APPRAISAL BD THE CERTIFIED GEN ;RA ' PI� E'F �I!ERE I'Ij? ERTIFIEE7 UNDERTHE PR0VI5I0I+ S""Q +t. H �455�� S fi ° FLs fATUTES LICE i S " -w���mux�noemn m�«4 EXPIRATION DATE. NC)VEMBER 30,2022 Always verify licenses online at MyFloridaL.icense.com ❑ ■E ❑■ r�� Do not aster this document in any form. This is your license.It is unlawful for anyone other than the licensee to use this document. Ron DeSantis,Governor Halsey Beshears,Secretary dbpr cl STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL'} �4 ' l ►PPRAISAL BD '�4' 9 it till ,h THE CERTIFIED GENE i ff' � ' h1EIR C, T I F I E D UNaEE7 TfiE ryry��ryy G Pf'V.V V I �y TATUTES s ak)� t(34u(tits a&t rrAtiill l(( t ir � 4s a J� 4rKi SR s a xp a gg{ i 1 M � 1 L � �t�i 5 off �{SYY d V, `S4S 6 Al.' Wµ afyi� t it' a„ CE,,S r+�uMOBE1t 29 7 , EXPIRATION DATE NOVEMBER 30,2022 Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. This is your license.It is unlawful for anyone other than the licensee to use this document. ADDENDUM ANDEPSON CAPP PC t9S S-ACAUTORS m CIMSULTANTS° r P "S AGREEMENT FOR PROFESSIONAL SERVICES Client hereby engages Anderson &Carr, Inc.to complete an assignment as follows: Date: March 11, 2022 ,. _ Proposal No.:2220140 Name: Theresa Utterback Title: Development Services Specialist Company: Boynton Beach Community Redevelopment Agency Address: 710 North Federal Highway City,State,Zip Boynton Beach FL 33435 Phone: (561)737-3256 Email: ufterbackt@bbfl.us Property Address: 1213 Northwest 4th Street Boynton Beach, Florida 33435 Property Description: A 1,443 square foot sin-gle tenant retail building Parcell (s): 0843-45-21-14-000-3960 60 tttterp ,'a(p1'014( triol ., r ._ t1' 'nd Interest Valued: FeeSimple Estate Intended User(s): Boynton Beach Community Redevelopment Agency and/or otherwise specified in writing. Intended Use: Acquisition by a public agency Type of Value: Market„value _ Date of Value: Current Report Type: Narrative Delivery Time: 4-5 weeks from authorization DeliveryMethod: Email (MJF_,, #of Report Paper Copies: 0 Fee: $2,800.00 Deposit: $ 0.00 Approaches: ®Sales ❑ Cost ❑ Income ❑Insurable Value ❑ Review ❑Other Scope ofWork: Estimate current market value Items Needed: ❑Survey and/or site plan ❑ Detailed current rent roll ❑Prior 3 years income and expenses (If Available) ❑ Copies of all leases ❑ List of any recent major repairs or renovations ❑ Prior appraisal reports ❑ Copy of current agreement for sale Other: Hypothetical Conditions/Extraordinary Assumptions: None RBB: cmp -ESTABLISHED 1947- ANDERSON&CARR INC. - 521 S OLIVE AVE..W.PALM BEACH,FL 33401 561833.661 ANDERSONCARR.COM Conditions of Report 1. The report may not be used for any purpose by any person or corporation other than the client orthe party to whom it is addressed or copied without the written consent of an officer of the firm of Anderson & Carr, Inc. and then only in its entirety. 2. Liability ofAnderson&Carr,|nc..its employees,and any subcontractors ielimited hmthe fee collected hor#heassignment. There isnoaccountability orliability toany third party. 3. No responsibility is assumed for matters |eQn| in character or netue, or matters of survey, nor of any anoh|bsctuna|, structural,mechanical or engineering nature.No opinion will be rendered as to the title which is presumed to be good and merchantable. The property will be valued as if free and clear, unless otherwise stated in particular parts of the report. 4. No responsibility is assumed for accuracy of information furnished by or from others,the clients,his designee or public records. VVeare not liable for such information orthe work ofsubcontractors. 5. The interpretation and enforcement of this Agreement shall be governed by the laws of the state in which the Appraiser's principal place of business is located,exclusive of any choice of law rules. Report Delivery:The base fee covers the cost for electronic delivery of a PDF report unless agreed otherwise. If hard copies are requested by the n|ient, they are available at an additional cost of$25 per copy for form type reports and $50 per report for narrative reports. Proposed Improvements:If the subject property consists of proposed improvements,Client shall provide plans,specifications,or other documentation sufficient to identify the extent and character of the proposed improvements. Properties Under Contract For Sale: If the subject property is currently under contract or listed for sale, Client shall provide a copy ofsaid contract including all addenda. Confidentiality: Anderson & Carr, Inc. shall not provide a copy of the written Report to, or disclose the results of the report prepared in accorclancewith this Agreementwith,any party otherthan Client,unless Client authorizes,except as stipulated in the Confidentiality Section ofthe ETHICS RULE ofthe Uniform Standards ofPm#»asiona|Appnaiso!Practioe(UGPAP). Cancellation: Client may mano*| this Agreement at any time prior to delivery of the Report upon written notification to the Appraiser. Client shall pay for work completed on assignment prior to receipt of written cancellation notice, unless otherwise agreed upon byAnderson&Carr, Inc. and Client inwriting. No Third Party Beneficiaries:Nothing in this Agreement shall create a contractual relationship between Anderson&Carr,Inc.or the Client and any third party,or any cause of action in favor of any third party. This Agreement shall not beconstrued 0orender any person or entity a third party beneficiary of this Agreement, including, but not limited to,any third parties identified herein. Use Of Employees Or Independent Contractors: Contractor may use employees or independent contractors at Contractor's discretion to complete the assignment,unless otherwise agreed by the parties. Notwithstanding,Contractor shall sign the written Report and take responsibility for the services provided as a result of this Agreement. Testimony At Court OrOther Proceedings: Unless otherwise stated in this Agreement, Client agrees that contractor's assignment pursuant to this Agreement shall not include the participation in or preparation for,whether voluntarily or pursuant to subpoena,any oral or written discovery,sworn testimony in ajudicial,arbitration or administrative proceeding,or attendance at any judicial,arbitration,oradministrative proceeding relating tothis assignment. |fadditional services are required,such macourtroom testimony,depositions,preparation for depositions,travel time and related expert witness fees,our fees will bebilled etour normal hourly rates,which are oefollows:$300 per hour for MAI/Principal time,$150 per hour for staff appraisertime,and$85 per hour for researcher time. A retainer fee will berequired ifadditional services are needed. |fexpert witness testimony iarequired, client agrees to pay appraiser a minimum fee of$1,000 to be paid in advance of any depositions and payment in full prior to any court testimony. Appraiser Independence:Appraiser cannot agree to provide a value opinion that is contingent on a predetermined amount, or guarantee the outcome of the assignment in advance,or insure thatthe opinion of value developed anaresult ufthis Assignment will serve to facilitate any specific objective by Client nrothers in advance any particular cause. Appraiser's opinions will be developed competently and with independence, impartiality and objectivity. Collections: It is further agreed and understood that if any portion of the compensation or costs due to Anderson&Carr, Inc. becomes delinquent,The C|ientwiUpay inbanaetthenannatthenahsof1296p*rannumonsaid amcounthnmthedueUateun0paid. and further agrees to pay all costs of collection thereof, including reasonable attorney's fees, court costs, etc. Payment inU.S.Dollars: Client agrees tnpay fee inU.8.currency nrbycheck from eU.G. bank account. Prior Appraisal:Anderson&Carr and/or its agents/appraisers have not previously appraised the subject of this agreementwithin the prior three years. Client Date 3/11/2022 Anderson @&Carr, Inc. Date ANDEPSON CAPP PRAISERS.REALTORS x CONSULTANTS,XWELOPERS AGREEMENT FOR PROFESSIONAL SERVICES Public Records The Boynton Beach Community Redevelopment Agency is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically,the Contractor shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the CRA in order to perform the service; 2. Provide the public with access to such public records on the same terms and conditions that the CRA would provide the records and at a cost that does not exceed that provided in chapter 119, Fla.Stat., or as otherwise provided by law; 3. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4. Meet all requirements for retaining public records and transfer to the CRA, at no cost,all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the CRA in a format that is compatible with the information technology systems of the agency. The failure of Contractor to comply with the provisions set forth in this agreement/contract shall constitute a Default and Breach of this Agreement. If Contractor fails to cure the default within seven (7) days' notice from the CRA,the CRA may terminate the Agreement. Non-Scrutinizing Company Contractor hereby certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a boycott of Israel. If the CRA determines that this certification is falsified or contains false statements, or that Contractor is placed Scrutinized Companies that Boycott Israel List or engages in a boycott of Israel after the execution of the Agreement,the CRA may terminate the Agreement. E-Verify Contractor warrants for itself and its subcontractors that Contractor and all subcontractors are in compliance with all federal immigration laws and regulations that relate to their employees. The Contractor agrees and acknowledges that the CRA is a public employer that is subject to the E-verify requirements as set forth in Section 448.095, Florida Statutes,and that the provisions of F.S. Sec. 448.095 apply to this Contract. Notwithstanding any other provisions in this Agreement, if the CRA has a good faith belief that Contractor has knowingly hired, recruited or referred an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States for employment under this contract, the CRA shall terminate the contract. If the CRA that has a good faith belief that a subcontractor knowingly hired,recruited or referred an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States for employment under this Contract, the CRA shall promptly notify Contractor and order Contractor to immediately terminate the contract with the subcontractor. Contractor shall be liable for any additional costs incurred by the CRA as a result of the termination of a contract based on Contractor's failure to comply with E-verify requirements referenced herein. }1. `NT 011100BEAC R CO RA COMMUNrrY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: May 10,2022 NEW BUSINESS AGENDAITEM: 14.13. SUBJECT: Discussion and Consideration of the Purchase of 1213 NW 4th Street,the Cherry Hill Mart SUMMARY: The property located at 1213 NW 4th Street,known as the Cherry Hill Mart,was listed for sale by the owner at the end of January 2022 in the amount of$400,000(see Attachments I and 11). As part of the CRA Advisory Board's(CRAAB)monthly assignment, CRA Staff presented the property to CRAAB at their February 3, 2022 meeting.CRAAB motioned that the property should be pursued as a land banking opportunity(see Attachment 111). The CRAAB's decision was presented to the CRA Board at their March 9, 2022 meeting. The CRA Board directed staff to have an appraisal done on the property,determine if funds were available to purchase the property and discuss with CRA legal the current lease on the premises(see Attachment IV). On April 12,2022,the CRA received the appraisal on the property which indicates a current market value of$310,000(see Attachment V). CRA Staff is bringing this item back before the CRA Board to discuss whether or not the CRA Board would like to pursue purchasing the property. FISCAL IMPACT: To be determined by the C RA Board. CRA P LAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRAAB RECOMMENDATION: Pursue the property as a land banking opportunity. CRA BOARD OPTIONS: To be determined by the C RA Board. ATTACHMENTS: Description D Attachment I-Location Map c Attachment II-M LS Property Listing D Attachment III-February 3,2022 CRAAB Minutes D Attachment IV-March 9,2022 CRA Board Minutes 0 AttachmentV-Appraisal 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 OCTAVIA BELL, as Successor Trustee of the Alberta Bell Living Trust (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 in Palm Beach County, Florida (the "Properties") and more particularly described as follows: 1213 N.W. 411 Street, Boynton Beach, Florida 33435 PCN #08-43-45-21-14-000-3960 Lots 396 and 397, Cherry Hills, a subdivision located in Section 21,Township 45, Range 43, Town of Boynton, according to the plat thereof on file in the office of the Clerk of the Circuit Court of Palm Beach County, in Plat Book 4, Page 58. 2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property shall be Four Hundred Thousand Dollars ($400,000.00), 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 Twenty Thousand Dollars ($20,000.00) (the "Deposit"). 3.2 Application/Disbursement of Deposit. The Deposit shall be applied and disbursed as follows: The Deposit shall be delivered to SELLER at Closing and the PURCHASER shall receive credit for such amount against the Purchase Price. If this Agreement is terminated during the Feasibility Period (hereinafter defined) for any reason, the Deposit shall be immediately refunded to the PURCHASER. If this Agreement is terminated due to a default, pursuant to Section 12, the Deposit shall be delivered to (or retained by, as applicable) the non-defaulting Party, and the non-defaulting Party shall have such additional rights, if any, as are provided in Section 12. PURCHASER's Initials: SELLER's Initials: 01669978-2 Purchase and Sale Agreement Page 2 of 15 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 August 19, 2022 (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 fifteen (15) 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 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 PURCHASER's Initials: SELLER's Initials: 01669978-2 Purchase and Sale Agreement Page 3 of 15 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 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 PURCHASER's Initials: SELLER's Initials: 01669978-2 Purchase and Sale Agreement Page 4 of 15 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 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 PURCHASER's Initials: SELLER's Initials: 01669978-2 Purchase and Sale Agreement Page 5 of 15 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 and Seller will take all necessary actions to remove the current tenant (CH Market LLC) from the property and terminate its leasehold. The Parties agree that the Closing Date set forth in paragraph 5 above shall be automatically extended until such time as Seller obtains a Final Judgment of Eviction (or otherwise removes the Tenant and terminates the leasehold). Purchaser shall have the right, at its sole discretion, to terminate this Agreement and receive back all Deposits hereunder, should Seller be unable to convey the Property unoccupied within 6 months of Effective Date. 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 Attorney. 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 PURCHASER's Initials: SELLER's Initials: 01669978-2 Purchase and Sale Agreement Page 6 of 15 affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against the Property under the applicable construction lien law; and that there are no parties in possession of the Property other than SELLER. SELLER shall also furnish to PURCHASER a non- foreign affidavit with respect to the Property. In the event SELLER is unable to deliver its affidavits referenced above, the same shall be deemed an uncured title objection. 9.3. Closing Statement. A closing statement setting forth the Purchase Price, the Deposit, all credits, adjustments and prorations between PURCHASER and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, which PURCHASER shall also execute and deliver at Closing. 9.4. Corrective Documents. Documentation required to clear title to the Property of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions. 9.5. Additional Documents. Such other documents as PURCHASER or the Title Company may reasonably request that SELLER execute and deliver, and any other documents required by this Agreement or reasonably necessary in order to close this transaction and effectuate the terms of this Agreement. 10. PRORATIONS, CLOSING COSTS AND CLOSING PROCEDURES. 10.1. Prorations. Assessments, rents, interest, insurance and other expenses of the Property shall be prorated through the day before Closing. PURCHASER shall have the option of taking over existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at Closing shall be increased or decreased as may be required by prorations to be made through the day prior to Closing. Advance rent and security deposits, if any, will be credited to PURCHASER. Taxes shall be prorated based upon the current year's tax with due allowance made for maximum allowable discount. 10.2 Ad Valorem Taxes. PURCHASER and SELLER shall comply with Section 196.295, Florida Statutes, with respect to the payment of prorated ad valorem taxes for the year of closing into escrow with the Palm Beach County Tax Collector's Office. In the event that, following the Closing, the actual amount of assessed real property tax on the Property for the current year is higher than any estimate of such tax used for purposes of the Closing, the parties shall re-prorate any amounts paid or credited based on such estimate as if paid in November. This shall survive the Closing. 10.3. Special Assessment Liens. Certified, confirmed and ratified special assessment liens imposed by public bodies as of Closing are to be paid by SELLER. Pending liens as of Closing shall be assumed by PURCHASER. If the improvement has been substantially completed as of the Effective Date, any pending lien shall be considered certified, confirmed or PURCHASER's Initials: SELLER's Initials: 01669978-2 Purchase and Sale Agreement Page 7 of 15 ratified and SELLER shall, at Closing, be charged an amount equal to the last estimate or assessment for the improvement by the public body. 10.4. Closing Costs. PURCHASER shall be responsible for recording the deed and all general closing expenses (settlement fee, courier fees, overnight package, etc.). SELLER is responsible for documentary stamps on the deed and their own legal fees. All other costs of closing shall be borne by PURCHASER. 10.5 Closing Procedure. PURCHASER shall fund the Purchase Price subject to the credits, offsets and prorations set forth herein. SELLER and PURCHASER (as applicable) shall execute and deliver to Closing Agent the Closing Documents. The Closing Agent shall, at Closing: (i) disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a "marked-up" Title Commitment to PURCHASER, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. 10.6 Existing Mortgages and Other Liens. At Closing, SELLER shall obtain, or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments applicable to and encumbering the Property. 11. REPRESENTATIONS, COVENANTS AND WARRANTIES. Other than the current Declaration of Chronic Nuisance and Notice of Chronic Nuisance Violation as issued by the City of Boynton Beach on May 9, 2022, to induce PURCHASER to enter into this Agreement, SELLER makes the following representations, all of which, to the best of its knowledge, in all material respects and except as otherwise provided in this Agreement (i) are now true, and (ii) shall be true as of the date of the Closing unless SELLER receives information to the contrary, and (iii) shall survive the Closing. In that event, PURCHASER shall be provided immediate notice as to the change to the following representations: 11.1 At all times from the Effective Date until prior to Closing, SELLER shall keep the Property (whether before or after the date of Closing) free and clear of any mechanic's or materialmen's liens for work or materials furnished to or contracted for, by or on behalf of SELLER prior to the Closing, and SELLER shall indemnify, defend and hold PURCHASER harmless from and against all expense and liability in connection therewith (including, without limitation, court costs and reasonable attorney's fees). 11.2 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by any organization, person, individual or governmental agency which would affect (as to any threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use, occupancy or value of the Property or any part thereof or which would otherwise relate to the Property. PURCHASER's Initials: SELLER's Initials: 01669978-2 Purchase and Sale Agreement Page 8 of 15 11.3 SELLER has full power and authority to enter into this Agreement and to assume and perform its obligations hereunder in this Agreement. SELLER does not and will not conflict with or result in the breach of any condition or provision, or constitute a default under, or result in the creation or imposition of any lien, charge, or encumbrance upon any of the Property or assets of the SELLER by reason of the terms of any contract, mortgage, lien, lease, agreement, indenture, instrument or judgment to which the SELLER is a party of which is or purports to be binding upon the SELLER or which affects the SELLER; no action by any federal, state or municipal or other governmental department, commission, board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon the SELLER in accordance with its terms. 11.4 SELLER represents that SELLER will not, between the date of this Agreement and the Closing, without PURCHASER'S prior written consent, which consent shall not be unreasonably withheld or delayed, except in the ordinary course of business, create any encumbrances on the Property. For purposes of this provision the term "encumbrances" shall mean any liens, claims, options, or other encumbrances, encroachments, rights-of-way, leases, easements, covenants, conditions or restrictions. 11.5 Intentionally Deleted. 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, except in accordance with her lease with CH Market, LLC. 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 PURCHASER's Initials: SELLER's Initials: 01669978-2 Purchase and Sale Agreement Page 9 of 15 authorized to regulate materials and substances in the environment (collectively "Governmental Authority(ies)"). 11.9 SELLER represents to PURCHASER that the Property is not subject to any deed restrictions or declaration of restrictions running with the Property which would affect the use of the Property except those constituting Permitted Exceptions as defined above. 11.10 Between the date of this Agreement and the date of closing, SELLER will not file any application for a change of the present zoning classification of the Property. 11.11 Authority. The execution and delivery of this Agreement by SELLER and the consummation by SELLER of the transaction contemplated by this Agreement are within SELLER'S capacity and all requisite action has been taken to make this Agreement valid and binding on SELLER in accordance with its terms. The person executing this Agreement on behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this Agreement represents a valid and binding obligation of SELLER. 11.12 Title. SELLER is and will be on the Closing Date, the owner of valid, good, marketable and insurable fee simple title to the Property, free and clear of all liens, encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances of record which will be discharged at Closing). 11.13 Additional Warranties and Representations of SELLER. As a material inducement to PURCHASER entering into this Agreement, SELLER, to the best of SELLER'S information and belief, hereby represents and warrants the following: 11.13.1 There are no pending applications, permits, petitions, contracts, approvals, or other proceedings with 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, with the exception of the current Declaration of Chronic Nuisance and Notice of Chronic Nuisance Violation as issued by the City of Boynton Beach on May 9, 2022, the Property and the use and operation thereof are in PURCHASER's Initials: SELLER's Initials: 01669978-2 Purchase and Sale Agreement Page 10 of 15 compliance with all applicable county and governmental laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. 12. DEFAULT. 12.1. PURCHASER's Default. In the event that this transaction fails to close due to a wrongful refusal to close or default on the part of PURCHASER, subject to the provisions of Paragraph 12.3 below, the Deposit actually then being held by the Escrow Agent shall be paid by Escrow Agent to SELLER as agreed liquidated damages and, thereafter, neither PURCHASER nor SELLER shall have any further obligation or liabilities under this Agreement, except for those expressly provided to survive the termination of this Agreement; provided, however, that PURCHASER shall also be responsible for the removal of any liens asserted against the Property by persons claiming by, through or under PURCHASER, but not otherwise. PURCHASER and SELLER acknowledge that if PURCHASER defaults, SELLER will suffer damages in an amount which cannot be ascertained with reasonable certainty on the Effective Date and that the amount of the Deposit being held by Escrow Agent most closely approximates the amount necessary to compensate SELLER. PURCHASER and SELLER agree that this is a bona fide liquidated damages provision and not a penalty or forfeiture provision. Notwithstanding the foregoing, in the event of a wrongful refusal to close by Purchaser following the removal of the tenant at the subject property, SELLER shall not be limited to liquidated damages but may seek specific performance and/or monetary damages from the PURCHASER. 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. PURCHASER's Initials: SELLER's Initials: 01669978-2 Purchase and Sale Agreement Page 11 of 15 12.4. Survival. The provisions of this section shall survive the termination of this Agreement. 13. NOTICES. All notices required in this Agreement must be in writing and shall be considered delivered when received by certified mail, return receipt requested, or personal delivery to the following addresses: If to Seller: Alberta Bell, as Trustee of the Alberta Bell Living Trust 5013 Nautica Lake Circle Greenacres, FL 33463 With a Copy to: Carole Aronson, Esq. Carole Aronson, P.A. 1500 Gateway Blvd., Suite 220 Boynton Beach, FL 33426 If to Purchaser: Thuy Shutt, Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4th Floor Boynton Beach, FL 33435 With a copy to: Kenneth Dodge Lewis, Longman & Walker, PA 360 South Rosemary Avenue Suite 1100 West Palm Beach, FL 33401 14. BINDING OBLIGATION/ASSIGNMENT. The terms and conditions of this Agreement are hereby made binding on, and shall inure to the benefit of the successors and permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement without the prior written consent of PURCHASER, which shall not be unreasonably withheld. PURCHASER shall have the right to assign this Agreement to the City of Boynton Beach (the "City") without the prior consent of SELLER and the PURCHASER shall be released from any further obligations and liabilities under this Agreement. The PURCHASER may not assign this Agreement to any other party without the prior written approval of SELLER, which shall not unreasonably withheld. If PURCHASER has been dissolved as an entity while this Agreement is 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 PURCHASER's Initials: SELLER's Initials: 01669978-2 Purchase and Sale Agreement Page 12 of 15 and are not liable for a sales commission. SELLER shall indemnify, defend and hold harmless the PURCHASER from and against any and all claims, losses, damages, costs or expenses (including, without limitation, attorney's fees) of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by SELLER on its behalf with any broker or finder in connection with this Agreement. The provisions of this Section shall survive Closing or termination of this Agreement. 16. ENVIRONMENTAL CONDITIONS. 16.1. For purposes of this Agreement, pollutant ("Pollutant") shall mean any hazardous or toxic substance, material, or waste of any kind or any contaminant, pollutant, petroleum, petroleum product or petroleum by-product as defined or regulated by environmental laws. Disposal ("Disposal") shall mean the release, storage, use, handling, discharge, or disposal of 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, PURCHASER's Initials: SELLER's Initials: 01669978-2 Purchase and Sale Agreement Page 13 of 15 either directly or as a third party, to prevent or prohibit PURCHASER from disclosing or providing documents involving this Agreement or the transaction set forth in the Agreement pursuant to a public records request submitted under Chapter 119, SELLER agrees that PURCHASER may either: 1) defend the claim up to and including final judgment, or 2) interplead the challenged documents into the court. In either event, SELLER agrees to pay PURCHASER's reasonable attorneys' fees and costs, both trial and appellate. 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 PURCHASER's Initials: SELLER's Initials: 01669978-2 Purchase and Sale Agreement Page 14 of 15 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. 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. PURCHASER's Initials: SELLER's Initials: 01669978-2 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 OCTAVIA BELL, AS SUCCESSOR TRUSTEE OF REDEVELOPMENT AGENCY THE ALBERTA BELL LIVING TRUST Printed Name: Ty Penserga Printed Name: Title: Chair Title: Date: Date: WITNESS: WITNESS: Printed Name: Printed Name: ESCROW AGENT Lewis, Longman & Walker, P.A. Printed Name: Date: PURCHASER's Initials: SELLER's Initials: 01669978-2 i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: June 14, 2022 NEW BUSINESS AGENDAITEM: 13.A. SUBJECT: Consideration and Discussion of the Boynton Beach CRA Policy for Addressing Letters of Intent to Purchase or Lease Property Owned by the CRA SUMMARY: As directed by the CRA Board, staff and legal counsel have reviewed the current Letter of Intent (LOI) Policy for consistency with the current Policy to Processing CRA Board Agenda Items. The LOI Policy ensures a fair and manageable process for purchase and leasing of CRA owned properties, furthers the goals and objectives for the 2016 Boynton Beach Community Redevelopment Plan and acts in the best interest of the CRA. In reviewing past and current LOls, CRA staff and legal counsel noted that the timeline of the LOI submissions conflicts with the current Policy for Processing CRA Board Agenda Items (see Attachments I and I I). The current LOI Policy states that an LOI may be submitted within five days of the next regularly scheduled CRA Board meeting while the deadline for submission of documents for CRA Board agenda items is 14 days prior to the CRA Board Meeting. Additionally, critical information is left out of past LO Is which is required for staff's review in order to make a recommendation to the Board. Not having the submission requirements of the LOls prolongs the decision making process. Below are minimum submission requirements which are recommended to be included in all future LOls submitted for the Board's consideration: • Proposed purchase price • Description of the entity and type of business • Description of the entity's experience • Description of proposed improvements and costs • Conceptual site plan showing proposed improvements — The plan needs to have enough information to ascertain the building size, important site elements (parking/loading, building placement, ingress/egress, loading and deliveries, etc.) and drawn to scale or with property dimensions • Knowledge that the proposed use is allowed under the City of Boynton Beach codes and regulations— Evidence of financial capacity to complete the proposed improvements • Anticipated timeline to get all approvals, renovate/construct, and activate uses and closing date • Any other information you feel would be important for the Board to know as they review your proposal. In consultation with legal counsel, the proposed draft Guidelines for Processing LOls to Purchase or Lease Property memorializes the current practice and will provide the Board flexibility for unforeseen circumstances. The draft LOI Guidelines is provided as Attachment I I I. Staff is requesting Board approval to include the above minimum submission requirements in the proposed Guidelines for Processing Letters of Intent to Purchase or Lease Property. FISCAL IMPACT: None CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the Guidelines for Processing Letters of Intent to Purchase or Lease Property, including the minimum submission requirements as presented. 2. Modify the Guidelines for Processing Letters of Intent to Purchase or Lease Property, including the minimum submission requirements as presented. 3. Provide staff and legal counsel with alternative direction. ATTACHMENTS: Description D Attachment I -Current Policy for Processing Letters of Intent to Purchase Property D Attachment II -Current Policy for Processing CRA Board Agenda Items D Attachment III - Proposed Guidelines for Processing Letters of Intent to Purchase or Lease Property BOYNTON 'Mg"' {5,i<BEACH �CRA Boynton Beach Community Redevelopment Agency Policy for Processing Letters of Intent to Purchase Property The Boynton Beach CRA ("CRA") will use the process outlined in this Policy for Processing Letters of Intent to Purchase Property ("Policy") to address any Letters of Intent to Purchase Property that the CRA receives that are not the result of a formal request for such letters. The Policy is designed to ensure a fair process for property disposal, furthers the goals and objectives of the 2016 Boynton Beach Community Redevelopment Plan, and acts in the best interest of the CRA. Letter of Intent Policy: When the CRA receives a Letter of Intent to purchase a property owned by the CRA, the CRA staff will add an item to the agenda of the next regularly scheduled CRA Board meeting to discuss the Letter of Intent. However, if the Letter of Intent is received by the CRA less than 5 days before the next regularly scheduled CRA Board meeting, the CRA staff will add the Letter of Intent item to the agenda of the next available regularly scheduled CRA Board meeting. The CRA staff will include the Letter of Intent and all supporting documents as backup to the Letter of Intent agenda item. At the regularly scheduled CRA Board meeting,the CRA Board may consider one of the following options upon receipt of a Letter of Intent to purchase a CRA-owned property: Option I - The CRA Board may accept the Letter of Intent and direct the CRA staff and legal counsel to negotiate the terms and conditions of a Purchase and Development to be presented at a future meeting and direct the CRA staff to issue a thirty(30)day Public Notice to Dispose. If during the Public Notice period, the CRA receives one or more additional Letters of Intent to purchase the same property, the CRA Board will direct the CRA staff and legal counsel to develop a request for proposal document to be presented to the CRA Board for their consideration at the next available meeting. The CRA will then follow its regular procedures for issuing requests for proposals, evaluating responses, and selecting the successful proposal(s); Option II - The CRA Board may determine that it is in the best interest of the CRA to solicit additional offers to purchase the property, the CRA Board will direct the CRA staff and legal counsel to develop a request for proposal document to be presented to the CRA Board for their consideration at the next available meeting. The CRA will then follow its regular procedures for issuing requests for proposals, evaluating responses,and selecting the successful proposal(s); or, Option III -The CRA Board may determine that it is in the best interest of the CRA to reject the terms and conditions of the Letter of Intent and elect not to proceed with any further action. 00849969-1 BOY TON" 1111,111 NV','144,1V18EAcH ICRA Boynton Beach Community Redevelopment Agency Policy for Processing CRA Board Agenda Items The Boynton Beach CRA("CRA")will use the process outlined in this Policy for Processing CRA Board Agenda Items ("Policy")to complete the CRA Board Meeting Agenda preparation and review process in a timely and efficient manner. The Policy is designed to ensure a transparent process, furthers the goals and objectives of the 2016 Boynton Beach Community Redevelopment Plan, and is in the best interest of the CRA. CRA Board Agenda Item Processing Policy: Items to be considered by the CRA Board are placed on the CRA Board agenda. Agendas are prepared as required by statute and for use by the CRA Board at its regularly scheduled monthly CRA Board Meetings, CRA Board Workshops, and CRA Board Special Meetings (collectively, "CRA Board Meetings"). Items and all supporting documents must be submitted to the CRA no later than 14 calendar days prior to the CRA Board Meeting in order to be added to the agenda so as to ensure enough time for proper review by appropriate staff before the agenda is published. Agenda items may be created upon request of a CRA Board Member,request of CRA staff, or request by a third party. When the CRA receives a request from a third party to include an agenda item for CRA Board consideration, the request must be in writing and include all supporting documentation. Otherwise, the CRA staff may decline to add the item to the agenda. Generally, proposed agenda items deemed appropriate for CRA Board consideration will be placed on the agenda of the next regularly scheduled CRA Board Meeting. However, if the written request and supporting documents are received by the CRA less than 14 calendar days before the requested regularly scheduled CRA Board Meeting,the CRA staff may add the item to the agenda of the next available regularly scheduled CRA Board Meeting. The CRA staff will include the written request and all supporting documents as backup to the agenda item. The CRA is under no obligation to place any item requested by a third party on an agenda, and may decline any request to create or include an agenda item for consideration by the CRA Board. This Policy shall not be read to in any way limit or prohibit the ability to provide public comment under the public comment section of the agenda subject to applicable rules. L Agenda Item Preparation The agenda shall be supported by an agenda packet, which to the extent practicable, will contain all backup information, exhibits, and attachments necessary or appropriate to allow the CRA Board to consider the item, along with an agenda cover sheet explaining the item, noting any associated cost, and describing any relevant history. If a presentation is part of the agenda item, presentation should be part of the agenda packet and must be received no later than 14 calendar 01643077-1 days before the CRA Board Meeting. The CRA does not guarantee the ability to present presentations that are not part of the published agenda packet. When possible, CRA staff will endeavor to ensure that when consideration of an agreement is on the agenda, all other parties to the proposed agreement are in agreeance with terms before the agreement is placed on the agenda. II. CRA Board Agenda Publishing The CRA staff will publish the agenda to the CRA website at least seven calendar days prior to the CRA Board Meeting and will email the CRA Board, Executive Director, CRA staff, and other appropriate persons, including requestors or interested parties, with a link to the agenda as soon as it is published. III. Records Management All original or electronic copies of documents will be maintained by the CRA staff under the supervision of the Executive Director or other designated custodian of public records. 01643077-1 fz BOYNTON' H rC RA Boynton Beach Community Redevelopment Agency Guidelines for Processing Letters of Intent to Purchase or Lease Property DRAFT—05/16/2022 APPROVED: The Boynton Beach CRA ("CRA") will use the process outlined in these Guidelines for processing Letters of Intent ("LOIs") to Purchase Property ("Policy") received that are not the result of a formal request for such letters.Upon receipt of an LOI,the Board may choose to proceed with one of the following Options. Option I —The CRA Board may determine that it is in the best interest of the CRA to reject the terms and conditions of any and all LOIS received and to take no further action with regard to the subject CRA property. Option II — The CRA Board may determine that it is in the best interest of the CRA to solicit additional offers to purchase or lease the subject property,in which case the CRA Board may direct staff to take whatever action it deems appropriate, including but not limited to: • Tabling the LOI or LOIS received and directing CRA staff to issue a thirty (30) day Public Notice to Dispose of the CRA property at issue; or • Directing the CRA staff and legal counsel to develop a request for proposal for the subject property to be presented to the CRA Board at a future meeting consistent with CRA procedures for issuing requests for proposals, evaluating responses, and selecting a proposal(s). Option III— The CRA Board may accept the LOI(or one of the LOIS if more than one has been submitted in a timely fashion consistent with the CRA Board Meeting Agenda Policy) and direct the CRA staff and legal counsel to negotiate the terms and conditions of a Purchase and Development or Lease Agreement to be presented at a future meeting and to issue a thirty(30)day Public Notice to Dispose of the CRA property subject to the LOI. CRA staff and legal counsel shall present the draft Purchase and Development or Lease Agreement regarding the selected LOI to the Board along with any additional LOIS or offers to purchase or lease the subject property that have been received during the Public Notice period and prior to the agenda deadline for the CRA Board meeting where the Purchase and Development or Lease Agreement is scheduled to be heard. At that meeting, the Board may take any action within its powers, including, but not limited to: • Proceeding with the negotiation and/or approval of a Purchase and Development or Lease Agreement regarding the selected LOI; 01648866-2 Y a"z BOYNTON' H rC RA Boynton Beach Community Redevelopment Agency Guidelines for Processing Letters of Intent to Purchase or Lease Property • Rejecting the selected LOI and moving forward with another offer or LOI submitted for the subject property; • Directing staff to prepare and issue an RFP for the subject property; or • Rejecting all LOIS and offers presented and taking no further action with regard to the subject property. Notwithstanding the above,these Guidelines are not intended to limit the ability of the CRA Board to take any action it deems appropriate regarding any LOI that it receives. Therefore, the CRA Board may deviate from the Options outlined above as it sees fit. 01648866-2 i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: June 14, 2022 NEW BUSINESS AGENDAITEM: 13.13. SUBJECT: Consideration of Alliance Residential's (d/b/a Boynton Beach Apartments Venture, LLC) Request to Lease CRA-Owned Properties for Temporary Employee Parking for the Two Georges Restaurant During Construction of the Broadstone Boynton Beach Mixed-Use Project SUMMARY: On May 24, 2022, CRA staff received a request from Fernando Bonilla, the Development Manager for Alliance Residential Company d/b/a Boynton Beach Apartments Venture, LLC (BBAV) for use of the CRA-owned parking lots located at 115 N. Federal Highway (see Attachment 1). BBAV is a 2.76-acre assemblage located at S. Federal Highway and SE 1st Avenue. They currently have 20 employees from the Two George's restaurant located in the Boynton Harbor Marina parking within their site (see Attachment 11). With the anticipated construction for the mixed-use project to begin in September 2022, BBAV is requesting the option to lease the CRA-owned parking lots located at 115 N. Federal Highway. BBAV determined the parking would be utilized between the hours of 9:00 a.m. and 2:00 a.m. to accommodate the restaurant hours of operation from 11 a.m. - midnight and begin in September 2022 until May 2023 (approximately 20 months). Mutual consideration of the lease payment for the 20 parking spaces, insurance, and other applicable lease terms will need to be negotiated with BBVA and approved by the CRA Board. If the Board would like to move forward with this agreement, review of The Pierce's agreements will be required to ensure the lease terms will not conflict with our obligations to Affiliated. FISCAL IMPACT: To be determined by the CRA Board CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRAAB RECOMMENDATION: N/A CRA BOARD OPTIONS: 1. Approve Alliance Residential's (d/b/a Boynton Beach Apartments Venture, LLC) request to lease CRA-Owned properties for 20 temporary employee parking for the Two Georges Restaurant during construction of the Broadstone Boynton Beach Mixed-Use Project and authorize staff to negotiate a lease agreement with BBAV and bring back the lease agreement for Board approval at the July 12th CRA Board meeting. 2. Do not approve Alliance Residential's d/b/a Boynton Beach Apartments Venture, LLC request to lease CRA-Owned properties for temporary employee parking for the Two Georges Restaurant during construction of the Broadstone Mixed-Use Project. 3. Alternative direction as determined by the CRA Board. ATTACHMENTS: Description D Attachment I - Request from BBAV D Attachment II - Location Map Nicklien, Bonnie From: Shutt, Thuy Sent: Wednesday,June 01, 2022 12:54 PM To: Fernando Bonilla Cc: Tack, Timothy; Utterback,Theresa; Nicklien, Bonnie; Curfman,Vicki Subject: RE: [EXTERNAL] RE: Boynton Beach Parking Lot Hi, Fernando, It was a pleasure talking to you today. We will be working on the staff report this week and let you know when the agenda item is uploaded on our website at the latest next Wednesday 6/8. Here is the information on our grant program for your use later when your project is ready for leasing: https://www.boyntonbeachcra.com/business-development/business-housing-grants. I have copied our staff so they are in the loop. My cell is (561) 504-1797 if you are unable to reach me at the office. Thank you. Thuy Shutt, AIA, FRA-RA Executive Director Boynton Beach Con-m-wnity I ede °elr:pn—,ient Agency 100 E. Ocean Ave. I Boynton Beach, Florida 3435 561-600-9098 ShuttT@bbfLus http://www.boyntonbeachcra.com America's Gateway to the Gulfstream Please be advised that Florida has a goad public records law and all correspondence to mie via en-rail n-,Iay be subject to disclosure.Under, Florida records law, en-mil addresses are public records.Therefore, your,e-n-iail on-imiuni ation and your,e-n-iail address n-,iay be subject to public disclosure. From: Fernando Bonilla <fbonilla@allresco.com> Sent:Tuesday, May 31, 2022 12:45 PM To: Shutt,Thuy<ShuttT@bbfl.us> Cc:Tack,Timothy<TackT@bbfl.us>; Utterback,Theresa <UtterbackT@bbfl.us> Subject: RE: [EXTERNAL] RE: Boynton Beach Parking Lot 1 Good afternoon,Thuy, Perfect. Sounds good. I look forward to talking with you tomorrow morning. Thank you. Best regards, Fernando Bonilla Development Manager Alliance Residential Company Phone: (954) 805-7427 E-mail: Fbonilla@Allresco.com ALLIANCE RESIDENTIAL 1 1800 North Military Trail Suite 250 Boca Raton,FL 33431 www.allresco.com From: Shutt,Thuy<ShuttT@bbfl.us> Sent:Tuesday, May 31, 2022 12:43 PM To: Fernando Bonilla <fbonilla@allresco.com> Cc:Tack,Timothy<TackT@bbfl.us>; Utterback,Theresa <UtterbackT@bbfl.us> Subject: RE: [EXTERNAL] RE: Boynton Beach Parking Lot Good afternoon, Fernando, I received your vm but am working on our June 7t" Board Agenda deadline for posting by 5p so I would like to call you first thing tomorrow if that is possible. Thank you for your patience. Thuy Shutt, AIA, FRA-RA Executive Director Boynton Pearl... Con-m-wnity RedeveIr pn-,ient Agency 100 E. Ocean Ave. I Boynton Beach, Florida 33435 LJ SII 561-600-9098 DShuttT@bbf1.us I http://www.boyntonbeachcra.com F`FF-11` Fi--il America's Gateway to the Gulfstream 2 Please be advised that Florida has a broad public records law and all correspondence to nie via en-,Iail n-,Iay be subject to disclosure.Under, Florida records law, en-,iail addresses are public records.Therefore, your,e-n-,iail con-m-wnication and your,e-moi| address moybesubject topublic disclosure. From: Fernando Bonilla Sent:Tuesday, May 31, 20229:S7AM To: Shutt,Thuy Cc:Tack,Timothy Utterback,Thereoa Subject: RE: [EXTERNAL] RE: Boynton Beach Parking Lot Good morning Thuy, Hope you had agreat holiday weekend! My apologies | didn't reply earlier. | was out ofthe office on Friday. | called you this morning and left you avoicemaii We anticipate using the property for parking for the 20 Two Georges restaurant employees starting September 2022 until May 2023 (~20montho). We'll probably beusing itfrom 9:00am-2amaothe restaurant hours ofoperation are 11am—Midnight. Please let me know if you need additional information or would like to jump on a call to converse other details. Thank you. Best regards, Fernando Bonilla Development Manager Alliance Residential Company Phone: (9S4) 80S'7427 E-mail: ALLIANCE RESIDENTIAL | 1000North Military Trail Suite 250 | Boca Raton,pLaa4a1 | From: Shutt,Thuy Sent: Friday, May 27, 2022 12:04 PM To: Fernando Bonilla Cc:Tack,Timothy Utterback,Thereoa Subject: RE: [EXTERNAL] RE: Boynton Beach Parking Lot Hi, Fernando, | will place this onthe CRA June 141hAgenda. |twould behelpful for uotodiscuss some details such aothe hours,the actual dates you would anticipate this use, etc The more information you can give,the quicker the Board can arrive at a decision todirect staff and legal counsel for the next steps. | amavailable after 2pifyou want tochat. Thank you. 3 ThuyShWtt, AIA, FRA-RA Executive Director Boynton Beach CommunityRedeve|opmentAgency 1OOE. Ocean Ave. | Boynton Beach, Florida 33435 U���� 5616UO9U98 aShuttT@bbfl.us U���huttT��bbf|�ua U | �8http://vvvvvv.bnyntonbeachcra.com FF-11� U�Q� u~�u0 ~ �u���K America's Gateway tothe Gulfstream Please be advised that Florida has a broad public records law and all correspondence to nie via en-,Iail n-,Iay be subject to disclosure.Under, Florida records law, en-,iail addresses are public records.Therefore, your,e-n-,iail con-m-wnication and your,e-moi| address moybesubject topublic disclosure. From: Fernando Bonilla Sent: Friday, May 27, 2022 9:17 AM To: Shutt,Thuy Cc:Tack,Timothy Utterback,Thereoa Subject: Re: [EXTERNAL] RE: Boynton Beach Parking Lot Good morning Thuy, Thank you very much for your message and taking the time to speak with me yesterday regarding the use of CRA property for temporary parking use. Per our conversation, please include our request for leasing space from the city's properties in Boynton Beach in the June 14thBoard meeting agenda for review and consideration. Thank you again and have awonderful holiday weekend! Best regards, Fernando Bonilla Development Manager Phone: (9S4) 80S'7427 E-mail: ALLIANCE RESIDENTIAL | 1000North Military Trail | Suite zso | Boca Raton,pLaa4a1 | 4 From: Shutt,Thuy<ShuttT@bbfl.us> Sent:Thursday, May 26, 2022 9:45 PM To: Fernando Bonilla <fbonilla@allresco.com> Cc:Tack,Timothy<TackT@bbfl.us>; Utterback,Theresa <UtterbackT@bbfl.us> Subject: [EXTERNAL] RE: Boynton Beach Parking Lot Good afternoon, Mr. Bonilla, This is a follow up to my voicemail I left earlier. In general,the use of CRA property for temporary uses is subject to approval by the CRA Board through a temporary use agreement or in your case a lease agreement. The parcel in question is part of the CRA's 115 N. Federal Highway Mixed Use Redevelopment Project. We are currently under negotiations with Affiliated,the developer,for the purchase and development of this property. The agreements for the project will be considered by the CRA Board on June 7, 2022. The ability to lease these spaces out may be limited if the CRA Board approves the agreement with Affiliated. Please give me a call back to discuss this in more detail. Thank you. Thuy Shutt, AIA, FRA-RA Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. I Boynton Beach, Florida 33435 a 561-600-9098 ShuttT@bbfl.us I http://www.boyntonbeachcra.co America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Fernando Bonilla <fbonilla@allresco.com> Sent:Tuesday, May 24, 2022 4:02 PM 5 To: Shutt,Thuy<ShuttT@bbfl.us>; Shutt,Thuy<ShuttT@bbfl.us>; Utterback,Theresa <UtterbackT@bbfl.us> Subject: Boynton Beach Parking Lot Greetings BBCRA Team, Hope this finds you well! My name is Fernando Bonilla and I'm writing to you because I kindly need your assistance regarding a new development project in the city of Boynton Beach. Our company, Alliance Residential (DBA Boynton Beach Apartments Venture, LLC), acquired a 2.76-acre assemblage site located at S Federal Highway and SE 1St Avenue in Boynton Beach. At the moment, we have 20 employees from Two Georges' restaurant parking on one of our sites. We expect to start construction in September, and we will need to find 20 parking spaces as a solution for these employees per our agreement with the restaurant. I came across a few surface parking lots owned by Boynton Beach CRA near our project and Two Georges that could be a great solution for these employees for the duration of the construction of our project which we are estimating to be completed in about 20 months. We would like to know if there is a possibility to lease from the city the property shown and highlighted in red below which seems ideal for our purposes? Kindly advise if this is possible or if you have other viable options that all involved parties could benefit from. We can also set up a call to discuss in more detail if necessary. Thank you very much and I look forward to hearing from you. 6 F Best regards, Fernando Bonilla Development Manager Alliance Residential Company Phone: (954) 805-7427 E-mail: Fbonilla@Allresco.com ALLIANCE RESIDENTIAL 1 1800 North Military Trail I Suite 250 1 Boca Raton,FL 334311 www.allresco.com I Ll .... CAUTION:This is an EXTERNAL email which originated from outside Alliance Residential. DO NOT click links or open attachments unless you recognize the sender and know the content is safe. • - r s , y, w i S _ 4' P g �s ta HHH I1 F � F KD a ` j y wew� • r v k£Vi439 - - �` 5 W 4 it ��r� wlx 11 tS(� - �; - 1 I j , y I �i Asni7.9e,aF�a�PA r Wax - ,i:ntF1 I�^aaP3.9 S• - ,- — �P � i r r r M 4 41 ems+ Ffl` y 9 - i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: June 14, 2022 NEW BUSINESS AGENDAITEM: 13.C. SUBJECT: Consideration of Changing the Start Time for the CRA Board Meetings SUMMARY: Per the City Commission discussion at the May 17, 2022 meeting, the CRA Board may consider changing the start time of the monthly CRA Board meetings from 5:30PM to 6:OOPM for consistency with the City Commission meeting. CRA BOARD OPTIONS: 1. Change the start time of the CRA Board Meetings to 6:00 P.M. 2. Keep the start time of the CRA Board Meetings at 5:30 P.M. 3. Other options as directed by the Board. i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: June 14, 2022 NEW BUSINESS AGENDAITEM: 13.D. SUBJECT: Discussion and Consideration of Direction and Assignments for CRAAdvisory Board SUMMARY: The Community Redevelopment Advisory Board (CRAB) was created by City Commission on October 2015 and appointed its seven members in December 2015 (see Attachment 1). Resolution R-15-136 had the CRAB advising the City Commission but not the CRA Board. On May 3, 2016, the City Commission clarified the role of CRAB is to also advise the CRA Board on matters assigned to it by either the City Commission or CRA Board (see Attachments I I-IV). On May 10, 2016, the CRA Executive Director and City Manager proposed guidelines for managing of the CRAB agenda (see Attachment V). These guidelines have established how the CRAB agenda and assignments have been implemented to date. The CRAB assignments up until July 14, 2020, consisted of reviewing and advising the CRA Board on terms and conditions of Purchase and Development Agreements from the RFP/RFQ process (e.g. Ocean Breeze East and MLK Jr. Boulevard Corridor Mixed Use Project), providing input on the annual Budget, and providing an additional public forum for community input or a recommendation for significant projects (e.g. the renovations of Sara Sims Park and the Cottage District Infill Housing Redevelopment Project). At the July 14, 2020 CRA Board meeting, the Board assigned the CRAB the task of reviewing three or four different commercial properties and make recommendations (see Attachment VI). At the August 11, 2020 CRA Board meeting, the Board approved a revision to the previous CRAB assignment to focus on future acquisitions along the Boynton Beach Corridor from 1-95 to Federal Highway (see Attachment VI 1). The CRA Board again clarified at the February 9, 2021 CRA Board meeting, their expectations regarding the CRAB report. The CRAB has three options with respect to their review of available commercial or industrial properties (see Attachment V 111): 1. Indicate the property is to land bank or buy; 2. Indicate if the property may have value in the future; or, 3. Indicate if the property does not fit in the CRA's mission. At the April 12, 2022 CRA Board Meeting, the CRA Board cleared all pending CRAB assignments. The CRA Board indicated that the new CRA Board should have the opportunity to set the new assignments for the CRAB (see Attachment IX). Staff is bringing this item back to the Board as there has been inquiries from a Commissioner or Board member regarding potential CRAB assignments. Additionally, the Fiscal Year Budget planning process will begin in July and we now have seven CRAB members, two of whom have participated in the two CRA Board Workshops, and are eager to assist. FISCAL IMPACT: N/A CRA PLAN/PROJECT/PROGRAM: 2016 Community Redevelopment Plan CRA BOARD OPTIONS: To be determined by the CRA Board. ATTACHMENTS: Description D Attachment I -City Resolution R15-136 Creating CRAB D Attachment II -City Resolution R16-136 Establishing Procedures for CRAB D Attachments III - May 3, 2016 City Commission Minutes D Attachment IV - May 17, 2016 City Commission Minutes D Attachment V - May 10, 2016 Memo Regarding CRAB Duties D Attachment VI -July 14, 2020 CRA Board Meeting Minutes D Attachment VII -August 20, 2020 CRA Board Meeting M inutes D Attachment VIII - February 9, 2021 CRA Board Meeting M inutes D Attachment IX -April 12, 2022 CRA Board Meeting M inutes 1 RESOLUTION NO. R15-136 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, CREATING A COMMUNITY 5 REDEVELOPMENT AGENCY ADVISORY BOARD; 6 ESTABLISHING PROCEDURES FOR APPOINTMENT 7 AND REMOVAL OF MEMBERS; AND PROVIDING 8: FOR AN EFFECTIVE DATE. 9. 10 WHEREAS, the City Commission has determined that the interest of the City will 11 � best be served by creating an advisory board to provide input to the City Commission 12 regarding matters related to the City's Community Redevelopment Agency. 13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 14 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 15 Section 1. The foregoing "WHEREAS" clauses are true and correct and 16 hereby ratified and confirmed by the City Commission 17 Section 2. There is hereby created a Community Redevelopment Advisory Board. 181 The Advisory Board, at the direction of the City Commission, shall make recommendations 19 on the programs; activities and funding issues affecting the implementation of the CRA Plan; 20 Recommendations shall include but not be limited to, matters concerning land use and design 21 regulations and applications; implementation programs and activities; budgets and funding. 22 - Section 3. The Advisory Board will be comprised of seven (7) individuals with 23 experience, education, or skills as determined necessary by the City Commission. Any 24 person may be appointed to the Advisory Board if he or she resides or is engaged in 25 business, which means owning a business,practicing a profession, or performing a service 26 for compensation, or serving as an officer or director of a corporation or other business 27 entity so engaged, within the City. 1 1 Italicized language added by amendment at time of adoption. (000985102 306-9001821 } 28 No less than four (4) members of the Advisory Board shall be residents of the City. 29 Advisory Board Members serve at the pleasure of the City Commission and may be removed 30 by a majority of the Commission with or without a statement of cause. 31 Section 4. The Advisory Board and its individual members shall operate in the 32 sunshine. Board members are subject to the Palm Beach County Code of Ethics. Appointees 33 shall complete required ethics training prior to assuming the duties of appointment. 34 Section 5. Costs associated with the operation of the Advisory Board will be 35 assessed to the Community Redevelopment Agency budget. 36 Section 6. That this Resolution will become effective immediately upon passage. 37 PASSED AND ADOPTED this 20th day of October, 2015. 38 391 40` CITY OF BOYNTON BEACH, FLORIDA 41 42 YES NO 43 44 Mayor—Jerry Taylor 45 46 Vice Mayor—Joe Casello +� 47 48 Commissioner—David T. Merker 49 s 50 Commissioner—Mack McCray 51 52 Commissioner—Michael M. Fitzpatrick v'f 53 54 55 VOTE 56 57 ATTEST: 58 59 60 61 Jan M C 62 y Cl0r ' 63 : 64 1 (Corp', at al) (00098510 . 9001821 1 1 RESOLUTION NO. R16-067 c 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, AMENDING RESOLUTION R15-136 WHICH 6 CREATED A COMMUNITY REDEVELOPMENT 7 AGENCY ADVISORY BOARD; ESTABLISHING 8 PROCEDURES FOR APPOINTMENT AND REMOVAL x 9 OF MEMBERS; AND PROVIDING FOR AN 101 EFFECTIVE DATE. 11 12 13 WHEREAS, the City Commission created the Community Redevelopment Advisory i 14 Board ("CRAB") to provide input to the City Commission regarding matters related to the 15 City's Community Redevelopment Agency; and 16 WHEREAS, the City Commission, following input from members of the CRAB, the 'I 4 17 executive director of the CRA, the City Manager and members of the public, has determined 18 that the CRAB should serve in an advisory role to the Community Redevelopment Agency as II 19 well as the City Commission. i 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF j 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: ,i 22 Section 1. The foregoing "WHEREAS" clauses are true and correct and 23 hereby ratified and confirmed by the City Commission. Resolution R15-136 is amended 24 as follows. k 25 Section 2. There is hereby created a Community Redevelopment Advisory Board 26 ("CRAB"). �i 27 The CRAB will conduct review and provide written recommendations to the City I 28 Commission and Community Redevelopment Agency on matters assigned to it by the € �j 29 _Cc-,mmunity Redevelopment Agency or the City Commission. The " aisory Boafd at +''a � {00127558.1 306-9001821 } 30 der_ ; aetiviti 31 and 4inding issues affeeting the implemef4ation of the GRA Plan; Reeommendations shall I 32 i*clude but not be limited to, matte �g land use and design regulations 33 lementation programs and aetivities; budgets and funding. 34 Section 3. The Advisory Board will be comprised of seven (7) individuals with 35 experience, education, or skills as determined necessary by the City Commission. Any 36 person may be appointed to the Advisory Board if he or she resides or is engaged in 37 business, which means owning a business,practicing a profession, or performing a service r 38 for compensation, or serving as an officer or director of a corporation or other business 39 entity so engaged, within the City. 40 No less than four (4) members of the Advisory Board shall be residents of the City. 41 Advisory Board Members serve at the pleasure of the City Commission and may be removed C 42 by a majority of the Commission with or without a statement of cause. 43 Section 4. The Advisory Board and its individual members shall operate in the 44 t� 50 PASSED AND ADOPTED this day of 2016. �. 51 52 53 CITY OF BOYNTON BEACH, FLORIDA 4 54 E S 55 YES NO l 56r 57 Mayor— Steven B. Grant 58 59 Vice Mayor—Mack McCray 60 61 Commissioner—.Tustin Katz 62 63 Commissioner—Christina L. Romelus ! 64 65 Commissioner—Joe Casello 66 'i, 67 { 68 VOTE 69 70 ATTEST: EST: ill 71 7273 14 74 J .. ith A. Pyle, CMC 75 T `erim City Clerk 14 76 r 77 "' (I 78 79- (Corporate Seal) ®� 80li x< I �s fi t+) 1 Y 1 tis �E {00125558.1 306-9001821} �� 4 0 ��i Meeting Minutes City Commission Boynton Beach, Florida May 3, 2016 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Request to approve a Community Design Plan Appeal (CDPA 16-001)for relief from the Land Development Regulations (LDR), Chapter 4, Article III, Section 10.A.3. Monotony Restrictions, requiring enhanced walls designed with offsets and other elements to avoid an expansive monotonous appearance for 514—518 West Ocean Drive, located west of 1-95 and east of the CSX Railroad, south of the terminus of West Ocean Avenue on 6.9 acres zoned M-1 (Industrial). Agent is Bradley Miller with Miller Land Planning, Inc. (Tabled to May 17, 2016 Commission meeting.) B. Request new site plan approval to construct outdoor self-storage for luxury recreational vehicles and boats at 514— 518 West Ocean Drive, located west of 1-95 and east of the CSX Railroad, south of the terminus of West Ocean Drive on 6.9 acres zoned M-1 (Industrial). Agent: Bradley Miller, Miller Land Planning, Inc. representing property owner Stor-All Luxury RV & Boat Storage LLC. (Tabled to May 17, 2016 Commission meeting.) 10. CITY MANAGER'S REPORT- None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. Discussion by City Commission and action regarding maintenance or modification of the configuration of the Community Redevelopment Agency Board. This item was heard after item 12 B. Commissioner Katz received confirmation Resolution R16-067 that was just passed gave the Advisory Board greater advisory capacity. He thought passage of the Resolution resolved the issue and further changes did not have to be made. Motion Commissioner Katz moved for discussion. Commissioner Romelus seconded the motion. 16 Meeting Minutes City Commission Boynton Beach, Florida May 3, 2016 Mayor Grant advised he wanted an independent CRA Board. The City Commission can dictate what the CRAB does because the Advisory Board makes recommendations to the City Commission. The City Attorney had provided information on various configurations of the CRAB, but a first test for the Advisory Board is to provide an objective standing of the three different positions and to create a vetting process for the City Commission to use when making appointments to the CRA Board. Commissioner Katz questioned if the goal of the CRAB was not to advise on CRA activities, rather to advise on the make-up of the CRA Board itself. Mayor Grant responded they could do both. Mayor Grant inquired if a Commissioner could put any item on the CRAB agenda and Attorney Cherof explained the City Commission will establish the agenda for the CRAB, and it will take the CRA Board to do the same thing. The CRAB had no authority, under the previous Resolution to create their own agenda or list their own powers. Only the City Commission and now the CRA Board would have the authority to do so. The City Commission was creating the first agenda item for the CRAB. Vice Mayor McCray requested confirmation this item was not changing the CRA Advisory Board makeup, and there would still be a seven-member Advisory Board. Attorney Cherof responded that was correct. The revised Resolution would not change the current configuration. Vice Mayor McCray requested verification they were not adding two citizens to the CRA Board and learned it would not add two more members. Vice Mayor McCray did not favor the CRAB making recommendations regarding the configuration of the CRA Board. Mayor Grant inquired if there was any item a Commissioner would like to put on the CRAB agenda. Commissioner Katz reiterated his opposition to the agenda item. The CRAB, per the Resolution, could advise the City Commission and the CRA Board, but now the City Commission was asking the CRAB to advise the City Commission about the CRA Board. Mayor Grant explained the CRA can only exist through the City Commission. If the City Commission wanted to dissolve the CRA, they could do so. Mayor Grant proposed four options: the City Commission sits as the CRA Board; use a hybrid of Commissioners and residents on the CRA Board and determine the vetting process for the two residents; have only CRA residents on the CRA Advisory Board or eliminate the CRA Board all together. Mayor Grant wanted objective recommendations for objective standards and wanted to hear all the options available. Commissioner Katz asked if the CRAB could review the options as to the potential organization of the CRA Board and learned they would. The Advisory Board would detail the advantages and disadvantages of all four configurations. The CRA Advisory Board is independent. Commissioner Katz did not favor the item and commented the CRAB is to advise on issues pertaining to development in the CRA District, not the makeup of the CRA Board which was within the purview of the City Commission. Vice Mayor McCray also did not favor the CRAB reviewing the configuration of the CRA Board. The Advisory Board could speak to the City Commission on items within the CRA District. The Resolution was passed before the discussion about the boarder 17 Meeting Minutes City Commission Boynton Beach, Florida May 3, 2016 scope of the CRA Board took place. Commissioner Katz thought the Advisory Board should focus on items in the CRA District. Mayor Grant pointed out item A pertains to the CRA Board, not the CRAB. The Advisory Board could advise on anything the Board asked them too. Vivian Brooks, CRA Executive Director, understood the Advisory Board was advising the City Commission on items coming before them. At her last meeting with the City and CRA Attorneys and the City Manager, there was discussion that development projects being heard by the CRAB would be adding another step in the development process and it was a problem for the City. The final discussion was any project that involved CRA land or dollars, or a public/private partnership would be reviewed by the Advisory Board. Mayor Grant explained he wanted the CRAB to be advisory to the CRA Board and the City Commission. If the CRA Board issued a Request for Proposals that would require a presentation before the CRAB, that would not create an extra level of codes and ordinances. The CRAB would not be violating any laws if the Request for Proposal indicated that anything coming before the CRA would be reviewed by the Advisory Board. Ms. Brooks explained that was already pro forma. Brian Edwards, 629 NE 9th Avenue, a CRAB member, thought the City made a mistake and that the Advisory Board has no authority. He appreciated the Mayor's efforts, but commented he always wanted an independent CRA Board and was disappointed when the CRA Board removed its two citizen members. The Advisory Board was being spoon fed about the information on which they can advise the City Commission. He read an email that indicated it may be unlawful if developers come before them to educate themselves on a project that the Board may feel strongly about. He liked the idea of giving consideration to an independent CRA. The City Commission was the only platform where he could speak about the matter and he pointed out there are significant issues forthcoming. He thought the City Commission should reconsider an independent CRA. Mayor Grant explained he wanted the CRAB to give advice and list the advantages and disadvantages of an independent board and no one was telling him why the City Commission was sitting as the CRA Board. He was trying to obtain the information and he pointed out advisory boards only advise. The City Commission can request agenda items for the CRAB. He requested CRAB agenda items be submitted to the City Commission or the Advisory Board submit items for the CRA Board. Linda Cross, 625 Casa Loma Boulevard, Chair of the CRA Advisory Board explained the CRA Advisory Board always thought its job was to advise the CRA Board and then learned it was the City Commission and now with the Resolution, they could advise both about projects in the CRA. The Advisory Board did not know it was only development projects that would use CRA money and land. They thought it was all development projects in the City. Ms. Cross understood due to legal issues with Planning and 18 Meeting Minutes City Commission Boynton Beach, Florida May 3, 2016 Development, the Board cannot insert itself into that process. Currently, the Advisory Board Agenda is the same as the CRA Board agenda. She requested clarification if the City Commission would add items to the agenda that do not use CRA funds or only items that use CRA money and land. Mayor Grant explained the City Commission and CRA Board could ask the Advisory Board to review whatever they assign. The Resolution is broad. Ms. LaVerriere asked how items would be brought forward. Mayor Grant replied the City Commission will have an item on the agenda called CRA Reports. The requests will come through the City Commission, but the CRA Advisory Board does not have to give a report to the City Commission, but would to the CRA Board regarding what is on the CRA Board's agenda. Ms. Brooks will take the CRA Agenda and send it to the Advisory Board first, and if there are any extra items from the City Commission, there will be a discussion item on the City Commission agenda. When the CRA Advisory Board makes a report to the City Commission, it will be for the following month. Ms. LaVerriere advised there will be a standard report item for the CRA Advisory Board on the City Commission Agenda. Ms. LaVerriere asked if any Commissioner can add an item to the agenda for the CRA Advisory Board and learned any Commissioner could. Commissioner Katz commended the Resolution remedied a major concern for the CRA Advisory Board, and preferred to allow the Resolution to play out. He commented they could discuss the make-up of the CRA Board, but did not think it appropriate, after passing a solution to the CRA Advisory Board's issue. He emphasized the Resolution resolved the matter. He supported the Resolution and favored the Advisory Board having the ability to advise the CRA Board and the City Commission and that any Commissioner can add an item to the agenda within their purview, but he was opposed to the CRA Advisory Board recommending changes to the CRA Board. The confusion will create instability. Mayor Grant agreed, but wanted to end the discussion of the CRA Board. Herb Suss commented he was aghast at the discussion. He agreed this was causing confusion and it was so badly handled they should start over and let the public know what is going on. He requested the City Commission table it and bring it back. Motion Commissioner Katz moved to table. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. B. PROPOSED RESOLUTION NO. R16-067 -Amend Resolution R15-136 which created the Community Redevelopment Advisory Board. 19 Meeting Minutes City Commission Boynton Beach, Florida May 17, 2016 There was consensus for staff to create a process to be discussed during the Strategic Plan for an Ordinance review group. Ms. LaVerriere explained the City could recruit volunteers that are subject matter experts. There would be one or two topics per year, and the workgroup can study issues for the City, conduct research and make recommendations. It is a short-term, case specific type of study and the City Commission will define the topics. Staff will outline other best practices and bring a recommendation to the Commission along with other City initiatives. The Commission can determine if it is a priority to initiate the program, and if so, provide a few topics a year. Commissioner Casello asked where the work group would get their information and learned the group can research items and bring it to staff. Barbara Ready, 329 SW 13th Avenue, explained the City would not have a historic resources program, ordinance or planner, had they not asked for an ad hoc committee. They worked for 18 months, researched the program and Ordinance and presented it to the City and they now have a Historic Preservation program. Ms. LaVerriere pointed out the City utilized that process for the Green Alliance Task Force and the Brand Promise. B. Discussion by City Commission and action regarding maintenance or modification of the configuration of the Community Redevelopment Agency Board. (Tabled-TBD) Mayor Grant commented when this item was tabled, it did not specify an end date. Motion Commissioner Romelus moved to remove from the table. Commissioner Casello seconded the motion. Vote The motion unanimously passed. Commissioner Katz noted the Board was modified and he did not like rapid change as it sends mixed messages to the development community and he has not had enough time to test or experience which configuration is the best. He did not favor changing the composition of the CRA Board in the next 6 to 12 months, unless there is fault with the current configuration. There was agreement to remove the item from the agenda. 29 Meeting Minutes City Commission Boynton Beach, Florida May 17, 2016 13. COMMUNITY REDEVELOPMENT ADVISORY BOARD A. Reports B. Pending Items C. New Assignments Mayor Grant thought the CRA Advisory Board could conduct a City Services Survey using Survey Monkey and suggested the survey be citywide, not just in the CRA District. Commissioner Casello and Vice Mayor McCray favored a survey within the CRA District only. Mayor Grant noted the Financial Advisory Committee conducted the survey in the past, and the Advisory Board could make a recommendation to the City Commission. Attorney Cherof suggested the Commission assign a specific task to the Advisory Board which could be discussed at the next meeting. The survey could assess all City services and provide direction what is wanted in the CRA rather than what was learned from the CRA Workshop of what the City wants for the downtown Commissioner Katz had questions about the proposal. He wanted to discuss with staff and advised he would not support the item at this time. Mayor Grant commented a City Services Survey for the CRA item will be a pending item for the City to review. Mayor Grant agreed to bring a prior City Services Survey to the next meeting and the Commission can determine if it would be an appropriate task for the CRA Advisory Board. Ms. LaVerriere agreed to place the item on the agenda with prior surveys included in the back up. Motion Mayor Grant passed the gavel and moved to place the City Services Survey as a pending item for the CRA Advisory Board. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. Motion Commissioner Romelus moved to add a meeting with the developers of Riverwalk to the CRA Advisory Board Agenda. Commissioner Casello seconded the motion. Vote The motion failed 2-3 (Mayor Grant, Vice Mayor McCray and Commissioner Katz dissenting.) 30 Boynton Beach Community Redevelopment Agency MEMO Date: May 10, 2016 To: CRA Chair, Vice Chair and Board Members From: Vivian L. Brooks, Executive Director Re: Community Redevelopment Advisory Board Duties The City Commission created the Community redevelopment Advisory Board (CRAB) in October 2015 and appointed its seven members in December 2015. The resolution creating the CRAB had the CRAB advising the City Commission but not the CRA Board. On May 3, 2016, the City Commission further clarified the role of the CRAB by adopting a new resolution whereby the CRAB will now advise the City Commission and the CRA Board on matters assigned to it by either the CRA Board or City Commission. After conferring with City Manager, Lori LaVerriere, we propose the following guidelines for management of the CRAB agenda: A) The City Commission or CRA Board must approve, by majority vote, any assignment given to the CRAB. B) Only City Commissioners and CRA Board Members may request to place matters on the CRAB agenda. All requests by the CRA Board Member or City Commissioners shall be raised under the CRAB discussion item that will be added to both the CRA and City agenda template. See next item. C) Both the CRA and the City's meeting agenda template will reflect a new section titled C Community Redevelopment Advisory Board (CRAB) with three subsections (Reports, Pending Items, and New Assignments). This will provide the opportunity for an individual member of the City Commissioner or CRA to raise a topic/assignment for the entire Commission or CRA to consider. D) When an assignment is given to the CRAB it will then show as a Pending Item on future agendas until the assignment is completed and reported back to the assigning board. Staff recommends that all assignments be given a deadline for reporting back to assist staff in following up on outstanding assignments with the CRAB. This will also provide transparency on all matters being reviewed by the CRAB. E) Once their assignment is complete and the CRAB is ready to present a report to the CRA or City Commission, then the Board shall submit their report to CRA staff or the City Clerk for publishing on the next available agenda. 100129562.1306-90018211 F) When matters are assigned to the CRAB, reliance on staff should be minimized to the extent possible. Individual members of the CRAB may not assign work to CRA or City staff members. Research by the members of the Advisory Board should be done independently and with as minimal reliance on CRA or City staff as possible. This will ensure that work continues to be accomplished as staff will not be overwhelmed with new assignments. G) Absent any new assignments, the monthly CRAB agenda will mirror the CRA agenda on a monthly basis. 100129562.1306-90018211 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 14, 2020 Ben Rogatinsky thought it was perfect because he believed part of what the CRA does is they would advertise other CRA District businesses through the radio station. There is a lot of flexibility and they will work with the CRA marketing to get the most outreach to the community. Vice Chair Penserga attended Haitian Flag Day in Riviera Beach. Hundreds of people showed up and they have a longstanding reach. Motion Vice Chair Penserga moved to accept the letter of interest and begin negotiations. Board Member Romelus seconded the motion. The motion unanimously passed. E. Consideration of Neighborhood Sign Installation and Repair Grant Program Chair Grant commented he reviewed the program and thought the CRA did a great job. He recommended the program be throughout the CRA District, that there is no limit on the number of signs, and the funds were capped at $5,000 per association. Vice Chair Penserga agreed and it would be first come, first serve. An association could install as many signs as they wanted, but would only receive $5,000. Motion Board Member Romelus moved to approve the grant as stated Board Member Hay seconded the motion. The motion unanimously passed. Thuy Shutt, CRA Assistant Director, requested the Board's direction to allocate funds. Chair Grant thought the program was part of the budget they had previously seen in the amount of$25K and learned it was. The program would begin October 1St 16. CRA Advisory Board A. Pending Assignments B. Reports on Pending Assignments a. New Assignments Chair Grant wanted to have the CRA Advisory Board review of the CRA budget on their next meeting. 27 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 14, 2020 Motion Board Member Hay so moved. Vice Chair Penserga seconded the motion. The motion unanimously passed. Chair Grant also spoke with the Executive Director about having the CRA Advisory Board review for sale commercial and industrial properties and to receive fair valuations of properties. He noted Homing Inn was listed for $10 million. He would like the Advisory Board to review three or four different commercial properties and make recommendations if the CRA should approve of the appraisal or help find owners. He thought by the CRA advertising the properties, it may attract parties interested in purchasing or redeveloping. He wanted to use the CRA Advisory Board if they would be used once a year. Vice Chair Penserga wanted to assign the CRA Advisory Board to review the properties and the RFP. Motion Chair Grant passed the gavel and moved to put three items on the agenda for the CRA Advisory Board which were the budget, three or four properties a month to review and make recommendations and to make recommendations for the RFP for the Cottage District. Board Member Romelus seconded the motion. The motion unanimously passed. 17. Future Agenda Items A. Discussion Regarding Prevailing Wage, Benefits and Apprenticeship Policies for CRA Procurement and Requests for Proposals B. Land Banking BB Blvd C. MLK Jr. Boulevard Corridor Commercial Redevelopment and Affordable Multi-Family Rental Apartment Project Update Chair Grant noted he received information about this item shortly before the meeting and he wanted to amend the agenda to briefly discuss it and then put it on the next agenda. Chair Grant noted he received an email from Mr. Simon indicating the additional eight units cost $1,897,848 based on a total per unit development cost excluding land of$235 981. He did not know if the units were two or three-bedroom units. It would increase the first mortgage by 680K and 12 needed from the CRA all at once of TIF $65K per year for 15 years. While FHFC won't object the additional units, it will need to be resolved as soon as possible. He wanted to give staff direction so if they need to speak to FHFC which was why he wanted the discussion now. Chair Grant favored moving forward with the additional units with TIF funding. 28 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 14, 2020 Mr. Simon explained they needed direction because if they wait, they may miss the opportunity. Mr. Simon wanted consensus if the Board wanted to buy additional units. Vice Chair Penserga and Board Members Romelus and Hay supported the additional units. D. Consideration of the Request for Rental Terms and Dates for the Boynton Woman's Club for FY2020-2021 Meeting Dates at the Historic Woman's Club of Boynton Beach E. Discussion and Consideration of a Lease Extension to the City of Boynton Beach for the CRA Owned Property located at 209 N. Seacrest Boulevard 18. Adjournment Motion There being no further business before the Board, Vice Chair Penserga moved to adjourn. Board Member Romelus seconded the motion. The motion unanimously passed. The meeting was adjourned at 8:29 p.m. d , t Catherine Cherry Id, Minutes Specialist 29 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 11, 2020 August 17th, subject to legal review and tentative request for information deadline. The document will be on the November agenda. Mr. Simon asked if the direction is to have the results and submission to go to the CRA Advisory Board before the CRA Board or vice versa. Chair Grant commented the policy says they will see it on November 5th and the Board will see it on November 10th. Staff will create a scoring sheet and the CRA Advisory Board can rank the responses. Motion Vice Chair Penserga moved to approve as stated by the Executive Director subject to Legal review. Board Member Hay seconded the motion. The motion unanimously passed. E. Discussion of a Lease to the City of Boynton Beach for the CRA Owned Property located at 209 N. Seacrest Boulevard. Mr. Simon explained this item was brought forward pre-emptively to see if the Board wants to work with the City to allow the City to remain as a tenant at the property at 209 N. Seacrest. The CRA is scheduled to close on the property on October 31St, and the City is using the space for their Internal Affairs Department and a few Town Square contractors. They want to continue there until other accommodations are made. It would be modeled after the lease used at the 115 Federal Highway temporary Library site. Chair Grant noted the City was paying $7,864K a month or $94,200 a year, Motion Board Member Hay moved to approve. Vice Chair Penserga seconded the motion. The motion unanimously passed. F. Consideration of a First Amendment to the Standard Contract Agreement with Granicus, LLC for the Website Design, Build, and Maintenance Services Mr. Simon explained this item was for five monthly payments of the fee to coincide with the work as opposed to payment in a lump sum. Motion Board Member Hay moved to approve. Vice Chair Penserga seconded the motion. The motion unanimously passed. G. Land Banking Along Boynton Beach Boulevard Corridor Mr. Simon explained this item was requested by a Board Member to focus on acquisitions and future acquisitions along the Boynton Beach Corridor from 1-95 to 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 11, 2020 Federal Highway. The discussion is if this is a high priority area and how to address that focus. The CRA has two commercial properties on 401 and 411 E Boynton Beach Boulevard and 217 N Seacrest Boulevard. He reviewed what was available for sale on the corridor and learned there are four. Staff needed direction. Chair Grant thought the Advisory Board should review the properties. Vice Chair Penserga agreed it was a priority area and he wanted staff to look at other properties. He has also seen hideous properties along the section that should be redeveloped that are not on the list. Board Member Hay agreed. Mr. Simon will provide the information to the CRA Advisory Board. Tom Devlin commented without having anything in the budget for acquisitions, it could not be acted on. Chair Grant explained these properties were listed for several years and the CRA Advisory Board can discuss it. Chair Grant will forward information to the Advisory Board. H. Discussion of Palm Beach County Housing Authority Chair Grant indicated the Palm Beach County Housing Authority had indicated they would receive an update and they would inform the CRA about their properties. He wanted to direct Legal to draft a letter citing their letter last year and sending it to the Secretary of Housing and Urban Development and the Director of the SE region stating their desire to work with HUD on these properties, citing how many years the properties were vacant and reaching out to Governor DeSantis who appoints people to the Palm Beach County Housing Authority Board. Attorney Rossmell commented she would draft a letter to bring back to the Board. Board Member Hay agreed with the statement and thought they should be moving forward the best they could to get started. The point of the letter is not to be adversarial, rather it is to be informative. There was consensus this item would be presented at the next meeting. 15. New Business A. Discussion and Consideration of a Letter of Intent from Ocean Avenue Residences and Shoppes, LLC for the GRA Owned Property Located at 115 N. Federal Highway Chair Grant explained the CRA Advisory Board reviewed the presentation. Chair Grant was happy there was developer interest in the property, but his concern was there was no reaching out to the individual property owners. By giving the developer the property, it would be a catalyst for other property owners to be a part of the project. He wanted to instruct Mr. Simon to formally reach out to the surrounding property owners so they can learn with they want or need, such as if they have to purchase or any other requirement, they can add that as a requirement that runs with the land. Bradley Miller, Urban Design Studio, 508 E. Boynton Beach Boulevard, explained he was present virtually along with Bill Morris and Sunny and Max Van Arnem, the principals of Ocean Avenue Residences and Shoppes LLC, who prepared and 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 9, 2021 no change. She was concerned a fire could start when it rains heavily or there is lightning. She hoped something would happen this time. No one else coming forward. Public Comments was closed. 10. CRA Advisory Board A. CRA Advisory Board Meeting Minutes - January 7, 2021 B. Pending Assignments 1. Review of Commercial Properties within Boynton Beach Boulevard Corridor within CRA Area a. Reports on Pending Assignments Mr. Simon had a request from the Advisory Board on their pending assignments, which was a review of commercial properties on the Boynton Beach Corridor. They asked for further clarification on what the CRA Board is expecting as they report so they can close out the item. Chair Grant explained the Advisory Board has three options: indicate the property is something to land bank or buy; indicate if the property is something that may have value in the future; or indicate if the property does not fit the CRA's mission. Mr. Simon requested clarification that those options would apply to any commercial or industrial properties for sale and learned it was and it would be excellent if they provide a reason. Motion Board Member Katz so moved. Vice Chair Penserga seconded the motion. The motion unanimously passed. 11. Consent Agenda A. CRA Financial Report Period Ending January 31, 2021 B. Approval of CRA Board Meeting Minutes - January 12, 2021 C. Approval of Second Amendment to the Granicus, LLC Agreement for Website Design, Build and Maintenance Services D. Consideration of the Revised Interlocal Agreement and the Purchase and Sale Agreement with the City of Boynton Beach for the Historic Woman's Club of Boynton Beach located at 1010 S. Federal Highway 5 Minutes of the Community Redevelopment Agency Board Meeting Held on Tuesday, April 12, 2022, at 5:30 PM via GoToWebinar Online Meeting and Commission Chambers, City Hall, 100 E. Ocean Avenue, Florida Present: Ty Penserga, Board Chair Thuy Shutt, Executive Director Angela Cruz, Vice Chair Tim Tack, Assistant Director Woodrow Hay, Board Member Kathryn Rossmell, Board Counsel Thomas Turkin, Board Member 1. Call to Order Ty Penserga, Board Chair called the meeting to order at 5:30 p.m. 2. Invocation The Invocation was given by Board Member Hay. 3. Pledge of Allegiance Board Member Turkin led the Pledge of Allegiance to the Flag. 4. Roll Call A quorum was present. 5. Agenda Approval A. Additions, Deletions, Corrections to the Agenda Chair Penserga offered the following amendments: • Moving the entire CRA Projects in Progress section 13 A through G to after Business. • Clear the pending assignments for CRA Advisory, Items 10 A 1 and 2. He noted there is a new board and the Board should determine new priorities • Leaving Items14 C and F, 15 A on the table. The items are substantial policy decisions and they will appoint a new member to the CRA and he wants fifth member to participate in the discussion • Adding Agenda Publication Date and Deadlines to New Business. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 12, 2022 B. Adoption of Agenda Motion Board Member Vice Chair Hay moved to amend the agenda to move CRA Projects is Progress after New Business. Board Member Turkin seconded the motion. The motion passed unanimously. Chair Pensesrga requested a motion to clear CRA Advisory Board Assignment and tabling Items 14 C and F and 15 A and adding Agenda Publication Date and Deadlines to New Business. Motion Vice Chair Cruz so moved. Vice Chair Cruz moved to table Item 14 C. Board Member Turkin seconded the motion. The motion passed unanimously,: Motion Vice Chair Cruz moved to table Item 14F. Board Member Turkin seconded the motion. The motion passed unanimously, Motion Board Member Hay moved to table item 15 A. Vice Chair Cruz seconded the motion. The motion passed unanimously. Motion Vice Chair Cruz moved to add to New Business Publication Date and Deadlines. Board Member Board Member Hay seconded the motion. The motion passed unanimously. 6. Legal Kathryn Rossmell, Board Counsel, welcomed the new Board Members. No report was given. 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 Turkin disclosed he spoke with Nick Rojo briefly regarding 14 F. Board Member Hay had no disclosures. 2 i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: June 14, 2022 NEW BUSINESS AGENDAITEM: 13.E. SUBJECT: Discussion and Consideration of Letters of Intent for the CRA-owned Property located at 401- 411 E. Boynton Beach Boulevard SUMMARY: On May 27, 2022, the CRA received a Letter of Intent (LOI)from Millspring Properties, LLC for the purchase of CRA owned properties at 401-411 E. Boynton Beach Boulevard for a minimum of $630,000.00 (see Attachment 1). Steven Miller, President of Millspring Properties, LLC, is the property owner for the adjacent properties located at 314 NE 3rd Street, 322 NE 3rd Street, 321 N. Railroad Avenue and 313 N. Railroad Avenue (see Attachment 11). Mr. Miller would like to use 401-411 E. Boynton Beach Boulevard as a commercial location for two entities: 1. The Strong Heart Foundation, Inc., a non-profit organization whose mission is to raise awareness for people with undiagnosed hypertension and atrial fibrillation; and, 2. A business that repurposes and recycles bottles which would coordinate employees with The Lord's Place work re-entry programs Upon CRA approval, Mr. Miller would pursue the acquisition of 413 E. Boynton Beach Boulevard, Boynton Beach which would complete the property assemblage on the 400 block of E. Boynton Beach Boulevard (see Attachment 1-11). On June 3, 2022, the CRA received a second Letter of Intent from the U.S. Postal Service (USPS) (see Attachment 111). Due to the pending sale of the current USPS location at 217 N. Seacrest Boulevard, the USPS needs to relocate its retail operation and expressed the importance of maintaining the retail component east of 1-95 within the downtown area. The USPS LOI proposes the construction of a 3,490 square foot retail post office with 22 parking spaces. The LOI further explains the USPS would like the CRA to issue a Request for Proposals (RFP) to qualified parties to purchase the CRA-owned parcels and construct the freestanding building which the USPS will lease on a long term basis. The initial LOI indicated a 120 months with two 5-year options to renew, but further June 3, 2022, email clarifications indicated a 10-year firm initial lease with two 5-year renewal options and that the lease and rent is backed by the USPS which in turn is backed by the US Treasury. The USPS will also be providing the Design documents for the RFP. A rough timeline for the tenant buildout is one year but is dependent on the CRA's construction timeline and the USPS approvals based on hard lease and construction costs. BACKGROUND: On February 26, 2021, the property located at 401 E. Boynton Beach Boulevard was purchased along with the adjacent properties (407 & 411). 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. At the May 10, 2022 meeting the CRA Board voted to move forward with the demolition of the building located at 401 E. Boynton Beach Boulevard due to the high cost of renovating the building to meet code and the challenges associated with renting the building on a temporary basis. FISCAL IMPACT: To be determined by the CRA Board. CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach CRA Community Redevelopment Plan CRA BOARD OPTIONS: Option I — The CRA Board may table the agenda item and direct 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 additional Letters of Intent will be presented to the CRA Board for their consideration at the next available meeting; Option II - 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 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; Option IV - 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; or Option V -Alternative direction as determined by the CRA Board. ATTACHMENTS: Description D Attachment I - Letter of Intent from M illspring Properties, LLC D Attachment II - Property Location Map D Attachment III - Letter of Intent from U.S. Postal Service D Attachment IV - March 9, 2022 CRA Board Meeting M inutes D Attachment V -CRA Policy for Processing Letters of Intent Millspring Properties LLC 1313 W. Boynton Beach Blvd, 1B 4222 Boynton Beach, FL 33426 May 27, 2022 Boynton Beach Community Redevelopment Agency C/O Ms. Thuy Shutt 100 East Ocean Ave, 4d' Floor Boynton Beach, FL 33435 RE: Letter of Intent to Purchase Boynton Beach CRA Owned Property 401, 407, 411 East Boynton Beach Blvd, Boynton Beach, FL 33435 Dear Chair Penserga, Vice Chair Cruz and Board Members: Hay, Kelly, and Turkin This Letter of Intent is for the purchase of the properties at 401,407,411 East Boynton Beach Blvd, Boynton Beach,FL 33435 (.1091 .1284 .1457= .3832 acres)for the to be determined 2022 Palm Beach County's Property Appraisers Assessed Value with a minimum of$630,000.00. I am the President of Millspring Properties, LLC that owns 314 NE 3rd Street(1597 acres), 322 NE 3rd Street (.2358 acres), 321 N Railroad Ave (.4437 acres) and 313 N Railroad Ave (.1461 acres)for a total of.9853 acres, attached as Exhibit"A." My goals for acquiring the properties are as follow: 1. I desire to have a commercial location for two entities: 1) the Strong Heart Foundation, Inc. a non-profit organization whose mission is to raise awareness for people with undiagnosed hypertension and atrial fibrillation; and 2) another business that repurposes and recycles bottles which would coordinate employees with The Lord's Place work rentry programs. I believe with the assistance of the CRA I can redevelop the building located at 401 East Boynton Beach Blvd, to provide the community with positive resources. 2. As a long time CRA Business and the majority property owner for the block between Boynton Beach BLVD/ NE Yd AVE and NE 3rd ST/ N Railroad AVE, I would like to be a part of the discussion for any development decisions and agree that any future residential and commercial development be affordable for the community, including the current renters of these properties. 3. Once I have received approval to move forward from the Boynton Beach CRA I will contact the Salvatore C. Scalzo Trust to determine the extent of any current leases in order to make an offer for the property located at 413 E Boynton Beach Blvd, Boynton Beach, FL 33435. This is my first interaction with the Boynton Beach Community Redevelopment Agency in quite a while, and I look forward to working with you in the future. Steven W. Miller President, Millspring Properties, LLC From: steve miller To: Shutt,Thuy Cc: Steven B.Grant Subject: Re: Letter of Interestes in Properties at 401,407,411 East Boynton Beach Blvd Date: Thursday,June 2,2022 6:23:55 PM Attachments: imaae976924.12na imaae999301.12na imaae887470.12na imaae362121.12na imaae221552.12na imaae893838.12na imaae404971.12na imaae823544.12na image196621.ona imaae697966.12na imaae735964.12na imaae495524.12na Thank you Thuy, I appreciate your call and your ability to ignore the second document at this time. Have a successful week. Steve Steve Miller 561-779-1040 On Thursday, June 2, 2022, 12:45:27 PM MDT, Shutt, Thuy<shuttt@bbfl.us>wrote: As stated in my previous email,we will forwarded your LOI "as is"to the Board. It is up to them to accept, reject, or provide other directions, not staff. The 2p deadline today is for us to include the relevant information in our Board packet. Obviously the more details you can provide the more informed the Board will be in reaching their decision. I am understanding based on your email below that you would rather we not use the supplemental documents (since the LOI will not be rejected)so we will therefore will only use your previous letter and email to complete our staff summary. Let me know if you have any questions. Please cc: all staff listed here since we are in crunch time to finalize the packet. Thank you. Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android T'r7i„`y chi„tt, NA, FRT—RT 10v E. x fl Ave. ( Bo'yfl r yl Bea--; FI_r I,_.. _kT 9. 8 h i tffv-- bbfl.i,s ( http://www.boyntonbeachcra.com 13 9] U'CJ America's Gateway to the Gulfstream F _ „ F r „ iv _ r, es)u �, . r- , n i is rn n av be iF ect to dfit,d_�,ie.U''dlerFl_ I,;a reuordls law, trnail a,:, s aibliv _uon-k. TherefOre, !` iir mailrOr1"1t1"1 .vt6 aion aml voi.n e-mail a—hl _�, rn 1 be s 'b,.v_w p.bIv„I�v From: steve miller <smillspring@yahoo.com> Sent: Thursday, June 2, 2022, 2.01 PM To: Shutt, Thuy <ShuttT@bbfl.us> Subject: Re- Letter of Interestes in Properties at 401, 407, 411 East Boynton Beach Blvd Good afternoon Thuy, I am sorry that I was not able to reach you by phone. After reviewing my response to your requests for additional information, I was advised by my friend Steven Grant that the additional information should not be submitted. This is the reason why I called. If the deadline for additional information is set in stone and if our offer would be rejected if we did not reply by the 2 pm deadline today, then please open the attachment. However, if this deadline is not absolute, please hold off on opening the attachment as we would like to have a discussion first. Thank you. Steve 561-779-1040 Steve Miller 561-779-1040 On Wednesday, June 1, 2022, 02:10:10 PM MDT, Shutt, Thuy<shuttt@bbfl.us>wrote: Good afternoon, Mr. Miller, Thank you for your interest in the property. This is an acknowledgement that we are in receipt of your attached LOI. Please be advised that LOls submitted for the CRA Board's consideration should contain items typically included in an offer to purchase property such as but not limited to: Proposed purchase price—Please clarify if your offer is $630,000. Description of the entity and type of business Description of the entity's experience Description of proposed improvements and costs—Indicate if existing nonconforming building will be maintained and general costs to bring it up to code for the new uses/structure . Conceptual site plan showing proposed improvements—This is conceptual in nature but needs to have enough information to ascertain the building size, important site elements (parking/loading, building location, ingress/egress, etc.) and drawn to scale or with proper dimensions Knowledge that the proposed use is allowed under the City of Boynton Beach codes and regulations—Will the endusers be using this site as a professional office, recycling and processing, medical office or clinic, etc. or combination. If combination identify principal vs. ancillary uses? Evidence of financial capacity to complete the proposed improvements—Is this a cash proposal or are there lenders involved?Any deposits)? . Anticipated timeline to get all approvals, renovate/construct, and activate uses and closing date . Any other information you feel would be important for the Board to know as they review your proposal The above comments are provided to assist the CRA in the review your LOI and the Board's decision making process. CRA staff will forward your LOI for the Board's consideration "as is," but should you decide to supplement your LOI, please submit the additional information or supportive documents by Friday, June 2, 2022 at 2:00 P.M. to be included in the June 14, 2022 CRA Board packet that will be published on June 7, 2022. Please feel free to contact me should you have additional questions. Thank you. T'r7i,,1 S,hi,tt, NA, FRT-RT ExecutiveDirecror Boynton Reach [ommunityRedeve|opmentAgency 1OOE. OceanAve. I Boynton Reach, F|orida -.3-.3'J-,3'5 � 561'6OO'9098 Shutt|6c bbf|�us http://wvvvv.bnyntnnbeachcra.00m America's Gateway tothe Gulfstream Please be advisedthat F|orida has broad pub|icrecords law am all correspondenceto rine via email may besuL�ecttodisc|osure.Under Florida records law, email addresses are pi b|ic records.lherefore, youre' mail communicationandyoure-mail addressmaybesuL'ecttopub|icdisc|osure From: otevemiller<omi||ophng@yahoo.00m> Sent Friday, May 27, 2022 3:49 PM To: Penoerga, Ty<PenoergaT@bbO.uo>; Cruz,Angela <CruzA@bbO.uo>; Hay. Woodrow L. <HayVV@bbO.uo>; Kelley, Aimee <Ke||eyA@bbO.uo>; Turkin. Thomas <TurkinT@bbO.uo>; Shutt. Thuy <ShuftT@bbO.uo> Cc: Steven B. Grant<oteven@grandega|.00m> Subject: Letter of|ntereoteoinProperties at4O1. 4O7. 411 East Boynton Beach Blvd [)8@[ BOVOtOO Beach CRA Board and EX8CUtiV8 [)i[8CtO[. I @m Steve Miller, @ city Of BOVOtOO Beach small bUSiO8SS owner for about 16 V8@[S. and we are iOt8[8St8d in utilizing the p[Op8[ti8S @t410. 407. and 411 East BOVOtOO Beach Blvd. to C[8@t8 two new local bUSiO8SS8S that would have @ positive 8ff8Ct OO the community. Please review the attached letter and reach out to me by email or phone if you have any questions or need additional information. Thank you and have an enjoyable Memorial Day weekend. Respectfully, Steve Steve Miller 561-779-1040 Dear Boynton Beach CRA Board and Executive Director, I am Steve Miller, a city of Boynton Beach small business owner for about 16 years, and we are interested in utilizing the properties at 410, 407, and 411 East Boynton Beach Blvd. to create two new local businesses that would have a positive effect on the community. Please review the attached letter and reach out to me by email or phone if you have any questions or need additional information. Thank you and have an enjoyable Memorial Day weekend. Respectfully, Steve Steve Miller 561-779-1040 �s i za a f , 1 y, r *-t 1IM. j (I IBM - If - - z }_fid 5 m a W CL { � � 1 06 CL lS �IY lit�ij� LJ r,r t� d r v= y f }t F I i f NEW tl 1�1 1 ti5��`it4�_ 2i11l1r��t ' �, F'I GOLL U.S. Postal Service Lease Proposal Boynton Beach Relocation Thuy Shutt, AIA, FRA RA Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. Boynton Beach, FL 33435 June 3, 2022 Re: 401-411 E. Boynton Beach Blvd., Boynton Beach, FL Dear Ms. Shutt, On behalf of the United States Postal Service (USPS), Jones Lang LaSalle is pleased to submit this Letter of Intent (LOI) to the Boynton Beach CRA. Due to the pending sale of the current USPS location, USPS needs to relocate its retail operation. To continue to best serve the community, USPS seeks a new location as close as possible to the downtown hub. The CRA-owned property at 401-411 E. Boynton Beach Blvd. is an ideal site. However, because USPS is unable to purchase the land directly and construct a new building itself, they are respectfully requesting the CRA's assistance with the following solution: for the CRA to utilize Option II of its LOI Policy to issue a Request for Proposals to qualified parties to purchase the CRA-owned parcel and construct a freestanding building which USPS will lease on a long-term basis. Following are the details of this requirement: 1. USPS Building Requirements: Premises Size: 3,490 SF Premises Type: Retail post office Docks Required: One(1)dock Parking: 22 Spaces 2. Form of Lease: As a federal entity, USPS is required to utilize its lease form. 3. Rental Type: USPS seeks a modified gross lease, whereby the landlord would have responsibility for maintaining the building and grounds. 4. Space Condition: USPS will provide a complete design which the landlord shall use to construct the building shell. USPS will build out the interior itself. 5. Lease Term: 120 Months (possibly longer), with two (2)five-year options to renew. Please feel free to contact me with any further clarification or questions in order to help you expedite your response. Page 1 of 3 GOLL U.S. Postal Service Lease Proposal Boynton Beach Relocation Sincerely, Sarah Kutner, Senior Transaction Manager Jones Lang LaSalle Email: Sarah.Kutner@am.jll.com Tel: (202)719-6135 cc: Richard Hancock, USPS Steve Robinson, JLL Page 2 of 3 GOLL U.S. Postal Service Lease Proposal Boynton Beach Relocation Attachment A USPS Concept Plan Land Survey f I I I J ------------- . _ __ ,A w fl I (,"T SITE PLNN/FLOON PLAN UJ - STATE ROAD 804-OOY14TON BEACH BLVD a �� �•N a r �� eu �� � � ,�, I� .+uEr , i4 �n. � r. LOT 6 T(; LCT LT c5 LOT J LOT 2 LCT I 14 m ,A A Yq_y STATE RUA NPUN @EI,,H SL,.13 .s - Ci Page 3 of 3 NE 3RD STREET O— m — — mm 17' 0 v I m Z G) { z� s o Ln �� m T D r M, ------------- Fl - DIN m m O FE m D AI w s _ m I 0 A � - r m i O 1 � � f X zP y - m n O = n z m m m _ m — — — — — — — D 120' n x x xx n x 2 o a mZ vim wQ� I W A'z0 G N�� � I PROPOSED JDSE E.BLANCO-ARCHITECT o v BOYNTON BEACH FINANCE T 431411 BOYNTON BEACH BLVD. X BOYNTON BEACH.FL. oEE�r 3wz .,0 334359993 1 f 4 6 I i - oR-20 7'2 o-< 9g.t7(c) � oN oo pyo Fo 2LY 45' so(vJ bo +d, " m vim. n A D tui' m cn oc m 9� - A $ _ o aot)A ) o 221 91 112 ar - < -soo38b2 e 120.00 'as , I 8M , o(v) a LiNEs I (�wicu)Lo e. I se o s.°o �s o f- I I I_ RAI LROq w AVE ioe ausEic aAy LP) --_ o'. Amo - - ____ - g- so 9w-o gsg ✓ � Lit _ - - In i NAVD88 oemr°u°x e P.B,&Pe. --f s°x� BOUNDARY AND TOPO SURVEY FOR N eouNoarev nNo.ovo suavEr FIL omoazozo - bFriL—VE LLC e zo-m10 °- " BOYNTON BEACH vaoFesslomal suavenmo amu M 33441 ee N° 12de SE 12THAVE 7E5FFIftD BFAGi.FLh0— w COMMUNITY REDEVELOPMENTAGENCY °E.��RTH °`A°2°R1"°""°h0 6L of 1 From: Hancock, Richard A-Greensboro,NC To: Shutt,Thuy Cc: Tack,Timothy; Utterback,Theresa;Curfman,Vicki Subject: RE: [EXTERNAL]401-411 E. Boynton Beach Boulevard Property and LOI Policy Date: Friday,June 3, 2022 10:12:32 AM Attachments: imaae001.pna innage002.Ung imaae003.pna imaae004.pna imaae005.pna innage006.Ung USPS Proposal-Boynton Beach .pdf Hi Thuy, Per your request please see below in response to your questions. • Provide a brief description of the financial structure for the proposal (you had verbally indicate a 15 year Treasury Bond —please provide details) and physical redevelopment of your proposed project. For instance, will specifications for the site elements and building shell be provided to the CRA for the Request for Proposal and Developer's Qualifications (RFP/RFQ) Package? The Postal Service can commit to a 10 year firm initial lease with two 5 year renewal options. The 15 year term I mentioned would require [ICS approvals. The lease and rent is backed by the Postal Services which is in turn backed up by the US Treasury. There is no Bond. Per#4 in the Proposal the Postal Service will be providing the Design documentation to the C'RA. • Provide a brief description of your proposed redevelopment timeline from execution of a purchase and development contract to project completion. The tirrieline is dependent on the C'RA and the proposed construction timeline as well as the Postal Services final project approvals based on hard lease and construction costs. For a ballpark new space development we estimate approximately one year for completion. Very tentative tirrieline. • Provide the amount of assistance, financial or otherwise, you would be seeking from the CRA. The Postal Service is seeking no assistance of any kind from the C'RA. This is a request to lease a to be constructed new Postal Retailfacility on C'RA property at fair market rates. Thank you, Rick Richard Hancock Real Estate Specialist USPS Facilities PO Box 27497 Greensboro, NC 27498-1103 336-665-2848 336-324-7891 (Cell) rich ard.a.hancock2@usps. ov From: Shutt, Thuy<ShuttT@bbfl.us> Sent: Friday,June 3, 2022 9:51 AM To: Hancock, Richard A-Greensboro, NC<Richard.A.Hancock2@usps.gov> Cc: Tack, Timothy<TackT@bbfl.us>; Utterback, Theresa <UtterbackT@bbfl.us>; Curfman, Vicki <CurfmanV@bbfl.us> Subject: RE: [EXTERNAL] 401-411 E. Boynton Beach Boulevard Property and LOI Policy CAUTION: This email originated from outside USPS. STOP and CONSIDER before responding, clicking on links, or opening attachments. Good afternoon Rick, In anticipation and preparation for our June 14, 2022 CRA Board meeting, I wanted to reach out to you regarding your Letter of Interest (LOI) submitted to us today and the conceptual site plan that was previously submitted on May 10th for the CRA owned properties located at 401-411 E. Boynton Beach Boulevard. It would be to Board's benefit during their discussion of the item to have a few more details concerning your LOI and proposed project. Would please provide responses to the following items: • Provide a brief description of the financial structure for the proposal (you had verbally indicate a 15 year Treasury Bond —please provide details) and physical redevelopment of your proposed project. For instance, will specifications for the site elements and building shell be provided to the CRA for the Request for Proposal and Developer's Qualifications (RFP/RFQ) Package? • Provide a brief description of your proposed redevelopment timeline from execution of a purchase and development contract to project completion. • Provide the amount of assistance, financial or otherwise, you would be seeking from the CRA. I am out of the office today but Tim Tack, our Assistant Director will be working on the agenda item today. Responses to the items listed above will need to be submitted to Tim as soon as possible but no later than the end of day Monday,June 6, 2022 in order to be included in the June 14, 2022 CRA Board meeting documentation. If you have any question, please do not hesitate to contact Tim at (561) 600-9091. Thank you. Thuy S-hu'U, AIA, FRA-RA I:.X e1,u I;Ve. ii; er 0 10`0 t . (-),,-�.a . Ave. ire �w�. 1 e a�., F �:� ,..�a J 341 3 j ��C http://www.boyntonbeachcra.com America's Gateway to the Gulfstream I ea cnyea ��� �e��� aP � -ga asah a _ re_� . � uvea .� a ��i � .r�Or �� �c « r:,e �� aern mu e s �.�� 1 _. c.0 cr 0 .11u rr _ ay.1 erre u. c e _ rc 1 her c re r e r a : c r nU c,an ,a ';O Ur e r a ,a c : rr r e � 1e•.- 0:Ure. From: Hancock, Richard A-Greensboro, NC<Richard.A.Hancock2Lusas. ov> Sent: Friday,June 3, 2022 9:09 AM To: Shutt, Thuy<ShuttT anbbfl.us> Cc: Tack, Timothy<TackT anbbfl.us>; Utterback, Theresa <UtterbackT anbbfl.us> Subject: RE: [EXTERNAL] 401-411 E. Boynton Beach Boulevard Property and LOI Policy Hi Thuy, Good morning, please see attached the Postal proposal to lease a to be constructed building based on our requirements on the property referenced. We look forward to moving this project forward. Please contact me with any questions or if you need additional information. Thank you, Rick Richard Hancock Real Estate Specialist USPS Facilities PO Box 27497 Greensboro, NC 27498-1103 336-665-2848 336-324-7891 (Cell) richard.a.hancock2@uses. ov From: Shutt, Thuy<ShuttT anbbfl.us> Sent: Friday, April 1, 2022 11:17 PM To: Hancock, Richard A-Greensboro, NC<Richard.A.Hancock2Lusas. ov> Cc: Tack, Timothy<TackT anbbfl.us>; Utterback, Theresa <UtterbackT anbbfl.us> Subject: [EXTERNAL] 401-411 E. Boynton Beach Boulevard Property and LOI Policy CAUTION: This email originated from outside USPS. STOP and CONSIDER before responding, clicking on links, or opening attachments. Hi, Rick, As requested, I am attaching some documents for the site. We have demolished the easternmost building(409-411 E. Boynton Beach Blvd.) and sodded the vacant lots (see picture). The only structure remaining is the 401 E. Boynton Beach Blvd. building (see survey for size). I have also attached the Appraisal (pre-demolition) and the CRA LOI Policy. Let me know if you need anything else. Thank you and have a great weekend! Thuy S,hu'U, AIA, FRA-RA I:.X eruI iVe. ii; er 0 3 OV w Y. Y: «E w r err i ``-I http://www.boyntonbeachcra.com America's Gateway to the Gulfstream " ea c nye a ��� �c��� u . 0 a� u n� u. _ �e_ . � uv� u . u �0r r -i 11r �e « r:,e v� a err mu c . �� << _ e.0 c � .J1a r _ ay., erre u. e c _ r e_ 1�e c e r a : c r r:u -ah ,a ';oUr e r a ,a c : rr r e , 1e•.- 0:Ure. 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 BOYNTON 'Mg"' {5,i<BEACH �CRA Boynton Beach Community Redevelopment Agency Policy for Processing Letters of Intent to Purchase Property The Boynton Beach CRA ("CRA") will use the process outlined in this Policy for Processing Letters of Intent to Purchase Property ("Policy") to address any Letters of Intent to Purchase Property that the CRA receives that are not the result of a formal request for such letters. The Policy is designed to ensure a fair process for property disposal, furthers the goals and objectives of the 2016 Boynton Beach Community Redevelopment Plan, and acts in the best interest of the CRA. Letter of Intent Policy: When the CRA receives a Letter of Intent to purchase a property owned by the CRA, the CRA staff will add an item to the agenda of the next regularly scheduled CRA Board meeting to discuss the Letter of Intent. However, if the Letter of Intent is received by the CRA less than 5 days before the next regularly scheduled CRA Board meeting, the CRA staff will add the Letter of Intent item to the agenda of the next available regularly scheduled CRA Board meeting. The CRA staff will include the Letter of Intent and all supporting documents as backup to the Letter of Intent agenda item. At the regularly scheduled CRA Board meeting,the CRA Board may consider one of the following options upon receipt of a Letter of Intent to purchase a CRA-owned property: Option I - The CRA Board may accept the Letter of Intent and direct the CRA staff and legal counsel to negotiate the terms and conditions of a Purchase and Development to be presented at a future meeting and direct the CRA staff to issue a thirty(30)day Public Notice to Dispose. If during the Public Notice period, the CRA receives one or more additional Letters of Intent to purchase the same property, the CRA Board will direct the CRA staff and legal counsel to develop a request for proposal document to be presented to the CRA Board for their consideration at the next available meeting. The CRA will then follow its regular procedures for issuing requests for proposals, evaluating responses, and selecting the successful proposal(s); Option II - The CRA Board may determine that it is in the best interest of the CRA to solicit additional offers to purchase the property, the CRA Board will direct the CRA staff and legal counsel to develop a request for proposal document to be presented to the CRA Board for their consideration at the next available meeting. The CRA will then follow its regular procedures for issuing requests for proposals, evaluating responses,and selecting the successful proposal(s); or, Option III -The CRA Board may determine that it is in the best interest of the CRA to reject the terms and conditions of the Letter of Intent and elect not to proceed with any further action. 00849969-1 i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: June 14, 2022 NEW BUSINESS AGENDAITEM: 13.F. SUBJECT: Request by the City of Boynton Beach for a Temporary Suspension of the Neighborhood Officer Program (NOP) SUMMARY: On May 27, 2022, the CRA received a letter from Interim Police Chief Joe DeGiulio requesting a temporary suspension of the Neighborhood Officer Program (NOP) through the end of August due to staffing shortage resulting in the temporary assignment in the NOP officer to patrol responsibilities. Details of the temporary adjustments are explained in the letter (see Attachment 1). It is anticipated that the staffing situation should improve by September 1, 2022. Major Mike Johnson, the CRA's contact for this request, had verbally indicated that the department will continue to provide NOP services for the CRA business promotional events. The CRA will not be charged for NOP services during the next three months except for coverage at the scheduled business promotional events. FISCAL IMPACT: FY 2021 -2022 Budget, Project Fund, Line Item 02-58500-460, $524,627 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan, Goals and Principles and Implementation Guide (Pages 33 and 131) CRA BOARD OPTIONS: To be determined by the CRA Board. ATTACHMENTS: Description D Attachment I - May 25, 2022 Temporary Suspension of NOP Letter from Interim Police Chief DeGiulio D Attachment 11 - FY 2021-2022 NOP Budget From: Johnson,Michael To: Shutt,Thuv Cc: DeGiulio,Joseph Subject: Temporary Suspension of NOPs Program Date: Friday,May 27,2022 1:52:13 PM Attachments: SKM C36822052713240.pdf image001.png image002.png image003.png image004.png image005.png image006.png image007.png image008.png Good afternoon, Per our discussion, I have attached the memorandum regarding the temporary suspension of the NOPs program. If you need anything else please let me know. Thanks, i� Mike Johnson 561-742-6103 �g Major en johnsonm@bbfl.us Patrol and Community Services www.bbpd.org Boynton Beach Police Department 9 2100 High Ridge Road, Boynton Beach, FL 33426 P Vanessa IL Snow Joseph DeGlulio lack Dale 2100 High Ridge Road Interim Police Chief AWstant Chief Assistant Chief Boynton each,FL 33426 561.742.6100I , , Date: May 25, 2022 To: CRA Board From: Interim Police Chief Joe DeGiulio Subject: Temporary Suspension of Neighborhood Officer Program Please accept this memorandum as a request to suspend the Neighborhood Officer Program (NOP) for the next three months. The department is facing a staffing shortage making it necessary to tempo" rily,reassign the NOPs to pa&ol responsibilities. For the next three months; of tiers assigned to the Neighbbffiood.Qfficer Program will be reassigned to shifts to supplement'road,,patrol with responding to calls for. service. This is just a tem'pvrary adjustment to`their regular duties for the Boynton Beach CRA. Ideally, the NOPs officers will be,assigned zones that correlate with,the CRA district and will resume their dailyN OPs/CRA responsibilities once current trainees are released to solo duty: Sgt. Henry Diehl,will remain in his position as the Community Services Sergeant and Public Safety Aide VictorColon will maintain his,daily duties,and responsibilities within the CRA district. I anticipate the staffing shortagesto`be significantly,improved by September 1, 2022. F The Boynton Beach Police Department remainscommitted to the,Neighborhood Officer Program as this unit is an integral part of the way we build relationships with the community we'seive. I waht,t0l thank you for your continued support of`tfie Neighborhood"'Officer Program. Sincerely, Interim Chief Joe DeGiulio Professionalism Respc Integrity is iExcellence r a- FY 2022 Category QTY Budget ==Notes W Officer Salary& Incentive(Paramore) 1 95,392 Salary, Education Incentive Officer Benefits-Pension 1 41,568 Pension Officer Benefits 1 17,524 Healthcare, Dental,Vision, FICA Officer Salary& Incentive(] Rivera) 1 77,495 Salary, Education Incentive Officer Benefits-Pension 1 32,117 Pension Officer Benefits 1 16,155 Healthcare, Dental,Vision, FICA Officer Salary& Incentive 1 59,241 Salary, Education Incentive(AVG) Officer Benefits-Pension 1 28,051Pension (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 ® o 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 Preventative maintenance Total Equipment Costs I Is 50,178 o 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 i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: June 14, 2022 CRA PROJECTS IN PROGRESS AGENDAITEM: 14.A. 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 225 821 ;CRA Funding for Economic Impact Study;($25,000) ;Remaining Fund Balance as of 5/2/22: ;$305,779 ----------------------------------------------------------------------- List of CRA Board approved Economic Development Program Grantees since October 1, 2021: BusinessBusiness Business Funds Total Funds Name Address Type Grant Approved Disbursed Year-to-Date Stevo, Inc. d/b/a C K's to Lockshop & 301 SE 4 Lockshop Property $2,368 $2,368 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 4th Street Southern 501 N. Golf Cars, Federal Retail and Property $75,000 $0 1 nc. Highway I ndustrial I mprovement 507 N. Federal Highway Appliance 622 N. King of Federal Retail Pperty $25,000 $12,500 America, Highway I mprovement I nc. H. Longo 500 Insurance Gulfstream Rent Associates, Boulevard, Office Reimbursement $5,784 $5,784 1 nc. d/b/a Unit 201 Extension Allstate Premier 326 W. Medical Boynton Medical Rent Center of Beach Office Reimbursement $5,871 $2,935.50 Boynton Boulevard Extension Beach, LLC Service First 420 W. Rent Boynton Professional Reimbursement Processing, Beach Office Property $40,000 $0 Inc. Boulevard I mprovement Pending Board Approval June 14, 2022 Studio Glo, 413S. Rent LLC Federal Hair Salon Reimbursement $6,798 $0 Highway Extension New Business Tax Receipts issued in April and May 2022 within the CRA boundaries: Business Name Business Address Business Type ManCave for Men 1503 S Federal Highway Barber Shop 823 Investments, LLC 1310 N. Federal Highway Professional Office Green Dragon Florida, LLC 2201 S. Federal Highway Vending Machine Service The Rib Stop & More 1017 N. Federal Highway Carry-out Restaurant Hold the Bridge, LLC 639 E. Ocean Avenue, Unit Administrative 406 FISCAL IMPACT: FY2021-2022 Budget, Project Fund, Line Item 02-58400-444, $556,600 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. i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: June 14, 2022 CRA PROJECTS IN PROGRESS AGENDAITEM: 14.13. SUBJECT: Rock the Block Recap SUMMARY: EVENT RECAP On Saturday, May 21, 2022, the C RA hosted the Rock the Block event in Downtown Boynton Beach along East Ocean Avenue between NE 31d Street and Federal Highway. Event details are as follows: The multi-block event featured live music from the band Making Faces, food and beverages from downtown restaurants, and family-friendly activities. Event attendees were encouraged to enjoy the festivities, stroll the avenue, shop with merchants, and dine at restaurants. To maximize customer outreach, CRA staff worked with interested businesses to provide a vendor tent and/or activate various Boynton Beach Bucks offers during the event. Participating businesses included: • The Boardwalk Italian Ice & Creamery; Exhibited at the event and promoted a Boynton Beach Bucks offerfor buy one, get one free Italian Ice. • Hurricane Alley; Promoted a Boynton Beach Bucks offer for$5 off any food purchase. • Guaca Go; Exhibited at the event and promoted a Boynton Beach Bucks offer for $5 off any food purchase. • The Butcher& The Bar; Exhibited at the event and promoted a Boynton Beach Bucks offer for$5 off any food purchase. • E&C's Beauty Salon Experience; Exhibited at the event and promoted a Boynton Beach Bucks offer for$25 off any salon service, excluding waxing. • ArtSea Living Studio; Contracted to provide a complimentary children's art activity and promoted a Boynton Beach Bucks offer for$25 off any purchase of$35 or more. Feedback from businesses: Following the event, a survey was sent to the participating businesses to determine their feedback regarding how the event impacted their business. The results (Attachment 1) from the five businesses that submitted responses indicated the following: • Are you able to determine an increase in your business sales? o Yes— 100% • The majority of the participating businesses reported an increase in sales revenue between 10% and 448%, when compared to sales the weekend of May 14, 2022. One business indicated that their sales were down 20% compared to the following weekend. • Did you notice an increase in the number of people visiting your business during the event in comparison to the two previous weekends? o Yes— 80% o No—20% Feedback from event attendees: In an effort to engage the community and obtain demographic information, event patrons were encouraged to complete a short feedback survey to spin the wheel of luck, which provided the opportunity to win gift certificates to the participating businesses or CRA branded promotional items. The results from the digital survey responses (Attachment 11) indicated the following: • Please select which best applies to you. o I live in Boynton Beach— 73.5% o I live in Palm Beach County—26.5% o I am visiting from out-of-state —4.8% • Have you dined in downtown Boynton Beach before this event? If so, please select all the restaurants that you have previously visited. o Hurricane Alley— 69.9% o Pio Pio— 30.1% o Guaca Go—44.6% o 500 Ocean Cafe — 18.1% o The Butcher&The Bar— 31.3% o Nicholson Muir Meats— 1.2% o East Ocean Cafe — 30.1% o Boardwalk Italian Ice and Creamery— 39.8% • Have you ever visited any other downtown Boynton Beach business? Please select all that apply. o E&C Beauty Salon Experience — 10.8% o ArtSea Living Studio—28.9% o The Barbershop — 3.6% o The Blossom Shoppe Florist& Gifts— 8.4% o Kenny's Market—24.1% o The Sol Oasis Healing Arts Center& Yoga Studio—2.4% o Moxie Love —4.8% o Ocean Food Mart—25.3% • How did you hear about the Rock the Block event? o Social Media— 39.8% o Email — 13.3% o Poster/Street Sign— 30.1% o Newspaper/Magazine — 3.6% o From a Friend/Family Member— 19.3% Photos from the event can be viewed on the CRA Flickr page: https://www.flickr.com/photos/boyntonbeachcra/albums/72177720299187535 EVENT MARKETING 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 The 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 D). Cost: $800 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: $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 F). Cost: $450 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: $995 Billboard - The event was promoted on the billboard located on 1-95 and Gateway Boulevard (Exhibit H). Cost: $0 Blog - A blog to promote the various aspects of the event was published to the BBCRA's Boynton Beach Insider blog (see Exhibit 1). Cost: $0 FISCAL IMPACT: FY 2021 - 2022 Budget, Project Fund, Line Item 02-58500-480 - $20,000 for the event and $3,740 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 - Business Feedback Survey D Attachment II - Event Patron Feedback Survey D ExhibitA-I Rock the Block Business Recap All Responses Question 1 has 4 answers(Open Text) "Name of Business(Optional):" unknown camas[said: "The Boardwalk" Unknown wMact said: "ArtSea Living" Unknown—9.0t Wd: "Hurricane Alley" Unknown wMact Bald: "The Butcher&The Bar" Question 2 has 5 answers(Radio Buttons) "Business Type:" Food/Beverage 4 (80.0%) Professional Service 0 (0.0%) Retail misommmm 1 (20.0%) Other 0 (0.0%) Question 3 has 5 answers(Radio Buttons) "Are you able to determine an increase in your business sales?" Vee s (100.0%) No 0 (0.0%) Question 4 has 5 answers(Open Text) "If yes,please estimate the percentage increase that you experienced from the previous weekend's sales on May 14th,2022" Unknown wMact said: "10%" Unknown-mat..1d: "4448%" unknown camas[said: "10%" Unknown wMact said: "Down 20 percent" Unknown oorRact ea1d: "40V Question 5 has 5 answers(Radio Buttons) "Did you notice an increase in the number of people visiting your business during the event in comparison to the two previous weekends?" Y- 4 (60.0%) No misommmm 1 (20.0%) Question 6 has 5 answers(Radio Buttons) "Did you run any special promotions during the event?" vea 2 (40.0%) No 3 (60.0%) Question 7 has 2 answers(Open Text) "If yes,what were your special promotions?" t@nknswn wMact said: "Buy one get one free at the event" Unk—comat swa1d: "Boynton beach bucks Show special sandals" Question 8 has 5 answers(Range) Avg rating:9.0 "On a scale of 1-10,how satisfied were you with the additional exposure that was brought to your business with the event being hosted in downtown Boynton Beach?" 100% 75% 50% 25% r 0% 1 2 3 4 5 6 7 a 9 10 Question 9 has 5 answers(Range) Avg rating:6.8 "If applicable,were you satisfied with the Boynton Beach Bucks promotions that was run during the event?" 100% 7�VX 50% 2 0% 0 1 2 3 4 5 6 7 a 9 10 Question 10 has 5 answers(Checkboxes) "Would you be interested in participating at Rock the Block or other BBCRA hosted events in the future?" yes 5 (100.0%) No 0 (0.0%) Question 11 has 5 answers(Radio Buttons) "Which day of the week would you prefer that the Rock the Block event be hosted?" Monday 0 (0.0%) Tuesday 0 (0.0%) Wednesday 0 (0.0%) Thursday 0 (0.0%) Friday 0 (0.0%) Saturday 4 (60.0%) Sunday MEMINIMEM 1 (20.0%) Question 12 has 5 answers(Radio Buttons) "What time of the day would you prefer for the event to be held?" 12PMto4PM 0 (0.0%) 2PMto6PM 0 (0.0%) 4PMto6PM 2 (40.0%) 613Mto10PM 3 (60.0%) Question 13 has 4 answers(Open Text) "Please provide the BBCRA with any additional feedback that you'd like to share about the event or participation:" t@nknswn wMact said: "We would like these small events relegated to only businesses operating in the CRA District" t@nknswn wMact said: "Thx for DJ(Marcia Levine was more animated and got people dancing) Could have benefited with more lights Could have used another activity down by Flower Shop. We appreciate all you did!Kids tent was very busy!Parents loved it! SSSucks were a big hit! Mercedes and Amanda are Rockstars!!!The event is so good!Thank you!!!!" t@nknswn wMact said: "Boynton bucks was confusing to many patrons" Unkn——9.0t weld: "Great event!We were down 25%on last year,but it was still well worth it.I'd be interested in knowing how the turnout for this event is compared to the concert events the City hosts at the Ampitheater,which steals business from us and other businesses by having outside food trucks and bars(we have data to show our decrease in sales every time there is an event at the Ampitheater). Would love to see Rock the Block and/or street closure events more often. People love them!!" Question 1 has 83 answers(Checkbo.%es) "Please select vvhich best applies to you" I Hve in Boynnon Peach 61 (735 I live in Ra?rr SeacCaumy B&INSIMINWAIRNMM 22 '263-55n@ I live in Rlror��a, Q+Pilm Sea,,-H,C"inty I am vhti�.g frcrn ou'-Qf,F,%ate Quest ion.2 has 82 ans-wens(Open Text) "What is your zip code? Unkouvwn conmct sacl; "33437" U nknown mn tac t�wad "3343T Unknown contact-mid "33435" Llr�knowo "5348T Unkrwwn conw.i "33462' 1-5 of Question 3 has 73 answers(Checkboxes) "Have you dined in downLown Boynton Beach before this event?If so,please select all the restaurants that you have previously v1sited." No Rd 25 Guaca 12,0 500 Ocean Cafe ]KIEMEEM The Butcher and The Bar 25 (31I3%' Nicholson Muir Meats E,a,s:t ocean Cafe, 25 (303%'. Board"valk ta'ian Ice and Cteafflery 30 Question 4 has 4S answers(Checkboxes) "Have you ever visited any other downtown BQyriton Beach business?Please select all that apply-." E&C Beauty Salon ExPp-rience A,—,5ea ILrng Studio 24 'The R-atcershw IN 3 1316 The Blosscm Shop ae F orit&Oifts am 7 Kenny's Market THE SOL CAS1 S FeaVrQ Aris Center and Yoga studio 2 (2.4%) (4'.s%) Ocean FQo-,l Mart INNEENNEREM 21 (25.33%) Question 5,has 79 ansivers(Checkboxes) "How did you hear out the Rock the Block event?" Social',Aed�a, ErnaH RRRTMM 11 C13-3%) Pos,erjStreet Sign 114MERERWASIMMERM, 25 (30]%' Newspaper.'Maga:ine on 3 (3-6%j FrQ.,r-.a Fr1,erd,!Fa-ri1v Mem,er 132111111M 16 t19.3%) Qm sdoii 6 hzis 29 answers(Open Text) "If you would like to,subscribe to the B)CRA email list for future Boynton Beach Bucks deals please enter your email below.13y providing your email address,you agree to receive promotional.messages from the Boynton Beach CRA. Please he advised that under Florida records lakv, emailaddresses are public record.Therefore,your email address may be subject to public disclosure." Unknown ccwaiict-,kir Unknown comicr i,d: "Espincza.Bec,ky@yalioo.r.oiii" U 9known ror,i au.w,:d "karangaikwad-1221 @gmail.com- 1-5 oi 29 > Question 7 has 37 answers(Checkboxes) "If you provided your email please se1eCL what types of email material you would like to receive. Business,Ou-'reach M 4 Bwsinas-,Pmmcti�ns 4 Events All, a6uvd MWARM I D (12.,0%; Exhibit A—Coastal Star tow OW OW M B? Bat" 41" S1 Rill lg�% B� Ig PRESENTE 6YNT6yN� CRA COMMUNITY REWIEVES9PMW AGENCY YN NNOEACH C RA.CUM Interpreter available upon request, y Contact CoppInM@bbit.us or 1561)60,0-9097 Exhibit B—Gateway Gazette 00 Gov 41� 4`r WNfl fK ii 6 N vASkIANIYR 4 Da FlAC EJB Fm nG@41ucl BOYNTONBEACHORA.CQM Interpreter available upon request* Contact CoppinM@bbfl.us or (561)600-9097 Exhibit C—Neighborhood News r; lat. 4m PRE,SSE rhe KITED�BY, TAC. CRA 4C COMMUNITY REDEVELOPMENT AGENCY Boy NTONBEACHCRA.com Interpreter available upon request. Contact CoppinM bbfi_us or (661)600-9497 Exhibit D—The Atlantic Current �CK n�, IT MAY 21 —gpM '�30' 0OWNT W"N BO NTON BEACH 100 N.E. 411 STREET musicBY MAKING FACE'S 4 4 )51��. i S 4� s4 sift h 10.0 aU)?s rlfi(l U}} M .......... N1111i - tl �4 4 s414 4 X54 d 4 tt� t tr(� �n 44 {h' THE 1��f4MARINU V 144� 4 Q, c JUNE ��� HARBOR BOYNTO 735 CASA LOMA BOULEVARD 4W!"K B SPRED, THE DUB P I � - 'S "HERRY IDER C TOOYNTONEAC y 4i M14 Exhibit E—Posters Ir IA WX t RC war,Pa f�Y BOYNT LEAH RA G[.h"umry RL:ummMUNr AgCNCY H HEACHGR _COM Exhibit F—Social Media Performance for your post tl.y— 0-1,ORA —,,I,d 1,--..C,pp,, 4a 3 2,623 k t-BB—BlIq ra11IFl51tleYs gide on Hoot t,R—th, 1 10 0 539, rOYNTON—�—NSIFER A'ORDPR—COM o zee ata Rock the Blockteam more EM,,ft, d, a,d fi,,,d, R—th, 111D.- 2"" as, a, P IEngagements a, ceopa 2K 332 Rzed,ed2. Ke—-d% E:.,eenz V d,h— 0 cm,., losl'— oke Q C— R—, Pertormarzce f.,y.0 r post 4.744 'A"l-c� 10-I—M RI—IQ w. M.,k .I.,d.,l R-k Th.Blo,k k bz,k."NI,2W f-5-9PMI 292 Dant t -.,th,,FREE�ent f,--q live'L Md�-t t" B.ynma B-1,Sucks d.,end MS.I i,i,g Stud, Ansel P" 213 96 11 t—1 to y- Dose—,Boy-,,B—h I I ,22 2 3f 0-, 553 Y' 262 54 241 2 0 tf NO Gef more takes,cmmments ane snares .marc... 4144 141 9 co, 11 11—, P.'N'r nce for your pest Boyr-6 hCRA .•• 776 P ti'..hed r caf ai r,Rie.r hta_t 1g v?l " B,yrii Beach 9,,,k,,,backthis Sai irday at R—the BiII Ttw Bar 6uMir,easea and theirir—five;are as rollaws `�"' 55 OFF rt Hunica Aft ii,C--Go.enb The Bateher and The Bar 4 4 0 BUY OME GET ONE FREE ai The 8--all,r.11., C—,—, Bpymm Beach.FL(valid atvend.,tant only) S25 OFFanyeervl (.ldidingw.Al at ESC's Beady Salon Experianx 2 2 4 ._S.mora e a,.a- a.. 6 r.•.a U .�v. 17 j 4 kr 1 —F.- 0 a_ � 1 n _ oyn¢ Lion Beach f I u s e,mores en. s Nfl en Yeab t(ti Vesi.ertsa)'eall h-v retlin mare peapla s - re25 „le Faached Engagerrtranls Ussden,ele�s,Lida y..artia9ovrrgS o-i?-, Sh-1 dJ Like Comnie3it (',5hare ...- Performance for your past B,yr—Raeeh CRA .., .. - Ca 1,926 -.... 8e sure se tv si- p by lh ilsan Fair during Rack the Blacki 34. Ti ent will be h -d b.';ricea Li,irg Stadia.Th f3 sis Boynton Bash\'oya Sp%iaarmg Rrfa Center.-d Nome Lc-we. 23 is 9 Tri,Brr All fvature elr ofa iyr. ardors.Y.ds" t.'i'ev ,III canvas _ - - pa nig p,tl-pa dng-goga.antl local art gj" Q 0 d �' ireeary rinn—B Rom ing m= SATURDAY MAY 21 � 5P-4P Kid's Activities,Mini Canvas Painting,Pottery Painting, Yoga, Live Music&Locd Art ((''�� 412JLgs{{t'S�S,,c€gn{:Atrrm��nve/n]fEayntan t3ereh \J�4bl',TOASIC7 �(�11�,e�t 1C2-, - 1 1,121 57 b' ena ' Like Q,Comment .�, Slrare - - Exhibit G -Street Signs imoff,ffm REM= 0 Illepi MAY 2111- - PM DOWNTOWN BOYNTON BEACH TH STREET BUYNTUNO EACH C RA.ca i I MAY 21 5T C KIll 5-91 m DOWNTOWN BOYNTON BEACH 100 N.E. 4 STREET geeTH BOYNTONBEACHCRA.cam Exhibit H—Billboard �� MAY 2111 - 5-9pMQ CKDOWNTOWN BOYNTON BEACH TI 100 N.E. 4 STREET iI I � ► � Exhibit I—Blog BOY'NTON BEACH ti BOYNTON BEACH INSIDER MOD Ar r r` t IN I 1 j „ i linr n taps:// oynton ac insi era or press.co /2 22/ 5/19/rock-the-block/ i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: June 14, 2022 CRA PROJECTS IN PROGRESS AGENDAITEM: 14.C. SUBJECT: Social Media& Print Marketing Update SUMMARY: Throughout the month of May, the BBCRA social media platforms were utilized to provide updates about various BBCRA initiatives, including the promotion of the Rock the Block event. Posts were also shared to promote the various CRA Board workshops that took place in May, and the NW 11 th Avenue Roadway I mprovement Project that was completed in August 2019. 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 Rock the Block event, the Boynton Harbor Marina, and shopping locally for Mother's Day. Ads were published in the following publications: The Atlantic Current, The Coastal Star, Coastal Angler, Neighborhood News, Florida Sports Fishing, and Gateway Gazette. See Attachment I for examples of the social media and print ads that were published in May 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 -$1,793 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 - May Social Media & Print Marketing Overview D Attachment II - May Facebook Posts U w � Q D d ZD 0 Z H W IseryQ 06 Q D w 73; J Q U 0 a a a � 6 w a c m E a � st F r i d t�11�s3kl��i<'i i�ff 41, i144 r t cn E A2 cn a W �� f 22 1 M o M ap o W ° Mi p" O OE C 11 Nk a rd n sn r i > O © ra a b u e m E ¢ 'fits t fi�fi X4'1 f Ai�P cn O r $! t W rx cn m ---------------------------------------------------------------------------------- ----------- a - W b U C E J � m b N C U AF s v G: a r� S pp Q - s fl d U C N O! 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'�"3jtAitl trt i41 ' E\ t �it}ri r�� , � Irt �F Facebook Posts 45,'301'2022 The Boynton,Beach CRP,would like 0 to thank all of ou] service members342 5 05129/2022 Summer is here and so is the heat] 1 300 Contac o Pugh Pools to get your hcl I 2 05/2812022 Want a shiny car but don t have time �� 5 t.�v PMr � to self wash this weekend?(Main �� 250 4 45/27/2022 1/lemcnal Day is almost herel The107 WE .y P,,,y 2 4K Boynton Harbor P,laiina offers a 38 05124+2022 PUBLIC,NOTICE TheCRAAB55 0 meeting that was scheduled for.lune 3 05`25+2022 Clear Copy is located at 13304 N 4 209 21 Federal Hwy is here for all your 15 , 45/2512022 All certified divers are invited to l�v 2 3K 2.3 reg]ste]�rai the Rock the Manna& 35 05/24+2022 Please]egisrersoi Boynton Beach rL 344 5 t){IINI community RedeuelopmentAgency �' 0 05124;2422 We re excited to see the ongoing m' 203 3 � transformation taking place in the 4 05I'23/2422 m What s bettei than coffee with your � 441 19 � ' taestfriend on a Monday inonaing? 9 0512 212 0 2 2 "� Nicholson Muir I'deats offers 1 3K 102 � ur 1 charculerle boards to-gn for your next 40 45(21+2022 We are live at Rock The Block in � � 9D1 100 f`],f Downtown Boynton Beachi Come 42 05/2002022 The weekend is here and we are �� 3 7k 496 t-o r't, ready to rocks Tomorrow at 5.04 PM 65 45 20'2422 JLy Aie you looking for a way to refresh 55- 509 11 v and rejuvenate before summer? 3 05/1912022 Did ynu know Sweetwater has a 477 1 t>t l"M custom Tegriila to represent their 2 Facebook Posts 05'19 2022 Take a 1@@k at the BBORA Bids 540 21 /I� for an insider guide on hovv to M 115 2.6K View p ro m otion 05fl 8QG22 Boynton Beach Bucks is back763 17 1A this Saturday at Rock the Block] 8 IE 0 05il&'2022 Please be advised that the „ 209 -,1""M Bovntcn Beach Community 1JE-1 209 0 05!1712022 It's#TfansforrinationTuesdayl 46 !r F, 085, X N11 Take a I @@k at the amazing is 05116 2022 Check cut some of the fabulous 24 4,36 businesses located in the 7 05M 5QG22 #SundayFLInday is here]Book a 105 OC,A 11 M 115 1.3K pleasure cruise with Linitio 62 05i14o'2022 Be sure to stop by the Artisan 0 1- A Fairduring Rock the Black,This Im 19 �- M, I 4K 34 051112022 Please be advised that the1 FIN Boynton Beach Community Jib— kA 312 0 05,1 32022 Aie you working on a home- 24 11�1 imps project,need tools, 223 r 2 0511 1 Q02 2 Have you tried Driftwood 2 PM r4l Boynton Beach?They specialize 281 2 051 012022 Have Vou tried Nicholson Mum 229 I I-'� 0,,,M Meats in Dovmtown Boynton E-1 1.5K 39 05/09Q022 Mark your calendarl Rock The 552 'i G7 FV Block isback ciiFlay 2istifoi-�i 4.7K 291 05,'08)2022 The Boyntcr,Beach CRA,,,ould)MM 0 -0 000vi” to wish i all Moms a very 352 ,,, like� 4 Facebook Posts 05x0712022 .x Celebrate NIothei s Day with a1� � ' 359 5 f PNP, local w=orkout in B yntcnBearh 1 05107x'21722 V� Treat your rather to a local454 3 CO 4N 4BoymonBeach sweet This 6 05106,+2622 Dine local in#BoyntonBeach for 5 !f f,l �, Mother s Day � Huiricane % 385 3 G5,'0&2022 81 Shop kcal in�GoyntonBeach for 18 6,6 q I`�lother's Dayl g.ArtSea Living 05;45 2022 To view andlrir participate ' 280 1 ? ?1 P`I virtually in the January BBCRA 2 05x052022 I'vake your morn smile thislE 753 5 ®_ 'tx mothers Day by ordering=ram a 18 05x0412022r � Celebrate moi-r by treating her 803 31 45= ro N1 to a delirious brunch in 16 05x03 2022 ' Treat r,lom to,a local spa368 1 r}F,1 treatment this blothef`s Day in 4 05x4212022 CALLINGAt_L DI'VERSI The r 34 )m Boynton Beach Rock.the Marina 1.8K 44 04,t28,12022 Visit Shearulogy Salon to 1 184 1 f,M, P-SuppertLricalBustness and tri 1 0412712022 3 Prime Catch invites you to try 25 4 A F,t , some of their delicious nevi 0 04(2612022 Please he advised that the265 0 IIkli Boynton Beach Community r7 1 m °; _ 04125 2022 � v >ti Have you dined at 6anam"? 53 3',I'ri Strip by far a delicious Italian 786 22 i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: June 14, 2022 CRA PROJECTS IN PROGRESS AGENDAITEM: 14.D. SUBJECT: Tree Canopy Coverage Project Update SUMMARY: On December 1, 2020, the City Commission of Boynton Beach executed an Interlocal Agreement (ILA) with the Boynton Beach Community Redevelopment Agency (CRA) for the funding of the Tree Canopy Coverage Project in an amount not to exceed $60,650 with an expiration date of December 31, 2021 (see Attachment I — Resolution R20-134). On December 7, 2021, City Commission approved the First Amendment to the Interlocal Agreement between the City and CRA for the Funding of the Tree Canopy Coverage Project to extend the expiration date to June 30, 2022 (see Attachment I I — Resolution No. R21-169). The purpose of the ILA is to assist the City with its goal of planting of 3,000 trees per year to achieve 20% tree canopy coverage by 2035 and to improve the overall quality, aesthetics, and function of the designated properties identified as Tree Canopy Coverage Project Potential Planting Areas (PPAs) within the CRA Area. To date, the City has received $48,092.00 in reimbursements from the CRA leaving an outstanding balance of$12,558.00. On April 18, 2022, City staff notified the CRA that they were unable to spend the $12,558.00 before the I LA expires on June 30, 2022. The City has exhausted all the large areas available for planting in the CRA and does not currently have a contract in place to do smaller plantings nor matching funds to cover the labor and administrative costs. City Staff requested the CRA reallocate the remaining funds. FISCAL IMPACT: FY 2021-2022 Budget Project Fund, Line Item 02-58200-406, $60,650. The City has submitted invoices totaling $48,092.00 to the CRA for reimbursement, the remaining $12,558.00 will be reallocated to the CRA Capital Outlay Project Fund. 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 D Attachment I - Resolution R20-134 Tree Canopy Coverage Interlocal Agreement D Attachment II - Resolution R21-169 First Amendment Tree Canopy Coverage ILA D Attachment III -City Staff Email 1 RESOLUTION NO. R20-134 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA,APPROVING AND AUTHORIZING THE MAYOR TO 4 SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY 5 OF BOYNTON BEACH AND THE BOYNTON BEACH 6 COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE 7 FUNDING FOR THE TREE CANOPY COVERAGE PROJECT; 8 AND PROVIDING AN EFFECTIVE DATE. 9 WHEREAS, the City Commission adopted Resolution R20-091 which established a 10 city-wide tree planting goal; and 11 WHEREAS, the City is undertaking a Tree Canopy Coverage Project to plant trees in 12 furtherance of that goal; and 13 WHEREAS, on November 10, 2020 the Boynton Beach CRA approved the Interlocal 14 Agreement between the City of Boynton Beach and the CRA to fund the Tree Canopy Coverage 15 Project within the Boynton Beach Community Redevelopment Area in the amount of 16 $60,650.00; and 17 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 18 recommendation of staff, deems it to be in the best interests of the City residents to approve and 19 authorize the Mayor to sign an Interlocal Agreement with the Boynton Beach Community 20 Redevelopment Agency to fund the Tree Canopy Coverage Project within the Boynton Beach 21 Community Redevelopment Area. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. Each Whereas clause set forth above is true and correct and incorporated 25 herein by this reference. S:ACA\RESO\Agreements\ILA With CRA For Funding Tree Canopy Coverage Project-Resol.Docx 26 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby 27 approve and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton 28 Beach and the Boynton Beach Community Redevelopment Agency to fund the Tree Canopy 29 Coverage Project in an amount not to exceed $60,650.00, a copy of said Interlocal Agreement 30 is attached hereto as Exhibit"A". 31 Section 3. That this Resolution shall become effective immediately upon passage. 32 PASSED AND ADOPTED this day of December, 2020. 33 CITY OF BOYNTON BEACH, FLORIDA 34 35 YES NO 36 37 Mayor— Steven B. Grant 38 39 Vice Mayor—Ty Penserga 40 41 Commissioner—Justin Katz 42 43 Commissioner—Woodrow L. Hay 44 45 Commissioner—Christina L. Romelus 46 47 VOTE 48 ATTEST: 49 50 r' 51 52 Cr stat Gibson, MMC 53 City Clerk s5 . lk '"y56 (CAposte Seal) 870 ✓ fS 4f SACA\RESO\Agreements\ILA With CRA For Funding Tree Canopy Coverage Project-Resol.Doex (3 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF THE TREE CANOPY COVERAGE PROJECT WITHIN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AREA. THIS AGREEMENT("Agreement")is made by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, ("CITY"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA") (individually and collectively, the "Party"or"Parties"). WITNESSETH: WHEREAS,the 2016 Boynton Beach Community Redevelopment Plan("Plan")calls for the redevelopment of the Community Redevelopment Area("CRA Area")as described in the Plan; and WHEREAS, the City has previously adopted City of Boynton Beach Resolution R20-091 (attached hereto as Exhibit"A") which establishes a city-wide tree planting goal; and WHEREAS, the CITY will undertake a Tree Canopy Coverage Project to plant trees in furtherance of that goal; and WHEREAS, tree planting is anticipated to take place in locations identified in designated Tree Canopy Coverage Project Potential Planting Areas (PPAs), as further described in Exhibit "B,"which is hereby incorporated herein; and WHEREAS,the CRA desires to provide the CITY with funding for planting trees in PPAs that are within the CRA Area (the"Project"); and WHEREAS, the Project site lies within the boundaries of the CRA Area; and WHEREAS,the Project is intended to improve the overall quality,aesthetics,and function of the PPAs within the CRA Area; and WHEREAS, the CRA Board finds that this Agreement, and the use of the CRA's funds for the Project, is consistent with the Plan and Chapter 163, Florida Statutes; and WHEREAS, due to the intended elimination of slum and blighted conditions, and the beneficial neighborhood and redevelopment impact of the Project, the CRA and the CITY find that this Agreement serves a municipal and public purpose, and is in the best interest of the health, safety, and welfare of the CITY of Boynton Beach, including the Community Redevelopment Area; 01388588-1 NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitals. The recitations set forth above are hereby incorporated herein. 2. Obligations of the CRA. a. The CRA shall provide funding to the CITY in an amount not to exceed Sixty Thousand Six Hundred Fifty and 00/100 Dollars ($60,650), for materials and equipment costs associated with the physical improvements of the Project consistent with the terms of this Agreement, to be used for only reimbursement of certain eligible expenses. Eligible expenses are those expenses that are consistent with the requirements of Florida Statutes, consistent with the Plan, directly related to the Project, and in compliance with the requirements of this Agreement. In addition, only expenses directly associated with planting materials and installation shall be considered eligible expenses. b. The CRA shall make payments to the CITY upon receipt of a complete written request from the CITY for payment, so long as such request complies with all requirements of this Agreement. 3. Obligations of the CITY. a. The CITY shall ensure funds provided by the CRA are not used for any purposes prohibited by § 163.370(3), Florida Statutes,or otherwise prohibited by law. b. The CITY shall ensure that the Project is designed and constructed in compliance with the Plan. C. The CITY shall be responsible for overseeing the Project, coordinating with the contractor(s), and otherwise contracting and coordinating with all other entities as necessary to effectuate the Project,but shall coordinate with the CRA concerning compliance with the Plan. d. The CITY shall also be responsible for the maintenance of the trees planted as a result of the Project,along with contracting and coordinating with all other entities as necessary to comply with the Urban Forestry Management or applicable industry best management standards. e. Upon request from the CRA, or an authorized agent of the CRA, including the Executive Director or designee and the CRA Attorney, the CITY shall provide all documents reasonably requested by the CRA or CRA's agent concerning compliance with this Agreement, specifically including any documentation concerning compliance with Florida Statutes or supporting any Reimbursement Request. 01388588-1 2 4. Reimbursement of Funds a. The CITY shall provide a written request for reimbursement of funds ("Reimbursement Request")meeting the requirements of this Agreement to the CRA no later than 30 days after payment by the CITY of funds for which it is seeking reimbursement,and in no case later than 30 days after the Project achieves final completion. For purposes of this Agreement, final completion shall be deemed achieved upon approval of a final inspection from the City, or the equivalent. The request shall include the following information: i. The amount of reimbursement requested; ii. A summary of the Project improvements for which the CITY seeks reimbursement; iii. A statement that the Project is in compliance with the Plan and Florida Statutes, and evidence supporting the statement. iv. Copies of all invoices, receipts, and any other documentation necessary to evidence the amount and purpose for each payment made by the CITY for the Project for which the CITY is seeking reimbursement. v. For any Reimbursement Request submitted after final completion, evidence of an approved final inspection, or equivalent, and a final report by the City detailing at minimum the type of trees, quantity, size, location, and the associated maintenance program for the trees that are planted. b. Upon receipt of a complete Reimbursement Request from the CITY that meets the requirements of this Agreement, the CRA shall remit funding in the amount requested, consistent with this Agreement,to the CITY within thirty(30)days of receipt of the Reimbursement Request. C. If the CITY fails to submit a Reimbursement Request within 30 days after the Project achieves final completion, the CITY will no longer be eligible to receive any reimbursement and this Agreement shall terminate. If the CITY submits a Reimbursement Request that the CRA deems incomplete,the CRA shall notify the CITY in writing. The CRA may ask for additional documentation that could reasonably be used to evaluate or support the Reimbursement Request. The CITY shall have 30 days from receipt of the notice to provide the necessary documentation to complete the Reimbursement Request. If the CITY fails to provide the documentation required by the CRA within 30 days,the CITY shall only be eligible for the portion of the Reimbursement Request, if any, that the CRA deems complete and eligible. The CRA will 01388588-I 3 not reimburse the CITY for any portion of the request the CRA deems ineligible for reimbursement. 5. Limits of CRA Obligations for the Project.The Parties agree that the CRA shall only be responsible for providing reimbursement to the CITY for eligible expenses for the Project,and shall not otherwise be responsible for effectuating the Project or maintaining any trees planted as a Result of the Project. 6. Indemnification.The CITY shall indemnify, save,and hold harmless the CRA,its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct of persons or the faulty equipment (including equipment installation and removal) associated with the Project. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA or the CITY as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require the CITY to indemnify the CRA for CRA's own negligence,or intentional acts of the CRA, its,agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 7. Term of the Agreement. This Agreement shall become valid and commence upon execution by the last Party to this Agreement, and unless earlier terminated pursuant to this Agreement, shall terminate after the Project has obtained an approved final inspection, or equivalent, and the CRA reimburses the CITY for the Project, or on December 31, 2021 ("Termination Date"), whichever comes first. In no case shall the CRA be required to reimburse the CITY for any untimely requests,or requests submitted after this Agreement is terminated. The term of the Agreement may be extended only upon the execution of a written amendment signed by the CITY Commission and the CRA Board. Nothing in this paragraph shall be construed so as to affect a Party's right to terminate this Agreement in accordance with other provisions in this Agreement. 8. Records. The CITY and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs 01388588.1 4 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 ten-n of this Agreement and at least 1 year after the ten-nination of the Agreement. 9. Filing. The CITY shall file this Interlocal Agreement pursuant to the requirements of Section 163.01(11)of the Florida Statutes 10. Default. Unless otherwise provided in this Agreement, if either Party defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of ten(10)calendar days after receipt of written notice of such default from the other Party, the Party giving notice of default may terminate this Agreement through written notice to the other Party. Failure of any Party to exercise its right in the event of any default by the other Party shall not constitute a waiver of such rights. No Party shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any Party to seek a legal remedy for any breach of the other Party as may be available to it in law or equity. 11. No Third Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights in any third parties that are not signatories to this Agreement. 12. Compliance with Laws. The CITY and the CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. 13. Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the Parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the ten-ns of this Agreement. 14. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such the remainder of the Agreement shall continue to be binding upon the Parties. To that end, this Agreement is declared severable. 01388588-1 5 15. Governing Law and Venue. The terms of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of laws principles. Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida, to which the Parties expressly agree and submit. 16. No Discrimination. Parties shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 17. Notice. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States snail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving of notice: a. CITY: Lori LaVerriere, City Manager City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 b. CRA: Michael Simon, Executive Director Boynton Beach CRA 100 E. Ocean Avenue 41h Floor Boynton Beach, Florida 33435 c. Copies To: James A. Cherof Goren, Cherof,Doody& Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Tara Duhy, Esquire Lewis, Longman & Walker, P.A. 01388388-1 6 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 18. No Transfer. The Parties shall not, in whole or in part, subcontract, assign, or otherwise transfer this Agreement or any rights, interests, or obligations hereunder to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without first obtaining the written consent of the other Party. 19. Interpretation; Independent Advice. This Agreement shall not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties.The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 20. Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically(i.e.,via facsimile or.pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 21. Survival. The provisions of this Agreement regarding indemnity, waiver, termination, maintenance of trees,and records shall survive the expiration or termination of this Agreement and remain in full force and effect. 22.Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. [Signatures on following page.] 01388588-I 7 IN WITNESS WHEREOF,the CITY and the CRA hereto have executed this Agreement as of the later of the dates set forth below. ATTEST: CITY OF BOYNTON BEACH, a Florida municipal orporati By: C stat Gibson, CITY Clerk Steven B. Grant, May r Approved s to o Date: 1 f 7Z� ' (SEAL) Office of the Cl Y mey Approved/Ag t Form: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ice of the CRA Attorney ``� d Date: 01388588.1 8 EXHIBIT"A" (insert R20-091 as pdf f le due to low resolution) 01388388-1 9 EXHIBIT"A" (insert R20-091 as pdf file due to low resolution) 01388588-1 9 EXHIBIT"B" (Insert POTENTIAL PLANTING AREAS(PPA) WITHIN CRA AREA as pdf file) 01388588-1 10 Exhibit"A" RESOLUTION NO. R20-091 4 A RESOUITION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, ADOPTING A CITYWIDE TREE PLANTING 6 COAL OF 3,000 TREFS PER YEAR TO ACHIEVE 20% 7 MEE CANOPY COVERAGE Bt' 2035, AND PROVIDING 8 AN EFFECTIVE DATE, 9 10 I I WHEREAS, the City of Boynton Beach enjoys numerous benefits from its ill-ball forest 12 including shade. energy savings, walkable neighborhoods. natural beauty. \0dlil'e habitat. n increased property values. carbon sequestration, uptake of air pollution. and absorption of' 14 stonwvater runoff.and 15 WHEREAS, trees are declining throughout the southern United States as a result of 16 developmeni, storm damage. disease., and lack, of replacement as older trees die: and 17 WIIEREASI, all urban tree canopy assessment of Boynton Beach found that tree canoe) 18 covers 16.1% of the city's total land area. and that the City lost 1% of its tree canopy. or about 19 1,800 ire". from 2017 to 2019, and 20 WHEREAS,the same assessment found that 7.4%ofthe City's land area could potentiallN 21 he planted vvith additional trees: and 22 WHEREAS, the City's 2020 Climate Action Plan identifies Urban Forestry as a kex 23 strategy to help reduce corninunity-wide — _greenhouse gas emissions 50'!/o helovv 2015 levels by 24 2035. and -'s WHEREAS, planting trees in targeted areas can increase equity because low-income 20 neighborhoods often have lower tree canopy and hotter surface temperatures: and 27 WHEREAS,community members have identified tree canopy expansion as a 1017 priority 28 to make Boynton Beach a more sustainable city: and 29 WI]FREAS, the City has developed partnerships with nonprofit organizations and .,0 received grant awards to plant trees in public parks. schools. and private residences: and 1o(A*l M),lrt,c catwjs -Rvs,)Does,, 31 WHEREAS. the City Neill continue to pursue grants and other fundinc opportunities. and 32 will engage the private sector to contribute to the citywide tree planting goal; and 33 WHEREAS,,the City will conduct a land cover assessment every four to five years to track 34 progress toward meeting the tree canopy goal ol'201/110 coveraVe. 35 NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 36 CITY OF BOYNTON BEACH, FLORIDA,THAT: 37 Section 1. Mach Whereas clause set forth above is it-tic and correct and incorporated 38 herein by this reference. 39 Section 2. The Boynton Beach City Commission adopts a city-wide tree planting goal 40 of 3.000 trees per year to achieve 20%tree canopy coverage by the year 2035. 41 Section 3. That this Resolution shall become effective immediately upon passage. 42 PASSED AND ADOPTED this day of September, 2020. 43 CITY Of BOYNTON BEACI 1. FLORIDA 44 45 YES NO 46 Mawr— Steven B. Grant of 47 48 Vice Mayor , Ty, Penserga ✓ 49 50 Commissioner--Justin Katz 51 52 Commissioner Woodro\\ L I lay 53 54 Commissioner— Christina L Roinclus 55 56 VOIT 57 58 61) 61 Cr tai Gibson. MMC 62 C J\, C lerk 63, 64 65 (Corporate Scall s ( A',RLS ) I tee Cinopy Reg,-Dov u- N U 8 Knuth d t d 1�t , tai e � r i f � � CL L) ILn 1 1. I - � .f.�l 1} i• - -r, k 1S� SIN q t„ . s c t) r. 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Consent Agenda 12/7/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/7/2021 Requested Action by Commission: Proposed Resolution No. R21-169-Authorize the Mayor to sign an Amendment to I nterlocal Agreement between the City and CRA to extend the end date of the agreement for the funding of the Tree Canopy Coverage Project. Explanation of Request: On December 1, 2020, the City Commission of Boynton Beach signed an Interlocal Agreement(ILA) with the Boynton Beach Community Redevelopment Agency (CRA)for the funding of the Tree Canopy Coverage Project in an amount not to exceed $60,650. The goal of the ILA is to assist the City with its goal of planting of 3,000 trees per year to achieve 20% tree canopy coverage by 2035 (R20-091) and to improve the overall quality, aesthetics, and function of the designated properties identified as Tree Canopy Coverage Project Potential Planting Areas (PPAs)within the CRA Area. Staff request that the ILA be amended to extend the end date (currently December 31, 2021) to June 30, 2022 to allow the City adequate time to select planting locations for the remaining budgeted trees. Thus far, CRA funds have been spent on trees and materials for large planting events (40-100 trees at a time) in public parks, medians, and rights-of-way. Identifying further tree planting locations has become more time consuming, as it requires evaluating, selecting, and preparing specific sites to install small groups of 1-10 trees. Amending the I LA to extend the end date will allow the City sufficient time to ensure that the CRA funding is fully utilized and that trees are placed in the most appropriate and beneficial locations. How will this affect city programs or services? The City is currently under contract with Community Greening Corp (commencing on May 5, 2021) to supply trees, associated materials, equipment, and labor to install the trees. The City will request reimbursement from the CRA for trees, materials, and equipment as stipulated in the ILA. Fiscal Impact: As of November 17, 2021, the City has submitted invoices totaling $48,092 to the CRA for reimbursement, leaving $12,558 remaining in the CRA budget for trees and materials per the ILA. The non-reimbursable labor and event costs for the remaining CRA tree plantings (estimated $10,000) is allocated in FY 2021-2022 in the Utilities Sustainability Account#401-2821-536.94-44 Alternatives: Not approve the Amendment to the I nterlocal Agreement to extend the term of the agreement. Strategic Plan: Building Wealth in the Community, Transportation and Mobility , Public Health and Safety , Environmental Sustainability Strategic Plan Application: By increasing tree canopy, this project will enhance property values and economic development across the CRA, contribute to more walkable neighborhoods, reduce urban heat, and enhance community sustainability. Page 102 of 899 Climate Action Application: 2020 Climate Action Plan Strategy C-1.5 Urban Forestry. Is this a grant? Grant Amount: Attachments: Type Description D Resolution Resolution approving First Amendment extending ILA with CRA for Tree Canopy Funding D Amendment F I rst Amendment to ILA with C RA for Tree Canopy Funding D I nterlocal Agreement Original ILA with CRA for Tree Canopy funding Page 103 of 899 I RESOLUTION NO. R21- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN 4 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF 5 BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY 6 REDEVELOPMENT AGENCY TO EXTEND THE END DATE OF THE 7 AGREEMENT FOR THE FUNDING FOR THE TREE CANOPY COVERAGE 8 PROJECT;AND PROVIDING AN EFFECTIVE DATE. 9 WHEREAS, on December 1, 2020 the City Commission approved an Interlocal 10 Agreement between the City of Boynton Beach and the CRA to fund the Tree Canopy Coverage 11 Project within the Boynton Beach Community Redevelopment Area in the amount of 12 $60,650.00; and 13 WHEREAS,the goal of the ILA is to assist the City with its goal of planting of 3,000 trees 14 per year to achieve 20% tree canopy coverage by 2035 and to improve the overall quality, 15 aesthetics, and function of the designated properties identified as Tree Canopy Coverage 16 Project Potential Planting Areas (PPAs) within the CRA Area; and 17 WHEREAS, so far, CRA funds have been spent on trees and materials for large planting 18 events (40-100 trees at a time) in public parks, medians, and rights-of-way; and 19 WHEREAS, amending the ILA to extend the end date will allow the City sufficient time 20 to ensure that the CRA funding is fully utilized and that trees are placed in the most appropriate 21 and beneficial locations; and 22 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 23 recommendation of staff, deems it to be in the best interests of the City residents to approve 24 and authorize the Mayor to sign an Amendment to Interlocal Agreement with the Boynton 25 Beach Community Redevelopment Agency to extend the end date of the agreement for the 26 funding of the Tree Canopy Coverage Project within the Boynton Beach Community 27 Redevelopment Area. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 29 BOYNTON BEACH, FLORIDA, THAT: 30 Section 1. Each Whereas clause set forth above is true and correct and 31 incorporated herein by this reference. S:ACA\RESO\Agreements\Amendment To ILA With CRA For Funding Tree Canopy Coverage Project-Reso.Docx Page 104 of 899 32 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 33 approve and authorize the Mayor to sign an Amendment to the Interlocal Agreement between 34 the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency to 35 extend the end date of the agreement for the funding of the Tree Canopy Coverage Project, a 36 copy of said Amendment to Interlocal Agreement is attached hereto as Exhibit "A". 37 Section 3. That this Resolution shall become effective immediately upon passage. 38 PASSED AND ADOPTED this 7th day of December, 2021. 39 CITY OF BOYNTON BEACH, FLORIDA 40 YES NO 41 42 Mayor— Steven B. Grant 43 44 Vice Mayor—Woodrow L. Hay 45 46 Commissioner—Justin Katz 47 48 Commissioner— Christina L. Romelus 49 50 Commissioner—Ty Penserga 51 52 VOTE 53 ATTEST: 54 55 56 57 Crystal Gibson, MMC 58 City Clerk 59 60 61 (Corporate Seal) S:ACA\RESO\Agreements\Amendment To ILA With CRA For Funding Tree Canopy Coverage Project-Reso.Docx Page 105 of 899 FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF THE TREE CANOPY COVERAGE PROJECT WITHIN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AREA. This FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF THE TREE CANOPY COVERAGE PROJECT WITHIN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AREA ("First Amendment") is entered into by and between the City of Boynton Beach ("City") and the Boynton Beach Community Redevelopment Agency ("CRA") (collectively referred to as the "Parties"). RECITALS WHEREAS, the Parties entered into the INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF THE TREE CANOPY COVERAGE PROJECT WITHIN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AREA ("Agreement') on December 17, 2020; and WHEREAS, the Agreement is set to terminate on December 31, 2021; and WHEREAS, the Parties desire to extend the terms of the Agreement subject to the terms of this First Amendment. NOW THEREFORE, in consideration of the terms and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of where are hereby acknowledged, the Parties hereby agree to amend the Agreement as follows: 1) Incorporation. The recitals and other information above is hereby incorporated herein as if fully set forth. 2) Term of the Agreement. The term of the Agreement is extended until June 30, 2022. 3) Effective Date of this Amendment. This First Amendment will become effective at the date and time that the last party signs this Amendment. 4) The Parties agree that all terms, conditions, and provisions of the Agreement not amended, modified or deleted by this First Amendment shall continue in full force and effect. 5) This First Amendment may be executed in any number of counterparts, any one 01575963-1 Page 106 of 899 and all of which shall constitute the agreement of the Parties and each of which shall be deemed an original. To the extent of any conflict between the Agreement and this First Amendment, this First Amendment shall control. IN WITNESS OF THE FOREGOING, the parties hereto have caused this First Amendment to be executed on the day and year written below. Approved as to Form: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Office of the CRA Attorney Steven B. Grant, CRA Chair Approved as to Form: CITY OF BOYNTON BEACH By: Office of the CITY Attorney Steven B. Grant, Mayor 01575963-1 Page 107 of 899 I RESOLUTION NO. R20-134 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA,APPROVING AND AUTHORIZING THE MAYOR TO 4 SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY 5 OF BOYNTON BEACH AND THE BOYNTON BEACH 6 COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE 7 FUNDING FOR THE TREE CANOPY COVERAGE PROJECT; 8 AND PROVIDING AN EFFECTIVE DATE, 9 WHEREAS, the City Commission adopted Resolution R20-091 which established a 10 city-wide tree planting goal; and 11 WHEREAS, the City is undertaking a Tree Canopy Coverage Project to plant trees in 12 furtherance of that goal; and 13 WHEREAS, on November 10, 2020 the Boynton Beach CRA approved the Interlocal 14 Agreement between the City of Boynton Beach and the CRA to fund the Tree Canopy Coverage 15 Project within the Boynton Beach Community Redevelopment Area in the amount of 16 $60,650.00; and 17 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 18 recommendation of staff,deems it to be in the best interests of the City residents to approve and 19 authorize the Mayor to sign an Interlocal Agreement with the Boynton Beach Community 20 Redevelopment Agency to fund the Tree Canopy Coverage Project within the Boynton Beach 21 Community Redevelopment Area. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. Each Whereas clause set forth above is true and correct and incorporated 25 herein by this reference. S�CXRESO\AgreementsULA With CRA For FundingTree Canopy Coverage Project-Reso I Docx Page 108 of 899 26 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby 27 approve and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton 28 Beach and the Boynton Beach Community Redevelopment Agency to fund the Tree Canopy 29 Coverage Project in an amount not to exceed $60,650,00, a copy of said Interlocal Agreement 30 is attached hereto as Exhibit "A". 31 Section 3. That this Resolution shall become effective immediately upon passage. 32 PASSED AND ADOPTED this day of December, 2020. 33 CITY OF BO"TON BEACH, FLORIDA 34 35 YES NO 36 37 Mayor—Steven B. Grant 38 39 Vice Mayor—Ty Penserga 40 41 Commissioner—Justin Katz 42 43 Commissioner— Wood row L. I-lay 44 45 Commissioner—Christina L. Romelus 46 47 VOTE 48 ATTEST: 49 50 4 51 52 Crtai Gibson, MMC 53 City Clerk �6 Dere Seal) 0 70 S',CA. RESG%Agreement,s\ILA With CRA For Fund[ngl'rce Canopy Coverage Project-Resol-Doex Page 109 of 899 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF THE TREE CANOPY COVERAGE PROJECT WITHIN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AREA. THIS AGREEMENT("Agreement")is made by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, ("CITY"), and the BOYNTON EACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA") (individually and collectively, the 44party"or"Parties"). WITNESSETH: WHEREAS,the 2016 Boynton Beach Community Redevelopment Plan C"Plan") calls for the redevelopment of the Community Redevelopment Area C'CRA Area")as described in the Plan; and WHEREAS, the City has previously adopted City of Boynton Beach Resolution R220-091 (attached hereto as Exhibit"A")which establishes a city-wide tree planting goal; and WHEREAS, the CITY will undertake a Tree Canopy Coverage Project to plant trees in furtherance of that goal; and WHEREAS,tree planting is anticipated to take place in locations identified in designated Tree Canopy Coverage Project Potential Planting Areas (PPAs), as further described in Exhibit "B," which is,hereby incorporated herein; and WHEREAS,the CRA desires to provide the CITY with funding for planting trees in PPAs that are within the CRA Area(the"Project"); and WHEREAS, the Project site lies within the boundaries of the CRA Area; and WHEREAS,the Project is intended to improve the overall quality,aesthetics,and function of the PPAs within the CRA Area; and WHEREAS, the CRA Board finds that this Agreement, and the use of the CRA's funds for the Project, is consistent with the Plan and Chapter 163, Florida Statutes; and WHEREAS, due to the intended elimination of slum and blighted conditions, and the beneficial neighborhood and redevelopment impact of the Project, the CRA and the CITY find that this Agreement serves a municipal and public purpose, and is in the best interest of the health, safety, and welfare of the CITY of Boynton Beach, including the Community Redevelopment Area; MIMS$-] Page 110 of 899 NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitals. The recitations set forth above are hereby incorporated herein. 2. Obligations of the CRA. a. The CRA shall provide funding to the CITY in an amount not to, exceed Sixty Thousand Six Hundred Fifty and 00/100 Dollars ($60,650), for materials and equipment costs associated with the physical improvements of the Project consistent with the ten-ns of this Agreement, to be used for only reimbursement of certain eligible expenses. Eligible expenses are those expenses that are consistent with the requirements of Florida Statutes, consistent with the Plan, directly related to the Project, and in compliance with the requirements of this Agreement, In addition, only expenses directly associated with planting materials and installation shall be considered eligible expenses. b. The CRA shall make payments to the CITY upon receipt of a complete written request from the CITY for payment,so long as such request complies with all requirements of this Agreement. 3. Obligations of the CITY. a. The CITY shall ensure funds provided by the CRA are not used for any purposes prohibited by § 163.370(3),Florida Statutes,or otherwise prohibited by law. b. The CITY shall ensure that the Project is designed and constructed in compliance with the Plan. C. The CITY shall be responsible for overseeing the Project, coordinating with the contractor(s), and otherwise contracting and coordinating with all other entities as necessary to effectuate the Project,but shall coordinate with the CRA concerning compliance with the Plan. d. The CITY shall also be responsible for the maintenance of the trees planted as a result of the Project,along with contracting and coordinating with all other entities as necessary to comply with the Urban Forestry Management or applicable industry best management standards, e. Upon request from the CRA, or an authorized agent of the CRA, including the Executive Director or designee and the CRA Attorney, the CITY shall provide all documents reasonably requested by the CRA or CRA's agent concerning compliance with this Agreement, specifically including any documentation concerning compliance with Florida Statutes or supporting any Reimbursement Request, OON858 -1 2 Page 111 of 899 4. Reimbursement of Funds a. The CITY shall provide a written request for reimbursement of funds (`Reimbursement Request")meeting the requirements of this Agreement to the CRA no later than 30 days after payment by the CITY of funds for which it is seeking reimbursement, and in no case later than 30 days after the Project achieves final completion, For purposes of this Agreement, final completion shall be deemed achieved upon approval of a final inspection from the City, or the equivalent. The request shall include the following information: i, The amount of reimbursement requested; ii. A summary of the Project improvements for which the CITY seeks reimbursement; iii. A statement that the Project is in compliance with the Plan and Florida Statutes, and evidence supporting the statement. iv. Copies of all invoices, receipts, and any other documentation necessary to evidence the amount and purpose for each payment made by the CITY for the Project for which the CITY is seeking reimbursement. v. For any Reimbursement Request submitted after final completion, evidence of an approved final inspection, or equivalent, and a final report by the City detailing at minirnum the type of trees, quantity, size, location, and the associated maintenance program for the trees that are planted. b. Upon receipt of a complete Reimbursement Request from the CITY that meets the requirements of this Agreement,the CRA shall remit funding in the amount requested, consistent with this Agreement,to the CITY within thirty(30)days of receipt of the Reimbursement Request. C. If the CITY fails to submit a Reimbursement Request within 30 days after the Project achieves final completion, the CITY will no longer be eligible to receive any reimbursement and this Agreement shall terminate. If the CITY submits a Reimbursement Request that the CRA deems incomplete,the CRA shall notify the CITY in writing. The CRA may ask for additional documentation that could reasonably be used to evaluate or support the Reimbursement Request. The CITY shall have 30 days from receipt of the notice to provide the necessary documentation to complete the Reimbursement Request, If the CITY fails to provide the documentation required by the CRA within 30 days,the CITY shall only be eligible for the portion of the Reimbursement Request, if any,that the CRA deems complete and eligible. The CRA will OURASS&I 3 Page 112 of 899 not reimburse the CITY for any portion of the request the CRA deems ineligible for reimbursement. 5. Limits of CRA Obligations for the Project. The Parties agree that the CRA shall only be responsible for providing reimbursement to the CITY for eligible expenses for the Project, and shall not otherwise be responsible for effectuating the Project or maintaining any trees planted as a Result of the Project, 6. Indemnification.The CITY shall indemnify,save, and hold harmless the CRA,its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct of persons or the faulty equipment (including equipment installation and removal)associated with the Project. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA or the CITY as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require the CITY to indemnify the CRA for CRA's own negligence,or intentional acts of the CRA, itslagents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 7. Term of the Agreement. This Agreement shall become valid and commence upon execution by the last Party to this Agreement, and unless earlier terminated pursuant to this Agreement, shall terminate after the Project has obtained an approved final inspection, or equivalent, and the CRA reimburses the CITY for the Project, or on December 31, 2021 ("Teninnation Date"),whichever comes first, In no case shall the CRA be required to reimburse the CITY for any untimely requests, or requests submitted after this Agreernent is terminated. The term of the Agreement may be extended only upon the execution of a written amendment signed by the CITY Commission and the CRA Board. Nothing in this paragraph shall be construed so as to affect a Party's right to terminate this Agreement in accordance with other provisions in this Agreement. S. Records. The CITY and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes, All such records shall be adequate to justify all charges, expenses, and costs 4 Page 113 of 899 incurred in accordance with generally accepted accouriting 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 tenn of this Agreement and at least I year after the tertnination of the Agreement. 9* Filing. The CITY shall file this interlocal Agreement pursuant to the requirements of Section 163.0 1(11)of the Florida Statutes 10. Default Unless otherwise provided in this Agreement, if either Party defaults by failing to perfon-n or observe any of the material terms and conditions of this Agreement for a period of ten(1 0)calendar days after receipt of written notice of such default from the other Party,the Party giving notice of default may terminate this Agreement through written notice to the other Party. Failure of any Party to exercise its right in the event of any default by the other Party shall not constitute a waiver of such rights. No Party shall be deemed to have waived any rights related to the other Party's failure to perforin unless such waiver is in writing and signed by both Parties. Such waiver shall be limited to the terms specifically contained therein, This section shall be without prejudice to the rights of any Party to seek a legal remedy for any breach of the other Party as may be available to it in law or equity. 11. No Third Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights in any third parties that are not signatories to this Agreement. 12. Compliance with Laws. The CITY and the CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. 13. Entire Agreement This Agreement represents the entire and sole agreement and under-standing between the Parties concerning the subject matter expressed herein. No terms herein may be altered,except in writing and then only if signed by all the Parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements, No extraneous information may be used to alter the terms of this Agreement. 14. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such the remainder of the Agreement shall continue to be binding upon the Parties. To that end, this Agreement is declared severable. QIM588-t 5 Page 114 of 899 15. Governing Law and Venue. The terms of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the Stale of Florida and the United States of America, without regard to conflict of laws principles. Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida, to which the Parties expressly agree and submit. 16. No Discrimination. Parties shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 17. Notice. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt,addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph, For the present, the Parties designate the following as the respective places for giving of notice: a. CITY: Lori LaVeniere, City Manager City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 b. CRA: Michael Simon, Executive Director Boynton Beach CRA 100 E. Ocean Avenue 4"' Floor Boynton Beach, Florida 33435 c. Copies To: James A.Cberof Goren,Cberof,Doody &Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Tara Duby,Esquire Lewis, Longman& Walker,P.A. MUMS-] 6 Page 115 of 899 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 18.No Transfer. The Parties shall not, in whole or in part, subcontract., assign, or otherwise transfer this Agreement or any rights, interests, or obligations hereunder to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without first obtaining the written consent of the other Party. 19. Interpretation; Independent Advice. This Agreement shall not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties, The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 20. Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the sarne instrument. In addition, said counterparts may be transmitted electronically(i.e.,via facsimile or pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 21.Survival. The provisions of this Agreement regarding inden-mitt', waiver, termination, maintenance of trees,and records shall survive the expiration or termination of this Agreement and remain in full force and effect. 22.Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. [Signatures on following page.] 7 Page 116 of 899 IN WITNESS WHEREOF,the CITY and the CRA hereto have executed this Agreement as of the later of the dates set forth below. ATTEST: CITY OF BOYNTON BEACH, a Florida municipal orporatil By: C stal Gibson, CITY Clerk Steven B. Grant, May r Approvedsto o Date: 71 (SEAL) � � 0 Office of the d"Imey Approved,i!C§to Fon-n: Btu TON BEACH COMMUNITY REDEVELOPMENT AGENCY X/ By: tffce of the CRA Attorney pc-f,� Date--- ........ OJW599-1 8 Page 117 of 899 EXHIBIT"A" (insert R20-091 as pdffile due to low resolution) OBS9588.1 91 Page 118 of 899 EXHIBIT"A" (insert R20,-091 as pdffile due to low resolution) 0 08 8 5W 1 9 Page 119 of 899 EXHIBIT"B" (Insert POTENTIAL PLANTING AREAS(PP) WITHIN CRA AREA as pdf file) 01388$88-1 10 Page 120 of 899 Exhibit"A" RESOLUTION NO. R20-091 2 3 4 A RFSOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, ADOPTING A CITYWIDE TREE PLANTINC 6 COAL OF 3,000 TREFS PER YEAR TO ACHIEVE 20'/6 7 TIME. CANOPY COVERAGE, BY 2035; AND PROVIDING X AN EFFECTIVE DATE. I WHEREAS, the Cit) of Boynton Beach eqjoys numerous benefits from its urban forest 12 including shade. energy savings. walk-able neighborhoods, natural beauty. eOldlllc liabilat, 13 increased property values. carbon sequestration. uptake (if air pollution. and absorption of' 14, storinwater runoffi. and 15 WHEREAS, trees are declining throughout the southern United States as a result of 16 development. stcrrm dar age. disease..and lack of re as older trees die: and 17 WHEREAS, an urban tree canopy assessment of Boynton Beach found that Irce canol).N IN covers 16.1% ol'ihc city*s total land area. and that the CitY lest 1% of its tree canopy. or about 19 1 MO trees. 1'rom 2017 to 2019. and -Ao WHEREAS,the sonic assessinent found that 7.4%ofthe CitN's land area could potenliall� 21 he planted with additional trees: wd 22 WHEREAS, the City's 2020 Climate Action Plan identifies Urban Forestry as a kcx -13 strateVy to help reduce cornmunity-wide greenhouse gas emissions 5('No hclo%k 2(l15 levels by 24 2035. and 25 WHE,REAS, planting trees in targeted areas can increase equity because low-income 26 neighborhoods often have lower tree vainol)N and hotter surface temperatures: and 27 WHFREAS,community niernbcrs have identified tree canory expansion as a 101)priority 'I$ to stake Boynton Beach a more sustainable city.and 29 W11FREAS, the City has developed partnerships N\i1h nonprofit organizations and Ott reccivcd grant awar(h to jilant INC5 in pohlic parks, wl ools. and private residencesR and N ItAkl M$1 rt:,�I,awp -kusti 17684.`4 Page 121 of 899 31 WH EREAS. the City %N ill continue to PLU-SAIC orants and other funding opportunifles. and 32 will engage the private sector it)contribute to the citywide tree planting goal, and WHERE-AS,.the it,, wi I I conduct a land cover a ssessmenteveryllwor to five y ears to track 34 progress toNvard meeting the tree canopy goal ol'2 `0 coverage. 35 NOW,THEREFORE, 13E ITRESOLNIM BY THE CITY COMMISSION OF THE .m CITY OF BOYNTON BEACH. FLORIDA,THAT: 37 Section I� Whereas clause set forth above is true and con-ect and incorporated .18 herein by this refierence, 39 Section 2, The Boynton Beach City Conitnission adopts a city-wide tree planting goal 40 of 3,000 trees per year to achieve 20%tree canop) covera e by the yen 2 35 e- . r () , 41 Section 3. That this Resolution shall become el-Twive inimccliately upon passage. 42 PASSED AND ADOPTED this day of'September. 2020. 43 CITY OF BOYNTON BE.ACl 1. FLORIDA 44 45 YES NO 46 Mavor— Steven B Grant 47 48 Vice Mayor 1`y llensertt 49 so Commissioner—Justin Kati 51 52 Commissioner \Voodro%\ L. I lay 53 54 Commissioner—Chri st ina L Romel us 55 56 VOTE S_-V 57 A TTESI 58 59 60 61 try'A"tal Gibson. MMC 62 C 6V Clerk 63 64 65 (Corpol'ale'Seal) ReSvINIA Page 122 of 899 r i I � � vv - - 0 1In (: 4 th ,v. 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Description Payable Date Due Rate Payable Amount LEGAL FEES 11/10/2020 11/10/2020 7,730-DO Payables Left To Pay Again Vendor Set:* 01 BOYTON BEACH CRA Bank. GFCB-GEN FUND CKG-TD BANK Vendor Number Vendor Name Total Vendor Amount LEWIS,LONGMAN&WALKER P.A. -1,275.00 Payment"type Payment Number Original Payment Dom Reversal Rate Payment Amount Check 11112/2020 11132/2020 -1,275.00 Payable Number, Ion Payable Rate Due Dow Payable Amount LEGAL FEES 11/10/2020 11/10/2020 1,27500 11/12/2020 12:44:2613M _ Pae 1 of 2 Page 134 of 899 Check Register r"% Boynton Beach CRA, FL Packet. APPKT00 6v_LEWIS LON MAN � y Check Number Vendor Number Vendor Name payment Date Payment Type Discount Amount Payment Amount Number Bank Code.GFCB-GEN FUND CKG-TD BANK 0205 LEWIS,LONGMAN&WALKER,P.A. 11/12/2020 Regular 0.00 1,275.00 10368 Barak Code iGFC8 Summary Payable Payment Payment Type Count Count Discount payment Regular Checks 1 1 0.00 1,275.E Manual Checks 0 0 0.00 0.0 Voided Checks 0 Q MOO 0.00 Bank Drafts 0 ft 0.00 01 1 i66p 2,275.00 11/12/2020 1.17;34 Pfd _ Page$ of 3 Page 135 of 899 Check Rftlster Packet:APPKTW7fi4-LEMS WNGMAN All Bank Codes Check Summary Payable Payment Payment Type Count Count Discount Payment Regular Checks 2 2 0.00 9,00540 Manual Checks 0 0 0.00 0.00 voided checks 0 0 0.00 040 Bank Drafts 0 0 OM 0.00 EFT's 0 0 0.00 0.00 2 z 0.00 9,000m Fund Summary fund Name Period Amount 01 GENERAL FUND 11/2020 1,275-00 02 PROJECTS FUND 11/2020 7,730M 9,OOS.00 11/12/2020 1:27:34 PM Page 3 of 3 Page 136 of 899 6.E. Consent Agenda 12/7/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/7/2021 Requested Action by Commission: Authorize utilizing State of Florida Alternate Contract 43211500- W SCA-15-ACS for the renewal of Datrium ControlShift SaaS system from Transource Services Corp in the amount of$24,300 for 1 year. Explanation of Request: On November 5, 2019 the City Commission approved the purchase of Datrium ControlShift SaaS system to automate the controlled fail-over and fail-back of servers to the City disaster recovery data center from the City's Fire Station #5 data center and the Utilities data center. Approval of this renewal will allow the City to continue to use the Datrium ControlShift Saas system for one year. The purchase requires City Commission approval because the total amount spent with Transource Services Corp by the ITS Department will be over $35,000. Transource Services Corp Purchases FY 21/22 Purchase Description Cost Datrium DVX Hardware and Software Support $23,749.20 Datrium ControlShift SaaS $24,300.00 Total $48,049.20 How will this affect city programs or services? In 2017, the City purchase Datrium DVX systems for the Fire Station#5 data center, Utilities data center and the disaster recovery data center. Installation of the Datrium DVX system in the three data centers has allowed the City to shorten the RPO (Recovery Point Objective) from 24 hours to as few as 45 minutes and the RTO (Recovery Time Objective) from approximately 4 hours to under 5 minutes. RPO describes the interval of time that might pass during a disruption before the quantity of data lost during that period exceeds the maximum allowable threshold or tolerance. RTO is the duration of time within which a business process must be restored after a disaster in order to avoid unacceptable consequences associated with a break in continuity. The addition of the Datrium ControlShift SaaS system with the existing Datrium DVX system allows the City to automate the fail-over and fail-back of server to/from the disaster recovery data center. This renewal will allow the City to continue to use the Datrium ControlShift SaaS system. The Datrium ControlShift SaaS system allows the creation of rulebooks to automate the fail-over and fail-back of the servers to/from the disaster recovery data center. The Datrium ControlShift SaaS system also uses the rulebooks to check the configuration of the Datrium DVX systems every 30 minutes to ensure that no configuration changes have occurred that may negatively affect the fail-over or fail-back process. Fiscal Impact: Funding has been approved in account 001-1510-513.49-17 in the 2021/2022 budget. Alternatives: An alternative could be to issue a formal RFP for the renewal, but that does not guarantee a substantially lower cost. Page 137 of 899 Strategic Plan: High Performing Organization Strategic Plan Application: This purchase falls under the strategic goal of high performing organization by protecting the integrity of the City's data and information assets from damage or loss. Failure or delays in shifting to backup data centers would have a negative impact on the use of internal computer servers and systems, and in turn, a cause a potential increase in cost and negative impact on services provided to the community. Climate Action Application: This agenda item has a net-zero impact on the climate. Is this a grant? Grant Amount: Attachments: Type Description D Agreement NA PO Agreement D Amendment NA PO Agreement-Amendment 3 D Addendum State of Florida Addendum D Quotes Transource Quote D Other Contract Pricing Summary Page 138 of 899 STATE OF MINNESOTA Materials Management Division 112 Administration Building ` livnese)b 50 Sherburne Avenue •• ; DEPARTMENT OF ADMINISTRATION St. Paul, MN 55155 Voice: 651.296.2600 Fax: 651.297.3996 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD WITH TRANSOURCE SERVICE CORPORATION FOR COMPUTER EQUIPMENT: (Desktops, Laptops, Tablets, Servers, Storage including Related Peripherals & Services) To: Transource Service Corporation CONTRACT NO: MNWNC-130 2405 W. Utopia Road Phoenix,Arizona 85027 CONTRACT PERIOD: April 1, 2015, or upon final Contract Vendor Administrator: executed signatures, Curtis Wescott whichever is later Email: curtisw transource.com Phone: 623.879.8882 ext 24 Through March 31, 2017 EXTENSION OPTION: UP TO 36 MONTHS You are hereby notified that your response to our solicitation,which opened January 31, 2014, is accepted. The following documents, in order of precedence, are incorporated herein by reference and constitute the entire Contract between you and the State: 1.A Participating Entity's Participating Addendum ("PA")A Participating Entity's Participating.Addendum shall not diminish, change, or impact the rights of the Lead State with regard to the Lead State's contractual relationship with the Contract Vendor under the Terms of Minnesota WSCA-NASPO Master Agreement; 2. Minnesota WSCA-NASPO Master Agreement; 3. The Solicitation; and 4.the Contract Vendor's response to the Solicitation. These documents shall be read to be consistent and complementary.Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. i IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. 1. TRANSOURCE SERVICE CORPORATION 2. MINNESOTA MATERIALS MANAGEMENT DIVISION The Contractor certifies that the appropriate person(s)have In accordance with Minn.Stat.§16C.03,subd.3. executed this Agreement on behalf of the Contractor as required by applicable a ' s,byl "p 'ons,or ordinances. By: ag (t BY: I `-� i Title: Master A reem ntAdministrator Pllntetl Tide: re, ' mcunac Date: i Date: ' By: Signature 3. MINNESOTA COMMISSIONER OF ADMINISTRATION Pfted Nems Or delegated representative. Title: By: Date: Date: Orlainal signed FEB 2 6 2015 i BY Lucus I Janneff 1 CONTRACT NO. MNWNC-13D MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 139 of 899 Tack, Timothy From: Harvey, Rebecca Sent: Monday, April 18, 2022 11:30 AM To: Shutt, Thuy Cc: Hill, Vicki; Mack, Andrew; Dunmyer, Gary;Jenkins,Jobara; Swanson, Lynn;Tack, Timothy Subject: RE: Tree Canopy ILA First Amendment Good morning Thuy, Unfortunately, I have been unable to spend the approximately$12,000 left in the tree canopy fund, and it looks like I will be unable to do so before the ILA expires June 30. We have exhausted the larger areas available for planting in the CRA, and I do not currently have a contract in place to do smaller plantings (which cost more per tree) nor the matching funds to cover the labor and administrative costs. So please go ahead and reallocate the remaining funds. I do not have the copy of the ILA amendment in my files. Thank you, Rebecca Rebecca Harvey Sustainability Coordinator City Manager's Office City of Boynton Beach 500 E Ocean Ave, Boynton Beach, Florida33435 561-742-6494 .<`551-742-5299.E H rveyR@bbfl,us http:ffwww,boyrton-be ch or / America's Gateway to the Gulfstream Please be advised that Florida has a broad public: records law and all correspondence to me via email may be subject to disclosure,Under Florida records law, email :;:;Eeses are public records, Iffierefore, your e-mail communication an:; your e-mail address may be subject to public: disclosure, From: Shutt,Thuy Sent: Friday, April 15, 2022 7:28 PM To: Harvey, Rebecca <HarveyR@bbfl.us> Cc: Hill, Vicki <HiIIV@bbfl.us>; Mack,Andrew<MackA@bbfl.us>; Dunmyer, Gary<DunmyerG@bbfl.us>;Jenkins,Jobara <JenkinsJ@bbfl.us>; Swanson, Lynn <SwansonL@bbfl.us>;Tack,Timothy<TackT@bbfl.us> Subject:Tree Canopy ILA First Amendment Hi, Rebecca, 1 It's that time again. I was wondering if I can have a status on the expenditures for this project. The deadline for it to be spent is June 30, 2022. We are doing our budget planning and would like to know if the remaining funds will need to be reallocated to another project if you cannot use it for this project (e.g. Ho property, etc.). Also, do you have an executed copy of the First Amendment and Resolution from the City Clerk? I remember following the December 7th City Commission meeting but forgot to follow up for our files. If not, I will check with the City Clerk's office. Please let me know. Thank you. E hu y Shutt,AIA, FRA-RA Executive Director Boynton Beach Community Redevelopment Agency 100 L, Ocean Ave, I Boynton Beach, Florida 33435 561-600-9098 hutt"i @bb`l,us http://www.boyntonbeachcra.com ONT iiiiiiBEACK",C'RA COMMUNRY REDEVELOPMENT AGENCY America's Gateway to the Gulfstream Please be advised that Florida has a broad public: records law and all correspondence to me via email may be subject to disclosure,Undr Florida records law, email dd esesare public records, 11cherefore,youre-mai communication and your e-mail address may be subject to public: disclosure, From: Harvey, Rebecca Sent: Wednesday, December 1, 20218:19 AM To: Swanson, Lynn <SwansonL@bbfl.us>; Shutt,Thuy<ShuttT@bbfl.us> Cc: Curfman, Vicki <CurfmanV@bbfl.us>; Hill, Vicki <HiIIV@bbfl.us>; Mack, Andrew<MackA@bbfl.us>; Dunmyer, Gary <DunmyerG@bbfl.us>;Jenkins,Jobara <JenkinsJ@bbfl.us> Subject: RE:Tree Canopy ILA First Amendment Thank you all very much! Rebecca 2 Rebecca Harvey Sustainability Coordinator City Manager's Office City of Boynton Beach 500 E Ocean Ave, Boynton Beach, Florida33435 551-742-5494 .<`551-742-6299> H rveyR@bbfl,us http:ffwww,boynton-be ch or / America's Gateway to the Gulfstream Please be advised that Florida has a broad public: records law and all corre.spondenc:e to rye via email may be subject to disclosure,Uner Florida records law, email dd es s are public records,ds, ffir E efore,your e-mail communication and your e-mail address may be subject to public: disclosure, From: Swanson, Lynn Sent:Tuesday, November 30, 20214:24 PM To: Shutt,Thuy<ShuttT@bbfl.us>; Harvey, Rebecca <HarveyR@bbfl.us> Cc: Curfman, Vicki <CurfmanV@bbfl.us>; Hill, Vicki <HiIIV@bbfl.us>; Mack, Andrew<MackA@bbfl.us>; Dunmyer, Gary <DunmyerG@bbfl.us>;Jenkins,Jobara <JenkinsJ@bbfl.us> Subject: RE:Tree Canopy ILA First Amendment Good afternoon: I uploaded the original ILA, the First Amendment and the Resolution, all which were approved by Jim Cherof and moved the item along for the December 7t"City Commission agenda. Lynn Swanson Legal Services Administrator City Attorney's Office Mailing Address: P,O, Box 310 Boynton Beach, Florida33425 Physical Address: 500 E, Ocean Ave, Boynton Beach, Florida33435 561-742-6053 Swan<sonL@bbfLus boynton-beach,or / Please be advised that Florida has a broad public: records law and all corre.spondenc:e to rye via email may be subject to disclosure,Uner Florida records law, email dd es s are public records,ds, ffir E efore,your e-mail communication and your e.-nail address may be subject to public: disclosure, 3 From: Shutt,Thuy Sent:Tuesday, November 30, 20213:58 PM To: Harvey, Rebecca <HarveyR@bbfl.us> Cc: Curfman, Vicki <CurfmanV@bbfl.us>; Hill, Vicki <HiIIV@bbfl.us>; Mack, Andrew<MackA@bbfl.us>; Dunmyer, Gary <DunmyerG@bbfl.us>; Swanson, Lynn <SwansonL@bbfl.us>;Jenkins,Jobara <JenkinsJ@bbfl.us> Subject: FW:Tree Canopy ILA First Amendment Hi, Rebecca, Please see attached for the draft V Amendment to the Tree Canopy ILA from our attorney. I have also attached the original fully executed ILA for your information. I am not sure who from the City Attorney's office will be reviewing this but have copied Lynn S. so she is in the loop. This will go on the 12/14/21 CRA Board agenda for approval then I guess to the 12/7 CC agenda per your voicemail. Our staff will forward a scanned copy of the ILA once Chair Grants signs it. Thank you. E hu y Shutt,AIA, I=RA-RA Executive Director Boynton Beach Community Redevelopment Agency 100 L, Ocean Ave, I Boynton Beach, Florida 33435 561-600-9098 hutfl1F@bb`l,us http://www.boyntonbeachcra.com BOYN� ltt>>k,A k i,iECre i hi ,CRA COMMUNRY REDEVELOPMENT AGENCY America's Gateway to the Gulfstream Please be advised that Florida has a broad public: records law and all correspondence to me via email may be subject to disclosure,Undr Florida records law, email dd esesare public records, 11cherefore,youre-mai communication and your e-mail address may be subject to public: disclosure, From:Telsula Morgan <tmorgan@Ilw-law.com> Sent: Monday, November 29, 20214:19 PM To: Shutt,Thuy<ShuttT@bbfl.us>; Curfman, Vicki <CurfmanV@bbfl.us> Cc:Tara Duhy<tduhy@Ilw-law.com>; Kathryn Rossmell <krossmell@Ilw-law.com> Subject:Tree Canopy ILA First Amendment Thuy: Attached is a draft of the First Amendment to the Tree Canopy ILA. Please double check the highlighted effective date of the original agreement. Feel free to contact me if you have any questions. 4 Telsula C. Morgan ' Senior Attorney 360 S. Rosemary Drive, Suite 1100 I West Palm Beach, Florida 33401 tmorgann,llw-law.com 1561.640.0820 vCard I Website I Bio I ioin us online LEWIS LLONGMAN ' . . LW I WALKER The information contained in this transmission may be legally privileged and confidential.It is intended only for the use of the recipient(s)named above.If the reader of this message is not the intended recipient,you are hereby notified that you received this communication in error,and that any dissemination,distribution,or copying of this communication is strictly prohibited.If you have received this communication in error,please notify the sender immediately by reply email and delete the message and all copies of it. 5 i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: June 14, 2022 CRA PROJECTS IN PROGRESS AGENDAITEM: 14.E. SUBJECT: MLK Jr. Boulevard Corridor Mixed Use Project (d/b/a Heart of Boynton Village Apartments) Update SUMMARY: The MLK Jr. Boulevard Corridor Commercial Redevelopment and Affordable Multi-Family Rental Apartment Project will provide 124 affordable multi-family rental units as well as 8,250 square feet of leasable commercial space (Attachment 1-111). Since the April 12th CRA Board meeting, the following progress has been made (see Attachment I V). East Building The site has been cleared, concrete footers and block has been installed up to the second floor. The second floor has been formed and is being prepared for concrete. The Electrical, Water and Sewer has been trenched and stubbed up for future connection. Base rock for the east parking lot has been spread. The site drainage installation is ongoing. West Building The Site has been cleared and the contractor is waiting on existing utilities to be relocated by AT&T. North Building The site has been cleared. Concrete footers and block have been installed to grade. Structural reinforcement and formwork for the columns are being prepared for concrete. The construction timeline estimates the Project will be completed in early 2023. Until completion, a monthly project construction updates 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 - M LK Jr Blvd Project Site Plan - North D Attachment II - M LK Jr Blvd Project Site Plan -South D Attachment III - M LK J r. Blvd. M ixed Use Development Project Renderings D Attachment IV -Construction Progress Photos �oS1031IHHOklW IM3 fi9M3Hl0-1 IWC �22d £}} Q o m Z o Q o VHO m C�...,....,..� o U S o "L Z Q o g O 3 1 1 L<G 1--.. u m C a o a=o mpz m s z z a RV, l.i 5� ° m I I _ . EN owa mo a I w - fifi m IQ a o III >! o 0 m o� m oil ci 0 QI � o w! C-4It u. 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